Loading...
HomeMy WebLinkAboutMINUTES - 09271994 - 1.73 r, 73 TO: BOARD OF SUPERVISORS FROM: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel - � DATE: September 15, 1994 SUBJECT: Amendment to Conflict of Interest Code of the Delta Diablo Sanitation District SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Approve Amendment to the Delta Diablo Sanitation District' s Conflict of Interest Code, as shown on the attached Resolution from the District. BACKGROUND/REASONS FOR RECOMMENDATIONS The Delta Diablo Sanitation District has amended its code and submitted the amendment to the Board for approval pursuant to Government Code sections 87306 and 87306 . 5 . CONTINUED ON ATTACHMENT: YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON 9 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Orig: County Counsel ATTESTED ,jm,G-e., f 99��- _ cc: Clerk, Board of Supervisors PHIL BATCHEjLOR, CLERK OFF Delta Diablo Sanitation District THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR MAM/f 'b BY__%L L� '�(�Q�, , DEPUTY 7 fjb 3-93a:\board.frm f - BEFORE THE BOARD OF DIRECTORS OF r . DELTA DIABLO SANITATION DISTRICT Re: Amending the District's ) Conflict of Interest Code ) RESOLUTION NO. 12/94 ) THE BOARD OF DIRECTORS OF DELTA DIABLO SANITATION DISTRICT RESOLVES THAT, pursuant to the Political Reform Act, which governs Conflict of Interest Codes, and to bring the District's Code into compliance with current law, this Board approves the proposed amendments to Resolution No. 3/90, as attached hereto and approves the following amendment to Exhibit "A" of the Conflict of Interest Code, and directs staff to transmit this Code by October 1, 1994, to the Contra Costa County Board of Supervisors for review and approval . Exhibit "All to the Conflict of Interest Code shall be amended to include "District Counsel, " "Personnel Officer, " "Office Manager, " "Inventory Control Specialist, " "Planning and Development Engineer" , "Administrative Services Manager" , and "Plant Manager" , in the list of designated positions with disclosure categories "1 & 2" . Exhibit "A" shall be further amended to delete the following designated positions: "Deputy District Engineer" , "Assistant Engineer" , "Systems Analyst" , "Accounting Manager" , "Chief of Operations and Maintenance" , "Superintendent of Operations" , and "Superintendent of Maintenance. " PASSED AND ADOPTED on August 17, 1994, by the following vote: AYES: CANCIAMILLA, KELLER and TORLAKSON NOES: NONE ABSENT: NONE ABSTAIN: NONE I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution adopted by the Board of Directors of Delta Diablo Sanitation District on August 17, 1994. ATTEST: Paul H. Causey Secretary to the Board of Directors CC: District Counsel District File RESOLUTION NO. 12/94 CONFLICT OF INTEREST CODE DELTA DIABLO SANITATION DISTRICT SECTION 100. Pu=se. Pursuant to the provisions of Government Code Sections 87300, et seq., the Delta Diablo Sanitation District 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. 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 which may foreseeably have a material effect on a financial interest. SECTION 300. Disclosure Statement. (a) This Code does not establish any disclosure obligation for those designated employees who are also specified in Government Code Section 87200 if they are designated in this Code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their financial interests pursuant to Article 2 of Chapter 7 of the Political Reform Act, Government Code Sections 87200, et seq. Such persons are covered by this Code for disqualification purposes only. (b) Designated positions shall be assigned to one or more of the disclosure categories set forth in Exhibit "B." With the exception of those designated employees who are exempt pursuant to subsection (a), each designated employee shall file an annual statement disclosing that employee's interest in investments, real property, business positions, 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 interests shall file the original with the District's Assistant Secretary to the Board of Directors. (b) In the case of the General Manager and the members of the Board of Directors, the Assistant Secretary to the Board of Directors, or the designee of the General Manager, shall make and retain a copy of the statement of fniancial interest and forward the original to the Clerk of the Board of Supervisors. -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 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 thirty days after date of appointment, promotion, or transfer. (d) Annual statements shall be filed during the month of April by all designated employees. Such statements shall cover the period of the preceding calendar year. Closing statements shall be filed within thirty 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 position. (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 the 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 County Clerk 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 investments 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 ($1,000.00) but does not exceed Ten Thousand Dollars ($10,000.00), whether it exceeds Ten Thousand Dollars ($10,000.00) but does not exceed One Hundred Thousand Dollars ($100,000.00), or whether it exceeds One Hundred Thousand Dollars ($100,000.00). This information need not be provided with respect to an interest in real property which the filer utilizes exclusively as the personal residence of the filer. -2- (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 ($250.00) or more in value, or Fifty Dollars ($50.00) 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 ($250.00) but did not exceed One Thousand Dollars ($1,000.00), whether it was in excess of One Thousand Dollars ($1,000.00) but was not greater than Ten Thousand Dollars ($10,000.00), or whether it was greater than Ten Thousand Dollars ($10,000.00); (3) A description of the consideration, if any, for which the income was received; (4) In the case of a gift, the amount and 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. (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 ($10,000.00) during a calendar year. (d) Contents of Business Positions Reports: When business positions are required to be reported, a designated employee shall list the name of each business entity in which he or she is a director, officer, partner, trustee, employee, or in which he or she holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. -3- (e) Initial Statement: The initial statement filed by a designated employee employed on the effective date of this Code shall disclose investments, business positions and interests in real property held on the effective date of this Code and income received during the 12 months before the effective date of the Code. Thereafter, the initial statement filed by an employee appointed 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 date of appointment. (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. A designated employee must disqualify himself from making or participating in the making of any decision or using his official position to influence the making of any decision in which he has a reportable 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 of which could not be legally acted upon or decided without his participation. -4- CONFLICT OF INTEREST CODE t EXHIBIT "A" DESIGNATED POSITIONS DISCLOSURE CATEGORY Members of the Board of Directors* 1 & 2 .District Counsel 1 & 2 General Manager/District Engineer 1 & 2 Engineering: Technical Services Manager 1 & 2 Senior Engineer 1 & 2 