2016-047 - Amend the Conflict of Interest CodeRESOLUTION 2016 -047
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AMENDING THE APPENDICES OF THE TOWN'S
CONFLICT OF INTEREST CODE PURSUANT TO DIVISION 4
OF ARTICLE III OF CHAPTER 2 OF THE LOS GATOS TOWN CODE
WHEREAS:
A. The Political Reform Act, Government Code section 81000, et seq., requires State
and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political
Practices Commission has adopted a regulation, 2 California Code of Regulations Section 18730,
which contains the terms of a standard conflict of interest code, which can be incorporated by
reference and which may be amended by the Fair Political Practices Commission to conform to
amendments in the Political Reform Act after public notice and hearings. The terms of 2 California Code
of Regulations Section 18730 have been adopted by reference by the Town Council in Division 4 of
Article III of Chapter 2 of the Los Gatos Town Code.
B. The Town Council/Redevelopment Agency adopted an ordinance intended to
better facilitate the process of updating the Town's Conflict of Interest Code by authorizing the adoption
and periodic updates of the detailed appendices required by 2 California Code of Regulations Section
18730 containing the designation of positions and disclosure categories.
C. The California State Legislature adopted ABxl 26 in June, 2011 which requires
the Town as the Successor Agency for the former Redevelopment Agency to establish an
Oversight Board. Pursuant to ABxl 26 and a determination by Fair Political Practice
Commission (FPPC), the Oversight Board is required to adopt a Conflict of Interest Code. On
April 3, 2012, at its first meeting, the Oversight Board adopted a Resolution adopting the Town
of Los Gatos Conflict of Interest Code and any amendments thereto as the Conflict of Interest
Code for the Oversight Board
D. This resolution is intended to update the Town of Los Gatos Conflict of
Interest Code by amending the detailed appendices containing the designation of positions and
disclosure categories to include both the Successor Agency of the Redevelopment Agency of the
Town of Los Gatos and the Oversight Board to the Successor Agency of the Redevelopment
Agency of the Town of Los Gatos.
RESOLVED:
1 The following shall constitute the Appendix "A" to the Town of Los Gatos Conflict of
Interest Code, by listing of those positions that are required to submit Statements of Economic Interests
pursuant to the Political Reform Act of 1974, as amended. The Town Council/Redevelopment
Agency hereby finds that the officers and employees holding the following designated positions make, or
participate in the making of decisions which may reasonably have a material effect on financial interests,
and are, therefore, designated employees of the Town of Los Gatos solely for purposes of the Fair
Political Practices Act and required to make financial disclosures as specified:
DESIGNATED POSITIONS
ADMINISTRATION
Town Council
Town Manager
Assistant Town Manager
Administrative Analyst
Clerk Administrator
Deputy Clerk
Finance and Budget Manager
Human Resources Director
Management Information Systems Manager
Economic Vitality Manager
Community Outreach Coordinator
COMMUNITY DEVELOPMENT
Community Development Director
Planning Manager
Administrative Analyst
Senior Planner
Associate Planner
Assistant Planner
Planning Technician
DISCLOSURE CATEGORY
1 through 13
1 through 13
1 through 13
1 through 13
1 through 13
1 through 13
1 through 13
1 through 13
1 through 13
1 through 13
1 through 13
1 through 13
1 through 13
1 through 13
1 through 13
1 through 13
1 through 13
1 through 13
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Resolution 2016 -047 September 20, 2016
COMMUNITY DEVELOPMENT — continued
Counter Technicians
1 through 13
Code Compliance Officer
1 through 13
Building Official
1 through 13
Building Inspector
1 through 13
LIBRARY
Library Director 1 through 13
Library Manager I through 13
Director of Parks and Public Works
1 through 13
Superintendent
1 through 13
Administrative Analyst
1 through 13
Town Engineer
1 through 13
Associate Engineer
1 through 13
Traffic Engineer
1 through 13
Senior Public Works Inspector
1 through 13
Public Works Inspector
1 through 13
Engineering Technician
1 through 13
Facilities & Environmental Programs Manager
1 through 13
Project Coordinator
1 through 13
POLICE DEPARTMENT
Police Chief
1 through 13
Police Captain
1 through 13
Police Lieutenant
1 through 13
Records and Evidence Manager
1 through 13
TOWNATTORNEY
Town Attorney I through 13
Deputy Town Attorney 1 through 13
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
