HomeMy WebLinkAbout2002-01RESOLUTION NO. 2002-1
A RESOLUTION OF THE TRES HERMANOS CONSERVATION AUTHORITY
AMENDING RESOLUTION NO. 99-4 ESTABLISHING A CONFLICT OF INTEREST
CODE FOR DESIGNATED AUTHORITY PERSONNEL
A. Recitals.
(i) The Political Reform Act of 1974 California Government Code
Sections 81000, et. seq., has in the past and foreseeably will in the future require
conforming amendments to be made in Conflict of Interest Codes adopted and
promulgated pursuant to its provisions.
(ii) The Fair Political Practices Commission has adopted a regulation, 2
California Code of Regulations, Section 18730, which contains the terms of a standard
model Conflict of Interest Code, which can be incorporated by reference, and which will be
amended to conform to amendments in the Political Reform Act after public notice and
hearings conducted by the Fair Political Practices Commission pursuant to the
Administrative Procedure Act, California Government Code Sections 11370, at seq.
(iii) Incorporation by reference of the terms of the aforementioned
regulation and amendments to it in this Authority's Conflict of Interest Code will save this
Authority time and money by minimizing the actions required of the Authority to keep the
Code in conformity with the Political Reform Act.
(iv) Pursuant to the provisions of California Government Code Section
87311, a duly noticed public hearing was conducted and concluded prior to the Adoption
of this Resolution.
B. Resolution.
NOW, THEREFORE, the Board of Directors of the Tres Hermanos
Conservation Authority does hereby find, determine and resolve as follows:
1. In all respects as set forth in the Recitals, Part A, of this Resolution.
2. The terms of 2 California Code of Regulations Section 28730 and any
amendments to it duly adopted by the Fair Political Practices Commission, along with the
attached Appendices in which officials and employees are designated and disclosure
categories are set forth, are hereby incorporated by reference and constitute the Conflict
of Interest Code for the staff of the Tres Hermanos Conservation Authority.
3. Persons holding designated positions shall file statements of economic
interests pursuant to Sections 4 and 5 of the Conflict of Interest Code.
4. The Agency Secretary shall certify to the adoption of this Resolution.
PASSED, ADOPTED AND APPROVED this 25th day of March 2002.
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I, LYNDA BURGESS, Secretary of the Tres Hermanos Conservation
Authority, do hereby certify that the foregoing Resolution was passed, adopted and
approved at a regular meeting of the Board of Directors of the Tres Hermanos
Conservation Authority held on the 25th day of March , 2002, by the
following vote:
AYES: BOARD MEMBERS: Huff, Kruger, Vice Chair/Herrera,
Chair/Larson
NOES: BOARD MEMBERS: None
ABSENT: BOARD MEMBERS: Thalman
ABSTAINED: BOARD MEMBERS: None
ATTEST.
Secretary of the Tres Hd'rmanos
Conservation Authority
THCA Resolution No. 2002-01
CONFLICT OF INTEREST CODE FOR THE
TRES HERMANOS CONSERVATION AUTHORITY
The Political Reform Act, Government Code Section 81000, et seg., 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 Reg. 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 the amendments in the Political Reform Act.
Therefore, the terms of 2 Cal. Code of 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 Appendix in which members and employees are
designated and disclosure categories are set forth, constitute the Conflict of Interest Code
of the Tres Hermanos Conservation Authority.
Designated employees shall file statements of economic interests with the Authority
who will make the statements available for public inspection and reproduction (Gov. Code
Section 81008). Upon receipt of the statements of all designated positions, the Authority
shall make and retain a copy and forward the original to the Fair Political Practices
Commission.
DESIGNATED TRES HERMANOS CONSERVATION AUTHORITY
EMPLOYEES AND DISCLOSURE CATEGORIES
The following positions entail the making or participation in the making of decisions,
which may foreseeably have a material effect on financial interests:
Designated Position Disclosure Category
Alternate Board Director ........................................ 1,2
Board Director ................................................ 1,2
Executive Director ............................................. 1,2
Secretary ................................................... 1
Treasurer and Auditor .......................................... 1,2
General Counsel .............................................. 1,2
Consultant* .................................................. 1,2
'Consultant
Consultants shall be included in the list of designated employees and shall disclose
pursuant to the broadest disclosure category in the code subject to the following limitation:
The Executive Director 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 comply fully with the disclosure requirements described in this section.
Such determination shall include a description of the consultant's duties and, based upon
that description, a statement of the extent of disclosure requirements. The Executive
Director'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.
