Resolution No. 9937
Resolution of the Council of the City of Palo Alto Amending the Conflict of Interest Code for Designated City Officers and Employees as Required by the Political Reform Act and Regulations of the Fair Political Practices Commission and Repealing Resolution No. 9937 9800
RECITALS
A. 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 abstain from making or participating in making governmental decisions which have a reasonably foreseeable material effect on an economic interest.
B. The Political Reform Act also requires the City to adopt a local conflict of interest code that enumerates specific City positions other than those specified in Government Code section 87200 which involve making or participating in making decisions which have a reasonably foreseeable material effect on an economic interest, and to designate for each position the specific types of investments, business positions, interests in real property and sources of income which are reportable based on the scope of the decision-making authority of the position.
C. Consistent with Chapter 2.09 of the Palo Alto Municipal Code and the biennial schedule established by the Fair Political Practices Commission for amending local conflict of interest codes, the City reviews and amends its local conflict of interest code by resolution every two years.
NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows:
SECTION 1. Resolution No. 9937-9800 is hereby repealed.
SECTION 2. The Conflict of Interest Code for the City of Palo Alto is hereby amended to read as follows:
CONFLICT OF INTEREST CODE FOR THE
CITY OF PALO ALTO
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 (FPPC) has adopted a regulation (2 Cal. Code of Regs. section 18730), which contains the terms of a standard conflict of interest code. After public notice and hearing the regulation may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of twoz California Code of 180904 016/Ethics
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Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. FPPC Regulation 18730 and Appendices A, B, and C, attached to this resolution and a part of it, designating officials and employees and establishing disclosure categories, shall constitute the conflict of interest code of the City of Palo Alto.
Designated employees shall file statements of economic interests with the City Clerk who will make the statements available for public inspection and reproduction. (Gov.
Code, § 81008.) Statements for all designated employees will be retained by the City Clerk.
SECTION 3. The Conflict of Interest Code for the City of Palo Alto will be effective thirty (30) days from the date the City Council approves this resolution.
SECTION 4. The City Council finds that there is no possibility that this resolution will have a significant effect on the environment and upon that basis determines that this resolution is exempt from the California Environmental Quality Act.
INTRODUCED AND PASSED: January 11, 2021
AYES: BURT, CORMACK, DUBOIS, FILSETH, KOU, STONE, TANAKA NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
City Attorney or designee City Manager
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0160041_20210114_ay16
APPENDIX A
DESIGNATED POSITIONS
Title Assigned Disclosure Category
ADMINISTRATIVE SERVICES DEPARTMENT
Finance Division
Accountant 4
Assistant Director, Administrative Services 1
Chief Financial Officer / Director, Administrative Services G.C. 87200 Chief Procurement Officer .. 3
Contracts Administrator. . 3
Manager, Finance .. 1
Manager Revenue Collections
Manager, Treasury, Debt and Investment...
Principal Business Analyst
Principal Management Analyst
Senior Accountant ..
Senior Business Analyst
Senior Buyer
Senior Management Analyst
Warehouse Supervisor .
Real Estate Division
Manager, Real Property 4
Senior Management Analyst .. 4
Office of Management and Budget
Director, Office of Management and Budget
Management Analyst
Manager, Budget
Principal Management Analyst
Senior Management Analyst.
