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Home My WebLink AboutOB Reso No 2016-003 Conflict of Interest CodeRESOLUTION NO. 2016 -003 A RESOLUTION OF THE OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE ADOPTING A CONFLICT OF INTEREST CODE WHEREAS, the Oversight Board to the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore (the "Oversight Board ") has been established to oversee the wind down of the affairs of the former Redevelopment Agency of the City of Lake Elsinore ( "Successor Agency ") in accordance with the California Health and Safety Code ( "HSC ") Section 34179; and, WHEREAS, the Oversight Board is deemed a local public agency for the purposes of the Political Reform Act; and, WHEREAS, pursuant to the Political Reform Act of 1974 and regulations promulgated thereunder by the Fair Political Practices Commission ( "FPPC "), a local public agency is required to adopt a conflict of interest code and update it biannually; and, WHEREAS, the Oversight Board adopted its conflict of interest code on April 10, 2012, and it is now necessary to update it as required by law; and, WHEREAS, the Oversight Board finds and determines it is appropriate to adopt as its conflict of interest code the model conflict of interest code promulgated by the FPPC as set forth in this Resolution: and, WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, THE OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Recitals set forth above are true and correct and incorporated herein by reference. SECTION 2. Pursuant to the Political Reform Act of 1974, Government Code Section 87300 et seq., and Section 18730 of Title 2 of the California Code of Regulations, the Board adopts the model conflict of interest code promulgated by the Fair Political Practices Commission of the State of California as set forth in Section 18730 of Title 2 of the California Code of Regulations, which model conflict of interest code is incorporated herein by reference, and which, together with the list of designated positions and the disclosure categories applicable to each designated position as set forth in Sections 3 and 6 of this Resolution, collectively constitutes the Oversight Board's Conflict of Interest Code. As the model conflict of interest code set forth in Section 18730 of Title 2 of the California Code of Regulations is amended from time to time by State law, regulatory action of the Fair Political Practices Commission, or judicial determination, the portion of the Oversight Board's Conflict of Interest Code comprising the model conflict of interest code shall be deemed automatically amended without further action to incorporate by reference all such amendments to the model conflict of interest code so as- to remain in compliance therewith. Nothing in the Resolution shall supersede the independent applicability of Government Code Section 87200. OB Resolution No. 2016 -003 Page 2 SECTION 3. The definitions contained in the Political Reform Act of 1974 and in the regulations of the Fair Political Practices Commission, and any amendments to either of the foregoing, are incorporated by reference into this Conflict of Interest Code. SECTION 4. Members of the Oversight Board are the designated Board positions which shall be required to file statements of economic interests. SECTION 5. Unless determined otherwise by the California Department of Finance, the code reviewing body for this conflict of interest code shall be the Board of Supervisors of the County of Riverside. This Conflict of Interest Code shall be promptly submitted after its adoption by the Oversight Board Secretary to the Clerk of the Board of Supervisors or such other entity designated by the California Department of Finance. Statements of economic interests shall be filed by Oversight Board Members with the Clerk of the Board of Supervisors of the County of Riverside or such other entity designated by the California Department of Finance. SECTION 6. The Board finds and determines that the persons holding the positions set forth in Section 4 make or participate in the making of decisions which may foreseeably have a material effect on financial interests. SECTION 7. Each person holding a designated position set forth in Section 4 shall report in every disclosure category set forth in the statement of economic interests promulgated by the FPPC to the extent such category is applicable to such person pursuant to the rules and regulations of the FPPC. The disclosure categories promulgated by the FPPC may be amended from time to time and such amendments shall not require an amendment to this code or Resolution. SECTION 8. Sections 4 and 7 of this Resolution constitute the Appendix referred to in subdivision (b)(2) of Section 18730 of Title 2 of the California Code of Regulations. SECTION 9. Nothing contained in this Resolution is intended to modify or abridge the provisions of the Political Reform Act of 1974, Government Code Section 87000 et seq., or FPPC Regulations (Title 2 of California Code of Regulations including Sections 18700 et seq.). The provisions of this Resolution are additional to the Political Reform Act and FPPC Regulations. This Resolution shall be interpreted in a manner consistent with the Political Reform Act and FPPC regulations. In the event of any inconsistency between the provisions of this Resolution, on the one hand, and the Political Reform Act and /or the FPPC regulations, on the other hand, the provisions of the Political Reform Act and FPPC regulations shall govern. SECTION 10. If any section, subsection, sentence, clause, or phrase of this Resolution is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Resolution. The Board hereby declares that it would have adopted this Resolution and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more section, subsection, sentence, clause, or phrase be declared invalid. SECTION 11. Pursuant to Health and Safety Code Section 34179(h), this Resolution shall be effective five (5) business days after proper notification hereof is given to the California Department of Finance unless the California Department of Finance requests a review of the actions taken in this Resolution, in which case this Resolution will be effective upon approval by the California Department of Finance. OB Resolution No. 2016 -003 Page 3 SECTION 12. This Resolution shall take effect from and after the date of its passage and adoption in accordance with, and subject to, all applicable requirements of the Health & Safety Code. PASSED AND ADOPTED at a Special meeting of the Oversight Board to the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore, held this 7th day of July, 2016. n e Kelley, Ch irperson ATTEST-:-- ,! - - Susa6-M— Domen, MMC Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Susan M. Domen, Clerk of the Oversight Board of the City of Lake Elsinore, California, hereby certify that Resolution No. OB- 2016 -003 was adopted by the Oversight Board to the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore, California, at a Special meeting held on the 7th day of July 2016, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN Board Members Jeffries, Lassey, None Board Member Tisdale None Susan M. Domen, MMC Clerk of the Oversight Board M. Williams and P. Williams, and Chair Kelley