HomeMy WebLinkAboutMINUTES - 09261989 - 1.51 BOARD OF SUPERVISORS " :^"�
FROM: Victor J. Westman, County Counsel ContraBy: Mary Ann McNett, Deputy County Counsel �1'� ' ' Cj )sta
DATE: September 13, 1989 0j*j '•I
SUBJECT: Antioch Area Public Facilities Agency Conflict of Interest
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
Revise the attached Conflict of Interest Code adopted by the
Antioch Area Public Facilities Agency on July 13, 1989 as
follows .
Delete section 400 . Substitute new section 400 to read:
Each designated employee shall file an
annual statement disclosing that employees'
interest in investments, real property,
business positions, and income, designated as
reportable under the category to which the
employees' position is assigned in Exhibit A.
Delete subsections 500(a) (b) and (c) . Substitute new
subsections 500 (a) and (b) to read:
(a) All designated employees required
to submit a statement of economic interests
shall file the original with the secretary of
the Antioch Area Public Facility's Financing
Agency.
(b) All designated employees employed
by the agency on the effective date of this
code as originally adopted, promulgated and
approved by the code reviewing body, shall
file statements within 30 days after the
effective date of this code. Thereafter,
each person already in a position when it is
designated by. an amendment to this code,
shall file an initial statement within 30
days after the effective date of the
amendment. Employees appointed, promoted or
transferred to designated positions shall
file initial statements 30 days after date of
employment.
CONTINUED ON ATTACHMENT: _ YES SIGNATURE.:
RECOMMENDATION OF COUNTY ADMINISTRATOR.' RECOMMENDA.T'f ON, OFBOARD, COMM'I:TTEE�
APPROVE OTHER:
SIGNATURE S :
ACTION OF BOARD ON SEP 2 6 1989 ' APPROVED, A.S� RECOMMENDED' _ OTHER:
NOTE OF SUPERVISORS
I! HEREBY CER.T'IiFY THAT' TH4!S 1!S A. TRUE,
X UNAN I MOUS (ABSENT } AND CORRECT' COPY OF' ANI ACTION: TAKEN!
AYES: NOES':, AND, ENTERED, Ou THEMIiNUTES OF THE: BOARD)
ABSENT: _ ABSTAIN: OF' SUPERVIiSORS'- ONi THE: D'A'TE; SHOWN[_
CC: County- Administrator ATTESTED SEP 2 6 1980 _ —
County' Counsel
PHIL. BATCHELOR;. CLERK; OF THE: BOARDS OF
SUPERVISORS AND) COUNTY' ADMINISTRNTOR;
BY
M1382/7-83 ,,DEPUTY
Reletter subsections 500 (d) and (e) as subsections 500
(c) and (d) . Delete subsection 500(f ) . Add a new subsection
500(e) to read:
A designated employee required to file a
statement of financial interest with any
other agency which has the same territorial
jurisdiction as, or includes the territorial
jurisdiction of, this agency may comply with
the provisions of this code by filing an
originally signed duplicate copy of that
statement in lieu of an entirely separate
document.
Delete section 600(a) (1) (d) . Substitute new section
600(a) (1) (d) to read:
A statement whether the fair market
value of the investment or interest in real
property exceeds one thousand dollars
($1,000) but does not exceed ten thousand
dollars ( $10, 000) , whether it exceeds ten
thousand dollars ($10,000) , but does not
exceed one hundred thousand dollars
($100,000) , or whether it exceeds one hundred
thousand dollars ($100,000) . This
information need not be provided with respect
to an interest in real property which is the
principal residence of the filer or any other
property which the filer uses exclusively as
the personal residence of the filer.
Delete section 600(2) (a) . Substitute new section 600(2) (a)
to read:
A. The name and address of each source
of income aggregating two hundred fifty
dollars ($250) or more in value, or fifty
dollars ($50) or more in value if the income
was a gift, and a general description of the
business activity, if any of each source;
Delete section 600(2) (b) . Substitute new section 600( 2) (b)
to read:
B. A statement whether the aggregate
value of income from each source, or in the
case of a loan, the highest amount owed to
each source, was at least two hundred and
fifty dollars ($250) but did not exceed one
thousand dollars ($1,000) , whether it was an
excess of one thousand dollars ($1,000) , but
was not greater than ten thousand dollars
($10,000) , or whether it was greater than ten
thousand dollars ($10,000) ;
Delete section 600(2) (4) . Substitute new section 600(2) (d)
to read:
D. In the case of a gift, the name,
address and business activity of the donor
and any intermediary through which the gift
was made; a description of the gift; the
amount or value of the gift; and the date on
which the gift was received.
