HomeMy WebLinkAbout1989-06-07; Municipal Water District; Resolution 623I RESOLUTION NO. 623
A RESOLUTION OF THE CARLSBAD MUNICIPAL WATER
DISTRICT TO AMEND ITS CONFLICT OF 'INTEREST CODE
THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1: Article 9 of the Costa Real Municipal Water
District Administrative Code is hereby added to read as follows:
ARTICLE 9. CONFLICT OF INTEREST CODE OF CARLSBAD MUNICIPAL
WATER DISTRICT
Sec. 9.1 Purpose.
It is the purpose of this Conflict of Interest Code to
provide for the disclosure of assets and income of designated
employees which may be materially affected by their official
actions and in appropriate circumstances, to provide that
designated employees should be disqualified from acting in order
that conflicts of interest may be avoided. This Code is intende to implement the Political Reform Act of 1974 (Government Code Section 81000 et seq.) And nothing contained herein is intended
to modify or abridge the provisions of that or of any other
applicable law (such as Government Code Sections 1090 - 1097 and I 1100 - 02).
Sec. 9.2 Definitions.
Except as otherwise indicated, definitions contained in the Political Reform Act of 1974 (Government Code Section 81000 et seq.) and applicable regulations adopted pursuant thereto are incorporated into this Code.
Sec. 9.3 Cross References.
Parenthetical references are to related provisions of the
Political Reform Act of 1974, which are found in the Government
Code, or to regulations issued by the Fair Political Practices
Commission, which are found in Title 2 of the California
Administrative Code.
Sec. 9.4 DISCLOSURE STATEMENTS
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9.4.1 General ReQUirementS Of Disclosure Statements.
Each designated employee shall file statements, at the time
and in the manner presented in this Code, disclosing certain
interests in real property within the jurisdiction, investments
in business entities, business positions, income, or sources of
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income which might forseeably be affected materially by opera- tions of the District. The Board of Directors has determined
that it is foreseeable that the types of investments, business
positions, interests in real property, income and sources of
income listed in Column I1 of Section 9 Af opposite the job tit:
of the designated employee, may be affected materially by decisions made or participated in by the designated employee by
virtue of his or her position and are reportable if held by the
designated employee. (587103; S87302(a), (b); Reg. 18703.)
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9.4.2 Interests Of Spouse And Dependent Children
Includable.
For the purposes of this Code, investments and interests in
real property of a designated employee include the investments
and interests in real property of the spouse and dependent
children of the designated employee, and income of a designated employee includes any community property interest in income of
the spouse of the designated employee. ($82029; $82030; 587103.
9.4.3 Interests Of Business Entities Includable.
For the purposes of this Code, investments, interests in
real property and income of a designated employee include a pro
rata share of such investments, interests in real property, and income of any business entity or trust in which the designated employee or his spouse owns, directly, indirectly or benefi-
cially, a 10% or greater interest. ($82030; S82033; S82034; 587103. ) I
9.4.4 Limitation On Contents of Initial Report.
Statements filed pursuant to Section 9.4.5.1, 9.4.5.3 and 9.4.5.5 shall not include a disclosure of income or sources of
income. (§87302(b).)
9.4.5 Time Of Filing Discosure Statements.
9.4.5.1 First Disclosure Statement After Effective Date Of Code.
All designated employees were required to file
disclosure statements within 30 days after the effective date of
this original Code. ($87302(b).) 'After the effective date of
this amended Code, all designated employees shall file disclosure statements at the times provided in 52.6.2 to 2.6.5, hereof.
9.4.5.2 Annual Disclosure Statement.
Annual disclosure statements for the previous calendar I year shall be filed by all designated employees on or before
April 30, of each year. (§87302(b).)
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1 9.4.5.3 Disclosure Statement Of New Designated
Employee.
All new designated employees shall file disclosure
statements not more than 30 days after assuming office, or, if
subject to confirmation by the Board of Directors, not more than
30 days after being confirmed. (§87302(b).)
9.4.5.4 Disclosure Statement Of Former Employee-
Leaving Office Statements.
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(a) A designated employee who leaves his or her
position and does not assume another designated position within the District shall file within 30
days after leaving the position a statement disclosing his or her reportable investments, business positions, interests in real property, and income during the periods since the closing date of the previous statment filed pursuant to this Code, except that investments and interests in real property which have been disclosed on a disclosure statement filed pursuant to this Code
within the previous 60 days may be incorporated b:
reference. A designated employee who leaves his
or her position and immediately assumes another
position designated in Section 9.8 shall file an amended statement only if additional reporting is
required pursuant to Section 9.8. (587204;
S87208; §87302(b).)
