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HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-376 jg ` r 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 Dp:\T:\STAFF\BoardAppointees.wpd