CC Resolution No. 14-168 Rescinding resolution No. 12-076 and adoptinga revised conflict of interest code for officials and desginated employees RESOLUTION NO. 14-168
A RESOLUTION OF THE CUPE.RTINO CITY COUNCIL
RESCINDING RESOLUTION NO. 12-076 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resolved that Resolution 12-076 is hereby rescinded.
2. 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 metn.bers of the general public.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 1st day of July, 2014, by the following vote.
Vote Members of the City Council
AYES: Wong, Sinks, Chang, Mahoney, Santoro
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
Grace Schmidt, City Clerk Gilbert Wong, Mayor
City of Cupertino
Resolution No. 14-168
Page 2
EXHIBIT A
CONFLICT OF INTEREST CODE 01-1 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 contaiin.s 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. 14-168
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APPEND I:X A
DESIGNATED POSJTIONS AND
APPLICABLE REPORTABLE INTEREST CATEGORIES
The following positions shall report all applicable interests in these six categories:
CATEGORIES
• Investments - Stocks, Bonds and OtI.ier 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
Assistant City Manager - Community Development and Strategic Planning
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
Finance Manager
Human Resources Director
Human Resources Manager
A Consultant is defined as an individual who contracts with or whose
employer contracts with state or local government agencies and who makes,
Resolution No. 14-168
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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
• 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 substantiall— 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. 14-168
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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 Position, (Income other than Gifts and Travel
Payments)
• Income—Gifts (Travel Payments, Advances, and Reimbursements)
DESIGNATED POSITIONS
Employees:
Assistant Engineer
Assistant Planner
Associate Civil Engineer
Associate Planner
Building Inspector
Building Official
Capital Improvement Program Manager
City Clerk
City Planner
Code Enforcement Officer
Engineering Technician
Environmental Programs Manager
Information Technology Manager
Management Analyst
Park Restoration and Improvement Manager
Permit Technician
Plan Check Engineer
Public Affairs Director
Public Works Inspector
Public Works Projects Manager
Service Center Superintendent
Resolution No. 14-168
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Public Works Supervisor
Recreation Supervisor
Economic Development Manager
Senior Building Inspector
Senior Civil Engineer
Senior Code Enforcement Officer
Senior Engineering Technician
Senior Management Analyst
Senior Planner
Senior Recreation Supervisor
Sustainability Manager
Web Specialist
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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
Fine Arts Commission
Housing Commission
Library Commission
Parks and Recreation Commission
Public Safety Commission
Technology, Information, and
Communications Commission
2014 Local Agency Biennial Notice
Name of Agency: City of Cupertino _
Mailing Address: 10300 Torre Avenue, CLipertino, CA 95014
Contact Person: City Clerk Grace Schmidt Phone No: (408) 777-3223
E-Mail: graces @cupertino.org
Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help
ensure public trust in government. The biennial review examines current programs to ensure that
the agency's code includes disclosure by those agency officials who make or participate in making
governmental decisions.
This agency has reviewed its conflict of interest code and has determined that(check one box):
0 An amendment is required. The following amendments are necessary:
(Mark all that apply.)
• Include new positions(including consultants) that must be designated
o Revise disclosure categories
• Revise the titles of existing positions
• Delete positions that no longer make or participate in making governmental decisions
o Other (describe) _
❑ The code is currently under review by the code reviewing body.
❑ No amendment is required. (If your code is more than five years old, amendments may be necessary.)
Verification
This agency's conflict of interest code accurately designates all positions that make or participate in the making of
governmental decisions. The disclosure categories assigned to those positions accurately require the disclosure of
all investments, business positions, interests in real property, and sources of income that may foreseeably be affected
materially by thell�cisions made by those holding designated positions. The code includes all other provisions
required by Glover me C de Section 7302.
Signature of Chief Executive Officer Date
Complete and return this notice regardless of how recently your code was approved or amended. Please return this
notice no later than October 1, 2014, or by the date specified by your agency, if earlier, to:
(PLACE RETURN ADDRESS OF THE CODE REVIEWING BODY HERE)
PLEASE DO NOT RETURN THIS FORM TO THE FPPC
California Fair Political Practices Commission www.fppc.(,a.gov 866-275-3772 advice @fppc.ca.gov 6/14