HomeMy Public PortalAbout19750108 - Agendas Packet - Board of Directors (BOD) - 75-01 AA
likkle Meeting 75-1
AV=0 Imm I
MIDPENINSULA REGIONAL PARK DISTRICT
Regular Meeting
Board of Directors
A G E N D A
January 8 , 1975 7 : 30 P.M.
745 Distel Drive
Los Altos, CA
(7: 30) ROLL CALL
APPROVAL OF MINUTES - December 11, 1974
ADOPTION OF AGENDA
ORAL COMMUNICATIONS
WRITTEN COMMUNICATIONS
SPECIAL ORDERS OF THE DAY
(7: 45) 1. Election of Officers - K. Duffy
OLD BUSINESS NOT REQUIRING ACTION
(8: 15) 2. Urban Service Area Boundaries - H. Grench
(9: 00) 3. Conflicts of Interest Legislation - N. Hanko
NEW BUSINESS REQUIRING ACTION
(9: 45) 4. Educational Assistance Program - H. Grench
CLAIMS
(10 : 00) EXECUTIVE SESSION - Land Negotiations
ADJOURNMENT
MIDPENINSULA REGIONAL PARK DISTRICT
N 0 T I C E
Meeting of the
Subcommittee on
Master Plan Policy Statements
January 8, 1975 12: 00 Noon
745 Distel Drive
Los Altos, CA
There will be a meeting of the Board of Directors ' Sub-
committee on the Master Plan Policy Statements at 12 :00
Noon on January 8, 1975, in the offices of the Midpenin-
sula Regional Park District located at 745 Distel Drive,
Los Altos, California.
i
M-75-3
(Meeting 75-1,
Agenda item No. 2)
MIDPENINSULA REGIONAL PARK DISTRICT
MEMORANDUM
January 2, 1975
TO: Board of Directors
FROM: H. Grench, General Manager
SUBJECT: Urban Service Areas
I will be presenting an oral report on January 8 regarding
the Urban Service Area boundary changes which LAFCo is con-
sidering.
I
HG:acc
I
(Meeting 75-1,
*A=0 caw Agenda item No. 3)
MIDPENINSULA REGIONAL PARK DISTRICT
MEMORANDUM
January 6, 1975
TO: Board of Directors and Staff
FROM: S. Norton, Legal Counsel
SUBJECT: The Political Reform Act of 1974 (Prop. 9)
The purpose of this report is both to review the provisions
of Prop. 9 as it affects the Midpeninsula Regional Park Dis-
trict, its directors and staff, and to respond to Nonette
Hanko' s memorandum of November 28, 1974 (attached) .
The Political Reform Act of 1974 (Prop. 9) was approved by
the voters as an initiative measure at the primary election
held in June, 1974. Its most important provisions as they
affect local agencies had been covered by previously enacted
state law, principally the Waxman-Dymally Campaign Disclosure
Act (Ch. 1186, Stats. 1973-74) filed October 2, 1973 and
effective January 1, 1974. While there is some debate on the
subject, it may be assumed that Waxman-Dymally and similar
laws covered by Prop. 9 were impliedly repealed or superseded
by Prop. 9 effective January 7, 1975.
In previous reports we have covered existing law on the sub-
jects of conflicts of interest, disclosure of financial in-
terests, and campaign finance disclosure reports. Prop. 9
substantially duplicates and re-enacts the law on these sub-
jects. Prop. 9 goes further, however, in that it (1) mandates
the enactment of conflicts of interest codes at the local
level, (2) creates a state Fair Political Practices Commis-
sion, (3) regulates lobbyists and (4) places limits on ex-
penditures for candidates and measures at state-level elections.
Attached is a copy of "The Political Reform Act of 1974 -- Its
Implementation" prepared by the League of California Cities
mainly for the benefit of city officials. It is a fair sum-
mary of Prop. 9 and, except as indicated, may be assumed to
apply as well to districts, including the MRPD.
M-15-4 Page two
Conflicts of Interest. The law applies to regional park dis-
tricts and remains essentially unchanged. (As in all cases ,
if you think you may have a conflict of interest, consult
District counsel before participating or voting on a subject. )
Disclosure of Financial Interests. Like Waxman-Dymally, the
law applies to elected state officers, county supervisors,
city council members, chief administrative officers of counties
and cities, and candidates for such offices. Like Waxman-
Dymally, it does not apply to special districts, including
the MRPD. However, as later discussed, disclosure requirements
will undoubtedly be imposed on MRPD directors and designated
employees by the Conflict of Interest Code required to be
adopted after April 1, 1976.
Campaign Finance Disclosure Reports. The law remains essen-
tially unchanged except for reporting dates. At the time of
elections, candidates and committees shall report forty (40)
days before, twelve (12) days before and sixty-five (65) days
after the election. At other times, committees and candidates
receiving contributions and elected officials must file state-
ments semiannually, one for the first six months and one for
the last six months of the year.
As relates to MRPD directors elected in November, 1974 and
who reported under Waxman-Dymally in December, 1974 , no further
reporting is required at this time assuming no campaign funds
were collected or expended between the time of the last report
and January 7, 1975. Otherwise see the District Secretary
about filing an additional report by January 31, 1975.
Conflicts of Interest Code. As previously stated, after April
1, 1976 each local agency, including the MRPD, must submit
to the "code reviewing body" (for MRPD, the board of super-
visors) a Conflicts of Interest Code. The Code will cover
directors and designated employees and require the filing of
annual statements disclosing reportable investments, interests
in real property and sources of income which may foreseeably
be affected materially by any decision made or participated
in by the designated officer or employee.
Assistance and guidance in this respect will undoubtedly be
provided by the Fair Political Practices Commission in the
development of a model code.
It is possible, although improbable, that the Commission will
purport to enable special districts, in addition to cities
and counties, to apply assets disclosure requirements to can-
didates as well as to elected officials and designated em-
ployees.
M-75-4 Page three
Fair Political Practices Commission. All initial appointments
shall be made by February 1, 1975.
Response to Hanko Inquiry. In her memorandum of November 28,
1974, Mrs. Hanko correctly observed that "whereas candidates
for state offices, city councils, boards of supervisors, are
required to disclose investments and property interests (before
an election) . . .candidates for special district offices are
not. " She felt they should be so required, and stated her
understanding (possibly incorrect) "that any corrective amend-
ment to the State law as it applies to candidates would re-
quire a simple majority vote of the legislature. "
Title 9 of the Government Code (Prop. 9) can be amended in one
of three ways:
(1) By an initiative measure circulated among and
approved by the voters in the same way Prop. 9
was adopted.
(2) By a statute (enacted by a simple vote of the
legislature) "that becomes effective only when
approved by the electors. " Gov. Code Sec. 81012
(b) (Prop. 9) .
(3) By a statute passed by a 2/3 vote of the member-
ship of each house of the legislature by roll
call vote entered in the journal and signed by
the Governor, after delivery forty (40) days
in advance to the Fair Political Practices Com-
mission for distribution to the news media and
to every person who has requested the Commission
to send copies of such bills to him/her. Gov.
