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HomeMy WebLinkAboutAgenda Packet - EVWD Board of Directors - 12/22/2016SPECIAL BOARD MEETING December 22, 2016 at 2:00 PM 31111 Greenspot Road Highland, CA 92346 AGENDA CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF BOARD MEMBERS PUBLIC COMMENTS Any person wishing to speak to the Board of Directors is asked to complete a Speaker Card and submit it to the District Clerk prior to the start of the meeting. Each speaker is limited to three (3) minutes, unless waived by the Chairman of the Board. Under the State of California Brown Act, the Board of Directors is prohibited from discussing or taking action on any item not listed on the posted agenda. The matter will automatically be referred to staff for an appropriate response or action and may appear on the agenda at a future meeting. 1.Ethics and Public Compliance Training (AB 1234) REPORTS 2.General Manager/CEO 3.Legal Counsel Report 4.Board of Directors' Comments ADJOURN P ursuant to Go vernment Co d e S ectio n 54954.2(a), any reques t fo r a dis ability-related modific ation or ac commod ation, inc luding auxiliary aids or s ervic es , that is s ought in order to participate in the abo ve agendized pub lic meeting s hould be d irected to the Dis tric t Clerk at (909) 885-4900. BY JEAN CIHIGOYENETCHE, ESQ. GENERAL OVERVIEW OF AB 1234 •APPLIES TO THOSE IN OFFICE AS OF JANUARY 1, 2006, AND TO DESIGNATED EMPLOYEES. •AMENDS PORTIONS OF THE GOVERNMENT CODE (SECTIONS 53234 ET SEQ.) •AFFECTS DIRECTOR COMPENSATION AND REIMBURSEMENT POLICIES •REQUIRES ETHICS TRAINING FOR DIRECTORS •REQUIRES POST-CONFERENCE REPORTING BY DIRECTORS •PROVIDES PENALTIES FOR VIOLATIONS ETHICS PRINCIPLES IN GENERAL •TRUSTWORTHINESS –QUALITY OF A PERSON OR THING THAT INSPIRES RELIABILITY. •RESPECT –THE WAY OF TREATING OR THINKING ABOUT SOMEONE OR SOMETHING; VALUE OTHERS OPINIONS. •FAIRNESS –QUALITY OF MAKING JUDGMENTS THAT ARE FREE FROM DISCRIMINATION OR PARTIALITY. •RESPONSIBILITY –SOMETHING YOU ARE REQUIRED TO DO AS AN UPSTANDING MEMBER OF A COMMUNITY OR WITHIN A ROLL IN THE COMMUNITY. •AVOIDANCE OF IMPROPRIETY –ATTEMPT TO AVOID CONDITIONS OF IMPROPER BEHAVIOR; CONDUCT ONESELF IN A PROPER WAY. •LAWS PROHIBITING BRIBERY: CAL. PENAL CODE §68 •CONFLICTS OF INTEREST UNDER POLITICAL REFORM ACT: CAL. GOV. CODE §§87100, 87103 •CONFLICTS OF INTEREST REGARDING FAMILY MEMBERS •CONTRACTUAL CONFLICTS OF INTEREST: CAL. GOV. CODE §1090 ET SEQ. •CONFLICTS OF INTEREST AND CAMPAIGN CONTRIBUTIONS: CAL. GOV. CODE §84308 •CONFLICTS OF INTEREST WHEN LEAVING OFFICE: GOV. CODE §84308 LAWS PROHIBITING BRIBES (PENAL CODE SEC. 68) ELEMENTS: 1. EXECUTIVE, MINISTERIAL OFFICER, EMPLOYEE, APPOINTEE OF STATE OF CA, COUNTY, CITY OR POLITICAL SUBDIVISION. 2. ASKS, RECEIVES, OR AGREES TO RECEIVE, ANY BRIBE. 