Senior Management Analyst (Senior Principal Analyst)
APPOINTED/ELECTED OFFICIALS
Architectural Review Board 1
City Council G.C. 87200
Emergency Standby Council Member .1
Historic Resources Board
Human Relations Commission 1
Parks and Recreation Commission
Planning and Transportation Commission G.C. 87200
Public Art Commission 1
Utilities Advisory Commission 1
Appendix A: Page 1 of 8
Title Assigned Disclosure Category
CITY ATTORNEY
Assistant City Attorney .. 1
Chief Assistant City Attorney ..............1
City Attorney • G.C. 87200
Claims Investigator .. 3
Deputy City Attorney 1
Legal Fellow 1
Management Specialist (Attorney) 1
Secretary to City Attorney 4
Senior Legal Secretary .. 1
Senior Management Analyst ... 1
CITY AUDITOR
City Auditor ... 1
CITY CLERK
Assistant City Clerk 3
City Clerk
Deputy City Clerk 3
CITY MANAGER
Assistant City Manager
Assistant to the City Manager 1
Chief Communications Officer 1
City Manager... G.C. 87200
Deputy City Manager 1
Executive Assistant to the City Manager .. 3
Manager, Communications 4
COMMUNITY SERVICES
Administrative Assistant 3
Assistant Director Community Services 1
Director Community Services
Management Analyst 3
Senior Management Analyst .. 3
Arts & Sciences Division
Manager, Community Services Sr. Program (Senior Community Services Manager) ..............5 Appendix A: Page 2 of 8
Title Assigned Disclosure Category
Producer Arts/Science Programs (Arts Producer) .. 5
Recreation Division
Coor Rec Prog (Coordinator, Recreation Programs)
Manager Community Services ..... 5
Manager Community Services Senior Program 5
Superintendent Community Services ...... 5
Open Space, Parks and Golf Division
Division Manager Open Space Parks & Golf .. 6
Manager Community Services ............ .. 5
Superintendent Community Services ... 5
FIRE DEPARTMENT
Battalion Chief
Deputy Chief/Fire Marshal
Deputy Fire Chief
Emergency Medical Services Data Specialist
Emergency Medical Services (EMS) Director
Fire Captain
Fire Chief
Geographic Information System Specialist
HUMAN RESOURCES
Assistant Director, Human Resources
Director, Human Resources
Human Resources Representative
Manager, Employee Benefits ...
Manager, Employee Relations
Manager, Recruitment Division.. 6
Senior Human Resources Administrator ... 3
Senior Management Analyst ..
INFORMATION TECHNOLOGY DEPARTMENT
Director, Information Technology/Chief Information Officer Assistant Director, Information Technology..
Manager Information Technology Security
Manager Information Technology
Senior Management Analyst
Senior Technologist 9
Technologist
Appendix A: Page 3 of 8
Title Assigned Disclosure Category
LIBRARY DEPARTMENT
Division Head, OperationsAssistant Director, Libraries Services. 3 Director, Libraries 1
Division Head Library Services (Information Technology & Collections) 3 Management Analyst 5
Manager Library Services 5
OFFICE OF EMERGENCY SERVICES
Director of Emergency Services (OES) 1
Office of Emergency Services (OES) Coordinator . 1
PLANNING & DEVELOPMENT SERVICES
Administrative Assistant
Assistant Chief Building Official
Assistant Director, Planning and Community Environment
Associate Planner ..
Building Inspector Specialist
Chief Building Official.
Chief Planning Official 1
Development Project Coordinator II/III (Project Coordinator) ..
Development Services Director
Division Manager, Planning
Code Enforcement Officer
Code Enforcement Officer Lead
Supervisor of Code Enforcement...
Director, Planning and Community Environment
Management Analyst
Manager Development Center...
Manager Planning.
Planner 4
Principal Planner
Senior Business Analyst...
Senior Management Analyst
Senior Planner
Senior Building Inspector
OFFICE OF TRANSPORTATION
Administrative Assistant 4
Appendix A: Page 4 of 8
Title Assigned Disclosure Category
Associate_Planner. ...4
Chief Transportation Official. 1
Coordinator Transportation Systems Management. .4
Management Analyst.
Manager, Transportation Planning.. 4
enior Engineer .4
senior Planner .4
Traffic Engineering Lead ..4
POLICE DEPARTMENT
Police Division
Assistant Police Chief
Communications Manager .
Police Captain -Adv
Police Chief -Adv ....
Police Lieutenant -Adv .
Public Safety Program Manager
Senior Management Analyst ..
