Ordinance No 32
Defines Conflict of Duty And Establishes Board of Directors Guidelines Where Such Conflicts May Exist

BE IT ENACTED by the Board of Directors of the Bolinas Community Public Utility District (BCPUD) as follows:

WHEREAS, the community of Bolinas is small in population, being of less than 2,000 persons; and

WHEREAS, there exists in the community of Bolinas numerous local governmental agencies and locally active non-profit corporations; and

WHEREAS, it is often necessary and in the public interest that the same individual sit on the board of more than one such agency, or corporation at the same time; and

WHEREAS, proceedings before the board of directors of this district are and traditionally have been comparatively informal, and

WHEREAS, this district deems it desirable and in the public interest that no person, including a director of this district be ineligible to speak, on any subject at any of its duly noticed meetings; and

WHEREAS, it is in the public interest that the decision making process of this district be free from conflicts of interest either real or apparent; and

WHEREAS, given the small population of the Bolinas area, the decision makers are all known to each other;


Section 1 - Definitions

1. Director: a director of the Bolinas Community Public Utility District

2. Conflict of Duty: the situation where a director has a duty to promote the interests of a person or organization other than this district in any proceeding by or before this district in which such director has discretionary power. This definition shall not be construed to apply to any situation covered by § 87100, et. seq. of the Government Code but is meant only to apply to the situation where a director's duty to this district is in conflict, either real or apparent, with his or her duty to another person, firm, corporation, or governmental agency.

3. In Public: as a matter of public record.

Section 2 - Participation

As to any matter in which a director has a conflict of duty, and during a period of six months next after the end of such conflict of duty, she or he shall not:

1. Participate in voting.

2. Participate in debate or deliberations both as a director of this district and as an advocate for another agency or corporation.

3. Participate in the preparation of oral or written reports acting as a director of this district.

4. Participate in the rendition of oral or written advice acting as a director of this district.

5. Participate in the testimony before a public agency acting as a director of this district.

6. Participate in the submission of letters or other documents to any official who must decide the matter acting as a director of this

7. Participate in the issuance or denial of official approvals acting as a director of this district.

Section 3

Nothing contained herein shall abridge the right of any citizen, whether or not a director of this district, to submit information or express views on the same basis as any other person, provided such is done in public and the director indicates that he is acting in a private capacity, or in a capacity other than as a director of this district.

Section 4 - Publication

This ordinance shall be and is hereby declared to be in full force and effect from and after 30 days from the date of its passage and is hereby ordered publicly posted at least 7 days prior to end of said 30 day period..

The foregoing ordinance was passed and adopted on the 15th day of November, l995, by the following vote:

AYES: Amoroso, McNaughton, Pfeiffer

NOES: None

ABSTAIN: Siedman

ABSENT: McClellan