Laserfiche WebLink
11 <br />4. For a period of twelve (12) months following the date of his or her retirement, <br />dismissal, or separation from state service, no person employed under State <br />Civil Service or otherwise appointed to serve in the CDE or CDSS may enter <br />into a contract pursuant to WIC 10268.5 if he or she was employed by the <br />department in a policymaking position in the area of childcare and <br />development programs within the twelve (12) month period prior to his or her <br />retirement, dismissal, or separation. <br />5. For a period of twelve (12) months following the date of his or her retirement, <br />dismissal, or separation from state service, no person employed under State <br />Civil Service or otherwise appointed to serve in the CDE or CDSS may be <br />employed by a contractor pursuant to WIC 10268.5 if he or she engaged in <br />any of the negotiations, transactions, planning, arrangements, or any part of <br />the decision-making process relevant to the contract while employed in any <br />capacity by the CDE or CDSS. <br />6. The provisions above shall not apply to any persons who were already in the <br />situations described by these subdivisions prior to January 1, 1985. <br />7. Based on corporate law (Corporations Code Sections 310, 5233-5234, 7233 <br />and 9243 as applicable), the general rules to be followed to ensure that <br />transactions are conducted at arm's length include: <br />a. Prior to consummating the transaction, the governing body should <br />authorize or approve the transaction in good faith and the board should <br />require the interested party, or parties, to make full disclosure to the board <br />both in writing and during the board meeting where the transaction is <br />being discussed; and <br />b. All parties having a financial interest in the transaction should refrain from <br />voting on the transaction and it should be so noted in the board minutes. <br />8. If the transaction involves the renting of property, either land or buildings, <br />owned by affiliated organizations, officers or other key personnel of the <br />contractor or their families, the board of directors shall request the interested <br />party to obtain a fair market rental estimate from an independent appraiser, <br />licensed by the California Office of Real Estate Appraisers that supports all <br />reimbursable costs under the transaction. <br />a. A new fair market rental estimate for each change, adjustment, or <br />escalation to any reimbursable costs under a transaction is required. <br />b. If the contractor has no board or is a sole proprietor, the requirement for a <br />fair market rental estimate shall also apply. <br />9. The contractor has the burden of supporting the reasonableness of rental <br />costs. If the property is owned by the contractor, rental costs are not