(b) However, an individual who resigns a position
within 30 days following initial appo-intment is
not deemed to assume or leave office, provided
that during the period between appointment and
resignation, the individual does not make,
participate in making, or use the position to
influence any decision of the agency or receive,
or become entitled to receive, any form of payment
by virtue of being appointed to the position.
(§87302(d).)
9.4.5.5 Disclosure Statement Of Candidates For Board.
Candidates for election to District offices shall file
a disclosure statement of reportable investments and interests in
real property no later than the final filing date of a
declaration of candidacy. This section shall not apply to candidates who have filed a statement with the District within 60 days prior to the filing of his or her declaration of candidacy. (S87201. ) I
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9.4.6 Forms Of Disclosure Statements. I Disclosure statements shall be verified and signed under penalty of perjury by the person filing the statement on forms
supplied by the District. (S81004).
9.4.7 Place Of Filing Disclosure Statements.
The original of each disclosure statement shall be filed
with the Secretary of the District. In the case of statements
filed by members of the Board of Directors, by candidates and by
the manager, the Secretary shall make and retain a copy and
forward the original to the Clerk of the San Diego County Board
of Supervisors. (§875OO(j), Reg. 18115(b).)
Sec. 9.5 MANNER OF REPORTING
9.5.1 Contents Of Investment And Real Property ReDorts. L
When an investment or interest in real property is required to be disclosed under this Code, the disclosure statement sha11
contain (§87206):
9.5.1.1 Description Of Investment Or Interest.
I A statement of the nature of the investment or
interest;
9.5.1.2 Identification Of Business Entity.
The name of the business entity in which each
investment is held and a general description of the business
activity in which the business entity is engaged;
9.5.1.3 Location Of Real Property.
The address or other precise location of the real property;
9.5.1.4 Value Of Investment Or Interest.
A statement whether the fair market value of the investment or interest in real prop'erty exceeds $1,000 but does not exceed $10,000, whether it exceeds $10,000 but does not
exceed $100,000, or whether it exceeds $100,000;
9.5.1.5 Transactions Durinq Period.
I In the case of annual statement filed under Sections
9.4.5.2 and 9.4.5.4, if the investment or interest in real
property was partially or wholly acquired or disposed of during
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I the period covered by the statement, the date of acquisition or
disposal;
9.5.1.6 Exclusion Of Principle Residence.
For purposes of Sections 9.4 and 9.5 of this Code, “interest in real property” does not include the principal
residence of the filer. (587206.)
9.5.2 Contents Of Income Reports.
When income is required to be reported under this Code, the disclosure statement shall contain (§87207(a)):
9.5.2.1 Description Of Source Of Income.
The name and address of each source of income aggregating $250 or more in value per year, to include honoraria
or $50 or more in value if the income was a gift, and a general
description of the business activity, if any, of each source.
(§87207(a)(1).)
9.5.2.2 Amount Of Income.
A statement whether the aggregate value of the income
I from each source, or in the case of a loan, the highest amount owed to each source was at least $250 but did not exceed $1,000,
whether it was in excess of $1,000 but was not greater than
$10,000 or whether it was greater than $10,000. (§87207(a)(2)).
9.5.2.3 Consideration For Income.
A description of the consideration, if any, for which the income was received. (§87207(a)(3).)
9.5.2.4 Gifts And Honoraria.
In the case of a gift, the amount and the date on whicl the gift was received. Additionally, no elected office holder shall accept any gift or honorarium for any speech, article, or published work on a subject relating to the governmental process from any single source which is in excess of $1,000 in any
calendar year, except reimbursement for actual travel expenses
and reasonable subsistence in connection therewith.
(§87207(a)(4); §85400-Proposition 73.)
9.5.2.5 Loans. ~~~ ~
In the case of a loan, the annual interest rate and the I security, if any, given for the loan. (§87207(a)(5).)
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9.5.3 Contents Of Business Entity Income Reports. 1 When income of a business entity, including income of a sole proprietorship, is required to be reported under this Code, the statement shall contain (§87207(b)):
9.5.3.1 Description Of Business.
The name and address and general description of the
business activity of the business entity. (§87207(b)(1).)
9.5.3.2 Identification Of Customers.
The name of every person from whom the business entity received payments if the filer's pro rata share of gross
receipts from such person was equal to or greater than $10,000
during a calendar year. (§87207(b)(2).)
