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(5) Conflict of Interest Policy The Board of Directors shall adopt, and thereafter maintain, a local conflict of interest policy for the Authority that complies with the requirements in Government Code section 87300 et seq. (6) Records Retention Schedule The Board of Directors shall adopt a records retention schedule for the Authority (7) Referral to Livermore and Pleasanton City Councils (a) The Board of Directors may refer matters to the City Councils for Livermore and Pleasanton, except impasse items as provided in subsection 5(A)(7)(b) below, by an affirmative vote of the majority of the entire Board of Directors The Board of Directors may reconsider at any time any matter not receiving an affirmative vote of the majority of the entire Board of Directors Moreover, the Board of Directors may re-refer any matter to the City Councils that does not receive approval by both City Councils (b) An impasse item is any matter before the Board of Directors that does not receive an affirmative vote for action by the majority of the entire Board of Directors If the Board of Directors is unable to reach an affirmative vote after reasonable attempts to reconsider, then the impasse item may be referred to the City Councils for Livermore and Pleasanton, which shall, (i) consider the item independently, and (ii) if, after independent consideration, the matter is still at impasse, the City Councils of Livermore and Pleasanton shall meet jointly in compliance with the Brown Act, at a suitable facility in the Authority's jurisdiction, to consider the impasse matter An affirmative vote of the majority of the entire City Council for Livermore and an affirmative vote of the majority of the entire City Council for Pleasanton is necessary to take action on an impasse item B Joint Executive Directors The Joint Executive Directors shall be the City Managers for Livermore and Pleasanton, who shall be the administrative head of the Authority The Joint Executive Directors, under the direction and control of the Board of Directors, shall be responsible for the efficient administration of all the affairs of the Authority The Joint Executive Directors shall prepare a policy that establishes the powers that must be exercised and the decisions must be made jointly, and which may be exercised and made by one of the Joint Executive Directors with notice to the other In addition to their general powers as administrative head, and not as a limitation thereon, it shall be their joint duty and their Joint power to (1) Enforce all laws of the State of California and ordinances of Livermore and Pleasanton for the Authority's role to provide Fire Protection Services, and to see that all contracts, permits, and privileges authorized by the Authority are faithfully observed; (2) Control, order, and give direction to the Authority through the Fire Chief, (3) Appoint, and when necessary for the good of the Authority, remove the Fire AMENDED AND RESTATED AGREEMENT FOR THE LIVERMORE-PLEASANTON FIRE DEPARTMENT JOINT POWERS AUTHORITY Page 10