HomeMy Public PortalAboutResolution - 78-14- 19780628 - Adopt Conflict of IntereRESOLUTION NO. 78-14
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 1974, AS REVISED BY THE CALIFORNIA
FAIR POLITICAL PRACTICES COMMISSION
WHEREAS, the People of the State of California at the
statewide primary election of June 4, 1974, approved the
Political Reform Act of 1974 (Proposition 9) which added
Title 9 to the Government Code of California and which re-
lated, 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 or reportable investments, interests in
real property and income, and
WHEREAS, the Board of Directors of the Midpeninsula
Regional Open Space District did adopt a Conflict of Interest
Code ("Code") applicable to all designated positions of the
District on July 27, 1977 by Resolution No. 77-31, and
WHEREAS, The California Fair Political Practices Com-
mission approved the abovementioned Code, with revisions, on
June 7, 1978, to be effective July 7, 1978,
NOW, THEREFORE, the Board of Directors of the Midpeninsula
Regional Open Space District does resolve and adopt the follow-
ing revised Conflict of Interest Code, which shall be appli-
cable 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, Govern-
ment Code Section 91000, et seq.
Section 1. Definitions
As used in this Code, 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 pro-
fit, including but not limited to a proprietor-
ship, partnerhsip, firm, business trust, joint
venture, syndicate, corporation or association.
b. Designated Position. "Designated position"
means each member of the Board of Directors of
the Midpeninsula Regional Open Space District and
each candidate for election or appointment to such
position, including candidates who are incumbents.
"Designated position" also means the District
General Manager, Land Acquisition Manager, Land
Manager, Legal Counsel, Controller, and Assis-
tant General Manager ("Employees.") .
c. Disclosure Statements. "Disclosure statements
means statements disclosing reportable interests
required by Section 2 to be filed by designated
positions.
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 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.
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. 'Init'ial 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 nom,
ination 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 designated
position shall file an annual statement during the
month of January, disclosing reportable investments
.d. Reportable Interests. "Reportable interests"
means investments, interests in real property
and income of the type required to be disclosed
by designated positions as described in Exhibit A,
attached hereto, where such financial interest
may be affected materially by any decision made
or participated in by the designated position by
virtue of his or her position.
e. Incorporated Definitions. Unless otherwise
indicated, the definitions contained in the Poli-
tical Reform Act of 1974, Government Code Section
8100, 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
Practices Commission shall be on file
filing officer (District Clerk) . The
shall supply each designated position
Political
with the
filing officer
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
management or is a director, officer, partner, sole
owner, trustee, or employee. No designated position
shall be prevented from making or participating 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 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 business entities, interests in real property,
and income held or received in the period since
the closing date of the position's previously filed
statement and December 31st, whether or:.not.sttch::report-
able interest was disposed of during the reporting
period.
Leaving Office. 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 and the date of termination.
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 partic-
ipating in the making of any decisions which will
foreseeably have a material financial effect, dis-
tinguishable from its effect 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
f I l
investment or interest means any investment or
interest owned by the spouse or dependent child
of a designated position, by a business entity
controlled by the designated position or by a
trust in which he or she has a substantial
interest. 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
interest worth more than One Thousand Dollars
($1,000).
Section 4. Effective Date
This Code shall take effect thirty days after approval
by the California Fair Political Practices Commission.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
RESOLUTION NO. 78-14
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula
Regional Open Space District on
June 28 , 19 78 at a
regular meeting thereof, by the following vote:
AYES: Nonette Hanko, Richard Bishop, Barbara Green and Katherine
Duffy
NOES: Edward Shelley
ABSTAIN:
ABSENT: Harry Turner and Daniel Wendin
ATTEST:
.
APPROVED:
Secretary, Boar• of Dir: ctors V/(President, Board of Dir � 't
1, 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
EXHIBIT A
Reportable interests are as follows:
CATEGORY I
INTERESTS IN REAL PROPERTY
A. The following interests in real property are reportable:
1. The real property to which the interests pertains is
located in whole or in part within the land acquisition
planning area as shown on the District's master plan,
or within two miles of the area, or within two miles
of any land which is contemplated for use by the
District.