Technical Services Division
Deputy Director Technical Services Division ... 9
Public Safety Communications Manager .. 3
Public Safety Program Manager 3
PUBLIC WORKS DEPARTMENT
Administration Division
Assistant Director of Climate Action and Sustainability Director, Public Works/City Engineer
Management Analyst 3
Senior Management Analyst 3
Airport Division
Management Analyst 3
Manager Airport
Manager, Maintenance Operations 5
Engineering Services Division
Assistant Director Public Works 1
Management Analyst
Project Manager 4
Senior Engineer 4
Appendix A: Page 5 of 8
Title Assigned Disclosure Category
Supervisor Inspection & Surveying .. 4
Public Services Division
Assistant Director Public Works 1
Assistant Fleet Manager 5
Coordinator Public Works Projects 3
Fleet Manager
Management Analyst
Manager Facilities 5
Manager Maintenance Operations ...
Manager Urban Forester
Project Manager
Project Manager (Urban Forester) .
Environmental Services Division
Assistant Director Public Works
Assistant Manager Water Quality Control Plant
Coordinator Public Works Projects
Management Analyst
Manager Environmental Control Program
Manager Laboratory Services
Manager Solid Waste
Manager Water Quality Control Plant
Manager Watershed Protection
Project Manager
Senior Engineer
Office of Sustainability
Sustainability Programs Administrator
UTILITIES DEPARTMENT
Administration
Director of Utilities... 1
Manager Communications ... 5
Principal Business Analyst - U
Principal Utilities Program Manager... 4
Senior Business Analyst - U 4
Senior Resource Planner 3
Utilities Chief Operating Officer 1
Utilities Compliance Manager 5
Utilities Safety Officer. 4
Utilities Strategic Business Manager ........
Appendix A: Page 6 of 8
Title Assigned Disclosure Category
Utilities Sytems Analyst. .............4
Customer Support Services Division
Assistant Director Utilities Customer Support Services 1 Manager Customer Service 1
Manager, Utilities Credit, and& Collections ... 1
Resource Management Division
Asst Dir Ut/Res Mgmt (Assistant Director, Resource Management) 1 Manager Utilities Program Services 4
Senior Resource Planner ......... З
Electric Engineering & Operating Division
Assistant Director, Utilities, Electric, and Fiber Utilities Engineering . 1 Engineering Manager _ Electric 4
Manager Electric Operations. 4
Engineering Manager Water-Gas Wastewater …......
Mgr Util Telecomm (Manager, Utilities Telecommunications) 1 Senior Electrical Engineer 4
Utilities SupervisorSenior Engineer — U (Senior Project Engineer)... 4 Supervising Electric Project Engineer (Electric Supervisor Project Engineer) 4 Water-Gas-Wastewater Engineering & Operations Division
Assistant Director Utilities W-G-W 1
Manager Utilities Operations W-G-W 4
Engineering Manager W-G-W 4
Senior Project Engineer 4
Utilities Supervisor 4
Palo Alto Fiber
Assistant Director Fiber 3
Manager, Telecommunications 3
Manager, Information Technology
Operations Division
Assistant Director Utilities Operations
Manager Electric Operations
Manager Utilities Operations W GW ......
Utility Safety Officer
Utilities Supervisor
OTHER REPORTING REQUIREMENTS
Appendix A: Page 7 of 8
Title Assigned Disclosure Category
Newly created positions between conflict code amendments • 1-9, As applicable, the City Clerk to work with Department to complete FPPC Form 804 at the time a new position is created.
Consultants (Defined in FPPC Regulation 18701(a)(2)) …....... 1-9, As applicablet, the City Clerk to work with Department to complete FPPC form 805 at the time a consultant is hired.
Members of Task Forces, Special Committees and Similar Advisory Bodies Created by the City Council ... 1, As applicable?
' Pursuant to Palo Alto Municipal Code section 2.09.060, the City Manager or his or her designee 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. Any such written determination shall include a description of the consultant's duties and, based upon the description, a statement of the extent of disclosure requirements, if any. The City Manager or his or her designee may also determine whether a particular contract consultant constitutes a "consultant" as the term is defined in the Political Reform Act and regulations promulgated there under or whether the contract consultant is a registered professional engineer or licensed land surveyor exempted from the conflict of interest provisions under Government Code Section 87100.1. The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as the Conflict of Interest Code.
