Kings Canyon Unified School District

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Public Notice

Kings Canyon SD

Exhibit

Conflict Of Interest

 

E 9270

Board Bylaws

 

RESOLUTION ADOPTING A

CONFLICT OF INTEREST CODE

 

WHEREAS, the Political Reform Act, Government Code 87300-87313, requires each public agency in California to adopt a conflict of interest code; and

 

WHEREAS, the Governing Board of the Kings Canyon Unified School District has previously adopted a local conflict of interest code; and

 

WHEREAS, past and future amendments to the Political Reform Act and implementing regulations may require conforming amendments to be made to the district's conflict of interest code; and

 

WHEREAS, a regulation adopted by the Fair Political Practices Commission, 2 CCR 18730, provides that incorporation by reference of the terms of that regulation, along with an agency-specific appendix designating positions and disclosure categories shall constitute the adoption and amendment of a conflict of interest code in conformance with Government Code 87300 and 87306; and

 

WHEREAS, the Kings Canyon Unified School District has recently reviewed its positions, and the duties of each position, and has determined that changes and updates to the current conflict of interest code are necessary; and

 

WHEREAS, any earlier resolutions, bylaws, and/or appendices containing the district's conflict of interest code shall be rescinded and superseded by this resolution and Appendix; and

 

NOW THEREFORE BE IT RESOLVED that the Kings Canyon Unified School District Governing Board adopts the following Conflict of Interest Code including its Appendix of Designated Employees and Disclosure Categories.

 

PASSED AND ADOPTED THIS 23rd day of October, 2018 at a meeting, by the following vote:

 

AYES: 5                                  NOES: 0                       ABSENT: 2              

 

Attest:

Noel Remick

President

 

 

Conflict of Interest Code of the Kings Canyon Unified School District

 

The Political Reform Act (Government Code Section 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 Regs. Section 18730) that contains the terms of a standard conflict-of-interest code and may be incorporated by reference in an

agencys code.  After public notice and hearing, the standard code may be amended by the Fair

Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference.  This regulation and the  attached  Appendices  designating  positions  and  establishing  disclosure requirements shall constitute the conflict-of-interest code of Kings Canyon Unified School District (District).

 

Governing Board members and designated employees shall file a Statement of Economic Interest/Form 700 in accordance with the disclosure categories listed in the attached Appendix A and B.  The Statement of Economic Interest shall be filed with the district's filing officer and/or, if so required, with the district's code reviewing body. 

 

The district’s filing officer shall retain a copy of any/all electronically filed Form 700s, a copy of all paper Form 700s with waivers and the original Form 700s of designated positions and shall make the Form 700s available for public review, inspection, and reproduction.  (Gov. Code section 81008.)

 

The provisions of all Conflict of Interest Codes and amendments thereto previously adopted by the Agency are hereby superseded.


 

APPENDIX A

 

Public Officials Who Manage Public Investments

 

It has been determined that positions listed below manage public investments and will file a statement of economic interests pursuant to Government Code Section 87200. These positions are listed for informational purposes only:

 

Governing Board Members

Superintendent of Schools

 

Designated Position                                                                          Disclosure Category

 

Governing Board Members                                                                1

Superintendent of Schools                                                                 1

 

Deputy Superintendent                                                                       2

Assistant Superintendent Curriculum & Instruction                            2

Chief Financial Officer                                                                        2

Student Service Administrator                                                            2

Education Program Administrator                                                       2

Purchasing Manager                                                                           2

 

Director of Fiscal Services                                                                  3

Director of Food Services/Warehouse                                                3

Director of Maintenance                                                                      3

Director of Technology                                                                        3

Director of Transportation                                                                   3

Principal                                                                                              3

Executive Assistant to Superintendent/Board                                     3

 

Disclosures for Consultants

 

Consultants are designated employees who must disclose financial interests as determined on a case-by-case basis by the Superintendent or designee.  The Superintendent or designee's written determination shall include a description of the consultant's duties and a statement of the extent of disclosure requirements based upon that description.  All such determinations are public records and shall be retained for public inspection along with this conflict of interest code.

 

A consultant is an individual who, pursuant to a contract with the district, makes a governmental decision whether to:  (2 CCR 18701)

 

  1. Approve a rate, rule, or regulation

 

  1. Adopt or enforce a law

 

  1. Issue, deny, suspend, or revoke a permit, license, application, certificate, approval, order, or similar authorization or entitlement

 

  1. Authorize the district to enter into, modify, or renew a contract that requires district approval

 

  1. Grant district approval to a contract that requires district approval and in which the district is a party, or to the specifications for such a contract

 

  1. Grant district approval to a plan, design, report, study, or similar item

 

  1. Adopt or grant district approval of district policies, standards, or guidelines

 

A consultant is also an individual who, pursuant to a contract with the district, serves in a staff capacity with the district and in that capacity participates in making a governmental decision as defined in 2 CCR 18702.2 or performs the same or substantially all the same duties for the district that would otherwise be performed by an individual holding a position specified in the district's conflict of interest code.  (2 CCR 18701)


 

 

APPENDIX B

 

DISCLOSURE CATEGORIES

 

Individuals holding designated positions must report their interests according to their assigned disclosure category(ies).

 

  1. Full Disclosure Category 1: A person designated Category 1 shall disclose:
  2. Interests in real property located entirely or partly within district boundaries, or within two miles of district boundaries, or of any land owned or used by the district.
  3. Investments, business positions, and sources of income, including gifts, loans, and travel payments.

 

  1. Disclosure Category 2: A person designated Category 2 shall disclose:
  2. Interests in real property located entirely or partly within district boundaries, or within two miles of district boundaries, or of any land owned or used by the district. Such interests include any leasehold, beneficial or ownership interest or option to acquire such interests in real property.
  3. Investments or business positions in or income, including gifts, loans, and travel payments, from sources which:

(1) Are engaged in the acquisition or disposal of real property within the district,

(2) Are contractors or subcontractors which are or have been within the past two years engaged in work or services of the type used by the district, or

(3) Manufacture or sell supplies, books, machinery, or equipment of the type used by the district.

 

  1. Disclosure Category 3: A person designated Category 3 shall disclose:
  2. Interdsts, investments or business positions in or income, including gifts, loans, and travel payments, from sources which are contractors or subcontractors engaged in work or services of the type used by the department which the designated person manages or directs. For purposes of this category, a principal’s department is their entire school.

or

  1. Investments or business positions in or income from sources which manufacture or sell supplies, books, machinery, or equipment of the type used by the department which the designated person manages or directs. For purposes of this category, a principal’s department is their entire school.

 

Exhibit KINGS CANYON JOINT UNIFIED SCHOOL DISTRICT

Version:  February 8, 2011    Reedley, California

Revised:  October 23, 2018    Reedley, California