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9A Page 2 'Dana Point' Continued from Page 1... Last week, Dana Point representatives briefed the League's Community Services and Employee Relations policy committees. Both committees expressed strong concerns about these audits, and discussed how the IRS has also targeted other California cities. The Community Services Committee subsequently requested that League staff schedule a conference call with the Community Services Department and the California Parks and Recreation Society for a further briefing. More than 100 members of both groups were briefed on the matter on Thursday, Jan. 28. Background materials provided to the committees and the department can be obtained by contacting Meghan McKelvey at mmckelvevca>.cacities.orQ. The League will continue to follow this important Issue. 'Lexln v. Superior Court' Continued from Page 1... The case arose out of a decision by the San Diego City Employees' Retirement System (SDCERS) board of administration to approve an increase in pension benefits for city employees and at the same time, allowed the pension fund to become underfunded. The San Diego County District Attorney brought a criminal proceeding against certain members of the board, alleging a violation of Government Code section 1090. This section prohibits a public official or employee from participating in the making of contracts that provide the official or employee with a personal financial benefit. In exonerating five of the six board members being prosecuted, the Supreme Court held that an exception to the 1090 prohibition applied. This particular exception states that when a public official's or employee's financial interest arises out of services from the officer's or employee's public agency, there is no conflict where the services are broadly available to all others similarly situated, and the official or employee Is not receiving a unique benefit. The Supreme Court held that the decisions made by five of the six board members being prosecuted fell under this exception because the pension benefits approved were available to every participant in the pension program, and the pension changes made by their decision did not provide them with any pension benefit that was different than any other participants. Because this exception applies, the Court held that no felony conflict of interest existed for these five board members. The remaining board member, who was president of the local firefighter's union, received an additional pension benefit because of his role as union president as part of the pension changes to which the pension board had agreed. Consequently he was not eligible for the exception. He remains subject to felony conflict of interest charges. The League joined with the California State Association of Counties (CSAC) and the Association of California Water Agencies (ACWA) to submit an amicus brief in support of Lexin and the rest of the board members. The League would like to thank Jennifer Henning of CSAC and Dan Hentschke on behalf of ACWA for drafting the brief. 'Water' Continued from Page 1... The FY 2009-10 PPL can be found on the SWRCB Web site htlo:/Iwww.waterboards.ca.aov/water issues/oroarams/Qrants loans/srf/docs/fv091 0/fv091 Oewsrf 001. odf. The initial update period for this year's list opened Jan. 11. The final CWSRF program PPL will be considered for adoption by SWRCB in June 2010. SWRCB's Division of Financial Assistance updates and publishes the CWSRF program PPL each state fiscal year in accordance with the Clean Water Act and Federal regulations. 2