Code Sec. 81012 (a) (Prop. 9) . *
It is arguable that if Waxman-Dymally and similar laws could
be adopted by a simple majority vote of the legislature, then
so could a law be adopted applying asset disclosure require-
ments to candidates for special district offices. If, however,
*Such a change in the law could be achieved simply by amending
Gov. Code Sec. 87200 (Prop. 9) to read as follows:
"87200. This article is applicable to elected
state officers, members of the board of super-
visors and chief administrative officers of
counties, mayors, city managers, chief admini-
strative officers and members of city councils
or cities, members of boards of directors of
districts, and to candidates for any of these
offices at any election. "
M-75-4 Page four
such a law were to be placed in Title 9 of the Government Code,
as would be logical, or even attempted to be placed elsewhere
in the code, then it seems probable an opinion of the Attorney
General and/or the Legislative Counsel to the effect that
Section 81012 (a) is inapplicable would have to be obtained be-
forehand.
It also seems probable that such an amendment, however attempted,
would draw strong opposition from the special district lobby
especially school districts.
Another possibility, suggested above, would be to persuade the
Commission, when it prepares its model Conflict of Interest
Code, to include candidates for special district offices among
those to be covered by the Code. The Commission' s authority
to do so under Prop. 9, however, is not abundantly clear.
I will be pleased to attempt to answer other questions you may
have, now or from time to time.
SN:acc
(M, in 74-25,
Agenda item No. 10)
MIDPENINSULA REGIONAL PARK DISTRICT
November 28 , 1974
To Board of Directors
From : Nonette Hanko
Subject : Conflicts of Interest
Dear Colleagues
In the process of participating in a county study of
special districts conducted by the League of Women Voters, I have
become aware that certain provisions of the new State conflicts of
interest law ( Proposition 9 , adopted by the voters in June , 1974
do not affect special districts. In my opinion they should.
On February 27, 1974, even before Proposition 9 became
law, the M.R.P.D. had the foresight to adopt conflict of interest guide-
lines affecting both Board and Staff. These guidelines contain almost the
same provisions as those now required of us under the GeneralProhibition
sections of Proposition 9. In addition, elected officers and staff of special
districts are now required to disclose investments and property interests
within a conflict of interest code to be approved by a commission which
is established under the legislation.
Whereas candidates for state offices , city councils, boards
of supervisors, are required to disclose investments and property interests
see Article 2. sections 87200 and 87201 attached candidates for special
district offices are not. In the case of M.R.P.D. , a candidate could have
large real estate holdings in the foothills and baylands without the public's
being knowledgeable of this fact until after the election.
It seemed appropriate to me if we were to consider the merits
of an amendment, that it be done between elections when no candidate could
feel personally offended. It is my understanding, also, that any corrective
amendment to the State law as it applies to candidates would require a simple
majority vote of the legislature.
I would therefore recommend that our legal counsel be directed
to report on the provisions of Proposition 9 as affecting the M.R. P.D. with
the intention of recommending to the Board appropriate feasible action to
amend state law pertaining to disclosure of investments and real property in-
terests by candidates for special district offices.
Sincerely,
E -
� . r
or,if subject to confirmation,ten days before being confirmed,unless an earlier include the preparation of mnclCl provisions for various types of Priencies.- {
r,s,u pt:on of office is required by emergency circumstances.The provisions of Nothing in this section shall relieve each agency of the responsibility for i
the Conflict of Interest Code adopted under this subsection shall not be adopting a Conflict of Interest Code appropriate to its individual
ajvplicable to any designated employee who is covered by Article 2 of this circumstances. , j
c:° 'pter
(C) Sneciz.e provisions setting forth any circumstances under which CHAPTER 8. BALLOT PAMPHLET' � {
d ova cd errtplo;ea or categories of designated employees must disqualify 8E000. There shall be a state ballot Pamphletvvhichshallbepreparedb tlt`e
themselves from making or participating in the making of any decision. SCemtary of State. Y
I3nsquatu;catnan shall be required by the Conflict of Interest Code when the t
dcst mated employee has a financial interest as defined in Section 87103 which &,001. The ballot pamphlet shall contain
It is reasonably foreseeable may be affected materially by the decision. No (a) A complete copy of each state measure;
desig3naked employee shall be required to disqualify,himself with respect to any woulld be rep aled or of the prevised byific t each ostate measure provision,if any,which
matter which could not legally be acted upon or decided without his (c) A copy of the arguments and rebuttals for and against each state measure.
participation. (d) A
87303. No Conflict of Interest Code shall be effective until it has been copy of the analysis of each state measure.
approved by the code reviewing body.Each agency shall submit a proposed theoSecretaryes oof State tdet indexes,
rm determines art
will make graphics
and otpamphlet easier to
Conflict of Interest Code to the code reviewing body by the deadline
established for the agency by the code reviewing body.The deadline for an understand or more useful far the average voter.
egency in existence on April 1,1975,shall not be earlier than April 1,1976.The voted upon, e balllot pamphlet
shall order contain t forth ur each
hetate measure to be l
deadline for any agency not in existence on April 1,1975,shall be six months (a) upon the tothis After it comes into existence.Within ninety'days after receivingtheproposed P Pardon of the first page and not exceedin;one third of the
page shall appear:
i
Code or receiving any.proposed amendments or revisions,the code reviewing
•"
body shall: g (i) The identification of the measure by number and title.
a Approve (ii) The official summary the prepared
( .proposed code as submitted; ry P P red by the Attorney General.
(iii) The total(b) Revise the proposed code and approve it as revised;or number of votes cast for and against the measure in both the
(c) Return the proposed code to the agency for revision and resubmission State Senate and Assembly if the measure was passed by the Legislature.
within sixty days.The code reviewing body shall either a prove the revised (b) upon the lower portion of the first left pare and upon the top ha1F of
of Interest Code or the right page,if necessary,shall appear the analysis prepared by the legislative
code or revise it and approve it.When a proposed Conflict
amendment is approved by the code reviewing body, it shall be deemed analyst.
adopted and shall be promulgated by the agency.
(e) If arguments for and against the measure have been submitted,then the
87304. If any agency fails to submit a proposed Conflict of Interest Code or text of the measure shall appear on the right pa a facing the analysis.If the text '
9Imendments within the time limits prescribed pursuant to Sections 87303 or does not fit on this page,it shall be continued in the!ack of the pamphlet. '
306,the code reviewingbody may issue an a Arguments for and against the measure shall be placed an the next left and right
Y Y y appropriate order directed to the pages respectively. The rebuttals shall be placed immediately below the
agency or take any other apppropriate action, including the adoption of a arguments.
Conflict of Interest Code for the agency.
