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HomeMy WebLinkAbout16-032 - ResolutionsRESOLUTION NO. FD16-032 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ADOPTING, AFFIRMING, AND INCORPORATING BY REFERENCE THE STANDARD CONFLICT OF INTEREST PROVISIONS OF CALIFORNIA CODE OF REGULATIONS TITLE 2, SECTION 18730 AND ADOPTING AMENDED AND UPDATED APPENDIX II TO THE CONFLICT OF INTEREST CODE OF THE FIRE PROTECTION DISTRICT WHEREAS, pursuant to the requirements of the California Political Reform Act (the "Act"), Section 81000 of the California Government Code, governmental agencies must adopt Conflict of Interest Codes applicable to every officer, employee, member or consultant of the agency whose position entails the making or participating in the making of decisions that may foreseeably have a material financial effect on any financial interest, and which code requires such designated employees to disclose and disqualify themselves from making, participating in, or attempting to influence such decisions; and WHEREAS, the Fire Protection District has previously adopted the terms of California Code of Regulations Title 2, Section 18730, the Conflict of Interest Code terms promulgated by the Fair Political Practices Commission ("FPPC") by Fire District Resolution No. FD 90-028C; and WHEREAS, the Fire Protection District of the City of Rancho Cucamonga, as the Code Reviewing body under the Act, adopts, affirms and incorporates by reference the standard Conflict of Interest Code set forth in California Code of Regulations Title 2, Section 18730 and any amendments to it duly adopted by the FPPC; and WHEREAS, the standard Conflict of Interest Code set forth in California Code of Regulations Title 2, Section 18730 and any amendments to it duly adopted by the FPPC, along with Appendix "I", and Appendix "II" setting forth amended disclosure categories, does constitute the Conflict of Interest Code for the Fire Protection District; and WHEREAS, subsequent changed circumstances have made it advisable and necessary pursuant to Section 87306 and 87307 of the Act to amend and update the Fire Protection District's Conflict of Interest Code; and WHEREAS, a public meeting was held upon the proposed amended Conflict of Interest Code at a special meeting of the Fire Protection District on December 15, 2016, at which all present were given an opportunity to be heard on the proposed amended Conflict of Interest Code; NOW, THEREFORE, BE IT RESOLVED by the Fire Protection District of the City of Rancho Cucamonga, California, as follows: 1. The standard Conflict of Interest Code set forth in California Code of Regulations Title 2, Section 18730 and any amendments to it duly adopted by the FPPC is hereby incorporated by reference. 2. The list of designated positions subject to the requirements of the Conflict of Interest Code are set forth in Appendix I and the disclosure categories are set forth in Appendix II. Resolution No. FD16-032 Page 1 of 6 3. The standard Conflict of Interest Code set forth in California Code of Regulations Title 2, Section 18730 and any amendments to it duly adopted by the FPPC and the Appendices I and II constitute the Conflict of Interest Code for the Fire Protection District. 4. The Fire Protection District does hereby adopt the attached Conflict of Interest Code (Exhibit A) and it's amended Appendix II. Resolution No. FD16-032 Page 2 of 6 PASSED, APPROVED, AND ADOPTED by the Fire Protection District of the City of Rancho Cucamonga at its special meeting held on the 15th day of December 2016. AYES: Alexander, Kennedy, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None ATTEST: Jan c: C. Reynolds, Secreta y Michael, Pre ident I, JANICE C. REYNOLDS, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a Special Meeting of said Board held on the 15th day of December 2016. Executed this 15th day of December 2016 at Rancho Cucamonga, California. a.X., (6", ce C. Reynolds, Secretary Resolution No. FD16-032 Page 3 of 6 EXHIBIT "A" RANCHO CUCAMONGA FIRE PROTECTION DISTRICT CONFLICT OF INTEREST CODE The Political Reform Act (Government Code Section 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 (California Code of Regulations, Title 2, Section 18730) that contains the terms of a standard conflict of interest code, which can be incorporated by reference in an agency's code. After public notice and hearing, the standard code may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of California Code of Regulations, Title 2, Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendices, designating positions and establishing disclosure categories, shall constitute the Conflict of Interest Code of the Rancho Cucamonga Fire Protection District. Individuals holding designated positions shall file their statements of economic interests with the Secretary of the Rancho Cucamonga Fire Protection District, which will make the statements available for public inspection and reproduction (Gov. Code Sec. 81008). All statements will be retained by the Secretary. Resolution No. FD16-032 Page 4 of 6 APPENDIX "I" DESIGNATED POSITIONS Disclosure Designated Position Categories Board of Directors 1, 2, 3, 4 Battalion Chief 1, 2, 3, 4 Deputy Chief 1, 2, 3, 4 Fire Chief 1, 2, 3, 4 Fire Marshal 1, 2, 3, 4 Consultants 5 *Note - The Board of Directors may file a copy of the Disclosure Statement required of them as Members of the City Council, signed and verified as if it were an original, in lieu of filing a statement hereunder. (2 California Code of Regulations, Section 18730). Resolution No. FD16-032 Page5of6 APPENDIX "II" DISCLOSURE CATEGORIES 1. Reportable interests in real property in the jurisdiction. (Form 700, Schedule B.) 2. Reportable investments in business and entities that provide, plan to provide or have provided within two years from the time a statement is required under this conflict of interest code, services, supplies, materials or equipment of the type utilized by the Rancho Cucamonga Fire Protection District. (Form 700, Schedules A-1 and A-2.) 3. Reportable income from persons or business entities, and reportable business positions in business entities, that provide, plan to provide or have provided within two years from the time a statement is required under this conflict of interest code, services, supplies, materials or equipment of the type utilized by the Rancho Cucamonga Fire Protection District. (Form 700, Schedules A-2 and C.) 4. Reportable gifts and travel gifts. (Form 700, Schedules D and E.) 5. For consultants who serve in a staff capacity with the Rancho Cucamonga Fire Protection District, the consultant shall disclose based on the disclosure categories assigned elsewhere in this code for that staff position. For consultants who do not serve in a staff capacity, the following disclosure categories shall be used. Persons required to disclose in this category shall disclose pursuant to categories A, B, and C below unless the Fire Chief determines in writing that a particular consultant is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in categories A, B, and C. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The Fire Chiefs determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. A. Reportable investments. (FPPC Form 700, Schedules A-1 and A-2.) B. Reportable interests in real property in the jurisdiction. (FPPC Form 700, Schedule B.) C. Reportable income and business positions. (FPPC Form 700, Schedules A-2 and C.) D. Reportable gifts and travel gifts. (FPPC Form 700, Schedules D and E.) Resolution No. FD16-032 Page 6 of 6