BOARD MEETING DATE: February 1, 2008
AGENDA NO. 14
PROPOSAL:
Amend AQMD Conflict of Interest Code
SYNOPSIS:
The AQMD will hold a public hearing on a proposed amendment to the District’s Conflict of Interest Code. The Board intends to adopt an amendment to its Conflict of Interest Code under Government Code section 87306(a) to add Governing Board Assistant and Public Benefits Programs Oversight Committee Member as designated positions subject to the Code’s requirements. 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 designations. Individuals holding specified positions are required to disclose certain investments, income, interests in real property, business entities and business positions. These individuals must also comply with the conflict of interest provisions of the Political Reform Act, and thus may have to disqualify themselves from making or participating in governmental decisions affecting those interests.
The proposed amendments will change the enumeration of District positions required to file economic disclosure statements by adding the following classifications as persons who must file Statements of Economic Interest under the Conflict of Interest Code: Governing Board Assistant and Public Benefits Programs Oversight Committee Member. These persons may also be subject, under certain circumstances, to the disqualification provisions of the Political Reform Act of 1974 (Gov. Code §81000 et seq.). The substantive requirements of the Conflict of Interest Code remain unchanged.
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 amendments to the Code.
Attachments
Conflict of Interest Code for the SCAQMD
A. Designated Positions (Clean/Strike-Out)
B. Disclosure Categories
CONFLICT OF INTEREST CODE FOR THE
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT
The Political Reform Act, Government Code Sections 81000, et. seq., requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation, 2 Cal. Code of Regs. Section 18730, which contains the terms of a standard conflict of interest code, which can be incorporated by reference, and which may be amended by the Fair Political Practices Commission to conform to amendments to the Political Reform Act after public notice and hearings. Therefore, the terms of 2 Cal. Code Regs. Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission, along with Attachments “A” and “B” in which officials and employees are designated and disclosure categories are set forth, are hereby incorporated by reference and constitute the conflict of interest code of the South Coast Air Quality Management District.
Designated employees shall file their statements of economic interests with the South Coast Air Quality Management District. Upon receipt of the statements of the SCAQMD Board Members and Executive Officer, the District shall make and retain copies and forward the originals to the Fair Political Practices Commission. Statements of all other designated employees shall be retained with the District and made available for public inspection and reproduction upon request. (Gov. Code Section 81008.)
ATTACHMENT “A”
Designated Positions
| Position |
Reportable Economic |
| Affirmative Action Officer | 2 |
| Air Quality Analysis & Compliance Supervisor | 2, 3 |
| Atmospheric Measurements Manager | 2, 3 |
| Board Member Consultant (Employee) | 1 |
| Board Member Consultant (Independent Contractor) | 1 |
| Building Maintenance Manager | 2 |
| Business Services Manager | 2 |
| Clean Fuels Officer | 2, 3 |
| Clerk of the Boards | 2, 3 |
| Community Relations Manager | 2, 3 |
| Computer Services Manager | 2, 3 |
| Consultants (General)* | 1 |
| Consultants (Source Testing) | 1 |
| Controller | 1 |
| Designated Deputy | 1 |
| Designated Deputy - Legal | 1 |
| Deputy District Counsel I | 1 |
| Deputy District Counsel II | 1 |
| Environmental Technology Assessment Manager | 1 |
| Executive Officer | 1 |
| Financial Services Manager | 1 |
| Governing Board Assistant | 1 |
| Graphic Arts Manager | 2 |
| Health Effects Officer | 1 |
| Human Resources Manager | 2 |
| Investigator | 3 |
| Investigations Manager | 1 |
| Manager of Organizational and Human Resources Development | 2 |
| Mobile Source Air Pollution Reduction Review Committee Member | 1 |
| Mobile Source Air Pollution Reduction Review Committee Member Alternate | 1 |
| Planning & Rules Manager | 1 |
| Principal Deputy District Counsel | 1 |
| Procurement Manager | 1 |
| Program Supervisor | 1 |
| Public Affairs Manager | 2, 3 |
| Public Benefits Programs Oversight Committee Member | 2 |
| Purchasing Assistant | 2 |
| Purchasing Manager | 2 |
| Purchasing Supervisor | 2 |
| Quality Assurance Manager | 2 |
| Resource Planning Manager | 2 |
| Risk Manager | 2 |
| SCAQMD Board Member | 1 |
| SCAQMD Hearing Board Member | 1 |
| SCAQMD Hearing Board Member Alternate | 1 |
| Senior Air Quality Engineer | 3 |
| Senior Air Quality Engineering Manager | 1 |
| Senior Deputy District Counsel | 1 |
| Senior Enforcement Manager | 1 |
| Senior Public Affairs Manager | 1 |
| Senior Public Information Specialist | 1 |
| Senior Staff Specialist | 1 |
| Source Testing and Monitoring Manager | 1 |
| Staff Specialist | 2, 3 |
| Supervising Air Quality Engineer | 1 |
| Supervising Investigator | 3 |
| Systems & Programming Manager | 1 |
| Technical Advisory Committee of the Mobile Source Air Pollution Reduction Review Committee |
1 |
| Technical Advisory Committee of the Mobile Source Air Pollution Reduction Review Committee Alternate |
1 |
| Technology Implementation Manager | 1 |
| Transportation Programs Manager | 1 |
| Telecommunications Manager | 2 |
* Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitations:
The Executive Officer or his or her designee may determine in writing that a particular consultant, although a “designated position,” is hired to perform a range of duties that are limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant’s duties and, based on that description, a statement of the extent of the disclosure requirements. The Executive Officer or his or her designee’s determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code.
