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HomeMy WebLinkAboutTC Res 2016-09-21 (3)RESOLUTION NO. 25-2016 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REPEALING RESOLUTION NO. 40-2014 AND UPDATING THE TOWN'S CONFLICT OF INTEREST CODE WHEREAS, in 1980 the Town Council adopted Resolution No. 1094 which incorporated by reference the Fair Political Practices Commission's (FPPC) model Conflict of Interest Code (Title 2, Division 6, Section 18730 of the California Code of Regulations), including appendices detailing which positions must file an annual disclosure statement and what interests must be disclosed; WHEREAS, since 1980, the Town Council has amended its Conflict of Interest Code in 1991, 1997, 1998, 2002, 2004, 2006, 2008, 2010, 2012 and 2014; WHEREAS, Section 87302 of the California Goverrunent Code requires the Town to designate other positions within the Town that are required to file disclosure statements; and WHEREAS, the Town Attorney and Town Clerk have reviewed the Town's code and recommend amendment to delete the IT Coordinator from having to file under General Management in Appendix B, Section 2(C). NOW, THEREFORE, the Town Council of the Town of Tiburon RESOLVES as follows: 1) Resolution No. 40-2014 is hereby repealed and replaced by this resolution; 2) The FPPC's Model Conflict of Interest Code as set forth in Section 18730 shall continue to be incorporated by reference as the Town's Conflict of Interest Code, together with the appendices attached hereto and incorporated herein by reference; 3) The Town Clerk continues to be designated as the filing officer for the Town. 1 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on September 21, 2016, by the following vote: AYES: COUNCILMEMBERS: Doyle, Fraser, Fredericks, O'Donnell, Tollini NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ERIN TOLLINI, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, T WN CLERK 2 APPENDIX "A" DESIGNATED POSITIONS DISCLOSURE CATEGORIES (Unless otherwise specified, Government Code Section 87200 filers must review all schedules on Form 700. See Appendix "C" for specific disclosure categories.) Members of the following: 1. BOARDS & COMMISSIONS A. Town Council B. Planning Commission 2. GENERAL MANAGEMENT A. Town Manager B. Town Treasurer 3. TOWN ATTORNEY Form 700 Form 700 Form 700 Form 700 Form 700 3 APPENDIX "B" DESIGNATED POSITIONS DISCLOSURE CATEGORIES (Unless otherwise specified, review all schedules on Form 700. See Appendix "C" for specific disclosure categories.) Members of the following: 1. BOARDS & COMMISSIONS A. Design Review Board 2 B. Parks, Open Space & Trails 2 C. Heritage & Arts Commission 4 D. Building Code Appeals Board 2 2. GENERAL MANAGEMENT A. Director of Administrative Services 1 B. Town Clerk 3 C. Management Analyst 3 3. DEPT. OF COMMUNITY DEVELOPMENT A. Director of Community Development 1 B. Planning Manager 1 C. Associate Planner 2 D. Assistant Planner 2 E. Contract Planner 2 F. Building Official 2 G. Building Inspector 2 4. PUBLIC WORKS DEPARTMENT A. Dir. of Public Works/Town Engineer Form 700 B. Superintendent of Public Works 4 5. POLICE DEPARTMENT A. Chief of Police B. Police Captain 4 4 6. CONSULTANTS As deemed applicable by Town Manager 4 APPENDIX "C" DISCLOSURE CATEGORIES A. APPROPRIATE FORM All persons holding offices or positions specified in Government Code Section 87200 shall file FPPC Form 700 for purposes of complying with the financial disclosure requirements of the Conflict of Interest Code. All other positions and offices designated in Appendix "B" shall only file the appropriate schedules in Form 700 based on the disclosure categories listed below. B. DISCLOSURE CATEGORIES Category 1: Interests in real property located within the jurisdiction or within two miles of the boundaries of the jurisdiction or within two miles of any land owned or used by the agency; and investments and business positions in business entities, and income, including loans, gifs, and travel payments, from all sources. Category 2: Interests in real property located within the jurisdiction or within two miles of the boundaries of the jurisdiction or within two miles of any land owned or used by the agency with the exception of a home used exclusively as a personal residence. Category 3: Investments and business positions in business entities, and income, including loans, gifts, and travel payments, from sources that provide services, supplies, materials, machinery, or equipment of the type utilized by the agency. Category 4: Investments and business positions in business entities, and income, including loans, gifts, and travel payments from sources that provide services, supplies, materials, machinery, or equipment of the type utilized by the designated position's division or department. 5