HomeMy WebLinkAboutResolution No. THCA 2022-19RESOLUTION NO. THCA 2022-19
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TRES HERMANOS CONSERVATION AUTHORITY
ADOPTING THE 2022 CONFLICT OF INTEREST CODE IN
ACCORDANCE WITH THE POLITICAL REFORM ACT.
WHEREAS, the City of Industry, City of Chino Hills, and City of Diamond Bar
entered into the Amended and Restated Tres Hermanos Conservation Authority Joint
Powers Agreement ("Agreement") on February 5, 2019; and
WHEREAS, Section 3.15 entitled "Political Reform Act" of the Agreement, states
the Board of Directors, shall adopt a Conflict of Interest Code; and,
WHEREAS, the Board of Directors, in accordance with the Political Reform Act,
shall conduct a review of the Conflict of Interest Code biennially.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE TRES HERMANOS
CONSERVATION AUTHORITY DOES HEREBY FIND, RESOLVE, DETERMINE, AND
ORDER AS FOLLOWS:
Section 1. The Board of Directors finds and declares as follows:
A. The Political Reform Act ("PRA"; Gov't. Code §§ 81000, et seq.) and
regulations adopted pursuant to the PRA (Fair Political Practices Commission
(FPPC) Regs.; 2 Cal. Code of Regs. §§ 18700, et seq.) requires local
governments to adopt conflict of interest codes.
B. Section 18730 of the FPPC Regs. sets forth a standard conflict of interest code
that may be adopted by local agencies.
C. To fulfill its obligations under the PRA and PPP(' Regs, the Board of Directors
will adopt a new Conflict of Interest Code as set forth below.
Section 2. Pursuant to FPPC Regs. § 18730, the Board of Directors of the Tres
Hermanos Conservation Authority adopts a Conflict of Interest Code to read as follows:
CONFLICT OF INTEREST CODE FOR THE
TRES HERMANOS CONSERVATION AUTHORITY
A. Incorporation of Standard Code.
Under the terms of the Political Reform Act (Gov't Code §§ 81000 et seq.) and
regulations promulgated by the FPPC (2 Cal. Code of Regs. §§ 18700, et seq.),
the Board of Directors is required to adopt a Conflict of Interest Code. The Board
of Directors of the Tres Hermanos Conservation Authority incorporates by
reference 2 Cal. Code of Regs. § 18730, and its amendments, into this Conflict of
Interest Code including, without limitation, the designation of officials and
Resolution No. THCA 2022-19
employees and the disclosure categories set forth below (collectively, "the Conflict
of Interest Code").
B. Filing of Statements
The Directors, and their alternates, shall be considered public officials within the
meaning of the Political Reform Act of 1974, as amended, and its regulations, for
the purposes of financial disclosure, conflict of interest and other requirements of
such Act and regulations and shall file annual statements of economic interest as
required, along with any other officers of the Authority who may be required to do
so with the assigned Filing Officer. After receiving Statements of Economic
Interests from Board Members, Filing Officer, must maintain the original record for
the Authority files. Other persons working for or on behalf of the Authority may be
required to file such statements in accordance with the Authority's conflict of
interest code.
Under Government Code § 82011(a), the FPPC is the code reviewing body with
respect to the Conflict of Interest Code.
C. Review Procedure
Under Government Code § 87306.5, not later than July 1 of each even numbered
year, the Board of Directors must direct the Filing Officer, to review the Conflict of
Interest Code, The Filing Officer must submit an amended Conflict of Interest
Code to the FPPC if a change in the Conflict of Interest Code is necessitated by
changed circumstance. If changes are not required, the Filing Officer must submit
a written statement to that effect to the FPPC not later than October 1 of the same
year.
D. Designated Positions
The positions attached to this Resolution as Exhibit A entail the making or
participation in the making of decisions that may have a foreseeable material effect
on the officials or officer's financial interests.
E. Categories of Reportable Economic Interests
Designated positions shall file according to their respective disclosure categories
as shown on Exhibit B. Disclosure Category Definitions are outlined on Exhibit C.
