office e of the district clerk - microsoft...v y san diego unified port district document no.. 5ool....

V y San Diego Unified Port District

Document No.. 5 o o l . /

CONFLICT OF INTEREST CODE Office

OF THE

SAN DIEGO UNIFIED PORT DISTRICT

Filed. A I ) f i 07 ' ?0Q8— Office of the District ClerK

The Political Reform Act, Government Code Sections 81000, et

seq., requires State and local government agencies to adopt and promulgate

Conflict of Interest Codes. The Fair Political Practices Commission has adopted

2 Cal. Adm. Code Section 18730, which contains the standard model Conflict of

Interest Code, which can be incorporated by reference, and which may be

amended by the Fair Political Practices Commission to conform to amendments

in the Political Reform Act after public notice and hearings. Therefore, the

provisions of 2 Cal. Adm. Code Section 18730 and any amendments to it duly

adopted by the Fair Political Practices Commission along with the attached

Appendix A, in which officials and employees are designated, and Appendix B

and Appendix C, in which disclosure categories are set forth, are hereby

incorporated by reference and constitute the Conflict of Interest Code of the San

Diego Unified Port District. Designated employees listed in Appendix A of the

Conflict of Interest Code of San Diego Unified Port District shall disclose those

financial interests which are within the categories represented by the numbers

following the listed position as described in Appendix B and Appendix C.

Designated employees shall file Statements of Economic Interests pursuant to 2

Cal. Adm. Code Section 18730 and this Code.

San Diego Unified Port District

Conflict of Interest Code

Appendix A

List of Designated Employees

Class No. Class Title Assigned Disclosure Categories

B243-CN03 B254-CE03

B300-CE03 B821-UE03 B279-UE03

B230-CN03 A2016-UE03 A2004-UE03 A2200-UE03 A2000-UE03

A2017-UE03 A2002-UE03 A2030-UE03 A2010-UE03 A2012-UE03 A2021-UE03

\A2003-UE03 A2020-UE04 A2007-UE03 A2025-UE03

A2001-UE03

A2024-UE03 B315-CN03 B646-UE03 A1010-UE03 B263-CN03 B320-CN03 B205-CE03 B310-CN03 B306-CN03

Accountant Accounting Supervisor

Architect Area Real Estate Manager Asset Manager

Assistant Asset Manager Assistant Director, Community Services Assistant Director, Engineering Support Team Assistant Director, Engineering-Maritime Project Team Assistant Director, Engineering-Real Estate Project Team

Assistant Director, Environmental Services Assistant Director, Financial Services Assistant Director, General Services Administration Assistant Director, General Services Operations & Maintenance Assistant Director, Human Resources Assistant Director, Information Technology Assistant Director, Marine Operations Assistant Director, Maritime Properties Assistant Director, Planning Assistant Director, Purchasing

Assistant Director, Real Estate

Assistant Director, Valuation Services Assistant Environmental Specialist Assistant Manager, Architectural & Mapping Services Assistant Port Attorney Assistant Procurement Analyst Assistant Redevelopment Planner Associate Engineer Associate Environmental Specialist Associate Redevelopment Planner

IV IV

VII

III

III 1

1

Page 1 of 6

53S17 ^



Appendix A



B240-UE03 B246-UE03

B600-UE03 B150-UE03 F693-CNR07

B843-UE08 B232-UE03 B225-UE03 B215-UE03 B214-UE03 A1201-UE03 A1150-UE03 A1500-UE03

B501-CN03 B502-UE08 B619-UE07 B809-UE03 B810-UE08 B660-UE03

B655-UE03

A2043-UE03 A1155-UE03

A1125-UE03 A1370-UE03 A1391-UE03 A1230-UE05 A1950-UE03 A1450-UE03

Audit Committee Auditor

Benefit Analyst Benefits Manager Budget Administrator

Building Maintenance Coordinator Business Intelligence Supervisor Business Systems Analyst Business Systems Supervisor Capital Project Manager 1 Capital Project Manager II Chief Engineer Chief Financial Officer/Treasurer Chief of Harbor Police

Consultants Contracts Administrator Contracts Supervisor Database Administrator Department Administrative Manager Department Business Manager

Deputy District Clerk/Docket Coordinator Deputy District Clerk/Document Management Supervisor

