HomeMy WebLinkAbout91-021Resolufion No. 91.21
RESOLUTION OF BUTTE COUNTY BOARD OF SUPERVISORS
ADOPTING PROCEDURE AND STANDARDS FOR REQUESTING
EXEMPTION FROM G.C. SECTION 87300
WHEREAS, Government Code Section 87300 requires that every
agency shall adopt and promulgate a Conflict of Interest Code.
WHEREAS, Regulation 18751 of the Fair Political Practices
Commission, Title 2, Division 6 of the California Code of
Regulations, sets forth a procedure and standards for requesting
exemption from the requirement of Government Code Section 87300.
WHEREAS, said Regulation 18751 encourages other code reviewing
bodies to adopt the same or similar procedure and standards for
requesting exemption.
WHEREAS, pursuant to Government Code Section 82011(b) the
board of supervisors is the Conflict of Interest Code reviewing
body as to local government agencies, other than city agencies,
with jurisdiction wholly within Butte County.
NOW, THEREFORE, BE IT RESOLVED, that the Butte County Board
of Supervisors hereby adopts Regulation 18751 of the Fair Political.
Practices Commission as the Butte County procedure and regulations
for requesting exemption from Government Code Section 87300, hereby
designates the Board of Supervisors as the code reviewing body in
each instance where Regulation 18751 refers to the Fair Political
Practices Commission, and adopts and approves the form attached
hereto as Exhibit "A" as the "Request far Exemption" foYm.
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PASSED AND ADOPTED by the Butte County Board of Supervisors
this 26th day of Februar , 1991 by the following vote:
AYES: Supervisors hlcInturf, Campbel], McLaughlin, Fulton and Chair Dolan
NOES: None
ABSENT: None
NOT VOTING: None
ATTEST:
WII,LTAM H. RAI3DOLPH, Chief
and Cler of the Bo rd of Supervisors
By:
E+XHTB~T irAn
REQUEST__FOR EXEMPTION FROM,REOUIREMENT
TO ADOPT CONFLICT OF INTEREST CODE
To: Board of Supervisors
From:
The above local government agency, which is located wholly
within the County of Butte, hereby requests the Board of
Supervisors of the County of Butte to grant it an exemption from
the requirement of Government Code Section 87300 to adopt a
Conflict of Interest Code.
The basis for this request is that (check the one appropriate
box)
[~ If this agency were to adopt a Conflict of Interest Code,
there would be no "designated employee" subject ~to its
provisions because all of the following apply:
(1) The agency does not have regulatory, quasi-regulatory,
permit, licensing ar planning authority or functions;
(2) The agency will not acquire real property in the
foreseeable future;
(3 ) The annual operating budget exclusive of salaries for the
agency is less than $70,000; and
(4) The documentation in support of this request is attached
as required by Fair Political Practices Commission (FPPC)
Regulation 18751(fj.
This agency is, or soon will be, inoperative and
nonfunctioning, and the documentation in support of this
request is attached as required by FPPC Regulation 18751(8).
Dated:
Agency
By:
Name
Title (Chief Executive Officer
or Legal Representative of
Agency )
(Regulations of the Fair Political Practices Commission
Title 2, Division 5 of the California Cade of Regulations)
18751. Procedure and Standards ,.for Requestina Exemption from
Government Cade Section 8730„0, Requirina Adoption and
Promul ation of a Conflict of interest Code
{a) This section sets forth the procedure and standards
by which the Board of Supervisors will review a request far an
exemption to Government Code Section 87300 from an agency for which
the Board is the code reviewing body. Nothing in this section
shall be construed to mean that a government agency is not required
to adopt a conflict of interest code if it has not requested and
been granted an exemption.
(b) An agency may submit a request to the Board of
Supervisors for exemption from the provisions of Government Code
Section 87300 requiring adoption and promulgation of a conflict of
interest code. The term "agency" as used in this section means
any local government agencies, other than city agencies, with
jurisdiction wholly within Butte County.
(c) A request for exemption shall be approved by the
code reviewing body only if it finds:
(1) That if the agency requesting the exemption
were to adopt a conflict of interest code, there would
be no "designated employees," within the meaning of
Government Code Sections 82019 and 87302{a), subject to
its provisions; or
(2) That the agency is, or soon will be,
inoperative and nonfunctioning.
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(d) An exemption to Government Code Section 87300 may
be granted to an agency when there would be no "designated
employees" within the meaning of Government Code Sections 82019 and
87302{a) because all of the following apply:
(1) The agency does not have regulatory, quasi-
regulatory, permit, licensing or planning authority or
functions;
(2) The agency will not acquire real property in
the foreseeable future; and
(3} The annual operating budget exclusive of
salaries for the agency is less than $70,000.
(e) In all other circumstances, the code reviewing body
will consider the requests far exemption on a case by case basis.
(f} A request for exemption under subsection (c)(1}
shall be signed by the chief executive officer or a legal
representative of the agency and shall be accompanied by:
(1) A list of every position in the agency,
including each officer, employee, member and consultant
with the agency;
{ 2 ) A copy of the job description for each position
listed in subsection (1) above;
(3) A copy of the statutory authority under which
the agency was created with specific citations to the
provisions setting forth the duties and responsibilities
of the agency;
(4) Identification of the person or body to whom
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the agency reports;
{5) A copy of the last annual or regular report
submitted by the agency to the person or body to whom the
agency reports;
{6) A detailed justification of the request far
exemption including an explanation of why none of the
positions listed in subsection (1) above are designated
employees. Tn preparing this justification, particular
note should be taken of Government Code Section 8219.
(g) A request for exemption under section {c) (2) sha11
be signed by the chief executive officer or a legal representative
of the agency and shall be accompanied by:
(1) A copy of the statutory or legal authority
under which the agency ceased, or soon wi11 cease, to
operate or function;
(2) The date, time and place of the last meeting
of the agency;
(3) Identification of the positions and names of
any staff who continue to work for or represent the
agency, whether salaries or unsalaried; and
(4) A detailed explanation of the reasons the
agency is, or soon will be, inoperative and
nonfunctioning.
(h) An original and two copies of the request for
exemption with attachments shall be submitted to the code reviewing
body.
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(i} Within 90 days after receiving the request for
exemption, the code reviewing body shall:
(1) Approve the request;
(2) Deny the request; or
(3) Return the request for additional information
and resubmission within 60 days. Upon resubmission, the
code reviewing body shall, within 60 days, either approve
the request far exemption or deny the request.
(j) When a request for exemption is approved, the code
reviewing body shall issue an exemption letter and transmit it to
the requesting agency.
(k) When a request for exemption is denied, the code
reviewing body shall .issue a letter denying the request for
exemption, transmit it to the requesting agency, and establish a
new deadline by which the agency requesting the exemption shall
submit a proposed conflict of interest code to the code reviewing
body.
(1} In considering a request for exemption, unless
otherwise provided herein, the code reviewing body shall be
governed by the provisions of 2 Cal Adm. Code Section 18750.
(Government Code Sections 87300, et. sect ._)
History: (1) New section filed 7/28/76; effective
8/27/76.
(2} Amendment filed 3/3/81.; effective 4/2/86.
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