ITEM:

CONSENT CALENDAR

 

4.

CONSIDER ADOPTION OF RESOLUTION NO. 2013-01 – AMEND MPWMD CONFLICT OF INTEREST CODE

 

Meeting Date:

January 30, 2013

Budgeted: 

 N/A

 

From:

David Stoldt,

Program/

N/A

 

General Manager

Line Item No.:

 

Prepared By:

Arlene Tavani

Cost Estimate:

N/A

 

General Counsel Review:  N/A

Committee Recommendation: N/A

CEQA Compliance:  N/A

 

SUMMARY:  The Political Reform Act requires every local government agency to review its Conflict of Interest Code biennially.  Each agency must submit to the Monterey County Board of Supervisors a notice indicating whether or not an amendment is necessary.  District Counsel reviewed the MPWMD Conflict of Interest Code, last amended in December 2006, and determined that it would be appropriate to amend the code by adding the positions of Water Demand Manager, District Engineer and Water Resources Manager to the list of Designated Positions under Disclosure Category 1.  Attached as Exhibit 4-A is Resolution No. 2013-01 that, if adopted, will amend the MPWMD Conflict of Interest Code as described above.

 

RECOMMENDATION:  The Board should adopt Resolution No. 2013-01 (attached as Exhibit 4-A) that would amend the MPWMD Conflict of Interest Code by expanding the list of Designated Positions under Disclosure Category 1 to include Water Demand Manager, District Engineer and Water Resources Manager.  

 

BACKGROUND:  In early November 2012, the Monterey County Clerk advised the District that it had not received a response to an April 2012 letter requesting biennial review of the MPWMD Conflict of Interest Code.   Staff found no record of receipt of the April letter, and therefore proceeded to forward the Conflict of Interest Code to District Council for review. District Council determined that division managers should be added to the list of Designated Positions under Disclosure Category 1.

 

Guidance provided by the Monterey County Clerk describes Designated Positions as those that, “advise or make recommendations to the decision-maker by conducting research or an investigation, preparing or presenting a report, analysis or opinion that requires the exercise of judgment on the part of the employee and the employee is attempting to influence the decision.”  General Manager Stoldt agreed with District Council that the employee positions identified meet the criteria for Designated Positions.    

 

Upon adoption, the revised Conflict of Interest Code will be forwarded immediately to the County of Monterey.

 

EXHIBIT

4-A      Resolution No. 2013-01                                  U:\staff\Boardpacket\2013\20130130\ConsentCal\04\item4.docx