97303. If after six months following the deadline for submission of the (d) If no argument against the measure has been submitted,the argument
proposed Conflict of Interest Code to the code reviewing body no Conflict of for the measure shall appear on the right page facing the analysis.The text of
Interest Code has been adopted and promulgated,the superior court may,in the measure shall be printed in the back of the pamphlet.
an action filed by the agency,the code reviewing bad an officer,employee, (e) The text of the measure shall contain the ,o',isions oS the proposed
g y> Y measure and the existing provisions of law re aled or revised by the measure.
member or consultant of the agency,or any resident of the jurisdiction,prepare The provisions of the proposed measure differing from the existing provisions- .
a Conflict of Interest Code and order its adoption by the agency or grant any of law affected shall be distinguished in print,so as to facilitate Comparison.
other appropriate relief.The agency and the code reviewing body shall be
parties to any action filed pursuant to this section. (f) The following statement shall be printed at the bottom of each page ;
873GS. Evcry n!,encys?tali amend its Conflict of Interest Code subject to the where arguments ap,Cain"Arguments printed an this p ;e arc,the opia �s c€
provisions of Section 87303, when change is necessitated by changed the authors and have not been checked for accuracy by any official a<,e ncy.,,
circumstances, including the creation of new g 8s003. The legislative analyst shall prcpaa en im.nartial aralysis<of the
positions which must be measurC desen'bing the measure and including
ig a fiscal analysis of the nneuure �<
designated pursuant to S^etion 8730° (a) and relevant changes in the duties shovvin3 the amount of any increase or decrease fi revenue or cost a state or
assigned to existing positions.Proposal;for amendments or revisions shall be local government.The analysis shall be written in clear and concise terms which
submitted to the code reviewing body within ninety days after the changed will easily be understood by the average voter,and shall avoid the use of
circumstances necessitating the amendments have become apparent. If after technical terms wherever possible. The analysis may contain baftround
nine months following the occurrence of such changes the Conflict of Interest infatuation,including the effect of the measure on existing! vv and the effect
Code has not been amended or revised, the superior court may issue any of enacted legir lotion which will bcCarne effective if the measure is a*.lapsed,
apppropriate order in an action brought under the procedures set forth in Section and shall generally set forth in an impartial manner the information which the
87303. average voter needs to understand the measure adequately.Tne legislative
87307. An agency may at any time amend its Conflict of Interest Code, analyst may contract with
subject to the provisions of Section 87303,either upon its own initiative or in Professional writers,educational spec alists or other
response to a petition submitted by an officer,employee,member or consultant persons for assistance in writing an analysis that fulfills the requirements of this
section,including the requirement that the analysis be x itten so that it will be _
(, of the agency,or a resident of the jurisdiction.If the agency fails to act upon easily understood by the average voter.The legislative analyst May also request
such a petition within ninety days,the petition shall be deemed denied.Within the assistance of any state department agency, Y Y n
thirty days after the denial of a petition,the petitioner may a Hey,or of in reparins his .,
reviewing body.The code reviewing body shall either ay dismiss appeal code analysis.The title of the measure which appears on the ballot shall be amerrdari
issue an appropriate order to the agency within ninety days. ppeAl or to contain a summary of the legislative analyst's estimate csF the net stake and
87�g, Y Y local government Financial impact.Judicial review of any action of a code reviewing body under this' &M. Measures shall be printed in the ballot pamphlet,so far as possible,
chapter may be sought by the agency,by an officer,employee, member or in the same order,manner and form in which they are designated upon the
consultant of the agency,or by a resident of the jurisdiction. ballot.
87309. No Conflict of Interest Code or amendment shall be approved by the SM. The ballot pamphlet shall be
code reviewing body or upheld by a court if it: P P Printed according to the fallowing
(a Fails to provide reasonable assurance that all foreseeable specifications:
pa
conflict of interest situations will be disclosed or prevented; potential size;
The pages of the pamphlet shall be not smaller than 8r/s x 11 inches in
(b) Fails to provide to each affected person a clear and specific statement z
of his duties under the Code;or (b) It shalt be printed in blear readable tope,no ICSS than l4point,except )
that the text of any measure may be set forth in 8-point type;
(e Fails to adequately differentiate between designated employees with (c) It shall be printed on a quality and weight of paper which in the i
different powers and responsibilities. judgment of the Secretary of State best serves the voters;
87310. If the duties o€a designated employee are so broad or indefinable (d} The pamphlet shall contain a certificate of correctness by the Secretary
that the requirements of Section 87309 cannot be complied Kith,the Conflict of State.
of Interest Code shall require the designated employee to comply with the &3005.5. The Legislative Counsel shall prepare and proofread the texts of all
requirements of Article 2 of this chapter. measures and the provisions which are repeated or revised.
87311. The review of proposed Conflict of Interest Codes by the 88006. Not less than twenty days before he submits the copy for the ballot
Commission and by the Attorney General and the preparation of proposed pamphlet to the state printer, the Secretary of State shall matte such cope
Conflict of Interest Codes by state agencies shall be subject to the available for public examination. Any voter may seek a writ of mandate
Administrative Procedure Act. The review and preparation of Conflict of requiring any such copy to be amended or deleted from the ballot pamphle#.
procedures
Interest Codes by local government agencies shall be carried out under A peremptory writ of mandate shad issue only upon clear and convincing proof
procedures which guarantee to officers,employees,members,and consultants _ that the copy in question is false, misleading or inconsistent with the
of the agency and to residents of the jurisdiction adequate notice and a fair requirements of this chapter or the Elections Code,and that issuance of the writ
opportunity to present their views. will not substantially interfere with the printin;ennd distribution of the ballot
87312. she Cammissfon shall,u on request,provide technical assistance to pamphlet as required by law.Venue for a proceeding under this section shall
agencies in the preparation of Conict of Interest Codes.Such assistance may be exclusively in Sacramento County.The Secretary of State shall be named as
48
P
d
4 (b) Any rcwspaper or other periodical of general circulation, book 87205. (a) For
publisher, radio or television station (including any individual who owns, office, the date anPuhosesch lOf d rmi e term ofbrig the
ce anive donned t�date of
Publishes, or is employed by any such newspaper or`periodical, radio or assuming office,whether ar not the person holding fire office actuallydateassumed
television sta'cn) which in the ordinary course of business publishes news the office on that date.
