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Home My WebLink AboutMINUTES - 12192000 - C113 TO: Board of Supervisors CONTRA FROM: Victor J. Westlnan, County Counsel COSTA By: Mary Ann McNett Mason, Deputy County Counsel COUNTY '4 U21 DATE: December 6, 2000 SUBJECT: Conflict of Interest Code of the Kensington Fire Protection District SPECIFIC REQUEST(S)OR RECOMMEN€DATION(S)&BACKGROUND AND JUSTIFICATION - u RECOMMENDATIONS) Approve arnendment to Exhibits "A" and"B"to the Kensington Fire Protection District's Conflict of Interest Code to substitute the attached as Exhibits A and B to said code, as shown on the attached resolution of the Kensington.Fire Protection.District. BACKCIRO ND/REASON( FOR RECOMMENDATION(S), The Kensington.Fire Protection.District has amended Exhibits A and B to its conflict of interest code and submitted the amendment to the Board for approval pursuant to Government Code sect-ion 57306 and 87306.5. CONTIIvtJED ON ATTACHMENT: YES SIGNATURE: -L RECOMMENDATION GP COUNTY ADMINISTRATOR—RECOMMENDATION OF BOARD CC)i'IMITTEE APPROVE OTHER SIGNATURE(S). ACTION OF BOARD ON - ,�-2000 APPROVED AS RECOMMENDED x OTHER �. VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A r NANIMC3US (ABSENTS TRITE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERER ABSENT: ABSTAIN: ON THE MINUTES DE THE BOARD *District V Seat Is Vacant OF SUPERVISORS ON THE DATE SHOWN. ATTESTED: December 19_, 2000 PHIL BATCHELOR, CLERK CSE THE BOARD DE SI I'ERVISORS Contact: County Counsel AMI) I,NT e ADMI Y I RAYON cc. Clerk, Board of Supervisors ° Kensington Fire Protection. District BY �� ' , , DEPUTY i:U0ANN\MAM1bdordcoikenwpd.wpd RESOLUTION 00-16 RESOLUTION OF THE BOARD OF DIRECTORS OF THE KENSINGTON FIRE PROTECTION DISTRICT AMENDING THE DISTRICT'S CONFLICT OF INTEREST CODE AS ADOPTED ON SEPTEMBER 9, 1998 BY REVISING THE LIST OF DESIGNIA TED POSITIONS TO WHICH THE CODE APPLIES WHEREAS, the Political Reform Act of 1974, enacted as part of Proposition 9, requires every local agency to adopt and promulgate a Conflict of Interest Code applicable to designated employees within the jurisdiction of the local agency; and WHEREAS,the Board of Directors of the Kensington Fire Protection District adopted on September 9, 1998 an amended Conflict of Interest Code for the District, and this Code was approved by the Contra Costa County Board of Supervisors on April 20, 1999;and WHEREAS, Appendix "A" of the Conflict of Interest Code adopted by the Board of Directors of the Kensington Fire Protection District lists the designated positions subject to the Conflict of Interest Code; and Appendix "B" of the Conflict of Interest Code adopted by the Board of Directors identified the specific financial disclosures which would be applicable to the designated positions; and WHEREAS, the Kensington Fire Protection District is required to regularly amend its Conflict of Interest Code to correspond to changes in the District resulting from reorganization of operations, and to respond to changes in State law; and WHEREAS, Government Code Section 87306.5 requires local agencies, such as the Kensington Fire Protection District, to review its Conflict of Interest Code each even-numbered year to determine whether changed circumstances necessitate revisions to the Conflict of Interest Code; and WHEREAS, this review has been completed and it has been determined that such changes are necessary due to changes in District organization; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Kensington Fire Protection District hereby amends the District's Conflict of Interest Code to incorporate by reference the current terms and conditions of Title 2,Division 6, Section 18730 of the California Code of Regulations pertaining to provisions of the Conflict of Interest Code and promulgated by the Fair Political Practices Commission; BE IT FURTHER RESOLVED that the Board of Directors of the Kensington Fire Protection District hereby amends Appendix "A" of the District's Conflict of Interest Code to reflect changes in District organization since the adoption on September 9, 1998 of that Code: APPENDIX A DESIGNATED POSITION'S Designated Positions Disclosure C"e ory a. Elective and appointed Directors of 1,2,3,4 the governing Board b. District Administrator 11,2, 3,4 Page 2 