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ATTACHMENT 1 RESOLUTION NO. 18- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON • AMENDING RESOLUTION NO. 16-888 TO REMOVE MEMBERS OF ECONOMIC VITALITY COMMITTEE FROM THE LIST OF DESIGNATED POSITIONS REQUIRED TO FILE STATEMENTS OF ECONOMIC INTERESTS WHEREAS, the California Political Reform Act, Government Code Section 81000 et seq., requires the City of Pleasanton to adopt a Conflict of Interest Code for the City; and WHEREAS, the Conflict of Interest Code must designate employees and officials involved in governmental decision-making to make certain disclosures regarding their sources of income, such as investments, interests in real property and business positions held outside of their employment with the City, in order to avoid potential conflicts of interest; and WHEREAS, until recently, members of the Economic Vitality Committee (EVC) were not designated in the City's Conflict of Interest Code. However, in the last biennial review of the City's Conflict of Interest Code, members of the EVC were added to the Code and are now required to file Statements of Economic Interest. Members of the EVC were added primarily to maintain consistency with other City committees, boards, and commissions, which are designated in the Code; and WHEREAS, after adding members of the EVC to the City's Conflict of Interest Code, staff received a number of inquiries from members of the EVC questioning this decision. After additional review, staff concluded that, based on regulations of the Fair Political Practices Commission (FPPC), the EVC is solely advisory in nature for purposes of the Political Reform Act; and WHEREAS, while staff also requested formal advice from the FPPC on this issue, the FPPC declined to render advice, stating that "as the "code reviewing body" the City Council of the City of Pleasanton makes the determination regarding whether or not members of the Economic Vitality Committee are "designated employees" subject to the city's conflict-of-interest code"; and WHEREAS, since the EVC does not possess decision-making authority for the purposes of the Political Reform Act, members of the EVC should be removed from the City's Conflict of Interest Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pleasanton, that the attached Appendix A of Resolution No. 16-888 is hereby amended to remove members of the Economic Development Committee from the list of designated positions. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Pleasanton at a regular meeting held on January 16, 2018.