'terns,ed'tonatr,ar other comments,or paid advertisement,which directly or (b) A person who completes a term of an office c a
indirectly urge legislative or administrative action if such newspaper, and on the same daY bog ns a term of the same oftics or another such off ce of
s e'.r£iet!kn Section MM
1 er adieal,hook publisher,radio or television station or individual,enaagerfn the same juris!lotion is not deemed to assume Uri;: c Lave o'tce.Tire day'
no further or other actiaitics in connection with urging lejslative or on which the new term begins sball be deemed an anniverS
sdininistrative action other than to appear before a committee of the office. eryofemun^.ingthe
I eslature Or'efore s state agency in sir pposition to such action; 87206. When an investment or an interest in real pro
or g y pportoforino
(c} A Y disclosed under this article,the statement shall contain ;s required to be
for
the person whn represntinga bona fide church or religious soviet solely (a) A statement of the nature of the ir)vestnicnt or interest;
church purpose of protectingthe public right to practice the doctrines of such (b) The name of the business entity-in-which each investment is heldt and a general description of the business activity in
CHAPTER 7. CONFLICTS OF INTEREST engaged; 'which the btainelsi entity ijti
Article 9. Ceneraa Prohibition (e) The address or other precise location of the'reaI property;
87100. No public official at any level of state or toesl government shall (d) A statement whether the fair market value of the investment or interest
in real property exceeds ten thousand dollars($10,000) and whether it exceeds
make,participate in making or in any way attempt to use his o€ficial position one hundred thousand dollars ($100,000), Ths info
to influence a govarrrmentaI decision in which he knows or has reason to know Provided with respect to an interest in real property which is�used not bo•
he has a financial interest. as the residence of the filer, principally
87101. Section 871GO does not repent an (e) In the case of an investment wlaieh constitutes i`
p y public official from making or ifty percent or more of
Participating In the malting of a governmental decision to the extent his the ownership interest in a business entity,discIasure of thA inYestszrentg and
i,participation is legally required for the action or decision to be made.The fact interests in real property of the business entity;that an official's vote is needed to break a tie does not make his participation M In the case of a statement filed under Sections 87203'or 8726 sf the
legally uirod for investment or interest in real property '
req purposes of this section,. p perty was partially or wholly acquired or. 4°r
87102. The requirements of .Section` 87100 are in addition to the dosed of during the period covered by the statement,thedate of acquisition"
requirements of Articles 2 and 3 of this chapter and any Conflict of Interest or disposal'
Code adapted thereunder.No provision of Chapter 11 of this title is applicable 87207• (a) When income is required to be reported under'this article;the
to this article except the provisions of Section 91003.The remedies provided in statement shall contain,except as provided in subsections N and (c);
that section may be sought against any public official other than an elected state (1) The name and address of each source of income aggregating
officer,:and those-remedies are 'the exclusive remedies for a violation or and fifty dollars ($23p).or more in'value,or twenty five d Isus twohundred
threatened violation of Section 87l00: in value if the income was a gik )or mare„ 'f
87203.'An official has a financial interest in a decision within the meaning tY,i y, and a general desenphon=; the.bustness,
activi f an of each source;
,. .
of Section 871M if it is reasonably foreseeable that the decision will have a (2) A statement whether the aggregate value of income{;om each source.'
malarial financial effect'distinguishable from its effect an the public generally, was g neater than one thousand dollars 01,000),and whether i#was greater than: '
on: ten thousand dollars ($10,00 );
(a) Any business entity in which the public official has a direct or indirect (3) A description of the consideration,if any,for:wh
investment worth nacre than one thousand dollars ($1,000); received; ch the income vvas
(b) Any real Property in which the public official has a direct or indirect the case of agift,the amount and the date on which tht
interest worth more than one thousand dollars ($1,M); received, gift vas,
(c) Any source 'of income, other than loans by a commercial lending (b) When income of a business entity, ineluduig f.�ioomae ,cfa a sole
institution in t`re regular course of business,a gregatin hvo hundred fifty proprietorship,is required to be reported under this article,the statement shelf,
dollars($? 0) cr more in value received by or promised o the public official contain:
wi%anrn to et tfi 1^er to t` time when the decision is made;or (1) The name,address,and'a general descriptiotr of the b,ts.='h(d) Any till r ss entity in which the public official is a di color,officer, the business entity; ess activityaf
partner,tausme,eanyloyee,or holds any position of management. (2) In the case of business entity which provides l al or bi°olierat, ;
For Purlo!,zs of this section, indirect investment or interest means any the name of every eserv'ces,
person who paid fees to,the business entity if the filer's pro a '
investment or,inzcrest owned by the spouse or dependent child of a public rata share of fees from such person was equal to or greater than one thousand
official; by an agent on behalf of a public official, by any business entity dollars ($1,000);
controlled by the public official or by a trust in which he has a substantial (3) In the case of a business entity not covered b •interest.A busrn ss entity is controlled by a public official if the public official, of eve i Paragraph is i,`the name
his err s, � every Person from whom the business entity received pay-mezits if the filer's
bent spouse a-H..dependent children hold more than fifty percent of the Pro rats share of gross receipts from such person was equal to o greater than
oivnenhip interest in Ilia entity,A public official has a substantial interest in ten thousand dollars ($10,000) during a calendar year: l a trust when the off"soul,his spouse and dependent children have a present or
future interest worth more than one thousand dollars ($1,000). Article 3. Conflict of Interest Codes
Article 2
87300. Every agency shall adopt and promulggaate a Conflict of Interest Code
ir3isclosure' pursuant to the provisions of this article.A Conflict of Interest Cods shall have'
87200. This article is applicable to elected"state officers,members of the employee 1. shall he deee force of law and medviolativiolatian oon of a f Conflict
chap erg C�eh�o designated 1
board of supervisors and chief administrative officers of counties,mayors,cif
managers,chief administrative these
ersoff and members ti city councils of cities formulated at the is the most de f this!zed level possibleConflict ,bulewitl±nutdP shall
recluding,
ct that ft
and to candidates for anp of these offices at any election.
87201. Every candid ate for an office speciF ed in Section 87200shall file with shoulmtra-departmental review.Any question of the level of a department whic
his declaration of candidacy a statement disclosing his investments and his by the code be reviewing"agency"for purposes of Section 87300Shall lie,resalved "
interests in real property.
872 L Eve $7302. Each Conflict of Interest Code shall contain the followi a provisions,
Every Person who is elected-to an office specified in Section$7200 (a) Specific enumeration of the
shall,within thirty days after assuming such office,file a statement disclosing the making positions within the agency Which involve
his investments and his interests in realProperty. Eve g or participation in the making of decisions which may foreseeably
Every person who is have a material effect on any financial interest;
appointed to an office p specified in Section 87200 slnaltfile such a statement not (b) Requirements thak each•designated employee file annual statements
iris than ten days prior to assuming office, Persons who hold an office disclosing reportable investments,interests in real ronerty
mentioned in Section 87200 on the effective date of this article shall file such Conflict of Interest Code shall set forth for each and income.The
a statement within thirty days after the effective date of this article. ons Position or category of
87203. Every per on wtia holds an offices specified in Section 87200 shall investments,enumerated real ssction(a)of this section the specific types of
within thirty days after each anniversary Pproperty and income which are reportable and the
cry a assuming office,file a statement manner of eporting each item. An investment, interest in real propa ty or
disclasin$his investments,his interests in teal property and his income during income shall be made reportable by the Conflict of Interest Cade if the lousiness
the period since the previous statement filed under this section or Section 87202. entity in which the investment is held,the interest in real
The statement shall include any investments and interests in real property held income or source of income may fon'seeabty be affected matt 'or the
at any time during the Periosf covered by the statement,whether or not they decision made or participated in by the designated employee by virtue of his
are still held at the time of filing. position. The manner of-P ortin"
87204. Every person who leaves an office specified in Section 87200 shall, equivalent to the requirement of Article 2 of this chapter. l first statement
within thirty days after leaving the office, file a statement disclosing his filed under this section by a designated employee shall disclose any reportable `
investments,his interests in neat property,and his income Burin;the period investments and interests in real prapei3y.Statements shall be filed-by each
since the previous statement filed under Sections 87202 or 87203.The statement - designated employee within thirty days after the effrective date of the Conflict
shall include any investments and interests in real property held at any time of Interest Code.Thereafter,new civil service designated employees shall file
during the period covered by the statement,whether or not they are still held statements within thirty days after assuming office..ill other_neap a signazed
at the time of filing. employees shall file statements not less than ten days before assuming office
• 47 • I
Jiu� � �� , �3•vow�,
• ij SACRAMENTO 95014
LEaquE of caLIFORRia atiEs 1108 STREET
1916) 444-579❑
CALIFORNIA
C�T�E$ BERKELEY 94705
HOTEL CLAREMONT
�C� WORK (415) 643-3083
V�1 �1` TOGETV!Li,
ga�� LOS ANGELES 90017
/ 702 HILTON CENTER
(213) 624-4934
Via
November, 1974
To: Mayors, City Managers and City Clerks in Non-Manager Cities
Subject: Implementation of June 1974 Ballot Propositions
Sometime ago we advised you that we would be distributing a more detailed analysis
of Propositions 1, 2, 5 and 9 which were passed at the June 1974 statewide elec-
tion.