3. AGREEMENT OR UNDERSTANDING THAT HIS OR HER VOTE, OPINION OR ACTION UPON ANY MATTER PENDING OR MAY BE BROUGHT BEFORE HIM OR HER IN HIS OR HER OFFICIAL CAPACITY SHALL BE INFLUENCED BY THAT BRIBE. PEOPLE V. BIANE 58 CAL.4TH 381; 2015 WL 596427 •DEVELOPER WAS ATTEMPTING TO BUILD HOMES IN SAN BERNARDINO AREA AND RAN INTO LEGAL ISSUES. •MEMBERS OF THE BOARD FOR THE COUNTY OF SAN BERNARDINO CONSPIRED WITH TWO GENERAL PARTNERS OF THE DEVELOPER. •BRIBES WERE OFFERED TO SOME MEMBERS OF THE BOARD MEMBERS TO VOTE TO APPROVE A SETTLEMENT OF $102 MILLION IN THE DEVELOPER’S FAVOR IN A LITIGATION WHICH THE DEVELOPER HAD AGAINST THE COUNTY. •ONCE DEVELOPER RECEIVED SUMS FROM THE SETTLEMENT WITH THE COUNTY, DEVELOPER DISTRIBUTED THE AGREED UPON BRIBES TO THE POLITICAL COMMITTEES CONTROLLED BY THE BOARD MEMBERS. •BAD IDEA… CONFLICTS OF INTEREST UNDER POLITICAL REFORM ACT NO PUBLIC OFFICIAL… SHALL USE HIS/HER OFFICIAL POSITION TO INFLUENCE A GOVERNMENTAL DECISION IN WHICH HE/SHE KNOWS OR HAS REASON TO KNOW HE/SHE HAS A FINANCIAL INTEREST. CAL. GOV. CODE SECTION 87100 WHAT CONSTITUTES A FINANCIAL INTEREST? A PUBLIC OFFICIAL HAS A FINANCIAL INTEREST IF IT IS REASONABLY FORESEEABLE* THAT THE DECISION WILL HAVE A MATERIAL FINANCIAL EFFECT, DISTINGUISHABLE FROM ITS EFFECT ON THE PUBLIC GENERALLY, ON THE OFFICIAL, A MEMBER OF HIS OR HER IMMEDIATE FAMILY OR ON ANY OF THE FOLLOWING: 1.ANY BUSINESS ENTITY IN WHICH THE PUBLIC OFFICIAL HAS A DIRECT OR INDIRECT INVESTMENT WORTH $2,000 OR MORE.** 2.ANY REAL PROPERTY IN WHICH THE PUBLIC OFFICIAL HAS A DIRECT OR I NDIRECT INTEREST WORTH TWO THOUSAND DOLLARS ($2,000) OR MORE.** 3.ANY SOURCE OF INCOME, EXCEPT GIFTS OR LOANS BY A COMMERCIAL LEND ING INSTITUTION MADE IN THE REGULAR COURSE OF BUSINESS ON TERMS AVAILABLE TO THE PUBLIC WITHOUT REGARD TO OFFICIAL STATUS, AGGREGATING $500 OR MORE IN VALUE PROVIDED OR PROMISED TO, RECEIVED BY, THE PUBLIC OFFICIAL WITHIN 12 MONTHS PRIOR TO THE TIME WHEN THE DECISION IS MADE. 4.ANY BUSINESS ENTITY IN WHICH THE PUBLIC OFFICIAL IS A DIRECTOR, OFFICER, PARTNER, TRUSTEE, EMPLOYEE, OR HOLDS ANY POSITION OF MANAGEMENT. 5.ANY DONOR OF, OR ANY INTERMEDIARY OR AGENT OF A DONOR OF, A GIFT OR GIFTS AGGREGATING $250 OR MORE IN VALUE PROVIDED TO, RECEIVED BY, OR PROMISED TO THE PUBLIC OFFICIAL WITHIN 12 MONTHS PRIOR TO THE TIME WHEN THE DECISION IS MADE. CAL. GOV. CODE SECTION 87103 *REASONABLY FORESEEABLE DOES NOT MEAN LIKELY. AS LONG AS THE FINANCIAL EFFECT CAN BE RECOGNIZED AS A REALISTIC POSSIBILITY, IT IS REASONABLY FORESEEABLE. **AS OF JANUARY 1, 2018, VALUES FOR SECTIONS 1 AND WILL BE RAISED TO $5,000 AND $10,000 RESPECTIVELY. DISQUALIFICATION FROM PARTICIPATING IN DECISIONS AFFECTING FAMILY MEMBERS •POLITICAL REFORM ACT REQUIRES PUBLIC OFFICIALS TO DISQUALIFY THEMSELVES FROM PARTICIPATING IN DECISIONS THAT WILL INCREASE OR DECREASE THEIR IMMEDIATE FAMILY’S EXPENSES, INCOME, ASSETS OR LIABILITIES. •§87100: NO PUBLIC OFFICIAL AT ANY LEVEL OF STATE OR LOCAL GOVERNMENT SHALL MAKE PARTICIPATE IN MAKING OR IN ANY WAY ATTEMPT TO USE HIS OFFICIAL POSITION TO INFLUENCE A GOVERNMENTAL DECISION IN WHICH HE KNOWS OR HAS REASON TO KNOW HE HAS A FINANCIAL INTEREST. •THIS INCLUDES IMMEDIATE FAMILY