Staff Report Conflict of Interest UpdatePREPARED BY: SHELLEY NEIS
Clerk Administrator
Reviewed by: Assistant Town Manager Town Attorney Finance
S:\COUNCIL REPORTS\2016\09-20-16\10 Conflict of Interest\Conflict of Interest Update Staff Report.FNAL.docx
MEETING DATE: 09/20/16
ITEM NO: 10
COUNCIL AGENDA REPORT
DATE: AUGUST 29, 2016
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: REVIEW OF THE TOWN’S CONFLICT OF INTEREST CODE
RECOMMENDATION:
Adopt a resolution amending the appendices to the Town 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.
COORDINATION:
The preparation of this report was done in coordination with the Town Attorney’s office and applicable
Town Departments.
ENVIRONMENTAL ASSESSMENT:
This item is not a project defined under CEQA, and no further action is required.
Attachment:
1. Draft Resolution
ATTACHMENT 1
RESOLUTION 2016-
RESOLUTION OF THE TOWN COUNCIL
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 has 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 have 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/Redevelopment Agency adopted an ordinance intended 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 designation of positions and disclosure categories.
C. The California State Legislature adopted ABx1 26 in June, 2011 which requires
the Town as the Successor Agency for the former Redevelopment Agency to establish an
Oversight Board. Pursuant to ABx1 26 and a determination by Fair Political Practice
Commission (FPPC), the Oversight Board is required to adopt a Conflict of Interest Code. On
April 3, 2012, at its first meeting, the Oversight Board adopted a Resolution adopting the Town
of Los Gatos Conflict of Interest Code and any amendments thereto as the Conflict of Interest
Code for the Oversight Board
2 of 7
Resolution 2016- September 20, 2016
D. 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 to include both the Successor Agency of the Redevelopment Agency of the
Town of Los Gatos and the Oversight Board to the Successor Agency of the Redevelopment
Agency of the Town of Los Gatos.
RESOLVED:
1. The following shall constitute the 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/Redevelopment
Agency 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 DISCLOSURE CATEGORY
ADMINISTRATION
Town Council 1 through 13
Town Manager 1 through 13
Assistant Town Manager 1 through 13
Deputy Town Manager 1 through 13
Administrative Analyst 1 through 13
Clerk Administrator 1 through 13
Deputy Clerk 1 through 13
Finance Director and Budget Manager 1 through 13
Budget Manager 1 through 13
Human Resources Director 1 through 13
Management Information Systems Manager 1 through 13
Economic Vitality Manager 1 through 13
Community Outreach Coordinator 1 through 13
COMMUNITY DEVELOPMENT
Community Development Director 1 through 13
Planning Manager 1 through 13
Administrative Analyst 1 through 13
3 of 7
Resolution 2016- September 20, 2016
Senior Planner 1 through 13
Associate Planner 1 through 13
Assistant Planner 1 through 13
Planning Technician 1 through 13
Counter Technicians 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
Traffic Engineer 1 through 13
Senior Engineering Public Works Inspector 1 through 13
Engineering Public Works Inspector 1 through 13
Senior Engineering Technician 1 through 13
Faciities & Environmental Programs Manager 1 through 13
Project Coordinator 1 through 13
POLICE DEPARTMENT
Police Chief 1 through 13
Police Captain 1 through 13
Police Lieutenant 1 through 13
Records and Evidence Manager 1 through 13
Police Administration Services Manager 1 through 13
TOWN ATTORNEY
Town Attorney 1 through 13
Deputy Town Attorney 1 through 13
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
Executive Director 1 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
4 of 7
Resolution 2016- September 20, 2016
OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY
Oversight Board 1 through 13
DESIGNATED POSITIONS DISCLOSURE CATEGORY
COMMISSIONERS, COMMITTEE AND BOARD MEMBERS
Architectural Standards Committee 1 through 13
Arts and Culture Commission 1 through 13
Bicycle and Pedestrian Advisory 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 Attorney in writing
In addition, the Town Manager Attorney 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 Attorney’s determination is a public
record and shall be available for inspection.
2.. The following list shall constitute 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
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 I: 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
Categor y 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
3. 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.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 20th day of September, 2016, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: ___________________
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________