Deputy Port Attorney I/I I/I II Deputy Treasurer

Director, Audit & Risk Management & Safety Director, Communications & Govern mental Affairs Director, Contracts & Quality Assurance Director, Engineering - Construction Director, Environmental Services Director, Equal Opportunity Management

1 1

VI

VI II

II VII VII VII 1 1 1 1 1

Appendix C III III

VII II II 1 1 1 1

1 1 1 1 1 II

Page 2 of 6

53S17 3



Appendix A



A1350-UE03 A1396-UE03

A1400-UE03 A1900-UE03 A1700-UE05 A1288-UE03 A1393-UE03 A1600-UE06 A1825-UE03

A1225-UE03 A1365-UE03

A1412-UE03 B308-CE03 B234-UE03 A1000-UE03 A1165-UE03 B623-UE05 B135-UN03

A2011-UE03 B285-UE05

B239-UE03 B223-UE05 B200-UE03 B603-UE07 B303-UE03 B270-UE03 B221-UE03 B813-UE03 B829-UE03 B156-UE03

Director, Financial Services Director, General Services Director, Human Resources Director, Information Technology Director, Maritime Operations & Properties Director, Maritime Trade Development Director, Planning Director, Procurement Services Director, Public Art

Director, Real Estate District Clerk Director, Strategic Management Services Environmental Review Coordinator Equal Opportunity Analyst Executive Director- Board Appointee (President/CEO)

Executive Vice President Facility Security Officer

Financial Analyst Harbor Police Captain Homeland Security Program Manager

Human Resources Analyst Information Systems Supervisor

Information Technology Security Analyst Labor Relations Administrator Management Analyst Manager, Architectural & Mapping Services Manager, Audit Services Manager, Business Systems Manager, Capital Projects Manager, Commissioner Services

1 1 II

VII

1 1 1

III 1 1 1 II 1 II 1 1 1

IV

1 1

II VII VII

II 1 1 1

VII

1 1

Page 3 of 6

53S17 4



Appendix A



B249-UE03 B157-UE03

B155-CE03 B827-UE03

B825-UE03 B831-UE06 B803-UE03 B805-UE03 B811-UE03 B816-UE06 B807-UE03 A2048-UE03

B820-UE06 B815-UE03

B227-CNR03 B237-CN03 B236-CN03

A2100-UE03 B219-UE03

B260-CN03 A1005-UE03 B823-UE03

B238-UE03 B282-UE03 B209-CE03 B266-CN03 B269-UE08 B617-UE03 B615-UE03 B650-UE03

Manager, Contracts Administration Manager, Corporate/Executive Services Manager, Distribution & Storage Manager, Engineering - Construction

Manager, Environmental Programs Manager, Equal Opportunity Manager, Financial Planning & Analysis Manager, Financial Services Manager, Human Resources Manager, Maritime Trade Development Manager, Operations & Maintenance Manager, Planning Services Manager, Procurement Services

Marine Terminal Superintendent Marine Terminal Supervisor

Marketing/Public Relations Representative 1 Marketing/Public Relations Representative II Network Engineering & Telecommunications Supervisor Network Systems Analyst

Park Permit Coordinator Port Attorney- Board Appointee Principal Appraiser

Principal Marketing/Public Relations Representative Program Manager Public Art Project Manager Purchasing Analyst Purchasing Supervisor Risk Management Administrator Risk Management Analyst Safety Manager

1 II III 1 1 II IV

IV II 1 II 1

III

II II V V

VII VII II 1 1

V II 1

III III 1 1

III

Page 4 of 6

53S17 3



Appendix A



B245-CE03 B280-UE03 B229-UE03 B208-UE03 B231-UE05 A1290-UE03 A1311-UE03 A1381-UE03 A1287-UE03 A1220-UE03 B204-CE03 B309-CE03

B286-UE08

B276-UE03 B247-UE03 B616-UE03 B201-UE03 B622-UE03 B817-UE03 B265-CE03 B259-CE03 B253-UE03

B700-UE03 B224-UE05 B801-UE03 B278-UE03 A1035-UE08 A1025-UE03 A1015-UE03

Senior Accountant Senior Appraiser

Senior Asset Manager Senior Auditor Senior Business Systems Analyst Senior Director, Maritime Senior Director, Marketing & Communications Senior Director, Organization Effectiveness

