COUNCIL OF GOVERNMENTS - M. GILBERT

Adopt Resolution approving the Council of Governments' amended Conflict of Interest Code, designating the Measure G Transportation Safety and Investment Plan Oversight Committee as an advisory body whose members are required to file statements of economic interest.

SBC FILE NUMBER: 1035

RESOLUTION NO: 2019-105

The Political Reform Act (Government Code Section 81000, et seq.) requires every state or local government agency to adopt and promulgate a conflict of interest (COI) code.  An agency's COI code must be revised periodically, to reflect changes in designated positions, advisory boards, commissions, committees and other advisory bodies, and consultants.

Before amendments to a local government agency's COI code can take effect, they must be approved by the agency's "code reviewing body", under Government Code section 87303.  The code reviewing body must either: 1) approve the amended COI code as submitted; 2) revise the amended COI code and approve it as revised; or 3) return the amended COI code to the agency for its revision and resubmission.  When the code reviewing body approves an amended COI code, it shall be deemed adopted and promulgated by the local government agency.

Under Government Code section 82011(b), the Board of Supervisors is the code reviewing body for the Council of San Benito County Governments (COG).  COG previously adopted the Fair Political Practices Commission's model conflict of interest code and has previously designated certain officials and advisory bodies required to file statements of economic interests.  The Board of Supervisors has approved these previous versions of COG's COI Code.

At its September 2019 meeting, COG adopted Resolution 19-07, amending its conflict of interest code to add the Measure G Transportation Safety and Investment Plan Oversight Committee as an advisory body whose members are required to file statements of economic interest.  Measure G is reflected in COG Ordinance 2018-01 and the Transportation Safety and Investment Plan that was approved by San Benito County voters on November 6, 2018. The Measure calls for a citizens' oversight committee, to be comprised of San Benito County citizens, to oversee compliance with the Measure G Ordinance.  COG appointed the oversight committee members at its June 2019 meeting.

A copy of COG Resolution 19-07, amending COG's conflict of interest code to add the Measure G Transportation Safety and Investment Plan Oversight Committee is attached.  COG is requesting that the Board of Supervisors adopt a Resolution, approving COG's amended Conflict of Interest Code.

Adopt Resolution approving the Council of Governments' amended conflict of interest code and authorize the Chair to sign it.