HomeMy Public PortalAboutResolution - 76-23- 19760825 - Adopt Political Reform A/17_
RESOLUTION NO. 76-23
PASSED AND ADOPTED :ay the Board of Directors of the Midpeninsula
Regional Park Distr:i-.ct on August 25 1976 , at a regular
meeting thereof, by the following vote:
AYES: N. Hanko, D. Wendin, B. Green, K. Duffy, H. Turner and G.
Seager
NOES: None
ABSTAIN: None
ABSENT: E. Shelley
ATTEST:
S4/6/2--/-i,-rt-e 772, ecretary, Board of tors
APPROVED.: ^:
sident, Boar
"74°A°.4
of1irectors
I, the District Clerk of the Midpeninsula Regional Park District,
hereby certify that the above is a true and correct copy of a
resolution 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.
District Clerk
RESOLUTION NO. 76-23
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE MIDPENINSULA REGIONAL PARK
DISTRICT ADOPTING POLICY TO COMPLY
WITH PORTIONS OF POLITICAL REFORM
ACT OF 1974
WHEREAS, the People of the State of California at the
statewide primary election of June 4, 1974, approved the Politi-
cal Reform Act of 1974 (Proposition 9) which added Title 9 to the
Government Code of California and which related, among other things,
to regulation of campaign funds, lobbyists, conflicts of interests,
and preparation of ballot pamphlets, and
WHEREAS, Article 3 (commencing with Section 87300) of
Chapter 7 of said Title 9 requires each local agency to adopt and
promulgate a Conflict of Interest Code providing for the disclosure
of reportable investments, interests in real property and income,
and
'WHEREAS, pending the completion and approval of such code
the Board of Directors of the Midpeninsula Regional Park District
wishes to further the purposes of said Act and to develop and main-
tain public confidence and trust in the elected representatives of
this District, by encouraging members of the Board of Directors and
candidates for such positions to disclose financial interests which
may be materially affected by decisions of the Board.
NOW, THEREFORE, the Board of Directors of the Midpenin-
sula Regional Park District does resolve and adopt as interim policy
the following:
Section 1. Definitions
As used in this Resolution, unless the context other-
wise clearly implies, the following words and terms shall have the
meaning set forth herein
a. Business entity. "Business entity" means any
organization or enterprise operated for profit,
including but not limited to a proprietorship, part-
nership, firm, business trust, joint venture, syndi-
cate, corporation or association.
b. Designated position. "Designated position" means
each member of the Board of Directors of the Midpen-
insula Regional Park District and each dandidate for
election or appointment to such position, including
candidates who are incumbents.
c. Disclosure statements. "Disclosure statements"
means statements disclosing reportable interests re-
quired by Section 2 to be filed by designated positions.
d. Reportable interests. "Reportable interests"
means investments, interests in real property and
income required to be disclosed by designated posi-
tions as described in Exhibit A, attached hereto,
where such financial interest may foreseeably be af-
fected materially by any decision made or participated
in by the designated position by virtue of his or her
position.
e. Incorporated definitions. Except as otherwise
indicated, the definitions contained in the Politi-
cal Reform Act of 1974 (Gov. C. Sec. 81000, et seq.)
and Regulations adopted pursuant thereto are incor-
porated into this Resolution.
Section 2. Disclosure
a. Disclosure Statements Each designated position
shall file an initial statement and annual statements
thereafter disclosing those reportable interests in
the category or categories of real property, invest-
ments, and income as set forth in Exhibit "A". In
the event a designated position does not have any such
reportable interests, the filing of a statement to that
effect shall be sufficient. Such statements shall, be
filed at the place specified in Section 2.b and at
the times specified in Section 2.c and shall be in the
form specified in Section 2.d.
b. Place of Filing. Disclosure statements shall be
filed, in the original, with the District Clerk.
c. Time of Filing. Each designated position hav-
ing reportable interests shall file an initial
disclosure statement within thirty (30) days after
the adoption of this Resolution. Candidates shall
file upon the filing of their nomination papers or
their applications to fill a vacancy. Thereafter,
a disclosure statement shall be filed on or before
November 30 following each annivarsary date of
such person's being elected or appointed to office by
each designated position who acquired, received or
held a reportable interest at any time during the
preceding year, whether or not such reportable inter-
est was disposed of during such calendar year and
whether or not the designated position filed an
initial statement.
Each designated position shall file a disclosure
statement within thirty (30) days after leaving a
designated position disclosing his or her reportable
interests in real property, investments and income
during the period since the previous statement was
filed or if none during the previous year.
d. Form of Disclosure Statements Disclosure state-
ments required to be filed hereunder for any cate-
gory of reportable interests shall be substantially
in the form approved by the Fair Political Practices
Commission and by this Board.