9.5.3.3 Exceptions To Business Entity Income
Disclosure Requirements.
(a) Income of a business entity shall not be reported
unless the filer or his spouse owns, directly,
indirectly, or beneficially, a ten percent (10%)
interest or greater. (S82030.)
I (b) The disclosure of persons who are clients or
customers of a business entity is only required ii
the person has an interest of the type set forth
in Section 9.8 opposite the position of the
designated employee.
(c) A designated employee need not disclose the name of a person who paid fees or made payments to a business entity if disclosure of the person's name would violate a legally recognized privilege undel California law. A designated employee who does not disclose a person's name because he believes it is protected by a legally recognized privilege shall follow the procedure set forth in Section
18740 of Title 2 of the California Administrative Code.
Sec. 9.6 DISQUALIFICATION
9.6.1 General Rule Of Disqualification.
A designated employee is disqualified from making,
participating in the making, or using his or her official
position to influence the making of any governmental decision I when the designated employee has a financial interest in the ~~
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decision, and it is reasonably foreseeable that such interest mi I be affected materially by the-decision in a manner distinguish-
able from the effect upon the public generally. ($87103,
§87302(c).)
- 9.6 2 Tax Rate Exception.
An investment, interest in real property, income, or sourcc of income of a designated employee shall not be a basis for disqualification under Section 9.6.1 where such interest will
foreseeably be affected only by the decision to fix, ad valorem
property tax rates, water or sewer rates, standby charges or
assessments if the effect is not distinguishable from the effecl
on the public generally or a significant segment thereof.
9.6.3 Procedure Of Disqualification.
If a designated employee is disqualified, the designated
employee shall immediately refrain from making or participating in the decision and the following steps shall be taken:
9.6.3.1 Director:
Announce at a meeting of the Board of Directors that h is disqualified, refrain from participating in deliberations of
the Board, and abstain from voting on the matter;
9.6.3.2 Employee: I Within a reasonable time, report in writing to his
superior the nature of the matter and the existence of the
financial interest so that the work may be assigned to another;
9.6.3.3 Consultant:
Within a reasonable time, report in writing to the manager the nature of the matter and the existence of the
financial interest. (Reg. 18700(b).)
9.6.4 Riqht To Act As Citizen.
After disqualification as provided herein, a designated
employee may make an appearance, submit information, or express
views on the same basis as any other citizen on matters related
solely to his or her personal interest, provided that it is done
in public and provided that the person clearly indicates that he or she is acting in a private capacity.
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9.6.5 Rule Of Necessity.
Section 9.6 of this Code does not prevent a designated
employee from making or participating in the making of a
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I governmental decision to the extent that his or her participa-
The fact that a designated employee’s vote is needed to break a
tie does not make his or her participation legally required for
the purpose of this section. (S87101; S87302(c), Reg. 18701.)
tion is legally required for the action or decision to be made.
Sec. 9.7 OPINIONS OF THE COMMISSION AND COUNSEL
9.7.1 Opinion Requests.
Any designated employee who is unsure of any right or
obligation arising under this Code may request a formal opinion
or Letter of Advice from the Fair Political Practices Commission
(FPPC) or an opinion from the attorney of the District.
(§83114(a).)
Sec. 9.8 EMPLOYEES WHICH MUST DISCLOSE INTERESTS
Type of Business Entity, 9.8.1 Public Official’s Investment, Source of Income, Title/Function or Real Property Disclosable
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Directors/Commissioners
Candidates for Directors
Executive General Manager and Deputy General Manager District Engineer Legal Counsel Independent Auditor Administrative Manager Engineering Manager Superintendent
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Real property
Real estate development
Construction and building materials Engineering surveying,
architectural, and
appraising
and compaction
motors, meters or other water or sewer system materials, parts or
equipment
Chlorine or other water
system or sewer
treatment chemicals and
supplies
supplies
software, and computer
services
equipment supplies and service
construction equipment,
parts and service
Soils testing, analysis,
Pipes, valves, pumps,
Office equipment and
Computer hardware,
Water quality testing,
Motor vehicles,
Equipment rental
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I Type of Business Entity,
9.8.1 Public Official’s Investment, Source of Income,
Title/Function or Real Property Disclosable
13. Petroleum products
14. Safety equipment and
15. Newspapers, printing and
16. Banks and savings and
17. Securities and investment
18. Title insurance and
19. Financial audit services
20. Public utilities, private
supplies
reproduction services
loans
companies
escrow
water companies and mutual water companies
brokers and agencies
agencies
management, marketing,
pesticide, and
irrigation services
24. All business positions
21. Insurance, including
22. Employment and manpower
23. Farming, including
I 9.8.1.1 Engineering/ 1. Real property
Architectural 2. Pipes, valves, fittings,
Consultants pumps, Consultants tanks, meters, etc.
materials
other agreements on grading requirements
3. Construction and building
4. Soil tests, compaction anc
5. Farming
6. Electrical generating
7. All business positions
equipment and supplies
..
