RESOLUTION NO. 24‐___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO RESCINDING RESOLUTION NO. 22‐120 AND AMENDING THE
CITY OF CUPERTINO CONFLICT OF INTEREST CODE
FOR OFFICIALS AND DESIGNATED EMPLOYEES
WHEREAS, the Political Reform Act of 1974, Government Code section 81000 et seq. (the “Act” or “Political Reform Act”) governs the disclosure of political campaign contributions and spending by candidates and ballot measure committees, and sets ethics rules for state and local government officials that impose strict limits on decisions or votes that affect the officialʹs financial interests; and
WHEREAS, the City Clerk is the local filing officer for all filings and statements required by the Political Reform Act including campaign contribution and expenditure reports from candidates for City Council, controlled committees and independent expenditure committees, as well as Statements of Economic Interest from current City officials, officers and designated employees, per the Cityʹs Conflict of Interest Code; and
WHEREAS, the Political Reform Act requires every state or local government agency to adopt and promulgate a Conflict of Interest Code; and
WHEREAS, the City Council last updated the City’s Conflict of Interest Code on September 20, 2022 by adoption of Resolution No. 22‐120; and
WHEREAS, the City
Council now desires to amend the City’s Conflict of Interest Code to update the list of designated positions.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY RESOLVE AS FOLLOWS:
1. That Resolution No. 22‐120 is hereby rescinded; and
2. That the terms of Title 2
California Code of Regulations Section 18730 and
any amendments to it duly adopted by the FPPC shall, along with the Code entitled, “City of Cupertino Conflict of Interest Code for Officials and Designated Employees” as set forth in Exhibit A along with attached appendices A and B, in which members, consultants, and employees are Resolution No. 24‐___
designated and disclosure categories are set forth, constitute the Conflict of Interest Code of the City of Cupertino; and
3. That all Statements of Economic Interest shall be filed electronically with the City Clerk.
PASSED AND ADOPTED at a special meeting of the City Council of the City of
Cupertino this 4th day of September 2024, by the following vote.
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
_________________________________
Sheila Mohan, Mayor
City of Cupertino
_________________________
Date
ATTEST:
_________________________________
Kirsten Squarcia, City Clerk
_________________________
Date
EXHIBIT A
CITY OF CUPERTINO CONFLICT OF INTEREST CODE
FOR OFFICIALS AND DESIGNATED EMPLOYEES
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 Cal. Code Regs. section 18730, which contains the terms of a standard conflict of interest code. It can be incorporated by reference and may be amended by the Fair Political Practices Commission after public notice and hearings to conform to amendments to the Political Reform Act. Therefore, the terms of 2 Cal. Code Regs. section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and, along with the attached Appendices A and B in which members, consultants, and employees are designated and disclosure categories are set forth shall constitute the conflict of interest code of the City of Cupertino.
Officials and designated employees under Government Code section 87200 shall file electronic statements of economic interests (Form 700) with the City Clerk who will make the statements available for public inspection and reproduction. (Gov.
Code, § 81008,)
Upon receipt of the statements (Form 700) of
the City of Cupertino City Council,
City Manager, City Attorney, City Treasurer, and Planning Commissioners, the agency shall electronically forward the original of these statements to the Fair Political Practices Commission. The City Clerk will electronically retain original statements for all other designated employees.