Such interests are reportable if:
B.
1.
The fair market value of the interest of the designated
position or his or her spouse is greater than One
Thousand Dollars ($1,000); and
2. 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 own directly, indirectly
or beneficially, a ten percent (10%) interest or greater;
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 Para-
graph 2, of the real property interest or option relates
to the value of the prorata share of the designated
position or his or her spouse in the real property inter-
est or option held by the business entity or trust;
and provided further, that in the event that the owner-
ship 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 real property interest or option
relates to the entire value of the real property interest
or option held by the business entity or trust.
3. An interest in real property which is used principally
as the residence of the designated position making the
filing shall be disclosed.
C. Disclosure statements required to be filed for reportable
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
4. In the case of an interest in real property wholly or
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 desig-
nated 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 finan-
cial interest in, or security issued by, the business
entity, including but not limited to common stock,
preferred stock, rights, warrants, options, debt instru-
ments and any partnership or other ownerhsip 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 constitutes 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 busi-
ness entity or trust is less than fifty percent (50%),
the value, for the purpose of Paragraph 2 of the invest-
ment relates to the value of the prorate share of the
designated position or his or her spouse in the invest-
ment held by the business entity or trust; and provided
partially acquired during the period covered by an
annual disclosure statement, the date of acquisition
and, if such interest in such property was disposed of
during such period, the date of disposition.
CATEGORY II
INVESTMENTS
A. The following investments are reportable:
1. Investments in any business entity of the type which
within the last two years, has contracted with the
District to provide services, supplies, materials,
machinery or equipment.
2. Investments in business entities which engage in build-
ing construction or design within the District.
3. Investments in business entities which engage in the
business of brokerage acquisition or disposal of real
property within the jurisdiction.
4. Investments in business entities of the type, which
engage in the preparation of Environmental Impact
Reports and/or land appraisals.
B. Such 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
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, The following sources of income are reportable:
1. Income from any source 'of the type which within the
last twelve months has contractd with. the District
to provide services, supplies, materials, machinery
or equipment.
2. Income from sources which engage in building construc-
tion or design within the District.
3. Income from sources which engage in the business of
brokerage, acquisition or disposal of real property
within the jurisdiction.
4. Income from sources which engage in the preparation of
Environmental Impact Reports and/or land appraisals.
B. Such 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
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 in-
vestment held by the business entity or trust.
An investment is not reportable if it constitutes a
time or demand deposit in a financial institution, a
share in credit union, an insurance policy, or a bond
or other debt instrument issued by any government or
government agency.
C. Disclosure statements required to be filed for reportable
investments in business entities shall contain the follow-
ing 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 disclosure
program paid by any person other than an employer.
Income does not include: (1) campaign contributions
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 with-
out 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 per-
son shall be considered income if the donor is acting
as agent or intermediary for any person not covered
by this paragraph (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 instru-
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 state-
ment, 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 Para-
graph 2, of the income relates to the prorata share of
the designated 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, in-
come 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, for-
giveness 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
(4
profit 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 Thou-
sand Dollars ($10,000) or more during any calendar
year partially or wholly covered by the disclosure
statement being filed.
ment 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.
C. 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 names 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 consideration, if any, for which
the income was received;
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 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, non-
(LAST PAGE OF THE CONFLICT OF INTEREST CODE OF THE MIDPENINSULA REGIONAL
OPEN SPACE DISTRICT.)
CERTIFICATION OF FPPC APPROVAL
After hearing pursuant to Government Code
§S7311 and 2 Cal. Adm. Code ;18750, et
scq., the Conflict of Interest Code of the
Mid nin uLa Reg. Open Space Dist.
was approved, pursuant to
attached statement of revi-
sion,*on _6=7-78
by the Fair Political Prac-
tices Commission.
By:%Yjai.
Effective: 7-7-78
*revisions herein incorporated.