V y San Diego Unified Port District Document No.. 5ool. / CONFLICT OF INTEREST CODE Office OF THE SAN DIEGO UNIFIED PORT DISTRICT Filed. AI)fi07'?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.
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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
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
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
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
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San Diego Unified Port District
Conflict of Interest Code
Appendix A
List of Designated Employees
Class No. Class Title Assigned Disclosure Categories
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
San Diego Unified Port District
Conflict of Interest Code
Appendix A
List of Designated Employees
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
San Diego Unified Port District
Conflict of Interest Code
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
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San Diego Unified Port District
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
San Diego Unified Port District
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
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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
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ACTION TAKEN: 08-05-08 - Ordinance 2513
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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
San Diego Unified Port District
Conflict of Interest Code
Appendix A
List of Designated Employees
Attachment to Agenda Sheet No. 14
Class No. Class Title Assigned Disclosure Categories
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
Systems Support Supervisor Technology Services Supervisor Training & Organization Development Specialist Training Administration Coordinator Vice President Vice President, Administration/ CAO
Attachment to Agenda Sheet No. 14 San Diego Unified Port District
Conflict of Interest Code
Appendix A
List of Designated Employees
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
Attachment to Agenda Sheet No. 14
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
Attachment to Agenda Sheet No. 14
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
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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