BOARD MEETING DATE: November 2, 2007
AGENDA NO. 35

PROPOSAL:

Consider Amending AQMD Conflict of Interest Code to Add Board Assistants

SYNOPSIS:

This item is to consider the advisability of adding Governing Board Assistants to the AQMD Conflict of Interest Code, which would require them to submit a Statement of Economic Interests (Fair Political Practices Commission Form 700). In addition, minor changes are proposed to the Board Assistants/Consultants Policy and to the Administrative Code, making them consistent with Board action taken at the October Governing Board meeting.

COMMITTEE:

Administrative, October 12, 2007, Recommended for Approval

RECOMMENDED ACTIONS:

1. Amend the Board Member Assistant and Board Member Consultant Policy as set forth in Attachment A.
2. Amend Employment Agreement between AQMD and Board Member Consultant/Assistant as set forth in Attachment B.
3. Amend the District Administrative Code as set forth in Attachment C.
4. Direct the Executive Officer to take the steps necessary to amend the District’s Conflict of Interest Code to add a reporting requirement for Board Assistants.

Barry R. Wallerstein, D.Env.
Executive Officer

Background

Under the current policy for Board Consultants and Board Assistants, only Board Consultants are required to submit an annual Statement of Economic Interests (Fair Political Practices Commission Form 700). Board Assistants are not required to submit 700 forms. At the October Governing Board meeting, Board Members directed staff to recommend whether Board Assistants should also be required to submit 700 forms. Staff recommends that the Board Member Assistant and Board Member Consultant Policy (“Policy”) be revised to also require Board Assistants to submit 700 forms.

The Political Reform Act requires submittal of 700 forms each year by persons holding positions in public agencies whose duties include making or participating in making governmental decisions that may foreseeably have an effect on economic interests. (See, Gov’t Code §87302(a); Cal. Code of Regs., title 2, §18730(b)(2).) The Fair Political Practices Commission has defined the term “participating in making governmental decisions” very broadly. It includes advising a decision maker by either (1) conducting research or an investigation whose purpose is to influence a governmental decision^[1] or (2) preparing or presenting a report analysis or opinion, the purpose of which is to influence a governmental decision.^[2]

Under the Board-adopted policy for Governing Board Assistants and Consultants, Board Assistants are assigned clerical duties not normally requiring them to file a 700 Form. Typical functions include preparing narrative and statistical reports, preparing correspondence, filing and maintaining records, arranging meetings and other group functions, monitoring various programs and projects, and responding to inquiries from public entities, Board Members, the public, and District staff. These functions generally do not involve the Board Assistant participating in governmental decisions, even within the broad meaning given to that phrase by the FPPC. Consequently, Board Assistants have not been required to submit 700 Forms. However, Board Members may on occasion wish to assign duties to Assistants that would bring them within the purview of the Political Reform Act’s filing requirement. Also, Board Assistants work closely with Board Members on critical policy matters. For these reasons, staff is recommending that Board Assistants be required to file 700 Forms.

If the amendment to the Policy is adopted, the Executive Officer will proceed to take the necessary steps to amend the District’s Conflict of Interest Code, in accordance with Fair Political Practices Commission (“FPPC”) regulations. Before the District may amend its Code, it must notify the FPPC that it will be making changes to its Conflict of Interest Code. In addition, FPPC regulations require that individuals whose positions will be subject to the Conflict of Interest Code requirements be afforded a written comment period or a public hearing. Accordingly, a 45-day written comment period will be provided to give interested individuals an opportunity to discuss the proposed amendments to the Code. At the end of the 45-day comment period, the proposed amended Conflicts of Interest Code will be presented to the Governing Board for consideration and approval and, thereafter, the amended Code and any other necessary documentation will be sent to the FPPC for final review and approval. In addition, two minor changes are proposed, one to section 15.7 of the District Administrative Code (Attachment C) and one to paragraph 5 of the Policy (Exhibit A) to make them consistent with the Board action taken at last month’s Board meeting.

Proposal

1.  Amend the Board Member Assistant and Board Member Consultant Policy as set forth in Attachment A.
    
2. Amend Employment Agreement between AQMD and Board Member Consultant/Assistant as set forth in Attachment B.
    
3. Amend the District Administrative Code as set forth in Attachment C.
    
4. Direct the Executive Officer to take the steps necessary to amend the District’s Conflict of Interest Code to add a reporting requirement for Board Assistants.

Resource Impacts

None

Attachments (EXE 77kb)

1. Board Member Assistant and Board Member Consultant Policy
2. Employment Agreement Between SCAQMD and Board Member Consultant/Assistant
3. District Administrative Code

^[1] “Governmental decisions” include voting, appointing a person, committing the agency to a course of action, contracting on behalf of the agency, or determining not to act with regard to any of the foregoing. Cal. Code of Regs., title 2, §18702.1. [Return]

^[2] See footnote 1, supra. [Return]