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Resolution 2010-55 1 ,",,,J /' RESOLUTION NO. 2010-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY IN REVIEW OF THE CITY OF GILROY CONFLICT OF INTEREST CODE PURSUANT TO ITS BIENNIAL REVIEW WHEREAS, the Political Reform Act ("Act"), Government Code Section 81000 et seq., requires state and local agencies to adopt and promulgate conflict of interest codes, and the City of Gilroy ("City") is an agency subject to this statute; and WHEREAS, the City Council of the City of Gilroy has reviewed the attached 2008 Conflict of Interest Code pursuant to the Act as required biennially and has found no need for update to said Code as attached here as "Exhibit A"; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gilroy does hereby approve the attached City of Gilroy Conflict of Interest Code PASSED AND ADOPTED by the City Council of the City of Gilroy at a regular meeting duly held on the 4th day of October, 2010 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, DILLON, GARTMAN, TUCKER, WOODWARD and PINHEIRO NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: NONE NONE RESOLUTION NO. 2010-55 ,,/ Exhibit A APPENDIX A POSITIONS DESIGNATED BY STATUTE (87200) POSITION City Council Planning Commission City Manager City Attorney City Treasurer DISCLOSURE CATEGORY 1 I 1 I I DESIGNATED POSITIONS DESIGNATED POSITIONS DISCLOSURE CATEGORY Assistant City Administrator I Assistant Finance Director I Assistant City Attorney I Budget Analyst I Building Board of Appeals Members 1 Building Field Services Manager 4 ~~~~re I City Clerk I City Engineer 1 Community Development Director I Community Services Director I Consultants* 1 Development Center Manager I Finance Director I Fire Chief 1 Fire Marshal 1 Housing and Community Development Coordinator 1 Human Resources Director 1 Information Technology Director 2 Physically Challenged Board of Appeals Members I Plan Check Engineer 4 Planning Division Manager 1 Purchasing Coordinator 2 Revenue Officer 1 Operations Services Manager 2 Environmental Programs Manager 2 Recreation Manager 2 RESOLUTION NO. 2010-55 3 Exhibit A ","" ,.' " DESIGNATED POSITIONS DISCLOSURE CATEGORY Operations Services Supervisor Facilities Superintendent Fleet Superintendent Fire Battalion Chief Fire/EMS Analyst Network Administrator Information Technology Manager Financial Analyst Facilities and Parks Development Manager Police Captain Senior Civil Engineer Parks and Recreation Commission Members Historic Heritage Committee Members 3 3 3 3 3 3 3 2 4 2 4 1 1 *Consultants shall be designated on a case-by-case basis, depending upon the nature of their services. Consultants are included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation: The City Administrator 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 described 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 Administrator'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. All agreements with a consultant, whether or not such consultant is required to file a disclosure statement in accordance with this resolution, shall contain a certification by the consultant that no conflict of interest exists in connection with the contract being entered into between the consultant and the City. RESOLUTION NO. 2010-55 4 Exhibit A APPENDIX B CONFLICT OF INTEREST DISCLOSURE CATEGORIES Cateeorv 1: All designated employees in this category shall disclose all sources of income, all interests in real property in the City of Gilroy, all investments and all business positions in business entities in which he or she is a director, officer, partner, trustee or employee or holds any position of management. Cateeorv 2: All designated employees in this category shall disclose investments, business positions and sources of income from business entities which provide services, supplies, materials, machinery or equipment of the type utilized by the City of Gilroy. Cateeory 3: All designated employees in this category shall disclose investments, business positions and sources of income from business entities which provide services, supplies, materials, machinery or equipment of the type utilized by the designated employee's department or division. Cateeorv 4: All designated employees in this category shall disclose all investments, business positions and sources of income from business entities which engage in land development, construction or the acquisition or sale of real property, and all interests in real property in the City of Gilroy. RESOLUTION NO. 2010-55 5 '.....".,., ." I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2010-55 is an original resolution, or true and correct copy of a city resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 4th day of October, 2010, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 11th day of October, 2010. Shawna Freels, CMC City Clerk of the City of Gilroy (Seal)