HomeMy Public PortalAbout17-04 - Conflict of Interest Code Prepared by the Fair Political Practices CommissionRESOLUTION NO. 17-04-CRJPA
A RESOLUTION OF THE CARSON RECLAMATION AUTHORITY, A PUBLIC
BODY CORPORATE & POLITIC, AND A POLITICAL SUBDIVISION OF THE
STATE OF CALIFORNIA, ADOPTING THE CONFLICT OF INTEREST CODE
WHICH INCORPORATES BY REFERENCE THE CONFLICT OF INTEREST
CODE PREPARED BY THE FAIR POLITICAL PRACTICES COMMISSION
WHEREAS, a Joint Powers Agreement for the formation of the Authority was executed
by its Members on or about February 17, 2015, which was amended on or about March 17,
2015; and
WHEREAS, the Political Reform Act of 1974, California Government Code §§ 81000 et
seq., requires the Carson Reclamation Authority ("Authority") adopt a Conflict of Interest Code
and make amendments as and when appropriate; and
WHEREAS, the Fair Political Practices Commission has adopted a regulation, 2 California
Code of Regulations Section 18730, which contains the terms of a standard conflict of interest
code, and this code may be incorporated by reference; and,
WHEREAS, the Authority is subject to the Los Angeles County Board of Supervisors'
oversight with respect to adoption of its conflict of interest code and must, therefore, submit its
conflict of interest code for their approval;
WHEREAS, on September 6, 2016, the Los Angeles County Board of Supervisors
approved of the Authority's conflict of interest code, as contemplated by this Resolution;
WHEREAS, as incorporated by reference, the standard conflict of interest code will help
ensure compliance by the Authority with the Political Reform Act.
NOW, THEREFORE, be it resolved by the CARSON RECLAMATION AUTHORITY as
follows:
Section 1. The Recitals set forth above are true and correct and incorporated herein by
this reference.
Section 2. The Fair Political Practices Commission has adopted a regulation, 2 Cal. Code
of Regs. Section 18730, which contains the terms of a standard model Conflict of Interest Code,
which can be incorporated by reference, and which may be amended by the Fair Political
Practices Commission to conform to amendments in the Political Reform Act after public notice
and hearings. Therefore, the terms of 2 Cal. Code of Regs. Section 18730, which is attached as
Exhibit "A", and any amendments to it duly adopted by the Fair Political Practices Commission
along with the attached Exhibit "B" in which officials and employees are designated and
disclosure categories are set forth, are hereby incorporated by reference and constitute the
Conflict of Interest Code of the Carson Reclamation Authority.
Section 3. Whereas, at its September 6, 2016 meeting, the Los Angeles County
Board of Supervisors approved the Authority's adoption of 2 California Code of Regulations
RESOLUTION NO. 17-04-CRJPA
01007.05151271181.5 Page 1 of 27
Section 18730, and also directed the Authority to adopt the County's Model Disclosure
Categories.
Section 4. Incorporation by reference of the terms of the aforementioned Model
Code and any future amendments to it in this Authority's Conflict of Interest Code will save this
Authority time and the expenditure of public funds by minimizing the actions required of this
Authority Board to maintain conformity with the Political Reform Act.
Section S. Pursuant to the provisions of California Government Code § 87311,
officers, employees, members of the public, consultants, and residents of the jurisdiction were
given due and proper notice and opportunity to present their views prior to adoption of this
resolution.
Section 6. The Authority shall maintain at all times at least one copy of the
Authority's Conflict of Interest Code for examination by the public.
PASSED, APPROVED, AND ADOPTED this 3`d day of October, 2017.
APPROVED AS TO FORM:
CARSON RECLAMATION AUTHORITY,
a public body
AUTH014 (TY CHAI MAN ALBERT IFMBLES
r
ATTEST:
AUTH RITY ECRET)tAY
DONESIA GAUSE-ALDANA, MMC
RESOLUTION NO. 17-04-CRJPA
01007 05151271161.5 Page 2 of 27
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES j ss.
CITY OF CARSON j
I, Donesia Gause-Aldana, Secretary of the Carson Reclamation Joint Powers Authority, hereby
attest to and certify that the foregoing resolution, being Resolution No. 17-04-CRJPA, adopted
by the Carson Reclamation Joint Powers Authority Board at its meeting held on October 3, 2017,
by the following vote:
AYES: AUTHORITY BOARD MEMBERS: Santarina, Aldridge, Diaz, Young
NOES: AUTHORITY BOARD MEMBERS: None
ABSTAIN: AUTHORITY BOARD MEMBERS: None
ABSENT: AUTHORITY BOARD MEMBERS: Robles
�I
AUTHORITY SECRETARY
DONESIA GAUSS-ALDANA, MMC
RESOLUTION NO. 17-04-CRJPA
01007.05151271161.5 Page 3 of 27
EXHIBIT "A"
Conflict of Interest Code
of the
Carson Reclamation Authority
Inco oration of FPPC Regulation 18730 2 California Code of Regulations Section 18730 b
Reference
The Political Reform Act (Government Code Section 81000, et seq.) requires state and local
government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices
Commission ("FPPC") has adopted a regulation (2 Cal. Code of Regs. 18730), which contains the
terms of a standard conflict of interest code. After public notice and hearing, it may be amended by
the FPPC to conform to amendments in the Political Reform Act. Therefore, the terms of 2
California Code of Regulations Section 18730, and any amendments to it duly adopted by the FPPC,
are hereby incorporated into the conflict of interest code of the Carson Reclamation Authority
("Authority") by reference. This regulation and the attached Exhibits designating officials and
employees and establishing economic disclosure categories shall constitute the conflict of interest
code for the Authority.
Place of Filing of Statements of Economic Interests
All officials and employees required to submit a statement of economic interests shall file
their statements with the Executive Director of the Authority or his or her designee. The Authority
shall make and retain a copy of all statements filed by its Governing Board Members, Executive
Diretor, and other departmental directors, as appropriate, and will forward the originals of each
statement to the Executive Office of the Board of Supervisors of Los Angeles County.
