2005-104 - Adopting A Code Of Conduct For The Collection Franchise Procurement ProcessRESOLUTION 2005 -104
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
ADOPTING A CODE OF CONDUCT
FOR THE COLLECTION FRANCHISE PROCUREMENT PROCESS
WHEREAS, the Town is a member of the West Valley Solid Waste
Management Authority ( "Authority "), a joint powers authority between the Town of
Los Gatos and the Cities of Campbell, Monte Sereno, and Saratoga ( "Member
Agencies "); and
WHEREAS, the members of the Town Council are obligated to comply with
the Political Reform Act of 1974 ( "PRA ") to control conflicts of interests through,
among other things, disclosure of financial interests; and
WHEREAS, the Authority is in the process of requesting and receiving
proposals for the collection and disposal of solid waste within the jurisdiction of the
Authority ( "Procurement Process "); and
WHEREAS, the Board of Directors of the Authority desires to maintain a
professional process free from any undue influence and the appearance of impropriety
by complying with the PRA and adopting additional regulations regarding the
Procurement Process.
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DOES HEREBY RESOLVE that the following Code of Conduct for the Collection Franchise
Procurement Process is adopted:
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Code of Conduct for the Collection Franchise Procurement Process
A. POTENTIAL CONFLICT OF INTEREST. Each Board Member shall inform the
Executive Director of the Authority and each elected official of the Member Agencies ( "Elected
Official ") shall inform the staff of his or her Member Agency of any potential conflicts of interest
regarding potential proposers for solid waste services for the Authority ( "Potential Proposers ").
Information regarding potential conflicts existing between January 1, 2005, and October 1, 2005,
shall be disclosed no later than October 15, 2005. Information regarding potential conflicts arising
after October 1, 2005 shall be provided within 10 days of the Board Member or Elected Official
learning of the potential conflict.
B. CONTRIBUTIONS. No Board Member or Elected Official shall accept any
contributions by Potential Proposers from October 1, 2005, until January 1, 2007. Any
contributions received between September 1 and October 1, 2005 shall be returned. Each Board
Member and Elected Official shall disclose all past contributions from Potential Proposers to the
Executive Director of the Authority.
C. PROHIBITED CONTACTS. No Board Member or Elected Official shall have non-
public meetings or conversations with Potential Proposers from October 1, 2005, until January 1,
2007, regarding the Procurement Process or any matters involving the Potential Proposers.
However, this section shall not prohibit Board Members and Elected Officials from meeting with
Potential Proposers for purely social reasons. All Board Members and Elected Officials shall refer
any questions regarding the Procurement Process to the Executive Director of the Authority. Board
Members and Elected Officials shall disclose to the Executive Director of the Authority any non-
public meetings or conversations with Potential Proposers regarding the Procurement Process which
occurred from January 1, 2005, until August 31, 2005. A "non- public" meeting is any meeting that
has not been called and held in accordance with the Brown Act.
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PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos, California, held on the 3r day of October, 2005 by the following
vote:
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Barbara Spector,
Mayor Mike Wasserman.
NAYS: None
ABSENT: None /
ABSTAIN: None ��—
SIGNED.
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CL RK MINISTRATOR
OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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