MINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS
OF THE INDIAN WELLS VALLEY AIRPORT DISTRICT
JULY 2, 2003

The meeting was tape-recorded and is on file in the Airport Office.

1. CALL TO ORDER

Vice President Mike Mohn called the meeting to order at 7:00 p.m. Present: Directors Bozack, Farris, Mohn and Rosenthal. Directors Bates was absent. Also present were District Manager and District Counsel Scott Nave.

2. PLEDGE OF ALLEGIANCE TO THE FLAG

Director Bozack led the pledge of allegiance to the flag.

3. CONSENT CALENDAR

Approval of Minutes of Regular Meeting of June 4, 2003 and the Special Meeting of June 25, 2003 waiving further reading of the Minutes.

A. Approval/ratification of the Payment Register of July 2, 2003.

B. Financial Reports of April and May of 2003.

C. Authorization of payment to Magnum Enterprises in the amount of $ 322,332/00 (AIP 15)

D. Authorization of payment to Kern County General Services in the amount of $ 55,981.77 (AIP 15)

Motion was made by Director Mohn, seconded by Director Bozack, TO APPROVE THE CONSENT CALENDAR AS PRESENTED. Motion was passed by voice vote: 4 ayes, 1 absent.

4.A. REVIEW OF CONFLICT OF INTEREST CODE AND PUBLIC RECORDS ACT

Mr. Nave began his presentation with a broad overview of the Conflict of Interest Code. He explained what was covered under the Political Reform Act (PRA), the Fair Political Practices Commission (FPPC) and government code Section 1090 which covers the contractual conflicts of interest.

Information was provided on the following: the basic prohibition, persons covered, actions covered, economic interests covered, and the foreseeability of material gain. Material effects or gain was also explained by direct or indirect involvement through real property, leasehold interests, nonprofit entities and individuals. The duty to disqualify oneself was explained as different from the duty to disclose. Mr. Nave advised that when a Director abstains from a vote, he should give the reason why.

Information was given as to the definition of the Public Generally, legally required participation, and the rule of necessity. Definitions were also explained for honoraria, gifts, and campaign contributions. Each of these items was discussed at length, as well as the reportability and special rules on travel.

Penalties and enforcement for violations of the laws were given and explained. Information on economic disclosure and the annual filing of Form 700 was also provided and discussed.

Conflicts of interest in contracts was gone over at some length. Both interests and remote interests were discussed with examples given by Mr. Nave. Directors asked questions regarding specific conflicts with various contracts and agreements and Mr. Nave provided information in answer to these questions. Mr. Nave also stated that if any Director has questions about a potential conflict which is personal, that Director could call him at any time and he would go over it at length with them. Examples of non-interests were also given.

Incompatible activities of officers and employees were also explained, including the common law doctrine of incompatible offices.

Mr. Nave also gave some references, such as the Attorney General website which contains examples and rulings in some court cases. The FPPC is uniformly helpful when they are called, too.

There was considerable dialogue throughout the meeting between District Counsel and the Directors. It was suggested that specific sections of the code of interest to the Directors could be reviewed at future Board meetings and it would not take so much time.

The Directors thanked Mr. Nave for the information he provided to them regarding Conflict of Interests.

NOTE: The tapes of this meeting are available for review at the airport office.

5. DISTRICT COUNSEL 

District Counsel had no other report.

6. DISTRICT MANAGER 

A. Skywest enplanements for June were 1061.

B. The rocks in the Kunkle hangar are being removed this week.

C. There was an error on the employee sick leave report and a corrected report was put in the Directors boxes.

D. Ms. Bass will try to have the revised budget completed for the August agenda.

E. Ms. Bass asked the Directors to let her know as soon as possible if any of them will be on vacation and not able to attend the August meeting. Mr. Farris indicated he would not be present.

7. COMMITTEE REPORTS

There were no committee meetings during the last month. Ms. Bass said that she does need some meetings but will coordinate dates and times with the committee members.

8. PUBLIC COMMENT

A. There was no public comment.

BOARD COMMENT

A. The Directors again thanked Mr. Nave for his review of the Conflict of Interest Code and for responding to their questions and concerns.

9. ADJOURNMENT

Motion was made by Director Rosenthal, seconded by Director Farris, TO ADJOURN THE REGULAR MEETING OF THE BOARD OF DIRECTORS OF INDIAN WELLS VALLEY AIRPORT DISTRICT OF JULY 2, 2003 at 9:00 p.m.. Motion was approved by voice vote: 4 ayes, 1 absent.

Submitted by:

Nancy Bass, Executive Secretary