Notice of Intention to Amend the COI Code

Thursday, Jan 31, 2019


NOTICE IS HEREBY GIVEN that the West Kern Water District (District), pursuant to the authority vested in it by section 87306 of the Government Code, proposes amendment to its conflict of interest code.  A comment period has been established commencing on February 8, 2019 and closing on March 26, 2019. All inquiries should be directed to the contact listed below.  

The District proposes to amend its conflict of interest code to include employee positions that involve the making or participation in the making of decisions that may foreseeably have a material effect on any financial interest, as set forth in subdivision (a) of section 87302 of the Government Code.  The amendment carries out the purposes of the law and no other alternative would do so and be less burdensome to affected persons.  

Changes to the conflict of interest code include: 

  1. Removal of designations of the Finance Director and Board of Directors as “public officials who manager public investments,” required to file Form 700s pursuant to Government Code 87200. Upon review, the District concluded that no current directors or staff qualify as “public officials who manage public investments,” as that term is defined by FPPC regulations. (2 CCR 18700.3.) In particular, directors and staff are not asked to make investment decisions for the purpose of generating returns. (2 CCR 18700.3, subd. (c).); and 
  2. Updated disclosure categories that were suggested by the FPPC in previous preliminary reviews for similarly situated districts also represented by this office, and also makes other technical changes.  

The proposed amendment and explanation of the reasons can be obtained by sending a request to Joe Hughes at jhughes@kleinlaw.com or Simona Hayes at shayes@kleinlaw.com.

Any interested person may submit written comments relating to the proposed amendment by submitting them no later than March 26, 2019, or at the conclusion of the public hearing, if requested, whichever comes later.  At this time, no public hearing is scheduled.  A person may request a hearing no later than March 11, 2019.  

The District has determined that the proposed amendments:

  1. Impose no mandate on local agencies or school districts.
  2. Impose no costs or savings on any state agency.
  3. Impose no costs on any local agency or school district that are required to be reimbursed under Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
  4. Will not result in any nondiscretionary costs or savings to local agencies.
  5. Will not result in any costs or savings in federal funding to the state.
  6. Will not have any potential cost impact on private persons, businesses or small businesses.

All inquiries concerning this proposed amendment and any communication required by this notice should be directed to: 

        Klein DeNatale Goldner, LLP
        General Counsel, West Kern WD
        c/o Joseph D. Hughes
        4550 California Ave, 2nd Floor
        Bakersfield, CA 93308

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