HomeMy WebLinkAboutFD 2020-018 - Resolution RESOLUTION NO. FD2020-018
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
AMENDING APPENDIX I AND II, TO ACCOUNT FOR THE ADDITION OF A
POSITION LISTED UNDER "DESIGNATED POSITIONS" AND INCLUDING
DISCLOSURE CATEGORIES FOR DESIGNATED CONSULTANTS, 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 16-032; 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, notice of the time and place of a public meeting on, and consideration by the City
Council of, the proposed amended Conflict of Interest Code was provided to each designated
position;
WHEREAS, a public meeting was held upon the proposed amended Conflict of Interest
Code at a regular meeting of the Fire Protection District on September 16, 2020, at which all
present were given an opportunity to be heard on the proposed amended Conflict of Interest
Code;
Resolution No. FD2020-018 - Page 1 of 7
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.
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 I and II.
Resolution No. FD2020-018 - Page 2 of 7
PASSED, APPROVED AND ADOPTED this 16th day of September, 2020.
4A'r;)��Den Michael, lbresidl
ATTEST:
J ice C. Reynolds, C rk
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 Regular Meeting of
said Board held on the 161h day of September 2020.
AYES: Hutchison, Kennedy, Michael, Scott, Spagnolo
NOES: None
ABSENT: None
ABSTAINED: None
Executed this 17th day of September, 2020, at Rancho Cucamonga, California.
J64ce C. Reynolds, Clerk
Resolution No. FD2020-018 - Page 3 of 7
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. FD2020-018 - Page 4 of 7
APPENDIX "I"
DESIGNATED POSITIONS
Disclosure
Designated Position Categories
Board of Directors ......................................................................... 1, 2, 3, 4
BattalionChief ................................................................................ 1, 2, 3, 4
BusinessManager...............................................................1, 2, 3, 4
DeputyChief ................................................................................... 1, 2, 3, 4
FireChief ........................................................................................ 1, 2, 3, 4
FireMarshal .................................................................................... 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. FD2020-018 - Page 5 of 7
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 C)
4. Reportable gifts and travel gifts. (Form 700, Schedules D and E)
Resolution No. FD2020-018 - Page 6 of 7
5. Designated Consultants' Disclosure Requirements
Consultants who make (not just All reportable interests in real
recommend) governmental property in the jurisdiction;
decisions, such as whether to reportable income and business
approve a rate, rule, or regulation, positions; reportable investments;
whether to issue, deny, suspend, or and reportable gifts, unless the
revoke any permit, license, City Manager determines in
application, certificate or similar writing that a particular consultant
authorization, adopt or grant City is hired to perform a range of
approval to a plan, design, report, duties that is limited in scope and
study, or adopt or grant City thus is not required to fully comply
approval of policies, standards, or with the disclosure requirements
guidelines for the City or any described in the section.2
subdivision thereof.
Consultants who serve in a Disclosure required at the same
staff capacity with the City, and level as a comparable designated
in that capacity participate in position in the same or similar
making a governmental decision City Department identified
by providing information, an elsewhere in this Code.
opinion, or a recommendation for
the purpose of affecting the
decision without significant
intervening substantive review.
Consultants who perform the Disclosure required at the same
same or substantially all the level as the comparable
same duties for the City that designated position identified
would otherwise be performed by elsewhere in this Code.
an individual holding a designated
position in the City's Conflict of
Interest Code.
Not all outside contractors meet the consultant definition in FPPC Regulation
18700.3, as described above. Form 805, Agency Report of Consultants, will be
used by the Department Director to determine disclosure requirements.
When the consultant is a corporation or partnership, only individuals who fit into one of the three
categories of"Designated Consultants" must file disclosure statements.
2 If the City Manager determines in writing that a particular consultant is not required to fully comply with
the requisite disclosure requirements, then 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 City Manager'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.
Resolution No. FD2020-018 - Page 7 of 7