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Home My WebLink About2012-25 Oversight Board Conflict of InterestRESOLUTION NO. 2012- 25 A RESOLUTION OF THE CITY COUNCIL OF CITY OF UKIAH ADOPTING A CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT FOR THE OVERSIGHT BOARD TO THE DISSOLVED REDEVELOPMENT AGENCY OF THE CITY OF UKIAH WHEREAS: The Oversight Board for the City of Ukiah's Successor Agency (the "Oversight Board"), established pursuant to Division 24, Part 1.85, Chapter 4 of the Health and Safety Code 34179-34181) is, pursuant to Section 34179(e) thereof, a local public entity for purposes of the Political Reform Act ("the Act," Cal. Gov't Code §81000 et seq.); and WHEREAS: Members of the Oversight Board will manage public investments as defined by Title 2, Division 6 of the California Code of Regulations, Section 18701(b); and WHEREAS: The Act requires state and local government agencies to adopt and promulgate conflict of interest codes for such positions; and WHEREAS: The Fair Political Practices Commission has adopted a regulation entitled, Title 2, Division 6 of the California Code of Regulations, Section 18730, which contains the terms of a standard Conflict of Interest Code. The terms of Section 18730 can be incorporated by reference, and may be amended by the Fair Political Practices Commission after public notice and hearings to conform to amendments in the Political Reform Act. WHEREAS: The Oversight Board for the Successor Agency approved and adopted a Conflict of Interest Code, a copy of which is attached hereto, on April 3, 2012. WHEREAS: The conflict of interest code will become effective when approved by the City Council, the Code reviewing body, as defined in Government Code Section 82011(b), for the Oversight Board, because the Board is a city agency. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ukiah does hereby approve and adopt the proposed Conflict of Interest Code for the Oversight Board, a copy of which is attached hereto. PASSED AND ADOPTED at a Regular meeting of the City Council of the City of Ukiah, on this 2"d day of May, 2012, by the following roll call vote: AYES: Councilmembers Thomas, Rodin, Baldwin, Vice Mayor Crane, and Mayor Landis NOES: None ABSENT: None ABSTAINED: None ATTEST: O oAhne Currie, City Clerk .t Ui& Vary Anne ndis, Mayor RESOLUTION' NO. 2012-03 A RESOLUTION OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE DISSOLVED REDEVELOPMENT AGENCY OF THE CITY OF UKIAH, ADOPTING A CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT WHEREAS: The Oversight Board for the City of Ukiah's Successor Agency (the "Oversight Board"), established pursuant to Division 24, Part 1.85, Chapter 4 of the Health and Safety Code 3417934181) is, pursuant to Section 34179(e) thereof, a local public entity for purposes of the Political Reform Act (`the Act," Cal. Gov't Code §81000 et seq.); and WHEREAS: Members of the Oversight Board will manage public investments as defined by Title 2, Division 6 of the California Code of Regulations, Section 18701(b); and WHEREAS: The Act requires state and local government agencies to adopt and promulgate conflict of interest codes for such positions; and WHEREAS: The Fair Political Practices Commission has adopted a regulation entitled, Title 2, Division 6 of the California Code of Regulations, Section 18730, which contains the terms of a standard Conflict of Interest Code. The terms of Section 18730 can be incorporated by reference, and may be amended by the Fair Political Practices Commission after public notice and hearings to conform to amendments in the Political Reform Act. NOW, THEREFORE, BE IT RESOLVED by the Oversight Board for the Successor Agency of the City of Ukiah that the Oversight Board does hereby approve and adopt the proposed Conflict of Interest Code, a copy of which is attached hereto, which shall become effective when approved by the City Council of the City of Ukiah, the Code reviewing body, as defined in Government Code Section $2011(b), for the Board, because the Board is a city agency. PASSED AND ADOPTED at a meeting of the Oversylit Board of the Successor Agency to the Dissolved Redevelopment Agency of the City Of Ukiah this 3r day of April, 2012, by the following roll call vote: AXES: Members Roth, Todd, Perryman, Knopp, Vice Chair Mirata, and Chair Crane. NOES: None. ABSENT: Public Member. ABSTAINED: None. Douglas F. rare, Chairperson ATTEST: 1n e Currie, Oversight Board Secretary Attachment Conflict of Interest Code Oversight Board of the Successor Agency for the City of Ukiah Purpose The Political Reform Act (Government Code Section 81000, et seq.) requires state and local agencies to adopt and promulgate conflict of interest codes. Incorporation of Section 18730 of the California Code of Regulations The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regulations, Section 18730) that contains