HomeMy WebLinkAboutMINUTES - 09241991 - 1.67 1. & 7
TO: BOARD OF SUPERVISORS Contra
FROM: Victor J. Westman, County Counsel Costa
By: Mary Ann McNett Mason, Deputy County Counsel =, S
A, :=�- -- �. .�.� County
DATE: September 17 , 1991
SUBJECT: Conflict of Interest Code for the Growth Management and
Economic Development Agency
SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
Recommended Action:
Approve the attached Conflict of Interest Code for the
Growth Management and Economic Development Agency (GMEDA) and
substitute that code for the existing Building Inspection,
Community Development and Public Works Departments ' conflictof
interest codes .
Background
The GMEDA has adopted the attached conflict of interest
code and submitted it to the Board for approval pursuant to
Government Code section 87303 .
MAM:f j b
FB-3 a:\mam\AudCOI\BO
CONTINUED ON ATTACHMENT: _Y-YES SIGNATURE: 1_
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COM EE G �—
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON 7 APPROVED AS RECOMMENDED x OTHER
j !I
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT S AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: County Administrator ATTESTED jo AnP,/
7 �77
Director, GMEDA PHIL BATCHfLOR,CLERK OF THE BOARD OF
County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR
M382 (10/88)
BY ,DEPUTY
CONFLICT OF INTEREST CODE
OF THE
GROWTH MANAGEMENT AND ECONOMIC DEVELOPMENT AGENCY
OF CONTRA COSTA COUNTY
AND ASSOCIATED SPECIAL DISTRICTS
Section 100. Purpose. Pursuant to the provisions of the Government Code
Sections 87300, et seq., the Growth Management and Economic Development Agency of
Contra Costa County, the Contra Costa County Flood Control and Water Conservation
District, Contra Costa County Storm Drainage Maintenance Districts; Contra Costa
County Storm Drainage District; Contra Costa County Water Agency; and Contra Costa
County Sanitation Districts #5, 713, 15 and 19 ("Associated Special Districts") hereby
adopt 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
et seq.). 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
and this Code 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
employees and are deemed to make, or participate in the making of, decisions �hich may
foreseeably have a material effect on a financial interest.
Section 300. Disclosure Statements. Designated positions shall be assigned to
Disclosure Category "1" set forth on Exhibit "B". Each designated employee shall file an
annual statement disclosing that employee's interest in investments, business positions,
real property, and income designated as reportable under the category to which the
employee's position is assigned.
Section 400. Place and Time of Filing.
a. All designated employees required to submit a statement of financial
interest shall file the original with the Administrative Services Officer of
their respective department in the Growth Management and Economic
Development Agency.
b. In the case of agency and department heads, and the members of boards
and commissions, the clerk or secretary of the agency which receives the
statement of financial interest shall make and retain a copy and forward
the original to the Clerk of the Board of Supervisors.
amflinLwd
(6!28191) 1
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, 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;
conflinuod
OW91) 2
(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 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
Ii 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 gift was
received;
(5) In the case of a loan, the annual interest rate and the security if any,
given for the loan.
contlinuod
(6w9l) 3
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.
d. Contents of Management Positions Reports:
When management positions are required to be reported, designated
employees shall list the name 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.
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."
L 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.
conflinUod
4
Section 600. Disqualification. Designated employees must disqualify themselves
from making or participating in the making of any decisions or using their o icia
I
position to influence the making of any decision in which they have a reportable, financial
interest when it is reasonably foreseeable that such interest may be materially affected by
the decision. No designated employees shall be required to disqualify themselves with
respect to any matter which could not be legally acted upon or decided without their
participation.
wnflinLood 5
EXHIBIT A
CONFLICT OF INTEREST - DESIGNATED POSITIONS
GMEDA:
Customer Services Manager
Director
Building Inspection:
Administrative Services Officer Electrical Inspector
Administrative Services Assistant Grading Engineer
Building Inspector II Grading Technician
Building Inspector I Housing/Rehab Coordinator
Chief Electrical Inspection Services Mechanical Inspector
Chief Mechanical Inspection Services Senior Grading Technician
Chief Residential Inspection Services Senior Structural Engineer
Deputy Director Special Programs Coordinator
Director Supervisor Inspection Services
Community Development:
Accountant(s) Planners 1, 11, 111
Accountanting Technician Planning and Economic Coordinator
Administrative Services Assistant III Principal Planner
Administrative Services Officer Resource Recovery Specialist
Civil Engineer Senior Planning Geologist
Deputy Director(s), Community Development Senior Transportation Planner
Director, Community Development Solid Waste Manager
Director, Redevelopment Transportation Planner
Environmental Planner Transportation Planning Manager
Housing and Community Development Planner
confflmcod
(6[2&91) 6
Public Works:
Administrative Services Assistant III
Administrative Services Officer
Assistant Real Property Agent
Associate Civil Engineer
Associate Real Property Agent
Associate Traffic,Engineer
Chief Public Works Maintenance Superintendent
Civil Engineer
Deputy Public Works Director
Engineer
Engineering Technician (Journey level and above)
Engineering Technician Supervisor - Construction
Engineering Technician Supervisor - Land Surveyor
Engineering Technician Supervisor - M & T
Environmental Planner
Junior Real Property Agent
Manager of Airports
Principal Real Property Agent
Public Works Computer Manager
Public Works Director'
Public Works Fiscal Officer
Public Works Maintenance Superintendent
Public Works Maintenance Supervisor
Senior Civil Engineer
Senior Hydrologist
Senior Real Property Agent
Stormwater Pollution Control Manager
Supervising Civil Engineer
Supervising Real Property Agent
Supervisor of Airport Operations
Vegetation Management Supervisor
The Title of Public Works Director includes:
County Surveyor
County Road Commissioner
Ex Officio Chief Engineer Contra Costa County Flood Control and Water Conservation District
Engineer Ex Officio Contra Costa County Sanitation Districts
Chief Engineer Contra Costa Water Agency
Ex Officio Chief Engineer Contra Costa County Storm Drainage Maintenance District
Ex Officio Chief Engineer Contra Costa County Storm Drainage District
conflint.wd
7
EXHIBIT "B"
Disclosure Cate Tory
General Rule
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 einployee's position.
1. Designated employees in Category "1" must report:
(a) 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 Contra Costa
County, or if the business entity is doing business or planning to do business in the
County (and such plans are known by the designated employee) or has done business
within the County at any time during the two years prior to the filing of the Statement.
(b) Investments in any business entity, and 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 Contra Costa County or the Growth Management and Economic
Development Agency or any associated special district to provide services, supplies,
materials, machinery, or equipment to the County or the Growth Management and
Economic Development Agency or any of the associated special districts.
c nflint"
(6/28;91) 8