The Authority shall retain the originals of statements for all other designated positions named
in the conflict of interest code. All retained statements, original or copied, shall be available for
public inspection and reproduction (Government Code Section 81008).
01007.05192W7964 RESOLUTION NO. 17-04-CRJPA (Exhibit"A")
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(Regulations of the Fair Political Practices Commission. Title ?. Division 6. California Code of
Regulations.)
§ 18730. Provisions of Conflict of Interest Codes.
(a) Incorporation ht reference of the terms of this regulation alon_, ►► ith the designation
ofeniployees and the formulation ofdisclosure categories in the Appendix referred to befo%%
constitute the adoption and promulMation ofa conflict of interest code %%ithin the meaning of
Section 87300 or the amendment of a conflict of interest code ►► ithin the meanin_, of Section
87:06 if the terms of this r-el—Wlation are substituted for terms ofa conflict of interest code
already in effect. A code so amended or adopted and prlutIulgated requires the reporting of
reportable items to a manner SUbstantialIN egUkalent to the requirements oi'article ? of'chapter 7
ofthe Political Rclorm Act. Section; 81000. et seq.'I lie requirements ofa conflict of interest
curie are in addition to other requirements ofthe Political Rclorrtn Act. such as the general
prohibition ag=ainst conflicts of interest contained in Section 87100. and to other state or local
lms pertaining to conflicts of interest.
(b) Tlie terms of'a conflict of interest code amended or adopted and promulgated pursuant
to this regUlallon are as follo%Ns:
(I) Section 1. Definitions.
The definitions contained in the Political Reform Act of 1974. regulations of the I -air
Pulitical Practices Commission ( Regulations 181 10. el seq.). and an} amendments to the Act or
regulations. are incorporated b\ reference into this conflict of interest code.
(2) Section'_. Desi4_natcd Employees.
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RESOLUTION NO. 17-04-CRJPA (Exhibit "A")
Page 5 of 27
The persons holding positions listed in the Appendix are desionated employees. It has
been determined that these persons stake or participate in the making ofdecisions ►►hich ma►
foreseeabl► have a material effect on economic interests.
(3) Section 3. Disclosure Cate�_ories.
This code does not establish any disclosure obligation liar those dcsi-natcd employees
who are also specilicd in Section 87200 ifthex are designated in this code in that same capacity
or if the geo,!raphical jurisdiction of this agency is the same as or is ►►holly included within the
jurisdiction in which those persons must report their economic Interests pursuant to article 2 of
chapter 7 of the Political Itel'orm Act, Sections 87200, et seq,
In addition. this code does not estibllsh any disclosure obligation for arty designated
employees who are designated in a conllict of interest code f'or another agency, ifall of the
following apply
(A) The Lico,Traphical jurisdiclion oi-this agency is the same as or is ►►holly included
Within the jurisdiction of the other auenc►:
(13) The disclosure assigned in the code ofthe other agency is the same as that required
under article 2 of chapter 7 of the Political IZeforin Act, Section 97200: and
(C) The filin4, officer is the same for both agencies.'
Such persons are covered by this code for disqualification purposes only. With respect to
all other designated employees, the disCIOSUre categories set forth in [lie Appendix spectfj which
kinds ofeconomic interests are reportable. Such a designated employee shall disclose in his or
her statement of economic interests those economic interests he or she has which are of the kind
described in the disclosure categories to ►►hick he or she is assigned in the Appendix. It has been
detennined that the economic interests set forth in a designated employee's disclosure categories
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RESOLUTION NO. 17-04-CRJPA (Exhibit "A")
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are the kinds of economic interests x+hich he or she tbreseeablN can affect materialiv throm,11 the
conduct of hitt or her office,
(4) Section 4. Statements of t conomic Interests: Place of Filing.
The code re% ie+\ in--, hod} shall instruct all designated employees +\ ithin its code to file
statements of economic interests with the agency or «ith the code reviewing bod\. as Provided
by the code rev ie�+ ins_ bod\ in the auenc\'s conflict of interest code.=
(3) Section 5. Statements of l"conomic Interests: Time of I`iliirz.
(A) Initial Statements. All designated employees employed by the agency on the effecti\e
date ofthis code. as originally adopted. promulgated and approved b} the code re%ic\kint, hock.
sliall file statements ithin 30 da%s after the effrrctite date ofthis code. Thereafter. each person
already in a position hen it is designated by an amendment to this code shall file an initial
statement "ithin 30 days after the erfective date or the amendment.
(13) Assuming Office Statements. All persons assuming designated positions after the
efrective date ofthis code shall rile statements within 30 da\s after assumin! the designated
positions, or irsuhject to State Senate confirmation. 10 daNs after beim, nominated or appointed.
(C) Annual Statements. All designated employees shall file statements no later than April
1. 11'a person reports for military serN ice as defined in the Ser% icemember's Civil Relief Act. the
deadline Ior the annual Statement ol'economic interests is 30 days follo« inu his or her return to
office. pro% ided the person. or someone authorized to represent the person's interests. notifies the
filing officer in +\riting prior to the applicable Filing deadline that he or she is sur ject to that
federal statute and is unable to meet the applicable deadline. and provides the filing officer
%,erif ication of bis or her militar,, status.
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RESOLUTION NO. 17-04-CRJPA (Exhibit "A")
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(D) Leaving_ Oflice Statements. All persons who leave deskylated positions shall file
statements %% ithin 10 day s alter leaN ink_ off ice.
(5.5)5ection 5.7. Statcment5 for Pci'4i111S Who llesi-n Prior to Assulllnlg Office.
