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2012/04/11 Successor Agency Oversight Board Resolution 2012-01 • i RESOLUTION NO. OSB 2012-01 A RESOLUTION OF THE OVERSIGHT BOARD FOR THE SUCCESSOR AGENCY CITY OF ROHNERT PARK ADOPTING A CONFLICT OF INTEREST CODE WHEREAS, the Political Reform Act, Government Code Section 81000, et seq., requires state and local government agencies to adopt and promulgate conflict of interest codes; WHEREAS, the Oversight Board for the Successor Agency City of Rohnert Park organized itself pursuant to Chapter 4(commencing with Section 34179)of Part 1.85 of Division 24 of the Health and Safety Code (the "Oversight Board"); and is subject to the requirements of the Political Reform Act; WHEREAS, the Fair Political Practices Commission has adopted a regulation, 2 California Code of Regulations, Section 18730, which contains the terms of a standard conflict of interest code; WHEREAS, this standard code may be incorporated by reference, and if the terms of the regulation are substituted for the terms of a conflict of interest code already in effect, the adopted regulation shall constitute an amendment of the conflict of interest code; WHEREAS, the Oversight Board desires to adopt a Conflict of Interest Code to comply with the Political Reform Act. NOW, THEREFORE, THE OVERSIGHT BOARD FOR THE SUCCESSOR AGENCY CITY OF ROHNERT PARK DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That all of the facts, findings and conclusions set forth above are true and correct. Section 2. Section 18730 of Title 2 of the California Code of Regulations, and any amendments to it duly adopted by the Fair Political Practices Commission, are hereby adopted and incorporated by reference as the Conflict of Interest Code for the Oversight Board of the Successor Agency City of Rohnert Park. This Regulation and Attachments A, B and C to this Resolution, in which members and employees are designated and disclosure categories are set forth and explained, shall constitute the Conflict of Interest Code of the Oversight Board for the Successor Agency City of Rohnert Park. Section 3. Members and employees designated in Attachment A hereto shall file statements of economic interests (Form 700) with the Chair of the Board pursuant to this Resolution. The Clerk of the Oversight Board shall retain a copy of all statements of economic interests and make them available for public inspection and reproduction. OAK #4847-9365-9663 vl 3/28/12 1 • • DULY AND REGULARLY ADOPTED this 11 th day of April, 2012. OVERSIGHT B04 '10 FOR THE SUCCESSOR AGENCY CI � R 1 HNERT PARK \-11011i4.4 • r Shirlee Zane ATTEST: Clerk of the Board Eydilel-Tacata AYES: 6 BOARDMEMBERS ZANE BABONIS JENKINS JOLLEY MACKENZIE THOMPSON NOES: 0 ABSENT: 1 BOARDMEMBER CALVERT ABSTAIN: 0 OAK 44847-9365-9663 vl 3/28/12 2 0 0 ATTACHMENT A DESIGNATED EMPLOYEES AND DISCLOSURE CATEGORIES The following positions are held by individuals involved in the making or participation in the making of decisions which may foreseeably have a material effect on financial interests: Designated Position Disclosure Categories Chair,Vice-Chair and Oversight Board Members 1, 2,3 Consultant` 1 General Counsel .1 *See Attachment B for explanation of Consultant filing. OAR #4847-9365-9663 vl 3/28/12 4110 S ATTACHMENT B CONSULTANTS 2 Cal. Code of Regulations Section 18701 (b) defines "consultant" as an individual who, pursuant to a contract with a state or local government agency: (A) Makes a governmental decision whether to: (i) Approve a rate,rule, or regulation; (ii) Adopt or enforce a law; (iii) Issue, deny, suspend, or revoke any permit license, application, certificate,approval,order,or similar authorization or entitlement; (iv) Authorize the agency/Board to enter into, modify, or renew a contract provided it is the type of contract which requires agency/Board approval; (v) Grant agency/Board approval to a contract which requires agency approval and in which the agency is a party or to the specifications for such a contract; (vi) Grant agency/Board approval to a plan, design, report, study, or similar item; (vii) Adopt, or grant agency/Board approval of policies, standards, or guidelines for the agency/Board,or for any subdivision thereof;or (B) Serves in a staff capacity with the agency/Board and in that capacity performs the same or substantially all the same duties for the agency that would otherwise be performed by an individual holding a position specified in the agency's/Board's Conflict of Interest Code. Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation: The Chair or his/her designated representative, may determine in writing that a particular consultant, although a"designated position," 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 described in the section. Such written determination shall include a description of the consultant's duties and, based upon the description, a statement of the extent of disclosure requirements. The Chair'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. OAK 44847-9365-9663 vl 3/28/12 • I ATTACHMENT C CATEGORIES OF REPORTABLE ECONOMIC INTERESTS Designated Persons in Category "1" Must Report: All investments, interests in real property, income,and any business entity in which the person is a director, officer, partner, trustee, employee, or holds any position of management. These financial interests are reportable only if located within and subject to the jurisdiction of the Oversight Board (which is the same jurisdiction as the former Community Development Commission of the City of Rohnert Park) or if the business entity is doing business or planning to do business in an area subject to the jurisdiction of the Oversight Board,or has done business within an area subject to the jurisdiction of the Oversight Board at any time during the two(2)years prior to the filing of the statement. Designated Persons in Category"2" Must Report: All investments and business positions in business entities and income from sources that provide materials,equipment or services of the type used by the Oversight Board. Designated Persons in Category "3" Must Report: Investments,business positions,and sources of income of the type which: (1) engage in land development,construction or the acquisition or sale of real property; and (2) have interests in real property located within the jurisdiction of the Oversight Board, including property located within a two mile radius of any property owned or used by the City of Rohnert Park, as successor agency of the former Community Development Commission of the City of Rohnert Park. OAK #4847-9365-9663 vl 3/28/12