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Home My WebLink AboutMINUTES - 12052006 - C.137 TO: Board of Supervisors CONTRA FROM: Silvano B. Marchesi, County Counsel o 's COSTA By: Mary Ann McNett Mason, Deputy County Counsel ��`- P COUNTY s'a cooi'ns'� DATE: October 20, 2006 i SUBJECT: Conflict of Interest Code of Liberty Union High School District t J SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): Approve amendment of the Conflict of Interest Code of the Liberty Union High School District to substitute the attached as said code. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The Liberty Union High School District has amended its conflict of interest code and submitted the revised code to the Board for approval pursuant to Government Code sections 87306 and 87306.5. CONTINUED ON ATTACHMENT: YES SIGNATURE: ✓RECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMMENDATION OF BOARD COMMITTEE L--'APPROVE OTHER SIGNATURE(S): 9� r ACTION OF BO ON APPROVED AS RECOMMENDED _ OTtRER VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ABSENT: ABSTAIN: ON THE MINUTES OF THE BOARD OF VRCNw_r. SUPERVISORS ON THE DATE SHOWN. ATTESTED: acE ' E;, 2CC6 JOHN CULLEN, CLERK OF THE BOARD OF SUPERVISORS Contact: County Counsel AND COUNTY ADMINISTRATOR cc: Clerk, Board of Supervisors .Pat Kanyuh, Liberty Union High School District K:VOANN\MAMU,ibertyUHSD bdordwimod SEP-28-`2006 THU 02:02 PM LUHSD FAX N0. 9256341687 P. 02 Libeirty Union High School Di triol Board Policy Classification- Bylaws of the Board Policy No. BP9270 Page 1 of 4 Effective: 9/21/96 Subject: Conflict of Interest Revised: 9/23/98 Incompatible Activities and Offices Governing Board members shall not engage in any employment or activity which is inconsistent with, incompatible with, in conflict with or inimical to the Board member's duties as an officer of the district. Goyernina Board members shall not sirrlgltaneously hold another public Office that i,5 Incompatible with Board membership Of gU.generally are incompatible when any of the following circymstance are present: ( glther of the offices may audit, overrule, remove members of, dish! emploYees of, or exercise 5upervisgrpowers aver the of er office Qr body; _(2) based on the gowersand iurisqi ion oft e offices there is a ibili of a significantJa� sh of, uties or 1, alties etween the offices or (3) public poll onsi ations make it improper for one Berson to hold botn offices. If a Goyerninq Qoard member holds aggther public office tbct is inCornimtible with Board mere ership then the Board rpt~mber will be degmed to have forfeit the first gffice upon king the second office. Conflict of Interest Code Designated employees of the district, including Board members,shall adhere to the district's conflict of interest code adopted pursuant to the provisions of Government Code 87300. The district's conflict of interest code shall comprise the terms of the California Code of Regulations, Title 2, Section 18730 and any amendments to it adopted by the Fair Political Practices Commission, together with a district attachment specifying designated positions and the specific types of disclosure statements required for each position. When a change in the district's conflict of interest code is necessitated by changed circumstances such as the creation of new positions, amendments or revisions shall be submitted to the code reviewing body within 90 days. Upon receiving the statements of employees designated in Category 1,the district shall make and retain copies and shall forward the originals to the code reviewing body. Statements for all other designated employees shall be retained by the district. The Board shall review the district's conflict of interest code in even-numbered years and send the code reviewing body either an amended code or, by October 1 of that year, a statement to the effect that no change is necessary. When reviewing and preparing conflict of interest codes, the district shall provide officers, employees, consultants and members of the community adequate notice and a fair opportunity to present their views. Statements of economic interests submitted to the district by designated employees in accordance with the conflict of interest code shall be available for public inspection and reproduction. Financial Interest Board members and designated employees shall not be financially interested in any contract made by the Board or in any contract they make in their capacity as Board members or designated employees. A Board member shall not be considered to be financially interested in a contract if any of the {SR04114%i3QQ} SEP-28-2006 THU 02:02 PM LUHSD FAX N0. 9256341687 P. 03 Lib�:erty Unio_ gh School Dis ri Board Policy Classification: Bylaws of the Board Policy No. SP9270 Page 2 of 4 Effective: 9/21/96 Subject: Conflict of Interest Revised: 9123/98 exceptions set forth in Government Code 1091.5 apply. A Board member shall not be deemed to be financially interested in a contract if he/she has only a remote interest in the contract and if the remote interest is disclosed during a Board meeting and noted in the official Board minutes. The affected Board member shall not vote or debate on the matter or attempt to influence any other Board member to enter into the contract. Remote interests are specified in Government Code 1091(5); they include the interest of a parent in the earnings of his/her minor child. 4SR041149.D OC) I SEP-28.2006 'THU 02:02 PM LUHSD FAX N0. 9256341687 P. 04 Liberty Union Hinh School District Board Policy Classification: Bylaws of the Board Policy No. BP9270 Page 3 of 4 Effective: 9/21/96 Subject Conflict of Interest Revised: 9/23/98 If a Board member or designated employee determines that he/she has a financial interest in a decision, this determination shall be disclosed and made part of the Board's official minutes. In the case of a designated employee,this announcement shall be made in writing and submitted to the Board. A Board member shall abstain from voting on personnel matters that uniquely affect a relative of the Board member. A Board member may vote, however, on collective bargaining agreements and personnel matters that affect a class of employees to which the relative belongs. Gifts Board members and any employees who manage public investments shall not accept from any single source in any calendar year any gifts in excess of the prevailing gift limitation specified in law. Designated employees shall not accept from any single source in any calendar year any gifts in excess of the prevailing gift