San Francisco Bay Conservation and Development Commission Conflict of interest declaration
| Submitted | June 10, 2022 |
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Communications
From: Kristina Weber
To Whom It May Concern:
Pursuant to the California Public Records Act, I hereby request the following records:
The Political Reform Act (Government Code Section 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict-of-interest codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs. Sec. 18730) that contains the terms of a standard conflict-of-interest code, which can be incorporated by reference in an agency1 s code. After public notice and hearing, the standard code may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendices designating positions and establishing disclosure categories shall constitute the conflict of interest code of the San Francisco Bay Conservation· and Development Commission (Commission).
Commissioners, Alternate Commissioners, and the Executive Director must file their statements of economic interests electronically with the Fair Political Practices Commission. All other individuals holding designated positions must file their statements with the Commission. All statements must be made available for public inspection and reproduction under Government Code Section 81008.
I would like to request all such documentation for 2018 2019 2020 2021 2022
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 calendar days, as the statute requires.
Sincerely,
Kristina Weber
From: Bay Conservation And Development Commission
Dear Ms. Weber,
I am Andrew, a member of BCDC's legal team, and before I go through with your request, I want to first ask a clarifying question. In your request for "all such documentation," are you asking for the documentation as it pertains to the decision-making body of BCDC (i.e., the Director, the Commission and their alternates), or did you want the documentation for all staff? While both requests should be feasible, pulling the documentation for all staff will take significantly more time than pulling the documentation for just the Director, the Commissioners and their alternates. Please let me know.
Best,
Andrew Dagher
andrew.dagher@bcdc.ca.gov
From: Kristina Weber
Go ahead and send all of the requested documents
thanks
Kristina Weber
From: Kristina Weber
It’s would be great if you can get over the records of the decision making body first and the other members of the staff and any stakeholders later thank you .
From: Kristina Weber
It’s would be great if you can get over the records of the decision making body first and the other members of the staff and any stakeholders later thank you .
From: Bay Conservation And Development Commission
Hi Kristina,
The requested records are being downloaded and compiled into a folder. This process could take up to a week due to the volume of your request. Once everything is ready, I will send them to you as an attachment.
Best,
Andrew Dagher
andrew.dagher@bcdc.ca.gov
From: Kristina Weber
I Reviewed the staff members of the BCDC and noticed that there has been a huge influx of new staff members so to be more specific i would like to see the conflict of interest documents of the resident staff from 2018-2022 and the chairmans asap thank you
From: Bay Conservation And Development Commission
Good afternoon, Ms. Weber,
I hope you are doing well. I have gathered the Conflict-of-Interest documents for the commissioners and the alternates and have attached them as a file to this message. Please note that the 2022 forms are not included in the document, as those are not due until the first quarter of 2023. and we do not have them yet.
Furthermore, I will also be sending the Staff Conflict-Of-Interest forms in the future, once I receive them. Please note that the 2018 forms for the staff will not be included, as they are no longer available to us per BCDC's record retention schedule.
Best,
Andrew Dagher
andrew.dagher@bcdc.ca.gov
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Commissioners.zip
From: Kristina Weber
Records retention schedule? How is that even a thing and let a full transparency shouldn’t all records be available Especially considering the points covered in the 2018 audit there’s a considerable amount of questionable For lack of a better word conduct on the part of the chairman and members of the BCDC staff I would think that all records would be publicly available if there was nothing to hide.
Can you please forward me the Legal code that permits a retention schedule and withholding of a public agencies documents upon request
From: Bay Conservation And Development Commission
Good afternoon, Ms. Weber,
I hope you had a good weekend. I have attached the requested staff statements of economic interest documents to fulfill your request.
Regarding the 2018 documents and the Records Retention Schedule:
BCDC is required to maintain a records retention schedule at the direction of the Secretary of State and CalRIM. Cal. Gov’t Code §§ 12272, 12274. The BCDC record retention schedule is submitted to and approved by CalRIM. Cal. Gov’t Code § 12274.5.
According to BCDC’s approved record retention schedule, the staff’s statement of economic interest documents are only retained for as long as they are deemed current. Furthermore, the purpose of the record retention schedule is to maintain the “efficient and economical” management of records. Accounting for these considerations, it appears that the statement of economic interest documents for fiscal year 2018 were deleted in accordance with the agency’s approved records retention schedule. The records which were identified as being within the agency’s possession, and which are being provided to you in full, constitute the most current statements of economic interests for persons covered under BCDC’s Conflict of Interest Code who are required to file such statements.
I wish to emphasize that we are not withholding any records from you which are within the agency’s possession. Rather, the agency simply does not have records responsive to your request covering fiscal year 2018.
Best,
Andrew Dagher
andrew.dagher@bcdc.ca.gov
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Staff_Statement_Economic_Interests_2019_2020_2021.zip