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Resolution 2018-38RESOLUTION 2018 -38 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 included 2014 Conflict of Interest Code pursuant to the Act as required biennially, and has found the need to amend the Code as attached in "Exhibit A ", adding seven new position titles to the Conflict of Interest Code: City Engineer /Transportation Engineer, Deputy City Clerk, Deputy Director of Community Development, Deputy Director of Public Works — Operations, Deputy Fire Marshal, Public Works Director and Senior Management Analyst. 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 10th day of September, 2018 by the following roll call vote: AYES: NOES: COUNCILMEMBERS: BLANKLEY, BRACCO, HARVEY, TOVAR, TUCKER and VELASCO COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NONE LEROE -MUNOZ AP Roland Velasco, Mayor RESOLUTION 2018 -38 2 EXHIBIT A POSITIONS DESIGNATED BY STATUTE (87200) POSITION City Council Member Planning Commission Member City Administrator (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 Building Official 4 Building Plan Check Engineer 4 Chief of Police 1 City Clerk 1 City Engineer /Transportation Engineer 1 Community Development Director 1 Consultants* 1 Development Center Manager 1 Deputy City Clerk 2 Deputy Director of Community Development 1 Deputy Director of Public Works — Operations 1 Deputy Fire Marshal 4 Environmental Programs Manager 2 Facilities and Parks Development Manager 4 Facilities Superintendent 3 Finance Director 1 Financial Analyst 2 Fire Division Chief 3 Fire Chief 1 Fire/EMS Analyst 3 Fire Marshal 1 RESOLUTION 2018 -38 DESIGNATED POSITIONS DISCLOSURE CATEGORY Fleet Superintendent Historic Heritage Committee Members Housing and Community Development Coordinator Human Resources Director Information Technology Director 2 Information Technology Manager 3 Management Analyst 2 Network Administrator 3 Operations Services Manager 2 Operations Services Supervisor 3 Parks and Recreation Commission Members 1 Physically Challenged Board of Appeals Members 1 Planning Division Manager 1 Police Captain 2 Public Works Director 1 Purchasing Coordinator 2 Recreation Director 1 Recreation Manager 2 Revenue Officer 1 Senior Civil Engineer 4 Senior Management Analyst 2 *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 2018 -38 0 CITY OF GILROY CONFLICT OF INTEREST CODE DISCLOSURE CATEGORIES Category 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. Category 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. Category 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. Category 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 2018 -38 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2018 -38 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 10'h day of September, 2018, 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 13d' day/ of September, 2018. Shawna Freels, MM City Clerk of the City of Gilroy (Seal)