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Conflict of Interest Code

The Political Reform Act, California Government Code sections 81000, et seq. (the “Act”), requires each state and local government agency to adopt and promulgate a conflict of interest code. The Fair Political Practices Commission has adopted a regulation (2 California Code of Regulations section 18730), that contains the terms of a standard conflict of interest code, which can be incorporated by reference into an agency’s code. After public notice and hearing Section 18730 may be amended by the Fair Political Practices Commission to conform to amendments to the Political Reform Act.  Therefore, the terms of 2 California Code of Regulations section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This incorporation page, Regulation 18730, and the attached Appendix designating positions and establishing disclosure categories, shall collectively constitute the Conflict of Interest Code (the “Code”) of the Local Agency Formation Commission of Santa Clara County (“LAFCO”)

All officials and designated positions shall file their statements of economic interests with the LAFCO Clerk, as LAFCO’s Filing Official. If a statement is received in signed paper format, the LAFCO Clerk shall make and retain a copy and forward the original of this statement to the filing officer, the County of Santa Clara Clerk of the Board of Supervisors.  If a statement is electronically filed using the County of Santa Clara’s Form 700 e-filing system, both the LAFCO Clerk and the County of Santa Clara Clerk of the Board of Supervisors will receive access to the e-filed statement simultaneously. The LAFCO Clerk will make all retained statements available for public inspection and reproduction during regular business hours (Gov. Code section 81008.)

 

Amended per County Counsel Notice dated June 27, 2014

Approved by the County of Santa Clara Board of Supervisors Date: October 21, 2014

EXHIBIT ‘A’

OFFICIALS WHO MANAGE PUBLIC INVESTMENTS

LAFCO Officials who manage public investments, as defined by 2 California Code of Regulations section 18701(b), are NOT subject to LAFCO’s Code, but must file disclosure statements under Government Code section 87200, et seq. (2 California Code Regulations. §18730(b)(3).) These positions are listed here for informational purposes only.

It has been determined that LAFCO currently has no officials who manage public investments.

Designated Positions Governed by the Conflict of Interest Code

DESIGNATED POSITIONS'

TITLE OR FUNCTION

DISCLOSURE CATEGORY ASSIGNED
Commissioner 1
Alternate Commissioner 1
Executive Officer 1
Assistant Executive Officer/Analyst 1
General Counsel 1
Consultant 2
Newly Created Position *

* Newly Created Positions

A newly created position that makes or participates in the making of decisions that may foreseeably have a material effect on any financial interest of the position-holder, and which specific position title is not yet listed in an agency’s conflict of interest code is included in the list of designated positions and shall disclose pursuant to the broadest disclosure category in the code, subject to the following limitation: The Executive Officer may determine in writing that a particular newly created position, 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 broadest disclosure requirements, but instead must comply with more tailored disclosure requirements specific to that newly created position.  Such written determination shall include a description of the newly created position's duties and, based upon that description, a statement of the extent of disclosure requirements.  The Executive Officer’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.  (Gov. Code Section 81008.)

As soon as the Commission has a newly created position that must file statements of economic interests, the Commission shall contact the County of Santa Clara Clerk of the Board of Supervisors Form 700 division to notify it of the new position title to be added in the County’s electronic Form 700 record management system, known as eDisclosure.  Upon this notification, the Clerk’s office shall enter the actual position title of the newly created position into eDisclosure and the Commission shall ensure that the name of any individual(s) holding the newly created position is entered under that position title in eDisclosure. 

Additionally, within 90 days of the creation of a newly created position that must file statements of economic interests, the Commission shall update this conflict-of-interest code to add the actual position title in its list of designated positions, and submit the amended conflict of interest code to the County of Santa Clara Office of the County Counsel for code-reviewing body approval by the County Board of Supervisors.  (Gov. Code Sec. 87306.)

EXHIBIT ‘B’

DISCLOUSURE CATEGORIES

The disclosure categories listed below identify the types of economic interests that the designated position must disclose for each disclosure category to which he or she is assigned.

Disclosure Category 1: (a) All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that are located in, that do business in, or own real property within the jurisdiction of LAFCO; and (b) All interests in real property which is located in whole or in part within, or not more than two miles outside, the jurisdiction of LAFCO, or of any land owned or used by LAFCO.

Disclosure Category 2:  Individuals serving as a consultant as defined in FPPC Reg 18701 must file under the broadest disclosure set forth in this Code subject to the following limitation: 

The Executive Officer may determine that, due to the range of duties or contractual obligations, it is more appropriate to designate a limited disclosure requirement.  A clear explanation of the duties and a statement of the extent of the disclosure requirements must be in a written document.  The Executive Officer’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.

Amended
June 27, 2014
Adopted
October 21, 2014
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