COMPLETED BOARD ORDER"�|E�)�62
Before the Board of Supervisors in and for the
County of Monterey, State of California
Approve amendments to the conflict of
interest code of the Monterey County
Water Resources Agency
ORDER
Pursuant to Section 87300 of the Government Code, the Monterey County Water
Resources Agency has requested the Monterey County Board of Supervisors, as code
reviewing body, to approve an amendment to its conflict of interest code, which has been
adopted and submitted to the code reviewing body.
The amendment to the conflict of interest code of the Monterey County Water
Resources Agency, a copy of which has been filed with the Clerk of the Board of
Supervisors, is hereby approved by the Monterey County Board of Supervisors.
The Clerk of the Board of Supervisors is hereby directed to notify the Monterey
County Water Resources Agency of the approval of its conflict of interest code by
mailing or delivering a copy of this order to the General Manager of the Monterey
County Water Resources Agency.
Upon motion of Supervisor Calcagno, seconded by Supervisor Armenta, the foregoing
order was passed and adopted this 1 lth day of January, 2011, by the following vote:
PASSED AND ADOPTED this 11th day of January 2011, by the following vote, to wit:
AYES: Supervisors Armenta, Calcagno, Salinas, Parker, Potter
NOES: None
ABSENT: None
I, Gail T. Borkowski, Clerk of the Board of Supervisors of the County of Monterey, State of California,
hereby certify that the foregoing is a true copy of an original order of said Board of Supervisors duly made
and entered in the minutes thereof of Minute Book 75 for the meeting on January 11, 2011.
Dated: January 24, 2011 Gail T. Borkowski, Clerk of the Board of Supervisors
County of Monterey, State of California
BY
Deputy
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SIGNED BOARD REPORT"�|E�+�MONTEREY COUNTY BOARD OF SUPERVISORS
MEETING: January 11, 2011 CONSENT AGENDA NO.: 62
SUBJECT: Approve amendments to conflict of interest code of the Monterey County
Water Resources Agency
DEPARTMENT: COUNTY COUNSEL
RECOMMENDATION:
It is recommended that the Board of Supervisors, as code reviewing body, approve and order the
proposed amendments to the conflict of interest code of the Monterey County Water Resources
Agency, a copy of which is attached hereto.
SUMMARY:
Following biennial review of its conflict of interest code as required by Government Code
section 87306.5, the Monterey County Water Resources Agency amended its conflict of interest
code on August 30, 2010 to add, delete, and re-title designated positions.
DISCUSSION:
Section 4 of the Monterey County Water Resources Agency Act Water Uncodified Acts, Act
600 stats. 1947, ch. 699)), as amended, provides that the agency consists of all the territory of
the county lying within the exterior boundaries of the county." As such, the Water Resources
Agency is not a multi jurisdictional agency, and the Monterey County Board of Supervisors is
the appropriate code reviewing body.
Amendments to local agency conflict of interest code are authorized by section 87306 of the
Government Code whenever changes are required by changed circumstances, by creation or
deletion of designated positions, or by changes in the duty of such positions. The proposed code
as amended is lawful under the Political Reform Act of 1974.
OTHER AGENCY INVOLVEMENT:
No other agency involvement exists.
FINANCING:
There is no fiscal impact upon the County of Monterey as a result of the proposed amendments.
%pr_ LEROY W. BLANKENSHIP
Assistant County Counsel
Attachments:
A. Proposed Order
B. Conflict of Interest Code of the Monterey County Water Resources Agency
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CONFLICT OF INTEREST CODE�|E�-�CONFLICT OF INTEREST CODE
OF THE
MONTEREY COUNTY WATER RESOURCES AGENCY
a) The Political Reform Act of 1974, Government Code sections 81000, et seq., requires
state and local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair
Political Practices Commission has adopted a regulation, 2 Cal. Code of Regs. section 18730, which
contains the terms of a standard model Conflict of Interest Code, which can be incorporated by
reference, and which may be amended by the Fair Political Practices Commission to conform to
amendments in the Political Reform Act after public notice and hearings. Therefore, the terms of 2
Cal. Code of Regs. section 18730 and any amendments to it duly adopted by the Fair Political
Practices Commission, along with the attached Appendix in which officials and employees are
designated and disclosure categories are set forth are hereby incorporated by reference and constitute
the Conflict of Interest Code of the Monterey County Water Resources Agency.
b) Pursuant to Government Code section 81008 and 2 Cal. Code of Regs. section
18730(b)(4), all designated employees shall file statements of economic interests with their agency.