Any person %% 110 resigns %%ithin 12 months of initial appointment. or within )0 days of the
date of'notice provided by the filing oIIICCI' 10 1lle an assulnin�e) office statement. is not deemed to
ha%C assumed office or ICI1 Oil ice. provided he or she did not male of participate in the making,
of. or use his or her position to inllUence ant decision and did not receive or become entitled to
receive any lorm oi'payment as a result olhis or her appointment. Such perSOFIS shall 110t Zile
either an assunline or leaving off iec statenleni.
(A) Any person %%ho resigns a position within .10 days ol-the date ol'a notice from the
filinu officer shall do both of the following_:
( I ) file a %\ritien resignation x%ith the appointing po\\er: and
('_) File a %�ritien statement n ith the IiIing officer declaring under penalty of perjurN that
during the period bemeen appointment arid resignation he or she did not make, participate in the
mahin,. or t15e the position to influence any decision ofthe agene\ Or receive. or become entitled
to receive, in\, form of payment b\ virtue of being appointed to the position.
(6) Section 0. Contents ol'and Period Covered by Statenlents of Economic Interests.
(A) Contents of Initial Statements.
Initial siatements shall disclose any reportable investments. interests in real property and
business positions held oil the effective date of the code acid income received during tale 12
months prior to the effective date of the code.
(f3) Contents of Assuming Office Statements.
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RESOLUTION NO. 17-04-CRJPA (Exhibit "A")
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Assulnin�-,office statements shall disclose an► reportable investments. interests in real
propertN and business positions held on the date of assunlin�g, off ice or. il'subject to State Senate
Collflrillatlon of appointment. oil the date oI ilornination. and Income received dltrill4' tile 12
months prior to the date of assuming of] ice or the date of being appointed or nominated.
respeclkCIN.
(C) Contents of Annual Statements. Annual statements shall disclose an}. reportable
intestnlentS. interests in real property. income and bLISIneSS positions held or received during the
previous calendar Near provided. ho►►cver. that the period co►ered by an enlploNee's first annual
statement shall begin on the effecti►e date ol'the code or the date of assunlinu, oflice whichever
is later. or for a board or commission member subject to Section 87302.6. the day after the
closim-, date of the most recent statement hied by the member pursuant to Regulation 19754.
(D) Contents of Lea%ing Office Statements.
Lea4ing office statements shall disclose reportable in%estments. interests in teal propert\.
income and business positions held or received du11112 the period between the closing date of the
last statement filed and the date of lea► ing, office.
(7) Section 7. klanner of Reporting.
Statements of economic interests shall be made on forms prescribed b► the i'air- Political
Practices Commission and supplied b\ the agencN. and shall contain the follo►►ing information.
(A) Imcstment and (teal Propert\ Disclosure.
When an in►estment or in interest ill real property' is required to be reported.' the
statement shall contain the I'61lo►► inL,:
1. A statement of the nature of the investment or interest:
RESOLUTION NO. 17-04-CRIPA (Exhibit "A")
Page 9 of 27
2. The name of the business entity in %\ hich each im estmcru is held, and a general
description oi'the husinetis activity in t%hich the business entity is engaped:
3. The address or other precise location ol'the real property:
4. A statement Miether the fair market value 01-tileimeslment or interest in real properly
equals or exceeds $2.000, exceeds $10,000. exceeds $100.000. or exceeds $1.000.000.
(13) Personal Income Disclosure. When personal income is required to be reported.' the
statentcnt Shall contain:
1. The name and address ol'each source ol' i»conte a_gregating,Y,$500 or more in value. or
$50 or more in value it -the income %%as a uil't. and a LmleraI description of`the business actk ity.
of each source:
2. A statement %%ltcther the a},gregate value of* income trot each source. or in tic case of
a loan. the hi�,ltc5t amount m ed to each source. %\as $1.000 or less. ��reater Ihan $ I .U(l(1. ��realer
than $10.000. or greater than $100.000:
3. A description o['tltc considct•ation.Wian%. for %%hick the income \gas receited:
4. In the case of a 611. the name. address and businesti activity of'tile donor and any
intermediarl through \%hich the gilt x% as made: a description of the -lift: the amount or t.iltre of
the uift, and the (late on which the sift %%as received.
5. In the case of a loan. the annuat interest rate altd the security. il`am. given for the loan
and the term of'tic loan.
(C) f3usiness Entity Income Disclosure. When income ofa business emit\'. includi112
income ofa sole proprietorship. is required to be reported.' the statement shall contain:
entity:
1. The name. address. and a general description of the business activity of the business
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RESOLUTION NO. 17-04-CRJPA (Exhibit "A")
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?.'I lie name of e%ei-} person from %%Itoni the bLiSilleSS Cntit\ receked payments if'llle
liter's pro rata share oI'gross receipts from such person %las equal to or greater than $10.000.
(D) BLISn1CS5 Position Disclosure. When business positions are required to be reported. a
designated employee Shall list the name and address ofeach business entity in \%hich Ile of she is
a director. officer. partner, trustee. employee. or in %% Rich he or she holds an\- position of
management. a description ofthe business activitN in "hick the blrSInCSS Cntit� is ClWaVd. and
the designated ernplo}ee's position %\ ith the business emit}.
(E:) Acquisition or Disposal During Reporting_ Period. In the case o! an annual or lea% ing
office statement, iftut in\estment or in interest in real property %\as partiall\ or %%holly acquired
or disposed of during the period co%ered b% the statement. the Statement shall contain the date of
acquisition or disposal.
(8) Section 8. Prohibition oil Receipt of lonoraria.
(A) No member ol'a state board or commission. and no desi2nated employee of -a state or
local government wenc\. snail accept in\ honorarium from art% source. if the member or
emplo\cc %%oLlld be required to report the receipt of income or gifts front that source oil Itis ur her'
statement of economic interests.
(R) Phis section shall not apply to any part-time member of the uo%erninu board of an\
public institution of higher education. unless the member is also an elected official.
section.