Planning & Development Engineer 1 & 2 Associate Engineer 1 & 2 Construction/Collection: Construction Manager 1 & 2 Collection System Supervisor 1 & 2 Construction Inspector 1 & 2 Administration: Administrative Services Manager 1 & 2 Personnel Officer 1 & 2 Office Manager 1 & 2 Operations, Maintenance & Laboratory: Director of Water Quality Laboratory 1 & 2 and Industrial Monitoring Plant Manager 1 & 2 Industrial Monitoring Inspector 1 & 2 Operations Supervisor 1 & 2 Maintenance Supervisor 1 & 2 Inventory Control Specialist 1 &2 -5- Consultants** *The members of the Board of Directors include: e Chair of the Board of Supervisors, and the designated alternate Mayor of the city of Antioch, and the designated alternate Mayor of the city of Pittsburg, and the designated alternate **Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation: The General Manager/District Engineer may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The General Manager/District Engineer's determination is a public record and shall be retained for public ispection in the same manner and location as this conflict of interest code. -6- i CLERK OF THE BOARD Inter - Office Memo TO: County Counsel DATE: 8/25/94 Attn: Mary Anne Mason Deputy County Counsel n FROM: Jeanne Maglio' Chief Clerk SUBJECT: Proposed Change for Conflict of Interest Code By this memo is transmitted for your review the proposed change to the Conflict of Interest Code for Delta Diablo Sanitary District Upon receipt of your recommendation, the amended Code will be listed on the Board Agenda. jm Attachment cc: Dion C. Weaver Delta Diablo Sanitary District RETURN BY OCTOBER 3, 1994 TO: Clerk of the Board ` pS13PERV6SCRS A."ACof Supervisors 651 Pine Street, Sui. Martinez, California 94553 SUBJECT: Statement for Government Code Section 87306.5 A. The Conflict of Interest Code for has been reviewed for the 1992-1994 review period and found that it does not need to be amended at this time. (OR) B. X The proposed amendment to the Conflict of Interest Code for -Dj'j9b/o submitted to the code reviewing body, the Board of Supervisors, for approval. Your proposed amendment must accompany this form. Dated: �yZ q ,/"� C Completed By Agency: De I L"t- D,'a/h- /o 5trn. D1 1:9 Address: ;Z5oy F'A ,bua- lq)7 I—, �Wf Aaooh , U� 955"09 Telephone No. : 5/o �j 77� '7z© T THE FILING DATE FOR SUBMITTING THIS DOCUMENTS IS OCTOBER 3, 1994 - Delta Diablo Sanitation District OFFICE AND TREATMENT PLANT: 2500 PITTSBURG-ANTIOCH HIGHWAY,ANTIOCH, CA 94509 TELEPHONE: (510) 778-4040 ADMIN. FAX: (510) 778-8513 ENG. FAX: (510) 706-7156 MAINT. FAX: (510) 778-8565 ITEM E/5 August 17, 1994 APPROVE AMENDMENT TO DISTRICT CONFLICT OF INTEREST CODE The District is required to review its Conflict of Interest Code on the even numbered years. Staff has prepared the amendment to the Code to reflect changes in positions and authority. The amendment has been reviewed by District Counsel. A resolution approving the amendment, along with the amended Code, is attached for Board approval. RECOMMENDATION Approve resolution amending the District's Conflict of Interest Code and authorization to forward to County Board of Supervisors for final approval. SOURCE OF FUNDING N/A IMPACT ON O&M BUDGET N/A Signature. (i.(1� Paul H. Causey, General Marrjager/District Engineer * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * YES Action of Board on August 17, 1994 Approved as Recommended Other Action: AYES: CANCIAMILLA and KELLER NOES: NONE ABSTAIN: NONE ABSENT: TORLAKSON Attachments: Resolution Amended Conflict of Interest Code CC: District Counsel District File A political subdivision of the State of California.Provides Wastewater Treatment services to the citizens of Antioch,Pittsburg,and West Pittsburg. BEFORE THE BOARD OF DIRECTORS OF DELTA DIABLO SANITATION DISTRICT Re: Amending the District' s ) Conflict of Interest Code ) RESOLUTION NO. 12/94 THE BOARD OF DIRECTORS OF DELTA DIABLO SANITATION DISTRICT RESOLVES THAT, pursuant to the Political Reform Act, which governs Conflict of Interest Codes, and to bring the District' s Code into compliance with current law, this Board approves the proposed amendments to Resolution No. 3/90, as attached hereto and approves the following amendment to Exhibit "Al' of the Conflict of Interest Code, and directs staff to transmit this Code by October 1, 1994, to the Contra Costa County Board of Supervisors for review and approval . Exhibit "Al' to the Conflict of Interest Code shall be amended to include "District Counsel, " "Personnel Officer, " "Office Manager, " "Inventory Control Specialist, " "Planning and Development Engineer" , "Administrative Services Manager" , and "Plant Manager" , in the list of designated positions with disclosure categories "1 & 2" . Exhibit "A" shall be further amended to delete the following designated positions: "Deputy District Engineer" , "Assistant Engineer" , "Systems Analyst" , "Accounting Manager" , "Chief of Operations and Maintenance" , "Superintendent of Operations" , and "Superintendent of Maintenance. " PASSED AND ADOPTED on August 17, 1994, by the following vote: AYES : CANCIAMILLA, KELLER and TORLAKSON NOES : NONE ABSENT: NONE ABSTAIN: NONE I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution adopted by the Board of Directors of Delta Diablo Sanitation District on August 17, 1994 . ATTEST: Paul H. Causey Secretary to the Board of Directors CC: District Counsel District File RESOLUTION NO. 12/94 CONFLICT OF INTEREST CODE DELTA DIABLO SANITATION DISTRICT SECTION 100. Purpose. Pursuant to the provisions of Government Code Sections 87300, et seq., the Delta Diablo Sanitation District hereby adopts the following Conflict of Interest Code. Nothing contained herein is intended to modify or abridge the provisions of tfie Political Reform Act of 1974. 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 which may foreseeably have a material effect on a financial interest. SECTION 300. Disclosure Statement. (a) This Code does not establish any disclosure obligation for those designated employees who are also specified in Government Code Section 87200 if they are designated in this Code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their financial interests pursuant to Article 2 of Chapter 7 of the Political Reform Act, Government Code Sections 87200, et seq. Such persons are covered by this Code for disqualification purposes only. (b) Designated positions shall be assigned to one or more of the disclosure categories set forth in Exhibit "B." With the exception of those designated employees who are exempt pursuant to subsection (a), each designated employee shall file an annual statement disclosing that employee's interest in investments, real property, business positions, 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 interests shall file the original with the District's Assistant Secretary to the Board of Directors. (b) In the case of the General Manager and the members of the Board of Directors, the Assistant Secretary to the Board of Directors, or the designee of the General Manager, shall make and retain a copy of the statement of financial interest and forward the original to the Clerk of the Board of Supervisors. -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 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 thirty days after date of appointment, promotion, or transfer. (d) Annual statements shall be filed during the month of April by all designated employees. Such statements shall cover the period of the preceding calendar year. Closing statements shall be filed within thirty 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 