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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 1 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 2 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 3 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. 4 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. 5 RESOLUTION 2008-38