(C) Subdi% inions (a). (b), and (c) of Section 89-501 shall apply to the prollibitions in this
(D) This section shall not limit or prohibit pa%ments. advances. or reimbursements For
travel and related lud+zin__ and subsistence authorized b} Section 89506.
(8.1) Section 8.1. Prohibition on Receipt ol'Gifts in Excess ol'$470.
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RESOLUTION NO. 17-04-CRJPA (Exhibit "A")
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(A) No member ofa state board or commission, and no designated employee ol'a state or
local 4,overnment agency. shall accept gifts with it total %a[ Lie of*nYore than 5470 in it calendar
.car from any sinLfle source. ifthe memher•oremployec %\ Mild be required to report the receipt
ofincome or gilts from that source on his or her Statement of economic interests.
(13) -1 -his section shall not apply to any part-time member of the governing board of any
public institution of 1]1 -Iter education. unless the member is also an elected official.
(C) Strbdivisions (e), (I). and (g) ol'Seetion 80503 shall apply to the prohibitions in this
icction.
(8.2) Section 8.2. loans to Public Officials.
(A) No elected officer ofa state or local -overnment a4.�ency shall. from the date of'his or
her election to office throl.lLh the date that he or she vacates office. receive .t personal load from
. Or consultant ol't11e state or local �scn�er-nment agency in �\ hiclr
any officer. cmpluyee_ member
the elected officer holds Office or• Mer \%hich the elected officer's agency has direction and
control.
(13) No public official %\ ho is ewnipt from the state ci\ it service s%mcm pursuant to
subdi%isions (c). (d). (e). (1). and (,-,) ol'Section 4 ol'Article VII of'the Constitution shall. "pile
he or she holds office. receite a personal loan from ant officer. employee. member. or consultant
of the state or local uovernment agency in N\11ich the public official holds office or oyer which
the public official's agency has direction and control. This subdivision shall not apply to loans
made to it public official \\hose duties are solely secretarial, clerical. or manual.
(C) No elected off icer ora state or local government agency shal 1, from the date of his or
her election to office through the date that he or she vacates office, receive a personal loan from
any person %kho has it contract %vith the state or local government agency to which that elected
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RESOLUTION NO. 17-04-CRJPA (Exhibit "A")
Page 12 of 27
oflicer has been elected or oker 11 hich that elected officer's aoencv has direction and control.
Chis subdiN is ion shall not app I% to loans made bl banks or other Iirlancial institutions or to ans
indebtedness created a5 part of a retail installment or credit card transaction. if the loan is made
or the indebtedness created in the lender's re[ular course of bL1StnCSS Oil terms mailable to
members ofthe public %�ithout regard to the elected of'ticer's official status.
(D) No public official %Nho is exempt firom the state ci%it serf ice system pursuant to
subdivisions (c). (d). (e). (1). and (0 of Section 4 ofArlicle VII Ol-tileConstitution shall. m.hile
Ile or she holds oflice. receive a personal loan from ani person %r 110 has a contract %lith the state
or local �_o%ernnlent agenc% to X%hich that elected officer has been elected or oy er %% hick That
elected officer's agenc} has direction and control. This subdivision shall not appy to loans made
b� banks or other financial institutions or to anN indebtedness created as part ofa retail
installment or credit card transaction. if the loan is made or the indebtedness created in the
lender's regular course of'busincss on terms mailable to members o1 the public "IthOLlt regard to
the elected ol'ficer's official Status. This SUM%(Sion shall not appy to loans made to a public
official %% hose duties are solef) secretarial. clerical. or manual.
(r) This section shall not apply to the fol l %N ing:
1. Loans made to the campaign committee of an elected officer or candidate for electit e
office,
?. Loans made by a public official's spouse. child. parent. grandparent. grandchild.
brother. sister. parent-in-laNN. brother -in -lax\. sister-inAm, nephe\k. niece. aunt. Uncle. of 1Ir$t
cousin. or the spouse Oran\ such persons. pro%ided that the person making the loan is not actin+u,
as an a-enl or interinediary Ior any person not otherwise exempted under this SCCIIOn.
3. Loans fro n a person which. in the ag!_regate. do not exceed 5500 at any 6% en time.
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RESOLUTION NO. 17-04-CRJPA (Exhibit "A")
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4. Loans made, or offered in %%riting, before January I. 1993.
(8.3) Section 8.3. Loan Terms.
(A) li.xcept as set lortll in subdivision (B), no elected olficerol'a state or local
�,lovertlment ageticy shall, irom the elate of llis or her election to off ice throu211 the date he of she
vacates office. recei%e a personal loan of $500 or more. except r%hen the loan is in «ritinyg and
clearly states the terms ol'the loan, including the parties to the loan agreement. date ol'the loan.
amount ofthe loan. term of the loan. date or dates %% hen payments steal l be due on the loan and
the amount o1 -the pillments. and the ride o1 Interest paid On the loan.
(B) This section shall not apply to the lbllot� ing ty pes of loans:
1. Loans made to the campaign committee ol'the elected officer.
2. Loans made to the elected officer by his of her spouse, child, parent, grandparent.
grandchild. hrother. sister. parent -in -la%%, brother-in-l.m. sister-in-lim. nephcx�. niece, aunt.
uncle, UI' III'St CUUtiin. Or till' Spouse of*filly Stich pennon. pro%ided that the person making the load
IS not :Ieting as an of Interniedlar% for in\ person not othcr«ise exempted Under this
section.
;. Loans made. or offered in %\ rithlg. before JanuarN 1. 1998.
(C) Nothim, in this section shall e,wnlpt any person 1'rom any other pro\ ision of Title 9 ol`
the Government Code.
(8.1) Section 8.4. Personal Loans.
(A) L.xcept as set forth in subdivision (13). a personal loan received by an\ designated
employee shall become a gilt to the designated employee I'or the purposes ol'tllis section in the
following circumstances:
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RESOLUTION NO. 17-04-CRJPA (Exhibit "A")
Page 14 of 27
[,If the loan has a defined date or dates for repay lent. %%hen the statute of limitations for
filing an action for delault has expired.