position. (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 the 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 County Clerk 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 investments 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 ($1,000.00) but does not exceed Ten Thousand Dollars ($10,000.00), whether it exceeds Ten Thousand Dollars ($10,000.00) but does not exceed One Hundred Thousand Dollars ($100,000.00), or whether it exceeds One Hundred Thousand Dollars ($100,000.00). This information need not be provided with respect to an interest in real property which the filer utilizes exclusively as the personal residence of the filer. -2- (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 ($250.00) or more in value, or Fifty Dollars ($50.00) 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 ($250.00) but did not exceed One Thousand Dollars ($1,000.00), whether it was in excess of One Thousand Dollars ($1,000.00) but was not greater than Ten Thousand Dollars ($10,000.00), or whether it was greater than Ten Thousand Dollars ($10,000.00); (3) A description of the consideration, if any, for which the income was received; (4) In the case of a gift, the amount and 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. (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 ($10,000.00) during a calendar year. (d) Contents of Business Positions Reports: When business positions are required to be reported, a designated employee shall list the name of each business entity in which he or she is a director, officer, partner, trustee, employee, or in which he or she holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. -3- (e) Initial Statement: The initial statement filed by a designated employee employed on the effective date of this Code shall disclose investments, business positions and interests in real property held on the effective date of this Code and income received during the 12 months before the effective date of the Code. Thereafter, the initial statement filed by an employee appointed 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 date of appointment. (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. A designated employee must disqualify himself from making or participating in the making of any decision or using his official position to influence the making of any decision in which he has a reportable 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 of which could not be legally acted upon or decided without his participation. -4- CONFLICT OF INTEREST CODE r EXHIBIT "A" DESIGNATED POSITIONS DISCLOSURE CATEGORY Members of the Board of Directors* 1 & 2 District Counsel 1 & 2 General Manager/District Engineer 1 & 2 Engineering: Technical Services Manager 1 & 2 Senior Engineer 1 & 2 Planning & Development Engineer 1 & 2 Associate Engineer 1 & 2 Construction/Collection: Construction Manager 1 & 2 Collection System Supervisor 1 & 2 Construction Inspector 1 & 2 Administration: Administrative Services Manager 1 & 2 Personnel Officer 1 & 2 Office Manager 1 & 2 Operations, Maintenance & Laboratory: Director of Water Quality Laboratory 1 & 2 and Industrial Monitoring Plant Manager 1 & 2 Industrial Monitoring Inspector 1 & 2 Operations Supervisor 1 & 2 Maintenance Supervisor 1 & 2 Inventory Control Specialist 1 & 2 -5- Consultants** *The members of the Board of Directors include: Chair of the Board of Supervisors, and the designated alternate Mayor of the city of Antioch, and the designated alternate Mayor of the city of Pittsburg, and the designated alternate .**Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation: The General Manager/District Engineer may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The General Manager/District Engineer's determination is a public record and shall be retained for public ispection in the same manner and location as this conflict of interest code. -6- TO: BOARD OF SUPERVISORS FROM: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel DATE: September 15, 1994 SUBJECT: Amendment to Conflict of Interest Code of the Contra Costa Transportation Authority SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Approve Amendments to the Contra Costa Transportation Authority's Conflict of Interest Code as shown on the attached resolution from the Authority. BACKGROUND/REASONS FOR RECOMMENDATIONS The Contra Costa Transportation Authority has amended its code and submitted the amendment to the Board for approval pursuant to Government Code sections 87306 and 87306 .5 . CONTINUED ON ATTACHMENT: YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON SEP 2 7 199 APPROVED AS RECOMMENDED _X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Orig: County Counsel ATTESTED SEP 2 71994 cc: Clerk, Board of Supervisors PHIL BATCHELOR, CLERK OF Contra Costa Transportation Authority THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY�(�, ��� � DEPUTY COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: September 15, 1994 To: Clerk, Board of Supervisors From: Victor J. Westman, County Counsel ✓✓�� By: Mary Ann McNett Mason, Deputy County Counsel ,9 Re: Conflict of Interest Code of the Contra Costa Transportation Authority Attached hereto are amendments to the Conflict of Interest Code for the above-named entity. The amendments are approved as to form. Please place this matter on the Board of Supervisors ' agenda as requested by the above-named entity. A draft Board order is attached. MAM/jh cc: Jeff Davis, Contra Costa Transportation Authority attachments FJB-4a:\conf1ict.fm RETURN BY OCTOBER 3, 1994 TO: Clerk of the Board of Supervisors 651 Pine Street, Suite 10 Martinez, California 94S! 3.:- RECEIVED SUBJECT: Statement for Government Code Section 87306.5 � 29 M A. The Conflict of Interest Code for KB�R00F STA CC SUPERVIS;}R5 has been reviewed for the 1992-1994 review period and found that it does not need to be amended at this time. (OR) B. The proposed amendment to the Conflict of Interest Code for Lo K jva Co s-}p,-, Tia n s oo �K submitted to the code reviewing body, the Board of Supervisors, for approval. Your proposed amendment must accompany this form. Dated: 7 jj- Co( DteW By Agency: CCTA Address: 340 7rne : L?1V-A 5"t1�0 W cLkV O- C-tA k.i CA— Q9 1-9(-p Telephone No. : 5)0 -)S (O -4--Z THE FILING DATE FOR SUBMITTING THIS DOCUMENTS IS OCTOBER 3, 1994 ORIGINAL CONTRA COSTA TRANSPORTATION AUTHORITY RESOLUTION NO. 94-10-A RE : Biennial review of Conflict of Interest Code (Chapter 4 of Authority Administrative Code) and amendments to conform Code to changes in the law WHEREAS, Section 87306. 5 of the California Government Code requires the Authority to review its Conflict of Interest Code in response to a direction from the Authority's code reviewing body and to amend the Code if changed circumstances necessitate a change in the Code; WHEREAS, the County of Contra Costa, as the Authority's code reviewing body has directed the Authority to review its Code and to amend, if required, and submit an amended Conflict of Interest Code to the County for its review and approval; and WHEREAS, a change in the Political Reform Act (Government Code Sections 81000 et seq. ) with respect to the obligation of certain designated employees with reference to the filing of assuming and leaving office statements, necessitates a change in the Authority' s Code; NOW THEREFORE, BE IT RESOLVED, that the Conflict of Interest Code of the Contra Costa Transportation Authority be and it hereby is amended as follows : (1) Section 401. 