Executive Director
1 through 13
Deputy Director
1 through 13
Secretary
1 through 13
Finance Director
1 through 13
Treasurer
I through 13
General Counsel
1 through 13
OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY
Oversight Board 1 through 13
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Resolution 2016 -047 September 20, 2016
DESIGNATED POSITIONS DISCLOSURE CATEGORY
COMMISSIONERS, COMMITTEE AND BOARD MEMBERS
Arts and Culture Commission
1 through 13
Bicycle and Pedestrian Advisory Commission
1 through 13
Building Board of Appeals
1 through 13
Community and Senior Services Commission
I through 13
Conceptual Development Advisory Commission
1 through 13
Development Review Committee
1 through 13
General Plan Committee
1 through 13
Historic Preservation Committee
1 through 13
Library Board
1 through 13
Parks Commission
1 through 13
Personnel Board
1 through 13
Planning Commission
1 through 13
Transportation and Parking Commission
1 through 13
SPECIFIED CONSULTANTS
Those consultants defined as a "consultant" by the Fair 1 through 13
Political Practice Commission and as determined by the
Town Attorney in writing
In addition, the Town Attorney may determine in writing that a particular consultant is hired to
perform a range of duties that is limited in scope and thus is not required to fully
comply with these disclosure requirements. Such written determination shall include a
description of the consultant's duties and based upon that description, a statement of the
extent of disclosure requirements. The Attorney's determination is a public record and shall
be available for inspection.
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Resolution 2016 -047 September 20, 2016
2 The following list shall constitute Appendix 'B" to the Town of Los Gatos Conflict of
Interest Code, as amended, by listing of the disclosure categories that are required pursuant to the
Political Reform Act of 1974. When a designated employee is required to disclose investments
and sources of income, he or she need only disclose investments in business entities and sources
of income with those who do business in the Town of Los Gatos, plan to do business in the Town
of Los Gatos, or have done business in the Town of Los Gatos within the past two (2) years. In
addition to other activities, a business entity is doing business within the Town of Los Gatos if it
owns real property within the Town of Los Gatos. When a designated employee is required to
disclose interests in real property, he or she need only disclose real property which is located in
whole or in part within the Town or not more than two (2) miles outside of Town Boundaries or
not more than two (2) miles of any land owned or used by the Town of Los Gatos.
General Provisions
Designated employees shall disclose their financial interest pursuant to the appropriate
disclosure category as indicated in section 2.30.610.
Category I: Investments (which are not held through a business entity or trust)
Category 2: Interests in Real Property (which are not held through a business entity or trust)
Category 3: Interests in Real Property Held by a Business Entity or Trust
Category 4: Investments held by a Business Entity or Trust
Category 5: Income (other than loans, gifts and honoraria)
Category 6: Income (travel payments, advances, reimbursements)
Category 7: Income — Loans (received or outstanding during the reporting period)
Category 8: Income -- Gifts
Category 9: Income — Honoraria
Category 10: Commission Income Received by Brokers, Agents and Salespersons
Category 11: Income and Loans to Business Entities or Trusts
Category 12: Income from Rental Property
Category 13: Business Positions
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Resolution 2016 -047 September 20, 2016
3. Any change provided in the appendices of the Town of Los Gatos Conflict of Interest Code
shall not affect or excuse any offense or act committed or done or omission or any penalty or forfeiture
incurred or accruing under any other Conflict of Interest Code, nor shall it affect any prosecution, suit,
or proceeding pending or any judgment rendered in connection with any other conflict of interest code.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 20a' day of September, 2016, by the following vote:
COUNCIL MEMBERS:
AYES: Marcia Jensen, Steve Leonardis, Rob Rennie, Marico Sayoc, Mayor Barbara Spector
NAYS: None.
ABSENT: None.
ABSTAIN: None.
Mai YaR OF THE TOWN OF LOS GATOS
LOS GATOS, C LIFORNIA
DATE:
ATTEST:
�•_ 1m =
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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Resolution 2016 -047 September 20, 2016