Senior Director, Project Office Senior Director, Real Estate Senior Engineer

Senior Environmental Specialist

Senior Equal Opportunity Analyst Senior Financial Analyst Senior Human Resources Analyst Senior IT Auditor Senior Management Analyst Senior Maritime Trade Account Manager Senior Project Office Administrator Senior Purchasing Analyst

Senior Redevelopment Planner Senior Training & Organization Development Specialist

Systems Support Supervisor Technology Services Supervisor Training & Organization Development Specialist Training Administration Coordinator Vice President Vice President, Administration/ CAO Vice President, Operations/Chief Operating Officer

IV

VII

IV

VII

III

VII VII

Page 5 of 6

53S17 (p



Appendix A


The following individuals must file Statements of Economic Interests pursuant to Government Code Section 87200 and are listed below for informational purposes only:

Port Commissioner

Chief Engineer District Clerk Executive Director Port Attorney Treasurer (Chief Financial Officer/Treasurer)

An individual holding one of the above listed positions may contact the Fair Political Practices Commission for assistance of written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by Section 87200.

Page 6 of 6

7



Appendix B

Disclosure Categories for Designated Positions

Category I

All sources of income, interests in real property and investments and business positions in business entities located in or doing business in San Diego County.

Category II

All sources of income, investments and business positions in business entities located in or doing business in San Diego County.

Category III

Investments and business positions in business entities and sources of income, which provide services, supplies, materials, machinery or equipment of the type utilized by the agency.

Category IV

Investments and business positions in business entities and sources of income, which provide financial services of the type utilized by the agency.

Category V

Investments and business positions in business entities and sources of income, which provide marketing services of the type utilized by the agency.

Category VI

Investments and business positions in business entities and income from sources which are providers of health care services, including but not limited to pharmacies, physicians, etc.

Investments and business positions in business entities and/or nonprofit corporations and income from sources which may be the recipient of patient referrals for the delivery of health care services or supplies by the employee's hospitals.

Investments and business positions in business entities or nonprofit corporations and income from sources which are of the type which provide consultant services to any business entity or nonprofit corporation made reportable by this disclosure category.

Category VII

Investments and business positions in business entities and sources of income which provide data processing or computer services, supplies, materials, machinery or equipment of the type utilized by the agency.

Page 1 of 1

53S17 8


Confl ict of Interest Code

Appendix C

Consultant Disclosure

Definition: Fair Political Practices Commission regulation [2 Cal. Code of Regs. Section 18700] defines "consultant" as an individual who, pursuant to a contract with a state or local governmental agency:

(a) Makes a governmental decision whether to:

(1) Approve a rate, rule or regulation; (2) Adopt or enforce a law; (3) Issue, deny, suspend, or revoke a permit, license, application,

certificate, approval, order, or similar authorization or entitlement; (4) Authorize the agency to enter into, modify, or renew a contract

provided it is the type of contract which requires agency approval; (5) Grant agency approval to a contract which requires agency approval

and in which the agency is a party or to the specifications for such a contract;

(6) Grant agency approval to a plan, design, report, study, or similar item; (7) Adopt, or grant agency approval of, policies, standards, or guidelines

for the agency, or for any subdivision of the agency; or

(b) Serves in an ongoing staff capacity with the agency 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 local conflict of interest code.

"Consultant" does not serve in an ongoing staff capacity when: (1) Conducting research and arriving at conclusions with respect to his or

her rendition of information, advice, recommendation or counsel independent of the control and direction of the agency or of any agency official, other than normal contract monitoring; and

(2) He or she possesses no authority with respect to any agency decision beyond the rendition of information, advice, recommendation or counsel and only provides services on a sporadic basis.

Disclosure requirements for Sections (a) & (b) above:

Section (a): Investments and business positions in business entities and sources of income, which provide the type of services utilized by the agency.

Section (b): Consultants who serve in a staff capacity shall disclose those financial interests listed in the assigned disclosure category for the corresponding staff position listed in Appendix A.

Page 1 of 2

53S17 Cj


Confl ict of Interest Code

Appendix C

Consultant Disclosure

The Executive Director 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 comply fully with the disclosure requirements described in this section. Such determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The Executive Director'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.