1 of the Code is amended by the insertion of the words "as amended" following the words "Political Reform Act of 1974" in the fifth line of such section; (2) Section 404.1, subdivision (c) is amended by deleting the word "Employees" in the third sentence of such Section and inserting in lieu thereof, the words "Designated employees" ; (3) Section 404 . 1 is amended by the addition of a new subdivision (f) to read in full as follows: (f) Any designated employee required to file a statement with the Authority who resigns his position with the Authority within 12 months following initial appointment or within 30 days of the date of a notice mailed by the Executive Director of the Authority of the employee' s filing obligation, whichever is earlier, is not deemed to assume or leave office, provided that during the period between appointment and resignation, the individual does not make, participate in making, or use the position to influence any decision of the Authority or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. Within 30 days of the date of a notice mailed by the Authority, the employee shall do both of the following: (1) File a written resignation with the appointing power. (2) File a written statement with the Authority on a form prescribed by the Fair Political Practices Commission and signed under penalty of perjury stating that the employee, during the period between appointment and resignation, did not make, participate in the making, or use the position to influence any decision of the Authority or receive, or become entitled to receive any form of payment by virtue of being appointed to the position. The foregoing resolution shall be effective upon adoption by a majority of the members of the Authority, subject to review and approval by the County as the Authority's code reviewing body. J el Keller, Chair This RESOLUTION was entered into at a meeting of the Contra Costa Transportation Authority held on July 20, 1994 in Walnut Creek, CA. Attest: /V UaaAA-1 R t . Xcleary, Executive DILer r CLERK OF THE BOARD Inter - Office Memo TO: County Counsel DATE: Attn: Mary Anne Mason Deputy County Counsel FROM: Jeanne Maglio Chief Clerk SUBJECT: Proposed Change for Conflict of Interest Code By this memo is transmitted for your review the proposed change to the Conflict of Interest Code for Contra Costa Transportation Authority Upon receipt of your recommendation, the amended Code will be listed on the Board Agenda. jm Attachment cc : CCTA 1340 Treat Blvd. , Ste 150 Walnut Creek, CA. 94595 RETURN BY OCTOBER 3, 1994 TO: Clerk of the Board of Supervisors 651 Pine Street, Suite 106 Martinez, California 945 3;�- RECEIVED SUBJECT: Statement for Government Code Section 87306.5 A. The Conflict of Interest Code for CLERKBOARD OFCOSTA CO. SU -CC-.—ORS has been reviewed for the 1992-1994 review period and found that it does not need to be amended at this time. (OR) B. The proposed amendment to the Conflict of Interest Code for (.p wtv'a LoY�-tV �(p pts p r'►�.�7 i-O h submitted to the code reviewing body, the Board of Supervisors, for approval. Your proposed amendment must accompany this form. Dated: Co(DVeW By Agency: e e`TA- Address: I340 'Tr-ea ' 13Ivol. 5";b IS-0 W0-kV,,CI- G-e.ek, c gyr9� Telephone No. : 5)0 (O -4"7-Z THE FILING DATE FOR SUBMITTING THIS DOCUMENTS IS OCTOBER 3, 1994 ORIGINAL CONTRA COSTA TRANSPORTATION AUTHORITY RESOLUTION NO. 94-10-A RE : Biennial review of Conflict of Interest Code (Chapter 4 of Authority Administrative Code) and amendments to conform Code to changes in the law WHEREAS, Section 87306. 5 of the California Government Code requires the Authority to review its Conflict of Interest Code in response to a direction from the Authority's code reviewing body and to amend the Code if changed circumstances necessitate a change in the Code; WHEREAS, the County of Contra Costa, as the Authority' s code reviewing body has directed the Authority to review its Code and to amend, if required, and submit an amended Conflict of Interest Code to the County for its review and approval; and WHEREAS, a change in the Political Reform Act (Government Code Sections 81000 et seq. ) with respect to the obligation of certain designated employees with reference to the filing of assuming and leaving office statements, necessitates a change in the Authority' s Code; NOW THEREFORE, BE IT RESOLVED, that the Conflict of Interest Code of the Contra Costa Transportation Authority be and it hereby is amended as follows: (1) Section 401.1 of the Code is amended by the insertion of the words "as amended" following the words "Political Reform Act of 1974" in the fifth line of such section; (2) Section 404 . 1, subdivision (c) is amended by deleting the word "Employees" in the third sentence of such Section and inserting in lieu thereof, the words "Designated employees" ; (3) Section 404. 1 is amended by the addition of a new subdivision ( f) to read in full as follows: (f) Any designated employee required to file a statement with the Authority who resigns his position with the Authority within 12 months following initial appointment or within 30 days of the date of a notice mailed by the Executive Director of the Authority of the employee' s filing obligation, whichever is earlier, is not deemed to assume or leave office, provided that during the period between appointment and resignation, the individual does not make, participate in making, or use the position to influence any decision of the Authority or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. Within 30 days of the date of a notice mailed by the Authority, the employee shall do both of the following: (1) File a written resignation with the appointing power. (2) File a written statement with the Authority on a form prescribed by the Fair Political Practices Commission and signed under penalty of perjury stating that the employee, during the period between appointment and resignation, did not make, participate in the making, or use the position to influence any decision of the Authority or receive, or become entitled to receive any form of payment by virtue of being appointed to the position. The foregoing resolution shall be effective upon adoption by a majority of the members of the Authority, subject to review and approval by the County as the Authority's code reviewing body. J el Keller, Chair This RESOLUTION was entered into at a meeting of the Contra Costa Transportation Authority held on July 20, 1994 in Walnut Creek, CA. Attest: c,arn RNgart A. 'Kc learyy, Executive D ec r 3 TO: BOARD OF SUPERVISORS FROM: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel !T• /, / . DATE: September 15, 1994 SUBJECT: Amendment to Conflict of Interest Code of the Diablo Water District SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Approve Amendments Diablo Water District' s Conflict of Interest Code to the attached as said code, as shown on the attached memorandum from the Diablo Water District. BACKGROUND/REASONS FOR RECOMMENDATIONS The Diablo Water District has amended its code and submitted the amendment to the Board for approval pursuant to Government Code sections 87306 and 87306 .5. CONTINUED ON ATTACHMENT: x YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT = TRUE AND CORRECT COPY OF AN 74- AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Orig: County Counsel ATTESTED SEP 2 71994 cc: General Manager PHIL BATCHELOR, CLERK OF Diablo Water District THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY .1 , Q ,, , 00 A A� , DEPUTY ` aT 1 t a �• ��.J COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: September 15, 1994 To: Clerk, Board of Supervisors From: Victor J. Westman, County Counsel n By: Mary Ann McNett Mason, Deputy County Counsel