City of Santa Clara
Conflict of Interest Code
SECTION 1: CONFLICT OF INTEREST CODE – ADOPTED
The Political Reform Act, Government Code Sections 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 of Regs. Section 18730, which contains the terms of a standard Conflict of Interest Code, which van be incorporated by reference and which may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and hearings. Therefore, the terms of 2 Cal. Code of Reg. 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 Appendix A in which officials and employees are designated and Appendix B in which disclosure categories are set forth, constitute the Conflict of Interest Code of the City of Santa Clara, which is considered the agency within the purview of this code. The Conflict of Interest Code of the City of Santa Clara so adopted amends and replaces any Conflict of Interest Code of the City of Santa Clara previously in effect to conform to this newly adopted code.
SECTION 2: CONFLICT OF INTEREST CODE – STATEMENTS
Designated employees shall file statements of economic interests with the City of Clerk, who shall be and perform the duties of filing officer for the City of Santa Clara.
SECTION 3: SAVINGS CLAUSE
Any changes provided for in this conflict of interest code shall not affect or excuse any offense or act committed or done or omission or any penalty or forfeiture incurred or accruing under any other conflict of interest code; nor shall it affect any prosecution, suite, or proceeding pending or any judgment rendered in connection with any other conflict of interest code.
Appendix A: On file in City Clerk’s Office
Appendix B: Attached
APPENDIX A
CITY OF SANTA CLARA CONFLICT OF INTEREST CODE
DESIGNATED POSITIONS REQUIRED TO FILE
Governing Bodies/Commissions Disclosure Category
Mayor 1
City Councilmembers 1
Civil Service Commission 1
Cultural Commission 1
Bayshore Project Enhancement Authority 1
Board of Library Trustees 1
Deferred Compensation Committee 1
Housing Authority 1
Housing Rehabilitation Loan Committee 1
Industrial Development Authority 1
Joint Financing Authority 1
Oversight Board for Successor Agency to the City of
Santa Clara Redevelopment Agency 1
Planning Commission 1
Public Facilities Financing Corporation 1
Parks and Recreation Commission 1
Salary Setting Commission 1
Sports and Open Space Authority 1
City Department
City Attorney’s Office
Assistant City Attorney 1
Chief Assistant City Attorney 1
City Attorney 1
Deputy City Attorney 1
Legal Executive Assistant 1
Risk Manager 1
Senior Counsel for SVP 1
City Clerk’s Office
Assistant City Clerk 1
City Clerk 1
Deputy City Clerk 1
City Manager’s Office
Assistant City Manager 1
Assistant to the City Manager 1
Chief Operating Officer 1
City Manager 1
Communications & Outreach Manager 1
Deputy City Manager 1
Development Project Manager 1
Director of Economic Development & Sustainability 1
Executive Assistant to the City Manager 1
Management Analyst 1
Public Information Officer 1
APPENDIX A
CITY OF SANTA CLARA CONFLICT OF INTEREST CODE
DESIGNATED POSITIONS REQUIRED TO FILE
City Department Disclosure Category
Community Development
Assistant Building Official 1
Assistant Director of Community Development 1
Assistant Planner I 1
Assistant Planner II 1
Associate Planner 1
Building Official 1
Code Enforcement Officer 1
Development Review Officer 1
Director of Community Development 1
Housing and Community Services Manager 1
Housing Development Officer 1
Inspection Manager 1
Management Analyst 1
Plan Review Manager 1
Planning Manager 1
Principal Planner 1
Senior Planner 1
Finance
Accounting Division Manager 1
Assistant Director of Finance 1
Budget and Treasury Division Manager 1
Contracts Manager 1
Deputy Director 1
Director of Finance 1
Management Analyst 1
Municipal Services Division Manager 1
Principal Accountant 1
Principal Financial Analyst 1
Purchasing Division Manager 1
Senior Management Analyst 1
City Auditor’s Office
Audit Manager 1
City Auditor 1
Management Analyst 1
Fire
Assistant Fire Marshal 1
Battalion Chief 2
Deputy Fire Chief 1
Deputy Fire Marshal 1
Fire Chief 1
Fire Marshal 1
APPENDIX A
CITY OF SANTA CLARA CONFLICT OF INTEREST CODE
DESIGNATED POSITIONS REQUIRED TO FILE
City Department Disclosure Category
Fire Con’t
Fire Protection Engineer 1
Fire Protection Specialist 1
Management Analyst 1
Human Resources
Assistant Director of Human Resources 1
Director of Human Resources 1
Human Resources Division Manager 1
Management Analyst 1
Information Technology
Dir. of Information Technology/Chief Information
Officer
1 Information Technology Service Manager 1
Senior Information Technology Services Manager 1
Library
Assistant City Librarian 1
City Librarian 1
Library Division Manager – Support Services 1
Management Analyst 1
Mayor and Council Office
Executive Assistant to Mayor and City Council 1
Parks and Recreation
Cemetery Operations Manager 1
Parks and Recreation Assistant Director 1
Management Analyst 1
Parks and Recreation Director 1
Parks Operation and Maintenance Manager 1
Recreation Division Manager 1
Parks Division Manager 1
Police
Assistant Police Chief - Sworn 1
Communications Operations Manager 1
Management Analyst – Non-Sworn 1
Police Captain - Sworn 3
Police Chief - Sworn 1
