HomeMy WebLinkAboutResolution 1974 - 0053(PASSED BY DISTRICTS 5,6 &7 ONLY)
RESOLUTION NO.7~4—53
A R~SOLUTION OF THE BOARDS OF DIRECTORS OF
COUNTY SANITATION DISTRICTS NOS.5,.6,AND
7 OF ORANGE COUNTY ADOPTING GUIDELINES FOR
THE IMPLEMENTATION OF THE GOVERNMENTAL
CONFLICTS OF INTEREST ACT
BE IT RESOLVED by the Boards of Directors of the County
Sanitation Districts Nos.5,6,and 7 of Orange County,California:
SECTION 1 PURPOSE AND EFFECT
Pursuant to Section 3626 of the Government Code (all section
references herein are to the Government Code unless otherwise
specified),the Boards of Directors of the County Sanitation
Districts Nos.5,6,and 7 of Orange County,California hereby
adopt the following guidelines for their public officials in deter
mining whether they have an economic interest or interests which
are in substantial conflict with their official duties and powers
under Subdivision (a)of Section 3625 and in determining whether
they have an economic interest in matters for purposes of
Subdivision (b)of Section 3625.
Nothing contained in this resolution is intended to modify or
abridge the provisions of the Governmental Conflicts of Interest Act
(Section 3600 et seq.),Sectionslo9O—1097;or any other provisions
of law pertaining to conflicts of interest.This resolution shall
be interpreted in a manner consistent therewith.Nothing contained
herein shall be deemed adopted pursuant to or in implementation of
Section 3603 or Section 370L1.
SECTION 2 DESIGNATION OF OFFICIALS
The “public officials,”“officials,”and “elective and
appointive officers”subject to the provisions of Section 3625 are:
1.Board of Directors
2.General Manager
3.Chief Engineer
4~Secretary
5..County Auditor acting as ex officio Auditor of
the Districts
6.Director of Finance of the J.A.O.
7.General Counsel
SECTION 3 SUBSTANTIAL CONFLICT
A.An official shall not be deemded to have an economic
interest in substantial conflict with the proper exercise of an
official’s duties within the meaning of Government Code Section
3625(a)if he has only a “remote economic interest”and if the fact
of such interest is disclosed to the body or Board of the District
and noted in its official records,and the official in no way
attempts to influence any other public official of the District
with respect to any matter concerning such remote economic interest.
As used in.this section,the term “remote economic interest”
means:
1.That of a non—salaried member or officer of a non—profit
corporation;
2.That of a director,officer,partner,trustee,employee or
holder of any position of management in any business entity contracting
with the District if such business entity has ten or more other
employees and if the officer was an employee or agent of said entity
for at least three years prior to his initially accepting his office.
For purposes of this subsection,time of employment with the business
entity by the officer shall be counted in computing such three—year
period even though such entity has been converted from one form of
business organization to a different form of business organization
within three years of the initial taking of office by such officer.
Time of employment in such case shall be counted only if,after the
transfer or change in organization,the real or ultimate ownership
for the contracting party is the same or substantially similar to
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that which existed before such transfer or change in organization.
.For the purposes of this subsection,stockholders,bondholders,
partners,or other persons holding an interest in the business
entity are regarded as having the “real or ultimate ownership”of
such entity.
3.That of a parent in the earnings of his minor child for
personal services;
~.That of a landlord or tenant of a business entity contracting
with the District;
5.That of an attorney of a business entity contracting with
the District;
6.That of a supplier of goods or services to the District
when such goods or services have been supplied to the District by
such officer for at least five years prior to his election or
appointment to office;
7.That of aperson subject to the provisions of Government
Code Section 1090 in any contract or agreement,entered into pursuant
to the provisions of the California Land Conservation Act of 1965;
8.That of an officer,director,or employee of a bank,bank
holding company,or savings and loan association with which the
District has the relationship of borrower or depositor,debtor or
creditor;
9.That of a shareholder of a corporation contracting with the
District if less than 3%of the shares of such corporation are owned
by such officer and total annual income to the officer from dividends,
including the value of stock dividends from the corporation,does
not exceed 5%of the officer’s total annual income,and any other
payments made to him by the corporation do not exceed 5%of his total
annual income.
B.An economic interest in substantial conflict with the
proper exercise of an official’s duties within the meaning of
Section 3625(a)shall not be deemed to exist unless the official
would be required to disqualify himself under Section 3625(b)on a
continuous and regular basis from activities and actions which
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constitute a major and significant portion of his official duties
and thereby impair his ability to function effectively and fulfill
duties of his office.
SECTION L!MATERIAL ECONOMIC EFFECT
An action or decision shall not be deemed to have a material
effect on an economic interest unless the official has reason to
believe that,by reason of the action or decision,an investment,
or interest in real property may Increase or decrease In value,
other than negligibly,or a business entity from which the official
derives income or in which he holds a position of employment or
management will gain or lose monetarily,other than negligibly.A
change of less than 1%shall be deemed negligible.