Add new section 600(2) (e) to read:
E. In the case of a loan, the annual
interest rate and the security if any, given
for the loan.
Delete section 700 "Disqualification. " Substitute new
section 700 to read:
700 Discrualification. Designated
employees must disqualify themselves from
making or participating in the making of or
using their official position to influence
the making of any decisions in which they
have a reportable financial interest, when it
is reasonably forseeable that such interest
may be materially affected by the decision.
No designated employee shall be required to
disqualify himself with respect to any matter
which could not be legally acted upon or
decided without his participation.
Approve the attached Conflict of Interest Code as revised.
Background: The governing board of the Antioch Area Public
Facility's Financing Agency has adopted the attached Conflict of
Interest Code and submitted it to the board for approval pursuant
to Government Code section 87303 .
MAM/jh
cc: Kathleen J. Moore, Secretary
Antioch Area Public Facilities Financing Agency
IECIED
COUNTY COUNSEL'S OFF/CE _
CONTRA COSTA COUNTY SF /3 W- 9
MARTINEZ, CALIFORNIA
Mill HATCHE!C^
CLER ,30ARD Of$APCO SOBS
Date: September 13, 1989 ......... �' on
nvIv
To: Clerk of the Board of Supervisors
From: Victor J. Westman, County Counsel
By: Mary Ann McNett, Deputy County Counsel /x. 4./4 .
Re: Antioch Area Public Facilities Financing Agency
Conflict of Interest Code
The Antioch Area Public Facilities Financing Agency has
adopted a Conflict of Interest Code and requested review of that
code by our office and submission of the code to the Board for
approval . As requested, we have reviewed the code. A copy of a
draft board order containing suggested revisions to the code and
recommending subsequent approval of the code is attached hereto.
A copy of the Agency's request for review and approval and of the
code adopted by the Agency are also attached. Please place this
matter on the Board of Supervisors' agenda.
MAM/jh
cc: Kathleen J. Moore, Secretary
Antioch Area Public Facilities Financing Agency
attachments
Antioch Unified School District
County Counsel
JUL N 0 1989
July 19, 1989 Martinez, CA 94553
Ms. Mary Ann McNett
Deputy County Counsel
P.O. Box 69
Martinez, CA 94553
RE: Conflict of Interest Code
Antioch Area Public Facilities Financing Agency
Dear Ms. McNett:
On July 13, 1989, the Antioch Area Public Facilities Financing Agency
(AAPFFA) Board held a Public Hearing and adopted the enclosed
Conflict of Interest Code. The AAPFFA was created by a Joint Powers
Agreement between the City of Antioch and the Antioch Unified School
District in August of 1988 to govern a Mello-Roos Community Facilities
District. The Agency is located entirely within the County; therefore,
the Code reviewing body is the Contra Costa County Board of
Supervisors.
Please coordinate the review and approval of the enclosed code and
notify me at the below address when said approval has been granted.
If you should have any questions, please do not hesitate to call.
Sincerely,
Kathleen J. Moore
Secretary, Antioch Area Public
Facilities Financing Aa mcy
KJM:mab
Enclosure
510"G' STREET- P.O. BOX 768 - ANTIOCH, CALIFORNIA !4609
TELEPHONE (415) 757- 7110
CONFLICT OF INTEREST CODE
OF THE
DESIGNATED EMPLOYEES
OF THE
ANTIOCH AREA PUBLIC FACILITIES FINANCING AGENCY
SECTION 100. PURPOSE.
