CC 11-19-2024 Item No. 7 Resolution amending Conflict of Interest Code_Written CommunicationsCC 11-19-2024
Item No. 7
Resolution amending
the Conflict of Interest
Code
Written Communications
From:Kitty Moore
To:City Clerk; Pamela Wu; Kirsten Squarcia; Lauren Sapudar
Subject:Please Remove Item 7 from Consent and Include Written Communications
Date:Tuesday, November 19, 2024 11:35:32 AM
Attachments:Conflict of Interest Levels Pages from B - Draft Resolution and Conflict of Interest Code (redline).pdf
Resolution Sunnyvale.pdf
Dear City Clerk and City Manager,
Please pull Item 7 from Consent.
Thank you for reducing the categories. Please see the attached pages from the redline along
with Sunnyvale’s categories and include both with this email.
One way to simplify the Admin. portion of the table and be consistent with our neighboring city
Sunnyvale, and remedy the discrepancies within the commissions compared to one another
and staff would be to put them all at 1. Sustainability, for instance may not have been
considered in a deliberative discussion in the past relative to a paid employee handling public
funds as needing extra scrutiny. In the interest of time, and for consistency relative to our
neighbors along with being transparent for the public, making them all category 1 can provide
that solution as opposed to discussing each position individually, line by line, and then doing
check back comparisons for logic and necessity.
Thank you,
Kitty Moore
Kitty Moore
Councilmember
City Council
KMoore@cupertino.gov
(408) 777-1389
APPENDIX A
DESIGNATED POSITIONS AND
APPLICABLE REPORTABLE INTEREST CATEGORIES
Title Assigned Disclosure Category
ADMINISTRATIVE SERVICES, FINANCE & HUMAN RESOURCES
Director of Administrative Services
(Treasurer)
1 (Gov. Code § 87200 filer)
Finance Manager (Deputy City
Treasurer)
1 (Gov. Code § 87200 filer)
Human Resources Manager 2
Budget Manager 2
Purchasing Manager 2
Senior Management Analyst 53
Human Resources Analyst I/II 53
Accountant I/II 53
Senior Accountant 53
Account Clerk I/II 53
Accounting Technician 53
APPOINTED OR ELECTED OFFICIALS & COMMISSIONS
City Council 1 (Gov. Code § 87200 filers)
Audit Committee 2
Bicycle Pedestrian Commission 41
Arts and Culture Commission 41
Housing Commission 1
Library Commission 41
Parks and Recreation Commission 41
Planning Commission 1 (Gov. Code § 87200 filers)
Public Safety Commission 41
Sustainability Commission 41
Technology, Information, &
Communications Commission
3
CITY ATTORNEY’S OFFICE
City Attorney 1 (Gov. Code § 87200 filer)
Appendix B
DISCLOSURE CATEGORIES AND DEFINITIONS
1. FULL DISCLOSURECategory 1
What to report? All investments, positions in business entities, sources of
income (including gifts, loans, and travel payments), and interests in real
property.
What Form 700 schedules? All Schedules (A through E)
2. ALL INCOMECategory 2
What to report? All investments, positions in business entities, and sources of
income (including gifts, loans, and travel payments).
What Form 700 schedules? A, C, D, E
3. CITY‐RELATED INCOMECategory 3
What to report? All investments, positions in business entities, and sources of
income (including gifts, loans, and travel payments) from sources of the type
that provide services, supplies, materials, machinery or equipment to the
Cityif the source provides goods or services of the type utilized by or subject
to the review or approval of the City.
What Form 700 schedules? A, C, D, E
4. CITY‐RELATED INCOME, REAL PROPERTY
What to report? All investments, positions in business entities, and sources of
income (including gifts, loans, and travel payments) if the source provides
goods or services, of the type utilized by or subject to the review or approval
of the City and all interests in real property.
What Form 700 schedules? All Schedules (A through E)
5. DEPARTMENT‐RELATED INCOME
What to report? All investments, positions, in business entities, and sources of
income (including gifts, loans, and travel payments) if the source provides
goods or services of the type utilized by or subject to the review or approval of
the department in which that person is employed.