Re: Conflict of Interest Code of the Diablo Water District Attached hereto are amendments to the Conflict of Interest Code for the above-named entity. The amendments are approved as to form. Please place this matter on the Board of Supervisors ' agenda as requested by the above-named entity. A draft Board order is attached. MAM/jh cc: Mike Yeraka, General Manager Diablo Water District attachments FJB-6a:\conf1ict.fm RECEIVED AUG 1 5 M DIABLO RK BOAR ARAO UPERVISORS WATER DISTRICT Po-� x,27 August 2, 1994 3100 Mam,Srset. Suite 278 Oakley.GA 94571-0121 510•X25'3i9C Fax 510.525.0814 County Clerk V 'f''l '`41 , Contra Costa County =y Glcr,: 651 Pine Street, Suite 106 .h L c•D en P. O. Box 911 Martinez, CA 94553 Re: Statement of Government Code Section 87306.5 A;,_,.;.: Enclosed is a proposed amendment to the Conflict of Interest Code of Diablo Water District. The only amendments are minor revisions of the first (incorporation) page. There is no change in the appendix. The amendment is submitted to the code reviewing body, the Board of Supervisors of Contra Costa County, for approval. Sincerely, Mike Yeraka General Manager Adopted by B/D OWD 12/22/76 Approved by B/S CCC 1/25/77 Amended by B/S CCC 1/6/81 Amended by B/D DWD REGULATION NO. 102 CONFLICT OF INTEREST CODE OF DIABLO WATER DISTRICT The Political Reform Act, Government Code, Section 81000, et seq., requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation, 2 Cal. Code of Regs. Section 18730, which contains the terms of a standard conflict of interest code. It can be incorporated by reference and may be amended by the Fair Political Practices Commission after public notice and hearings to conform to amendments in the Political Reform Act. Therefore, the terms of 2 Cal. Code of Regs. Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and, along with the attached Appendix in which directors and employees are designated and disclosure categories are set forth, constitute the Conflict of Interest Code of Diablo Water District. Directors and designated employees shall file statements of economic interests with the Secretary who will make the statements available for public inspection and reproduction (Government Code, section 81008). Upon receipt of the statements of the directors and General Manager the Secretary shall make and retain a copy and forward the original of these statements to the Clerk of the Board of Supervisors of Contra Costa County. Statements for all other designated employees will be retained by the District. APPENDIX to the Conflict of Interest Code for the Diablo Water District Designated Positions Disclosure Categories Each Director and All sources of income, interests in candidate for office of Director real property and investments and business positions in business General Manager entities. Attorney Administrative Assistant Investments and business positions in business entities and sources of Accounting Office income which provide services, Manager supplies, materials, machinery or equipment of the type used by Superintendent of the District. Operations Consultants The General Manager may determine in writing that a particular consultant, although a "designated position", is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The General Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. CLERK OF THE BOARD Inter - Office Memo TO: County Counsel DATE: 8/16/94 Attn: Mary Anne Mason Deputy County Counsel FROM: Jeanne Maglio Chief Clerk SUBJECT: Proposed Change for Conflict of Interest Code By this memo is transmitted for your review the proposed change to the Conflict of Interest Code for Diablo Water District Upon receipt of your recommendation, the amended Code will be listed on the Board Agenda. jm Attachment cc: Mike Yeraka, General Manager Diablo Water District RECEIVED AUG 1 5 W4 WATER BL O [CLERK BOARD OF CONTRA COS q�RViSORS W ER -- a DISTRICT P.O.Box 127 August 2, 1994 3100 Main Street, Suite 278 Oakley,CA 94561-0127 510.625.3798 Fax 510.625.0814 Directors: County Clerk V.Wallace Allen Bill E.Brandt Contra Costa County Bi Leonard Celoni 651 Pine Street, Suite 106 Kenneth L.Crockett P. O. BOX 911 Howard Hobbs Martinez, CA 94553 General Manager a Secretary: Re: Statement of Government Code Section 87306.5 Mike Yeraka Attorney: Enclosed is a proposed amendment to the Conflict of Interest Code of Diablo Frederick Bold Jr. water District. The only amendments are minor revisions of the first (incorporation) page. There is no change in the appendix. The amendment is submitted to the code reviewing body, the Board of Supervisors of Contra Costa County, for approval. Sincerely, �7 Mike Yeraka General Manager 0 Adopted by B/D OWD 12/22/76 Approved by B/S CCC 1/25/77 Amended by B/S CCC 1/6181 Amended by B/D DWD REGULATION NO. 102 CONFLICT OF INTEREST CODE OF DIABLO WATER DISTRICT The Political Reform Act, Government Code, Section 81000, et seq., requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation, 2 Cal. Code of Regs. Section 18730, which contains the terms of a standard conflict of interest code. It can be incorporated by reference and may be amended by the Fair Political Practices Commission after public notice'and hearings to conform to amendments in the Political Reform Act. Therefore, the terms of 2 Cal. Code of Regs. Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and, along with the attached Appendix in which directors and employees are designated and disclosure categories are set forth, constitute the Conflict of Interest Code of Diablo Water District. Directors and designated employees shall file statements of economic interests with the Secretary who will make the statements available for public inspection and reproduction (Government Code, section 81008). Upon receipt of the statements of the directors and General Manager the Secretary shall make and retain a copy and forward the original of these statements to the Clerk of the Board of Supervisors of Contra Costa County. Statements for all other designated employees will be retained by the District. APPENDIX to the Conflict of Interest Code for the Diablo Water District Designated Positions Disclosure Cateeories Each Director and All sources of income, interests in candidate for office of Director real property and investments and business positions in business General Manager entities. Attorney Administrative Assistant Investments and business positions in business entities and sources of Accounting Office income which provide services, Manager supplies, materials, machinery or equipment of the type used by Superintendent of the District. Operations Consultants The General Manager may determine in writing that a particular consultant, although a"designated position", is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The General Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. f /-7 3 TO: BOARD OF SUPERVISORS FROM: Victor J. Westman, County Counsel �f - By: Mary Ann McNett Mason, Deputy County Counsel DATE: September 15, 1994 SUBJECT: Amendment to Conflict of Interest Code of the Housing Authority of Contra Costa County SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Approve Amendment to Exhibit A to the Housing Authority's Conflict of Interest Code to substitute Exhibit A to said code, as shown on the attached memorandum from the Housing Authority. BACKGROUND/REASONS FOR RECOMMENDATIONS The Housing Authority has amended Exhibit A to its code and submitted the amendment to the Board for approval pursuant to Government Code sections 87306 and 87306 .5 . CONTINUED ON ATTACHMENT: YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON 1994 