limitation specified in law if the employee would be required to report the receipt of income or gifts from that source on his/her statement of economic interests. The above limitations on gifts do not apply to wedding gifts and gifts exchanged between individuals on birthdays, holidays and other similar occasions, provided that the gifts exchanged are not substantially disproportionate in value. Gifts of travel and related lodging and subsistence shall be subject to the above limitations except as described in Government Code 89506. A gift of travel does not include travel provided by the district for Board members and designated employees. Honoraria Board members and any employees who manage public investments shall not accept any honorarium, which is defined as any payment made in consideration for any speech given, article published, or attendance at any public or private gathering. Designated employees shall not accept any honorarium as defined above if the employee would be required to report the receipt of income or gifts from that source on his/her statement of economic interests. The term "honorarium"does not include= 1. Earned income for personal services customarily provided in connection with a bona fide business,trade or profession unless the sole or predominant activity of the business, trade or profession is making speeches 2. Any honorarium which is not used and, within 30 days after receipt, is either returned to the donor or delivered to the district for donation into the general fund without being claimed as a deduction from income for tax purposes Legal Reference: EDUCATION CODE fSR041149.DOC} SEP-282006 THU 02:02 PM LUHSD FAX N0, 9256341687 P, 05 Liberty Union High School District Board Policy Classification: Bylaws of the Board Policy No. BP9270 Page 4 of 4 Effective_ 9121196 Subject: Conflict of Interest Revised: 9123/98 3 1006 Qualifications for holding office 35107 School district employees 35230-35240 Corrupt practices 35233 Prohibitions applicable to members of governing boards GOVERNMENT CODE 1090-10998 Prohibitions applicable to specified officers: incompatible offices 1125-1129 Incompatible activities 81000-91015 Political Reform Act of 1974, especially_ 82011 Code reviewing body 82019 Definition of"Designated Employee" 82028 Definition of"Gifts" 82030 Definition of"Income" 82033 Definition of"Interest in real property" 82034 Definition of"Investment" 87100-87103.6 General prohibitions 87200-87210 Disclosure 87300-87313 Conflict of interest code 87500 Statements of economic interests 89501-89503 Honoraria and gifts 89506 Travel payments, advances and reimbursements 91000-91015 Enforcement CODE OF REGULATIONS, TITLE 2 18100 et seq. Regulations of the Fair Political Practices Commission 68 Ops.Cal.Atty.Gen. 171 (1985) 65 Ops.Cal.Atty.Gen. 606 (1982) (10/95 6196) 2/97 15R041149.Q0cl SEP-28=2006 THU 02:03 PH LUHSD FAX N0, 9256341687 P. 06 Liberty nion High School District Board Policy-ATTACHMENT Classification: Bylaws of the Board Policy No. OP9270 Page 1 of 2 Effective. 9/21/96 Subject: Conflict of Interest Revised: 9/23/98 Designated Positions and Disclosure Requirements 1. Persons occupying the following positions are designated employees in Category 1: Governing Board Members Superintendent of Schools Assistant Superintendent Business Manager Designated persons in this category must report. a. Interests in real property located entirely or partly within district boundaries, or within two miles of district boundaries or of any land owned or used by the district- Such interests include any leasehold, beneficial or ownership interest or option to acquire such interest in real property. b. Investments or business positions in or income from sources which: (1) Are engaged in the acquisition or disposal of real property within the district, (2) Are contractors or subcontractors which are or have been within the past two years engaged in work or services of the type used by the district, or (3) Manufacture or sell supplies,books, machinery or equipment of the type used by the district, 2. Persons occupying the following positions are designated employees in Category 2: Director Principal Assistant Principal Maintenance and Operations Director Designated persons in this category must report investments or business positions in or income from sources which: a_ Are contractors or subcontractors engaged in work or services of the type used by the department which the designated person manages or directs, or b. Manufacture or sell supplies, books, machinery or equipment of the type used by the department which the designated person manages or directs. For the purposes of this category, a principal's department is his/her entire school. 3. Consultants are designated employees who must disclose financial interests as determined on a case-by-case basis by the Superintendent or designee. The Superintendent or designee's written determination shall include a description of the consultant's duties and a statement of the extent of disclosure requirements based upon that description. All such determinations are public records and shall be retained for public inspection along with this conflict of interest code. tSR041150.00C} I SF.P-28=2006 THU 02:03 PM LUHSD FAX N0. 9256341687 P, 07 Liberty Union High School District Board Policy-ATTACHMENT Classification: Bylaws of the Board Policy No. SP9270 Page 2 of 2 Effective: 9/21/96 Subject: Conflict of Interest Revised: 9/23/98 A consultant is an individual who, pursuant to a contract with the district, makes any of several specified governmental decisions or serves in a staff capacity with the district, performing the same or substantially the same duties for the district that would otherwise be performed by an individual holding a position specified in the district's conflict of interest code. Consultants are individuals who decide whether to: (Code of Regulations, Title 2, Section 18700) a. Approve a rate, rule or regulation; b. Adopt or enforce a law; c. Issue, deny, suspend or revoke a permit, license, application, certificate, approval, order or similar authorization or entitlement; d. Authorize the district to enter into, modify or renew a contract that requires district approval; e. Grant district approval to a contract or contract specifications which require district approval and in which the district is a party; f. Grant district approval to a plan, design, report, study or similar item; or g. Adopt or grant district approval of district policies, standards or guidelines. (10/94)6/95) 2/97 (SR041150.DOC)