TO: Board of Supervisors
FROM: Jennifer Yasumoto, Director of Health and Human Services Agency
REPORT BY: Tara Blakley, Aging and Disability Program Manager
SUBJECT: Adopt a Resolution Amending the In-Home Supportive Services (IHSS) Public Authority’s Conflict of Interest Code
RECOMMENDATION
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Adopt a Resolution amending the In-Home Supportive Services Public Authority Conflict of Interest Code. (No Fiscal Impact; Discretionary)
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BACKGROUND
In 1974, the voters of California approved the Political Reform Act of 1974 (Act), Government Code Section 81000 et seq. Among other things, the Act requires every agency to adopt and promulgate a conflict of interest code (Government Code Section 87300). For this purpose, “agency” includes any local government agency. An agency may adopt its code by incorporating by reference the model conflict of interest code set forth in Section 18730 of Title 2 of the California Code of Regulations.
In each county, the Board of Supervisors, in this case acting as the Governing Board of Directors of the IHSS Public Authority, is the “code-reviewing body” of any local agency, other than a city located entirely within the boundaries of the county, per Government Code Section 82011(b). Additionally, Government Code Section 87303 provides that no conflict of interest code is effective until it has been approved by the code-reviewing body.
Authority Counsel has reviewed the IHSS Public Authority Conflict of Interest Code, last updated May 2, 2023, and determined that an amendment is necessary to change the filing officer from the Public Authority Director to the Election Division of the Assessor-Recorder-County Clerk, consistent with other special districts. Authority Counsel recommends that the IHSS Public Authority approve the amended Conflict of Interest Code and directs the Clerk of the Board/Secretary of the Authority to give notice of its actions to this affected local agency.
Procedural Requirements:
1. Open Public Hearing
2. Staff Report
3. Public Comment
4. Close Public Hearing
5. Motion, second, discussion, and vote to Adopt Resolution
Recommended Action:
Adopt a Resolution amending the In-Home Supportive Services Public Authority Conflict of Interest Code
FISCAL & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
No |
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Is the general fund affected? |
No |
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Consequences if not approved: |
Conflict of Interest Code will not be consistent with other Special Districts. |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by 14 California Code of Regulations 15378 (State CEQA Guidelines) and therefore CEQA is not applicable.