ATTACHMENT “A” (Strikeout)
Designated Positions
| Position |
Reportable Economic |
| Affirmative Action Officer | 2 |
| Air Quality Analysis & Compliance Supervisor | 2, 3 |
| Atmospheric Measurements Manager | 2, 3 |
| Board Member Consultant (Employee) | 1 |
| Board Member Consultant (Independent Contractor) | 1 |
| Building Maintenance Manager | 2 |
| Business Services Manager | 2 |
| Clean Fuels Officer | 2, 3 |
| Clerk of the Boards | 2, 3 |
| Community Relations Manager | 2, 3 |
| Computer Services Manager | 2, 3 |
| Consultants (General)** | 1 |
| Consultants (Source Testing) | 1 |
| Controller | 1 |
| Designated Deputy | 1 |
| Designated Deputy - Legal | 1 |
| Deputy District Counsel I | 1 |
| Deputy District Counsel II | 1 |
| Environmental Technology Assessment Manager | 1 |
| Executive Officer | 1 |
| Financial Services Manager | 1 |
| Governing Board Assistant* | 1 |
| Graphic Arts Manager | 2 |
| Health Effects Officer | 1 |
| Human Resources Manager | 2 |
| Investigator | 3 |
| Investigations Manager | 1 |
| Manager of Organizational and Human Resources Development | 2 |
| Mobile Source Air Pollution Reduction Review Committee Member | 1 |
| Mobile Source Air Pollution Reduction Review Committee Member Alternate | 1 |
| Planning & Rules Manager | 1 |
| Principal Deputy District Counsel | 1 |
| Procurement Manager | 1 |
| Program Supervisor | 1 |
| Public Affairs Manager | 2, 3 |
| Public Benefits Programs Oversight Committee Member* | 2 |
| Purchasing Assistant | 2 |
| Purchasing Manager | 2 |
| Purchasing Supervisor | 2 |
| Quality Assurance Manager | 2 |
| Resource Planning Manager | 2 |
| Risk Manager | 2 |
| SCAQMD Board Member | 1 |
| SCAQMD Hearing Board Member | 1 |
| SCAQMD Hearing Board Member Alternate | 1 |
| Senior Air Quality Engineer | 3 |
| Senior Air Quality Engineering Manager | 1 |
| Senior Deputy District Counsel | 1 |
| Senior Enforcement Manager | 1 |
| Senior Public Affairs Manager | 1 |
| Senior Public Information Specialist | 1 |
| Senior Staff Specialist | 1 |
| Source Testing and Monitoring Manager | 1 |
| Staff Specialist | 2, 3 |
| Supervising Air Quality Engineer | 1 |
| Supervising Investigator | 3 |
| Systems & Programming Manager | 1 |
| Technical Advisory Committee of the Mobile Source Air Pollution Reduction Review Committee |
1 |
| Technical Advisory Committee of the Mobile Source Air Pollution Reduction Review Committee Alternate |
1 |
| Technology Implementation Manager | 1 |
| Transportation Programs Manager | 1 |
| Telecommunications Manager | 2 |
* Added classification
** Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitations:
The Executive Officer or his or her designee may determine in writing that a particular consultant, although a “designated position,” is hired to perform a range of duties that are limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant’s duties and, based on that description, a statement of the extent of the disclosure requirements. The Executive Officer or his or her designee’s determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code.
ATTACHMENT “B”
Disclosure Categories
Category 1 - Officials and employees whose duties are broad:
Persons in this category shall disclose all interests in real property located in the AQMD’s jurisdiction, and shall also disclose all investments, business positions and income, which includes loans and travel payments from sources located or doing business in AQMD’s jurisdiction, as well as gifts from any source or intermediary.
Category 2 – Officials and employees whose duties involve contracting or purchasing:
Persons in this category shall disclose all investments, business positions, and sources of income, including gifts, loans and travel payments, from sources that provide goods, services, supplies, materials, vehicles, machinery or equipment of the type utilized by the AQMD.
Category 3 - Officials and employees whose duties involve regulatory activities:
Persons in this category shall disclose all investments, business positions, and income, including gifts, loans and travel payments, from sources that are subject to the regulatory, permit or licensing authority of the AQMD.