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HomeMy WebLinkAboutMINUTES - 07152003 - C.47 .:..._...� :� Centra TO: BOARD OF SUPERVISORS ti FROM: INTERNAL OPERATIONS COMMITTEE ', rrinMn, Costa BATE: JULY 7, 2003 s; -------- County f�� SUBJECT: MOBILE HOME ADVISORY COMMITTEE COMPOSITION AND MISSION SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1. FIND that the circumstances cited in requests received by the Board of Supervisors to remove an At Large member from the Mobile Home Advisory Committee do not automatically disqualify the At Large member, and RETAIN the At Large member. 2. ADD two seats to represent District III on the Mobile Home Advisory Committee (MHAC): one seat representing mobile home park owners and managers and one seat representing homeowners and residents; and upon filling the two seats, increase the quorum requirement to seven. 3. DIRECT the Internal Operations Committee to continue to work with the MHAC to update and clarify its bylaws, and to resolve Structural and operating issues identified by the MHAC. BACKGROUND: In February and March, 2003, various County officials received letters from Freddie Oaks, Jr., Marilyn Smith, and Bertha Stobb requesting the resignation of the At Large #2 member of the Mobile Home Advisory Committee (MHAC) member due to an alleged conflict of interest. The Board of Supervisors referred the letters to the IOC for review. Upon review, the JOC requested the County Counsel's advice as to the alleged conflict of interest of the member in question. In addition, on April 7, members of the MHAC suggested that the MHAC be recomposed and its mission be clarified. The IOC requested the MHAC to discuss the issue as a group and forward its recommendations to the IOC. CONTINUED ON ATTACHMENT: YES SIGNATURE:- r ------------ RECOMMENDATION OF COUNTY ADMINISTRATOR i,. RECOMMEN"N OF BOARD COMMITTEE �PPROVE OTHER 4iSIGNATURE(�< r..- . .• G LE B. UIL EMA, Chair FEDERAL D. GLOVER -------------------- - ------ -- ------ ------- ---- -- -_- -------- - --- ------------------------------------------------------- - ACTION OF BOARD ON h1I�15s 2iX73 APPROVE AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE XAND CORRECT COPY OF AN ACTION TAKEN UNAMMOUS(ABSENT } AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE AYES: NOES: SHOWN. ABSENT: ABSTAIN: *District III Seat 'VACANT* ATTESTED: JULY 15,2003 CONTACT: JULIE ENEA (925)335-1077 JOHN SWEETEN,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR CC: INTERNAL OPERATIONS COMMITTEE MEMBERS INTERNAL OPERATIONS COMMITTEE STAFF DEBBIE GORMAN,MHAC STAFF m COUNTY COUNSEL CLERK OF THE BOARD(MADDY BOOK) BY, , #'t �� PUTY �I MobRe Home Advisory Committee Composition and Mission July 7, 2003 Internal Operations Committee Page 2 At the July 7 14C meeting, the County Counsel advised the 10C that so long as At Large members meet the Board-specified requirements for At Large membership, they are not automatically disqualified from serving on the MHAC due to occupations that involve interaction with park owners/managers or park tenants, or due to personal friendships with park owners or tenants. However, they may need to recuse themselves from participating in specific MHAC decisions or recommendations in which they are financially interested. According to counsel, a public official has a financial interest in a decision if it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on the official, on a business entity in which the official has an investment worth $2000 or more, or on any source in income to the official aggregating $500 or more within the 12 months preceding the decision. A financial effect is considered reasonably foreseeable if there is a substantial likelihood that it will occur. However, if the effect is only a mere possibility, it is not reasonably foreseeable. It is the County's policy that Board appointees should so conduct public business as to avoid even any appearance of conflict of interest. Thus, At Large members must avoid participation in any decision where their personal interests give rise to an appearance of a conflict of interest. In general, the mere existence of a personal friendship does not create an apparent conflict of interest absent facts showing a financial effect, as previously described. The fact that an At Large member is a proprietor of a company that sells mobile homes, for example, does not require the member to abstain from all decisions that might impact mobile homes or parks in general. However, if a decision was made by the MHAC that had the appearance of specifically benefiting the At Large member, the member's company, or the member's customers, the At Large member may have to recuse him/herself from such decision. In summary, whether or not At Large members should recuse themselves to avoid an apparent conflict of interest on decisions specifically impacting their financial interests would have to be examined on a case-by-case basis. Training specific to avoiding conflicts of interest has been provided and continues to be available to all advisory body appointees of the Board of Supervisors. The MHAC also requested the IOC to clarify the MHAC's mission and operating procedures, and to consider several options to recompose the MHAC. MHAC staff presented four options and a MHAC member suggested an additional option. The IOC is recommending that the membership of the MHAC be increased from 11 to 13, to provide equal park owner and tenant representation to District 111 as the other supervisorial districts. Several issues remain to be resolved regarding clarification of the MHAC's mission and operating procedures, regarding which the IOC will continue to work with the MHAC and return to the Board of Supervisors later this year with additional recommendations.