File #: RES 18-132    Name: Consolidated Oversight Board Conflict of Interest Code
Type: BoS Resolution Status: General Government - Consent
File created: 9/24/2018 In control: Board of Supervisors
On agenda: 10/9/2018 Final action: 10/9/2018
Title: Adopt a Resolution to approve the Conflict of Interest Code of the Consolidated Oversight Board for the County of Monterey.
Attachments: 1. Board Report, 2. Draft BoS Resolution, 3. Consolidated Oversight Board COI, 4. Consolidated Oversight Board Resolution, 5. 18. Completed Board Order, Resolution & Attachment
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Title

Adopt a Resolution to approve the Conflict of Interest Code of the Consolidated Oversight Board for the County of Monterey.

 

Report

RECOMMENDATION:

It is recommended that the Board of Supervisors, as the code reviewing body, adopt a Resolution to approve the Conflict of Interest Code of the Consolidated Oversight Board for the County of Monterey.

 

SUMMARY:

The California Political Reform Act requires newly formed local agencies to adopt a conflict of interest code and to submit these codes to the code reviewing body for approval, upon which the codes become effective and binding.  (Gov. Code §§ 87300 and 87303).  Because the jurisdiction of the newly formed Consolidated Oversight Board for the County of Monterey (the Oversight Board) is wholly within the County of Monterey, the Board of Supervisors is the designated code reviewing body.  (Gov. Code § 82011(b).)  The Oversight Board has adopted a conflict of interest code and submitted it to the Board for its approval.

 

DISCUSSION:

The Oversight Board was established in accordance with California Health and Safety Code section 34179(j) to oversee the activities of the ten redevelopment successor agencies in Monterey County, thereby replacing all other redevelopment successor agency oversight boards, effective July 1, 2018.  The Oversight Board has fiduciary responsibility to the holders of enforceable obligations and the taxing entities that benefit from distributions of property tax and other revenues. (Health and Safety Code, § 34179(i).).

 

On August 21, 2019, the Oversight Board adopted a conflict of interest code (Attachment B), by resolution (Attachment C). It has submitted the conflict of interest code to the Monterey County Board of Supervisors for consideration and approval.

 

Pursuant to section 87303 of the Government Code, the Board of Supervisors may approve the code as submitted, revise the proposed code and approve it as revised, or return the proposed code to the Oversight Board for revision and resubmission.  Because the proposed code is lawful under the Political Reform Act of 1974, it is recommended that the Board approve it as submitted.  Attachment A is a proposed resolution for the Board’s consideration, approving the Oversight Board’s Conflict of Interest Code.

 

OTHER AGENCY INVOLVEMENT:

County Counsel has reviewed the Conflict of Interest Code of the Oversight Board as to form.  The proposed Conflict of Interest Code is lawful under the Political Reform Act of 1974.

 

FINANCING:

There is no fiscal impact upon the County of Monterey resulting from the Board’s approval of the Oversight Board’s Conflict of Interest Code.

 

BOARD OF SUPERVISORS STRATEGIC INITIATIVES:

Under the Political Reform Act, local agencies must adopt a conflict of interest code that identifies officials and employees who make governmental decisions, and specifies the public disclosures they must make of their financial interests depending on the position held.  In reviewing and approving conflict of interest codes as required by statute, the Board of Supervisors furthers accountability and transparency in local government.

 

__Economic Development

X Administration

__Health & Human Services

__Infrastructure

__Public Safety

 

Prepared by:                     Joel Pablo, Senior Secretary, Clerk of the Board, X6642                                                               

Approved by:                      Valerie Ralph, Clerk of the Board, X5842                     

 

Attachments:

A.                     Proposed Board of Supervisors Resolution

B.                     Conflict of Interest Code of the Consolidated Oversight Board for the County of Monterey

C.                     Resolution Adopted by the Consolidated Oversight Board for the County of Monterey