Loading...
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. -1- 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, -2- 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 �. " lf. 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. * * * * * * * * * * 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