EXHIBIT "B"
CATEGORIES OF REPORTABLE ECONOMIC INTERESTS
Designated Persons in Category "1" Must Report:
All investments, interests in real property, income and any business entity in which
the person is a director, officer, partner, trustee, employee, or holds any position of
management. These financial interests are reportable only if located within and subject to
the jurisdiction of the Authority, or if the business entity is doing business or planning to do
business in an area subject to the jurisdiction of the Authority, or has done business within
an area subject to the jurisdiction of the Authority at any time during the two years prior to
the filing of the statement.
Designated Persons in Category "2" Must Report:
(a) All investments in real property located within or subject to the jurisdiction of
the Authority.
(b) Investments in any business entity which within the last two years has
contracted or in the future foreseeably may contract with the Authority.
(c) Income from any source which within the last two years has contracted or in
the future foreseeably may contract with the Authority.
(d) His or her status as a director, officer, partner, trustee, employee, or holder
of a position of management in any business entity which within the last two
years has contracted or in the future foreseeably may contract with the
Authority.
EXHIBIT "C"
82030. Income.
(a) "Income" means, except as provided in subdivision (b), a payment received,
including but not limited to any salary, wage, advance, dividend, interest, rent,
proceeds from any sale, gift, including any gift of food or beverage, loan, forgiveness
or payment of indebtedness received by the filer, reimbursement for expenses, per
diem, or contribution to an insurance or pension program paid by any person other
than an employer, and including any community property interest in the income of
a spouse. Income also includes an outstanding loan. Income of an individual also
includes a pro rata share of any income of any business entity or trust in which the
individual or spouse owns, directly, indirectly or beneficially, a ten (10) percent
interest or greater. "Income," other than a gift, does not include income received
from any source outside the jurisdiction and not doing business within the
jurisdiction, not planning to do business within the jurisdiction, or not having done
business within the jurisdiction during the two years prior to the time any statement
or other action is required under this title.
(b) "Income" also does not include:
(1) Campaign contributions required to be reported under Chapter 4
(commencing with Section 84100).
(2) Salary and reimbursement for expenses or per diem received from a state,
local, or federal government agency and reimbursement for travel expenses
and per diem received from a bona fide nonprofit entity exempt from taxation
under Section 501(c)(3) of the Internal Revenue Code. (See 26 U.S.C.A.
§501.)
(3) Any devise or inheritance.
(4) Interest, dividends, or premiums on a time or demand deposit in a financial
institution, shares, in a credit union or any insurance policy, payments
received under any insurance policy, or any bond or other debt instrument
issued by any government or government agency.
(5) Dividends, interest, or any other return on a security which is registered with
the Securities and Exchange Commission of the United States government
or a commodity future registered with the Commodity Futures Trading
Commission of the United States government, except proceeds from the sale
of these securities and commodities futures.
(6) Redemption of a mutual fund.
(7) Alimony or child support payments.
(8) Any loan or loans from a commercial lending institution which are made in the
lender's regular course of business on terms available to members of the
public without regard to official status if:
(A) The loan is secured by the principal residence of filer; or
(B) The balance owed does not exceed ten thousand dollars ($10,000).
(9) Any loan from or payments received on a loan made to an individual's
spouse, child, parent, grandparent, grandchild, brother, sister, parent -in-law,
brother-in-law, sister-in-law, nephew, niece, uncle, aunt, or first cousin, or the
spouse of any such person, provided that a loan or loan payment received
from any such person shall be considered income if he or she is acting as an
agent or intermediary for any person not covered by this paragraph.
(10) Any indebtedness created as part of a retail installment or credit card
transaction if made in the lender's regular course of business on terms
available to members of the public without regard to official status, so long
as the balance owed to the creditor does not exceed ten thousand dollars
($10,000).
(11) Payments received under a defined benefit pension plan qualified under
Internal Revenue Code Section 401(a). (See 26 U.S.C.A. §401.)
(12) Proceeds from the sale of securities registered with the Securities and
Exchange Commission of the United States government or from the sale of
commodities futures registered with the Commodity Futures Trading
Commission of the United States government if the filer sells the securities
or the commodities futures on a stock or commodities exchange and does
not know or have reason to know the identify of the purchaser.
DECLARATION OF EXECUTIVE DIRECTOR
The proposed Conflict of Interest Code specifically enumerates each of the positions
within the Authority which involve the making or participating in the making of decisions
which may foreseeably have a material financial effect on any financial interest. The
Authority has satisfied all of the requirements of Title 2, Division 6 of the California Code
of Regulations §18750.1(b) preliminary to approval of the proposed Code.
Date: c