The members of your city council will be particularly interested in Proposition 9
because mayors and members of city councils and city managers or chief adminis-
trative officers will be required to file certain financial statements disclosing
specified assets prior to February 6, 1975. For this reason, it is extremely
important that those of you receiving this bulletin make copies of the analysis
available to each of the members of the city council, After the Act becomes
operative on January 7, 1975, and the Commission is appointed, many of the ques-
tions that cannot be answered now will be clarified by Commission rules, regu-
lations and interpretations. In the meantime, a Joint League/CSAC Committee on
Proposition 9 has been formed and is meeting on an on-going basis. The work
product of that committee will be made available to all cities early next year:,.
The League will also provide speakers and resource people on Proposition 9 on
request for divisional workshops or programs, and, of course, we will continue
to advise city officials of all official opinions involving the Act.
City officials interested in the use of gas tax funds for mass transit and bonds
for street construction will want to review the details of Proposition 5.
The Clean Water Bond Law and the State Park and Recreation Bond Act are being
implemented as indicated in the attached material.
Any of the League offices will be happy to answer questions you have about these
measures.
Don Benninghoven
Executive Director
l _
(d) Any business entity in which the public official is a director, offi-
cer, partner, trustee, employee, or holds any management position.
Thus, the disqualification sections are generally similar to those in the Moscone
Act. Some of the major differences from that Act are:
(a) There are no monetary penalties for violations. Instead persons may
sue to enjoin violations or compel compliance with the Act.
(b) There is no prohibition affecting former city officials who attempt
to influence public agencies by which they were employed (Section 3627
of the Government Code).
(c) If an officer with a conflict participates because his participation
is legally required for the decision to be made, he need not disclose
the interest. However, the fact that an official's vote is needed
to break a tie does not make his participation legally required.
Disclosure
WHO Mayors, members of city councils, city managers or chief adminis-
trative officers and candidates for those offices are required to
file statements listing specified personal financial interests.
Other "designated employees" will be included in local Conflict of
Interest Codes which must be adopted by local agencies. A designated
officer or employee will be any individual holding a governmental
position entailing the making, or participation in the making, of
decisions which may foreseeably have a material effect on any financial
interest. The only persons excluded will be unsalaried members of
boards and commissions which serve a solely advisory function. The
Conflict of Interest Codes need not be adopted prior to April 1,
1976, and the League will participate in the preparation and dis-
tribution of such codes well in advance of that date.
WHERE An original copy of all statements and reports required to be filed
by mayors, members of city councils, city managers or chief adminis-
trative officers and designated employees shall be filed with the
"agency" which shall make and retain a copy and forward the original
to the code reviewing body. "Agency" means "local government agencyll
and local government agency includes a city and any department, division,
bureau, office, board, commission or other agency of a city. The
city council is the code reviewing body with respect to the Conflict
of Interest Code adopted and promulgated by any city agency other than
the city council. The Commission is the code reviewing body with re-
spect to a city council. It appears, therefore, that mayors, members
of city councils, city managers or chief administrative officers should
file an original of each statement with the clerk of the council and
the clerk should make and retain a copy and forward the original to
the Fair Political Practices Commission. An original of a statement
filed pursuant to Conflict of Interest Codes should be filed with the
subordinate agency within the city adopting the Code. That agency will
be required to make a copy of the statement and file the original with
the clerk of the council, which is the reviewing body for such sub-
ordinate agency.
2 - ll/'74
THE POLITICAL REFORM ACT OF 1974 -- ITS IMPLEMENTATION
(Proposition 9 - June 1974 Ballot)
The Political Reform Act of 1974 is of direct interest to city officials because of
its comprehensive provisions regarding (1) conflicts of interest and disclosure,
(2) campaign finance disclosure reports, and (3) the establishment of a Fair Polit-
ical Practices Commission. While not directly affecting city officials, important
provisions (4) establishing limitations on campaign expenditures for statewide
offices and (5) regulating expenditures by lobbyists will be of interest to them.
Finally, the Act (6) provides for the revision of the ballot pamphlet used for the
November 5 and following statewide elections, (7) prohibits mass mailings at public
expense by elected state officers after a declaration of candidacy has been filed,
(8) eliminates the placing of incumbents at the top of any ballot, (9) requires
audits of campaign statements and lobbyist reports, and (10) establishes penalties
and enforcement procedures for violations of the Act. The initiative adds 11
chapters to the Government Code (commencing with Section 81000) which may be amended
by a vote of the people or, if to further its purpose, by a statute passed by a
2/3rds vote in each house and signed by the Governor. An important limitation on
legislative amendments is that they must first be presented in final form to the
Commission forty days prior to passage in each house. This means that there will
be no clarifying amendments prior to the 1975 Session of the Legislature. Except
for Chapter 8 which took effect immediately (Ballot Pamphlets) , the other ten
chapters take effect January 7, 1975. The Waxman-Dymally Campaign Disclosure Act
and the Moscone Governmental Conflict of Interests and Disclosure Act remain in
effect and to the extent that either Act does not conflict with this Act, it will
remain in effect until amended or repealed by the Legislature. It is not pre-
emptive and allows state and local agencies to impose additional requirements.
Conflicts of Interest
The conflicts chapter (Chapter 7 commencing with Section 87100) contains provisions
which both prohibit officials from participating in a decision when a conflict
exists and requires the filing of disclosure statements. The key prohibition in
the initiative section states* "No public official ... shall make, participate in
making or in any way attempt to use his official position to influence a govern-
mental decision in which he knows or has reason to know he has a financial in-
terest.`➢ This is a restatement of existing law. Thus, a city official must dis-
qualify himself from participating in a government decision if he has a financial
interest in the decision. To fall within the prohibition the decision must'.
(1) affect the official's financial interest to a greater extent than the
public generally, and
(2) have a "material financial effect" on,
(a) Any business entity doing business within the city in which the public
official has a direct or indirect investment worth more than $1,000;
(b) Any real property located within or not more than 2 miles outside the
boundaries of the jurisdiction in which the official has an interest
worth more than $1,000;
(c) Any source of income aggregating $250 or more received within 12
months prior to the time the decision is made;
ll/'74
5. A pro rata share of $1,000 or more of investments or interests
in real property of any business entity or trust in which the
filer or spouse owns directly, indirectly or beneficially a
10% interest or greater.
