2018-045 - Amending Conflict of Interest CodeRESOLUTION 2018 -045
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, the Political Reform Act, Government Code section 81000, etseq., 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 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.
WHEREAS, the Town Council adopted Ordinance 2139 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.
WHEREAS, 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.
NOW THEREFORE, BE IT RESOLVED: 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:
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Resolution 2018 -045 September 18, 2018
DESIGNATED POSITIONS
ADMINISTRATION
Town Council
Town Manager
Assistant Town Manager
Administrative Analyst
Town Clerk Administrator
Deputy Clerk
Finance Director
Finance and Budget Manager
Human Resources Director
Information Technology Manager
Economic Vitality Manager
Events and Marketing Specialist
COMMUNITY DEVELOPMENT
Community Development Director
Planning Manager
Administrative Analyst
Administrative Technician
Senior Planner
Assistant Planner
Associate Planner
Planning Technician
Permit Technicians
Code Compliance Officer
Building Official
Senior Building Inspector
Building Inspector
LIBRARY
Library Director
Library Manager
PARKS AND PUBLIC WORKS
Director of Parks and Public Works
Assistant Director /Town Engineer
Superintendent
Senior Administrative Analyst
Arborist
Assistant Engineer
Associate Engineer
DISCLOSURE CATEGORY
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Resolution 2018 -045 September 18, 2018
Traffic Engineer
1 through 13
Public Works Inspector
1 through 13
Engineering Technician
1 through 13
Environmental Programs Specialist
1 through 13
Project Manager /Construction Project Manager
1 through 13
Transportation and Mobility Manager
1 through 13
Operations Manager
1 through 13
POLICE DEPARTMENT
Police Chief
1 through 13
Police Captain
1 through 13
Records and Evidence Manager
1 through 13
Senior Administrative Analyst
1 through 13
Community Outreach Coordinator
1 through 13
TOWN ATTORNEY
Town Attorney 1 through 13
Deputy Town Attorney 1 through 13
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
1 through 13
Conceptual Development Advisory Commission
1 through 13
Development Review Committee
1 through 13
General Plan Committee
1 through 13
General Plan Advisory 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
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Resolution 2018- September 18, 2018
A Consultant is defined as an individual who contracts with or whose employer contracts with
state or local government agencies and who makes, participates in making, or ads in a staff
capacity for making governmental decisions.
FPPC Regulation 18700.3 defines "consultants" as including the following individuals who make
a governmental decision whether to:
• Approve a rate, rule, or Regulation
• Adopt or enforce a law
• Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or
similar authorization or entitlement
• Authorize the agency to enter into, modify, or renew a contract provided it is the type of
contract that requires agency approval
• Grant agency approval to a contract that requires agency approval and to which the agency is
a party, or to the specifications for such a contract
• Grant agency approval to a plan, design, report, study, or similar item
• Adopt, or grant agency approval of, policies, standards, or guidelines for the agency or for any
of its subdivisions
A consultant also is an individual who serves in a staff capacity with the agency and:
• Participates in making a governmental decision; or
• Performs the same or substantially all the same duties for the agency that would otherwise be
performed by an individual holding a position specified in the agency's conflict-of- interest code.
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 requiredtofully
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 2018- September 18, 2018
BE IT FURTHER RESOLVED: 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
BE IT FURTHER RESOLVED: 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.
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Resolution 2018- September 18, 2018
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 18th day of September, 2018, by the following vote:
COUNCIL MEMBERS:
AYES: Marcia Jensen, Steve Leonardis, Marico Sayoc, Barbara Spector, Mayor Rob Rennie
NAYS: None.
ABSENT: None.
ABSTAIN: None.
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: T11 ? : Q
ATTEST:
CLERK ADM MIST RATOR OF T , TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: q ao/wi$
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Resolution 2018- September 18, 2018