Page 2 of 2

53S17 lO

SAN D I E G O U N I F I E D P O R T DISTRICT

O R D I N A N C E ^513

AN O R D I N A N C E A M E N D I N G C O N F L I C T O F I N T E R E S T C O D E

O F T H E SAN D I E G O U N I F I E D PORT DISTRICT

A PUBLIC AGENCY

The Board of Port Commissioners of the San Diego Unified Port District

does ordain as follows:

Section 1. Tha t the Conflict of Interest Code of the San Diego Unified Port

District, a Public Agency, as amended, on file in the office of the District Clerk, is hereby

further amended by amending Appendix A thereto by updat ing the List of Designated

Employees and Assigned Disclosure Categories, and by amending Appendix C thereto,

entitled Consultant Disclosure.

Section 2. This ordinance shall take effect on the 31st day from its passage by the

Board of Port Commissioners.

sw 8 /5 /08

rcarpio

Text Box

Reference Copy Document No. 53817

AGENDA ITEM 14 SAN DIEGO UNIFIED PORT DISTRICT

DATE: August 5, 2008

SUBJECT: ORDINANCE AMENDING THE CONFLICT OF INTEREST CODE OF THE SAN DIEGO UNIFIED PORT DISTRICT

EXECUTIVE SUMMARY:

The purpose of financial disclosure is to identify economic interests that might be affected while public officials are performing their official duties, i.e., making governmental decisions, which could cause a potential conflict of interest for the official.

In accordance with the Political Reform Act, the San Diego Unified Port District (District) adopted a Conflict of Interest Code (Code). The District's Code incorporates the requirement that the District abide by the provisions of the Political Reform Act as it exists or may be amended from time to time by the Fair Political Practices Commission (FPPC). That requirement remains unchanged. Appendix A (List of Designated Employees) to the District's Code has been periodically amended to update staff positions as "designated employees" who are required to file annual Statements of Economic Interests.

In addition, changes are recommended to the Disclosure Categories for Designated Positions to bring the District's Code more in alignment with the best practices promoted by the FPPC.

RECOMMENDATION:

Adopt an Ordinance amending the Conflict of Interest Code of the San Diego Unified Port District.

FISCAL IMPACT:

This Board action has no fiscal impact.

DISCUSSION:

Since the Code was last amended in November 2006, several District staff positions have been re-titled and positions have been added and deleted through the budget process.

This action will amend Appendix A (List of Designated Employees) to the District's current Conflict of Interest Code to reflect the re-titled, deleted, and new positions.

San Diego Unified Port District Board Meeting - August 5, 2008

ggalvant

ACTION TAKEN: 08-05-08 - Ordinance 2513

landerso

Text Box

REFERENCE COPY DOCUMENT NO. 53817

AGENDA ITEM 14 Page 2 of 2

In addition, this action will amend Appendix C (Consultant Disclosure) to the District's current Conflict of Interest Code.

Port Attorney's Comments:

The Port Attorney has reviewed and approved the requested document for form and legality.

Environmental Review:

This proposed Board action is not subject to CEQA, as amended.

Equal Opportunity Program:

Not applicable.

PREPARED BY: Mary Ann Liner District Clerk

San Diego Unified Port District Board Meeting - August 5, 2008



Appendix A


Attachment to Agenda Sheet No. 14


B243-CN03 B254-CE03

B300-CE03 B821-UE03 B279-UE03 B230-CN03 A2016-UE03 A2004-UE03 A2200-UE03 A2000-UE03 A2017-UE03 A2002-UE03 A2030-UE03 A2010-UE03 A2012-UE03 A2021-UE03 A2003-UE03 A2020-UE04 A2007-UE03 A2025-UE03 A2001-UE03 A2024-UE03 B315-CN03 B646-UE03 A1010-UE03 B263-CN03 B320-CN03 B205-CE03 B310-CN03 B306-CN03

Accountant Accounting Supervisor Architect Area Real Estate Manager Asset Manager Assistant Asset Manager Assistant Director, Community Services Assistant Director, Engineering Support Team Assistant Director, Engineering-Maritime Project Team Assistant Director, Engineering-Real Estate Project Team Assistant Director, Environmental Services

Assistant Director, Financial Services Assistant Director, General Services Administration Assistant Director, General Services Operations & Maintenance Assistant Director, Human Resources Assistant Director, Information Technology Assistant Director, Marine Operations Assistant Director, Maritime Properties Assistant Director, Planning Assistant Director, Purchasing

