1991-02 Conflict of Interest
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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.
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E. Jane Po 1, Board Clerk
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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.
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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
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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.
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