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9270-E(1) AR Administrative Regulation

Conflict Of Interest

RESOLUTION ADOPTING A CONFLICT OF INTEREST CODE WHEREAS, the Political Reform Act, Government Code 87300-87313, requires each public agency in California to adopt a conflict of interest code; and WHEREAS, the Board of Trustees of the Redwood City School District ("District") has previously adopted a local conflict of interest code currently incorporated as an Exhibit to Board Policy No. 9270; and WHEREAS, past and future amendments to the Political Reform Act and implementing regulations may require conforming amendments to be made to the District's Conflict of Interest Code; and WHEREAS, a regulation adopted by the Fair Political Practices Commission, (Cal. Code of Regs., tit. 2, §18730) provides that incorporation by reference of the terms of that regulation, along with an agency-specific appendix designating positions and disclosure categories, shall constitute the adoption and amendment of a Conflict of Interest Code in conformance with Government Code 87300 and 87306; and WHEREAS, the District has recently reviewed its positions and the duties of each position, and has determined that changes to the current Conflict of Interest Code are necessary to align current disclosure practices to the Conflict of Interest Code and make other amendments to the Code consistent with applicable law; and WHEREAS, any earlier resolutions, bylaws, and/or exhibits containing the District's Conflict of Interest Code shall be rescinded and superseded by this Resolution and the attached Conflict Code. NOW THEREFORE BE IT RESOLVED that the Redwood City School District Board of Trustees adopts the Conflict of Interest Code attached hereto as Exhibit A. Staff is hereby directed to file the Conflict of Interest Code with the County of San Mateo and post the updated Conflict of Interest Code with the District's Board Policies. PASSED AND ADOPTED THIS 24th day of August, 2022, by the following vote: AYES:______ NOES:______ ABSENT:______ Attest: _____________________________________________ Secretary/President Conflict of Interest Code of the Redwood City School District The Political Reform Act of 1974 (Government Code section 81000 et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation, section 18730 of Title 2 of the California Code of Regulations, which contains the terms of a standard conflict of interest code that can be incorporated by reference in an agency's code. After public notice and hearing, the Fair Political Practices Commission may amend the standard code to conform to amendments of the Political Reform Act. Therefore, the terms of section 18730 of title 2 of the California Code of Regulations and any amendments to it duly adopted by the Fair Political Practices Commission together with the attached Appendices designating positions and establishing disclosure categories are hereby incorporated by reference and together constitute the Conflict of Interest Code of the Redwood City School District. Individuals holding designated positions shall file their Form 700/Statement of Economic Interests with the Redwood City School District, which will make the statements available for public inspection and reproduction pursuant to Government Code section 81008. Upon receipt of the statements for the Superintendent and the Board of Trustees, the Agency shall make and retain copies and forward the original of the statements to the code reviewing body. Statements for these designated positions shall be retained by the Redwood City School District. APPENDIX Disclosure Categories - Category 1: A person designated Category 1 shall disclose: - Interests in real property located entirely or partly within district boundaries, or within two miles of district boundaries, or of any land owned or used by the district. - Investments or business positions in or income (which includes gifts, loans and travel payments) from sources which are engaged in the acquisition or disposal of real property within the district, are contractors or subcontractors which are or have been within the past two years engaged in work or services of the type used by the district, or manufacture or sell supplies, books, machinery, or equipment of the type used by the District. - Category 2: A person designated Category 2 shall disclose: - . Investments or business positions in or income (which includes gifts, loans and travel payments) from sources which are contractors or subcontractors engaged in work or services of the type used by the department which the designated person manages or directs. - Investments or business positions in or income from sources which manufacture or sell supplies, books, machinery, or equipment of the type used by the department which the designated person manages or directs. Designated Positions Note: Pursuant to Government Code §87200, any position identified as a position that has been determined to "manage public investments" should not be included in this table of Designated Positions/Disclosure Category, and instead, shall comply with the disclosure requirements of Government Code 87200. Currently, no such position at the District has been identified. Designated Position Disclosure Category Members, Board of Trustees 1 Superintendent 1 Deputy Superintendents 1 Assistant Superintendents 1 Chief Business Official 1 Directors 2 Disclosures for Consultants Consultants meeting the description below are designated employees who must disclose financial interests as determined on a case-by-case basis by the Superintendent or designee. The Superintendent or designee's written determination shall include a description of the consultant's duties and a statement of the extent of disclosure requirements based upon that description. All such determinations are public records and shall be retained for public inspection along with this Conflict of Interest code. A consultant is an individual who, pursuant to a contract with the District, makes a governmental decision whether to: - Approve a rate, rule, or regulation - Adopt or enforce a law - Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement - Authorize the district to enter into, modify, or renew a contract that requires district approval - Grant district approval to a contract that requires district approval and in which the district is a party, or to the specifications for such a contract - Grant district approval to a plan, design, report, study, or similar item - Adopt or grant district approval of district policies, standards, or guidelines (Cal. Code of Regs, tit. 2, §18700.3) A consultant is also an individual who, pursuant to a contract with the District, serves in a staff capacity with the District and in that capacity participates in making a governmental decision as defined in Cal. Code of Regs., tit. 2, §18704(a)-(b), or performs the same or substantially all the same duties for the District that would otherwise be performed by an individual holding a position specified in the District's Conflict of Interest Code (see Cal. Code Regs., tit. 2, §18700.3).

