BOARD MEETING DATE: December 1, 2006
AGENDA NO. 12

Amend AQMD Conflict of Interest Code

SYNOPSIS:

The Political Reform Act requires the AQMD to review its Conflict of Interest Code biennially and submit notice to the Board regarding its accuracy or the need to amend to reflect the addition, reclassification, renaming, or deletion of designated positions. As a result of personnel and other changes during the past two years, the Code must now be amended. Individuals holding designated positions are required to disclose certain investments, income, interests in real property, business entities and business positions and also may have to disqualify themselves from making or participating in the making of governmental decisions affecting those interests.

COMMITTEE:

Not Applicable

RECOMMENDED ACTION:

Approve amendments to the District’s Conflict of Interest Code as reflected in the Attachments; and direct the Executive Officer to forward the revised Code and any other necessary documentation to the Fair Political Practices Commission for its review and approval.

Barry R. Wallerstein, D.Env.
Executive Officer

Background

The District’s Conflict of Interest Code must be amended to add new classification desig-nations. Individuals holding specified positions are required to disclose certain invest-ments, income, interests in real property, business entities and business positions. These individuals must also comply with the conflict of interest provisions of the Political Re-form Act, and thus may have to disqualify themselves from making or participating in governmental decisions affecting those interests.

As a result of changes in District positions over the past two years, the Conflict of Interest Code must now be amended to reflect the deletion of the Plant Engineer classification and the addition of the classifications of Building Maintenance Manager and Environmental Technology Assessment Manager as employees who must file Statements of Economic Interest under the Code. The substantive requirements of the Conflict of Interest Code remain unchanged.

In addition, Members and Alternates of the Technical Advisory Committee (TAC) of the Mobile Source Air Pollution Reduction Review Committee (MSRC) will be required to file Statements of Economic Interest under the amended Code. The MSRC approves con-tract awards in its work program, funded by its share of motor vehicle registration fees (Health & Safety sections 44223, 44243, 44244(b)), subject to subsequent approval of the AQMD Governing Board. (Health & Safety Code §44244(b)(2).) The TAC assists with developing the work program and program recommendations, assists with preparation of Requests for Proposals (RFPs), evaluates proposals and recommends to the MSRC con-tract awards, extensions and modification. These recommendations are regularly and rou-tinely followed by the MSRC. Accordingly, TAC members and alternates should be added to the Code.

Before the District may amend its Code, the Fair Political Practices Commission requires that individuals whose positions will be subject to its requirement be afforded a written comment period or a public hearing. Accordingly, a 45-day written comment period was provided to give interested individuals an opportunity to discuss the proposed amend-ments to the Code.

Attachment(s) (EXE 56kb)
Conflict of Interest Code for the AQMD
Attachment A (Clean/Strike-Out)
Attachment B

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