Assistant Director, Real Estate Assistant Director, Valuation Services

Assistant Environmental Specialist Assistant Manager, Architectural & Mapping Services

Assistant Port Attorney Assistant Procurement Analyst Assistant Redevelopment Planner

Associate Engineer Associate Environmental Specialist Associate Redevelopment Planner

IV IV 1 I I I I I I I I I 1 I II

VII 1 1 1

III 1 1 1 I I

III I 1

1 1

Page 1 of 6



Appendix A




B240-UE03 B246-UE03 B600-UE03 B150-UE03 F693-CNR07 B843-UE08 B232-UE03 B225-UE03

B215-UE03 B214-UE03 A1201-UE03

A1150-UE03 A1500-UE03

B501-CN03 B502-UE08 B619-UE07

B809-UE03 B810-UE08 B660-UE03 B655-UE03 A2043-UE03 A1155-UE03 A1125-UE03 A1370-UE03 A1391-UE03 A1230-UE05 A1950-UE03

A1450-UE03

Audit Committee Auditor Benefit Analyst Benefits Manager Budget Administrator Building Maintenance Coordinator Business Intelligence Supervisor Business Systems Analyst Business Systems Supervisor Capital Project Manager 1 Capital Project Manager 11 Chief Engineer Chief Financial Officer/Treasurer Chief of Harbor Police Consultants Contracts Administrator Contracts Supervisor Database Administrator Department Administrative Manager Department Business Manager Deputy District Clerk/Docket Coordinator

Deputy District Clerk/Document Management Supen/isor Deputy Port Attorney l/ll/lll Deputy Treasurer

Director, Audit & Risk Management & Safety Director, Communications & Governmental Affairs Director, Contracts & Quality Assurance Director, Engineering - Construction Director, Environmental Services Director, Equal Opportunity Management

1 1

VI VI II II

VII VII VII

1 1 1 1 1

Appendix C III III

VII II

11 I I I I 1 I 1 1 1

II

Page 2 of 6



Appendix A




A1350-UE03 A1396-UE03

A1400-UE03 A1900-UE03 A1700-UE05

A1288-UE03 A1393-UE03 A1600-UE06 A1825-UE03 A1225-UE03 A1365-UE03 A1412-UE03 B308-CE03 B234-UE03 A1000-UE03 A1165-UE03 B623-UE05 B135-UN03 A2011-UE03 B285-UE05 B239-UE03

B223-UE05 B200-UE03 B603-UE07 B303-UE03 B270-UE03 B221-UE03 B813-UE03 B829-UE03

B156-UE03

Director, Financial Services Director, General Services

Director, Human Resources Director, Information Technology

Director, Maritime Operations & Properties Director, Maritime Trade Development Director, Planning Director, Procurement Services Director, Public Art Director, Real Estate District Clerk Director, Strategic Management Services Environmental Review Coordinator Equal Opportunity Analyst Executive Director- Board Appointee (President/CEO) Executive Vice President Facility Security Officer Financial Analyst Harbor Police Captain Homeland Security Program Manager Human Resources Analyst

Information Systems Supen/isor Information Technology Security Analyst Labor Relations Administrator Management Analyst Manager, Architectural & Mapping Services Manager, Audit Services

Manager, Business Systems Manager, Capital Projects Manager, Commissioner Services

I I

11 VII

I I I

III 1 1 I 11 1 11 I

I I

IV I 1

II Vll VII II 1 1

1 Vll

1 1

Page 3 of 6



Appendix A




B249-UE03 B157-UE03 B155-CE03 B827-UE03 B825-UE03 B831-UE06 B803-UE03 B805-UE03 B811-UE03 B816-UE06 B807-UE03 A2048-UE03 B820-UE06 B815-UE03 B227-CNR03 B237-CN03 B236-CN03 A2100-UE03 B219-UE03 B260-CN03

A1005-UE03 B823-UE03 B238-UE03 B282-UE03 B209-CE03 B266-CN03 B269-UE08 B617-UE03 B615-UE03

B650-UE03

Manager, Contracts Administration Manager, Corporate/Executive Services

Manager, Distribution & Storage Manager, Engineering - Construction Manager, Environmental Programs Manager, Equal Opportunity Manager, Financial Planning & Analysis Manager, Financial Services Manager, Human Resources