SECTION 5 MINISTERIAL AND CLERICAL DUTIES
Section 3625(b)shall apply only to actions which involve
discretion or judgment.It does not apply to actions which are
solely ministerial or clerical.
SECTION 6 PARTICIPATION
A.The terms “participates’and “attempt to influence”as
used in Section 3625(b)shall be deemed to include but not be limited
to participation in deliberations or debate,or voting on the Issue,
and the following actions when related to the merits of the issue
to be decided on or acted upon:
1.Preparation of oral or written reports.
2.Rendition of oral or written advice.
3.Testiniony before a public agency.
1!.Discussion with any officials authorized to
decide or assist other public officials to
decide the matter.
5.SubmissIon of letters or other documents to
any official authorized to decide or assist
other public officials to decide the matter.
6.Issuance or denial of an official approval.
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B.Nothing contained herein or in Section 3625 shall abridge
the right of any citizen,whether or not a public official,to
submit information or express views on the same basis as any other
private citizen,provided,such is done in public and the person
indicates he is acting in a private capacity.
C.An official directly involved in a matter,whether as a
party,or applicant,or otherwise may,in his private capacity,
provide whatever information is necessary and perform any other
steps which are required of other citizens in the same situation,
individually or by counsel.He may not,however,discuss the matter
privately with officials who must decide the matter.
SECTION 7 NECESSITY
A.An official shall not be subject to Section 3625(b)with
respect to any matter which cannot be legally acted upon or decided
without his participation.
B.Section 3625(b)shall not ‘apply where:
1.A statutory quorum cannot be achieved by
continuance or within legally mandated time
limits;
2.More than a simple majority vote is required
to take a proposed action,and the number of
officials entitled to vote is less than the
number required;or
3.The official is,by law,the sole officer who
can perform the action or make the decision.
C.In cases where subsections (b)(1)or (b)(2)apply,all
otherwise qualified officials shall be entitled to participate.
D.In all cases involving exemptions hereunder,the officials
shall comply with Section 3625(d).
SECTION 8 DISQUALIFICATION
An official who refrains from acting in accordance with
SectIon .3625(b)should publicly announce such abstension but need
not declare the nature of the interest which disqualifies such
official.
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S SECTION 9 INTERPRETATION
Any official who is unsure of his duties under Section 3625
should secure a written opinion from counsel.When said opinion is
complied with in the good faith belief that it is consistent with
those provisions,said action shall be deemed in compliance with
these guidelines,and such official shall be exempt from the civil
penalties in Section 3751 and the sanctions in Section 3753.
SECTION 10 LIMITATIONS ON ACTIONS
No action shall be brought pursuant to Section 3751 of the
Government Code
.A~To restrain the execution of or to set aside as
void any decision,contract,order,permit,
resolution or other official action unless the
complaint or petition has been filed and served
on the Secretary of the District within thirty (30)
days following the decision,contract,order,permit,
resolution or other official action;
B.To enjoin an official from violating or to compel
an official to comply with the provision of
Division L~.5 of Title 1 of the Government Code or
of this resolution,unless the complaint or petition
has been filed and served within 180 days after the
violation of Section 362.5 of the Government Code
occurred.
SECTION 11 SEVERABILITY
If anysection,subsection,sentence,clause or phrase of
this resolution is for any reason held by a court of competent
jurisdiction to be invalid,such decision shall not affect the
validity of the remaining portions of this resolution.The Board of
Directors hereby declares that it would have passed this resolution
and each section,subsection,sentence,clause and phrase thereof,
irrespective of the fact that any one or more sections,subsections,
sentences,clause or phrase be declared invalid.
SECTION 12 EFFECTIVE DATE
This resolution shall take effect upon its adoption.
PASSED AND ADOPTED at a regular meeting held March 13,19711.
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STATE OF CALIFORNIA )
)ss.
COUNTY OF ORANGE )
I,J.WAYNE SYLVESTER,Secretary of the Boards of Directors
of County Sanitation Districts Nos.5,6,and 7 of Orange County,
California,do.hereby certify that the above and foregoing
Resolution No.714—53 was regularly passed and adopted at a
regular meeting of said Boards on the 13th day of March,19714,by
the following vote,to wit:
AYES:District No.5 —Directors Don Nclnnis (Chairman),
Ralph Clark,and Carl Kymla
District No.6 —Directors Ellis Porter (Chairman),
Robert Battin,and John Store
District No.7 —Directors Donald Saltarelli (Chair
man pro temj,James Jackman,Ralph Clark,Jerry
Patterson,Ellis Porter,and Don Mclnnis
NOES:None .
.
ABSTENTIONS:District No.7 —Director John Burton
ABSENT:None
IN WITNESS WHEREOF,I have hereunto set my hand and affixed
the official seal of County Sanitation Districts Nos.5,6,and 7
of Orange County,California,this 13th day of March,19714.
.~/Way~e S~r~ester,Secretary
/~,oard~of 1Z~rectors of County
t-Sanitation Districts Nos.5,6,
and 7 of Orange County,California