2. 1I'the loan has no defined date or dates for reps}meat. when one year has elapsed from
the later of the follow ins:
a. The date the loan %N as made.
b. I he date the last paN ment oi'S 100 or more ��as made oil the loan.
c. the dale upon %�Ilich the debtor has made paNments oil the loan au_,regatino to less
than 5250 61'rlt`_ the previous 12 months.
(l.3) This section shall nut appIN to the 161lo%�in4! t%pes ofloans:
. A loan nude to the campaign committee of an elected officer or a candidate for
elective office.
2. A loan that %c 01.11d other« ise not be a gift as defined in this title.
;. A loan that X%ould otherttise be a elft aS Set forth Under stlbdi� inion (A). bill. 011 Which
the creditor has taken reasonable action to collect the balance clue.
4. A loan that \\ould othen\ise be a �_ift a5 Set forth tender sUbdi%iSiMl (A). but on which
the creditor. bused on reasonable business considerations. has not undertaken collection action.
IAcept in it criminal action. a creditor %%Ilo claims that a loan is not a sift on the basis of this
paragraph has the burden of pro\ ing, that the decision fin- 110t taking collection action %\as based
oil reasonable business coil siderations.
i. A loan matte to a debtor %\ ho hue filed file bankruptcy and the Neale iS 1,1161llatell
discharged in bankruptc\.
(C) Nothing in this section shall e\empt anti person from am other pro\ inions of Title 9
ofthe Government Code.
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(9) Section 9. Disqualification.
No designated employ ee ,hal l male, participate in making. or in any %%ay attempt to use
Itis or lien official position to influence the making ol-any govern InentaI decision %%hich lie or She
kno%%s or has reason to knot% %%-iII have a reasonably loreseeable material financial effect.
distinguishable from its effect oil the public generally. on the off icial or a member of his or her
immediate family or on:
(A) Any business entity in «hick the designated employee has a direct or indirect
iiitetiuiient ttolrth $2.000 or more:
(13) Any real property in which the designated employee has a direct or indirect interest
t'i11'I11 $2.00001 more:
(C) Any source of income, other than uifts and other than loans by a commercial Iendi112
inStitulion in the reUular course ol'business oil terms available to the public tt ithout regard to
official Status, aggregating $500 or more in value provided to. received hi or promised to the
Lies i+_halet] employ cc tt ithin 12 montlis prior to the time %then the decision is made:
(D) Any business entity in tthich the designated enlplolee is a director. oflicer. partner.
lrUstee. employee, or holds any position of management: or
(r) Any donor of. or ant intermediary or auent for a donor of. a gilt or +gilts aggrcgating
5470 or more provided to. recei%ed by. or promised to the designated employee \t ithin 12
months prior to the time when the decision is made.
(9.3) Section 9.3. Legally Required Participation.
No desiunated employee steal I be prevented !rom makings or participating in the making
of any decision to the extent his or her participation is legally required for the decision to be
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RESOLUTION N0. 17-04-CRJPA (Exhibit "A")
Page 16 of 27
made, Elle fact that the ►ote ofa desi_mated emplo}cc i% hu is on a %otin�_ bod% is needed to breal,
a tic does not make his or her participation le!umll% required for purposes of this section.
(9.5) Section 9.5. DisILlualitication of State Off icers and EnlploNees.
In addition to the general disqualification provisions of section 9. no state administrative
official shall make. participate in makin{,, or Use his or her official position to influence anV
governmental decision directIN relating to an% contract there the state Idmill islrati%'e official
kno%%s or has reason to Idem that any partN to the contract is a person "ith "hom the state
administratk a of licial. or anmember of Ills or her immediate farniIN has. within 12 months
prior to the time t%hcn the official action is to be taken.
(A) Engaged in a business transaction or transactions on terms not a%ailable to members
ol'tllc public. regarding anN investment or interest in real propert%: or
(11) L;ngaged in a business transaction or transactions on terns not available to members
ofthe public regarding the rendering of!goods or services totaling in value $1.000 or more.
{ 10) Section 10. Disclosure of DisqualifVing Interest.
When a designated emplo�ec determines that Ile Or she ShOUld not make a go%ernmental
decision because he or she has a disgWilik-ill�Ll interest in it. the determination not to act ma} be
accompanied bN disclosure of the disquulifpirtg interest.
( I I ) Section 11. Assistance of the Commission and COtinsel.
Am designated enlplo}ce «ho is unsure ol'his or her duties Under this code ma\ request
assistance from the fair Political Practices Commission pUrstlant to Section 831 14 and
Regulations 18 329 and 18329.5 or From the atlorneN for his or her agenc\. pro% ided that nothing
in this section requires the attorne%- for the agency to issue any formal or infurmal opinion.
(12) Section 12. Violations.
13
RESOLUTION NO. 17-04-CRJPA (Exhibit "A")
Page 17 of 27
This code has the force and effect of law. Designated employees violating ani- provision
ofthis code are subject to the administratke. criminal and civil sanctions provided in the
Political Relurm Act. Sections 81000-91014. In addition. a decision in r'elatiun to \%hicll a
N iolation of the disqualification provisions ol'this cede or ol'Section 87100 or 87450 has
occurred may he set aside as void pursuant to Section 91003.
i Designated employees %%ho are required to file statements of economic interests Under
am other agenc)'s conflict of interest code. or Under article 3 for a dillerent jurisdiction, lila}
c\pand their statement of economic interests to cciver reportable interests in both jurisdictions.
and file copies of this expanded Statenwol. With both entitles til lietl Uf Illi11L .-separate and diStinCt
statements. provided that each cop% of such expanded statement filed in place ofan original is
siL-ned and verified by the designated cnlplowe as if' it x%cre an original. -';CC Section 81004,
Sce Section 81010 and Ite+'elation 181 15 For tic duties offiling officers and persons in
a_ucncies %6o make and retain copies ol'statemellb and lomard the ori�-inals to the filing officer.