It has been determined that the
positions listed below manage public
investments and will file a statement of economic interests (Form 700) pursuant to Government Code section 87200:
City Treasurer (Director of Administrative Services)
Deputy City Treasurer (Finance Manager)
APPENDIX A
DESIGNATED POSITIONS AND
APPLICABLE REPORTABLE INTEREST CATEGORIES
Title Assigned Disclosure Category
ADMINISTRATIVE SERVICES, FINANCE & HUMAN RESOURCES
Director of Administrative Services
(Treasurer)
1 (Gov. Code § 87200 filer)
Finance Manager (Deputy City
Treasurer)
1 (Gov. Code § 87200 filer)
Human Resources Manager 2
Budget Manager 2
Purchasing Manager 2
Senior Management Analyst 5
Human Resources Analyst I/II 5
Accountant I/II 5
Senior Accountant 5
Account Clerk I/II 5
Accounting Technician 5
APPOINTED OR ELECTED OFFICIALS & COMMISSIONS
City Council 1 (Gov. Code § 87200 filers)
Audit Committee 2
Bicycle Pedestrian Commission 4
Arts and Culture Commission 4
Housing Commission 1
Library Commission 4
Parks and Recreation Commission 4
Planning Commission 1 (Gov. Code § 87200 filers)
Public Safety Commission 4
Sustainability Commission 4
Technology, Information, &
Communications Commission
3 CITY ATTORNEY’S OFFICE
City Attorney 1 (Gov. Code § 87200 filer)
Title Assigned Disclosure Category
Senior Assistant City Attorney 1
Assistant City Attorney 1
Legal Services Manager 1
CITY MANAGER’S OFFICE
City Manager 1
Assistant City Manager 1
Deputy City Manager 1
Administration
Management Analyst 6
Senior Management Analyst 6
Executive Assistant to the City Manager 6
City Clerk’s Office
City Clerk 1
Deputy City Clerk 1
Communications & Public Information
Communications and Marketing
Coordinator
Emergency Management
Assistant to the City Manager 1
Management Analyst 6
Community Relations Coordinator 6
Economic Development
Economic Development Manager 6
COMMUNITY DEVELOPMENT
Director of Community Development 1
Assistant Director of Community
Development
1 Planning
Planning Manager 1
Senior Planner 1
Title Assigned Disclosure Category
Associate Planner 6
Assistant Planner 6
Management Analyst 6
Permit Technician 6
Building
Building Official 4
Deputy Building Official 4
Senior Building Inspector 4
Building Inspector 4
Permit Technician 6
Plan Check Engineer 6
Housing
Housing Manager 1
Senior Housing Coordinator 6
Code Enforcement
Senior Code Enforcement Officer 4
Code Enforcement Officer 4
Consultants
Consultants (see Appendix B
definitions)
As determined by City Manager
INNOVATION & TECHNOLOGY
Chief Technology Officer 1
Innovation and Technology Manager 5
Business Systems Analyst 5
Multimedia Communication Specialist 3
Management Analyst 6
PUBLIC WORKS
Director of Public Works 1
Assistant Director of Public Works 1
Capital Improvement Programs
Manager
1 Transportation Manager 1
Title Assigned Disclosure Category
Senior Public Works Project Manager 1
Public Works Projects Manager 1
Environmental Programs Manager 1
Service Center Superintendent 5
Public Works Supervisor 6
City Engineer 1
Public Works Inspector 6
Senior Management Analyst 6
Management Analyst 6
Environmental Services & Environmental Affairs
Environmental Programs Manager 1
Environmental Programs Specialist 5
Environmental Programs Assistant 5
Environmental Compliance Technician 6
Traffic & Engineering
Senior Planner
(Transit and Transportation)
1 Assistant Engineer 4
Transportation Manager 1
Senior Civil Engineer 1
Associate Civil Engineer 4
Senior Engineering Technician 6
Engineering Technician 6
Environmental Programs Assistant (Safe
Routes to School)
5 PARKS AND RECREATION
Director of Parks and Recreation 1
Recreation Manager 5
Senior Management Analyst 6
Management Analyst 6
Appendix B
DISCLOSURE CATEGORIES AND DEFINITIONS
1. FULL DISCLOSURE
What to report? All investments, positions in business entities, sources of income (including gifts, loans, and travel payments), and interests in real property.
What Form 700 schedules? All Schedules (A through E)
2. ALL INCOME
What to report? All investments, positions in business entities, and sources of income (including gifts, loans, and travel payments).
What Form 700 schedules? A, C, D, E
3. CITY‐RELATED INCOME
What to report? All investments, positions in business entities, and 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 City.
What Form 700 schedules? A, C, D, E
4. CITY‐RELATED INCOME, REAL PROPERTY
What to report? All investments, positions in business entities, and 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 City and all interests in real property.
What Form 700 schedules? All Schedules (A through E)
5. DEPARTMENT‐RELATED INCOME
What to report? All investments, positions, in business entities, and 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.
What Form 700 schedules? A, C, D, E
6. DEPARTMENT‐RELATED INCOME & REAL PROPERTY
What to report? All investments, positions in business entities, and 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, and all interests in real property.
What Form 700 schedules? All Schedules (A through E)
Definitions
For the purposes of these disclosure categories, the definitions and regulations contained in the Political Reform Act, Government Code Sections 81000 et seq., and the Fair Political Practices Commission regulations at 2 Cal. Code Regs. Section 18730 shall apply.