Palos Verdes Peninsula
Exhibit E 9270 Board Bylaws
Conflict Of Interest INCORPORATION BY REFERENCE CONFLICT OF INTEREST CODE FOR PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT
The Political Reform Act, Government Code Section 81000, et seq., requires state and local government agencies to adopt and promulgate conflict of interest codes. The Los Angeles County Board of Supervisors, as the code reviewing body for the above-named agency, has adopted a standard conflict of interest code for use by the above-named agency. Therefore, the provisions of the standard conflict of interest code and any amendments to it duly adopted by the Los Angeles County Board of Supervisors are hereby incorporated by reference and, along with the attached Exhibit A in which disclosure categories are set forth and the attached Exhibit B in which members, employees and consultants are designated, constitute the conflict of interest code of the above-named agency.
Individuals holding designated positions shall file statements of economic interests with their agency's filing officer. Within five days of receipt of the statements for the agency head/director/board member/commission, the agency shall make and retain copies and forward the originals of these statements to the Los Angeles County Board of Supervisors. Statements for all other designated individuals will be retained by the agency. Those agencies that choose to do so may provide that the original statement for the agency head/director/board member/commissioner be filed directly with the Board of Supervisors and that no copy be retained by the agency.
SECTION 100. The Palos Verdes Peninsula Unified School District (herein agency) of the County of Los Angeles hereby adopts this Conflict of Interest and Disclosure Code. The provisions of this Code are addition to Government Code Section 87100 and other laws pertaining to conflicts of interest. Except as otherwise adopted pursuant thereto are incorporated herein and this Code shall be interpreted in a manner consistent therewith.
SECTION 200. Designated Positions. The positions listed on Exhibit "B" are designated positions. Persons holding those positions are deemed to participate in the making of decisions which may foreseeably have a material effect on a financial interest.
SECTION 300. Economic Disclosure Statements. Designated positions are assigned to one or more of the disclosure categories set forth in Exhibit "A." Each person holding a designated position shall file a statement disclosing his/her interest in investments, business positions, real property and income, designated as reportable under the category to which his/her position is assigned on Exhibit "B."
SECTION 400.. Place and Time of Filing.
A. A person holding a designated position shall file an initial statement with the agency within 30 days after the effective date of this Code.
B. Persons appointed, promoted or transferred to designated positions shall file an assuming office statement with the agency within 30 days after assuming the position.
C. Annual statements shall be filed with the agency by April 1st by all persons holding designated positions. Such statements shall cover the period of the preceding calendar year or from the date of the last statement filed.
D. Leaving office statements shall be filed with the agency within 30 days of leaving a designated position. Such statements shall cover the period from the closing date of the last statement filed to the date of leaving the position.
E. Individuals who resign designated positions within 45 days following initial appointments are not deemed to assume or leave office, provided that during the period between appointment and resignation, the individual did not make, participate in making or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position.
Section 500. Contents of Economic Disclosure Statements. Statements shall be made on forms supplied by the Agency, and shall contain the following information:
A. When an investment, or an interest in real property, is required to be reported, the statement shall contain:
(1) A statement of the nature of the investment or interest;
(2) The name of the business entity in which each investment is held, and a general description of the business activity in which the business is engaged;
(3) The address or other precise location and the use of the real property;
(4) A statement whether the fair market value of the investment or interest in real property equals or exceeds One Thousand Dollars ($1,000) but does not exceed Ten Thousand Dollars ($10,000), whether it exceeds Ten Thousand Dollars ($10,000) but does not exceed One Hundred Thousand Dollars ($100,000), or whether it exceeds One Hundred Thousand Dollars ($100,000);
(5) If any otherwise reportable investment or interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the date of acquisition or disposal shall be reported.
B. When income is required to be reported, the statement shall contain:
(1) The name and address of each source of income aggregating Two Hundred Fifty Dollars ($250) or more in value, or Fifty Dollars ($50) or more in value if the income was a gift, and a general description of the business activity, if any, of each source;
(2) A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was at least Two Hundred Fifty Dollars ($250) bud did not exceed One Thousand Dollars ($1,000), whether it was in excess of One Thousand Dollars ($1,000) but not greater than Ten Thousand Dollars ($10,000), or whether it was greater than Ten Thousand Dollars ($10,000);
(3) A description of the consideration, if any, for which the income was received;
(4) In the case of a gift, the amount or value and the date on which the gift was received and the name, address and business activity, if any, if the intermediary or agency and the actual donor;
(5) In case of a loan, the annual interest rate and the security, if any, given for the loan;
(6) The first report filed by a person holding a designated position shall disclose any reportable investments, interests in real property, business property and income received during the previous 12 months.
C. When the filer's pro rata share of income to a business entity, including income to a sole proprietorship, is required to be reported, the statement shall contain:
(1) The name, address and a general description of the business activity of the business entity;
(2) The filer's job title or position;
(3) A statement whether the position was held throughout the entire reporting period and the dates the position was commenced or terminated, if not held during the entire reporting period.