MEMBERS (WIFE, CHILDREN, ETC.). CONFLICTS OF INTEREST BASED ON CONTRACTS (A) MEMBERS OF THE … DISTRICT SHALL NOT BE FINANCIALLY INTERESTED IN ANY CONTRACT MADE BY THEM IN THEIR OFFICIAL CAPACITY, OR BY ANY BODY OR BOARD OF WHICH THEY ARE MEMBERS. NOR SHALL DISTRICT OFFICERS OR EMPLOYEES BE PURCHASERS AT ANY SALE OR VENDORS AT ANY PURCHASE MADE BY THEM IN THEIR OFFICIAL CAPACITY. (B) AN INDIVIDUAL SHALL NOT AID OR ABET A MEMBER OF THE LEGISLATURE OR A STATE, COUNTY, DISTRICT, JUDICIAL DISTRICT, OR CITY OFFICER OR EMPLOYEE IN VIOLATING SUBDIVISION (A). GOV. CODE SECTION 1090 -A PUBLIC OFFICIAL CANNOT HAVE AN INTEREST IN A CONTRACT WITH A PUBLIC ENTITY THEY REPRESENT. -DISQUALIFYING ONESELF MAY NOT BE ENOUGH IN THESE CIRCUMSTANCES. -PENALTIES INCLUDE: LOSS OF OFFICE, CHARGED WITH A FELONY, REFUND OF ALL MONIES RECEIVED. PEOPLE V. HONIG (1996) 48 CAL.APP.4TH 289 •MR. HONIG WAS ELECTED TO STATE CONSTITUTIONAL OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION. THE ISSUE IN THIS CASE INVOLVED SEVERAL CONTRACTS BETWEEN THE DEPARTMENT OF EDUCATION AND A NONPROFIT THAT THE DEFENDANT HAD A RELATIONSHIP WITH. •THE NON-PROFIT WAS OPERATED BY HIS WIFE AND PAID FOR PORTIONS OF THEIR RESIDENCE. THE DEFENDANT HAD WORKED WITH THE DEPARTMENT OF EDUCATION TO ENSURE THAT THE SALARIES OF MANY OF THE NON-PROFIT EMPLOYEES WAS PAID FOR BY THE STATE ON A CONTRACTUAL BASIS. •MR. HONIG WAS CHARGED WITH VIOLATING GOV. CODE 1090 FOR PARTICIPATING IN MAKING STATE CONTRACTS IN WHICH HE HAD A FINANCIAL INTEREST. WHAT TO DO WHEN YOU HAVE A CONFLICT •IF DISQUALIFIED •DO NOT DISCUSS OR INFLUENCE THE DECISION (WITH STAFF OR WITH COLLEAGUES) •IDENTIFY THE NATURE OF THE CONFLICT AT THE MEETING •LEAVE THE ROOM UNLESS A MATTER ON CONSENT •IF UNSURE OF DISQUALIFICATION •ASK LEGAL COUNSEL •ASK FAIR POLITICAL PRACTICES COMMISSION •ABSTAIN ON THE ISSUE. MAIN INTENT OF CONFLICT OF INTEREST PROVISIONS •AVOIDANCE OF IMPROPRIETY AMONGST PUBLIC OFFICIALS. •FAIRNESS IN PUBLIC DEALINGS TO ENSURE THE BEST OUTCOME FOR THE PUBLIC. •ENSURE THAT PUBLIC OFFICIALS CAN BE TRUSTED TO ACT ON THE PUBLIC’S BEHALF. CONFLICTS OF INTEREST AND CAMPAIGN CONTRIBUTIONS •CAL. GOV. CODE 84308 •PROHIBITS OFFICERS FROM ACCEPTING OR SOLICITING CONTRIBUTIONS OF MORE THAN $250 FROM ANY PARTY WHILE A PROCEEDING, PERMIT OR OTHER ENTITLEMENT IS PENDING BEFORE THE AGENCY. •**DOES NOT APPLY TO LOCAL GOV. AGENCIES WHOSE MEMBERS ARE DIRECTLY ELECTED BY VOTERS. •**DOES APPLY WHEN AN ELECTED OFFICIAL IS SITTING AS A MEMBER OF ANOTHER BOARD TO WHICH THEY ARE NOT ELECTED •JOINT POWER AGENCIES, LOCAL AGENCY FORMATION COMMISSION, ETC. (CAL. GOV’T CODE §84308(A)(3); 2 CAL. CODE REGS. §18438.1). •ETHICS LAWS WITH RESPECT TO CAMPAIGN CONTRIBUTIONS EMPHASIZE DISCLOSURE RATHER THAN DISQUALIFICATION. •GENERALLY, OBTAINING POLITICAL CONTRIBUTIONS FROM PEOPLE OR ENTITIES WITH AN INTEREST IN A MATTER WITHIN THE DISTRICT DOES NOT CONSTITUTE A CONFLICT OF INTEREST. •FIRST / FOURTEEN AMENDMENT ISSUE •EXAMPLE: ALL TOWING SERVICES, LLC V. CITY