HomeMy Public PortalAboutResolution - 74-03- 19740313 - Adopt Conflict of InteresRESOLUTION NO. 74-3
A RESOLUTION OF THE MIDPENINSULA REGIONAL
PARK DISTRICT ADOPTING GUIDELINES FOR
IMPLEMENTATION OF THE GOVERNMENTAL CONFLICT
OF INTERESTS ACT (DIVISION 4.5, TITLE 1,
CALIFORNIA GOVERNMENT CODE ADDED BY CHAPTER
1166 OF THE 1973 STATUTES)
THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL PARK
DISTRICT DOES RESOLVE AS FOLLOWS:
Section 1. Purpose and Effect.
Pursuant to Section 3626 of the Government Code, the Midpenin-
sula Regional Park District hereby adopts the following guide-
lines for its public officials in their determination of
whether they have an economic interest or interests which are
in substantial conflict with their official duties and powers
under Section 3625(a) and in determining whether they have
an economic interest in matters for purposes of Section 3625(b).
Nothing contained herein is intended to modify or abridge the
provisions of the Governmental Conflict of Interests Act,
Sections 1090 through 1097 or any other provisions of law
pertaining to conflict of interests. This resolution shall
be interpreted in a manner consistent therewith, Nothing
contained herein shall be deemed adopted pursuant to or in
implementation of Section 3603 or Section 3704. All numerical
section references cited in the body of this resolution. are to
the Government Code unless otherwise specified.
Section 2. Designation of Officials.
The'loublic officials," "officials," and "elective and appoin-
tive officers" subject to the provisions of Section 3625 are:
1. Board of Directors
2. General Manager
3. Assistant General Manager
4. Controller
5. Counsel, to the extent Section 3626 is applicable.
Section 3. Deputies.
A deputy or assistant of any of the officers designated in
Section 2 who is empowered to act in the place of the officer
shall be subject to the provisions of Section 3625.
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Section 4. Substantial Conflict.
An economic interest in substantial conflict with the proper
exercise of an official's duties within the meaning_;of
Section 3625(a) shall not be deemed to exist unless the
official would be required to disqualify himself under
Section 3625(b) on a continuous and regular basis from
activities and actions which constitute a major and signifi-
cant portion of his official duties and thereby impair his
ability to function effectively and fulfill the duties of
the office.
Section 5. Material Economic Effect.
An action or decision shall not be deemed to have a material
effect on an economic interest unless the official has reason
to believe that, by reason of the action or decision, an
investment, or interest in real property, may increase or
decrease in value, other than negligibly, or a business
entity from which the official derives income or in which
he holds a position of employment or management will gain
or lose monetarily, other than negligibly. An increase or
decease of less than one percent of the value of an invest-
ment, interest in real property, or business entity, shall
be deemed negligible.
Section 6. Ministerial and Clerical Duties.
Section 3625(b) shall apply only to actions which involve
discretion or judgment, It does not apply to actions which
are solely ministerial or clerical.
Section 7. Participation.
(a) The terms "participate," and"attempt to influence" as
used in Section 3625(b) shall be deemed to include the
following:
1. Participation in debate or deliberations
or voting.
2. Preparation of oral or written reports.
3. Rendition of oral or written advice.
4. Testimony before a public agency as a part
of official duties.
5. Discussions with any official who must
decide the matter.
6. Submission of letters or other documents to
any official who must decide the matter.
7. Issuance or denial of official approvals.
(b) Nothing contained herein or in Section 3625 shall abridge
the right of any citizen, whether or not a public official,
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to submit information or express views on the same basis
as may other private citizen, provided such is done in
public and the person indicates that he is acting in a
private capacity.
(c) An official directly involved in a matter, whether as
a party, an applicant or otherwise, may, in his private
capacity, provide whatever information is necessary and
perform any other steps which are required of other citizens
in the same situation, individually or by counsel. He may
not, however, discuss the matter privately with officials
who must decide the matter.
Section 8. Necessity.
(a) An official shall not be subject to Section 3625(b)
with respect to any matter which cannot be legally acted
upon or decided without his participation.
(b) Section 3625(d) shall apply where:
1. A statutory quorum or a simple majority cannot be
achieved by continuance for a reasonable time or
within legally mandated time limits; or
2. More than a simple majority vote is required to
take a proposed action and the number of officials
entitled to vote is less than the number of votes
required for the action to be taken; or
3. The official is, by law, the sole officer who can
perform the action or make the decision.
(c) In cases where Subsections 8(b) (1) or 8(b) (2) of this
ordinance apply, all otherwise disqualified officials shall
be entitled to participate.
(d) In all cases involving exceptions hereunder, the official
shall comply with Section 3625(d).
Section 9. Disqualification.
An official who refrains from acting in accordance with
Section 3625(b) need not declare the nature of the interest
which disqualifies him.
Section 10. Limitations on Actions.
(a) No action shall be brought pursuant to Section 3751 of
the Government Code to restrain the execution of or to set
aside as void any decision, contract, order, permit, ordinance,
resolution or other official action unless the complaint or
petition has been filed and served on the administrative
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secretary of the District within thirty (30) days following
the decision, contract, order, permit, ordinance, resolution
or other official action.
(b) No action shall be brought pursuant to Section 3751 of
the Government Code to enjoin an official from violating or
to compel an official to comply with the provisions of the
Governmental Conflict of Interests Act or of this resolutiop,
unless the complaint or petition has been filed and served
within 180 days after the violation of Section 3625 has
occurred.
Section 11. Severability.
If any section, subsection, sentence, clause or phrase of
this resolution is for any reason held by a court of competent
jurisdiction to be invalid, such decision shall not affect
the validity of the remaining portions of this resolution. The
Board of Directors hereby declares that it would have passed
this resolution and each section, subsection, sentence,
clause and phrase thereof, irrespective of the fact that any
one or more section, subsection, sentence, clause or phrase
be declared invalid.
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RESOLUTION NO. 74-3
PASSED AND ADOPTED by the Board of Directors of the
Midpeninsula Regional Park District on March 13 , 19 74
at a regular meeting thereof, by the following vote:
AYES: Condron, Duffy, Hanko, Wendin
NOES: None
ABSTAIN:
ABSENT: Peters
ATTEST: APPROVED:
Secretary
It €.fle,4
President, Board of Directors
I, the Secretary of the Midpeninsula Regional Park District,
hereby certify that the above is a true and correct copy of a resolu-
tion duly adopted by the Board of Directors of the District by the
above vote at a meeting thereof duly held and called on the above
date.
Secretary