Loading...
10. Conflict of Interest Code J~I . .\ ~ /~ -:::J City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3223 FAX: (408) 777-3366 www.cupertino.org I F CUPEIUINO OFFICE OF THE CITY CLERK SUMMARY Agenda Item No. ~ Meeting Date: July 18, 2006 SUBJECT AND ISSUE Rescind Resolution No. 04-376 and adopt the amended Conflict oflnterest Code of the City of Cupertino for officials and designated employees, Resolution 06-J3D . BACKGROUND The Political Reform Act requires every local government agency to review its conflict of interest code biennially to determine if it is accurate or if it must be amended. Notice is required no later than October of even-numbered years, An amendment is required this year to add the positions of Director of Administrative Services, Building Inspector - Counter Specialist, Permit Technician, Plan Check Engineer, and Redevelopment/Economic Development Manager, and to amend the titles of designated positions and commissions as follows: . Finance Director - Deputy City Treasurer to Finance Director . Cupertino Telecommunications Commission to Technology, Information, and Communications Commission . Cupertino Housing Committee to Cupertino Housing Commission RECOMMENDATION: A. Rescind Resolution No. 04-376 and adopt the amended Conflict ofInterest Code of the City of Cupertino for officials and designated employees, Resolution 06- 13D. B. Direct the City Manager to sign the required 2006 Local Agency Biennial Notice. Submitted by: Approved for submission: ~~ Kimberly Smith City Clerk ~ David W. Knapp City Manager Printed on Recycled Paper 10 -I DRAFT RESOLUTION NO. 06-130 A RESOLUTION OF THE CUPERTINO CITY COUNCIL RESCINDING RESOLUTION NO. 04-376 AND ADOPTING THE 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 Re~ 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 and B, 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 It is further resolved that Resolution 04-376 is hereby rescinded. 2.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 ofthe City Council of the City of Cupertino this 18th day of July 2006, by the following vote. Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Vice-Mayor, City of Cupertino 10-2 Resolution No, 06-130 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, Designated employees shall file statements of economic interests (Form 700) with the City Clerk who will make the statement available for public inspection and reproduction. (Gov. Code Section 81008), Upon receipt of the statements of the City of Cupertino City Council and City Manager (Form 700), 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 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 f 0 - J Resolution No, 06-130 Page 3 APPENDIX A DESIGNATED POSITIONS AND APPLICABLE REPORTABLE INTEREST CATEGORIES The following positions shall report all applicable interests in categories A-I through F: DESIGNATED POSITIONS Commissions Technology, Information and Communications Commission Redevelopment Agency Emplovees Assistant City Attorney Assistant Director of Public Works - Engineering Assistant Director of Public Works - Maintenance Director of Administrative Services Director of Community Development Director of Parks and Recreation Director of Public Works Finance Director Human Resources Director Consultants * * ** 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. (0 -y Resolution No. 06-130 Page 4 APPENDIX B DESIGNATED POSITIONS AND APPLICABLE REPORTABLE INTEREST CATEGORIES The following positions shall report all applicable interests in categories A-2 through F: DESIGNATED POSITIONS Commissions Cupertino Housing Commission Fine Arts Commission Parks and Recreation Commission Employees Assistant Civil Engineer Assistant Planner Associate Planner Building Inspector Building Inspector - Counter Specialist Building Official Case Manager City Architect City Clerk City Planner Code Enforcement Officer Deputy City Clerk Engineering Technician Environmental Programs Manager Information Technology Manager Media Coordinator Permit Technician Plan Check Engineer Public Information Officer Public Works Inspector Public Works Projects Manager Public Works Supervisor Recreation Supervisor Redevelopment/Economic Development Manager Senior Building Inspector Senior Civil Engineer Senior Engineering Technician Senior Planner Senior Traffic Technician Service Center Manager Traffic Engineer Web Specialist -- '0 - )