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HomeMy WebLinkAboutResolution No. 2024-44 | Annual Conflict of Interest CodeRESOLUTION NO. 2024-44 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. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gilroy does hereby amend the City of Gilroy Conflict of Interest Code and adopts the amended City of Gilroy Conflict of Interest Code, attached as “Exhibit A”. PASSED AND ADOPTED by the City Council of the City of Gilroy at a regular meeting duly held on the 16th day of September, 2024 by the following roll call vote: AYES: COUNCIL MEMBERS: BRACCO, ARMENDARIZ, MARQUES, CLINE, TOVAR, BLANKLEY NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: HILTON APPROVED: Marie Blankley, Mayor ATTEST: Beth Minor, Interim City Clerk Resolution No. 2024-44 Conflict of Interest Code Biennial Review City Council Regular Meeting | September 16, 2024 Page 2 of 3 CERTIFICATE OF THE CLERK I, BETH MINOR, Interim City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2024-44 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, 16 September 2024 with a quorum present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this Tuesday, 17 September 2024 Beth Minor Interim City Clerk of the City of Gilroy Resolution No. 2024-44 Conflict of Interest Code Biennial Review City Council Regular Meeting | September 16, 2024 Page 3 of 3 EXHIBIT A EXHIBIT A POSITIONS DESIGNATED BY STATUTE (87200) POSITION DISCLOSURE CATEGORY City Council Member 1 Planning Commission Member 1 City Administrator (Manager) 1 City Attorney 1 City Treasurer 1 DESIGNATED POSITIONS DESIGNATED POSITIONS DISCLOSURE CATEGORY Administrative Services and Juan Resources Director/Risk Manager 1 Assistant City Attorney 1 Assistant to City Administrator 1 Special Assistant to City Administrator 1 Building Board of Appeals Members 1 Building Official 4 Casual Employees performing work similar to designated positions* Chief of Police 1 City Clerk 1 City Engineer/Transportation Engineer 1 Community Development Director 1 Consultants* 1 Deputy Director of Public Works – Operations 1 Economic Development Manager 1 Engineer I/II 3 Environmental Engineer 3 Environmental Programs Manager 2 Facilities / Fleet Superintendent 3 Finance Analyst 1 Financial Director 2 Finance Manager Fire Chief 1 Fire Division Chief 3 Hazardous Material Supervisor/Deputy Fire Marshall 4 Housing and Community Services Manager 1 Information Technology Manager 3 Management Analyst 2 Network Administrator 3 Parks and Recreation Commission Members 1 Planning Manager 1 Police Captain 2 Public Works Director 1 Recreation Manager 2 Retired Annuitants** 1 Senior Engineer 4 EXHIBIT A Senior Management Analyst 2 Utilities Business Manager 1 Utilities Director 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. **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. 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 Gilr 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. 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 Commissioner 1 City Administrator (Manager) 1 City Attorney 1 City Treasurer 1 DESIGNATED POSITIONS CITY ADMINISTRATION POSITION DISCLOSURE CATEGORY Assistant City Administrator 1 Assistant to City Manager 1 Special Assistant to City Manager 1 City Clerk 1 Management Analyst 2 Senior Management Analyst 2 Adopted: September 16, 2024 Page 1 of 5 City of Gilroy Conflict of Interest Code Adopted September 16, 2024 Page 2 of 4 CITY ATTORNEY POSITION DISCLOSURE CATEGORY Assistant City Attorney 1 COMMUNITY DEVELOPMENT POSITION DISCLOSURE CATEGORY Community Development Director 1 Building Official 4 Hazardous Material Supervisor/Deputy Fire Marshal 4 Housing and Community Services Manager 1 Management Analyst 2 Planning Manager 1 FINANCE POSITION DISCLOSURE CATEGORY Finance Director 1 Finance Manager 1 Financial Analyst 1 Management Analyst 2 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 City of Gilroy Conflict of Interest Code Adopted September 16, 2024 Page 3 of 4 Senior Civil Engineer 4 Senior Management Analyst 2 ADMINISTRATIVE SERVICES POSITION DISCLOSURE CATEGORY Administrative Services and Human Resources Director / Risk Manager 1 Facilities/ Fleet Superintendent 3 Information Technology Manager 3 Management Analyst 2 Network Administrator 3 RECREATION POSITION DISCLOSURE CATEGORY Recreation Manager 2 Management Analyst 2 UTILITIES DEPARTMENT POSITION DISCLOSURE CATEGORY Utilities Director 1 Environmental Engineer 3 Engineer I/II 3 Management Analyst 2 Senior Engineer 4 Utilities Business Manager 1 OTHERS POSITION DISCLOSURE CATEGORY Consultants* 1 Casual Employees performing work similar to a designated position* 1 Retired Annuitants** 1 City of Gilroy Conflict of Interest Code Adopted September 16, 2024 Page 4 of 4 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.