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HomeMy WebLinkAboutMINUTES - 08131991 - 1.81 TO:" BOARD OF SUPERVISORS . Contra FROM: Costa Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Couns DATE` August 6 , 1991 County SUBJECT: Oakley-Bethel Island Wastewater Management Authority Conflict of Interest Code SPECIFIC REGUEBT(S)OR RECOMMENDATION($)i BACKGROUND AND JUSTIFICATION Recommendation: Revise the attached Conflict of Interest Code for the Oakley-Bethel Island Wastewater Management Authority as shown on Attachment A and approve the code as revised. Background: The governing board of the Oakley-Bethel Island Wastewater Management Authority adopted a Conflict of Interest Code (Attachment B) and submitted it to the board for approval pursuant to Government Code section 87303 . CONTINUED ON ATTACHMENT: YES SIGNATURE: ,,.,,—.RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD C MITTEE APPROVE OTHER SIGNATURE(S) y ACTION OF BOARD ON E APPROVED AS RECOMN:ENDED OTHER VOTE OF SUPERVISORS UNANIMOUS (ABSENT �\ ) I HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. CC: Coun.ty' Adminl:stratoT ATTESTED County Counsel Phil Batchelor,berk of the Board of 0 akl ev-Beth@ 1 Island Wa s_t-elvia t er Mgr.t, $upBcviSOfs and Ccttntp AdminislxatOt M3e2/7-e3 BY DEPUTY ATTACHMENT "A" CONFLICT OF INTEREST CODE OF THE OAKLEY/BETHEL ISLAND WASTEWATER MANAGEMENT AUTHORITY SECTION 100 . Purpose. Pursuant to the provisions of Government Code Sections 87300, et seq. , the Oakley/Bethel Island Wastewater Management Authority hereby adopts the following Conflict of Interest Code. Nothing contained herein is intended to modify or abridge the provisions of the Political Reform Act of 1974 (Gov. Code § 81000 ) . The provisions of this Code are additional to Government Code section 87100 and other laws pertaining to conflicts of interest. Except as otherwise indicated, the definitions of said Act and regulations adopted pursuant thereto are incorporated herein in this Code and shall be interpreted in a manner consistent therewith. SECTION 200 . Designated Positions . The .positions listed on Exhibit "A" are designated positions . Officers and employees holding those positions are designated officer/employees and are deemed to make, or participate in the making of, decisions which may foreseeably have a material effect on a financial interest. SECTION 300 . Disclosure Statements . Designated positions shall be assigned to one or more of the disclosure categories set forth on Exhibit "B" . Each designated officer/employee shall file an annual statement disclosing that officer/employee's interest in investments, and business positions, real property, and income, designated as reportable under the category to which the employee' s position is assigned on Exhibit "B" . SECTION 400 . Place and Time of Filing. (a ) All designated officer/employees required to submit a statement of financial interests shall file the original with the filing officer. (b) The filing officer shall make and retain a copy and forward the original to the Clerk of the Board of Supervisors . (c) 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 initial statements within thirty 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 thirty days after the effective date of the amendment. Employees appointed, -1- promoted or transferred to designated positions shall file initial statements within 30 days after date of appointment, ' promotion or transfer. (d) Annual statements shall be filed during the month of February by all designated employees . Such statements shall cover the period of the preceding calendar year. Closing statements shall be filed within 30 days of leaving a designated position. Such statements shall cover the period from the closing date of the last statement filed to the date of leaving the positions . (e) A designated employee required to file a statement of financial interest under any other agency' s conflict of interest code, or under Article 2 of Chapter 7 of the Political Reform Act for a jurisdiction contained within the territorial jurisdiction of this agency may comply with the provisions of this Code by filing a duplicate copy of that statement and an expanded statement which covers reportable interests in that portion of this agency' s jurisdiction which differs from the jurisdiction described in the other statement . SECTION 500 . Contents of Disclosure Statements . Disclosure Statements shall be made on forms supplied by the Clerk of Contra Costa County, and shall contain the following information: (a) 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: ( 1 ) A statement of the nature of the investment or interest; ( 2 ) 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; ( 3 ) The address or other precise location of the real property; (4 ) A statement whether the fair market value of the investment or interest in real property equals or exceeds one thousand dollars ( $1,000 ) but does not exceed ten thousand ($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 -2- which is the principal residence of the filer or any other property which the filer utilizes exclusively as the personal residence of the filer. (b) Contents of Personal Income Reports : When personal income is required to be reported, the statement shall contain: ( 1 ) The name and address of each source of income aggregating two hundred and 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. In the case of a gift received through an intermediary, the name, address , and business activity of both the donor and the intermediary must be disclosed. (2 ) 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 fifty dollars ( $250) but did not exceed one thousand Dollars ( $1,000) , whether it was in 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 ) . ( 3 ) A description of the consideration, if any for which the income was received; ( 4 ) In the case of a gift, the amount and the date on which the income was received; ( 5 ) In the case of a loan, the annual interest rate and the security if any, given for the loan. (c) Contents of Business Entity Income Reports: When income of a business entity, including income of a sole proprietorship, is required to be reported, the statement shall contain; ( 1 ) The name, address, and a general description of the business activity of the business entity; ( 2) The name of every person from whom the business entity received payments if the filer's prorata share of gross receipts from such person was equal to or greater than ten thousand dollars ( $10, 000) during a calendar year. -3- (d) Contents of Management Positions Reports: When management positions are required to be reported, designated officer/employees shall list the name of each business entity not specified above in which they are director, officer, partner, trustee, employee, or in which they hold any position of management. (e) Initial Statement: The initial statement filed by a designated employee employed on the effective date of this code shall disclose investments, business positions, interests in real property held on the effective date of this code and income received during the 12 months before the effective date of this code. Thereafter, the initial statement filed by an employee already in a position when it is designated by amendment to this code or by an employee appointed, transferred, or promoted to a designated position shall disclose any reportable investments , business positions and interests in real property held on, and income received during the 12 months before the effective date of the amendment, appointment, transfer or promotion. (f ) Acquisition or Disposal During Reporting Period: In the case of a statement filed under Section 400 (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 . SECTION 600 . Disqualification . Designated employees must disqualify themselves from making or participating in the making of any decisions or using their official position to influence the making of any decision in which they have a financial interest when it is reasonably foreseeable 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. MAM:f jb FB3 a:\mam\memo\0k1y-Bth.001 -4- EXHIBIT "A" Designated positions - Disclosure Category I Directors Authority Engineer General Counsel Designated Positions - Disclosure Category II Secretary Treasurer Board Clerk -5- EXHIBIT "B" Disclosure Categories An investment, interest in real property, or income is reportable if the business entity in which the investment is held, the interest in real property, or the income or source of income may foreseeably be affected materially by any decision made or participated in by the designated employee by virtue of the employee' s position. Designated Employees in Group " 1 " must report: All investments , interests in real property, income, and any business entity in which the person is a director, officer, partner, trustee, employee, or holds any position of management. Financial interests are reportable only if located within the County of Contra Costa or if the business entity is doing business or planning to do business in the County of Contra Costa (and such plans are known by the designated employee) or has done business within the County of Contra Costa at any time during the two years prior to the filing of the statement . Designated Employees in Group "2" must report: Investments in any business entity, income from any source, and status as a director, officer, partner, trustee, employee, or holder of a position of management in any business entity which has within the last two years contracted or foreseeably may contract with Oakley/Bethel Island Wastewater Management Authority to provide services, supplies, materials, machinery, or equipment. -6-