101-Draft Resolution.pdfRESOLUTION NO. 10-
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
RESCINDING RESOLUTION NO. 08-125 AND ADOPTING A REVISED
CONFLICT OF INTEREST CODE OF THE CITY OF CUPERTINO
FOR OFFICIALS AND DESIGNATED EMPLOYEES
RESOLVED, by the City Council of the City of Cupertino as follows:
1. Amendment and Repeal
That the Code entitled, “Conflict of Interest Code of the City of Cupertino for
Officials and Designated Employees” is hereby amended, approved, and adopted as
set forth in Exhibit A, along with attached appendices A, B, and C incorporated
herein by reference in which members and employees are designated hereto and by
this reference made a part hereof. It is further resolved that Resolution 08-125 is
hereby rescinded.
2. Effective Date
The effective date of the amendments to this Code shall be thirty (30) days after
adoption of this resolution by the City Council.
3. Filing of Resolution
The City Clerk is hereby directed to file a copy of this resolution with her office and
to make it available to members of the general public.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 17th day of August, 2010, by the following vote.
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
______________________ _______________________________
City Clerk Mayor, City of Cupertino
Resolution No. 10- Page 2
EXHIBIT A
CONFLICT OF INTEREST CODE OF THE CITY OF CUPERTINO
FOR OFFICIALS AND DESIGNATED EMPLOYEES
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 Cal. Code of Regs. Section
18730, which contains the terms of a standard conflict of interest code. It can be
incorporated by reference and may be amended by the Fair Political Practices Commission
after public notice and hearings to conform to amendments to the Political Reform Act.
Therefore, the terms of 2 Cal. Code of Regs. Section 18730 and any amendments to it duly
adopted by the Fair Political Practices Commission are hereby incorporated by reference
and, along with attached Appendix in which members and employees are designated and
disclosure categories are set forth constitutes the conflict of interest code of the City of
Cupertino.
Officials and designated employees shall file statements of economic interests
(Form 700) with the City Clerk who will make the statements available for public
inspection and reproduction. (Gov. Code Section 81008).
Upon receipt of the statements (Form 700) of the City of Cupertino City Council,
City Manager, City Attorney, City Treasurer, and Planning Commissioners, the agency
shall make and retain a copy and forward the original of these statements to the Fair
Political Practices Commission. The City Clerk will retain original statements for all other
designated employees.
It has been determined that the positions listed below manage public investments
and will file a statement of economic interests (Form 700) pursuant to Government Code
Section 87200:
City Treasurer
Deputy City Treasurer
Resolution No. 10- Page 3
APPENDIX A
DESIGNATED POSITIONS AND
APPLICABLE REPORTABLE INTEREST CATEGORIES
The following positions shall report all applicable interests in these six categories:
CATEGORIES
• Investments - Stocks, Bonds and Other Interests (Ownership is Less Than 10%)
• Investments, Income and Assets of Business Entities and Trusts (Ownership is 10%
or Greater)
• Interests in Real Property (Including Rental Income)
• Income, Loans and Business Positions (Other than Gifts and Travel Payments)
• Income - Gifts
• Income – Gifts (Travel Payments, Advances, and Reimbursements)
DESIGNATED POSITIONS
Assistant City Attorney
Assistant Director of Public Works – Engineering
Assistant Director of Public Works - Maintenance
City Attorney
City Manager
Consultants**
Deputy City Attorney
Director of Administrative Services
Director of Community Development
Director of Parks and Recreation
Director of Public Works
Finance Director
Human Resources Director
Planning Commission members
Redevelopment Agency Members
** A Consultant is defined as an individual who contracts with or whose employer
contracts with state or local government agencies and who makes, participates in
making, or acts in a staff capacity for making governmental decisions.
FPPC Regulation 18701 defines “consultants” as including the following individuals
who make a governmental decision whether to:
• Approve a rate, rule, or Regulation
• Adopt or enforce a law
• Issue, deny, suspend, or revoke any permit, license, application, certificate, approval,
order, or similar authorization or entitlement
Resolution No. 10- Page 4
• Authorize the agency to enter into, modify, or renew a contract provided it is the type
of contract that requires agency approval
• Grant agency approval to a contract that requires agency approval and to which the
agency is a party, or to the specifications for such a contract
• Grant agency approval to a plan, design, report, study, or similar item
• Adopt, or grant agency approval of, policies, standards, or guidelines for the agency
or for any of its subdivisions
A consultant also is an individual who serves in a staff capacity with the agency and:
• Participates in making a governmental decision; or
• Performs the same or substantially all the same duties for the agency that would
otherwise be performed by an individual holding a position specified in the agency’s
conflict-of-interest code.
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.
Resolution No. 10- Page 5
APPENDIX B
DESIGNATED POSITIONS AND
APPLICABLE REPORTABLE INTEREST CATEGORIES
The following positions shall report all applicable interests in these three categories:
CATEGORIES
• Investments, Income and Assets of Business Entities and Trusts (Ownership is 10% or
Greater)
• Income, Loans and Business Positions (Income other than Gifts and Travel Payments)
• Income – Gifts (Travel Payments, Advances, and Reimbursements)
DESIGNATED POSITIONS
Employees:
Assistant Civil Engineer
Associate Civil Engineer
Assistant Planner
Associate Planner
Building Inspector
Building Inspector – Counter Specialist
Building Official
City Architect
City Clerk
City Planner
Code Enforcement Officer
Engineering Technician
Environmental Affairs Coordinator
Environmental Programs Manager
Information Technology Manager
Public and Environmental Affairs Director
Public Works Inspector
Public Works Projects Manager
Public Works Supervisor
Recreation Supervisor
Redevelopment/Economic Dev. Mgr.
Senior Building Inspector
Senior Code Enforcement Officer
Senior Civil Engineer
Senior Engineering Technician
Senior Planner
Senior Recreation Supervisor
Senior Traffic Technician
Traffic Engineer
Web Specialist
Resolution No. 10- Page 6
APPENDIX C
COMMISSIONS AND
APPLICABLE REPORTABLE INTEREST CATEGORIES
The following positions shall report all applicable interests in these two categories:
CATEGORIES
• Investments, Income and Assets of Business Entities and Trusts (Ownership is 10% or
Greater)
• Income, Loans and Business Positions (Income other than Gifts and Travel Payments)
COMMISSIONS
Audit Committee
Bicycle Pedestrian Commission
Community Development Block Grant
(CDBG) Steering Committee
Fine Arts Commission
Housing Commission
Library Commission
Parks and Recreation Commission
Public Safety Commission
Senior Citizens Commission
Technology, Information, and
Communications Commission