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Moderator: Joyce Crosthwaite Executive Officer, Orange County LAFCO

2006 CALAFCO Annual Conference STEPPING UP TO THE PLATE Safe-or-Out; Fair-or-Foul: LAFCO and Ethics 9:00 - 10:30a.m., September 7, 2006. Moderator: Joyce Crosthwaite Executive Officer, Orange County LAFCO Paula C.P. de Sousa Michael G. Colantuono

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Moderator: Joyce Crosthwaite Executive Officer, Orange County LAFCO

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  1. 2006 CALAFCO Annual ConferenceSTEPPING UP TO THE PLATESafe-or-Out; Fair-or-Foul: LAFCO and Ethics9:00 - 10:30a.m., September 7, 2006 Moderator: Joyce CrosthwaiteExecutive Officer, Orange County LAFCO Paula C.P. de Sousa Michael G. Colantuono Best Best & Krieger, LLP Colantuono & Levin, P.C. 655 W Broadway, 15th Floor 11406 Pleasant Valley Road San Diego, CA 92101 Penn Valley, CA 95946-9024 (619) 525-1336 (Direct) (530) 432-7359 (Voice) (619) 233-6119 (Fax) (530) 432-7356 (Fax) Paula.deSousa@bbklaw.commcolantuono@cllaw.us

  2. Fact Pattern One LAFCO has issued a request for proposals for a consultant to assist with Municipal Service Reviews. Commissioner Willy’s sons, Slick and Spud, are employed by Just Trust Us Consultants, Inc., one of the consulting firms that is being considered by LAFCO.

  3. Fact Pattern OneLAFCO has issued a request for proposals for a consultant to assist with Municipal Service Reviews. Commissioner Willy’s sons, Slick and Spud, are employed by Just Trust Us Consultants, Inc., one of the consulting firms that is being considered by LAFCO. Question Can Commissioner Willy participate in the decision to award the contract to Just Trust Us Consultants, Inc.?

  4. Fact Pattern OneLAFCO has issued a request for proposals for a consultant to assist with Municipal Service Reviews. Commissioner Willy’s sons, Slick and Spud, are employed by Just Trust Us Consultants, Inc., one of the consulting firms that is being considered by LAFCO. Question What if the Commissioner’s son, Spud, is 16 years old, a high school drop out, has a prior DUI, admits to an ongoing drug and alcohol addiction, runs a part-time tattoo and tea leaf reading studio, and still lives at home?

  5. Fact Pattern Two Commissioner Bloward, a motivational speaker/trainer by trade, was hired to speak at a national conference of motivational speakers to be held in Sacramento last July. The organizers of the conference pay the Commissioner a $5,000.00 speaker’s fee, and pay for the Commissioner’s lodging, travel, and meals. While attending a session at the conference, Commissioner Bloward heads to the hotel bar to relieve some persistent throat congestion and the beginnings of a migraine headache, and runs into a consultant that routinely provides consulting services to LAFCO, who invites the Commissioner to dinner. The consultant pays for Commissioner Bloward’s portion of the bill, in the amount of $45.00.

  6. Fact Pattern TwoCommissioner Bloward, a motivational speaker/trainer by trade, was hired to speak at a national conference of motivational speakers to be held in Sacramento last July. The organizers of the conference pay the Commissioner a $5,000.00 speaker’s fee, and pay for the Commissioner’s lodging, travel, and meals. While attending a session at the conference, Commissioner Bloward heads to the hotel bar to relieve some persistent throat congestion and the beginnings of a migraine headache, and runs into a consultant that routinely provides consulting services to LAFCO, who invites the Commissioner to dinner. The consultant pays for Commissioner Bloward’s portion of the bill, in the amount of $45.00. Question Does Commissioner Bloward have to disclose, on his Annual Statement of Economic Interests, that the consultant paid for his meal in the amount of $45.00?

  7. Fact Pattern TwoCommissioner Bloward, a motivational speaker/trainer by trade, was hired to speak at a national conference of motivational speakers to be held in Sacramento last July. The organizers of the conference pay the Commissioner a $5,000.00 speaker’s fee, and pay for the Commissioner’s lodging, travel, and meals. While attending a session at the conference, Commissioner Bloward heads to the hotel bar to relieve some persistent throat congestion and the beginnings of a migraine headache, and runs into a consultant that routinely provides consulting services to LAFCO, who invites the Commissioner to dinner. The consultant pays for Commissioner Bloward’s portion of the bill, in the amount of $45.00. Question What if the same consultant also paid for Commission Bloward’s meal, in the amount of $30.00, at a different conference the previous month?

