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1991-02 Conflict of Interest 8 :8 8 ORDINANCE 91-02 AN ORDINANCE OF THE ENCINITAS SANITARY DISTRICT ADOPTING A CONFLICT OF INTEREST CODE The Board of Directors of the Encini tas Sanitary District does. ordain as follows: SECTION ONE: That the Conflict of Interest Code be adopted to read as follows: . SEE ATTACHMENT A SECTION TWO: This ordinance was introduced on May 21 , 1991. PASSED AND ADOPTED on the 25th day of 199-1--, by the following vote, to wit: June AYES: Davis, Hano, Omsted, Slater, Wiegand NAYS: None ABSTAIN: None ABSENT: None Maura Wiegand, President of the Boård of irectors of the ENCINITAS SANITARY DISTRICT ATTESTATION AND CERTIFICATE: This ordinance was. published pursuant to law. ~6 ~;~ , f:&p~ E. Jane Po 1, Board Clerk Book' / ~ .... I.. (,/ . . . ATTACHMENT A TO ORDINANCE 91-0 CONFLICT OF INTEREST CODE ADDlication. A. Pursuant to the provisions of Gove ent Code Section 89100 et seq., (Political Reform Act of 1974, 'Act" herein), the Encinitas Sanitary District adopts this Ordina ce applicable to desiqnated public officials of the Encinitas S nitary District. B. This Ordinance shall be known as he Interest Code" of the Encinitas Sanitary Distri t. C. Nothing in this Ordinance is inten ed to modify or abridge the provisions of Article I, Chapte 7 of the Act commencing with Section 87100 which is applica Ie to all public officials of the District and directs that no p lie official of the District shall make, participate in the mak'ng or in any way attempt to use their official position to inf uence a District decision in which the official knows, or has re son to know, that he or she has a financial interest as defined b the Act. "Conflict of D. Nothing in this Ordinance is inten ed to modify or abridqe the provisions of Article II, Chapt r 7 of the Act commencing at Section 87200 which requires the P esident, members of the Board, District Manager, Board At orney, District Treasurers, and other public officials wh manaqe public investments to file a financial disclosure sta ement using Form 721. E. This Ordinance intends to designa e those public officials of the District who are involved in D strict decisions . and require those designated officials to disclos those financial interests (usinq Form 730) which could foreseeabl be affected, in a material manner, by a District decision made b the official in the performance of the official's responsibiliti s. Definitions. Unless otherwise indicated, t e definitions of the Act, regulations and amendments thereto and binding judicial opinions thereon are incorporated herein and thi ordinance shall be interpreted in a manner consistent therewith. standard Code. A. By this reference, 2 Cal. Adm. Code S ction 18730, the standard Conflict of Interest Code, is incorporate herein toqether with each and every amendment thereto. B. The filing officer shall maintain thr e copies of the standard Conflict of Interest Code for the publi review. 80011 , -....,(,2-. . . . 05-90 2.12.040 Filina Officer. The Board Clerk is the fil ng officer of the Encinitas Sanitary District. Disclosure Cateaories. A. Cateqory I (All Inclusive). Persons 0 cupying pòsitions desiqnated by this Ordinance as cateqory I positi ns shall disclose all financial interests called for by Form 73 in Schedules A throuqh H. B. Cateqory II (Decisions Regardinq Real P operty). Persons occupyinq positions desiqnated by this Ordinan e as Cateqory II positions shall.disclose all financial interests aIled for by Form 730 in Schedules B through H. C. Category III (Decisions Regarding Busi esses). Persons occupying positions designated by this Ordinanc as Category III positions shall disclose all financial interests aIled for by Form 730 in Schedules A and D through H. DeDartment Positions. The following ar the desiqnated positions within District departments together ith the required disclosure cateqory: Position Cateaory Cateaory A. B. C. D. E. F. G. H. Board Members District Manager Assistant District Board Counsel District Engineer Finance Officer utilities Planner Board Clerk Manager I I I I I III III III "Consultant" shall include any natural pers n who provides, under contract, information, advice, recommendati n, or counsel to a state or local government agency, provided however, that "consultant" shall not include a person who: A. Conducts research and arrives at conclus'ons with respect to his or her rendition of information, advice, r commendation, or counsel independent of the control and direction of the agency or counselor of any aqency official, other than normal contract monitoring¡ and 80011 , ... I t,.3 '... , . . . 05-90 2.12.080 B. Possesses no authority with respect to any agency decision beyond the rendition of information, advice, recommendation, or counsel. C. The Disclosure Category to be determined on a case-by- case basis based upon the definitions in Sec. 2.12.050. Book , / tr . ,...,