= The City Attorney and City Clerk shall coordinate to determine whether a newly created body provides that committees, boards, or commissions possesses decision making authority pursuant to Fair Political Practices Regulation 18701 and make a recommendation to the Council on whether the body should be subject to the disclosure requirements. 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.
Appendix A: Page 8 of 8
APPENDIX B
DISCLOSURE CATEGORIES AND DEFINITIONS
CATEGORIES
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)
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
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
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
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)
Appendix B: Page 1 of 2
7. DIVISION- 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 division in which that person is employed.
What Form 700 schedules? A, C, D, E
8. DIVISION-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 division in which that person is employed and all interests in real property.
What Form 700 schedules? All Schedules (A through E)
9. CITY-RELATED COMPUTER HARDWARE & SOFTWARE
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 relating to computer hardware or software of the type utilized by the City.
What Form 700 schedules? A, C, D, E
DEFINITIONS (summary from California Government Code as of 8/21/2018) For the purposes of these disclosure categories, the definitions and regulations contained in the Political Reform Act apply, including but not limited to:
"Business entity" means any organization or enterprise operated for profit, including but not limited to a proprietorship, partnership, firm, business trust, joint venture, syndicate, corporation or association (Gov. Code 82005). A position in a business entity includes a position as "a director, officer, partner, trustee, employee, or holds any position of management" (Gov. Code 87103(d)).
"Income" means a payment received, including but not limited to any salary or wage received by the filer (Gov. Code 82030). However, income does not need to be disclosed if the source is a state, local, or federal government agency (Gov. Code 82030(b)(2)). "Interests in real property" means leasehold or ownership interests or options worth $2,000 or more within two miles of the jurisdictional boundaries of the City of Palo Alto (Gov. Code 82033). However, a real estate interest does not need to be disclosed if it is used solely as your primary residence (Gov. Code 87206(f)).
"Investment" means any financial interest in or security issued by a business entity owned directly, indirectly, or beneficially by filer, or his or her immediate family. An asset shall not be deemed an investment unless its fair market value equals or exceeds two thousand dollars ($2,000) (Gov. Code 82034).
Appendix B: Page 2 of 2
APPENDIX C
RESOURCES
FAIR POLITICAL PRACTICES COMMISSION
Statements of Economic Interests - Form 700 webpage
http://www.tppc.ca.gov/Form700.html
Includes the latest:
Reference Pamphlet-3 (Explains Reporting Requirements)
Form 700 Disclosure FAQst
Informal Advice
http://www.fppc.ca.gov/advice/get-advice.html
[email protected] or;
• 866-275-3772 | Monday through Thursday from 9:00 a.m. to 11:30 a.m.
Formal Advice
http://www.fppc.ca.gov/advice/formal-advice.html
OFFICE OF THE CITY CLERK
• File Form 700 electronically at https://netfile.com/Filer/https://efile.cityofpaloalto.org/ • Questions about accessing the NetFile-eFile electronic filing system? Contact the City Clerk's Office: (650) 329-2571
• View previously filed Form 700's at http://public.netfile.com/pub/?aid-CPA https://efile.cityofpaloalto.org/public/search/sei?query=&start date=2024-01- 23&end date=2025-01-
23&filing types=fppc700&filing subtypes=assuming%20office,leaving%20office, annual, candidate¤t page=1&page size=10
3 FPPC 2024/2025 Form 700 Statement of Economic Interest Reference Pamphlet https://www.fppc.ca.gov/content/dam/fppc/NS-Documents/TAD/Form%20700/2024-25/Ref_Pamphlet_2024.pdf 4 FPPC Form 700 Disclosure FAQs https://www.fppc.ca.gov/content/dam/fppc/NS- Documents/TAD/Form%20700/2024-25/Form_700_FAQs_2024.pdf Appendix C: Page 1 of 1