  8. Fact Pattern TwoCommissioner Bloward, a motivational speaker/trainer by trade, was hired to speak at a national conference of motivational speakers to be held in Sacramento last July. The organizers of the conference pay the Commissioner a $5,000.00 speaker’s fee, and pay for the Commissioner’s lodging, travel, and meals. While attending a session at the conference, Commissioner Bloward heads to the hotel bar to relieve some persistent throat congestion and the beginnings of a migraine headache, and runs into a consultant that routinely provides consulting services to LAFCO, who invites the Commissioner to dinner. The consultant pays for Commissioner Bloward’s portion of the bill, in the amount of $45.00. Question What if the consultant never did, or never would do, any work for Commissioner Bloward’s LAFCO?

  9. Fact Pattern TwoCommissioner Bloward, a motivational speaker/trainer by trade, was hired to speak at a national conference of motivational speakers to be held in Sacramento last July. The organizers of the conference pay the Commissioner a $5,000.00 speaker’s fee, and pay for the Commissioner’s lodging, travel, and meals. While attending a session at the conference, Commissioner Bloward heads to the hotel bar to relieve some persistent throat congestion and the beginnings of a migraine headache, and runs into a consultant that routinely provides consulting services to LAFCO, who invites the Commissioner to dinner. The consultant pays for Commissioner Bloward’s portion of the bill, in the amount of $45.00. Question What if Commissioner Bloward called the FPPC’s toll-free advice line at 1-866-ASK-FPPC (1-866-275-3772) regarding his obligation to disclose the two “gifts,” in the form of meals from the consultant, and the FPPC “Political Reform Act” consultant told Commissioner Bloward that he did not need to disclose the gift in his Annual Statement of Economic Interests?

  10. Fact Pattern TwoCommissioner Bloward, a motivational speaker/trainer by trade, was hired to speak at a national conference of motivational speakers to be held in Sacramento last July. The organizers of the conference pay the Commissioner a $5,000.00 speaker’s fee, and pay for the Commissioner’s lodging, travel, and meals. While attending a session at the conference, Commissioner Bloward heads to the hotel bar to relieve some persistent throat congestion and the beginnings of a migraine headache, and runs into a consultant that routinely provides consulting services to LAFCO, who invites the Commissioner to dinner. The consultant pays for Commissioner Bloward’s portion of the bill, in the amount of $45.00. Question Has Commissioner Bloward violated the Honoraria Ban?

  11. Fact Pattern Three LAFCO is considering a proposal for annexation of territory into the Leaky Acres Municipal Water District. The proponent of the application, Mr. Deeppockets, contributed $270 in October 2004 towards Commissioner Slick’s campaign for city council.

  12. Fact Pattern ThreeLAFCO is considering a proposal for annexation of territory into the Leaky Acres Municipal Water District. The proponent of the application, Mr. Deeppockets, contributed $270 in October 2004 towards Commissioner Slick’s campaign for city council. Question Can Commissioner Slick vote on the annexation proposal today?

  13. Fact Pattern ThreeLAFCO is considering a proposal for annexation of territory into the Leaky Acres Municipal Water District. The proponent of the application, Mr. Deeppockets, contributed $270 in October 2004 towards Commissioner Slick’s campaign for city council. Question What if the proposal was for an incorporation and all other facts remain the same?

  14. Fact Pattern Four LAFCO will be considering a controversial sphere of influence amendment proposal next Wednesday. Commissioner Bellows believes that it is important to approve the amendment and has discussed her opinion with two other Commissioners (Commissioner Larry and Commissioner Moe), urging them both to approve the amendment. Commissioner Bellows then calls Commissioner Shemp and urges him to approve the amendment.

  15. Fact Pattern FourLAFCO will be considering a controversial sphere of influence amendment proposal next Wednesday. Commissioner Bellows believes that it is important to approve the amendment and has discussed her opinion with two other Commissioners (Commissioner Larry and Commissioner Moe), urging them both to approve the amendment. Commissioner Bellows then calls Commissioner Shemp and urges him to approve the amendment. Question Does this scenario present a violation of the Brown Act?

  16. Fact Pattern Five A City Member of LAFCO, Paris Monroe, is running for reelection to the City Council. Too busy with her Pilates and yoga classes, she is sure her LAFCO staff will want to contribute to her campaign and to walk the precincts for her during the weekends.