What Form 700 schedules? A, C, D, E
6. DEPARTMENT‐RELATED INCOME & REAL PROPERTY
What to report? All investments, positions in business entities, and sources of
income (including gifts, loans, and travel payments) if the source provides
DRAFT 9/9/2020 RLM
T-OCC-160250/49368 1
Council Agenda:
Item No.:
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SUNNYVALE AMENDING THE CONFLICT OF
INTEREST CODE FOR DESIGNATED CITY OFFICERS
AND EMPLOYEES (RESOLUTION NO. 905-18) AS
REQUIRED BY THE POLITICAL REFORM ACT AND
REGULATIONS OF THE FAIR POLITICAL PRACTICES
COMMISSION
WHEREAS, the Political Reform Act requires certain City officials specified in section
87200 of the California Government Code, to file economic disclosure forms (“Form 700”) and
abstain from making or participating in governmental decisions which have a reasonably
foreseeable material effect on an economic interest; and
WHEREAS, the Political Reform Act requires the City to adopt a local conflict of
interest code that enumerates specific City positions other than those specified in Government
Code section 87200 which involve making or participating in making decisions which have a
reasonably foreseeable material effect on an economic interest, and to designate for each position
the types of investments, business positions, interests in real property and sources of income
which are reportable based on the scope of the decision-making authority of the position; and
WHEREAS, on November 13, 2018, the City Council adopted a Conflict of Interest Code
in compliance with the provisions of the Political Reform Act, Government Code Sections
81000,et seq., through the adoption of Resolution No. 905-18; and
WHEREAS, the City Council has reviewed and considered administratively suggested
changes to the listing of designated positions of City officials and employees, along with
assigned disclosure categories, in the Conflict of Interest Code.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SUNNYVALE THAT:
1.Adoption of Conflict of Interest Code. The City of Sunnyvale Conflict of Interest
Code, attached hereto as Appendix A and incorporated herein by this reference, is hereby
adopted and includes the following:
(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) that contains the terms of a
standard conflict of interest code, which can be incorporated by reference in an
agency’s code. After public notice and hearing, the standard code may be
amended by the Fair Political Practices Commission to conform to amendments in
Attachment 1
Page 1 of 8
T-OCC-160250/49368 2
Council Agenda:
Item No.:
the Political Reform Act. Therefore, the terms of 2 California Code of
Regulations Section 18730 and any amendments to it duly adopted by the Fair
Political Practices Commission are hereby incorporated by reference. This
regulation and the attached Appendix, designating positions and establishing
disclosure categories, shall constitute the conflict of interest code of the City of
Sunnyvale, the Successor Agency to the Former Sunnyvale Redevelopment
Agency, and the Oversight Board for the Successor Agency to the Former
Redevelopment Agency.
Public officials and employees shall file Statements of Economic Interests (FPPC
Form 700) with the City Clerk, who is designated as the Filing Officer. The City
Clerk shall administer this Conflict of Interest Code at the local level and shall
notify each public official and employee of his or her filing obligation. Public
officials and employees are required to file an Assuming Office Statement when
they assume a designated position, an Annual Statement each year and a Leaving
Office Statement within thirty days of resignation or termination. Once filed the
FPPC Form 700 is a public record and the City Clerk shall make all statements
available for public inspection and reproduction, pursuant to Government Code
Section 81008.Individuals holding designated positions shall file their statements
of economic interests with the City, which will make the statements available for
public inspection and reproduction (Gov. Code Sec. 81008). All statements will
be retained by the City.
(b)As the code reviewing body for the Successor Agency to the Former
Redevelopment Agency of the City of Sunnyvale and the Sunnyvale Finance
Authority, the City Council has determined that the Successor Agency and
Finance Authority (i) are not new agencies for the purposes of the Political
Reform Act; (ii) do not require the adoption of separate conflict of interest codes;
and (iii) will be covered by the City’s Conflict of Interest Code as amended
hereto.
(c)Filing statements. Designated officials and employees shall file Statements of
Economic Interests in compliance with the provisions of California Code of
Regulations Section 18730(b)(5).
