11 Staff Report - Amending Conflict of Interest Code~IrsW N QF
i„ COUNCIL AGENDA REPORT
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DATE: February 8, 2005
TO: MAYOR AND TOWN COUNCIL
FROM: ORRY P. KORB, TOWN ATTORNEYO~
MEETING DATE: 2/22/05
ITEM NO.
SUBJECT: ADOPT ORDINANCE AMENDING TOWN CONFLICT OF INTEREST
CODE (DIVISION 4 OF ARTICLE III OF CHAPTER 2) TO ALLOW FUTURE
REVISIONS OF THE APPENDICES BY RESOLUTION
RECOMMENDATION:
1. Adopt ordinance that was introduced at the Council meeting of February 7, 2005
2. Instruct the Clerk Administrator to either:
(a) publish the ordinance within 15 days after adoption, or
(b) publish a summary no more than 15 days after adoption (if summary
published before adoption).
DISCUSSION:
On February 22, 2005 Council introduced the attachment, which amends the Town Conflict of
Interest code (Division 4 of Article III of Chapter 2) to allow future revisions of the appendices by
resolution.
Attachment: Ordinance
PREPARED BY: ORRY P. KORB, TOWN ATTORNEY OPK:LMB/wp [N:\ATY\ContlictRDAADOPT.TCR.wpd]
Reviewed by: Town Manager 6 Assistant Town Manager Clerk Administrator
Finance Community Development
Rev: 2/8/05 8:53 am
Reformatted: 7/19/99 File# 301-05
ORDINANCE
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING
TOWN CONFLICT OF INTEREST CODE (DIVISION 4 OF ARTICLE III
OF CHAPTER 2) TO ALLOW FUTURE REVISIONS OF THE
APPENDICES BY RESOLUTION
WHEREAS, the Political Reform Act (Government Code section 81000, et seq.) requires local
agencies to adopt and maintain a conflict of interest code for the purpose of designating positions that
are required to file a Statements of Economic Interests, disclosing financial interests they may have
within the affected jurisdiction;
WHEREAS, the Town of Los Gatos adopted a Conflict of Interest Code at Division 4 of Article
Il of Chapter 2 of the Los Gatos Town Code, incorporating by reference the standardized code adopted
by the State Fair Political Practices Commission at 2 California Code of Regulations section 18730,
including the appendices required therein;
WHEREAS, the Political Reform Act further requires local agencies to conduct a biennial
review and update their conflict of interest codes, including the appendices in which public officials and
employees are designated and disclosure categories are set forth;
WHEREAS the biennial update process would be better facilitated with the detailed appendices
set forth by resolution rather than by ordinance; and
WHEREAS, in order to ensure the continuation of the Town Conflict of Interest Code,
concurrent with the introduction of this Ordinance, the Town Council shall adopt a resolution with the
detailed appendices set forth therein.
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THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
Sections 2.30.610 and 2.30.615 of the Los Gatos Town Code are repealed in their entirety.
SECTION II
Section 2.30.610 is added to the Los Gatos Town Code to read as follows:
Section 2.30.610. Positions and disclosure categories designated by resolution.
The appendices referred to in 2 California Code of Regulations section 19730 and any
amendments to it duly adopted by the Fair Political Practices Commission, shall be
adopted and maintained by resolution duly adopted form time to time by the Town
Council.
SECTION II
Section 2.30.620 is renumbered to be 2.30.615 and section number 2.30.620 is reserved.
SECTION IV
If any of the provisions of this Ordinance or the application thereof to any person or property is
held invalid, such invalidity shall not affect the other provisions of this Ordinance, which can be given
effect without the invalid provision of application, and to this end the provisions of this Ordinance are
declared severable.
SECTION V
Any judicial review of this Ordinance shall be by writ of mandate under section 1085 of the Code
of Civil Procedure. Any action or proceedings seeking to attack, review, set aside, void or annul this
Ordinance shall. be commenced within 90 days after adoption of this Ordinance. F,
SECTION VI
This ordinance was introduced at a regular meeting of the Town Council of the Town of Los
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Gatos on , 2005 and adopted by the following vote as an ordinance of the Town of Los
Gatos at a regular meeting of the Town Council of the Town of Los Gatos on , 2005. This
ordinance takes effect 30 days after it is adopted.
COUNCII. MEMBERS
AYES :
NAYS:
ABSENT:
ABSTAIN:
SIGNED;
ATTEST:
TOWN CLERK
TOWN OF LOS GATOS
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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