6. Whenever disclosure of investments or interests in real prop-
erty is required, investments and interests in real property
of a spouse and dependent children shall also be disclosed.
The statement of investments and interests in real property shall also
include (a) a statement of the nature of the investment or interest,
(b) the name of the business entity in which each investment is held,
and (c) the address or other precise location of the real property.
Investments do not include time or demand deposits in a financial
institution, shares in a credit union, any insurance policy, or any
bond or other debt instrument issued by any government or government
agency,
When income is required to be reported, the statement must contain:
1. A description of each source of income from which the office-
holder receives income aggregating $250 or more, or if the in-
come was a gift, $25 or more. The source of income is the per-
son, firm or other entity from which the income was received.
When the source of income is not a business entity or if the
source is a business entity but the official or spouse do not
own a 10% interest in the business entity, the description of
the source need only include the name and address of the per-
son, firm or business entity and a general description of the
business activity, if any, of each source. However, if the source
of income is a business entity, including a sole proprietorship,
and the official or spouse owns a 10% interest in it, the
description must include: the name, address and general des-
cription of the business activity and,.
(1) if the business entity provides legal or brokerage
services, the name of every person who paid fees to
the business entity if the filer's pro rata share of
fees from such person was $1,000 or more.
(2) any other business entity, the name of every person
from whom the business entity received payments if the
filer's pro rata share of gross receipts from such per-
son was equal to or greater than $10,000 during a calendar
year.
2. A statement whether the aggregate value of income from a source
was greater than $1,000 and whether greater than $10,000.
3. A description of the consideration, if any, for which the income
was received.
4. If a gift, the amount of the gift and date on which the gift
was received.
Until the matter is clarified by an authoritative ruling by the Fair
Political Practices Commission, courts, Attorney General or Legislative
4 - ll/'74
Every statement and report filed pursuant to the Political Reform
Act is a public record and every person is unconditionally entitled
to a copy during office hours at a charge not to exceed 104 per page.
WHEN 1. Mayor or council member candidates must file a statement dis-
closing investments and interests in real property with their
declaration of candidacy.
2. Persons elected to the office of mayor or council member shall,
within thirty days after assuming such office, file a statement
disclosing investments and interests in real property.
3. City managers or chief administrative officers must file a state-
ment disclosing investments and interests in real property not
less than ten days prior to assuming office.
4. Mayors, council members, city managers or chief administrative
officers holding office on January 7, 1975, shall file a state-
ment disclosing investments and interests in real property by
February 6, 1975.
5. Mayors, council members, city managers or chief administrative
officers shall, within thirty days of each anniversary of
assuming office, file a statement of investments, interests in
real property and income' received during the period since the
filing of the initial statement or the last annual anniversary
statement.
6. Mayors, council members, city managers or chief administrative
officers who leave office must, within thirty days after leaving
office, file a statement disclosing investments, interests in
real property and income received during the period since the
previous filed statement'. The statement must include investments
and interests in real property held during the covered period
whether or not they are still held at the time of filing.
7. The "anniversary date" of assuming office is the date the term
of office begins whether or not the office is actually assumed
on that date.
WHAT When investments or interests in real property are to be reported, the
statement shall contain;
1. -Investments worth more than $1,000 in business entities doing
business within the city, whether the interest exceeds $10,000
and whether it exceeds $100,000.
2. Interests in real property worth more than $1,000 (excluding the
filer's residence) located within or not more than two miles
outside of the boundaries of the city or city-owned property,
whether the interest exceeds $10,000 and whether it exceeds $100,000.
3. All such investments and interests in real property held at any
time during the period covered by the statement, whether or
not they are still held at the time of filing.
4. Investments and interests in real property of a business entity
in which the filer owns 50% or more of such business entity.
- 3 - ll/'74
Campaign Finance Disclosure Reports
The chapter of the Political Reform Act which regulates the filing of campaign
statements is very similar to the 1973 Waxman-Dymally Campaign Disclosure Act
(AB 703). Both the Act and AB 703 provide for the regulation of political com-
mittees, the filing of campaign statements and the enforcement of ,these require-
ments. Because of the similarity and because most of the Act's provisions are
already law, this analysis will only highlight the important differences. The
Office of the Secretary of State has detailed instructions and forms for Waxman-
Dymally which prevails until January 7, 1975.
(1) Present law (AB 703) requires each candidate and committee filing a state-
ment to state the name, organization and city of each person who has con-
tributed $100 or more. The Act reduces this amount to $50 or more and re-
quires that the street address be given.
(2) Present law (AB 703) requires each candidate and committee to file an annual
if calendar year" statement unless they have filed a statement in connection
with an election held during the year. The Act requires the filing of two
statements, one covering the first six months of each year and one covering
the last six months unless the candidate is required to file a statement
for an election within the six month period.
(3) Present law (AB 703) provides that a campaign statement need not be filed
by a candidate if not more than $500 has been received or expended in sup-
port of his candidacy. The Act reduces the amount to $200.
(4) Present law (AB 703) requires that an original and one copy of the statement
be filed with the county clerk and two copies with the city clerk. The Act
requires that one original and one copy of the statement be filed with the
city clerk.
Fair Political Practices Commission
The Political Reform Act establishes a Fair Political Practices Commission to
implement and administer the Act. The Commission is composed of 5 members, with
no more than three from the same political party, 2 of whom are appointed by the
Governor (one from each party) and one each by the Attorney General, the Secretary
of State and the Controller. The members may not hold public office or a position
in a political party and may not contribute to an election campaign.
The Commission may adopt rules and regulations and will prescribe forms, manuals,
and instructions to implement the various provisions of the Act. Any person may
request the Commission to issue an opinion respecting that person's duties under
the Act. If the person relies in good faith on the opinion he is exempt from any
of the penalties created by the Act.
The Commission may hold hearings and subpoena witnesses and documents to determine
if a violation of any of the provisions of the Act has occurred. If it concludes
a violation has occurred, the Commission may: (1) issue a cease and desist order,
(2) order any reports, statements or other information to be filed, (3) impose a
fine of up to $2,000.
Lobbyists
The Act requires lobbyists and their employees to file periodic reports disclosing
in detail how money used to influence legislation is spent. In addition, the Act
6 ll/'74
Counsel, it would be prudent in reporting income under para-
graphs 1. (1) or 1. (2) above to report gross rather than net
revenue when the filing officeholder normally pays a proportionate
share of the overhead from his pro rats share of the income.
When income is required to be reported it does not include:
1. Dividends, interest or any other return on a security
registered with the Securities and Exchange Commission.
2. Interest, dividends or premiums on any 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.
3. Salary and reimbursement for expenses or per them received
from a state or local government agency.
4. Gifts from relatives.
5. An inheritance.
6. Unused gifts returned to the donor or a charitable institution
within thirty days after receipt of such gift.