APPROVED AS RECOMMENDED Y— OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Orig: County Counsel ATTESTED SEP 2 71994 cc: Clerk, Board of Supervisors PHIL BATCHELOR, CLERK OF Jackie Tillman, Housing Authority THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY A jQ DEPUTY 173 COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: September 15, 1994 To: Clerk, Board of Supervisors From: Victor J. Westman, County Counsel �yJ By: Mary Ann McNett Mason, Deputy County Counsel •./�/ ' Re: Conflict of Interest Code of the Housing Authority of the County of Contra Costa Attached hereto are amendments to the Conflict of Interest Code for the above-named entity. The amendments are approved as to form. Please place this matter on the Board of Supervisors ' agenda as requested by the Housing Authority in its August 4, 1994 memorandum. A draft Board order is attached. MAM/jh cc: Jackie Tillman, Housing Authority attachments FJB-4a:\conf1ict.fm MEMORANDUM GCoy>��co{'`•� .. T� O� RECEIVED Date: August 4, 1994 AUG 51994 To: Jeanne Magl i o, Chief C1 erk CLERK BOARD OF SUPERVISORS From: Jackie Tillman CONTRA COSTA CO. _ Subject: CONFLICT OF INTER T CODE AMENDMENT Attached is the Conflict of Interest Code Amendment for the Housing Authority of the County of Contra Costa. The only amendments necessary to the Housing Authority Code were the addition of designated positions to Exhibit A, and the addition of the Consultant position definition. As you are aware, the Board of Supervisors acts not only as the code reviewing body for the Housing Authority, but also as its Board of Commissioners. This amendment, therefore, should be submitted 'to the Board of Supervisors in both of its capacities for approval . P.O. BOX 2759, MARTINEZ, CA 94553 RETURN BY OCTOBER 31 1994 TO: Clerk of the Board of Supervisors 651 Pine Street, Suite 106 Martinez, California 94553 SUBJECT: Statement for Government Code Section 87306.5 A. The Conflict of Interest Code for has been reviewed for the 1992-1994 review period and found that it does not need to be amended at this time. (OR) B. X The proposed amendment to the Conflict of Interest Code for the Housing Authority of the County of Contra Costa submitted to the code reviewing body, the Board of Supervisors, for approval. Your proposed amendment must accompany this form. Dated: August 4, 1994 qoioe�ted By Agency: Housing Authority of the County Address: of Contra Costa 3133 Estudillo Street (P.O. Box 2759) Am tinez, eA 94559 Telephone No. : (510) 372-0791 THE FILING DATE FOR SUBMITTING THIS DOCUMENTS IS OCTOBER 3, 1994 EXHIBIT "A" DESIGNATED POSITIONS DISCLOSURE CATEGORY Board of Commissioners Commissioners 1 & 2 Agency Personnel Executive Director 1 & 2 Director of Housing Operations 1 & 2 Director of Development 1 & 2 Fiscal Director 1 & 2 Assistant Director for Property Management 1 & 2 Assistant Director for Rental Assistance Programs 1 & 2 Family Self-Sufficiency Coordinator 1 & 2 Housing Technical Officer 1 & 2 Housing Management Officer 1 & 2 Housing Development Officer 1 & 2 Housing Rehab Officer 1 & 2 Housing Managers 1 & 2 Resident Manager 1 & 2 Maintenance Supervisors 2 Management Contract Specialist 1 & 2 Accounting Supervisor 1 & 2 Occupancy/Portability Specialist 1 & 2 Purchasing Agent 1 & 2 Housing Assistants 1 & 2 Unit Inspectors 1 & 2 -5- EXHIBIT "A" (Continued) DESIGNATED POSITIONS DISCLOSURE CATEGORY Consultants* 1 & 2 *Consultants: Regulation 18700 defines "consultant" as an individual who, pursuant to a contract with a state or local government agency: (a) Makes a governmental decision whether to: (1) Approve a rate, rule or regultation; (2) Adopt or enforce a law; (3) Issue, deny, suspend, or revoke any permit license, application, certificate, approval , order, or similar authorization or entitlement; (4) Authorize the agency to enter into, modify, or renew a contract provided it is the type of contract which requires agency approval ; (5) Grant agency approval to a contract which requires agency approval and in which the agency is a party or to the specifications for such a contract; (6) Grant agency approval to a plan, design, report, study or similar item; (7) Adopt, or grant agency approval of, policies, standards, or guidelines for the agency, or for any subdivision thereof; or, (b) Serves in a staff capacity with the agency and in that capacity performs the same or substantially all the same duties for the agency that would otherwise be performed by an indivi-dual holding a position specified in the agency's Conflict of Interest Code. Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the folowing limitation: The Executive Director may determine in writing that the particular consultant, although a "designated position", is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the constultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The Executive Director's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. -6- CLERK OF THE BOARD Inter - Office Memo TO: County Counsel DATE: 8/8/94 Attn: Mary Anne Mason Deputy County Counsel FROM: Jeanne Maglio Chief Clerk 91 SUBJECT: Proposed Change for Conflict of Interest Code By this memo is transmitted for your review the proposed change to the Conflict of Interest Code for the Housing Authority of the County of Contra Costa Upon receipt of your recommendation, the amended Code will be listed on the Board Agenda. jm Attachment cc: Jackie Tillman Housing Authority P.O. Box 2759 Martinez, CA 94553 l�COO, 9 >„ MEMORANDUM hTkA to Date: August 4, 1994 AUG 51994 To: Jeanne Maglio, Chief Clerk � y CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. From: Jackie Tillman Subject: CONFLICT OF INTER T CODE AMENDMENT Attached is the Conflict of Interest Code Amendment for the Housing Authority of the County of Contra Costa. The only amendments necessary to the Housing Authority Code were the addition of designated positions to Exhibit A, and the addition of the Consultant position definition. As you are aware, the Board of Supervisors acts not only as the code reviewing body for the Housing Authority, but also as its Board of Commissioners. This amendment, therefore, should be submitted to the Board of Supervisors in both of its capacities for approval . P.O. BOX 2759, MARTINEZ, CA 94553 RETURN BY OCTOBER 31 1994 TO: Clerk of the Board of Supervisors 651 Pine Street, Suite 106 Martinez, California 94553 SUBJECT: Statement for Government Code Section 87306.5 A. The Conflict of Interest Code for has been reviewed for the 1992-1994 review period and found that it does not need to be amended at this time. (OR) B. X The proposed amendment to the Conflict of Interest Code for the Housing Authority of the County of Contra Costa submitted to the code reviewing body, the Board of Supervisors, for approval. Your proposed amendment must accompany this form. Dated: August 4, 1994 gogiaeted By ` Agency: Housing Authority of the County Address: of Contra Costa 3133 Estudillo Street (P.O. Box 2759) Martinez, 6A 94553 Telephone No. : (510) 372-0791 THE FILING DATE FOR SUBMITTING THIS DOCUMENTS IS OCTOBER 3, 1994 EXHIBIT "A" DESIGNATED POSITIONS DISCLOSURE CATEGORY Board of Commissioners Commissioners 1 & 2 Agency Personnel Executive Director 1 & 2 Director of Housing Operations 1 & 2 Director of Development 1 & 2 Fiscal Director 1 & 2 Assistant Director for Property Management 1 & 2 Assistant Director for Rental Assistance Programs 1 & 2 Family Self-Sufficiency Coordinator 1 & 2 Housing Technical Officer 1 & 2 Housing Management Officer 1 & 2 Housing Development Officer 1 & 2 Housing Rehab Officer 1 & 2 Housing Managers 1 & 2 Resident