For lite purpose ofdisclosure only {not disqualification}, tin interest in real property
does not include the principal residence of the filer,
a Investments and interests in real propertN which have a lair market %aloe of less than
$2.000 are not investments and interests in real propert} %%ithin the meaning of the Political
Relarm Act. Flowevcr. investments or interests in real propertt of*an individual include those
held by the individual's spouse and dependent children as %%e1l as a pro rata share of any
investment or interest in real property ol'any business entity ur trust in which the individual.
spouse and dependent children oven. in the aggregate, a direct. indirect or beneficial interest of 10
percent or greater.
14
RESOLUTION NO. 17-04-CRJPA (Exhibit "A")
Page 18 of 27
A designated emploNce's income includes his or her communhN property interest in the
income of his or her spouse bUt docs not include salad or reimbursement for expenses reeell ed
f%-om a state. local or federal government aaencv.
" Income of a bllSInCSS Cntltl is rcportablc if the direct. indirect or beneficial interest of
the tiler and the filer's spouse in the business elltitY aggregates a 10 percent or greater interest. In
addition. the disclosure of persons who are clients or customers ora btlSllleSS Clltlt% is required
onlN ifthe clients or customers are within one ofthe disclosure categories of the filer.
Note: Authority cited: Section 831 12. Government Code. Reference: Sections 87103(e).
87300-87303. 89501. 89502 and 89503. Gov ernment Code.
1-11STORY
I. New section filed 4-2-80 as an enler_enc): eflccti%e upon filing, (Register 80. No. ISI).
Certificate of Compliance inelUdCd.
2. Hitorial con-ection (Register 80. No. 29).
3.A mendment of sUhsectlon (b) I Iled 1-9-81 : elfeetne thirtieth day thereafter (Reuister 81. No.
I ).
4. Amendment ol'subsection (b)(7)1B)1. filed 1-26-83. effective thirtieth den thereafter(Re,—,ister
833. No. i).
5. ,Amendment ol'subsection (b)(7)(A) filed I 1-10-83: effective thirtieth dad thereafter (Register
83. No, 46).
6. Amendment filed 4-I i-87: operative 5-13-87 (Register 87. No, 16).
7. Amendment ol'subsection (b) filed 10-21-88: operative 11-20-88 (Reuister 88. No. 46).
S. Amendment of -subsections (b)(8)(A) and (b)(8)(S) and numerous editorial chan!ues filed 8-28-
90: operative 9-27-90 (Reg. 90. No. 42).
15
RESOLUTION NO. 17-04-CRJPA (Exhibit "A")
Page 19 of 27
9. Amendment of subsections (b)(3). (b)(8) and rcnunlbering of folloNvine subsections and
amendment ol'Note filch 8-7-92: operative 9-7-92 (Register92. No. 32).
10. Amendment of stibsection (b)(5.5) and ne%% subsections (b)(5-5)(A)-(A)(2) Filed 2-4-93:
operative 2-4-91 (Reaister93. No. 6).
11. Change without re+"ulutory eflecl adopting_ Conflict cif' Interest Code Ear California Mental
I iealth I'1a1111ine Council filed 11-22-93 pursuant to title I. section 100. California Code of
Regulations (Reuister 93. No. 48). Approved by Fair Political Practices Commission 9-31-93.
12. Change vvitllout regulatory ci'lcct redesignating Conflict of Interest Code F01' Califlornia
lNlental I lealth Planning_ Council as chapter 63. section 55100 Tiled 1-4-94 pursuant to title I,
section 100. California Code ol'Regu1,16011S (Register 94. No. 1).
13. I-ditorial correction adding_ I Iistory I 1 and 12 and deleting duplicate section number
(Re�_ister94. No. 17).
14. Amendment ofsub%ection (b)(8)• do>il-natioll 0f`subsec1i0n (b)(8)(A). ne%% SUbsection
(b)(8)(B), and amendment of subsections (b)(8.I ? (b)(8.I )(B). (b)(9)(EE) and Note filrLI i-14-93:
operative 3-14-95 pffsuant to Government Code section I [-14.1,4(d) (Resister 95, No. I I I.
15. Editorial correction insertim4 inadvertenti} omitted in footnote 4 (Re,-,ister 96. No.
13 ).
16. Amendment of`subsections (b)(8)(A)-(B) and (b)(8.1 )(A). repealer o{`subsection (b)(8.1 )(B).
and amendment of subsection (b)(12) filed 10-23-96: operative 10-23-96 pursuant to
Gov ernment Code section I 1 343.4(d) (Reuister 96. No. 4311,
17. Amendment of subsections (b)(8.1) and (9)(Fi) filed 4-9-97: operative 4-9-97 pUrSUant to
Government Code section I I343.4(d) (Reu,ister 97. No. 15).
16
RESOLUTION NO. 17-04-CRJPA (Exhibit "A")
Page 20 of 27
I8. Amendment of subsections (b)(7)(1.3)5., jim subsections (h)(8.2)-(b)(5.4)(C) and amendment
ol'Note filed 8-24-98: operative 8-24-98 pursuallt to Gael-11111ent Code section 1134i.4(d)
(ReL_ister98. No, 35).
19. Editorial correction 01'subsection (a) (Reizister 98. No. 47).
20. Amendment of sul,sectiotls (b)(5.1). (b)(8. [)(A) and (b)(9)(E) filed 5-11-99: operative 5-1 1-
99 ptlrsuallt to Government Code section 1114 3.4(d) (ReL_ister 99. No. 20).
21. Amendment ol`sttbsections (b)(8.1)-(b)(8.[)(A) and (b)(9)(F) filed 12-6-2000: Operative 1-1-
2001 ptlr5M1111 EO the 1974 %ersion ol'Governmetlt Code section 11 ;50.2 and -1 itle ? California
Code olRe�u1t1ti011S. section 15312(4) and (c) (Itcuister2000. No. 49)•
22, Amendment ol'subsections (b)(3) and (b)(10) filed 1 -10 -?001: operative 2-1-2001.