OF ORANGE (2013) 220 CAL.APP.4TH 946 CONFLICTS AFTER LEAVING OFFICE OR WITH OTHER EMPLOYMENT •AS A LOCAL ELECTED OFFICIAL, YOU CANNOT ACT AS AN AGENT OR REPRESENT ANOTHER PERSON, FOR COMPENSATION, IN INFLUENCING AN ACTION OR PROCEEDING INVOLVING THE GOVERNMENT AGENCY AND THE OTHER PERSON FOR A PERIOD OF ONE YEAR AFTER YOU LEAVE OFFICE. •CAL. GOV. CODE §87406.3. •NO PUBLIC OFFICIAL SHALL USE THEIR POSITION TO INFLUENCE ANY GOV ERNMENTAL DECISION DIRECTLY RELATING TO ANY PERSON WITH WHOM THE PUBLIC OFFICIAL IS NEGOTIATING, OR HAS ANY ARRANGEMENT CONCERNING, PROSPECTIVE EMPLOYMENT. •CAL. GOV. CODE §87407. •LIMITATIONS ON THE RECEIPT OF GIFTS, INCLUDING TRAVEL (86203, 89503, 89506) •HONORARIA BAN (CAL. GOV. CODE 89502) •MISUSE OF PUBLIC FUNDS (CAL. PEN. CODE 424; GOV CODE 8314; FAIR POLITICAL PRACTICES COMMISSION V. SUITT (1979) 90 CAL.APP.3D 125; STANSON V. MOTT (1976) 17 CAL.3D 206) •PROHIBITIONS AGAINST GIFTS OF PUBLIC FUNDS (CAL. CONST. ART XVI,6) •MASS MAILING RESTRICTIONS (CAL. GOV. CODE 89001) •PROHIBITIONS AGAINST ACCEPTANCE OF FREE OR DISCOUNTED TRANSPORTATION BY TRANSPORTATION COMPANIES LIMITS ON RECEIPT OF GIFTS •IT IS UNLAWFUL FOR A LOBBYIST, OR LOBBYING FIRM, TO MAKE GIFTS TO ONE PERSON AGGREGATING MORE THAN TEN ($10) IN A CALENDAR MONTH, OR TO ACT AS AN AGENT OR INTERMEDIARY IN THE MAKING OF ANY GIFT, OR TO ARRANGE FOR THE MAKING OF ANY GIFT BY ANY OTHER PERSON. CAL. GOV. CODE SEC. 86203. •NO ELECTED OFFICER OF A LOCAL GOVERNMENT AGENCY SHALL ACCEPT GIFTS FROM ANY SINGLE SOURCE IN ANY CALENDAR YEAR WITH A TOTAL VALUE OF MORE THAN $460. (INCREASES BASED UPON THE CONSUMER PRICE INDEX). CAL. GOV. CODE SEC. 89503; FPPC REG SEC. 18730. •LIMITATIONS ON REIMBURSEMENTS FOR TRAVEL AND RELATED LODGING. •TRAVEL MUST BE IN CONNECTION WITH A SPEECH AND LODGING LIMITED TO THE DAY BEFORE AND DAY AFTER THE SPEECH/PRESENTATION •THE TRAVEL IS PROVIDED BY A GOVERNMENTAL AGENCY, NON-PROFIT, ETC. CAL. GO. CODE SEC 89506. •NO FREE TRANSPORTATION FROM TRANSPORTATION CARRIERS. PUBLIC OFFICIAL COMPENSATION AND HONORARIA BAN •COMPENSATION FOR LOCAL OFFICIALS IS LIMITED BY LAW. (I.E. CALIFORNIA WATER CODE AND CALIFORNIA GOVERNMENT CODE) •NO ELECTED OFFICER OF A LOCAL GOVERNMENT AGENCY, OR CANDIDATE FOR A LOCAL GOVERNMENT AGENCY, SHALL ACCEPT ANY HONORARIUM. CAL. GOV. CODE §89502; FPPC REG. SEC. 18730(B)(8). •YOU CANNOT GET COMPENSATED FOR WRITING AN ARTICLE, MAKING A SPEECH, WHILE YOU ARE A PUBLIC OFFICIAL, ACTING AS A PUBLIC OFFICIAL. •APPLIES IF THE MEMBER OR EMPLOYEE WOULD BE REQUIRED TO REPORT THE RECEIPT OF INCOME. •THIS SECTION DOES NOT APPLY TO REIMBURSEMENTS FOR TRAVEL AND RELATED LODGING; SERVICES PROVIDED AS PART OF INDIVIDUAL’S BUSINESS OR EMPLOYMENT. FPPC REG 18932. GIFTS •PAYMENT CANNOT BE MADE BY ANY PERSON TO A PUBLIC OFFICIAL OF ANY THING OF VALUE, WHETHER TANGIBLE OR INTANGIBLE, REAL OR PERSONAL PROPERTY, A GOOD OR SERVICE WHEN THE OFFICIAL DOES NOT PROVIDE FULL CONSIDERATION FOR THE VALUE OF THE BENEFIT RECEIVED. GOV.CODE 82028. •EXCEPTIONS: •BOOKS, REPORTS, PAMPHLETS, ETC. •GIFTS NOT USED AND RETURNED TO DONOR WITHIN 30 DAYS AFTER RECEIPT OR SENT TO NON-PROFIT •GIFTS FROM CLOSE FAMILY MEMBERS, IF FAMILY MEMBER IS ACTING AS AGENT OR INTERMEDIARY FOR DONOR WHO IS NOT PART OF THIS PARAGRAPH. •CAMPAIGN CONTRIBUTIONS •ANY DEVISE OR INHERITANCE •PERSONALIZED PLAQUES OR TROPHIES LESS THAN $250. TRAVEL EXPENDITURES •TRAVEL PURSUANT TO GOV. CODE SEC. 89506 •PAYMENTS, ADVANCES, OR REIMBURSEMENTS FOR TRAVEL, INCLUDING LODGING AND TRANSPORTATION ARE NOT PROHIBITED IF EITHER OF THE FOLLOWING APPLIES: •1. TRAVEL IS IN CONNECTION WITH A SPEECH BY A LOCAL ELECTED OFFICEHOLDER •2. TRAVEL IS PROVIDED BY A GOVERNMENT, GOVERNMENT AGENCY, EDUCATION AGENCY, OR NONPROFIT ORGANIZATION •3. TRAVEL IS REASONABLY NECESSARY IN CONNECTION WITH BONA FIDE BUSINESS, TRADE, OR PROFESSION. •A GIFT OF TRAVEL PURSUANT TO GOV. CODE 89506 DOES NOT INCLUDE: •TRAVEL FROM CAMPAIGN FUNDS. •TRAVEL PROVIDED BY THE AGENCY OF A LOCAL ELECTED OFFICERHOLDER. •TRAVEL THAT IS REASONABLY NECESSARY IN CONNECTION WITH A BONA FIDE BUSINESS OR TRADE. MISUSE OF PUBLIC FUNDS •CAL. PEN. CODE 424 –EACH OFFICER AND EVERY PERSON CHARGED WITH THE RECEIPT, SAFEKEEPING, TRANSFER, OR DISBURSEMENT OF PUBLIC MONEYS, WHO EITHER: •1. WITHOUT AUTHORITY OF LAW, APPROPRIATES THE SAME, OR ANY PORTION THEREOF, TO HIS OR HER OWN USE, OR TO THE USE OF ANOTHER; OR •2. LOANS THE SAME OR ANY PORTION THEREOF; MAKES ANY PROFIT OUT O F OR USES THE SAME FOR ANY PURPOSE NOT AUTHORIZED BY LAW; •3. KNOWINGLY KEEPS ANY FALSE ACCOUNT, OR MAKES ANY FALSE ENTRY O R ERASURE IN ANY ACCOUNT OF OR RELATING TO THE SAME; OR •4. FRAUDULENTLY ALTERS, FALSIFIES, CONCEALS, DESTROYS, OR OBLITE RATES ANY ACCOUNT •5. WILLFULLY REFUSES OR OMITS TO PAY OVER, ON DEMAND, ANY PUBLIC MONEYS IN HIS OR HER HANDS, UPON THE PRESENTATION OF A DRAFT, ORDER OR WARRANT DRAWN UPON THESE MONEYS BY COMPETENT AUTHORITY OR •6. WILLFULLY OMITS TO TRANSFER THE SAME, WHEN TRANSFER IS REQUIR ED BY LAW; OR •7. WILLFULLY OMITS OR REFUSES TO PAY OVER TO ANY OFFICER OR PERS ON AUTHORIZED BY LAW TO RECEIVE THE SAME, ANY MONEY RECEIVED BY HIM OR HER UNDER ANY DUTY IMPOSED BY LAW SO TO PAY OVER THE SAME. •PENALTY: FELONY AND RELIEF FROM OFFICE. •EXAMPLE: PEOPLE V. BRADLEY 208 CAL.APP.4TH 64 (2012) •CAL. GOV. CODE 8314 –IT IS UNLAWFUL FOR ANY ELECTED STATE OR LOCAL OFFICER, INCLUDING ANY STATE OR LOCAL APPOINTEE, EM0PLOYEE, OR CONSULTANT, TO USE OR PERMIT OTHER TO USE PUBLIC RESOURCES FOR A CAMPAIGN ACTIVITY, OR PERSONAL OR OTHER PURPOSES WHICH ARE NOT AUTHORIZED BY LAW JACOBO V. BEST BEST & KRIEGER (2016) 2016 WL 4440401 •CITY COUNCIL FOR THE CITY OF BELL ADOPTED A RESOLUTION THAT APPROPRIATED FUNDS TO COMPENSATE COUNCIL MEMBERS FOR THEIR POSITIONS ON VARIOUS LOCAL BOARDS AND COMMISSIONS, AMOUNTING TO $95,000 IN ANNUAL COMPENSATION. LA DISTRICT ATTORNEY SENT CITY A LETTER EXPRESSING THAT THE COUNCIL MEMBERS’ COMPENSATION EXCEEDED THE STATUTORY LIMITS SET FORTH IN CAL GOV. CODE 36516. THE CITY ATTORNEY WROTE A LETTER