SECTION 600. Disqualification. Persons holding designated positions shall disqualify themselves from making or participating in the making or in any way attempting to use their official position to influence a governmental decision when it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on:
A. Any reportable investment or interest in real property;
B. Any reportable source of income, other tan loans by a commercial lending institution in the regular course of business, aggregating Two Hundred Fifty Dollars ($250) or more in value received within 12 months prior to the time the decision is made;
C. Any business entity in which the person holding a designated position is a director, officer, partner, trustee, employee or holds any position of management.
SECTION 700. Adoption by Incorporation. Adoption by incorporation by reference of the terms of this code along with the designation of employees and the formulation of disclosure categories in the Exhibits referred to above constitute the adoption and promulgation of a Conflict of Interest and Disclosure Code.
EXHIBIT A
Category 1.
Persons in this category shall disclose all interests in real property within the jurisdiction. Real property shall be deemed to be within the jurisdiction if the property or any part of it is located within or not more than two miles outside the boundaries of the jurisdiction or within two miles of any land owned or used by the agency.
Persons are not required to disclose property used primarily as their residence or for personal recreational purposes.
Category 2.
Persons in this category shall disclose all investments and business positions.
The Political Reform Act defines investment as follows:
"Investment" means any financial interest in or security issued by a business entity, including but not limited to common stock preferred stock, rights, warrants, options, debt instruments and any partnership or other ownership interest, if the business entity or any parent, subsidiary or otherwise related business entity has an interest in real property in the jurisdiction or does business or plans to do business in the jurisdiction at any time during the two years prior to the time any statement or other action is required under this title. No asset shall be deemed an investment unless its fair market value equals or exceeds One Thousand Dollars ($1,000). The term "investment" does not include a time or demand deposit in an financial institution, shares in an credit union, any insurance policy, interest in a diversified mutual trust fund which is created pursuant to Section 1564 of the Financial Code, or any bond or other debt instrument issued by any government or government agency. Investments or an individual include a prop rata share of investments of any business entity, mutual fund or trust in which the individual or spouse owns directly, indirectly, or beneficially, a 10 percent interest or greater.
According to the Political Reform Act, a business position is a position of director, officer, partner, trustee, employee or any position of management in any organization or enterprise operated for profit, including but not limited to a proprietorship, partnership, firm business trust, joint venture, syndicate, corporation or association.
Category 3.
Persons in this category shall disclose all income and business positions.
The Political Reform Act defines income as follows:'
"Income" means a payment received, including but not limited to any salary, wage, advance, dividend, interest, rent, proceeds from any sale, gift, including any gift of food or beverage, loan, forgiveness of payment of indebtedness received by the filer, reimbursement for expenses, per diem, or contribution to an insurance or pension program paid by any person other than an employer, and including any community property interest in the income of a spouse. Income also includes an outstanding loan. Income of an individual also includes a pro rata share of any income of any business entity or trust in which the individual or spouse owns, directly, indirectly or beneficially, a 10-percent interest or greater.
Category 4.
Persons in this category shall disclose all business positions, investments in, or income (including gifts and loans) received from business entities that manufacture, provide or sell services and/or supplies of a type utilized by the agency and associated with the job assignment of designated positions assigned this disclosure category.
Category 5.
Persons in this category shall disclose all business positions, investments in or income (including gifts and loans) received from business entities that provide, manufacture of sell services, supplies, provisions or other property of a type utilized by the agency in an aggregate amount of Ten Thousand Dollars ($10,000) or more per annum.
Category 6.
Consultants performing the duties of any designated position shall be required to file Statements of Economic Interests disclosing reportable interests in the categories assigned to that designated position.
In addition, consultants who, under contract, participate in decisions which affect financial interests by providing information, advice, recommendations or counsel to the agency and possess decision-making authority which could affect financial interests shall be required to file Statements of Economic Interests disclosing reportable interests, unless they fall within the Political Reform Act's exceptions to the definition of consultant, as determined by the District Superintendent or designee.
As used in this code, the terms "consultant" is defined as follows:
"Consultant" shall include any natural person who provides, under contract, information, advice, recommendation or counsel to a state or local government agency, provided, however, that "consultant" shall not include a person who:
A. Conducts research and arrives at conclusions with respect to his/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
B. Possesses no authority with respect to any agency decision beyond the rendition of information, advice, recommendation or counsel.
By way of illustration, and not by limitation, the term "consultant" shall not include:
A. A person who performs only instructional services, or curriculum development services which are advisory only on behalf of the agency.
B. A person (other than elected members of the governing board of the agency) performing uncompensated service to the agency on a board, committee or advisory body.
C. A person performing uncompensated services which are advisory only.
EXHIBIT B
Designated Positions Disclosure Categories
Board Members 1, 2, 3
Superintendent of Schools 1, 2, 3
Assistant Superintendent/Educational Services 4
Assistant Superintendent/Human Resources 4
Assistant Superintendent//Business 4
Director of Curriculum and Instruction 4
Director of Fiscal Services 4
Director of Food Services 4
Director of Maintenance and Operations 4
Consultants 6
Exhibit PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT version: July 28, 1997 Palos Verdes Estates, California revised: July 1, 1999 |