Section 3. Disqualification
a. General Rule Designated positions shall dis-
qualify themselves from making or participating
in the making of any governmental decision when
the designated position has a financial interest
which it is reasonably foreseeable may be materially
affected, in a manner distinguishable from its effect
on the public generally, by the decision. A desig-
nated position shall not be required to disqualify
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himself or herself with respect to any matter which
could not be legally acted upon or decided without
his or her participation.
b. Financial Interest As used in this Section, a
financial interest means:
1. A direct or indirect interest in real property
as described in Exhibit "A" if such interest is
worth more than One Thousand Dollars ($1,000);
2. A direct or indirect investment as described in
Exhibit "A" if such investment is worth more
than One Thousand Dollars ($1,000);
3. A source of income as described in Exhibit "A",
other than a loan by a commercial lending insti-
tution in the regular course of business, if such
income aggregates Two Hundred Fifty Dollars ($250)
or more in value received by or promised to the
designated position within twelve (12) months
prior to the time when the decision referred to
in Subsection a. is made; or
4. A business entity if the designated position is
a director, officer, partner, trustee or employee
or holds any position of management therein.
For the purpose of this Subsection, indirect in-
vestment or interest means any investment or in-
terest owned by the spouse or dependent child of
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a designated position, by any business entity
controlled by the designated position or by a
trust in which he or she has a substantial in-
terest. A business entity is controlled by a
designated position if the designated position,
his or her agent, spouse, and dependent children
hold more than fifty percent (50%) of the owner-
ship interest in the entity. A designated posi-
tion has a substantial interest in a trust when
the designated position, his or her spouse and
dependent children have a present or future in-
terest worth more than One Thousand Dollars ($1,000).
Section 4. Effect
This Resolution is in addition to state and local laws
pertaining to conflicts of interest of local agency officers and is
not intended to abridge or otherwise modify such' laws.
Section 5. Effective Date
The Resolution shall take effect upon its approval by
the Board of Directors of the Midpeninsula Regional Park District.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
EXHIBIT A
Reportable interests are as follows:
CATEGORY I
INTERESTS IN REAL PROPERTY
A. Interests in real property are reportable interests if:
1. The real property to which the interest pertains is
located in part or in whole (a) within the boundaries
of the local agency, (b) within two miles of the
boundaries of the local agency, or (c) within two
miles of any land located outside of the boundaries
of the local agency which is owned or used by the
local agency; and
2. The fair market value of the interest of the desig-
nated position or his or her spouse is greater than
One Thousand Dollars ($1,000); and
3. The interest is either (a) a leasehold, beneficial
or ownership interest held by the designated position
or his or her spouse, (b) an option held by the desig-
nated position or his or her spouse to acquire such
an interest, or (c) an interest or option held by
a business entity or trust in which the designated
position or his or her spouse owns directly, in-
directly or beneficially, a ten percent (10%)
interest or greater; provided, however, that in the
event that the ownership interest of the designated
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position or his or her spouse in such business entity
or trust is less than fifty percent (50%), the value,
for the purpose of paragraph 2, of the real property
interest or option relates to the value of the pro rata
share of the designated position or his or her spouse
in the real property interest or option held by the
business entity or trust; and provided further, that
in the event that the ownership interest of the desig-
nated position or his or her spouse in such business
entity or trust is fifty percent (50%) or more, the
value, for the purpose of Paragraph 2, of the real
property interest or option relates to the entire
value of the real property interest or option held
by the business entity or trust.
4. An interest in real property which is used principally
as the residence of the designated position making the
filing shall be disclosed, but the value need not be stated.
B. Disclosure statements required to be filed for report-
able interests in real property shall contain the
following information:
1. The address or other precise location of the real
property;
2. A statement of the nature of the interest in the
real property;
3. A statement of whether the fair market value of the
interest exceeds Ten Thousand Dollars ($10,000)
and whether it exceeds One Hundred Thousand Dollars
($100,000); and
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4. In the case of an interest in real property wholly
or partially acquired during the period covered by
an annual disclosure statement, the date of acqui-
sition and, if such interest in such property was
disposed of during such period, the date of dis-
position.
CATEGORY II
INVESTMENTS
A. Investments in business entities are reportable if:
1. The business entity, including parent corporations,
subsidiary corporations or otherwise related
business entities (a) has an interest in real
property located in part or in whole within the
boundaries of the local agency, within two miles
thereof or within two miles of land owned or used
by the local agency, (b) does business or plans to
do business within the local agency, or (c) has done
business within the local agency at any time during
the two years prior to the time that the disclosure
statement of the designated position is filed; and
2. The fair market value of the investment of the
designated position or his or her spouse is greater
than One Thousand Dollars ($1,000); and
3. The investment either (a) is held by the designated
position or his or her spouse and constitutes a
financial interest in, or security issued by, the
business entity, including but not limited to common
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stock, preferred stock, rights, warrants, options,
debt instruments and any partnership or other owner-
ship interest; or (b) is held by any business entity
or trust in which the designated position or his or
her spouse owns directly, indirectly or beneficially,
a ten percent (10%) interest or greater, and consti-
tutes a financial interest in, or security issued
by, a business entity qualifying under Paragraph 2,
above, provided, however, that in the event that the
ownership interest of the designated position or his
or her spouse in such business entity or trust is
less than fifty percent (50%), the value, for the
purpose of Paragraph 2 of the investment relates
to the value of the prorata share of the desig-
nated position or his or her spouse in the invest-
ment held by the business entity or trust; and
provided further, that in the event that the
ownership interest of the designated position or
his or her spouse in such business entity or
trust is fifty percent (50%) or more, the value,
for the purpose of Paragraph 2 of the investment
relates to the entire value of the investment held
by the business entity or trust.