STATING THAT THE COMPENSATION WAS LEGAL AND WITHIN THE CONFINES OF THE STATUTORY LIMITS. •LOS ANGELES DA CHARGED THE CITY COUNCIL WITH SEVERAL COUNTS OF M ISAPPROPRIATION OF PUBLIC FUNDS. IT ALSO FILED A CIVIL SUIT AGAINST PLAINTIFFS FOR WASTE OF PUBLIC FUNDS AND FRAUD. APPARENTLY SEVERAL OF THE BOARDS AND COMMISSIONS WERE “SHAM AGENCIES ESTABLISHED [SOLELY] TO AWARD [THE CITY COUNCIL] ADDITIONAL COMPENSATION.” EACH PLAINTIFF PLEADED GUILTY TO VIOLATING PENAL CODE 424. THIS CASE INVOLVES THE CIVIL ACTION BY THE CITY COUNCIL MEMBERS AGAINST THEIR CITY ATTORNEY. PROHIBITIONS AGAINST GIFTS OF PUBLIC FUNDS •CALIFORNIA CONST. ART. 16, §6: •PUBLIC OFFICIALS CANNOT GIVE, LEND OR AUTHORIZE THE PUBLIC’S FUNDS IN AID OF OR TO ANY PERSON, ASSOCIATION, OR CORPORATION, OR TO PLEDGE TO CREDIT PUBLIC FUNDS TO PAY THE DEBTS OR LIABILITIES OF ANY INDIVIDUAL, ASSOCIATION, OR CORPORATION.. •NOR SHALL THE PUBLIC LEGISLATURE HAVE POWER TO MAKE ANY GIFT OR AUTHORIZE THE MAKING OF ANY GIFT, OF ANY PUBLIC MONEY OR THING OF VALUE TO ANY INDIVIDUAL, MUNICIPAL OR OTHER CORPORATION WHATEVER. NEWSLETTER OR MASS MAILING •CAL. GOV. CODE 89001: NO NEWSLETTER OR OTHER MASS MAILING SHALL BE SENT AT PUBLIC EXPENSE. •CAL. GOV. CODE 54964: AN OFFICER, EMPLOYEE, OR CONSULTANT OF A LOCAL AGENCY MAY NOT EXPEND ANY OF THE FUNDS OF THE LOCAL AGENCY TO SUPPORT OR OPPOSE A BALLOT MEASURE, OR THE ELECTION OF A CANDIDATE BY THE VOTERS. •CAN USE PUBLIC FUNDS TO PROVIDE EDUCATIONAL INFORMATION ABOUT A BALLOT MEASURE. •DETERMINATION DEPENDS UPON FACTORS SUCH AS STYLE, TENOR, AND TIMING OF THE PUBLICATION. VARGAS V. CITY OF SALINAS (2009) 46 CAL.4TH 1. •ECONOMIC INTEREST DISCLOSURE UNDER THE POLITICAL REFORM ACT (CAL . GOV. CODE 87200) •BROWN ACT (CAL. GOV. CODE 54950 ET SEQ.) •PUBLIC RECORDS ACT (CAL. GOV. CODE 6250 ET SEQ.) •AB 1234 EXPENSE REIMBURSEMENT POLICIES •FPPC DISCLOSURE FORMS ECONOMIC INTEREST DISCLOSURE UNDER POLITICAL REFORM ACTS •CAL. GOV. CODE 87202: EVERY PERSON WHO IS ELECTED TO AN OFFICE SHALL, WITHIN 30 DAYS AFTER ASSUMING THE OFFICE, FILE A STATEMENT DISCLOSING HIS OR HER INVESTMENTS AND HIS OR HER INTEREST IN REAL PROPERTY HELD ON THE DATE OF ASSUMING OFFICE, AND INCOME RECEIVED DURING THE 12 MONTHS BEFORE ASSUMING OFFICE. •CAL. GOV. CODE 87203: EVERY PERSON WHO HOLDS AN OFFICE… SHALL, EACH YEAR AT A TIME SPECIFIED BY COMMISSION REGULATIONS, FILE A STATEMENT DISCLOSING HIS INVESTMENTS, HIS INTERESTS IN REAL PROPERTY AND HIS INCOME DURING THE PERIOD SINCE THE PREVIOUS STATEMENT FILED UNDER THIS SECTION OR SECTION 87202. THE STATEMENT SHALL INCLUDE ANY INVESTMENTS AND INTEREST IN REAL PROPERTY HELD AT ANY TIME DURING THE PERIOD COVERED BY THE STATEMENT, WHETHER OR NOT THEY ARE STILL HELD AT THE TIME OF FILING CHARITABLE FUNDRAISING •AN OFFICIAL OR CANDIDATE MUST DISCLOSE CHARITABLE CONTRIBUTIONS WHEN: •A PERSON OR BUSINESS DONATES $5,000 OR MORE IN A CALENDAR YEAR. •DONATION IS FOR A LEGISLATIVE, GOVERNMENTAL OR CHARITABLE PURPOSE. •DONATION IS MADE AT THE BEHEST OF THE PUBLIC