Attachment 1
Page 2 of 8
T-OCC-160250/49368 3
Council Agenda:
Item No.:
Adopted by the City Council at a regular meeting held on ___________, by the following
vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
RECUSAL:
ATTEST:APPROVED:
__________________________________ _________________________________
City Clerk Mayor
(SEAL)
APPROVED AS TO FORM:
___________________________________
City Attorney
Attachment 1
Page 3 of 8
1
CITY OF SUNNYVALE – CONFLICT OF INTEREST CODE
DESIGNATED CITY POSITIONS REQUIRED TO FILE
Position Disclosure Category
Accountant 1
Administrative Analyst 1
Administrative Librarian 1
Administrative Services Manager 1
Affordable Housing Manager 1
Applications Analyst/Project Coordinator I/II 1
Applications Development Manager 1
Assistant City Attorney 1
Assistant City Engineer 1
Assistant City Manager 1
Assistant Director of Community Development 1
Assistant Director of Finance 1
Assistant Director of Public Works/City Engineer 1
Assistant to the Director of Parks and Recreation 1
Assistant Planner 1
Associate Planner 1
Budget Analyst I/II 1
Building Inspector I/II 1
Buyer I/II 1
Chief Building Official 1
Chief Information Officer 1
City Clerk 1
City Property Administrator 1
Civil Engineer 1
Civilian Assistant Fire Marshal 1
Civilian Fire Marshal 1
Communications Officer 1
Community Resources Manager 1
Community Services Manager 1
Deputy City Attorney 1
Deputy Chief Public Safety 1
Deputy City Clerk 1
Deputy City Manager 1
Director of Community Development 1
Director of Environmental Services 1
Director of Employment Development 1
Director of Human Resources 1
Director of Library and Community Recreation Services 1
Director of NOVA Workforce Services 1
Director of Public Safety 1
Director of Public Works 1
Economic Development Manager 1
Employment Training Manager 1
Environmental Compliance Inspector 3
EXHIBIT A Attachment 1
Page 4 of 8
2
Environmental Engineering Coordinator 2
Environmental Programs Manager 1
Finance Manager 1
Fire Protection Engineer 3
Fire Protection Inspector 3
Fleet Manager 2
Golf Operations Manager 2
Hazardous Materials Coordinator 3
Hazardous Materials Inspector 3
Housing Programs Analyst 1
Housing Officer 1
Housing Programs Technician 1
Human Resources Analyst 1
Human Resources Manager 1
Information Technology Coordinator 1
Information Technology Services Manager 1
Laboratory/Pretreatment Manager 1
Library Circulation Manager 1
Management Analyst 1
Manager of Business Operations Manager 2
Manager of Job Seeker Services Manager 1
Neighborhood Preservation Manager 1
Operations Manager: Facilities 3
Parks Manager 2
Payroll Supervisor 1
Permit Technician 1
Permit Center Coordinator 1
Permit Center Manager 1
Plan Check Engineer 1
Plan Checker I/II 1
Planning Officer 1
Principal Accountant 1
Principal Buyer 1
Principal Human Resources Analyst 1
Principal Network & Systems Engineer 1
Principal Planner 1
Principal ProgrammerApplications Analyst/Project Manager 1
Principal Storekeeper 1
Principal Transportation Engineer/Planner 1
Programmer Analyst 1
Public Safety Captain 1
Public Safety Communications Manager 1
Public Safety Deputy Chief 1
Public Safety Records Manager 1
Public Works Construction Inspector 3
Public Works Supervisor 2
Purchasing Officer 1
Recreation Manager 1
Regulatory Programs Division Manager 1
Attachment 1
Page 5 of 8
3
Risk Manager 1
Senior Accountant 1
Senior Assistant City Attorney 1
Senior Applications Analyst/Project Coordinator 1
Senior Building Inspector 1
Senior Buyer 1
Senior Construction Inspector/Coordinator 1
Senior Engineer 1
Senior Environmental Compliance Inspector 1
Senior Environmental Engineer 1
Senior Hazardous Materials Inspector 1
Senior Housing Rehabilitation Specialist 1
Senior Human Resources Analyst 1
Senior Environmental Compliance Inspector 1
Senior Environmental Engineer 1
Senior Construction Inspector/Coordinator 1
Senior Management Analyst 1
Senior Plan Check Engineer 1
Senior Planner 1
Senior Traffic Engineer 1
Senior Transportation Engineer 1
Senior Transportation Planner 2
Street Operations Manager 1
Solid Waste Contract Administrator 2
Solid Waste Programs Division Manager 1
Storekeeper/Buyer 1
Storekeeper I/II 1
Superintendent of Facilities Maintenance 1
Superintendent of Libraries 1
Superintendent of Parks and Golf 1
Superintendent of Community Services 1
Superintendent of Public Works Operations 1
