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Escondido Union HSD  |  E  9270  Board Bylaws

Conflict Of Interest   

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Regulations of the Fair Political Practices Commission Title 2, Division 6 of the California Code of Regulations 18730. Provisions of Conflict of Interest Codes

The Political Reform Act, Government Code 81000 requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission ("FPPC") has adopted a regulation, 2 CCR division 6, 18730 (hereinafter "CCR 18730"), which contains the terms of a standard conflict of interest code. It can be incorporated by reference and may be amended by the FPPC after public notice and hearings to conform to amendments in the Political Reform Act.

Therefore, the provisions of CCR 18730 and any amendments to it adopted by the FPPC are hereby incorporated by reference and along with the attached Appendix in which members and employees are designated and disclosure categories are set forth constitute the conflict of interest code of the Escondido Union High School 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. Upon receipt of these statements, the agency shall make and retain a copy and forward the original of these statements to the Clerk of the Board of Supervisors. The original statements for all other designated employees will be retained by the agency. The district's filing officer shall make the statements available for public review and inspection.

APPENDIX

Officials Who Manage Public Investments

It has been determined that persons occupying the following positions manage public investments and shall file a full statement of economic interests pursuant to Government Code 87200-87203:

Governing Board Members

Superintendent of Schools

Designated Positions and Disclosure Requirements

1. Persons occupying the following positions are designated employees in Category 1:

a. Assistant/Associate Superintendent

b. Purchasing Agent

Designated persons in this category must report:

a. 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.

b. Investments or business positions in or income from sources which are engaged in the acquisition or disposal of real property within the district, 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 Manufacture or sell supplies, books, machinery or equipment of the type used by the district.

2. Persons occupying the following positions are designated employees in Category 2:

a. Director

b. Principal

c. Assistant Principal

d. Benefits Specialist

e. Content Specialist

f. Risk Management Specialist

g. Information Systems Supervisor

h. Academic Dean

Designated persons in this category must report investments or business positions in or income from sources which:

a. Investments or business positions in or income 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.

b. 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 the purposes of this category, a principal's department is his/her entire school.

3. 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 any of several specified governmental decisions or 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 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 187001)

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

a. Approve a rate, rule or regulation;

b. Adopt or enforce a law;

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

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

e. Grant district approval to a contract or contract specifications which require district approval and in which the district is a party;

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

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

Exhibit ESCONDIDO UNION HIGH SCHOOL DISTRICT

version: August 26, 2008 Escondido, California

revised: May 20, 2014

revised: August 7, 2018