San Bernardino header
File #: 2871   
Type: Consent Status: Passed
File created: 9/8/2020 Department: County Counsel
On agenda: 9/15/2020 Final action: 9/15/2020
Subject: Conflict of Interest Codes on File with the Clerk of the Board of Supervisors
Attachments: 1. Item #35 Executed BAI

REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS

OF THE COUNTY OF SAN BERNARDINO

AND RECORD OF ACTION

 

September 15, 2020

 

FROM

MICHELLE D. BLAKEMORE, County Counsel

         

SUBJECT                      

Title                     

Conflict of Interest Codes on File with the Clerk of the Board of Supervisors

End

 

RECOMMENDATION(S)

Recommendation

1.                     Approve new Conflict of Interest Code for Summit Leadership Academy as on file with the Clerk of the Board of Supervisors.

2.                     Approve amended Conflict of Interest Code for the County of San Bernardino, to account for a new position, as on file with the Clerk of the Board of Supervisors.

(Presenter: Michelle D. Blakemore, County Counsel, 387-5455)

Body

 

COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES

Improve County Government Operations.

Operate in a Fiscally-Responsible and Business-Like Manner.

Ensure Development of a Well-Planned, Balanced, and Sustainable County.

Pursue County Goals and Objectives by Working with Other Agencies.

 

FINANCIAL IMPACT

Approval of this item will not result in the use of additional Discretionary General Funding (Net County Cost) as the item is non-financial in nature.

 

BACKGROUND INFORMATION

State law requires all public agencies to adopt a conflict of interest code. The Conflict of Interest Code of each agency identifies those positions that are required to disclose financial interests annually on the Form 700. The Board of Supervisors (Board) is also the code reviewing body for local government agencies, other than cities, located entirely within the geographical jurisdiction of the County. Education Code Section 47604.1 was amended as of November 18, 2019 to require that a charter school and the entity managing a charter school are subject to the Political Reform Act of 1974. As a result, California public charter schools are subject to the requirement to adopt a conflict of interest code. Additionally, California Government Code Section 87303 states, no conflict of interest code shall be effective until it has been approved by the code reviewing body. The new Conflict of Interest Code for Summit Leadership Academy is being submitted for approval under Recommendation No. 1 pursuant to these statutory requirements. 

 

Each agency shall submit a proposed conflict of interest code to the code reviewing body by the deadline established by the code reviewing body. The deadline for a new agency shall be no later than six months after it comes into existence. State law also allows for an agency to amend its Conflict of Interest Code at any time.

 

The County is also required to periodically review and amend its own Conflict of Interest Code to account for new positions and title changes. The amended San Bernardino County Conflict of Interest Code is being submitted under Recommendation No. 2.

 

The position being amended is as follows:

 

Department

Action

Position

Disclosure Category

Aging and Adult Services

Add

Program Manager

2

 

PROCUREMENT

N/A

 

REVIEW BY OTHERS

This item has been reviewed by County Counsel (Adam Ebright, Deputy County Counsel, 387-3061) on August 21, 2020; the Clerk of the Board of Supervisors (Lynna Monell, Clerk of the Board, 387-3841) on August 21, 2020; Finance (Carl Lofton, Administrative Analyst, 387-5404) on August 28, 2020; and County Finance and Administration (Kelly Welty, Deputy Executive Officer, 387-5423) on August 28, 2020.