9.8.1.2 Financial Consul- 1. Real property
tants/Bond Counsel 2. Real estate development
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firms
3. Banks and savings and
loans
4. Retirement of bond
proceedings
.5. All business positions
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I 9.8.1.3 EIR Consultants 1.
2.
3.
4.
5.
6. 7.
Real property
Real estate development
f inns
Construction and building
materials
Pipes, valves, fittings, pumps, tanks, meters,
etc.
research EPA agreements and
Farming All business positions
9.8.1.4 Public Relations 1. Publications
Counsel 2. Printing and distribution 3. All business positions
Sec. 9.9 DEFINITIONS.
9.9.1 “Business Entity“ : Any organization or enter-
prise operated for profit, including, but not limited to a
proprietorship, partnership, firm, business trust, joint venture, syndicate, corporation or association. ($82005.)
,I 9.9.2 “Business Position Disclosure”: The name and address of each business entity in which a designated employee i:
a director, officer, partner, trustee, employee, or in which he
or she holds any position of management; a description of the business activity in which the business entity is engaged; and
the designated employee’s position with the business entity.
(Reg. 18730(b)(7)(D).)
9.9.3 NConsultantN : Any natural person who provides,
under contract, information, advise, recommendation or counsel tc
the District. But “Consultant’/ shall not include a person who:
(a) Conducts research and arrives at conclusions wit1
respect to his rendition of information, advice,
recommendation or counsel independent of the
control and direction of the District or of any
official, other than normal contract monitoring;
and
(b) Possesses no authority with respect to any District decision beyond the rendition of information, advice, recommendation or counsel.
(Reg. 18730(b).)
I 9.9.4 “Designated Employee“ : Any official of the
District or candidate for elective District office whose positioI
is designated in Section 9.8 of this Code. Section 9.8 sets
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I forth those positions which entail the making or participation
the making of governmental decisions which may foreseeably have
material financial effect on any financial interest, but does nc include any unsalaried member of any board or commission which
serves a solely advisory function. (S82019.)
SECTION 2: Effective Date. This resolution shall take
effect and be in force upon the approval by the Code reviewing body.
SECTION 3: The General Manager is directed to forward
this resolution forthwith to the Board of Supervisors of the
County of Sari Diego as the Code reviewing body,
PASSED, APPROVED AND ADOPTED by the Board of Directors of the Carlsbad Municipal Water District On the 7th day of June , 1989.
AYES: Directors: Greer, Maerkle, Bonas, Henley and Woodward
NOES : Directors: None
ABSENT: Directors: None
I Date
June 7th, 1989
ATTEST :
(ET31:KASWEE.Rl)
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STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
1 1 ss 1
I, MARGARET J. BONAS, Secretary of CARLSBAD MUN:
WATER DISTRICT and of the Board of Directors thereof, do I
certify that the foregoing Resolution was duly adopted b
Board of Directors of said District at a meeting of the
held on the 7th day of June, 1989, and that it was so at
by the following vote:
AYES : Directors: Bonas, Greer, Henley, Maerkle and Woodward
NOES : Directors: None
ABSENT : Directors: None
ABSTAIN: Directors: None
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/’ yJ# &
0 &.kA& 1- .&/
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J. BoHsy Secretary c
MUNICIPAL WATER DISTF
and the Board of Directors the
STATE OF CALIFORNIA 1 I 1 s= COUNTY OF SAN DIEGO 1
I, MARGARET J. BONAS, Secretary of CARLSBAD MUNI(
WATER DISTRICT and of the Board of Directors thereof, do hc
certify that the foregoing Resolution was duly adopted by
Board of Directors of said District at a meeting of the ]
held on the 7th day of June, 1989, and that it was so ad(
by the following vote:
AYES : Directors: Bonas, Greer, Henley, and
Woodward
NOES : Directors: None
I ABSENT : Directors: None
ABSTAIN: Directors: Maerkle - H2~WwLL2t MY&, Margar& J. Bop%', Secretary oj CARLS~~ MUNICIPAL WATER DISTR: and the Board of Directors the]
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