Resolution 1995-26
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RESOLUTION NO. 95-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY ADOPTING A CONFLICT OF INTEREST CODE
WHICH INCORPORATES BY REFERENCE THE FAIR
POLITICAL PRACTICES COMMISSION'S STANDARD
MODEL CONFLICT OF INTEREST CODE
WHEREAS, the political reform act, Government Code
section 81000, et seq., requires state and local government
agencies to adopt and promulgate conflict of interest codes; and
WHEREAS, each such code must specifically enumerate those
positions within the agency involved in making or participating in
the making of decisions which may foreseeably have a material
effect on any financial interest, except for those positions
specified in Government Code section 87200; and
WHEREAS, the Fair Political Practices commission has
adopted a regulation, 2 Cal. Code of Regs., ~18730, which contains
the terms of a standard conflict of interest code which can be
incorporated by reference and may be amended by the Fair Political
Practices Commission ("FPPC") after public notice and hearings to
conform to amendments in the Political Reform Act.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The terms of 2 Cal. Code of Regs., ~18730, and any
amendments thereto, taken with the appendices attached hereto and
incorporated by reference herein, shall constitute the Conflict of
Interest Code of the city of Gilroy.
2. Persons holding designated positions listed in the
attached Appendix I or by the terms of an employee or consultant
agreement with the City of Gilroy, shall file statements of
economic interest with the Clerk of the City of Gilroy in
accordance with 2 Cal. Code of Regs., ~18730(4).
3. Nothing in this resolution shall be construed to allow
any official, employee, or consultant of the City of Gilroy to make
or participate in making or in any way attempt to influence a
RESOLUTION NO. 95-26
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governmental decision in which he knows or has reason to know he
has a financial interest.
Disqualification in the event of a
conflict of interest is governed by sections 87100 and following
of the Government Code and the state regulations promulgated
thereunder.
PASSED AND ADOPTED this 3rd day of April 1995 by the
following vote:
AYES:
COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROGERS,
ROWLISON, VALDEZ, GAGE
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
AP~J.(2~/
/s/ DONALD F.~
Donald F. Gage, Mayor
RESOLUTION NO. 95-26
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APPENDIX "I"
CITY OF GILROY CONFLICT OF INTEREST CODE
APPENDIX OF DESIGNATED POSITIONS
Desiqnated positions
Disclosure Cateqories
1
1
1
1
1
1
1
1
1
1
1
1. Chief Building Official
2. Chief of Police
3. Director of Park and Recreation
4. Director of Planning
5. Director of Public Works
6. Fire Chief
7. Purchasing and Property Manager
8. city Engineer
9. Deputy Finance Director
10. Human Resources Director
11. Consultants 1
1 Only those interests which are relevant to the consultant's
engagement are required to be disclosed. The appropriate interest
to be disclosed shall be determined by the City Administrator in
conjunction with the City Attorney. Such determination shall
include a description of the duties of the consultant and, based
upon that description, a statement of the extent of disclosure
requirements. The city Administrator's determination shall be in
writing, 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.
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APPENDIX "II"
CITY OF GILROY CONFLICT OF INTEREST CODE
APPENDIX OF DISCLOSURE CATEGORIES
1. Persons in this category must disclose all investments and
business positions in business entities, sources of income and
interest in real property as designated in Schedules A through
H of FPPC Form 730. However, designated employees who are
required to file statements of economic interests under any
other agencies conflict of interest code (Form 730), or under
Article 2 of the Political Reform Act for a different
jurisdiction (Form 721), may expand their statement of
economic interests to cover reportable interests in both
jurisdictions, and file copies of this expanded statement with
both entities in lieu of filing separate and distinct
statements, provided that each copy of such expanded statement
filed in place of an original is signed and verified by the
designated employee as if it were an original. See Government
Code section 81004.
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 95 26 is an original
resolution, duly adopted by the COuncil of the City of Gilroy at a regular
meeting of said Council held on the 3rd day of
at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
April
, 19-22-,
Official Seal of the City of Gilroy this 7th day of
April
,1995.
(Seal)