the terms of .a standard conflict of interest code and may be incorporated by reference in an agency's code. After public notice and hearing, the standard code 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 are hereby incorporated by reference. This regulation and the attached appendices designating positions and establishing disclosure requirements shall constitute the conflict of interest code of the Oversight Board of the Successor Agency for the Ukiah ("Oversight Board"). Designated Positions and Disclosure Categories The list of designated positions and disclosure categories. set forth in Exhibit A and Exhibit B respectively, and incorporated herein, constitute the Conflict of Interest Code of the Oversight Board. Filing Individuals holding designated positions shall file their statements with the City Clerk, who shall be the filing official for the Oversight Board and who retains copies and forwards the originals of the disclosure statements to the Fair Political Practices Commission. The City Clerk shall retain copies and make the statements available for public inspection and reproduction pursuant to Government Code Section 81008. When Oversight Board positions are created, deleted, or retitled, the filing official shall have the authority to designate the positions as being subject to the code and designate the reporting category, or remove the positions accordingly. On or before March 1 of each year the City Clerk shall make copies of the Conflict of Interest Code, together with copies of applicable forms and instructions, and shall transmit them to all persons known or expected to be required to file.Annual Statements of Economic Interests. The City Clerk shall make reasonable efforts to encourage such persons to file such Statements by the April 1 deadline and to prepare such Statements in proper form. The City Clerk shall make other types of forms and information available as needed for statements other than the Annual Statements of Economic Interests. 1 Conflict of Interest Code Oversight Board to the City of Ukiah Successor Agency ExhibitA Oversight Board List of Designated Positions and Applicable Disclosure Categories Position Disclosure Categories Members of the Oversight Board 1, 2, 3,4 Consultants who making (not just recommend) governmental decisions, such 1 as whether to approve a rate, rule, or regulation, whether to issue, deny, suspend, or revoke any permit, license, application, certificate or similar authorization, adopt or grant City approval to plan, design, report; study, or adopt or grant City approval of policies, standards, or guidelines for the City or any subdivision thereof.' Consultants who act in a staff capacity with the City and in that capacity Same level as the perform the same or substantially the same or substantially all the same comparable designated duties for the City that would otherwise be performed by an individual position identified holding a designated position in the City's Conflict of Interest Code elsewhere in the Code ' The City Clerk, in consultation with the Oversight Board attorney, or, in his or her absence, the City Attorney, shall determine when a consultant hired by the Board will hold a designated position and the applicable disclosure category. Such written determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code (Government Code Section 81008). i Exhibit B Oversight Board Conflict of Interest Code i Disclosure Categories Individuals holding designated positions must report their interests according to their assigned disclosure category(ies). I Category 1 Positions designated to be in Category 1 shall disclose all income, investments, interests, and business positions in any business entity which does now or is likely to do business within the County of Mendocino ("County"). Category 2 Positions designated to be in Category 2 shall disclose all interests in real property located I within the jurisdiction of the County or within two miles of the boundaries of the County or within two miles of any land owned or used by the County. Category 3 Positions designated to be in Category 3 shall report all income and investment interests, and i business positions in any business entity and sources of income, which are contractors or subcontractors engaged in the performance of work or services of the type utilized by the County. Category 4 Positions designated to be in Category 4 shall disclose all income and investment interests, and business positions in any business entity or source of income which does business with the County or has done business with the County during the two years prior to the time a statement is required to be filed hereunder, which manufacture or sell supplies, books, machinery or equipment of the type utilized by the department or City in which the designated employee is Director, Manager or an Employee. 1 i i i