Upon receipt of the statements of the General Manager and the members of the Board of Directors,
the agency shall make and retain a copy of each statement and forward the original of the statement
to the code reviewing body. Statements for all other designated employees shall be retained by the
agency, which shall make the statements available for public inspection and reproduction.
c) APPENDIX
EXHIBIT A: Designated Positions
List of Designated
Positions Assigned Disclosure
Categories
Member, Board of Directors 1
General Manager, MCWRA 1
Deputy General Manager, MCWRA 1
Finance Manager 1
Clerk to the Board/Administrative Services Assistant 1
Assistant General Manager/ Chief of Operations and Maintenance 1
Assistant General Manager/Chief of Water
Resources Management & Planning
1
Senior Water Resources Engineer 1
Senior Water Resources Hydrologist 1
Right-of-Way Specialist 1
ATTACHMENT B
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Page 2
Water Maintenance Superintendent 1
Consultants see Exhibit C) 1
EXHIBIT B: Disclosure Categories
General Provisions
When a member, officer, or employee who holds a designated position is required to disclose
investments and sources of income item a) below), he or she shall disclose investments in business
entities and sources of income which do business in the jurisdiction, plan to do business in the
jurisdiction, or have done business in the jurisdiction within the past two years. In addition to other
activities, a business entity is doing business within the jurisdiction if it owns real property within the
jurisdiction.
When a designated member, officer, or employee who holds a designated position is required
to disclose sources of income item a) below), he or she shall disclose gifts received from donors
located inside as well as outside the jurisdiction.
When a designated member, officer, or employee who holds a designated position is required
to disclose interests in real property, he or she shall disclose the type of real property described
below, if it is located in whole or in part within, or not more than two miles outside of the boundaries
of the jurisdiction, or within two miles of any land owned or used by the Monterey County Water
Resources Agency or by the County of Monterey.
When a designated member, officer, or employee who holds a designated position is required to
disclose business position item c) below), he or she shall disclose positions in business entities that
do business in the Agency's jurisdiction, plan to do business in the Agency's jurisdiction, or have
done business in the Agency's jurisdiction within the past two years.
For purposes of this Conflict of Interest Code, the jurisdiction of the Monterey County Water
Resources Agency is the County of Monterey.
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Page 3
Disclosure Category:
A member, officer, or employee holding a position assigned to Disclosure Category 1 shall,
in the manner described above, report:
a) All investments and business positions in business entities
and sources of income in the jurisdiction;
b) Interests in real property in the jurisdiction;
c) His or her status as director, officer, partner, trustee,
employee, or holder of a management position in any business entity in
the jurisdiction.
EXHIBIT C: Consultants
For purposes of this Code, consultant" has the same meaning as set forth in 2 Cal. Code of
Regs. section 18700(a)(1), as follows:
Consultant" means an individual who, pursuant to a contract with a state or local
government agency:
A) Makes a governmental decision whether to:
1. Approve a rate, rule, or regulation;
2. Adopt or enforce a law;
3. Issue, deny, suspend, or revoke any permit, license,
application, certificate, approval, order, or similar authorization or
entitlement;
4. Authorize the agency to enter into, modify, or renew a
contract provided it is the type of contract which requires agency
approval;
5. Grant agency approval to a contract which requires agency
approval and in which the agency is a party or to the specifications for
such a contract;
6. Grant agency approval to a plan, design, report, study, or
similar item;
7. Adopt, or grant agency approval of, policies, standards, or
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Page 4
guidelines for the agency, or for any subdivision thereof; or
B) Serves in a staff capacity with the agency and in that capacity performs the same
or substantially all the same duties for the agency that would otherwise be performed by an
individual holding a position specified in the agency's Conflict of Interest Code.
Consultants to the Monterey County Water Resources Agency shall be subject to disclosure under
Category 1, subject to the following limitation:
The General Manager may determine in writing that a particular consultant, although a
Designated Employee," is hired to perform a range of duties that is limited in scope and thus is not
required to fully comply with the disclosure requirements of Category 1. In such cases, the General
Manager may designate a different disclosure requirement. Such designation must be made in
writing and shall include a description of the consultant's duties and, based upon that description, a
statement of the extent of the consultant's disclosure requirements. The General Manager's
designation must be filed, in advance of disclosure by the consultant, with the agency's conflict of
interest code and also filed with the code reviewing body and must be delivered to the consultant
along with a copy of the conflict of interest code and the manual and forms for disclosure FPPC
Form 700).
Adopted: 03/19/85
Amended: 03/07/90
04/06/92
08/30/99
08/30/10
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