Pursuant to Government Code 87300 et seq. , the
Political Reform Act of 1974, the Antioch Area Public Facilities
Financing Agency hereby adopts the following Conflict of
Interest Code . This Code . is intended to provide the public with
necessary ' information regarding the financial 'interests of
public employees and appointees while, at the same time allowing
as little intrusion into the private affairs of Agency employees
and appointees as possible.. Except as otherwise indicated, the
definitions- of said Act and regulations adopted pursuant thereto
are incorporated herein and this Code shall be interpreted in a
manner consistent therewith.
SECTION 200 . DESIGNATED POSITIONS.
The positions listed on EXHIBIT "A" are hereby
considered to be designated positions as defined in the
Political Reform Act of 1974 . Officers, appointees, employees
and members holding these positions are "designated employees"
and are deemed to make or participate in the making of decisions
which may foreseeably have a material effect on a financial
interest . EXHIBIT "A" may be amended from time to time by
resolution.
SECTION- 300 . DISCLOSURE CATEGORIES .
The following disclosure categories are hereby
established:
Category 1 = Interest in . Real Property . Persons in this
category shall disclose all interests in real property located
in whole or in part within the boundaries of the Community
Facilities District 1989-1, although not including their
personal residences .
Categogy 2 . Investments .. . Persons in this category shall
disclose all investments in business entities located oi� doing
business, or planning to do business, . within the boundaries of
the Community . Facilities District 1989-1 .
Category- 3 . Personal Income. Persons in this category shall
disclose all sources . of income as defined in the. Political
Reform Act of. 1974, except the income received from the City of
Antioch and/or the Antioch Unified School District .
Category 4 . Management Positions . Persons in this category
shall disclose the holding, of management positions with any
business entity located, doing . business, planning to do
business, or having done business in the last two (2) years
within the boundaries of the Community Facilities District
1989-1 .
SECTION 400 . DISCLOSURE STATEMENTS .
Each designated employee shall file an annual statement
disclosing that person' s interest in. investments, real property
and income designated as being reportable under the category to
which the person' s position is assigned in EXHIBIT "A"..
2
SECTION 500 . PLACE AND TIME OF FILING.
A. All designated employees required tomake a
statement of economic interests shall file the original with the
Secretary of the Antioch Area Public Facilities Financing Agency
within 30 days from the approval of this code by the Contra
Costa County Board of Supervisors .
B. Employees appointed, promoted, or transferred to
designated positions shall submit an initial statement within
thirty (30) days after the date of their appointment, promotion
or transfer.
C. All other persons - appointed, promoted, or
transferred to designated positions shall file statements not
less than ten (10)- days before assuming office, unless an
earlier assumptionof ..:office . is . required by emergency
circumstances, in which case the statement shall be filed within
thirty (30) days thereafter.
D. Annual statements shall be filed by all designated
persons after December 21, but not later than April 1,
disclosing reportable investments in business entities,
interests in real property, and income held or received in the
period from the closing date of the person' s previously filed
initial or annual statement, whichever is most recent, through
December 31 .
E. Each person who leaves a designated position
specified in EXHIBIT "A" shall file a "leaving office statement"
within thirty (30) days after appointment or employment has
terminated.
3
F. A designated employee required- to file a statement
of financial interest with any other agency, which is within the
same territorial jurisdiction, may comply with the provisions of
this Code by filing a duplicate copy of the statement filed with
the other agency, in lieu of an entirely separate document .
SECTION 600 . CONTENTS OF DISCLOSURE STATEMENTS.
A. Contents of Disclosure a m .n _s .
Disclosure statements shall be made on forms
supplied by the Secretary of the Antioch Area Public Facilities
Financing Agency, and shall contain the following information,
depending. on the disclosure category of any particular person:
1 . Contents of Investment and Real Property
Reports . . When an investment, or an interest in real property, _
is required to be reported, the statement shall contain:
(a) A statement . of the nature of the
investment or interest;
(b) The name of - the business entity in which
each investment is held, and a general description of the,
business activity in which the business entity is engaged;
(c) The address or other precise location of
the real property; and
(d) a statement whether the fair market value
of the investment, or interest in real property, exceeds
$10, 000 .00 and whether it exceeds $100, 000 .00 .
4
This information need not be provided with respect to an
interest in real property which is used principally as the
residences of the filer.
