Approve Adoption of Conflict of Interest Code, as Amended

In a memorandum to Committee, Secretary of the District Janet Tarantino and General Manager Denis Mulligan reported on staff’s recommendation to approve adoption of the 2010 Conflict of Interest Code (Code); and, direct the Secretary of the District to submit the Code to the Fair Political Practices Commission (FPPC) for its approval.

The staff report stated that California law requires local agencies to review their Conflict of Interest Codes biennially, and to amend them if “substantive” change is required (Government Code §§87306.5 and 87200). Staff and the Attorney have determined that the District’s Code requires one “substantive” amendment, the addition of the Senior Board Analyst position in the Office of the District Secretary, with Disclosure Categories 1 and 2. On Tuesday, September 14, 2010, a Notice of Intention to Amend a Conflict of Interest Code (Notice) was posted in the lobby of the Golden Gate Bridge Toll Plaza dministration Building and on the District’s web site, and was distributed to the following:

1. FPPC;
2. County clerks of the six counties that make up the District;
3. Members of the District’s Board of Directors;
4. District employees; and,
5. Consultants of the District who file FPPC Form 700 Statement of Economic Interests with the District.

The required 45-day written public comment period expired on October 28, 2010 with no comments or requests for hearing having been received. A copy of the staff report is available from the Office of the District Secretary and is posted on the District’s web site.

At the meeting, Chair Pahre briefly stated the procedures, noted above, that must be followed when an agency’s Code requires “substantive” change.

Discussion ensued, including the following inquiry:

• Director Newhouse Segal inquired as to whether the Senior Board Analyst position is a new one. In response, Mr. Mulligan stated that the employee is not new. It has been determined by the FPPC that the position should be included with those that must file the Form 700 Statement of Economic Interests.

Staff recommended, and the Committee concurred by motion made and seconded by Directors McGLASHAN/SANDERS, to forward the following recommendation to the Board of Directors for its consideration:

RECOMMENDATION

The Rules, Policy and Industrial Relations Committee recommends that the Board of Directors approve adoption of the 2010 Conflict of Interest Code (Code); and, direct the Secretary of the District to submit the Code to the Fair Political Practices Commission for its approval.

Action by the Board at its meeting of November 19, 2010 – Resolution
NON-CONSENT CALENDAR

AYES (8): Chair Pahre; Vice Chair McGlashan; Directors Cochran, Eddie, Elsbernd, Kerns, Newhouse Segal and Sanders
NOES (0): None
ABSENT (2): Director Snyder; President Boro (Ex Officio)

Public Comment

There was no public comment.

Adjournment

All business having been concluded, the meeting was adjourned at 9:50 a.m.