CC Resolution No. 24-083 rescinding Resolution No. 22-120 and amending the City of Cupertino Conflict of Interest Code for officials and designated employeesRESOLUTION NO. 24-083
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 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, as well as Statements of Economic Interest from current City
officials, officers 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 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 That Resolution No. 22-120 is hereby rescinded; and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. 24-083
Page 2
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: Mohan, Fruen, Chao, Moore
NOES: None
ABSENT: Wei
ABSTAIN: None
SIGNED:
Sheila Mohan, Mayor
City of Cupertino
ATTEST:
9/11 /2024
Date
9/11/2024
Kirsten Squarcia, City Clerk Date
L
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.
Name of Agency:
Mailing Address:
Contact Person:
Email
2024 Local Agency Biennial Notice
City of Cupertino
10300 Torre Avenue Cupertino, CA 95014
Kirsten Squarcia
KirstenS@cupertino.gov
Phone No.
Alternate Email:
408-377-3200
Accurate disclosure is essential to monitor whether officials have conflicts of interest and to
help ensure public trust in government. The biennial review examines current programs to
ensure that the agency's code includes disclosure by those agency officials who make or
participate in making governmental decisions.
This agency has reviewed its conflict of interest code and has determined that (check one BO)g:
*An amendment is required. The following amendments are necessary:
(Check all that apply.)
,4? Include new positions
■ Revise disclosure categories
,* Revise the titles of existing positions
m Delete titles of positions that have been abolished and/or positions that no longer make or
participate in making gov rnmental decisio, s
Other (describe) j C;e,
The code is currently under review by the code reviewing body.
No amendment is required. (If your code is over five years old, amendments may be
necessary.)
Verification (to be completed if no amendment is required)
This agency's code accurately designates all positions that make or participate in the making of governmental
decisions. The disclosure assigned to those positions accurately requires that all investments, business
positions, interests in real property, and sources of income that may foreseeably be affected materially by the
decisions made by those holding designated positions are reported. The code includes all other provisions
required by Govern me t'Code Section 87302.
Signs ure of Chief Executive Officer Date
All agencies must complete and return this notice regardless of how recently your code was approved or
amended. Please return this notice no later than October 1, 2024, or by the date specified by your agency, if
earlier, to:
(PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE)
PLEASE DO NOT RETURN THIS FORM TO THE FPPC.
www.fppc.ca.gov
FPPC Advice: advice(a)fppc.ca.gov (866.275.3772)
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