2 . Contents of Personal Income Reports . When
personal income is required to be reported, the statement shall
contain:
(a) The name and address of each source of
income aggregating $250 . 00 or more in value, or $25 . 00 or more
in value if the income was . a gift, and a general description of
the business activity, if any, of each source;
(b) A statement whether the aggregate value of
income from -each source was greater. than $1, 000 . 00, and whether
it was greater than $10, 000 .00;
(c) A descri-ption of the consideration, if
any, for which the income was received; and
(d) In the case of a gift, the name and
address of the donor and the amount and the _date on which the
gift was received.
3 . Contents of Business Entity Income Resor s .
When income of a business entity, . including income of a sole
proprietorship, is required to be reported, the statement shall
contain :
(a) The name, address , and a general
description of the business activity of the business entity;
(b) In the case of a business entity which
provides legal or brokerage services, the name of every person
who paid fees to the business .entity if the filer ' s pro rata
5
share of fees from such person was equal to or greater than
$1, 000. 00; and
(c) In the case of a business entity not covered
by paragraph (b) , the name of every person from whom the
business entity received payments if the filer' s pro rata share
of gross receipts from such person was equal to or greater than
$10, 000 .00 during a calendar year.
4 . Contents of Management Positions Reports .
When management positions are required to be
reported, designated persons shall list the names of each
business entity not specified above in which they are a
director, officer, partner, trustee, employee, or in which they
-hold any -position of management
B. Contents of Ini:Lial. Statements .
The initial statement filed- by a person -appointed
to a designated position shall disclose any reportable
investments and interests in real property, regardless of his or
her disclosure category.
C. Contents of Annual Statements.
The annual statement filed by a designated person
shall disclose any reportable investments, interests in real
property, and income during theperiod since the previous
statement was filed.
D . Contents of Leaving Office Statements .
The leaving office statement filed by designated
persons shall disclose reportable investments, interests in real
4 property, and income during the period since the closing date of
the previous statement filed pursuant to this Code . The
statement shall include any investments in business entities,
6
interests in real property, and income held or received at any
time during the period covered by the statement, whether or not
they are still held at the time of filing.
E. Acquisition or Dis'posal During Reporting Period.
In the case of a statement filed under Sections 1
(C) and (D) , if the investment, or interest in real property,
was partially or wholly acquired or disposed of during the
period covered by the statement, the date of acquisition or
disposal shall be disclosed.
SECTION 700 . DISQUALIFICATION.
Designated persons must disqualify themselves from
making .or participating in the making of any decisions which
will foreseeably have a material financial effect ,
distinguishable from its effect on the public generally, on any
reportable interest of that person (except sources of gifts less
than $250 . 00.) , or any other financial interest as defined in
Government Code Section 87103. No designated person shall be
prevented from making or participating in the making of any
decision to the extent his or her participating is legally
required for the decision to be made .
SECTION 800 . MANNER OF DISQUALIFICATION.
A designated person required to disqualify himself or
herself shall notify his or her immediate supervisor in writing
whenever possible . This notice shall be forwarded to the
Secretary, who shall record the person' s disqualification. Upon
receipt of such statement, the superior shall immediately
reassign the matter to another employee .
7
In the case of a designated person who is a member of a
commission, board or committee, notice of disqualification shall
be given at the meeting during which consideration of the
decision takes place and shall be made part of the official
record of the commission, board or committee . The member shall
then refrain from participating and shall attempt in no way to
use his or her official position to influence any other person
with respect to the matter.
SECTION 900 . DEFINITION OF TERMS.
Definition of terms contained in this Code shall be
consistent with the definition of identical terms contained in
the Political Reform Act of 1974, Government Code 87100 et seq. ,
as amended, and with the definition of identical terms contained
in the latest Regulations of the Fair Political Practices
Commission, 2 Cal . Admin. Code 18700-18704 .
8 "
EXHIBIT "A"
DESIGNATED POSTTTONS DISCLOSURE CATFCORY
Members of the Governing Board 1, 2, 3, 4
Secretary to-the Governing Board 1, 2, 3, 4
Treasurer to the Governing Board 1, 2, 3, 4
Controller 1, 2, 3, 4