- Manager, Maritime Trade Development Manager, Operations & Maintenance Manager, Planning Services Manager, Procurement Services Marine Terminal Superintendent Marine Terminal Supen/isor Marketing/Public Relations Representative I Marketing/Public Relations Representative 11 Network Engineering & Telecommunications Supen/isor Network Systems Analyst Park Permit Coordinator

Port Attorney - Board Appointee Principal Appraiser Principal Marketing/Public Relations Representative

Program Manager Public Art Project Manager Purchasing Analyst Purchasing Supervisor Risk Management Administrator Risk Management Analyst

Safety Manager

1

11 III

1 1 II IV IV II 1 11 1

III 11 11 V V Vll Vll 11 1 1 V

11 1

III III I

I 111

Page 4 of 6



Appendix A




B245-CE03

B280-UE03 B229-UE03 B208-UE03 B231-UE05 A1290-UE03 A1311-UE03 A1381-UE03 A1287-UE03 A1220-UE03 B204-CE03 B309-CE03 B286-UE08 B276-UE03 B247-UE03 B616-UE03 B201-UE03 B622-UE03 B817-UE03 B265-CE03 B259-CE03 B253-UE03

B700-UE03 B224-UE05 B801-UE03

B278-UE03 A1035-UE08 A1025-UE03

A1015-UE03

Senior Accountant

Senior Appraiser Senior Asset Manager Senior Auditor Senior Business Systems Analyst Senior Director, Maritime Senior Director, Marketing & Communications Senior Director, Organization Effectiveness Senior Director, Project Office Senior Director, Real Estate Senior Engineer Senior Environmental Specialist Senior Equal Opportunity Analyst Senior Financial Analyst Senior Human Resources Analyst Senior IT Auditor Senior Management Analyst Senior Maritime Trade Account Manager Senior Project Office Administrator Senior Purchasing Analyst Senior Redevelopment Planner Senior Training & Organization Development Specialist

Systems Support Supervisor Technology Services Supervisor Training & Organization Development Specialist Training Administration Coordinator Vice President Vice President, Administration/ CAO

Vice President, Operations/Chief Operating Officer

IV

1 1 1

Vll 1 1 II 1 1 1 1 II IV 11

Vll 1 1 1 III 1 II

Vll Vll 11 11 1 1

1

Page 5 of 6

Attachment to Agenda Sheet No. 14 San Diego Unified Port District


Appendix A


The following individuals must file Statements of Economic Interests pursuant to Govemment Code Section 87200 and are listed below for informational purposes only:

Port Commissioner

Chief Engineer District Clerk Executive Director Port Attorney Treasurer (Chief Financial Officer/Treasurer)

An individual holding one of the above listed positions may contact the Fair Political Practices Commission for assistance of written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by Section 87200.

Page 6 of 6


San Diego Unified Port District Conflict of Interest Code

Appendix C Consultant Disclosure

Definition: Fair Political Practices Commission regulation [2 Cal. Code of Regs. Section 18700] defines "consultant" as an individual who, pursuant to a contract with a state or local governmental agency:

(a) Makes a governmental decision whether to:

(1) Approve a rate, rule or regulation; (2) Adopt or enforce a law; (3) Issue, deny, suspend, or revoke a permit, license, application,

certificate, approval, order, or similar authorization or entitlement; (4) Authorize the agency to enter into, modify, or renew a contract

provided it is the type of contract which requires agency approval; (5) Grant agency approval to a contract which requires agency approval

and in which the agency is a party or to the specifications for such a contract;

(6) Grant agency approval to a plan, design, report, study, or similar item; (7) Adopt, or grant agency approval of, policies, standards, or guidelines

for the agency, or for any subdivision of the agency; or

(b) Serves in an ongoing staff capacity with the agency 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 local conflict of interest code.

"Consultant" does not serve in an ongoing staff capacity when: (1) Conducting research and arriving at conclusions with respect to his or

her rendition of information, advice, recommendation or counsel independent of the control and direction of the agency or of any agency official, other than normal contract monitoring; and

(2) He or she possesses no authority with respect to any agency decision beyond the rendition of information, advice, recommendation or counsel and only provides services on a sporadic basis.

Disclosure requirements for Sections (a) & (b) above:

Section (a): Investments and business positions in business entities and sources of income, which provide the type of services utilized by the agency.