Police Records Manager – Non-Sworn 1
APPENDIX A
CITY OF SANTA CLARA CONFLICT OF INTEREST CODE
DESIGNATED POSITIONS REQUIRED TO FILE
City Department Disclosure Category
Public Works
Assistant Director 1
Assistant Director of Public Works /City Engineer 1
Building Maintenance Manager 2
Code Enforcement Officer 1
Code Enforcement Technician 1
Compliance Manager 1
Deputy Public Works Director 1
Division Manager 1
Director of Public Works 1
Environmental Programs Manager 1
Fleet Manager 1
Management Analyst 1
Principal Engineer 2
Principal Planner 1
Public Works Inspector 2
Senior Engineer 2
Transportation Manager 2
Water and Sewer
Assistant Director of Water & Sewer Utilities 1
Compliance Manager 1
Director of Water & Sewer Utilities 1
Management Analyst 1
Principal Engineer – Water and Sewer 1
Senior Administrative Analyst 1
Utility Systems Business Manager 1
Utility Operations Engineer 1
Water and Sewer Operations Manager 1
Water and Sewer Superintendent 1
Silicon Valley Power
Acting Assistant Director of Electric Utility 1
Compliance Manager 1
Director of Silicon Valley Power 1
Electric Division Manager - Engineering 1
Electric Division Manager - Generation 1
Electric Division Manager - Operations 1
Electric Division Manager - Substations 1
Electric Division Manager – Transm Distrib 1
Electric Division Mgr-Mkt A & P 1
Electric Division Manager 1
Electric Program Manager 4
Electric Utility Chief Operating Officer 1
Electric Utility Risk Control Analyst 1
Power System Scheduler/ Trader 1
APPENDIX A
CITY OF SANTA CLARA CONFLICT OF INTEREST CODE
DESIGNATED POSITIONS REQUIRED TO FILE
City Department Disclosure Category
Silicon Valley Power Con’t
Power Trader 1
Principal Electric Utility Engineer 1
Principal Power Analyst 1
Principal Utility Information Systems Manager 4
Senior Power System Scheduler/Trader 1
Senior Electric Division Manager 1
Other
Consultant/New Positions* 1
As defined in 2 Cal. Code of Regs. Section 18700.3, as may be amended from time to time, "Consultant" means an individual who, pursuant to a contract with a state or local government agency:
(A) Makes a governmental decision whether to:
1. Approve a rate, rule, or regulation;
2. Adopt or enforce a law;
3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement;
4. Authorize the agency to enter into, modify, or renew a contract provided it is the type of contract that requires agency approval;
5. Grant agency approval to a contract that requires agency approval and to which the agency is a party, or to the specifications for such a contract;
6. Grant agency approval to a plan, design, report, study, or similar item;
7. Adopt, or grant agency approval of, policies, standards, or guidelines for the agency, or for any subdivision thereof; or
(B) Serves in a staff capacity with the agency and in that capacity participates in making a governmental decision as defined in Regulation 18702.2 or performs the same or substantially all the same duties for the agency that would otherwise be performed by an individual holding a position specified in the agency's Conflict of Interest Code under Government Code Section 87302. *Consultants/New Positions are included in the list of designated positions and 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 or new position, although a “designated person” is hired to perform a range of duties that are limited in scope and thus is not required to comply with the disclosure requirements described in this section. Such determination shall include a description of the consultant’s or new position’s duties, and based upon that description, a statement of the extent of disclosure requirements. The City Manager’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. (Gov. Code Sec. 81008)
APPENDIX B
MASTER LIST OF DISCLOSURE CATEGORIES
Category 1 - All designated employees in this category shall disclose all sources of income, investments, interests in real property, and business positions required to be disclosed of those public officials named in Government Code section 87200.
Category 2 - All designated employees in this category shall disclose all sources of income, investments and business entities in which the designated employee holds a management position if the business entity engages in land development; construction; the provision of architectural, engineering or other services in connection with construction; the manufacture or sale of electrical, plumbing and other products used in construction; the acquisition or sale of real property or financing of land acquisition, development or construction.
Category 3 - All designated employees in this category shall disclose all sources of income, investments, and business entities in which the designated employee holds a management position if the business entity is of the type which contracts with the City of Santa Clara to provide services, supplies, materials, machinery or equipment.
Category 4 - All designated employees in this category shall disclose all sources of income, investments, and business entities in which the designated employee holds a management position if the business entity is of the type which contracts with the designated employee's department.