RESOLUTION NO. 24-099
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO RESCINDING RESOLUTION NO. 24-083AND 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 limits on decisions or votes that affect the official' s 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, aswell asStatementsof Economic Interest from current City officials and designated employees, per the City' s 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 September4, 2024by adoption of Resolution No. 24-083; and WHEREAS, the City Council now desires to amend the City’s Conflict of Interest Code to update the disclosure categoriesand the list of designated positions.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOESHEREBYRESOLVEAS FOLLOWS:
1. That Resolution No. 24-083is hereby rescinded; and
2. That the terms of Title 2 California Code of Regulations section 18730and any amendments to it duly adopted by the FPPCshall, 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 ResolutionNo. 24-099
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designated and disclosure categoriesare set forth, constitute the Conflict of Interest Code of the City of Cupertino; and
3. That all Statementsof EconomicInterest shall befiled electronically with the City Clerk.
PASSEDAND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 3rd day of December 2024, by the following vote.
Members of the City Council
AYES: Mohan, Fruen, Chao, Moore
NOES: None
ABSENT: Wei
ABSTAIN: None
SIGNED:
SheilaMohan, Mayor
City of Cupertino
Date
ATTEST:
Kirsten Squarcia, City Clerk Date
12/11/2024
12/11/2024
EXHIBIT A
CITY OF CUPERTINO CONFLICT OF INTERESTCODE
FOR OFFICIALS AND DESIGNATED EMPLOYEES
The Political Reform Act, Government Code section 81000etseq. requires state and local government agenciesto adopt and promulgate conflict of interest codes. The Fair Political PracticesCommission hasadopted 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 18730and any amendments to it duly adopted by the Fair Political PracticesCommission are hereby incorporated by referenceand, along with the attached Appendices A and B in which members, consultants, and employeesare designated and disclosure categoriesare 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 statementsavailable 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 agencyshall electronically forward the original of thesestatementsto the Fair Political PracticesCommission. The City Clerk will electronically retain original statementsfor 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 (FinanceManager)
APPENDIX A
DESIGNATED POSITIONS AND
APPLICABLE REPORTABLEINTERESTCATEGORIES
Title Assigned Disclosure Category
ADMINISTRATIVE SERVICES, FINANCE & HUMAN RESOURCES
Director of Administrative Services
Treasurer)
1 (Gov. Code § 87200filer)
FinanceManager (Deputy City
Treasurer)
1 (Gov. Code § 87200filer)
Human ResourcesManager 2
Budget Manager 2
Purchasing Manager 2
Senior Management Analyst 3
Human ResourcesAnalyst I/II 3
Accountant I/II 3
Senior Accountant 3
Account Clerk I/II 3
Accounting Technician 3
APPOINTED OR ELECTED OFFICIALS & COMMISSIONS
City Council 1 (Gov. Code § 87200filers)
Audit Committee 2
Bicycle Pedestrian Commission 1
Arts and Culture Commission 1
Housing Commission 1
Library Commission 1
Parks and RecreationCommission 1
Planning Commission 1 (Gov. Code § 87200filers)
Public Safety Commission 1
Sustainability Commission 1
Technology, Information, &
Communications Commission
3 CITY ATTORNEY’S OFFICE
City Attorney 1 (Gov. Code § 87200filer)
Title Assigned Disclosure Category
Senior Assistant City Attorney 1
Assistant City Attorney 1
Legal ServicesManager 1
CITY MANAGER’ S OFFICE
City Manager 1
Assistant City Manager 1
Deputy City Manager 1
Administration
Management Analyst 1
Senior Management Analyst 1
Executive Assistant to the City Manager 1
City Clerk’s Office
City Clerk 1
Deputy City Clerk 1
Communications & Public Information
Communications and Marketing
Coordinator
1 Emergency Management
Assistant to the City Manager 1
Management Analyst 1
Community Relations Coordinator 1
Economic Development
Economic Development Manager 1
COMMUNITY DEVELOPMENT
Director of Community Development 1
Assistant Director of Community
Development
1 Planning
Planning Manager 1
Senior Planner 1
Title Assigned Disclosure Category
AssociatePlanner 1
Assistant Planner 1
Management Analyst 1
Permit Technician 1
Building
Building Official 1
Deputy Building Official 1
Senior Building Inspector 1
Building Inspector 1
Permit Technician 1
Plan Check Engineer 1
Housing
Housing Manager 1
Senior Housing Coordinator 1
Code Enforcement
Senior Code Enforcement Officer 4
Code Enforcement Officer 4
Consultants
Consultants (seeAppendix B
definitions)
As determined by City Manager
INNOVATION & TECHNOLOGY
Chief Technology Officer 1
Innovation and Technology Manager 3
BusinessSystemsAnalyst 3
Multimedia Communication Specialist 3
Management Analyst 1
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 ProjectsManager 1
Environmental Programs Manager 1
ServiceCenter Superintendent 3
Public Works Supervisor 1
City Engineer 1
Public Works Inspector 1
Senior Management Analyst 1
Management Analyst 1
Environmental Services & Environmental Affairs
Environmental Programs Manager 1
Environmental Programs Specialist 3
Environmental Programs Assistant 3
Environmental Compliance Technician 1
Traffic & Engineering
Senior Planner
Transit and Transportation)
1 Assistant Engineer 1
Transportation Manager 1
Senior Civil Engineer 1
AssociateCivil Engineer 1
Senior Engineering Technician 6
Engineering Technician 6
Environmental Programs Assistant (Safe
Routesto School)
3 PARKS AND RECREATION
Director of Parks and Recreation 1
RecreationManager 3
Senior Management Analyst 1
Management Analyst 1
Appendix B
DISCLOSURECATEGORIESAND DEFINITIONS
1. Category 1
What to report? All investments, positions in businessentities, sourcesof income (including gifts, loans, and travel payments), and interests in real property.
What Form 700schedules? All Schedules (A through E)
2. Category 2
What to report? All investments, positions in businessentities, and sourcesof income (including gifts, loans, and travel payments).
What Form 700schedules? A, C, D, E
3. Category 3
What to report? All investments, positions in businessentities, and sourcesof income (including gifts, loans, and travel payments) from sourcesof the type that provide services, supplies, materials, machinery or equipment to the City.
What Form 700schedules? A, C, D, E
Definitions
For the purposes of these disclosure categories, the definitions and regulations contained in the Political Reform Act, Government Code sections81000etseq., and the Fair Political PracticesCommission regulations, 2 Cal. Code Regs. section 18730, shall apply.