DATE: November 24, 2020
TO: Board of Supervisors
SUBMITTED BY: Delfino E. Neira, Director, Department of Social Services
Joy Moreno, Executive Director, In-Home Supportive Services Public Authority
SUBJECT: Approval of the Fresno County In-Home Supportive Services Public Authority Conflict of Interest Code
RECOMMENDED ACTION(S):
TITLE
Sitting as the Fresno County In-Home Supportive Services Public Authority Governing Board:
Approve the amended Conflict of Interest Code for the Fresno County In-Home Supportive Services Public Authority.
Sitting as the County of Fresno Board of Supervisors:
Approve the amended Conflict of Interest Code for the Fresno County In-Home Supportive Services Public Authority.
REPORT
Approval of the recommended actions will formally update the Conflict of Interest Code for the Fresno County In-Home Supportive Services (IHSS) Public Authority designated officers.
ALTERNATIVE ACTION(S):
There are no viable alternative actions. Should your Board elect not to approve the recommended actions, the IHSS Public Authority will not be able to comply with the Fresno County 2020 Biennial Review Notice requesting local agencies to update their Conflict of Interest Codes.
FISCAL IMPACT:
There is no increase in Net County Cost associated with the recommended actions.
DISCUSSION:
The Political Reform Act prohibits public officials from using their official position to influence a governmental decision in which they have a financial interest. Agencies must adopt a conflict of interest code that identifies all officials and employees within the agency who make governmental decisions based on the positions they hold, and specifies which categories they must disclose any financial interest in. These positions and categories are typically defined in Exhibits to the code. Agencies are required to review their codes every two years. When an agency determines its code requires an amendment, the Clerk of the Board and County Counsel perform a review to ensure that all changes are legally acceptable.
On October 22, 2019, your Board approved a standardized Model Conflict of Interest Code (Model COI Code) to be used by all Fresno County local agencies as recommended by the Clerk of the Board. Requiring agencies to adopt the standard code will reduce the time the Clerk’s office and County Counsel spend on reviewing amended codes, as they will only need to review Exhibits A and B instead of the full Conflict of Interest Code.
In July 2020 the Clerk of the Board sent the mandated Biennial Review Notice to all local agencies requesting they update their code to the approved standard Model COI Code. Your Board’s approval of this updated code for the IHSS Public Authority adheres to your requirement that all Fresno County local agencies adopt the standardized code language.
The IHSS Public Authority’s Conflict of Interest Code has not required an amendment since its adoption by your Board on March 22, 2011.
REFERENCE MATERIAL:
BAI #23, October 22, 2019
BAI #20, March 22, 2011
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk - COI Code for the IHSS Public Authority
CAO ANALYST:
Ronald Alexander