An investment is not reportable if it constitutes
a time or demand deposit in a financial institu-
tion, a share in a credit union, an insurance
policy, or a bond or other debt instrument issued
by any government or government agency.
B. Disclosure statements required to be filed for report-
able investments in business entities shall contain the
following information:
1. The name and address of the business entity in
which each investment is held;
2. A general description of the business activity in
which the business entity is engaged;
3. A statement of the nature of the investment;
4. A statement of whether the fair market value of
the investment exceeds Ten Thousand Dollars
($10,000) and whether it exceeds One Hundred
Thousand Dollars ($100,000); and
5. In the case of investments wholly or partially
acquired during the period covered by an annual dis-
closure statement, the date of acquisition and, if
such interest in such property was disposed of
during such period, the date of disposition.
CATEGORY III
SOURCES OF INCOME
A. Sources of income are reportable if:
1. The source of income was either (a) a business
entity located or doing business as described in
Category II, A, 1; (b) an individual residing within
the local agency; or (c) a nonprofit association or
nonprofit corporation having its principal place
of business within the local agency; and
2. Either (a) the aggregate amount of income received
by the designated position or his or her spouse
from the source during the period covered by the
disclosure statement was Two Hundred Fifty Dollars
($250) or more in value, or (b) if the income was
a gift received by the designated position or his
or her spouse from the source during the period
covered by the disclosure statement, the value of
the gift was Twenty-five Dollars ($25) or more; and
3. The income was either received by (a) the designated
position or his or her spouse, or (b) received by
any business entity or trust in which the designated
position or his or her spouse owns, directly,
indirectly, or beneficially, a ten percent (10%)
interest or greater, provided, however, that in
the event that the income is received by a
business entity described in this Paragraph (b),
the value, for the purpose of Paragraph 2, of the
income relates to the prorata share of the desig-
nated position or his or her spouse in the income
of the business entity or trust. Income includes,
except to the extent excluded by this subsection,
income of any nature from any source, including
but not limited to any salary, wage, advance,
payment, dividend, interest, rent, capital gain,
return of capital, gift (including any gift of
food or beverage), loan, forgiveness or payment
of indebtedness, discount in the price of anything
of value unless the discount is available to members
of the public without regard to official status,
rebate, reimbursement of expenses, per diem, or
contribution to an insurance or pension program
paid by any person other than an employer.
Income does not include: (1) campaign contribu-
tions required to be reported under Chapter 4
(commencing with Section 84100) of Title 9 of the
Government Code; (2) salary and reimbursement for
expenses or per diem received from a state or local
government agency and reimbursement for travel
expenses and per diem received from a bona fide
educational, academic or charitable organization;
(3) gifts of informational material, such as books,
pamphlets, reports, calendars, or periodicals;
(4) gifts which are not used and which, within
thirty days after receipt, are returned to the
donor or delivered to a charitable organization
without being claimed as a charitable contribution
for tax purposes; (5) gifts from an individual's
spouse, child, parent, grandparent, grandchild,
brother, sister, parent -in-law, brother-in-law,
sister-in-law, aunt, uncle, or first cousin or
the spouse of any such person; provided that a
gift from any such person shall be considered
income if the donor is acting as agent or inter-
mediary for any person not covered by this para-
graph (5) ; (6) any devise or inheritance; (7)
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; and (8) dividends, interest
qr, any return on a security which is registered
with the Securities and Exchange Commission of the
United States Government.
B. Disclosure statements required to be filed for
reportable sources of income shall contain the
following information: for all reportable income
since the previous statement was filed or, if none,
during the previous year.
The name and address of each source of income;
2. A general description of the business activity,
if any, of each source;
3. A statement whether the aggregate value of
income from each source was greater than One
Thousand Dollars ($1,000), and whether it was
greater than Ten Thousand Dollars ($10,000);
4. A description of the consideraiton, if any,
for which the income was recieved;
5. In the case of income constituting a gift,
the amount and the date on which the gift
was received;
6. In the case of income of a business entity,
in which the designated position or his or
her spouse owns a ten percent (10%) interest
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or more:
(1) Name and address and a general description
of the business activity of the business
entity;
(2) If such business entity provides legal or
brokerage services, the name of every
natural person, nonprofit association or
corporation and business entity who paid
fees to such business entity if the prorata
share of the designated position or his or
her spouse of such fees was One Thousand
Dollars ($1,000) or more; and
(3) If such business entity does not provide
legal or brokerage services, the name of
every natural person nonprofit association
or corporation, and business entity from
whom such business entity received payments
if the prorata share of the designated
position or his or her spouse of gross
receipts from such person, nonprofit
association or corporation, or business
entity was Ten Thousand Dollars ($10,000)
or more during any calendar year partially
or wholly covered by the disclosure
statement being filed.