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
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