HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-376 jg
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THE BOARD OF SUPERVISORS VVV
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on JUNE 18, 2002 by the
following vote:
AYES: SUPERVISORS UILKEMA, GERBER, DeSAULNIER, GLOVER AND GIOIA
NOES: NONE
ABSENNE
ABSTAIN:NONE
SUBJECT: Policy for Beard Appointees, concerning) RESOLUTION No, 2002/376
Conflict of Interest& Open Meetings. j
1. Avoid Conflicts of Interest.
A. Statutes on Conflicts. Officials, commissioners, and committee members
appointed by this Board shall adhere to the principles and rules of the Political Reform Act of
1974 Government Code §§ 81000 et. seq.), including the following:
(1) Local government should serve the needs and respond to the wishes of all
citizens equally, without regard to their wealth. (Gov. Code, §81001 (a).)
(2)Public officials should perform their duties in an impartial manner, free from
rias caused by financial interests of themselves or their supporters. (Gov. Code, §81001 (b).)
(3)Public officials should disclose assets and income which may be materially
affected by their official actions, and in appropriate circumstances they should be disqualified
from acting, in order to avoid conflicts of interest, (Gov. Code, §81002 (c).)
B. CornMgn Law Polia gn Conflicts. All Board Appointees should so conduct
the public business as to avoid even any appearance of conflict of interest. (See, e.g.,Kimura v.
Roberts (1979) 89 Cal.App. 3d 871.)
2. Bold Open Meetings. Officials, commissioners, and committee members appointed by
this Board shall conduct their advisory body meetings in an open fashion that fosters public
participation.
A. Ralph M. Brown Act. California's "open meeting law" is the Ralph M. Brown
Act. (Gov. Code, §§ 54950 et. seq.) This statute declares the general public policy of the State as
follows:
"In enacting this chapter, the Legislature finds and declares that the public
commissions,boards and councils and the other public agencies in this State exist
to aid in the conduct of the people's business. It is the intent of the law that their
actions be taken openly and that their deliberations be conducted openly."
"The people of this State do not yield their sovereignty to the agencies which
serve them. The people, in delegating authority, do not give their public servants
the right to decide what is good for the people to know and what is not good for
them to know. The people insist on remaining informed so that they may retain
control over the instruments they have created,"(Gov. Code, § 54950.)
This policy is elaborated by requirements that local governmental bodies consider
and act on public business in open meetings, which are enforceable by civil remedies and by
criminal penalties.
2002/376
B. Better Crovgmment Ordinance. This County Ordinance extends open meeting
requirements to all Board appointed committees, including temporary, ad hoc advisory
committees.
C. Compliance Required. All Board Appointees must comply with the
requirements of the Ralph M. Brown Act and Better Government Ordinance applicable to them.
3. Complete Training_Prog . Within three months of appointment, each Board
Appointee shall complete the prescribed training on compliance with conflict of interest and
open meeting laws and shall certify that he or she has completed such training.
4. This Resolution replaces Resolution 821574 in its entirety.
I hereby certify that the foregoing is a true and
correct copy of an action taken and entered on
the minutes of the Board of Supervisors on
the date shown.
ATTESTED. John Sweeten, Clerk of the
Board of Supervisors and County
Administrator
By. _ie,� Z) --
Deputy
Orig. Dept: County Counsel
cc: County Administrator's Office
County Counsel
District Attorney
All County Departments and
Fire Protection Districts
2002/376
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