OFFICIAL •I.E. THE PUBLIC OFFICIAL REQUESTS OR SUGGESTS THE DONATION, CONT ROLS THE DONATION, OR PLAYS A COOPERATING, CONSULTING, OR COORDINATING ROLE WITH RESPECT TO THE DONATION. BROWN ACT (CAL. GOV. CODE 54950 ET SEQ.) •THE BROWN ACT IS AN ACT THAT GUARANTEES THE PUBLIC’S RIGHT TO ATTEND AND PARTICIPATE IN MEETINGS OF LOCAL LEGISLATIVE BODIES. •ENSURES THAT MEETINGS ARE HELD PUBLICLY WITH CERTAIN EXCEPTIONS.CAL GOV. CODE 54953. •EXCEPTIONS: •NEGOTIATIONS FOR THE SALE OR PURCHASE OF PROPERTY (CAL. GOV. CODE 54956.8) •MEETING WITH LEGAL COUNSEL REGARDING LITIGATION ISSUES (CAL. GOV. CODE 54956.9) •THREATS TO THE SECURITY OF THE PUBLIC SERVICES AND RESOURCES (CAL. GOV. CODE 54957) •DISCUSSION OF SALARIES AND SALARY SCHEDULES OF PUBLIC EMPLOYEES (CAL. GOV. CODE 54957.6) •EMPLOYMENT OF PERSONNEL (CAL. GOV. CODE 54957(B)) •BEWARE “SERIAL MEETINGS”. PUBLIC RECORDS ACT (CAL. GOV. CODE 6250 ET SEQ.) •PROVIDES PUBLIC ACCESS TO INFORMATION THAT ENABLES THEM TO MONITOR THE FUNCTIONING OF THEIR GOVERNMENT. •TWO TYPES OF ACCESS: •1. PUBLIC RECORDS ARE OPEN TO INSPECTION AT ALL TIMES DURING THE OFFICES OF THE… LOCAL AGENCY AND EVERY PERSON HAS A RIGHT TO INSPECT ANY PUBLIC RECORD. •2. EXCEPT WITH RESPECT TO PUBLIC RECORDS EXEMPT FROM DISCLOSURE BY EXPRESS PROVISIONS OF LAW, EACH STATE OR LOCAL AGENCY, UPON A REQUEST FOR A COPY OF RECORDS THAT REASONABLY DESCRIBES AN IDENTIFIABLE RECORD OR RECORDS, SHALL MAKE THE RECORDS PROMPTLY AVAILABLE TO ANY PERSON UPON PAYMENT OF FEES COVERING DIRECT COSTS OF DUPLICATION, OR A STATUTORY FEE IF APPLICABLE. UPON REQUEST, AN EXACT COPY SHALL BE PROVIDED UNLESS IMPRACTICABLE TO DO SO. •EXCEPTIONS: •COMMON LAW PRIVILEGES SUCH AS ATTORNEY-CLIENT PRIVILEGE. •DOCUMENTS MADE IN SUPPORT OF ON -GOING LITIGATION •DOCUMENTS RELATING TO THE DELIBERATIVE PROCESS •PERSONAL PRIVACY DOCUMENTS AB 1234 EXPENSE REIMBURSEMENT POLICIES Ask: Are the expenses actual and necessary in the official’s performances of their official duties? Cal. Gov’t Code §53232.2. Local agencies must adopt expense reimbursement policies that specify which kinds of activities are reimbursable for their officials. Local Agencies must: -Use Expense report forms. -Identify a “reasonable time” within which these forms are submitted; and -Require that all expenses be documented with receipts. For More Information on Expenses, see EVWD’s Resolution 2014.08. FPPC DISCLOSURE FORMS •FORM 806 –USED TO REPORT ADDITIONAL COMPENSATION THAT OFFICIALS RECEIVE WHEN APPOINTING THEMSELVES TO POSITIONS ON COMMITTEES, BOARDS, OR COMMISSIONS •A PERSONAL FINANCIAL EFFECT: GOV’T DECISION IS ON PERSONAL FINAN CES OF PUBLIC OFFICIAL OR HIS OR HER IMMEDIATE FAMILY. •EX: CITY COUNCIL VOTES TO SERVE AS THE CITY’S HOUSING AUTHORITY.IF NEW POSITION GRANTS ADDITIONAL COMPENSATION, FORM 806 IS REQUIRED. •FORM 801-USED TO DISCLOSE PAYMENTS MADE TO AGENCY WHEN THE PAYMENTS ARE TO PROVIDE A PERSONAL BENEFIT TO AN OFFICIAL OF THE AGENCY. •PAYMENT TO AN AGENCY: NOT A GIFT OR INCOME TO THE OFFICIAL WHO