CC Resolution No. 18-092 Rescinding Resolution 16-090 and Amending the Conflict of Interest Code and Requiring Electronic Filing of Statements of Economic InterestRESOLUTION NO. 18-092 ·
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
RESCINDING RESOLUTION NO . 16-090 AND AMENDING THE
CITY OF CUPERTINO CONFLICT OF INTEREST CODE
FOR OFFICIALS AND DESIGNATED EMPLOYEES AND REQUIRING
ELECTRONIC FILING OF ALL STATEMENTS OF ECONOMIC INTEREST
WHEREAS, the Politic a l R eform Act of 1974 Government Code Sections
81000 et se q . (th e "Act" or "Political Reform A ct ") governs the d is cl osu re of
p olitica l campaign con trib ution s an d sp endin g b y candida t es and b a ll o t m easure
committees, an d se ts e thi cs r ules for st a te and loca l government officials that
imp ose s trict limi ts on d ecision s or vot es t hat affec t the offic ia l 's financia l inter es ts;
and
WHEREAS, the City Clerk is the loca l filin g officer for all fi lings and
st a tements required by the Po litical Reform Act includin g camp aign con tri bution
an d ex p enditu re reports from candidates for Ci ty C ouncil, controlled committees
and indep end ent expen diture committees, as well as Sta tements of Econ omi c
Interes t from cu rren t City offi ci a ls, offi cers and design a ted emp loyees, per the
Ci ty 's Confli ct of In teres t Code; and
WHEREAS, the Political Reform Act., require every state or local
government agency to adopt and promulgate a Conflict of Interest Code; and
WHEREAS, the City Council last updated the City's Conflict of Interest
Code on September 6, 2016 by adoption of Resolution No. 16-090; and
WHEREAS, the City Council now desires to amend the City's Conflict of
Interest Code to update the list o f designated positions and expressly require
electronic filing of all Statements of Economic Interest with the C ity Clerk.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO
DOES HEREBY RESOLVE AS FOLLOWS:
1. That Resolution No. 16-090 is hereby rescinded; and
2. That the terms of Title 2 California Code of Regulations Section 18730
and any amendments to it duly adopted by the FPPC shall, along with
the Code entitled, "City of Cupertino Conflict of Interest Code for
Resolution No . 18-092
Page2
Officials and Designated Employees" as set forth in Exhibit A along with
attached appendices A, B, and C, in which members, consultants, and
employees are designated and disclosure categories are set forth,
constitute the Conflict of Interest Code of the City of Cupertino; and
3. That all Statements of Economic Interest shall be filed electronically with the
City Clerk.
PASSED AND ADOPTED at a special meeting of the City Council of the City
of Cupertino this 18th day of September 2018, by the following vote.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Members of the City Council
Paul, Sinks, Chang, Scharf, Vaidhyanathan
None
None
None
APPROVED:
Q& c.sd.rH__ lo :i ·I J 2-=~~__::--~~------'---
Grace Schmidt, City Clerk ( ~-arcy Paul, May r,
City of Cupertino
Resolution No. 18-092
Page 3
EXHIBIT A
CITY OF CUPERTINO CONFLICT OF INTEREST CODE
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 the attached Appendix in
which members, consultants, and employees are designated and disclosure
categories are set forth shall constitute the conflict of interest code of the City of
Cupertino.
Officials and designated employees under Government Code Section 87200
shall file electronic 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 electronically forward the original of these statements to the Fair
Political Practices Commission. The City Clerk will electronically 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. 18-092
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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
Assistant Director of Community Development
Assistant Director of Recreation and Community Services
Assistant City Manager -Community Development and Strategic Planning
Assistant to the City Manager
Chief Technology Officer
City Attorney
City Manager
Consultants**
Deputy City Attorney
Deputy City Manager
Director of Administrative Services
Director of Community Development
Director of Recreation and Community Services
Director of Public Works
Financ,e Manager
Human Resources Manager
Senior Assistant City Attorney
Resolution No. 18-092
Pages
** 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 18700.3 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,
approvat 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 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. 18-092
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APPENDIXB
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 Engineer
Assistant Planner
Associate Civil Engineer
Associate Planner
Building Inspector
Building Official
Capital Improvement Program Manager
City Clerk
City Engineer
City Planner
Code Enforcement Officer
Deputy Building Official
Deputy City Clerk
Economic Development Manager
Engineering Technician
Environmental Programs Manager
Environmental Programs Specialist
GIS Program Manager
Information Technology Manager
Innovation and Technology Manager
Resolution No . 18-092
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Management Analyst
Multimedia Communication Specialist
Park Restoration and Improvement Manager
Permit Center Manager
Permit Technician
Plan Check Engineer
Public Affairs Manager
Public Information Officer
Public Works Inspector
Public Works Projects Manager
Public Works Supervisor
Recreation Manager
Recreation Supervisor
Economic Development Manager
Senior Building Inspector
Senior Civil Engineer
Senior Code Enforcement Officer
Senior Engineering Technician
Senior Management Analyst
Senior Planner
Service Center Superintendent
Sustainability Manager
Transportation Manager
Resolution No. 18-092
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APPENDIXC
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
Sustainability Commission
2018 Local Agen cy B iennial Notice
N f A
City of Cupertino ame o gency: _______________________________ _
M .
1
• Add 10300 Torre Avenue, Cupertino, CA 95014 a11ng ress:
Grace Schm idt 408-777-3224
Contact Person : Phone No. ---------------
. graces@cupertino .org Email: _____________ _ cityclerk@cupertino.org
Alternate Email: ---------------
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 disclosu re by those agency officials who make or
participate in making govern rn ental decisions.
This agency has reviewed its conflict of interest code and has determined that (check one BOX):
GZI An amendment is requi r ed . The following amendments are necessary:
(Check all that apply.)
• Include new positions
0 Revise disclosure catego r ies
0 Revise the titles of existing positions
• Delete titles of positions t h at have been abolished and/or positions that no longer make or
participate in making governmental decisions
0 Other (describe)-------------------------
0 The code is currently under review by the code reviewing body.
D No amendment is required. (If your code is over five years old, amendments may be
necessary.)
Verification (to be completed if no amendment is required)
This agency's code accurately designates all positions that make or participate in the making of governmental
decisions. The disclosure assigned to those positions accurately requires that all investments, business
positions, interests in real property, and sources of income that may foreseeably be affected materially by the
decisions made by those holding designated positions are reported. The code includes all other provisions
required by Gover nt Co S ction 87302.
Date
All agencies must complete and return this notice regardless of how recently your code was approved or
amended. Please return this not ice no later than October 1, 2018 , or by the date specified by your agency , if
earlier , to :
(PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE)
PLEASE DO NOT RETURN THIS FORM TO THE FPPC.
www.f ppc .ca.qov
FPPC Advice : advice@fppc.ca.qov (866 .275 .3772)
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