Submitted to 0A1_ lot• Kling pursuant to Pail- Political Pruc•tires C'ammisciun r. O1/ice of
lchlrilti.etratilc L iu% 3 Civil 0010934. Calilornia Court ol`Appeal. ` hird Appellate District,
nonpublished decision. April 37. 1992 (FI'PC regulations only subject to 1974 Administrative
Procedure Act ruleinukinL, requirements) (Register 2001. No. 2).
33. Amendment oi'sulisections (b)(7)(A)4.. (b)(7)(B)L-2.. (b)(8.2)0;)3).. (b)(9)(A)-(C) and
footnote 4. filed ?-13-?001. Submitted to OAL for filing pursuant to Fair' Pulitic•al Putctice-Y
ComillivNirnl r. Office u/'.lrhninistrativ Lau, 3 Civil ('010924. Calilornia Court of`Appeal. Third
.-Appellate District. tlonpuiilislled decision. April 27. 1992 (FPPC reQUlations ant) subject to 1974
Administrative Procedure Act rulcmakinL! requirements) lRe4gister 2001. No. 71,
24. Amendment 01'subsections (b)(8.1) -(b)(8.1 )(A) tiled 1-16-2003: operative 1-1-200.
Submitted to OAL for filing pursuant to Muir Pulitivul 1'l-aclkvi C olmllisVrun v.. Office nl,
,-lrhninisowtive Law. 3 Ci%ii 0010924. California Court o('Appeal. Third Appellate District.
17
RESOLUTION NO. 17-04-CRJPA (Exhibit "A")
Page 21 of 27
nonpublished decision. April 27. 1992 WPPC regulations 0111) subject to 1974 Administrative
Procedure Act rulemaking_ requirements) ( Register 2003. No. 3).
25. I'diturial correction ol'1 listory 24 (Register 2003. No. 12).
26. Editorial correction removinu, extraneous phrase in subsection (b)(9.5)(B) (Register 2004.
No. 33).
27. Amendment ol'subsections (b)(2)-(3). (b)(3)(C). (b)(G)(C)• (b)(8.1)-(b)(S.I )(A). (b)(9)(F) and
(b)(1 I )-(12) tiled 1-4-2005: operative I-1-200-5 pursuant to Go%eminent Code section 11343.4
t Re2ister 2005. No. I ).
28. Amendment ol'subsection (b)(7)(A)4. Bled 10-11-2005: operative I I-10-2005 (Register
2005. No. 4 1 ).
29. Amendment ol'stthseetiulls (a). (b)( I). (b)(3). (b)(8.1). (b)(8.1 )(A) and Ib)(9)(F:) Iiled 12-18-
21006: operative 1-1-2007. Submitted to OAI. pursuant to Fail- l'olilicul Il-aclicev ('uutllrilssioll v.
!)/lice of.Icinunislrulive I.mv. 3 Civ it ('010924. Cal Court ol'Appeal. Third Appellate
District. nonpuhlitilled dccisian. Apri127. 1992 (1 -PPC reuulation5 onlN subicet to 1974
Administratke Procedure Act rulemaking-, requiremcntti) (Register 2006. No. 51 }.
30. _Amendment ol'subsections (h)(S.I)-(b)(S.I)(A) and (b)(9)(E) filed 10-31-3005: operative I I-
,0-2008. Submitted to OAf. f'or Filing pursuant to Inti►• 1101ilic•ul 1'rrrclives CU!]11T i.v o1T 1'. Office
of ,lehWiaivirwive Icer. 3 Civil 0010124. C'alil'ornia Court ol`Appeal. Third Appellate District.
nonpublished decision. April 27. 1992 (I=PPC regulations on[)- subject to 1974 Administrative
Procedure Act rulemaking, requirements and not subject to procedural or substantive review bt
OA I.) (Register 2008. No. 44).
31. Amendment of'section heading and section filed I 1-15-2010: operative 13-I5-2010.
Submitted to OAI_ for filing, pursuant to Iuir Political Pi-aeliees C ommi.csirut v. Of iee q/
18
RESOLUTION NO. 17-04-CRJPA (Exhibit "A")
Page 22 of 27
lclministicrtire l.crn 3 Cix it C010934. California Court of'AppeaI. Third Appellate District.
nonpublished decision. April 27- 1992 (FPI'(' reLUIlations onl) subject to 1974 Administrative
Procedure Act nifemakin�_ requirements and not subject to procedural or substantive review by
0AL) (Reuister 3010. No. 47).
33. Amendment of section headinu and subsections (a) -(b)(1). (b)(3)-(4). (b)(5)(C). (h)(8.1)-
(b)(8. I )(A) and (b)(9)(E) and amendment of lootnote I riled 1-8-2013: operative 3-7-3013.
Submitted to OAL lot' filing" pursuant to Fair 1'olitic•crl t'raclires Co mlri.4sion r. UJ/ic'e of
:lclulilri�nulilcl,ulr. , Ci%il C010934. Cali lbrnia Court oi'Appeal. Third Appellate District.
nonpublished decision. April 27. 1992 (FPPC re��ulations Only SUblect to 1974 Administrative
Procedure Act rulemaking rrguirements and 1101 %Ubject to procodUral or substantive review by
OAL) (ReLdster2013. No. 3).
33. Amendment ofsubsections (b)(8.I )-(b)(8.l)(A).(b)(8.'-)(F:} 3. and (b)(9)((~) filed 13-15-2014:
operative 1-1-201 pursuant to section 18313(e)(1)(A). title -7. Calilornia Code oI'Re�amIntions.
