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HomeMy Public PortalAboutResolution - 77-31- 19770727 - Adopt Conflict of IntereRESOLUTION NO. 77-31 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ADOPTING A CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 197.4 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: NOW, THEREFORE, the Board of Directors of the Midpeninsula Regional Open Space District does resolve and adopt this Conflict of Interest Code ("Code"), which shall be applicable to all designated positions of the District. This Code has the force and effect of law. Designated' positions violating this Code are subject to the sanctions provided in Chapter 11 of the Political Reform Act, Government Code Section 91000, et seq. Section 1. Definitions As used in this Code, unless the context otherwise clearly implies, the following words and terms shall have the mean- -1- ing set forth herein. a. Business entity. "Business entity" means any organization or enterprise operated for profit, including but not limited to a proprietorship, partnership, firm, business trust, joint venture, syndicate, corporation or association. b. Designated position. "Designated position" means each member of the Board of Directors of the Mid - peninsula Regional Open Space District and each candi- date for election or appointment to such position, including candidates who are incumbents. "Desig- nated position" also means the District General Manager, Land Acquisition Manager, Land Manager, Legal Counsel, Controller, Land Endowment Specialist, and Assistant General Manager ("Employees") . 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. affected materially by any decision made or partici- pated in by the designated position by virtue of his or her position. Section 2.d. b. Place of Filing. Disclosure statements shall be filed, in the original, with the District Clerk. In the case of Directors, the Clerk shall make and retain a copy of the statement and transmit the original to the code reviewing body (FPPC) within five days -of receipt. c. Time of Filing. Initial Statement. Each desig- nated position having reportable interests shall file an initial disclosure statement within thirty (30) days after the effective date of this Code. Candidates shall file upon the filing of their nomination papers or their applications to fill a vacancy. All new designated employees shall file statements not less than ten days before assuming office or, if subject to confirmation, ten days before being confirmed, unless an earlier assumption of office is required by emergency circumstances. Annual Statements. Thereafter, each desig- nated position shall file an annual statement during the month of January, disclosing reportable invest- ments in business entities, interests in real property, and income held or received in the period since the closing date of the position's previously filed state- ment and December 31st, whether or not such report- able interest was disposed of during the reporting -4- e. Incorporated definitions. Unless otherwise indicated, the definitions.contained in the Poli- tical Reform Act of 1974, Government Code Section 81000, et seq., the Regulations of the Fair Poli- tical Practices Commission adopted pursuant thereto, and any amendments to the Act and Regulations are incorporated into this Conflict of Interest Code. Copies of this Code, the Political Reform Act of 1974, and the Regulations of the Fair Political Practices Commission shall be on file with the filing officer (District Clerk) . The filing officer shall supply each designated position with an in- struction manual and statement of economic inter- ests forms. Section 2. Disclosure a. Disclosure Statements. Each designated posi- tion shall file .an initial statement and annual statements thereafter disclosing those reportable interests in the category or categories of real property, investments, and income as .set forth in Exhibit "A", except that an initial statement need not include "Sources of Income" (Category III) . 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 speci- fied in Section 2.b and at the times specified in Section 2.c and shall be in the form specified in the making of any decision to the extent his or her participation is legally required for the decision to be made. 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 invade; or 4. A businc entity if the designated position is a director, ofiic'r, partner, trustee or employee or holds any position of management therein. For the purpose of this Subsect4 , indirect investment or intr,l-e=-t s any investrn nt or interest own'f by the spouse or dependent child -6- ealt) period and whether or not the designated position filed an initial statement. Leaving Office. Each designated position shall file a disclosure statement within thirty (30) days after leaving a designated position dis- closing 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 statements required to be filed hereunder for any category of reportable interests shall be substan- tially in the form approved by the Fair Political Practices Commission and by this Board_ Section 3. Disqualification a. General Rule. A designated position must dis- qualify himself or herself from making or partici- pating in the making of any decisions whi foreseeably have a material finaarcial effect, dis- tinguishable from its o ect on the public generally, on any reportable economic interest (except gifts of less than $250) or upon any business entity in which the designated position holds a position of management or is a director, officer, partner, sole owner, trustee, or employee. No designated position shall be prevented from making or participating in -5- of a designated position, by a business entity controlled by the designated position or by a trust in which he or she has a substan- tial interest. A business entity is controlled by a designated position if the designated posi- tion, his or her agent, spouse, and dependent children hold more than fifty persent (50%) of the ownership interest in the entity. A designated position has a substantial interest in a trust when the designated position, his or her spouse and dependent children have a present or future interest worth more than One Thousand Dollars ($1,000). Section 4. Effective Date This Code shall take effect following its approval by the Board of Directors of the Midpeninsula Regional Open Space District and thirty days after approval by the California Fair Political Practices Commission. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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 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 1 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 police, or a bond or other debt instrument issued by any government or government agency. 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 wi.thin 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 3 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 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 5 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 or. 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. 1. 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 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 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. RESOLUTION NO. 77-31 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on July 27 , 19 77 at a regular meeting thereof, by the following vote: AYES: NOES: K. Duffy, B. Green, N. Hanko, D. Wendin, E. Shelley and R. Bishop None ABSTAIN: H. Turner ABSENT: None ATTEST: APPROVED: r l Secretary, Board of Directors President, 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 date. District Clerk