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Home My Public Portal About20070124 - Resolution - Board of Directors (BOD) Cover Sheet for Scanning by ECS Originating Department General Manager Laserfiche Template Board of Directors Template Fields Document Date: 1/24/2007 Document Type: Resolution Preserve Name: Keywords (no more than 4): Amend Conflict of Interest Code Project Name: Project Number; Vendor or Other Party: Name (First): Name (Last): Address: APN Number: Document No. 07-03 Additional Field: Additional Field: Additional Field: Additional Field: RESOLUTION NO. 07- 03 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on January 24, 2007 at a Special and Regular Meeting thereof, by the following vote: AYES: J. Cyr, M. Davey, N. Hanko, L. Hassett, K. Nitz, C. Riffle, P. Siemens NOES: None ABSTA IN: None ABSENT: None ATTEST: A PROVED: Secretary residen Board of Directors Board of Directors I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above day. Distri erk RESOLUTION 07- 03 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AMENDING CONFLICT OF INTEREST CODE WHEREAS, by Resolution No. 00-73 the Board of Directors of the Midpeninsula Regional Open Space District adopted a conflict of interest code pursuant to the Political Reform Act of 1974; and WHEREAS, Government Code Section 87306.5 requires a biennial review of the District's Conflict of Interest Code; and WHEREAS, the District, in accordance with Commission Regulation 18750.1 (2 Cal. Code of Regs. Sec. 18750.1), has prepared code amendments, noticed affected employees and the public of its intent to amend the code, and conducted a public hearing to consider the amendments; NOW, THEREFORE, the Board of Directors of the Midpeninsula Regional Open Space District does hereby resolve to repeal Resolution No. 00-73 and adopt the amended Conflict of Interest Code as contained herein, to be effective on the thirtieth day following approval of the District's amended code by the Fair Political Practices Commission. Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CONFLICT OF INTEREST CODE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT The Political Reform Act, Government Code Sections 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 Ca. Code of Regulations Section 18730, which contains the terms of a standard Conflict of Interest Code, which can be incorporated by reference and which may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and hearings. Therefore, the terms of 2 Ca. Code of Regulations Section 18730 and any amendment to it duly adopted by the Fair Political Practices Commission, along with the attached appendix 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 of the Midpeninsula Regional Open Space District, except as provided below. Designated employees shall file their statements with the Midpeninsula Regional Open Space District who will make the statements available for public inspection and reproduction. (Gov. Code Section 81008). Statements for all designated employees will be retained by the agency. Exception: The portion of land located within the District boundaries or sphere of influence, or within two miles of the District's boundaries or sphere of influence, or within two miles of any land owned by the District used primarily as the residence of the designated position, including up to three acres in area surrounding such residence,shall not be considered an"interest in real property" for the purposes of this Code and need not be reported, but the rest of any such land shall be reported and its value declared. 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:650-691-1200 Fax:650-691-0485 • E-mail: lnfo@openspace.org • Web site: www.openspace.org CONFLICT OF INTE REST CODE FOR THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT I i APPENDIX Assigned Disclosure Designated Positions Categories Board Members 1,2, 3 General Manager 1,2 3 Land Real Property Manager 1,2, 3 Planning Manager 1,2, 3 Operations Manager 1,2, 3 Public Affairs Manager 1,2, 3 Administration and Human Resources Manager 1, 2 3 Legal Geunsel General Counsel 1,2, 3 Controller` 1,2, 3 Senior Administrative Assistant a 2 3 AdministFative Mana ement Analyst 2,3 2,3 Maintenance and Resource Supervisor Supervising Patrol Ranger 2,3 Support Services Supervisor 2, 3 Planning Technician 2, 3 Resource Planner 1,2, 3 Senior Planner 1,2, 3 Area Superintendent 1,2, 3 Open ace Planner 1 1 2 3 Open Space Planner II 1,2, 3 Senior Planner 1,2, 3 Area Superintendent 1,2, 3 Assistant General Counsel 1,2,3 Consultant- 1,2, 3 Assistant General Manner 1 2 3 Senior Real Property Planner 1,2, 3 R source Mana ement Specialist 1 2 3 Land Protection Specialist 1 2 3 Real Property Specialists 1,2, 3 Communily Affairs Supervisor 2, 3 Public Affairs Specialist 2 3 Resource Specialist I/Resource Planner 1 1 2 3 Amended 12/06 DISCLOSURE CATEGORIES Category I —Interests in real property are reportable interests if: A. The real property to which the interest pertains is located in whole or in part within the District's boundaries or sphere of influence, or within two miles of the District's boundaries or sphere of influence, or within two miles of any land owned by the District. Ownership shall include an easement, leasehold, beneficial or legal interest, or option to acquire such interest. B. For purposes of this category, "interest in real property" does not include property used exclusively as the personal residence of the filer, including the residence and up to three acres in area surrounding the residence. The remainder of any such land, if any, shall be reported and its value declared Category 2 A. Investments and business positions in any business entity which is engaged in business within the District and which is of the type which has contracted with the District to provide employee testing or training, professional services, consulting services, financial services, other services, supplies, materials, machinery, books, uniforms, publications, equipment, vehicles or insurance. B. Investments or business positions in business entities which engage in the design, planning, engineering, construction, materials supply or project management of private or public construction projects with the District. C. Investments or business positions in business entities that engage in the business of brokerage, acquisition, leasing, marketing of disposal of real property within the District. D. Investments of business positions in business entities which, within the District, engage in the preparation of reports, surveys, evaluations or investigations of the type used by the District, including environmental documents such as environmental Impact Reports, real property appraisals land surveys, environmental assessments, hazardous waste investigations, percolation evaluations, engineering reports, biological assessments, geologic or hydrologic evaluations, or evaluation of the physical condition of real property. Category 3 A. Income from any source which provides employee testing or training, professional services, consulting services, financial services, other services, supplies, materials, machinery, books, uniforms, publications, equipment, vehicles or insurance within the District. Amended 12/06 B. Income from sources which engage in the design, planning, engineering, construction, materials supply or project management of private or public construction projects within the District. C. Income from sources that engage in the business of brokerage, acquisition, leasing, marketing, or disposal of real property within the District. D. Income from sources which, within the District, engage in the preparation of reports, surveys, evaluation or investigations of the type used by the District including environmental documents such as Environmental Impact Reports, real property appraisals, land surveys, environmental assessments, geologic or hydrologic evaluations, or evaluations of the physical condition of real property. * Controller: Manages public investment. ** Consultant Disclosure Category Consultant 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 general manager 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 fully comply with the disclosure requirements in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The general manger'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. Amended 12/06 I