7. Informational material such as books or pamphlets.
8. Campaign contributions required to be disclosed by candidates.
Conflict of Interest Codes
The Political Reform Act requires that each agency adopt a Conflict of Interest
Code. "Agency" includes cities and each department, division, bureau, office,
board, commission or other agency of these. It is the policy of the Act that
codes be formulated at the most decentralized level possible and the city council
will determine any level of a department which shall be deemed an "agency."
The Code mustg
(1) designate positions which involve participation in a decision which may
foreseeably have a material effect on any financial interest.
(2) contain specific provisions setting forth circumstances under which the
designated officials must disqualify themselves.
(3) require each designated employee to file annual disclosure statements.
(4) designate interests to be reported and the manner of reporting.
The portions of the codes regulating disqualification and disclosure must contain
similar standards and tests to those found in the Act.
If after six months from the date a Code is required to be adopted (in most cases
April 1, 1976), an agency has not adopted a Code, the superior court may in an
action filed by any resident of the jurisdiction prepare a Code and order its
adoption.
- 5 - ll/'74
prohibits lobbyists from making certain kinds of contributions or gifts.
Chapter 6 (commencing with Section 86100) of the Political Reform Act requires
any person employed or retained as a lobbyist to register with the Secretary of
State before doing anything to influence legislative or administrative action.
A lobbyist is any person who devotes a substantial or regular portion of his
activities for the purpose of influencing legislative or administrative action at
the state level. Legislative action includes any activity with respect to bills
by legislators or legislative employees and action by the Governor in approving
or vetoing bills. Administrative action includes any rate making or quasi-legis-
lative proceedings of a state agency. Major differences between existing law and
the lobbyist part of the Act area
(1) enforcement by the Commission rather than by a committee of the Legislature.
(2) filing with the Secretary of State rather than with the Legislative Analyst.
(3) annual audit of lobbyists and lobbyists' employer records by the Franchise
Tax Board. There has been no audit of lobbyists' reports under existing law.
(4) prohibits certain contributions and gifts by a lobbyists and there are no
such limitations under existing law.
Disclosure
Each lobbyist must establish one or more named accounts and deposit in them all
payments received by him for the purpose of paying any expenses incurred for
lobbying. All such expenses must be paid from these accounts. Each lobbyist must
file a periodic report (monthly while the Legislature is in session) which con-
tainsg (1) the value of all payments received including salary, (2) each source
of each payment, (3) the date and amount of each disbursement with the 'name and
address of the recipient. The name and position of each person who received food
and beverage must be included. Finally, (4) the name of each official, or busi-
ness entity in which an official has an interest, with which the lobbyist has
engaged in an exchange of goods or services must also be disclosed.
Any employer of a lobbyist or any person who makes payments to influence legis-
lation must also file disclosure reports similar to those required of a lobbyist.
Prohibitions
The Act prohibits a lobbyist from either making any contributions for political
purposes or from acting as an agent for the making of a contribution. It also pro-
hibits a lobbyist from making gifts aggregating more than $10 per month to one
person or acting as an agent for the making of such gifts. Finally, it makes it
unlawful for any person to knowingly receive any such contribution or gift.
The provisions of the lobbyist registration and reporting part of the Act and
the Prohibitions of contributions and gifts do not apply to any elected city
officials acting within the scope of their employment.
Limitation on E32enditures
The Political Reform Act (commencing with Section 85100) establishes maximum
amounts which may be spent by candidates for statewide offices and for proponents
or opponents of statewide measures. These provisions of the Act are not of direct
municipal interest.
7 ll/'74
Incumbency
The Political Reform Act (Section 89000) requires the order of names of candidates
on the ballot in every election to be determined without regard to whether the
candidate is an incumbent. This includes municipal as well as state elections.
The Act includes charter cities and it is not certain whether this incumbency
section will apply to charter cities when considered with the provisions of
Section 5 of Article XI of the Constitution granting charter cities control of
municipal elections and the method and manner of electing municipal officers.
Enforcement
Any person who knowingly or wilfully violates any provision of the Political Re-
form Act is guilty of a misdemeanor.
Any person residing in the jurisdiction may sue to enjoin violations of the Act
or to compel compliance with it. If a court determines that a violation has
occurred and that the official action might otherwise not have been taken, the
court may set the official action aside as void.
In addition, a fine of up to the greater of $10,000 or three times the amount the
person failed to report properly or unlawfully contributed, expended, gave or re-
ceived may be imposed.
Any person who makes a cash or anonymous contribution of more than $50 or any
lobbyist who makes a gift or contribution or any person who knowingly received such
gift or contribution or any person who expends more than the fixed limits for state-
wide candidates may be fined up to $500 or three times the amount of the unlawful
contribution, gift or expenditure, whichever is greater.
Any person who negligently violates any of the reporting requirements of the Act
is liable for an amount not greater than the amount not reported.
City attorneys and district attorneys have concurrent enforcement powers and re-
sponsibilities with the Attorney General in enforcing the criminal provisions of
the Act with respect to state agencies, lobbyists and state elections. The
Attorney General also will be primarily responsible for the enforcement of the
civil penalties and remedies of the Act and may bring any civil action under the
Act which could be brought by a voter or resident of the jurisdiction.
A court may award to a plaintiff or defendant who prevails his costs of litigation,
including reasonable attorney's fees.
Any public officer or employee who violates the disclosure provisions of Chapter 7
or violates the provisions of the Conflict of Interest Codes is subject to dis-
ciplinary action by the city or the appropriate agency thereof.
Miscellaneous
The Act contains provisions on three other subjects which we have not analyzed in
detail but have listed in the opening paragraph.
8 ll/'74
(Meeting 75t-1, 314-5 '21oviers Lziln
Agenda iteh No. 3)
"I.It'll, 1975
o-_: the Esoard of D-J.rectl-ors Of 1-171c,
3`_-1:__`1d-Peninsula Regional Park District,
745- Distel Drive,
Los Altos, California, 94022. TO BE READ AT THE APPRGPR_r;,.122,,:'
,i.GENDA ITEM AT THE DEC. 114h
Gentlepeople: BOARD MEETING
letter is intended to comment on the proriosal that your
Counsel be directed to,,report upon Proposition 9 provisions, With.
a goal that the Board -te s
��easible action to get Star- law aniended o
that andidates for special districts, such as yours, also be covered
by those conflict-of-interest provisions.
Before doing so, however, I want to congratulate you upon the volun-
tary action you have already taken to put yourselves and Staff, as
incumbents, under such guidelines. You have acted in the highest,
most ethical manner to protect all of us public,
1,10re, please accept my congratulations and thanks for the fine
work you have done in acquiring land for what I hope will be a chain
of parks. I have long had a dream of seeing the equivalent of the
East Bay Regional Park chain established here -- a dream that, before
your existence, for years looked impossible. Fl �:artfe.-4..t thanks from
each in our family for those long hours of service to bot.n. you and
your Sta:Ff! >
To get to the point of this letter, hi�wever: I urge you to take
the proposed action to include candidates for special cistricts like
yours within the conflict-of-interest regulations,
May I point cut what can happen to a special district 5uc,-- as`_e yours,
with a living examp _'J r
There Is _f .n this Valley a zpec-jl__-- 1 district w'.Iic!-� a
moment is proceeding with certain correct, %re
: _L J 4
_-.-i o r o r-m.e n t s-
which will convert vacant land from land thaL cannot be USL-_-: for
residences, to land that can accomodate some
is well known that one of the Board members of v..is dis-t-rict- owns
a huge amount of this land. it is ruo.orx�d try.-". '-,a wis-1-es ---o _-c I I
off all but a score or two of acres. "Pv al, I rease a"I e szandards
he is in dire conflict of interest when he voz_�::L z_ 1;..,Drovement
project; yet he has never h4esitazed to so vo-"-c,
This sort of behav_` cr, however legal nor Co.mfort-able
the incumbent- may be in his votes, is indeed is ana , in
4- - A�_ic i
addition, self-se ving to the point that the pul-
Y
NOT served.
