Agenda

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Consent-General Government # 11.

Board of Supervisors

County Counsel

Meeting Date:	10/09/2018
Brief Title: Biennial Review of Conflict of Interest Codes
From:	Philip J. Pogledich, County Counsel
Staff Contact:	Hope P. Welton, Senior Deputy County Counsel, x8223
Supervisorial District Impact:

Subject

Receive, approve and file Requests for Exemption from Adopting a Conflict of Interest Code and receive, approve and file Conflict of Interest Codes submitted by various districts during the 2018 Biennial Review. (No general fund impact) (Pogledich/Welton)

Recommended Action

Receive, approve and file the Requests for Exemption from adopting a Conflict of Interest Codes submitted by the following districts:

Capay Cemetery District
Elkhorn Fire Protection District
Knights Landing Cemetery District
Mary’s Cemetery District
Reclamation District No. 1600
West Plainfield Fire Protection District
Zamora Fire District

Receive, approve and file the No Amendment Needed Forms for the Conflict of Interest Codes submitted by the following districts:

Cacheville Service District
Capay Valley Fire Protection District
Clarksburg Fire Protection District
Davis Cemetery District
Dunnigan Fire Protection District
Dunnigan Water District
Esparto Fire Protection District
Knights Landing Fire Protection District
Madison Fire Protection District
Reclamation District No. 150
Reclamation District No. 785
Reclamation District No. 827
Reclamation District No. 900
River Charter Schools
Sacramento Valley Charter School
Willow Oak Fire Protection District
Winters Fire Protection District
Woodland-Davis Clean Water Agency
Yolo County Grand Jury
Yolo County Flood Control & Water Conservation District
Yolo County Indian Gaming Local Community Benefit Committee
Yolo County Resource Conservation District
Yolo County Transportation District
Yolo Fire Protection District

Strategic Plan Goal(s)

Operational Excellence

Reason for Recommended Action/Background

The above-named Districts have either established their exemption from the requirement for adoption of a conflict of interest code or have adopted a conflict of interest code as required by the Fair Political Practices Commission. The Board of Supervisors is the code reviewing body for these Districts. These actions would grant approval by the Board of Supervisors of the submitted documents, all of which have been reviewed by this office and are recommended for approval.

BACKGROUND

In 1998, the Board of Supervisors adopted Resolution No. 98-44 regarding conflict of interest codes for local agencies. As required by the Political Reform Act (Government Code section 87306.5), each local agency in the County is required biennially to report to the Board of Supervisors, as the code reviewing body, regarding that district’s conflict of interest code or the criterion for exemption from adopting a code. In August 2018, this Office gave notice to each local agency to review and, where necessary, either submit an amended conflict of interest code or request an exemption.

Under Government Code section 87309, no conflict of interest code or amendment shall be approved by the Board if it (a) fails to provide reasonable assurance that all foreseeable potential conflict of interest situations will be disclosed or prevented; (b) fails to provide to each affected person a clear and specific statement of his duties under the Code; or (c) fails to adequately differentiate between designated employees with different powers and responsibilities.

On the basis of the information received by this office from the referenced local agencies and special districts, this office believes that it is appropriate for the Board of Supervisors to receive, approve and file the documents on file with the Clerk of the Board of Supervisors.

At this time, the Yolo County Housing Authority, Washington Unified School District and the Springlake Fire Protection District are in the process of reviewing and/or amending their Conflict of Interest Codes and these will be brought forward to the Board of Supervisors once completed. Since the Board's last review it has been determined that the Sacramento-Yolo Port District and the Winters Cemetery District are Multi-County agencies within the direct jurisdiction of the Fair Political Practices Commission and therefore no longer required to file in Yolo County.

Collaborations (including Board advisory groups and external partner agencies)

None.

Fiscal Impact

Fiscal Impact (Expenditure)
No Fiscal Impact
Total cost of recommended action:		$
Amount budgeted for expenditure:		$
Additional expenditure authority needed:		$
On-going commitment (annual cost):	$

Source of Funds for this Expenditure

Attachments
Att. A. Request For Exemption
Att. B. No Amendment Required

Form Review

Inbox	Reviewed By	Date
County Counsel (Originator)	Hope Welton	09/28/2018 05:15 PM
Phil Pogledich	Phil Pogledich	10/03/2018 10:07 AM
Form Started By: Hope Welton		Started On: 09/18/2018 02:43 PM
Final Approval Date: 10/03/2018