  17. Fact Pattern FiveA City Member of LAFCO, Paris Monroe, is running for reelection to the City Council. Too busy with her Pilates and yoga classes, she is sure her LAFCO staff will want to contribute to her campaign and to walk the precincts for her during the weekends. Question Is it legal for Commissioner Monroe to call LAFCO staff to ask for contributions or to volunteer time?

  18. Fact Pattern Six Commissioner Gates owns and operates a business that has a five-year lucrative contract with LAFCO to provide copying services for LAFCO. Two years into the contract, Commissioner Gates successfully runs for office and is elected to the city council, and is selected as a City Member of LAFCO.

  19. Fact Pattern SixCommissioner Gates owns and operates a business that has a five-year lucrative contract with LAFCO to provide copying services for LAFCO. Two years into the contract, Commissioner Gates successfully runs for office and is elected to the city council, and is selected as a City Member of LAFCO. Question Upon his appointment to LAFCO, may Commissioner Gates continue to provide copying services to LAFCO?

  20. Fact Pattern SixCommissioner Gates owns and operates a business that has a five-year lucrative contract with LAFCO to provide copying services for LAFCO. Two years into the contract, Commissioner Gates successfully runs for office and is elected to the city council, and is selected as a City Member of LAFCO. Question Three years later, when the copying services contract has been completed, may LAFCO vote to renew the contract if Commissioner Gates disqualifies himself from participating in the discussion or vote?

  21. Fact Pattern SixCommissioner Gates owns and operates a business that has a five-year lucrative contract with LAFCO to provide copying services for LAFCO. Two years into the contract, Commissioner Gates successfully runs for office and is elected to the city council, and is selected as a City Member of LAFCO. Question What if Commissioner Gates provided the copying services for LAFCO for five years prior to his appointment to LAFCO (as opposed to the above stated three years), and that a year later, his contract is up for renewal. May LAFCO renew his contract if he disqualifies himself from participating in the discussion or vote?

  22. Fact Pattern Seven The City of New Beach approved a large development, Newer Beach, along with a development agreement between the developer, Sunset Homes, and the City, pursuant to Government Code Section 65864, et seq. The development agreement contains language requiring the City to “use its best effort” to assist Sunset Homes in obtaining all other entitlements. However, citizens in New Beach are incensed by the City Council’s actions. In a recall election, only Council Member Hock is re-elected.

  23. Fact Pattern SevenThe City of New Beach approved a large development, Newer Beach, along with a development agreement between the developer, Sunset Homes, and the City, pursuant to Government Code Section 65864, et seq. The development agreement contains language requiring the City to “use its best effort” to assist Sunset Homes in obtaining all other entitlements. However, citizens in New Beach are incensed by the City Council’s actions. In a recall election, only Council Member Hock is re-elected. Question What happens if Council Member Hock also sits on LAFCO and the annexation of the New Beach project into the City of New Beach is before the Commission? Should Commissioner Hock be required to disqualify herself? If so, on what legal basis?

  24. Fact Pattern Eight Commissioner Publicity Hound likes to keep her constituents informed about her activities as a City Councilmember and LAFCO Commissioner. She keeps a weblog about her activities in public office. In order to better inform her constituents, she would like to link her weblog to the LAFCO’s website.

  25. Fact Pattern EightCommissioner Publicity Hound likes to keep her constituents informed about her activities as a City Councilmember and LAFCO Commissioner. She keeps a weblog about her activities in public office. In order to better inform her constituents, she would like to link her weblog to the LAFCO’s website. Question Can she?

  26. Fact Pattern EightCommissioner Publicity Hound likes to keep her constituents informed about her activities as a City Councilmember and LAFCO Commissioner. She keeps a weblog about her activities in public office. In order to better inform her constituents, she would like to link her weblog to the LAFCO’s website. Question Can she provide her content directly for the LAFCO’s website and distribute it via email to LAFCO contacts?

  27. Fact Pattern EightCommissioner Publicity Hound likes to keep her constituents informed about her activities as a City Councilmember and LAFCO Commissioner. She keeps a weblog about her activities in public office. In order to better inform her constituents, she would like to link her weblog to the LAFCO’s website. Question Can she ask LAFCO staff to mail 250 copies of her latest missive to selected constituents?

  28. Fact Pattern EightCommissioner Publicity Hound likes to keep her constituents informed about her activities as a City Councilmember and LAFCO Commissioner. She keeps a weblog about her activities in public office. In order to better inform her constituents, she would like to link her weblog to the LAFCO’s website. Question Would it make a difference if the printing cost were donated by her husband?

  29. QUESTIONS

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