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Conflict of Interest Code UpdateMEETING DATE: 9/17/2012 we a ITEM NO: u �os•�ptos COUNCIL /SUCCESSOR AGENCY AGENDA REPORT DATE: September 6, 2012 TO: MAYOR AND TOWN COUNCIL /CHAIR AND MEMBERS OF THE SUCCESSOR AGENCY -�f�- FROM: GREG LARSON, TOWN MANAGER/EXECUTIVE DIRECTOR SUBJECT: BIENNIAL REVIEW OF THE TOWN /SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY'S CONFLICT OF INTEREST CODE RECOMMENDATION: Adopt a resolution amending the appendices to the Town/Successor Agency of the Redevelopment Agency Conflict of Interest Code (Code of the Town of Los Gatos, Chapter 2, Article III, Division 4) BACKGROUND: The Political Reform Act (Government Code Section 81000 et. seq.) requires local agencies to adopt and maintain a conflict of interest code. The Town of Los Gatos /Successor Agency adopted the Conflict of Interest Code as part of the Town Code set forth in Chapter 2, Article III, Division 4. The Political Reform Act further requires that in even - numbered years, local agencies conduct a biennial review and update of their conflict of interest codes to address new positions and /or new position titles, which must be listed in the local code. Revisions to the Conflict of Interest Code may be made by Resolution, pursuant to Ordinance 2139, adopted by the Town Council on February 8, 2005. RECOMMENDATION: Adopt the attached resolution to amend the appendices of the Town of Los Gatos Conflict of Interest Code. ENVIRONMENTAL ASSESSMENT: The biennial review of the Town's Conflict of Interest Code is not subject to CEQA. Attachment: Proposed resolution PREPARED BY: MAZARIN A. VAKHARIA, DEPUTY TOWN ATTORNEY /CLERK ADMINISTRATOR Reviewed by: t Assistant Town Manager /Deputy Director Town Attorney /General Counsel Finance THIS PAGE INTENTIONALLY LEFT BLANK RESOLUTION 2012- RESOLUTIONOFTHE TOWN COUNCIUSUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY 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 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 has 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 adopted Ordinance 2139 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 designated positions and disclosure categories. C. 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. 1 D. Individuals holding designated positions shall file their statements of economic interest with the Town Clerk Administrator, who will make the statements available for public inspection and reproduction, pursuant to Government Code section 81008. RESOLVED: 1. The following constitutes 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 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 Deputy Town Manager Administrative Analyst Clerk Administrator Deputy Clerk Finance Director Budget Manager Human Resources Director Management Information Systems Manager Economic Vitality Manager COMMUNITY DEVELOPMENT Community Development Director Planning Manager Administrative Analyst Senior Planner Associate Planner Planning Technician 2 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 Code Compliance Officer 1 through 13 Senior Building Inspector 1 through 13 Building Official 1 through 13 Building Inspector 1 through 13 LIBRARY Library Director 1 through 13 Library Manager 1 through 13 PARKS AND PUBLIC WORKS Director of Parks and Public Works 1 through 13 Superintendent 1 through 13 Administrative Analyst 1 through 13 Town Engineer 1 through 13 Associate Civil Engineer 1 through 13 Senior Engineering Inspector 1 through 13 Engineering Inspector 1 through 13 Senior Engineering Technician 1 through 13 POLICE DEPARTMENT Police Chief 1 through 13 Police Captain 1 through 13 Police Administration Services Manager 1 through 13 TOWNATTORNEY Town Attorney 1 through 13 Deputy Town Attorney 1 through 13 Im Executive Director I through 13 Deputy Director 1 through 13 Secretary 1 through 13 Finance Director 1 through 13 Treasurer 1 through 13 General Counsel 1 through 13 OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY Oversight Board 1 through 13 3 DESIGNATED POSITIONS DISCLOSURE CATEGORY COMMISSIONERS, COMMITTEE AND BOARD MEMBERS Architectural Standards Committee 1 through 13 Arts and Culture 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 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 Manager in writing In addition, the Town Manager 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 Manager's determination is a public record and shall be available for inspection. 2. The following list constitutes 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 rd 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 1: 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 4. 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. 5 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California held on the 17th day of September, 2012, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR/CHAIR LOS GATOS, CALIFORNIA ATTEST: MAZARIN VAKHARIA, CLERK ADMINISTRATOR /SECRETARY LOS GATOS, CALIFORNIA