From your past behavior, I have high hopes that you do not
wish to place the Park District is such amise-rable posi t 'on
So, please approve such an investigation; and, upon g the
report of Counsel, do your utmost to get that State la - a-' ,...:.red to
include special districts. *
Sincerely yours,
Robert J. Lc:_z
41
M-74-174• (Meeting 75-1;
Agenda item No. 4)
MIDPENINSULA REGIONAL PARK DISTRICT
MEMORANDUM
November 25, 1974
TO: Board of Directors
FROM: H. Grench, General Manager
SUBJECT: Educational Assistance
Discussion: According to the Basic Policy of the District,
"the District will employ a highly capable and professional
staff and provide them with the facilities and resources
needed to run an efficient and responsible organization. "
In keeping with this statement the attached administrative
policies have been developed for educational assistance.
These policies, which follow closely the policies of some
other local governmental agencies, would apply toward courses
which will be of benefit to the District.
The Board would control this program through the budget
process. For the present funds could be drawn from the
"miscellaneous" budget category; in the future a separate
category would be established.
Recommendation: It is recommended that the Board approve
an allocation of $500 from the "miscellaneous" budget cate-
gory for educational assistance,
HG:acc
Nb I oe
I,am 0
N= 4ow
MIDPENINSULA REGIONAL PARK DISTRICT
Policies for
Educational Assistance
With respect to the proper administration of the affairs
of the Midpeninsula Regional Park District, the District' s Basic
Policy states as follows:
"The District will employ a highly capable and
professional staff and provide them with the
facilities and resources needed to run an effi-
cient and responsible organization. "
The District believes that the encouragement of further training
and education for its employees is important for maintaining and
improving the knowledge and skills of its staff. The implementa-
tion of an educational assistance program for District employees
is considered to be an important investment in providing the Dis-
trict with the "highly capable and professional staff" it requires.
Therefore, the District has adopted the following educational
assistance policies for its employees :
1. The District may reimburse a full-time emplovee of the District
for the cost of tuition and books for any course taken at an
accredited institution which is of direct benefit to the Dis-
trict and which either will improve or expand the employee 's
present job skills, or will enable the employee to perform
future work assignments . Such courses are those taken at the
initiative of the employee as distinguished from training re-
auired by the District.
2. The General Manager may allow partial reimbursement for ex-
penses of part-time employees .
3. Such reimbursement will be made upon satisfactory completion
of the courses taken (C grade or better) , and provided the
employee remains in the employment of the District for a period
of at least six months after the date of completion of the
course.
4 . Formal application to the General Manager of the District for
reimbursement must be made on the appropriate form, and the
General Manager shall be the final determinant of what courses
may appropriately be reimbursed by the District. The General
Manager will be guided by the budget allocation for tuition
reimbursement, equity in allocating among employees, degree of
benefit to the District and other factors . Application for
reimbursement shall be made as soon as possible following the
employee' s registration for the courses .
5. The limit to the amount of tuition and book reimbursement
which may be made per fiscal year per employee is $250. 00.
6. Under extraordinary circumstances, courses may be taken
during work hours, provided that no hardship to the District
results.
7 . Proof of payment of tuition and books, including a list of
the titles of books paid for, must be submitted before any
reimbursement can be made.
8 . Upon reimbursement for tuition and books for an authorized
course or courses, the employee must authorize in writing a
payroll deduction for the amount of the reimbursement if he
or she leaves the employment of the District within six months
after completion of the course (s) .
9. Prepayment of tuition and/or books shall not be made unless,
in the opinion of the General Manager, withholding of such
reimbursement would be a considerable hardship for the em-
ployee involved.
10. Expenses for education or training reouired by the District
will be reimbursed fully and in advance by the District.
11/25/74
C-75-1
January 8 , 1975
Meeting 75-1
MIDPENINSULA REGIONAL PARK DISTRICT
C L A I M S
Amount Name Description
$ 10.00 Option Fee Fund Reimbursement
838 300.00 U.S. Postmaster Postage meter
839 10. 50 Simon & Schuster Book
840 1730. 38 Western Title Guaranty Title Fee
841 64. 70 Dahnken Film, slide equip.
842 186.56 San Jose Steel Co. Gate and hinges
843 64. 50 U.S. Dept. Interior Maps
844 139. 31 Pacific Telephone Telephone charges
845 395. 00 Real Estate Data, Inc. Assessor' s parcel
maps and aerials
846 90.40 E. Jaynes Mileage
C-75
Jani Sa 8 , 1975
Meeligg 75-1
t
REVISED
MIDPENINSULA REGIONAL PARK DISTRICT
C L A I M S
# Amount Name
Description
$ 10.00 Option Fee Fund Reimbursement
842 300. 00 U.S. Postmaster Postage meter
843 10. 50 Simon & Schuster Book
844 1,730.38 Western Title Guaranty Title fee
845 64.70 Dahnken Slide equipment
846 186. 56 San Jose Steel Company Gate & hinges
847 64 . 50 U.S. Dept. of Interior Maps
849 395.00 Real Estate Data, Inc. Assessor' s parcel
maps and aerials
f
850 90 . 40 E. Jaynes Meal conferences $10.15
Mileage 80 .25
851 332. 38 Western Title Guaranty Title fee
852 15 .77 Norney' s Office supplies
853 67 . 63 A. F. Cordray Co. Office supplies
854 122 .92 Pacific Hardware & Chain & locks
Steel Co.
855 317.50 S & W Equipment Company Field tools & supplies
856 31. 80 Pitney Bowes Postage meter
857 240. 00 Rogers, Vizzard & Legal services
Tallett
858 28 ,577 .50 Paul N. McCloskey, Jr. Balance of land
purchase price
859 160 .74 Pacific Telephone Telephone charges
860 7 .80 C. Harrington Mileage
861 78 . 39 Petty Cash Meal conferences $45 . 31
Postage 15 .51
Office supplies 5 . 55
Miscellaneous 12 .02
862 1. 50 Eastman Kodak Company Publication
863 2. 40 Assembly Publications Publication
864 . 50 California Journal Publication
Roster
MIDPENINSULA REGIONAL PARK DISTRICT
C L A I M S
# Amount Name Description
865 $ 3 .25 Superintendent of Publication
Documents
866 1.95 Simon & Schuster Publication
867 5.25 Nat' l Technical Publication
Information Service
868 9.75 Superintendent of Publication
Documents
i