RESOLUTION NO.
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL IMPROVEMENT DISTRICT APPROVING THE APPENDIX DATED SEPTEMBER 16, 2024 TO UPDATE THE DESIGNATED POSITIONS IN THE CONFLICT OF INTEREST
CODE AND TO FORMALIZE THE DESIGNATED POSITIONS REQUIRED TO PARTICIPATE IN AB 1234 ETHICS TRAINING
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, the Political Reform Act of 1974 (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 a regulation (2 Cal. Code of Regulations Section 18730), which contains the terms of a standard Conflict of Interest Code and can be incorporated by reference in an agency’s code. After public notice and hearing, it may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act; and
WHEREAS, therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendix, designating officials and employees and establishing disclosure categories, shall constitute the Conflict of Interest Code of the Estero Municipal Improvement District; and WHEREAS, designated officials and employees shall file statements of economic interests with the District Secretary or her designee for the Estero Municipal Improvement District, who will make the statements available for public inspection and reproduction (Government Code Section 81008). The District Secretary or her designee will retain statements for all designated officials and employees; and WHEREAS, by adopting Resolution No. 1751 on February 7, 1983, this District Board adopted a Conflict of Interest Code for the Estero Municipal Improvement District, by adopting by reference, the terms of 2 Cal. Code of Regulations 18730, as may, from time to time be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act, and by also approving as an APPENDIX thereto, disclosure categories for certain designated positions with the Estero Municipal Improvement District; and
WHEREAS, the APPENDIX containing the disclosure categories for the designated positions reflects current personnel status; and WHEREAS, the Conflict of Interest Code has been reviewed and the changes shown as strikeout and bold are proposed;
WHEREAS, AB 1234 (Government Code section 53235) requires certain legislative bodies that receive compensation, salary or stipend to member of a legislative body, to or are reimbursed expenses incurred by a member of the legislative body in the performance of their official duties are required to receive two hours of training in general ethics principles and ethic laws every two years. Currently the Board of Directors and the Planning Commission are required to receive the ethics training although historically, the District Manager, District Legal Counsel and Assistant District Legal Counsel also receive the training.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL IMPROVEMENT DISTRICT, that this District Board, as code reviewing body for the Estero Municipal Improvement District, has determined that the attached Conflict of Interest Code and Appendix attached the accurately sets forth those positions which should be designated and the categories of financial interests which should be made reportable for each position; and
BE IT FURTHER RESOLVED, that the Board of Directors hereby designates all of the positions listed in the APPENDIX, in addition to the District Manager and District Legal Counsel, to be required to participate in the AB 1234 bi-annual training.
BE IT FURTHER RESOLVED that all former resolutions or parts thereof conflicting or inconsistent with the provisions of this resolution are hereby repealed.
PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 16th day of September, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
PATRICK SULLIVAN, PRESIDENT
ATTEST:
PRISCILLA SCHAUS, DISTRICT SECRETARY