Superintendent of Recreation Services 1
Supervising Librarian 1
Transportation and Traffic Manager 1
Urban Landscape Manager 1
Utility Billing Manager 1
Wastewater Operations Manager 1
Water and Sewer Systems Division Manager 1
Water Operations Manager 1
Laboratory/Pretreatment Manager 1
Water Pollution Control Maintenance Manager 1
Water Pollution Control Operations Manager 1
Water Pollution Control Plant Division Manager 1
Youth and Family Resources Manager 1
Newly created positions between conflict code amendments As applicable*
Consultants As applicable**
Retired Annuitants As applicable***
Attachment 1
Page 6 of 8
4
Casual Employees performing work similar to a designated position As applicable***
Designated appointees:
Member, Board of Building Code Appeals 1
Member, Heritage Preservation Commission 1
Member, Housing and Human Services Commission 1
Member, Executive Director, Successor Agency Attorney, Secretary and
Treasurer to Successor Agency to the Former Sunnyvale Redevelopment
Successor Agency
1
Member, Executive Director, Authority Attorney, Secretary and Treasurer
to Sunnyvale Financing Authority
1
State Required Filers:
The following positions are NOT covered by the code because they must file under
Government Code Section 87200 and are listed for informational purposes only:
Councilmembers 1
City Attorney 1
City Manager 1
Director of Finance 1
Member, Planning Commission 1
An individual holding one of the above listed positions (State Required Filers) may contact the Fair Political
Practices Commission for assistance or written advice regarding their filing obligations if they believe that their
position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination
whether a position is covered by section 87200.
Attachment 1
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5
CITY’S CONFLICT OF INTEREST CODE
DISCLOSURE CATEGORIES
Category 1
A designated employee in this category must report all investments, interests in real property
owned in the City of Sunnyvale, sources of income including gifts, loans and travel payments,
and business entities in which he or she is a director, officer, partner, trustee, employee or holds
any position of management.
Category 2
A designated employee in this category must report sources of income including gifts, loans and
travel payments, and business entities in which he or she has an investment or is a director,
officer, partner, trustee, employee or holds any position of management, if the business entity or
source of income is of the type which has done business with the City of Sunnyvale within the
previous two years.
Category 3
A designated employee in this category must report sources of income including gifts, loans and
travel payments, and business entities in which he or she has an investment or is a director,
officer, partner, trustee, employee or holds any position of management, if the business entity or
source of income is of the type which within the previous two years has provided services,
equipment, lease space, materials or supplies to the City.
*City Clerk to work with appropriate department and City Attorney to determine appropriate
disclosure category for any newly created position.
**Consultants and/or Casual employees are included in the list of designated positions and shall
disclose pursuant to Category 1, subject to the following limitation:
The City Manager may determine in writing that a particular consultant, although a "designated
position," is hired to perform a range of duties that is limited in scope and thus is not required to
fully comply with the disclosure requirements in this section. 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 City Manager's determination is a public record and shall
be retained for public inspection in the same manner and location as this Conflict of Interest Code.
(Gov. Code Section 81008.)
***Retired annuitants may be included in the list of designated employees when the City
Manager, or his or her designee, determines that they are performing work that is the functional
equivalent of a designated position. If such a determination is made, then disclosure shall be
pursuant to the disclosure category requir4eed by this Code for the comparable designated staff
position.
Attachment 1
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