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Ethics TrainingDATE: TO: FROM: SUBJECT: MEETING DATE: 12/16/14 ITEM NO. ri COUNCIL AGENDA REPORT DECEMBER 8, 2014 MAYOR AND TOWN COUNCIL ROBERT SCHULTZ, TOWN ATTORNEVU4 ADOPTION OF A RESOLUTION DESIGNATING LOCAL AGENCY OFFICIALS AND ADVISORY BODIES THAT MUST COMPLY WITH ETHICS TRAINING REQUIRED UNDER ASSEMBLY BILL 1234 RECOMMENDATION: Adopt a Resolution designating local agency officials and certain advisory bodies that must comply with Ethics Training under AB 1234. ALTERNATIVES: Do not approve the resolution. This alternative is not recommended, as there is currently no legislation delineating any officials or advisory bodies to comply with the requirements of the ethics legislation. BACKGROUND: On October 7, 2005, the Governor signed Assembly Bill No. 1234, which became effective January 1, 2006, and is known as the Ethics Training Bill. AB 1234, Section 53235 (a) and (b) state that if a local agency provides any type of compensation, salary, or stipend to a member of a legislative body, or provides reimbursement for actual and necessary expenses incurred by a member of a legislative body in the performance of official duties, then all local agency officials shall receive at least two hours of training in general ethics principles and ethics law relevant to his or her public service within one year of taking office and repeat the training every two years. Government Code Section 54952 defines "legislative body, as: (a) The governing body of a local agency or any other local body created by state or federal statute. PREPARED BY: ROBERTSCHULTZ Town Attorney Reviewed by: Ao/ Fown Manager W Assistant Town Manager Finance NAMGR\AdminWorkFi1es\2014 Council Reports\Dec 16\12 -16 -14 AB 1234 staffreport 141110.doc Reformatted: 5/30/02 Revised: 12/10/14 2:19 PM PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: RESOLUTION COMPLYING WITH ETHICS TRAINING BLL 1234 DECEMBER 8, 2014 BACKGROUND (cont'd): (b) A commission, committee, board, or other body of a local agency, whether permanent or temporary, decision making or advisory, created by charter, ordinance, resolution, or formal action of a legislative body. However, advisory committees, composed solely of the members of the legislative body that are less than a quorum of the legislative body are not legislative bodies, except that standing committees of legislative body, irrespective of their composition, which have a continuing subject matter jurisdiction, or a meeting schedule fixed by charter, ordinance, resolution, or formal action of a legislative body are legislative bodies for purposes of this chapter." The Fair Political Practices Commission (FPPC) offers free online training. The training requires a participant to log onto the FPPC's website, review various screens of materials, take periodic tests to assure retention of the information, and print out a certificate. DISCUSSION: Since 2008, the Town Clerk Administrator has retained certificates of completion for those who have participated in AB 1234 training. Other than for Town Council, there has been no consistency as to which legislative bodies and local officials have participated in the training since there has never been a formal designation of those who are required to take the training. It is important for the Council to designate the legislative bodies and local officials that are required to obtain the ethical training in order for the Town Clerk Administrator to maintain proper documentation. With the passage of the attached resolution, the Town Clerk Adminstrator will maintain records establishing the local officials required to take the training, the date the individual satisfied the requirement, and the entity that provided the training. The Town Clerk Administrator will now be able to send notifications to new filers and renewal notifications to current filers. This log and the certificates will be maintained for at least five years after the local officials receive the training and shall be subject to disclosure under the California Public Records Act. The proposed Resolution (Attachment 1) will formalize the requirement and the advisory bodies that must comply with AB 1234. The Town Attorney and staff reviewed the potential for each advisory body to receive reimbursements and determined that the Planning Commission is the only advisory body that is eligible to receive reimbursement for expenses. Therefore, the Town Council, Planning Commission, and Executive Employees are included in the proposed Resolution. In addition, all persons required to file Conflict of Interest Statements, Form 700, will be encouraged to receive this training; however, no formal tracking will be required or maintained. Attachments: 1. Draft Resolution designating Local Agency Officials and Advisory Bodies that must comply with ethics training required under Assembly Bill 1234 RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS, DESIGNATING LOCAL AGENCY OFFICIALS FOR THE PURPOSES OF CALIFORNIA GOVERNMENT CODE SECTION 53234, LISTING THE OFFICIALS AND ADVISORY BODIES THAT MUST COMPLY WITH ETHICS TRAINING REQUIRED UNDER ASSEMBLY BILL 1234 WHEREAS, In California, state laws create a complex set of requirement laws that guide elected officials and agency staff in their service to their communities; and WHEREAS, Promoting understanding of and compliance with the laws governing public service ethics is necessary; and WHEREAS, Assembly Bill 1234 was passed by the State Assembly and State Senate in August of 2005, signed by the Governor in October 2005 and codified, in part, at Government Code Section 53234, et seq.; and WHEREAS, Government Code Section 53234 (c)(1) identifies certain positions that must comply with the required ethics training and defines a Local Agency Official as any member of a local agency "legislative body" or any elected official who receives any type of compensation, salary, or stipend or reimbursement for actual and necessary expenses incurred in the performance of official duties; and WHEREAS, Government Code Section 54952 (a) defines "legislative body" as the governing body of a local agency or any other local body created by state or federal statute and subsection (b) further defines "legislative body" as a commission, committee, board, or other body of a local agency, whether permanent or temporary, decision making or advisory, created by charter, ordinance, resolution or formal action of a legislative body. WHEREAS, Government Code Section 53234 (c)(2) requires any employee designated by a local agency legislative body to receive the training. NOW, THEREFORE BE IT RESOLVED that the Town Council of the Town of Los Gatos does hereby designate the Local Agency Officials and Advisory Bodies listed in Exhibit A as officials required to participate in ethics training pursuant to Government Code Section 53234. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California held on the 16th day of December, 2014, by the following vote: ATTACHMENT 1 COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA Resolution No. EXHIBIT A LOCAL AGENCY OFFICIALS DESIGNATED FOR AB 1234 TRAINING ELECTED OFFICIALS: Mayor Council Members APPOINTED OFFICIALS and EXECUTIVE TEAM: Town Manager Assistant Town Manager Assistant to the Town Manager Town Attorney Deputy Town Attorney Town Clerk Administrator Community Development Director Chief of Police Director of Finance Human Resources Director Parks & Public Works Director Library Director ADVISORY BODIES: Planning Commission EXHIBIT A THIS PAGE INTENTIONALLY LEFT BLANK