California Code of Regulations
Title 8 - Industrial Relations
Division 2 - Agricultural Labor Relations Board
Chapter 12 - Conflict of Interest Code
Appendix A
| Disclosure Employees | Designated Categories | |
| The Chairman and All Board Members .......................... | .......................... 1,2,3 | |
| Board Counsel.......................... | .......................... 1,2,3 | |
| Senior Board Counsel.......................... | .......................... 1,2,3 | |
| The Executive Secretary.......................... | .......................... 1,2,3 | |
| The Deputy Executive Secretary.......................... | .......................... 1,2,3 | |
| Chief Administrative Law Judge.......................... | .......................... 1,2,3 | |
| Administrative Law Judges.......................... | .......................... 1 | |
| Hearing Site Clerk.......................... | .......................... 3 | |
| The General Counsel.......................... | .......................... 1,2,3 | |
| The Deputy General Counsel.......................... | .......................... 1,2,3 | |
| Assistant General Counsel.......................... | .......................... 1 | |
| Legal Counsel.......................... | .......................... 1 | |
| Staff Counsel III.......................... | .......................... 1 | |
| Field Examiners.......................... | .......................... 1 | |
| Regional Directors.......................... | .......................... 1,2,3 | |
| Chief of Administration.......................... | .......................... 2,3 | |
| Fiscal Officer.......................... | .......................... 2,3 | |
| Staff Services Manager.......................... | .......................... 2 | |
| Business Services Officer .......................... | .......................... 2,3 | |
| Accounting Officer.......................... | .......................... 2,3 | |
| Consultants.......................... | .......................... * |
Disclosure Categories
1. Designated employees in Category 1 must report:
(a) All investments and business positions in, and income, including gifts, loans and travel payments, from any business entity which does business in agriculture or is an agricultural employer, farm labor contractor, labor organization or representative;
(b) Interests in real property which, during the past two years, have been used in agriculture or agricultural activity, or which foreseeably may be so used.
2. Designated employees in Category 2 must report:
(a) Investments and business positions in, and income, including gifts, loans and travel payments, from any business entity of the type that has contracted, within the last two (2) years, with the Agricultural Labor Relations Board to provide services, supplies, materials, machinery or equipment to the Board.
3. Designated employees in Category 3 must report:
(a) Investments and business positions in, and income, including gifts, loans and travel payments, from any business entity which is of the type that has arranged within the last two (2) years to provide premises for lease, rental, or sale to the Agricultural Labor Relations Board or the State of California on behalf of the Board;
(b) Interests in real property located in California which have been arranged for by the Agricultural Labor Relations Board or the State of California on behalf of the Board as premises, such as office or storage space, hearing rooms, etc. The designated employee is required to report such interest in real property if it is foreseeable that said property may be the subject of such an arrangement, lease, rental, or sale.
* Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitations:
The Executive Secretary may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that are limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties and, based on that description, a statement of the extent of the disclosure requirements. The Executive Secretary's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code.
Definitions
"Agricultural employer" as defined by Labor Code Section 1140.4 (c) means any person acting directly or indirectly in the interest of an employer in relation to an agricultural employee, any individual grower, corporate grower, cooperative grower, harvesting association, hiring association, land management group, any association of persons or cooperatives engaged in agriculture, and shall include any person who owns or leases or manages land used for agricultural purposes.
"Agriculture" or "In agriculture" as defined by Labor Code Section 1140.4 (a) means farming in all its branches, and among other things, includes the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities (including commodities defined in any agricultural commodities in Section 1141 j (g) of Title 12 of the United States Code), the raising of livestock, bees, furbearing animals, or poultry, and any practices (including any forestry or lumbering operations) performed by a farmer or on a farm as an incident to or in conjunction with such farming operations, including preparation for market and delivery to storage or to market or to carriers for transportation to market. The definition of Section 1140.4 (a) of the Labor Code is hereby incorporated by reference into this Code.
"Doing Business in Agriculture." Any business or source of income that engages in the processing and/or distribution of agricultural or food products, or the manufacture or sale of farm equipment or farm supplies; or whose primary course of activity is the transportation of agricultural products is deemed to be doing business in agriculture.
"Farm Labor Contractor" as defined by Labor Code Section 1682 (b) means any person who, for a fee, employs workers to render personal services in connection with the production of any farm products to, for, or under the direction of a third person, or who recruits, solicits, supplies, or hires workers on behalf of any employer engaged in the growing or producing of farm products, and who, for a fee, provides in connection therewith one or more of the following services: furnishes board, lodging, or transportation for such workers; supervises, times, checks, counts, weighs, or otherwise directs or measures their work; or disburses wage payments to such persons, whether licensed or unlicensed.
"Labor Organization" as defined by Labor Code Section 1140.4(f).1 means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists, in whole or in part, for the purpose of dealing with concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work for agricultural employees.
"Representative" is any individual, group or organization which stands in the place of or represents the interests of any person or entity in agriculture, agricultural employer, farm labor contractor or labor organization. "Representative" shall include, but not be limited to business agents, labor relations personnel, legal representatives, or trade associations.