F. Disclosure Requirements
Designated employees must disclose all interests as required by the Political
Reform Act and regulations promulgated thereto. When a new position
classification is created by the Authority, the Executive Director will decide whether
the new position will be required to file a Statement of Economic Interest and be
included as a designated position in the Conflict of Interest Code.
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Resolution No. THCA 2022-19
Section 3. This Resolution will become effective immediately upon adoption.
Section 4. The Secretary shall certify as to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 9tn day of November 2022.
Cathy Ma°r�ucciI Chair
Tres Hermanos Conservation Authority
ATTEST:
I, Kristina Santana, Secretary of the Tres Hermanos Conservation Authority, do
hereby certify that the foregoing Resolution No. THCA 2022-19 was duly and regularly
passed, approved and adopted by the Board of Directors of the Tres Hermanos
Conservation Authority, at its regular meeting held on the 9th, day of November 2022, by
the following roll call vote:
AYES: DIRECTORS: MARQUEZ, MOSS, RUGGLES, TYE, VICE -CHAIR
LYONS, CHAIR MARCUCCI
NOES: DIRECTORS: NONE
ABSENT: DIRECTORS: ROGERS
ABSTAIN: DIRECTORS: NONE
Kristina Santana, Secretary
Tres Hermanos Conservation Authority
EXHIBIT A
CONFLICT OF INTEREST CODE FOR Inc:
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 of Reg.
Section 18730) that contains the terms of a standard conflict of interest code. It can be
incorporated by reference in an agency's code. After public notice and hearing, the
standard code may be amended by the Fair Political Practices Commission to conform to
amendments in the Political Reform Act. Therefore, the terms of 2 Cal. Code of Regs.
Section 18730 and any amendment to it duly adopted by the Fair Political Practices
Commission are hereby incorporated by reference. This regulation and the attached
Appendix, designating positions and establishing disclosure categories shall constitute
the conflict of interest code of the Tres Hermanos Conservation Authority (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.
Page 4 of 8
EXHIBIT B
DESIGNATED POSITIONS
Designated Position Disclosure
General Counsel
Consultant/New Positions"`
Category
1
*Consultants/new positions shall be 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 Executive Director may determine in writing that a particular consultant or new
position, 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 or new position'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 (Gov. Code Sec. 81008).
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Page 5 0f 8
Public Officials Who Manage Public Investments:
The following positions are not covered by the code because the positions manage
public investments. Individuals holding such positions must file under Government
Code Section 87200 and are listed for informational purposes only. Section 87200
requires disclosure of all investments and business positions in business entities, all
income, including gifts, loans and travel payments, and real property.
Alternate Board Director
Board Director
Board Members
Executive Director
Deputy Executive Director
Administrative Director
Treasurer and Auditor
Note: The Board Members and Alternates are elected officials from each member city.
Member cities include the City of Industry, City of Chino Hills, and City of Diamond
Bar. All other positions, except General Counsel and Consultants, are filled by
employees of their respective member city and act in a staff capacity for Tres Hermanos
Conservation Authority.
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Page 6 of 8
EXHIBIT C
CATEGORIES OF REPORTABLE ECONOMIC INTERESTS
Designated Persons in Category "1" Must Report:
All investments, business positions in business entities and sources of income (including
receipt of gifts, loans and travel payments). Real property located within the jurisdiction
as well as real property within two miles of the real property used or the potential site.
Designated Persons in Category "2" Must Report:
Investments and business positions in business entities and sources of income
(including receipt of gifts, loans and travel payments) if the business entity or source
provides leased facilities, products, equipment, vehicles, machinery or services
(including training or consulting services) of the type utilized by the Authority.
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This is the last page of the conflict of interest code for the Tres Hermanos Conservation Authority
CERTIFICATION OF FPPC APPROVAL
Pursuant to Government Code Section 87303, the conflict of interest code for the
Tres Hermanos Conservation Authority was approved on 9/28/22
This code will become effective on 10/28/22
DlgKally signed by Sukhdlp
S u k h d � p B rah Dale; 2022.09.28 13:36:30
.&00'
Sukhi K. Brar
Assistant Chief Counsel
Fair Political Practices Commission