Submitted to OAL for filing_ and printing pursuant to Ferir P01itic•c11 f'r•uc•tires C'0111111iV.Vion r•
Office nJ, lrinulrictrutircx 1 mr_ 3 Civil 0010924. Calilornia Court ofAppeaf. Third Appellate
District. nonpublished decision. April 27. 1993 ( HIPC regulations oniv Subject to 1974
Adminisu•atk e Procedure Ad rulemaking., requirements) (Register 3014, No. 51).
34. Redesitmation of portions ol'subsection (b)(8)(A) as nevv subscc6011S (b)(8)lB)-(D).
amendment Ofsubsections (b)(8.1 )-(b)(8.1 )(A). redesignation of portions ol'subsection
(b)(8.1)(A) ati neve subsection, (b)(8.1)(13) -(C) and amendment ofsubsection (b)(9)(L:) filed 12-
1-2016: operative 13-31-3016 pursuant to Cal. Code Regs. tit. I section 18312(e). SUbmitted to
OA I. lin• filings pursuant to Fair Polilicul Practices C omnriv.vion v. 01 ice ol'A(bidnictrcrlive Lou-.
3 Ci%it C010934, Califurnia COUrt OI'Appeal. Third Appellate District. nonpublished decision.
19
RESOLUTION NO. 17-04-CRJPA (Exhibit "A")
Page 23 of 27
April 37. 1993 (FPPC re__ulatiO11S only subJect to 1974 Administrative PI.00edllre Act rulemaking,
requirement~ and nut SAlb ed tO Procedural or Suhstanti%'e revie%� hN OAI.) (Register 2016. No.
49).
20
RESOLUTION NO. 17-04-CRJPA (Exhibit "A")
Page 24 of 27
EXHIBIT "B"
Conflict of Interest Code
of the
CARSON RECLAMATION JOINT POWERS AUTHORITY
Incorporation of FPPC Regulation 18730 2 California Code of Re ulations
Section 18730) by Reference
The Political Reform Act (Government Code Section 81000, et seq.) requires state and
local government agencies to adopt and promulgate conflict of interest codes. The Fair
Political Practices Commission has adopted a regulation (2 Cal. Code of Regs . 18730),
which contains the terms of a standard conflict of interest code. After public notice and
hearing, it may be amended by the Fair Political Practices Commission to conform to
amendments in the Political Reform Act. Therefore, the terms of 2 California Code of
Regulations Section 18730, and any amendments to it duly adopted by the Fair Political
Practices Commission, is hereby incorporated into the conflict of interest code of this
agency by reference. This regulation and the attached Appendices (or Exhibits)
designating officials and employees and establishing economic disclosure categories
shall constitute the conflict of interest code of this agency.
Place of Filing of Statements of Economic Interests
All officials and employees required to submit a statement of economic interests shall
file their statements with the agency head, or his or her designee. The agency shall
make and retain a copy of all statements filed by its Board Members, and the Executive
Director and forward the originals of such statement to the Executive Office of the Board
of Supervisors of Los Angeles County.
The agency shall retain the originals of statements for all other Designated Positions
named in the agency's conflict of interest code. All retained statements, original or
copied, shall be available for public inspection and reproduction (Gov. Code Section
81008).
RESOLUTION NO. 17-04-CR]PA (Exhibit "B")
Page 25 of 27
CARSON RECLAMATION JOINT POWERS AUTHORITY
CATEGORY 7
Persons in this category shall disclose all interest in real property within the jurisdiction.
Real property shall be deemed to be within the jurisdiction if the property or any part of it
is located within or not more than two miles outside the boundaries of the jurisdiction or
within two miles of any land owned or used by the agency.
Persons are not required to disclose a residence, such as a home or vacation cabin,
used exclusively as a personal residence; however, a residence in which a person rents
out a room or for which a person claims a business deductions may be reportable.
CATEGORY 2
Persons in this category shall disclose all investments and business positions.
CATEGORY 3
Persons in this category shall disclose all income (including gifts, loans and travel
payments) and business positions.
CATEGORY 4
Persons in this category shall disclose all business positions, investments in, or income
(including gifts, loans and travel payments) received from business entities that
manufacture, provide or sell service and/or supplies of a type utilized by the agency and
associated with the job assignment of designated positions assigned this disclosure
category.
CATEGORY 5
Individuals who perform under contract the duties of any designated position shall be
required to file Statements of Economic Interests disclosing reportable interest in the
categories assigned to that designated position.
In addition, individual who, under contract, participate in decisions which affect financial
interests by providing information advice, recommendation or counsel to the agency
which could affect financial Interest shall be required to file Statements of Economic
Interests, unless they fall within the Political Reform Act's exceptions to the definition of
consultant. The level of disclosure shall be as determined by the Executive Director or
his or her designee of the agency. (See footnote in Exhibit "B" for clarification.)
RESOLUTION NO. 17-04-CRJPA (Exhibit "B")
Page 26 of 27
CARSON RECLAMATION JOINT POWERS AUTHORITY
Designated Positions
Board Members
Treasurer
Board Attorney
Executive Director
Assistant Executive Director
Controller
Board Secretary
Consultants/New Positions*
Disclosure Categories
1, 2, 3
1,2,3
1,2,3
1, 2. 3
1,2,3
2,3
4
11
*Consultants/New Positions are included in the list of designated positions and shall
disclose pursuant to the broadest disclosure category in the code, subject to the
following limitations:
The Executive Director or his or her designee may determine in writing that a
particular consultant or new position, although a "designated position," is hired to
perform a range of duties that is limited in scope and thus is not required to fully
comply with disclosure requirements in this section. Such written determination shall
include a description of the consultant's or new position's duties and, based upon
that description, a statement of the extent of disclosure requirements. The
Executive Director or his or her designee's determination is a public record and shall
be retained for public inspection in the same manner and location as this conflict-of-
interest code. (Gov. Code Section 81008.)
EFFECTIVE DATE: 09/0712016
RESOLUTION NO. 17-04-CRJPA (Exhibit "B")
Page 27 of 27