Resolution 2008-38
RESOLUTION 2008-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
REVISING 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 has adopted the terms of California Code of Regulations,
Regulation 18730, and. amendments thereto as the Conflict of Interest Code of the City
pursuant to the Act; and the Act requires the City to update its code biennially; and
WHEREAS, during which update the City has added the positions of Operations
Services Manager, Environmental Programs Manager, Recreation Manager, 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 and Historic Heritage Committee as
designated positions; and
WHEREAS, the City has removed the position of Deputy City Clerk from its list
of designated employees; and
WHEREAS, the City has added additional categories of disclosure. Category (2)
is established for the disclosure of investments, business positions and sources of income
from entities that provide services or equipment of a type utilized by the City of Gilroy,
Category (3) is established for the disclosure if investments, business positions and
sources of income from business entities which provide services, supplies and equipment
ofthe type utilized by the designated employee's department or division, Category (4) is
established for the disclosure of all investments, business positions and sources of income
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RESOLUTION 2008-38
from business entities which engage in land development, construction or the acquisition
or sale of real property, and all interests in real property; and
WHEREAS, the position of Building Field Services Manager has been amended
to Disclosure Category 4, the position of Information Technology Director has been
amended to Disclosure Category 2, the position of Purchasing Coordinator has been
amended to Disclosure Category 2, the position of Plan Check Engineer has been
amended to Disclosure Category 4; and
WHEREAS, the above-mentioned determination requires the City to revise
Appendix 1 of Resolution 2006-68 and replace it with Appendix A and Appendix B to
reflect these changes.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby
replace Appendix 1 and adopt Appendices A and B of the City's Conflict ofInterest
Code, designating those employees who shall be subject to the City's Conflict of Interest
Code and adding and amending the disclosure categories attached hereto and
incorporated herein by this reference.
PASSED AND ADOPTED by the City Council of the City of Gilroy at a regular
meeting duly held on the 15th day of September, 2008 by the following vote:
AYES:
COUNCIL MEMBERS: ARELLANO, BRACCO,
DILLON, GARTMAN, TUCKER, WOODWARD and
PINHEIRO
NOES:
COUNCIL MEMBERS: NONE
ABSENT:
COUNCIL MEMBERS: NONE
APPROVED:
~M AIP"h"
ayor lD Clro
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RESOLUTION 2008-38
APPENDIX A
POSITIONS DESIGNATED BY STATUTE (87200)
POSITION
City Council
Planning Commission
City Manager
City Attorney
City Treasurer
DISCLOSURE CATEGORY
1
1
1
1
1
DESIGNATED POSITIONS
DESIGNATED POSITIONS DISCLOSURE CATEGORY
Assistant City Administrator 1
Assistant Finance Director 1
Assistant City Attorney 1
Budget Analyst 1
Building Board of Appeals Members 1
Building Field Services Manager 4
Chief of Police 1
City Clerk 1
City Engineer 1
Community Development Director 1
Community Services Director 1
Consultants* 1
Development Center Manager 1
Finance Director 1
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 1
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
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RESOLUTION 2008-38
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.
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RESOLUTION 2008-38
APPENDIX B
CONFLICT OF INTEREST
DISCLOSURE CATEGORIES
Catee:orv 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.
Catee:orv 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.
Catee:orv 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.
Catee:orv 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.
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RESOLUTION 2008-38