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Board reconsiders consent item after supervisor recuses; vice chair to sign MOU
Summary
Supervisor Kozmicki disclosed income from an entity named in an MOU and recused himself from consent item 1A; County Counsel advised re-agendizing the item so the record could be cured and the board directed that the vice chair execute the MOU; the board approved the adjusted motion.
During the Dec. 2 special meeting, Supervisor Kozmicki asked to pull consent items 1A and 1B and disclosed that an entity involved in the memorandum of understanding (MOU) had been a source of income of more than $500 over the prior 12 months. Kozmicki said he intended to recuse himself from item 1A.
County Counsel advised the board to place the item back on the agenda for reconsideration so the supervisor could "cure and clear the record" by formally disclosing and abstaining. Counsel recommended that, in light of the disclosed conflict, the vice chair be authorized to execute the MOU on behalf of the county. The board agreed and approved the motion with the vice chair to sign; the vote was reported as passing while Kozmicki was recused (4-0 during that item).
A public commenter asked the board to explain whether the $500 was a campaign contribution or payment for work for a school district; County Counsel and the board said the recusal and re-agendizing were to ensure compliance with the Political Reform Act and transparency.
The board's action did not change the contractual text publicly posted on the agenda; rather, it clarified who would execute the agreement and cured the procedural disclosure for the record.
