Conflict of Interest Code UpdateMEETING DATE: 9/17/2012
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�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.
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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
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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
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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
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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.
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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 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