Legal & Management References

State
2 CCR 18110-18997 - Regulations of the Fair Political Practices Commission
2 CCR 18438.1-18438.8 - Campaign contribution-based conflicts of interest
2 CCR 18700-18760 - Conflicts of Interest
2 CCR 18722-18740 - Disclosure of interests
2 CCR 18753-18756 - Conflict of interest codes
2 CCR 18940.2 - Gift limit amount
Ed. Code 1006 - Prohibition against school district employees serving on county board of education
Ed. Code 35107 - School district employees
Ed. Code 35230-35240 - Corrupt practices
Ed. Code 35233 - Prohibitions applicable to members of governing boards
Ed. Code 41000-41003 - Moneys received by school districts
Ed. Code 41015 - Investments
Fam. Code 297.5 - Rights, protections, and benefits of registered domestic partners
Gov. Code 1090-1099 - Prohibitions applicable to specified officers
Gov. Code 1125-1129 - Incompatible activities
Gov. Code 53234-53235.2 - Ethics training
Gov. Code 81000-91014 - Political Reform Act
Gov. Code 82011 - Code reviewing body
Gov. Code 82019 - Definition; designated employee
Gov. Code 82028 - Definition; gift
Gov. Code 82030 - Definition; income
Gov. Code 82033 - Definition; interest in real property
Gov. Code 82034 - Definition; investment
Gov. Code 84308 - Campaign disclosure
Gov. Code 87100-87505 - Political Reform Act; conflict of interest
Gov. Code 89501-89503 - Honoraria and gifts
Gov. Code 89506 - Ethics; travel
Gov. Code 91000-91014 - Enforcement
Pub. Cont. Code 6102 - Bribery of public official; voidable contract
Rev. & Tax Code 203 - Taxable and exempt property - colleges
Management Resources
Attorney General Opinion - 105 Ops.Cal.Atty.Gen.69 (2022)
Attorney General Opinion - 63 Ops.Cal.Atty.Gen. 868 (1980)
Attorney General Opinion - 65 Ops.Cal.Atty.Gen. 606 (1982)
Attorney General Opinion - 68 Ops.Cal.Atty.Gen. 171 (1985)
Attorney General Opinion - 69 Ops.Cal.Atty.Gen. 255 (1986)
Attorney General Opinion - 80 Ops.Cal.Atty.Gen. 320 (1997)
Attorney General Opinion - 81 Ops.Cal.Atty.Gen. 327 (1998)
Attorney General Opinion - 82 Ops.Cal.Atty.Gen. 83 (1999)
Attorney General Opinion - 85 Ops.Cal.Atty.Gen. 60 (2002)
Attorney General Opinion - 86 Ops.Cal.Atty.Gen. 138(2003)
Attorney General Opinion - 89 Ops.Cal.Atty.Gen. 217 (2006)
Attorney General Opinion - 92 Ops.Cal.Atty.Gen. 19 (2009)
Attorney General Opinion - 92 Ops.Cal.Atty.Gen. 26 (2009)
Court Decision - Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261
Court Decision - Klistoff v. Superior Court (2007) 157 Cal.App.4th 469
Court Decision - Kunec v. Brea Redevelopment Agency (1997) 55 Cal.App.4th 511
Court Decision - McGee v. Balfour Beatty Construction, LLC, et al. (2016) 247 Cal. App. 4th 235
Court Decision - Thorpe v. Long Beach Community College District (2000) 83 Cal.App.4th 655
CSBA Publication - Conflict of Interest: Overview of Key Issues for Governing Board Members, Fact Sheet, July 2010
Fair Political Practices Commission Publication - Advice Letter: A-96-314 (December 18, 1996)
Fair Political Practices Commission Publication - Can I Vote? A Basic Overview of Public Officials' Obligations Under the Conflict-of-Interest Rules, 2005
Institute For Local Government Publication - Understanding the Basics of Public Service Ethics: Personal Financial Gain Laws, 2009
Institute for Local Government Publication - Understanding the Basics of Public Service Ethics: Transparency Laws, 2009
Website - CSBA District and County Office of Education Legal Services
Website - Institute for Local Government
Website - Fair Political Practices Commission
Website - CSBA

Cross References