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Ordinance XXXX Council Meeting Date
DRAFT ORDINANCE
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AMENDING TOWN CODE CHAPTER 2, DIVISION 4 – CONFLICT OF INTEREST, SECTION
2.30.615. – FILING OF STATEMENTS AND ADDING SECTION 2.30.620. – RELATING TO
ELECTRONIC AND PAPERLESS FILING OF FAIR POLITICAL PRACTICES COMMISSION
CAMPAIGN DISCLOSURE STATEMENTS
WHEREAS, California Government Code Section 84615 provides that a legislative body
of a local government agency may adopt an ordinance that requires an elected of ficer,
candidate, or committee, required to file statements, reports, or other documents required by
Chapter 4 of the Political Reform Act to file such statements, reports or other documents online
or electronically with the Town Clerk; and
WHEREAS, in any instance in which the original statement is required to be filed with
the Secretary of State and a copy of that statement is required to be filed with the local
government agency, the ordinance shall require, that the copy be filed online or electronic ally
by 2019; and
WHEREAS, the Town Council expressly finds and determines that the Town Clerk’s web-
based system contains multiple safeguards to protect the integrity and security of the data, and
will operate securely and effectively and will not unduly burden filers; and
WHEREAS, the Town Clerk will operate the electronic filing system in compliance with
the requirements of California Government Code Section 84615 and any other applicable laws.
NOW, THEREFORE, THE PEOPLE OF THE TOWN OF LOS GATOS AND THE TOWN
COUNCIL DO HEREBY ORDAIN AS FOLLOWS:
SECTION 1. CODE AMENDMENT
Chapter 2 Division 4 – CONFLICT OF INTEREST is hereby amended and added, as follows:
DIVISION 4. - CONFLICT OF INTEREST
Sec. 2.30.615. - Filing of statements.
Council Members, Commissioners, designated employees, and designated consultants shall file
statements of economic interests electronically with the Town Clerk who shall be and perform
the duties of filing officer for the Town of Los Gatos. Council Members, employees, and/or
Commission members, who serve in more than one capacity, shall be required to file only one
statement of economic interest, as required by law.
ATTACHMENT 2
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Ordinance XXXX Council Meeting Date
Section 2.30.620. – Filing of Campaign Statements.
Any elected officer, candidate, or committee required to file statements, reports, or other
documents (“Statements”) as required by Chapter 4 of the Political Reform Act (California
Government Code Section 84100 et seq.) may file such Statements using the Town Clerk
Administrator’s online system according to procedures established by the Clerk Administrator.
These procedures shall ensure that the online system complies with the requirements set forth
in Section 84615 of the Government Code. From and after February 1, 2019, elected officers,
candidates, and committees required to file Statements must file such Statements using the
Town Clerk Administrator’s online system, unless exempt from the requirement to file online
pursuant to Government Code Section 84615(a) because the officer, candidate, or committee
receives less than $1,000 in contributions and makes less than $1,000 in expenditures in a
calendar year.
SECTION 2. CONSTRUCTION
The Town Council intends this Ordinance to supplement, not to duplicate or contradict,
applicable state and federal law and this Ordinance shall be construed in light of that intent. To
the extent the provisions of the Los Gatos Municipal Code as amended by this Ordinance are
substantially the same as the provisions of that Code as it read prior to the adoption of this
Ordinance, those amended provisions shall be construed as continuations of the earlier
provisions and not as new enactments.
SECTION 3. CEQA
The Town Council finds and determines that the adoption of this ordinance is exempt from the
requirements of the California Environmental Quality Act (CEQA) per CEQA Guidelines under
the General Rule (Section 15061(b)(3)), which sets forth that the CEQA applies only to projects
which have the potential for causing a significant effect on the environment. It ca n be seen
with certainty that the proposed Town Code text amendments will have no significant negative
effect on the environment.
SECTION 4. SEVERABILITY
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held by
a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the
remaining portions of this ordinance. The Town Council of the Town of Los Gatos hereby
declares that it would have passed this ordinance and each section o r subsection, sentence,
clause and phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses or phrases be declared invalid. Except as expressly modified in this
Ordinance, all other sections set forth in the Los Gatos Town Code shall remain unchanged and
shall be in full force and effect.
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Ordinance XXXX Council Meeting Date
SECTION 5. EFFECTIVE DATE
This ordinance shall take effect immediately and will be enforced thirty (30) days after its
adoption.
SECTION 6. PUBLICATION AND POSTING
In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage, a
summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days
after adoption by the Town Council and a certified copy shall be posted in the office of the
Town Clerk, pursuant to GC 36933(c)(1).
SECTION 7. INTRODUCTION AND ADOPTION
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on the ___ day of _____ 20 , and adopted by the following vote as an ordinance of
the Town of Los Gatos at a meeting of the Town Council of the Town of Los Gatos on the ____
day of _____ 20 . This ordinance takes effect 30 days after it is adopted. In lieu of publication
of the full text of the ordinance within fifteen (15) days after its passage a summary of the
ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by
the Town Council and a certified copy shall be posted in the office of the Town Clerk, p ursuant
to GC 36933(c)(1).
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________