of 3 Resolution 00-16 September 113,2000 AND, BE IT FURTHER RESOLVED that Appendix "B" of the Conflict of interest Code adopted by the Board of Directors on September 9, 1998 is hereby restated to identify the required disclosure categories of this Conflict of interest Code: APPENDIX E DISCLOSURE CATEGORIES Cate ory 1 Personal Income All sources of income as defined in Government Code Section 82030, as amended. Not included as income in this disclosure category is income received from any source outside the jurisdictional boundaries of the Kensington :Fire Protection District if that source is not presently doing business within the District and has not done business within the District during the two years prior to the time this disclosure statement is made, Cate aggrv,2- interests in Real Pro erty All interests in real property in excess of 1,000 held by the designated position holder, the holder's spouse or dependent children located in whom or in part within the jurisdictional boundary of the Kensington Fire Protection District or within a two mile radius of the boundaries of the District. Included within this disclosure category is any leasehold, beneficial or ownership interest or an option to acquire such an interest in real property of any business entity or trust in which the designated position holder, the holder's spouse or dependent children, owns directly, indirectly or beneficially, a 10 percent interest or greater. An "interest in real property" does not include the principal residence of the position bolder making the disclosure. Catego 3a investrner�ts All financial interests in excess of $1,000 held by the designated position holder, the holder's spouse or dependent children in security issued by a business entity, including but not limited to common stock, preferred stock,options, debt instruments and any partnership or other ownership interest if the business entity or any parent, subsidiary or otherwise related business entity has an interest in real property within the jurisdictional boundaries of the Kensington Fire Protection District, or does business or plans to do business in the District, or has done business within the District at any time during the two years prior to the time this disclosure statement is made. The term. "investments" does not include a time or demand deposit in a financial instiwtion, shares in a credit union, any insurance policy, interest in a diversified mutual fund registered with the Securities and Exchange Commission or a common trust fund created pursuant to Section 1564 of the Finance Code,or any bond or other debt instrument issued by any government or government agency. The term "investments" does include a pro rata share of investments of any business entity, mutual fund,or trust in which the designated position holder, the holder's spouse or dependent children own directly, indirectly or beneficially, a 10 percent interest or greater. Category 4: Manag ment Positions Management positions held with any business entity located, doing business,planning to do business, or having done business in the past two years within the jurisdictional boundaries of the Kensington Fire Protection District Page 3 of 3 Resolution 00-15 September 13,2000 The foregoing resolution was duly adopted at a regular meeting of the Kensington Eire Protection District on the l3='''day of September 2000 by the following vote of the Board. AYES: BOARD MEMBERS NOES: BOARD MEMBERS ABSENT: BOARD MEMBERS Don Dommer, President Natalie Salsig, Secretary 3 t ` ffige of the County Counsel Centra Costa County 651 Fina Street, 9th Floor Phone: (925)335-1806 Maftinaz, CA 94553 Fax: (925)646-1076 Date: December 5, 2000 fr,< To: Clerk, Board of Supervisors From: Victor J. West man, County CounselJ #l� By: Mary Ann McNett Mason, Deputy County Counsel �', Re: Conflict of Interest of Code of the Kensington Fire Protection District In response to your memorandum of November 28, 2000, attached hereto are amendments to the Conflict of Interest Code for the above-named entity. The amendments are approved as to form. Please place this utter on the Board of Supervisors' agenda as requested by the entity. A board order is attached. MA_-Wjh cc: Brenda J. Navallier, Administrator attachments E:3�AkN1MAN.\Kc:ss'rngncoi.wpd