HomeMy WebLinkAboutOSB Resolution 2012-02 04/25/2012 Resolution No. 2012-02
Petaluma Oversight Board to the
Successor Agency of the Former
Petaluma Community Development Commission
ADOPTING A CONFLICT OF INTEREST CODE FOR THE OVERSIGHT BOARD
WHEREAS, the Oversight Board to the Successor Agency to the dissolved Petaluma
Community Development Commission has been appointed pursuant to the provisions of
Health &Safety Code Section 34179; and,
WHEREAS, the Oversight Board is deemed a local entity for purposes of the Political
Reform Act; and,
WHEREAS, pursuant to the Political Reform Act and regulations promulgated
thereunder by the Fair Political Practices Commission ("FPPC"), a newly established local
entity is required to adopt a conflict of interest code; and,
WHEREAS,the Oversight Board finds and determines that 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.
NOW, THEREFORE, BE IT RESOLVED by the Oversight Board as follows:
SECTION 1. 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 5 of this
Resolution, collectively constitutes the 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 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 this Resolution shall supersede the independent applicability of Government
Code Section 87200.
SECTION 2. 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 3. The following are the designated Board positions, the holders of
which shall be required to file statements of economic interests: Oversight Board
members.
Resolution No.2012-02 Page 1
SECTION 4. The code reviewing body for this conflict of interest code shall be the
City Council of the City of Petaluma. This conflict of interest code shall be promptly
submitted after its adoption by the Recording Secretary to the Clerk of the City Council.
Statements of economic interests shall be filed by Oversight Board members with the Clerk
of the Petaluma City Council.
SECTION 5. The Board finds and determines that the persons holding the
positions set forth in Section 3 make or participate in the making of decisions which may
foreseeably have a material effect on financial interests.
SECTION 6. Each person holding a designated position set forth in Section 3 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 as 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 7. Sections 3 and 6 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 8. 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 the FPPC regulations, Title 2 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 9. 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.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Petaluma Oversight Board to the Successor
Agency of the Former Petaluma Community Development Commission at a Regular meeting on the 25'11 day of April,
2012,by the following vote:
AYES: Davis;Duiven;Chair Flealy; Herrington;Jolley;Vice Chair Rahbitt; Scharer
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: emetic 4_2 1
Recording Secretary Chair
Resolution No.2012-02 JJJVAA Page 2