Resolution No. 2022-67 | 2022 Conflict of Interest Code | Adopted 09/12/2022RESOLUTION 2022-67
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’s Code incorporates by reference the terms of Title 2 of the
California Code of Regulations section 18730, and any amendments to it that have been duly
adopted by the Fair Political Practices Commission, and contains appendices designating officials
and employees and establishing disclosure categories, as shown below; and
WHEREAS, upon biennial review of the existing Code, it has been deemed necessary to
bring the Code up to date by adding and deleting positions, correcting position titles, and revising
disclosure categories assigned to designated positions/employees as needed; and
WHEREAS, the City Council of the City of Gilroy has reviewed the included 2020
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”.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gilroy
does hereby amend and adopt the City of Gilroy Conflict of Interest Code attached as “Exhibit B”.
PASSED AND ADOPTED by the City Council of the City of Gilroy at a regular meeting
duly held on the 12th day of September, 2022 by the following roll call vote:
AYES: COUNCIL MEMBERS: ARMENDARIZ, BRACCO, HILTON,
LEROE-MUÑOZ, MARQUES, TOVAR,
BLANKLEY
NOES: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
APPROVED:
Marie Blankley, Mayor
ATTEST:
_______________________
Thai Nam Pham, City Clerk
Marie Blankley (Sep 14, 2022 13:02 PDT)
Marie Blankley
2
EXHIBIT A
POSITIONS DESIGNATED BY STATUTE (87200)
POSITION
City Council Member
Planning CommissionMember
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
Customer Service Manager 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
Economic Development Manager
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
DESIGNATED POSITIONS DISCLOSURE CATEGORY
Fire Marshal 1
RESOLUTION 2020-59
3
Fleet Superintendent 3
Historic Heritage Committee Members 1
Housing and Community Development Coordinator 1
Human Resources Director 1
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
Program 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.
CITY OF GILROY
CONFLICT OF INTEREST CODE
DISCLOSURE CATEGORIES
RESOLUTION 2020-59
rd
CateSory 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.
Cate2ory 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 2020-59
Adopted: September 12, 2022
Page 1 of 5
CITY OF GILROY CONFLICT OF INTEREST CODE
The Political Reform Act (Government Code Section 81000, et seq.) requires state and
local government agencies to adopt and promulgate conflict of interest codes. The Fair
Political Practices Commission has adopted a regulation (2 California Code of
Regulations Section 18730) that contains the terms of a standard conflict of interest code,
which can be incorporated by reference in an agency’s code. After public notice and
hearing, the standard code may be amended by the Fair Political Practices Commission
to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California
Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair
Political Practices Commission are hereby incorporated by reference. This regulation and
the attached Appendix [or Appendices], designating positions and establishing disclosure
categories, shall constitute the conflict of interest code of the City of Gilroy (“City”).
Individuals holding designated positions shall file their statements of economic interests
with the City, which will make the statements available for public inspection and
reproduction (Gov. Code Sec. 81008). Upon receipt of the statements for those
designated in the Political Reform Act as 87200 filers (i.e. mayors and city council
members, city managers, city attorneys, city treasurers, and members of planning
commissions), the City shall make and retain copies and forward the originals to the
Fair Political Practices Commission. All other statements will be retained by the City.
Resolution No. 2022-67
Exhibit B - 2022 Conflict of Interest Code
City of Gilroy Conflict of Interest Code
Adopted September 12, 2022
Page 2 of 5
The following designated position classifications are required to file Statements of Economic
Interests pursuant to the Political Reform Act of 1974, as amended, and are hereby included in
the City of Gilroy's Conflict of Interest Code.
POSITIONS DESIGNATED BY STATUTE GOVERNMENT CODE §87200
The following positions are NOT covered by the code because they must file under Government
Code §87200 and are listed for information purposes only.
POSITION DISCLOSURE CATEGORY
Mayor 1
City Council Member 1
Planning Commission Member 1
City Administrator (Manager) 1
City Attorney 1
City Treasurer 1
DESIGNATED POSITIONS
CITY ADMINISTRATION
POSITION DISCLOSURE CATEGORY
Assistant City Administrator 1
City Clerk 1
Deputy City Clerk 2
Emergency Services Coordinator 4
Management Analyst 2
Program Administrator 1
Senior Management Analyst 2
CITY ATTORNEY
POSITION DISCLOSURE CATEGORY
Assistant City Attorney 1
COMMUNITY DEVELOPMENT
POSITION DISCLOSURE CATEGORY
Community Development Director 1
Building Official 4
Customer Service Manager 1
Hazardous Material Supervisor/Deputy
Fire Marshal 4
Management Analyst 2
FINANCE
POSITION DISCLOSURE CATEGORY
Finance Director 1
Finance Manager 1
Financial Analyst 1
Management Analyst 2
Resolution No. 2022-67
Exhibit B - 2022 Conflict of Interest Code
City of Gilroy Conflict of Interest Code
Adopted September 12, 2022
Page 3 of 5
FIRE
POSITION DISCLOSURE CATEGORY
Fire Chief 1
Fire Division Chief 3
Management Analyst 2
POLICE
POSITION DISCLOSURE CATEGORY
Chief of Police 1
Management Analyst 2
Police Captain 2
PUBLIC WORKS
POSITION DISCLOSURE CATEGORY
Public Works Director 1
Deputy Director of Public Works –
Operations 1
City Engineer/Transportation Engineer 1
Environmental Programs Manager 2
Management Analyst 2
Operations Services Supervisor 3
Senior Civil Engineer 4
Senior Management Analyst 2
ADMINISTRATIVE SERVICES
POSITION DISCLOSURE CATEGORY
Administrative Services and Human
Resources Director / Risk Manager 1
Facilities Superintendent 3
Fleet Superintendent 3
Information Technology Manager 3
Management Analyst 2
Network Administrator 3
RECREATION
POSITION DISCLOSURE CATEGORY
Recreation Manager 2
Community Coordinator 3
Recreation Coordinator 3
Management Analyst 2
BOARDS, COMMISSIONS, AND COMMITTEES
POSITION DISCLOSURE CATEGORY
Building Board of Appeal Member 1
Personnel Commission Member 1
Physically Challenged Board of Appeals
Member 1
Resolution No. 2022-67
Exhibit B - 2022 Conflict of Interest Code
City of Gilroy Conflict of Interest Code
Adopted September 12, 2022
Page 4 of 5
OTHERS
POSITION DISCLOSURE CATEGORY
Consultants* 1
Casual Employees performing work
similar to a designated position* 1
Retired Annuitants** 1
Resolution No. 2022-67
Exhibit B - 2022 Conflict of Interest Code
City of Gilroy Conflict of Interest Code
Adopted September 12, 2022
Page 5 of 5
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.
*Consultants and/or Casual employees are included in the list of designated positions
and shall be designated on a case-by-case basis, depending upon the nature of their
services 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.
**Retired annuitants may be included in the list of designated employees when the City
Administrator, or his or her designee, determines that they are performing work that is the
functional equivalent of a designated position. If such a determination is made, then
disclosure shall be pursuant to the disclosure category required by this Code for the
comparable designated staff position.
Resolution No. 2022-67
Exhibit B - 2022 Conflict of Interest Code
CERTIFICATE OF THE CLERK
I, THAI NAM PHAM, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2022-67 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 held on Council
held Monday, September 12, 2022, 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 Monday, September 12, 2022.
____________________________________
Thai Nam Pham, CMC, CPMC
City Clerk of the City of Gilroy
(Seal)