HomeMy WebLinkAboutRES NO OB001-12RESOLUTION NO. 06001- 1 2
A RESOLUTION OF THE OVERSIGHT BOARD TO THE
SUCCESSOR AGENCY OF THE DISSOLVED BAKERSFIELD
REDEVELOPMENT AGENCY ADOPTING A CONFLICT OF
INTEREST CODE FOR THE OVERSIGHT BOARD.
WHEREAS, the Oversight Board to the Successor Agency to the dissolved
Bakersfield Redevelopment Agency has been appointed pursuant to the
provisions of Health and 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 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 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.
SECTION 4. The code reviewing body for this conflict of interest code shall
be the City Council of the City of Bakersfield. Statements of economic interest
shall be filed by Oversight Board members with the Clerk of the City of
Bakersfield, or with the public entity located within Kern County that the
Oversight Board member represents.
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. Section 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 FPPC the 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.
5: \COU NCIL\ Resos \11- 12 \OversightBoard- AdoptConfl nterestCode.docx
PASSED AND ADOPTED by the Oversight Board at the first regular meeting held
on the 9th day of April, 2012.
---- - - - - -- 000---- - - - - --
ATTEST:
STATE OF CALIFORNIA
COUNTY OF KERN }
CITY OF BAKERSFIELD }
I, ROBERTA GAFFORD, Acting Secretary to the Oversight Board, hereby
certify that the foregoing resolution was duly adopted at the first regular
meeting of the Oversight Board, on the 9th day of April, 2012.
AY BOARD MEMEBERS: BURROW, HITCHCOCK, QUIRING BUR E, TANDY TEGLIA
NOES: BOARD MEMBERS:
ABSENT: BOARD MEMMBERS:
7
ROBERTA GAFFORD, A g Secretary
APPROVED
APR 0 9 2012
CHAIR, Oversight
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
B 7'
SHUA H. RUDNICK
Deputy City Attorney II
JHR /vl
S: \COU NCI L \Resos \11- 12 \OversightBoa rd- AdoptConfl nterestCod e.docx