RECEIVES THE USE OF THE PAYMENT IF (1) OFFICIAL AGENCY BUSINESS; (2) AGENCY HEAD CONTROLS USE OF PAYMENT INCLUDING THE SELECTION OF THE AGENCY OFFICIAL WHO WILL USE THE PAYMENT •EXAMPLE: BUSINESS ENTITY PAYS FOR AN AGENCY EMPLOYEE TO TRAVEL TO ATTEND AN INFORMATION SEMINAR ON SOLAR ENERGY IN WASHINGTON, D.C. •FORM 802 –USED BY A LOCAL GOVERNMENT AGENCY WHEN THEY RECEIVE ADMISSION TICKETS OR PASSES. •MUST DESCRIBE THE PUBLIC PURPOSE FOR DISTRIBUTING THE PASSES OR TICKETS. •TICKET OR PASS NOT SUBJECT TO PROVISIONS OF THIS REGULATION IF THE OFFICIAL TREATS THE TICKET OR PASS AS INCOME CONSISTENT WITH APPLICABLE STATE AND FEDERAL INCOME TAX LAWS. •COMMON LAW BIAS PROHIBITIONS •DUE PROCESS REQUIREMENTS •DOCTRINE OF INCOMPATIBLE OFFICES (CAL. GOV. 1099) COMMON LAW BIAS PROHIBITIONS •BIAS OR OTHER INTERESTS MAY STILL BE CONSIDERED A CONFLICT EVEN IF NOT CODIFIED. •PERSONAL INTEREST •OTHER INTERESTS MAY ALSO GIVE RISE TO PROHIBITIONS. •CLARK V. CITY OF HERMOSA BEACH 48 CAL.APP.4TH 1152 •BIAS BASED ON IDEOLOGY, PERSONAL DISLIKE OF ANOTHER, FACTS RECEIVED OUTSIDE OF A HEARING MAY GIVE RISE TO OTHER FORMS OF BIAS. DUE PROCESS REQUIREMENTS •CONSTITUTIONAL DUE PROCESS REQUIRES A DECISION -MAKER TO BE FAIR AND IMPARTIAL WHEN THE DECISION-MAKING BODY IS SITTING IN WHAT IS KNOWN AS A “QUASI-JUDICIAL” CAPACITY. •EXAMPLES: USE-PERMITS, PERSONNEL DISCIPLINARY ACTIONS, AND LICENSES. •MAKE SURE TO APPLY GENERALLY ADOPTED STANDARDS TO SPECIFIC SITUATIONS WHEN ACTING QUASI-JUDICIALLY. •EXAMPLES: PRECEDENCE, A PLAN, OR EVEN ADMINISTRATIVE DEFERENCE IN CERTAIN CIRCUMSTANCES. DOCTRINE OF INCOMPATIBLE OFFICES •CAL. GOV. CODE 1099: •A PUBLIC OFFICER CANNOT SIMULTANEOUSLY HOLD TWO PUBLIC OFFICES THAT ARE INCOMPATIBLE. •WHEN THE TWO PUBLIC OFFICES ARE INCOMPATIBLE, A PUBLIC OFFICER SHALL BE DEEMED TO HAVE FORFEITED THE FIRST OFFICE UPON ACCEDING TO THE SECOND. •OFFICES DETERMINED INCOMPATIBLE IF: •EITHER OF THE OFFICES MAY AUDIT, OVERRULE, REMOVE MEMBERS OF, DISMISS EMPLOYEES OF, ETC. •BASED ON THE POWERS AND JURISDICTION OF THE OFFICES, THERE IS A POSSIBILITY OF A SIGNIFICANT CLASH OF DUTIES OR LOYALTIES BETWEEN THE OFFICES. •PUBLIC POLICY CONSIDERATIONS MAKE IT IMPROPER FOR ONE PERSON TO HOLD BOTH OFFICES. •**THIS SECTION DOES NOT APPLY TO A POSITION OF EMPLOYMENT, INCLUDING A CIVIL SERVICE POSITION. EXAMPLE: PEOPLE V. CALDERON •THE COMPLAINT ALLEGES THAT MR. CALDERON HELD THE POSITION OF DIRECTOR AT THE WATER REPLENISHMENT DISTRICT OF SOUTHERN CALIFORNIA. •MR. CALDERON THEN WAS ELECTED TO THE CITY COUNCIL OF MAYWOOD, THEREBY HOLDING BOTH OFFICES AT THE SAME TIME. •THE CITY OF MAYWOOD IS FULLY WITHIN THE BOUNDARIES OF THE WATER REPLENISHMENT DISTRICT. •THE DISTRICT ATTORNEY SUED MR. CALDERON CLAIMING A BREACH OF SECTION 1099 AS HE HELD BOTH OFFICES AND THE OFFICES WERE INCOMPATIBLE TO ONE ANOTHER. ADDITIONAL RESOURCES •FAIR POLITICAL PRACTICES COMMISSION –WWW.FPPC.CA.GOV •ATTORNEY GENERAL –WWW.CAAG.STATE.CA.US •INSTITUTE FOR LOCAL GOVERNMENT –WWW.CA-ILG.ORG/AB1234COMPLIANCE