Manager 1 & 2 Maintenance Supervisors 2 Management Contract Specialist 1 & 2 Accounting Supervisor 1 & 2 Occupancy/Portability Specialist 1 & 2 Purchasing Agent 1 & 2 Housing Assistants 1 & 2 Unit Inspectors 1 & 2 EXHIBIT "A" (Continued) DESIGNATED POSITIONS DISCLOSURE CATEGORY Consultants* 1 & 2 *Consultants: Regulation 18700 defines "consultant" as an individual who, pursuant to a contract with a state or local government agency: (a) Makes a governmental decision whether to: (1) Approve a rate, rule or regultation; (2) Adopt or enforce a law; (3) Issue, deny, suspend, or revoke any permit license, application, certificate, approval , order, or similar authorization or entitlement; (4) Authorize the agency to enter into, modify, or renew a contract provided it is the type of contract which requires agency approval ; (5) Grant agency approval to a contract which requires agency approval and in which the agency is a party or to the specifications for such a contract; (6) Grant agency 'approval. to a plan, design, report, study or item;;em; (7) Adopt, or grant agency approval of, policies, standards, or guidelines for th'e agency, or for -any subdivision th"ereof; or, (b) Serves in a staff capacity with the agency and in that capacity performs the same or substantially all the same du.ties for th'e agency that would otherwise be performed..by an i n'di�vi`dual hol"ding a position specified in the agency's Conflict of Interest Code. Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the folowing limitation: The Executive Director may determine in writing that the particular consultant, although a "designated position", is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the constultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The Executive Director's determination is a public record and shall be retained for public inspection in the same manner and location as this con'fl'ict of interest code. -6- TO: BOARD OF SUPERVISORS FROM: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel DATE: September 15, 1994 SUBJECT: Amendment to Conflict of Interest Code of the Mt. View Sanitary District SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Approve Amendment to Exhibit A to the Mt. View Sanitary District's Conflict of Interest Code to substitute Exhibit A to said code, as shown on the attached resolution from the Mt. View Sanitary District. BACKGROUND/REASONS FOR RECOMMENDATIONS The Mt. View Sanitary District has amended Exhibit A to its code and submitted the amendment to the Board for approval pursuant to Government Code sections 87306 and 87306 .5 . CONTINUED ON ATTACHMENT: x YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON SEP 2 7 1994 APPROVED AS RECOMMENDED _ OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT -T TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Orig: County Counsel ATTESTED SEP 2 199+ cc: Mt. View Sanitary District PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY Y1 ���,Q �, , DEPUTY 0 1-73 COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: September 15, 1994 To: Clerk, Board of Supervisors From: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel Re: Conflict of Interest Code of the Mt. View Sanitary District Attached hereto are amendments to the Conflict of Interest Code for the above-named entity. The amendments are approved as to form. Please place this matter on the Board of Supervisors ' agenda as requested by the above-named entity. A draft Board order is attached. MAM/jh cc: Sheri L. Gadd Mt. View Sanitary District attachments FJH-4a:\conf1ict.fm RESOLUTION NO. 857-94 A RESOLUTION OF THE BOARD OF DIRECTORS OF MT. VIEW SANITARY DISTRICT AMENDING THE DISTRICT'S CONFLICT OF INTEREST CODE The Board of Directors of Mt. View Sanitary District hereby resolves: 1. WHEREAS, by Resolution No. 497-76, a Conflict of Interest Code, was duly adopted and thereafter amended by Resolution 535-79 amending the list of designated employees; and 2. WHEREAS, Section 18700 of California Code of Regulations defines "consultant" and provides that disclosure by a consultant may be on a case by case basis as determined by the Chief Executive Officer. 3 . WHEREAS, there is attached hereto marked "Exhibit A the Conflict of Interest Code Mt. View Sanitary District, County of Contra Costa, as amended to include the category of consultant among the current titles of the designated employees who are required to file Statements of Economic Interest and their respective categories. NOW, THEREFORE, IT IS FURTHER RESOLVED: 1. That Exhibit "A" is approved and adopted as the current Conflict of Interest Code of Mt. View Sanitary District. 2. That a certified copy of this resolution and the Conflict of Interest Code of Mt. View Sanitary District be sent to Phil Batchelor as Clerk of the Contra Costa County Board of Supervisors. THE FOREGOING RESOLUTION was duly and regularly adopted at a meeting of the Board of Directors of Mt. View Sanitary District 1 504-001/Conf1ict/Res/ATL/cer held on August 11, 1994, by the following vote: AYES: Directors SAKA.ZAKI, CASTRO, PYKA, CALDWELL and PASLEY Ernest Pasley, Presi ent ATTEST: Sheri L. Gad Secretary 2 504-001/C0nilict/R6s/DJL/car S IE:GRETARY S CERT Z F=GATE I, Sheri L. Gadd, Secretary to the Mt. View Sanitary District, do hereby certify as follows: The foregoing is a full , true, and correct copy of a resolution duly adopted at a regular meeting of the Board of Directors of said District, duly and regularly and legally held at the regular meeting place thereof on August 11, 1994, of which meeting all of the members of said Board had due notice and at which a majority thereof was present. At said meeting said resolution was upon motion duly seconded and adopted by the vote as therein set forth. I have carefully compared the same with the original minutes of said meeting on file and of record in my office and that said resolution is duly entered of record in the minutes and the foregoing is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes. Said resolution has not been amended, modified or rescinded since the date of its adoption and the same is now in full force and effect. Dated: August 11 , 1994. Sheri L. Gadd, S TARY OF THE DISTRICT BOARD OF MT. VIEW SANITARY DISTRICT, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA 504-001/Secretary/Cer/ATL/car CONFL=CT OF =NTEREST CODE MT _ V2 EW SAN=TARY D S STR=CT COUNTY C F CONTRA CO STA STATE OF CAL=FORN=A SECTION 1. Purpose. Nothing contained herein is intended to modify or abridge- the provisions of the Political Reform Act of 1974 [Government Code Section 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 as contained in Sections 82003 through 83048, Government Code, and regulations contained in Section 18700 et seq. of Div. VI, Article 2 California Code of Regulations, adopted pursuant thereto are incorporated herein and this Code shall be interpreted in a manner consistent therewith. SECTION 2. 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 which may foreseeably have a material effect on a financial interest. SECTION 3 . Disclosure Statements. Designated positions are hereby assigned to one or more of the disclosure categories set forth on Exhibit "B" . Each designated employee shall file an annual statement disclosing that employee's interest in investments, real property, and income, designated as reportable under the category to which the employee's position is assigned on Exhibit "B" . SECTION 4. Place and Time of Filing. 