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HomeMy WebLinkAboutCity Council Resolution 22-033 Amending Conflict of Interest CodeRESOLUTION NO. 22-033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE CITY OF SARATOGA CONFLICT OF INTEREST CODE WHEREAS, the Political Reform Act requires certain City officials, specified in section 87200 of the California Government Code, to file economic disclosure forms (`Form 700"); and WHEREAS, the Political Reform Act, Government Code Sections 81000, et seq., requires every state or local government agency to adopt a Conflict -of -Interest Code (Code) that lists the classifications which involve making or participating in making decisions which have a reasonably foreseeable material effect on an economic interest, and lists the disclosure categories for those classifications that are reportable based on the scope of the decision -making authority of the classification; and WHEREAS, the Political Reform Act further requires the City Council to act as the code - reviewing body of the Code and requires local agencies to review its Code biennially; and WHEREAS, the City of Saratoga's Conflict of Interest Code was most recently amended by Resolution 20-065 on September 16, 2020. NOW, THEREFORE, the City Council of the City of Saratoga does hereby: Approve and adopt the classifications and disclosure categories listed in Exhibit A which constitutes the City of Saratoga Conflict of Interest Code. Require that all designated officials and employees file a Statement of Economic Interest with the City Clerk, who will make the statements available for public inspection and reproduction. Declare the attached Conflict -of -Interest Code, as amended herein, shall supersede all previous Codes, policies, and understandings related to the City of Saratoga Conflict of Interest Code. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 71" day of September 2022, by the following vote: AYES: COUNCIL MEMBERS KUMAR ZHAO, VICE MAYOR FITZSIMMONS, MAYOR WALIA NOES: NONE ABSENT: COUNCIL MEMBER BERNALD ABSTAIN: NONE Tina Walia, Mayor ATTEST: 6, , , 4� L Britt Avrit, MMC, City Clerk Resolution 22-033 Page 2 EXHIBIT A — CONFLICT OF INTEREST CODE LIST OF DESIGNATED POSITIONS DESIGNATED POSITIONS DISCLOSURE CATEGORY APPOINTED/ELECTED OFFICIALS City Council 87200 Filer (Full Disclosure) Heritage Preservation Commission 1 (Full Disclosure) Library & Community Engagement Commission 1 (Full Disclosure) Parks and Recreation Commission 1 (Full Disclosure) Planning Commission 87200 Filer (Full Disclosure) Public Art Commission 1 (Full Disclosure) Traffic Safety Commission 1 (Full Disclosure) CITY ATTORNEY'S OFFICE City Attorney 87200 Filer (Full Disclosure) Assistant City Attorney 1 (Full Disclosure) CITY MANAGER'S OFFICE City Manager 87200 Filer (Full Disclosure) Assistant City Manager 1 (Full Disclosure) City Clerk 1 (Full Disclosure) PUBLIC WORKS DEPARTMENT Public Works Director 1 (Full Disclosure) Public Works Manager — Parks 2 (Dept. Related Income, Property) Public Works Manager — Streets and Fleet 2 (Dept. Related Income, Property) Engineering Services Manager/City Engineer 2 (Dept. Related Income, Property) Associate Engineer 2 (Dept. Related Income, Property) Associate Civil Engineer 2 (Dept. Related Income, Property) COMMUNITY DEVELOPMENT DEPARTMENT Community Development Director 1 (Full Disclosure) Building Official 1 (Full Disclosure) City Arborist 2 (Dept. Related Income, Property) Senior Planner 2 (Dept. Related Income, Property) Associate Planner 2 (Dept. Related Income, Property) Associate Civil Engineer 2 (Dept. Related Income, Property) Code Compliance Officer 2 (Dept. Related Income, Property) Facilities Manager 2 (Dept. Related Income, Property) FINANCE & ADMINISTRATIVE SERVICES DEPARTMENT Administrative Services Director 87200 Filer (Full Disclosure) Finance Manager 1 (Full Disclosure) Human Resources Manager 1 (Full Disclosure) Information Technology Manager 4 (Computer Related) Resolution 22-033 Page 3 CONSULTANTS City Auditor City Geotechnical Consultant City Surveyor Traffic Engineer Contract Planner Contract Arborist OTHER REPORTING REQUIREMENTS 1 (Full Disclosure) 2 (Dept. Related Income, Property) 1 (Full Disclosure) 2 (Dept. Related Income, Property) 2 (Dept. Related Income, Property) 2 (Dept. Related Income, Property) • Newly Created Positions between Conflict of Interest Code Updates: The City Clerk shall complete FPPC form 804 at time position is created. • Consultants (Defined in FPPC Regulation 18701 (a)(2)): The City Clerk shall complete FPPC Form 805 at the time the consultant is hired. Consultants shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation: The City Manager 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 disclose pursuant to the broadest disclosure category. • Members of Task Forces, Special Committees, and Similar Advisory Bodies Created by City Council: The City Attorney and City Clerk shall consider whether a newly created body is subject to the Political Reform Act's disclosure requirements and make a recommendation to the City Council. Factors to be considered include but are not limited to whether the body will perform a role that compels or prevents a governmental decision or make substantive recommendations that may be regularly approved without significant modification by another public official or governmental agency over an extended period of time. DISCLOSURE CATEGORIES AND DEFINITIONS CATEGORIES: 1. FULL DISCLOSURE and 87200 FILER What to Report? All investments, positions in business entities, sources of income (including gifts, loans, and travel payments), and interests in real property. 2. DEPARTMENT -RELATED INCOME, REAL PROPERTY What to Report? All investments, positions in business entities, sources of income (including gifts, loans, and travel payments) if the source provides goods or services of the type utilized by or subject to the review or approval of the department in which that person is employed or the Commission or other body on which the person serves and all interests in real property. Resolution 22-033 Page 4 3. DEPARTMENT -RELATED INCOME What to Report? All investments, positions in business entities, sources of income (including gifts, loans, and travel payments) if the source provides goods or services of the type utilized by or subject to the review or approval of the department in which that person is employed or the Commission or other body on which the person serves. 4. CITY -RELATED COMPUTER HARDWARE & SOFTWARE What to Report? All investments, positions in business entities, sources of income (including gifts, loans, and travel payments) if the source provides goods or services relating to computer hardware or software companies, computer consultant services, IT training companies, data processing firms and media services of the type utilized by the City.