ITEM:

ACTION ITEMS

 

3.

CONSIDER ADOPTION OF RESOLUTION NO. 2009-05 ESTABLISHING GUIDELINES FOR DIRECT RECEIPT OF PAYMENT FROM NON-DISTRICT FUNDS FOR TRAVEL AND RELATED EXPENSES

 

Meeting Date:

June 1, 2009

Budgeted: 

N/A

 

From:

Darby Fuerst,

Program/

N/A

 

General Manager

Line Item No.:

 

Prepared By:

David Laredo,

Cost Estimate:

N/A

 

District Counsel

 

 

 

General Counsel Approval:  N/A

Committee Recommendation:  The Administrative Committee reviewed this item on April 14, 2009, and requested that it be deferred to the May 13, 2009 meeting for additional discussion.  On May 13, the Administrative Committee recommended that the item be brought to the full Board for consideration at the June budget workshop or another future Board meeting.

CEQA Compliance:  N/A

 

SUMMARY:  The draft resolution (Exhibit 3-A) would clarify circumstances under which District officials are to report receipt of travel and related expenses under requirements set by the Fair Political Practices Commission (FPPC).

 

RECOMMENDATION:  Review and adopt the draft resolution. 

 

BACKGROUND:  Select public officials, including Board members, senior staff and legal counsel, have economic interest reporting requirements set by the FPPC.  Those requirements impose an obligation upon affected persons to report receipt of direct payment received from non-District funds for travel-related expenses, including lodging and meals, on Schedule F of FPPC Form 700.

 

At the same time, public officials are not required to file reports for travel payments and related expenses when those are received from the government agency for which an individual public official renders service.

 

The determination as to which persons should engage in such travel would be solely determined by the Board as a whole, the Board Chairperson, and/or the General Manager.

 

The draft resolution would clarify this circumstance and make it clear that District officials receiving direct payment from non-District funds for travel and related expenses, including lodging and meals, are required to report receipt in accord with the requirements set by the FPPC for Schedule F of FPPC Form 700.

 

The draft resolution also recognizes that District officials do not have a separate reporting requirement when travel is undertaken as a part of their official duty.

 

Adoption of this resolution may clarify circumstances under which policy makers may have to recuse themselves from participating in decisions that come before the Board.

 

IMPACT TO DISTRICT STAFF/RESOURCES:  None.

 

EXHIBIT

3-A      Draft Resolution No. 2009-05

 

 

 

 

 

 

 

 

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