Section (b): Consultants who serve in a staff capacity shall disclose those financial interests listed in the assigned disclosure category for the corresponding staff position listed in Appendix A.

Page 1 of 2


San Diego Unified Port District Conflict of Interest Code

Appendix C Consultant Disclosure

The Executive Director 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 comply fully with the disclosure requirements described in this section. Such determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The Executive Director'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.

Page 2 of 2

COUNTY OF SAN DIEGO BOARD OF SUPERVISORS

TUESDAY, OCTOBER 28, 2008

MINUTE ORDER NO. 14

SUBJECT: NOTICED PUBLIC HEARING: CONFLICT OF INTEREST CODES: VARIOUS DEPARTMENTS AND AGENCIES (DISTRICTS: ALL)

OVERVIEW: Pursuant to Government Code Section 87306.5, Conflict of Interest Code, Local Agency Review, all local agencies which have adopted a Conflict of Interest Code, for which your Board acts as the Code-reviewing body, have been advised of the requirement to review their Conflict of Interest Code. The Board of Supervisors serves as the Code Reviewing Body for any Local Government Agency, other than Cities, with jurisdiction wholly within the county per Government Code Section 82011. This letter is a result of the Biennial Review of Conflict of Interest Codes pursuant to Government Code Section 87306.5.

FISCAL IMPACT: The funding source is the Fiscal Year 2008/2009 Adopted Budget. These reviews require minor year costs, which may be recoverable from the State of California.

BUSINESS IMPACT STATEMENT: N/A

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER Approve the Conflict of Interest Code adopted by the:

Agriculture, Weights & Measures, San Diego County Air Pollution Control District, San Diego County Alpine Fire Protection District Animal Services, San Diego County Assessor/Recorder/County Clerk, San Diego County Bonsall Union School District Borrego Springs Fire Protection District Borrego Water District Buena Sanitation District Cajon Valley Union School District Child Support Services, San Diego County Chula Vista Elementary School District Deer Springs Fire Protection District East County Fire Protection District Encina Wastewater Authority

10/28/2008 1

tdeuel

Text Box

Reference Copy: Document No. 53817

Environmental Health, San Diego County Escondido Union High School District Escondido Union School District Fairbanks Ranch Community Services District Fallbrook Healthcare District Fallbrook Union High School District General Services, San Diego County Grossmont-Cuyamaca Community College District Grossmont Healthcare District Grossmont Union High School District Helix Water District Housing and Community Development, San Diego County Human Resources, San Diego County Land Use and Environment Group, San Diego County Lemon Grove School District Library, San Diego County Local Agency Formation Commission (LAFCO), San Diego County Lower Sweetwater Fire Protection District Mira Costa Community College District North County Dispatch Joint Powers Authority North County Transit District North County Fire Protection District Olivenhain Municipal Water District Otay Water District Palomar Pomerado Health System Parks and Recreation, San Diego County Pauma Valley Community Services District Poway Unified School District Public Works, San Diego County Purchasing and Contracting, San Diego County Rainbow Municipal Water District Rancho Santa Fe Community Services District San Diego Association of Governments (SANDAG) San Diego Community College District San Diego County Employees Retirement Association (SDCERA) San Diego County Public Law Library San Diego County Regional Airport Authority San Diego County Water Authority San Diego Unified Port District San Diego Workforce Partnership San Dieguito Union High School District San Miguel Consolidated Fire Protection District San Ysidro School District Santa Fe Irrigation District Solana Beach School District South Bay Irrigation District

10/28/2008 2

Southwestern Community College District Sweetwater Union High School District Tri-City Healthcare District Vallecitos Water District Valley Center Parks and Recreation District Vista Irrigation District Water Conservation Garden Authority Whispering Palms Community Services District Yuima Municipal Water District

ACTION: ON MOTION of Supervisor Roberts, seconded by Supervisor Horn, the Board of Supervisors closed the Hearing and took action as recommended, on Consent.

AYES: Cox, Slater-Price, Roberts, Horn ABSENT: Jacob

- - - State of California) County of San Diego) §

I hereby certify that the foregoing is a full, true and correct copy of the Original entered in the Minutes of the Board of Supervisors.

THOMAS J. PASTUSZKA Clerk of the Board of Supervisors

By_____________________________ Marvice E. Mazyck, Deputy

10/28/2008 3

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