1 501-001/Conf1ict/Coda/DJL/cnr (a) All Designated employees required to submit a statement of financial interest shall file the original with the District's Secretary. (b) The Secretary of the agency which receives the statement of financial interest shall make and retain a copy and forward the original to the County Clerk. (c) A designated employee required to submit a statement of financial interest shall submit an initial statement within thirty (30) days after the effective date of this Code. (d) Employees appointed, promoted or transferred to designated positions after the effective date of this Code shall file initial statements within thirty (30) days after date of employment. (e) 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. (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 5. Contents of Disclosure Statements. Disclosure statements shall be made of forms supplied by the County Clerk, and shall contain the following information: (a) Contents of Investment and Real Property Reports: When an investment, or an interest in real property, is 2 50I-001/C0nf11ct/C0d6/DJL/car required to be reported, the statement shall contain: (1) A statement of the nature of the investment or interest. (2) The names 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) The statement whether the fair market value of the investment, or interest in real property, exceeds ten thousand dollars ($10,000) , and 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 used principally as the 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 twenty five dollars ($25) or more in value if the income was a gift, and a general description of the business activity, if any of each source. (2) A statement whether the aggregate amount of income 3 504-001/Conflict/Code/WL/car from each source was greater than one thousand dollars ($1,000) , and 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. (c) Contents of Business Entity Income Reports: When income of a business entity, including income of 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) In the case of a business entity, the name of every person from whom the business entity received payments if the filer's pro-rata share of fees from such person was equal to or greater than ten thousand dollars ($10,000) during a calendar year. (d) Contents of Management Position 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 4 soa-ool/contlset/coae/DJL/oar 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 twelve (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 twelve (12) months before the effective date of the amendment, appointment, transfer or promotion. SECTION 6. Disqualification. Designated employees must disqualify themselves from making or participating in the making of any decisions 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 employee shall be required to disqualify himself with respect to any matter which could not be legally acted upon or decided without his participation. Designated Positions Pursuant to Section 2 of the Conflict of Interest Code of Mt. View Sanitary District, the positions described in Exhibit A are designated positions. Officers and employees holding those positions are deemed to make, or participate in the making of, 5 504-001/Conflict/code/WL/car decisions which foreseeably have a material effect on a financial interest. G 504-001/Conflict/Code/ATL/car EXHIBIT A Position Category (a) Director (includes President) 1 (b) District Manager 1 (c) Secretary 2 (d) Engineer 1 (e) Attorney 1 (f) Assistant District Manager 2 (g) Consultant* 1 *The District Manager may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The District Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. 504-001/Conf1ict/Code/DJL/Ce1 EXHIBIT B DISCLOSURE CATEGORIES Pursuant to Section 3 of the Conflict of Interest Code of the Mt. View Sanitary District, the designated positions described in Exhibit "A" are hereby assigned to one or more disclosure categories. Each designated employee shall file an annual statement disclosing that employee's interest in investments, real property, and income, designated as reportable under the category to which the office or position is assigned as follows: 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 officer or employee, or by virtue of the designated officer or employee's position. Designated Officers and Employees in Category 111" 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 Mr. View Sanitary District. If the interest in a business entity, such interests are reportable only if the business entity is doing business or planning to do business in the District (and such plans are known by the designated officer or employee) or has done 1 504-001/Conflict/Code/WL/ear business within the District at any time during the two years priors to the filing of the statement. Designated Employees in Category 112" Must Report• 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 Mt. View Sanitary District to provide services, supplies, materials, machinery, or equipment to such District. 2 504-001/COat11a4-/Code/DJL/cer • • , CLERK OF THE BOARD Inter - Office Memo TO: County Counsel DATE:8/18/94 Attn: Mary Anne Mason . Deputy County Counsel FROM: Jeanne Magliol Chief Clerk SUBJECT: Proposed Change for Conflict of Interest Code By this memo is transmitted for your review the proposed change to the Conflict of Interest Code for Mt. View Sanitary District Upon receipt of your recommendation, the amended Code will be listed on the Board Agenda. jm Attachment cc: Sheri L. Gadd mt. View Sanitary District RETURN BY OCTOBER 3, 1994, TO: Clerk of the Board of Supervisors 651 Pine Street, Suite 106 Martinez, CA 94553 SUBJECT: Statement for Government Code Section 87306.5 A. The Conflict of Interest Code for has been reviewed for the 1992 - 1994 review period and found that it does not need to be amended at this time. (OR) B. X The proposed amendment to the Conflict of Interest Code for Mt. View Sanitary District is submitted to the code reviewing body, the Board of Supervisors, for approval. Your proposed amendment must accompany this form. Dated: 8/15/94 Sheri L. Gadd Completed by Agency: Mt. View Sanitary District it:IDAddress: P 0 Box 2757 Martinez, CA 94553 Sup�RVISOas Telephone No. -(510) 228-5635 0¢ clok Oco N RD CD' THE FILING DATE FOR SUBMITTING THIS DOCUMENT IS OCTOBER 3, 1994 504-001/Attachment/DJL/car RESOLUTION NO. 857-94 A RESOLUTION OF THE BOARD OF DIRECTORS OF MT. VIEW SANITARY DISTRICT AMENDING THE DISTRICT'S CONFLICT OF INTEREST CODE The Board of Directors of Mt. View Sanitary District hereby resolves: 1. WHEREAS, by Resolution No. 497-76, a Conflict of Interest Code, was duly adopted and thereafter amended by Resolution 535-79 amending the list of designated employees; and 2. WHEREAS, Section 18700 of California Code of Regulations defines "consultant" and provides that disclosure by a consultant may be on a case by case basis as determined by the Chief Executive Officer. 3 . WHEREAS, there is attached hereto marked "Exhibit A the Conflict of Interest Code Mt. View Sanitary District, County of Contra Costa, as amended to include the category of consultant among the current titles of the designated employees who are required to file Statements of Economic Interest and their respective categories. NOW, THEREFORE, IT IS FURTHER RESOLVED: 1. That Exhibit "A" is approved and adopted as the current Conflict of Interest Code of Mt. View Sanitary District. 2. That a certified copy of this resolution and the Conflict of Interest Code of Mt. View Sanitary District be sent to Phil Batchelor as Clerk of the Contra Costa County Board of Supervisors. THE FOREGOING RESOLUTION was duly and regularly adopted at a meeting of the Board of Directors of Mt. View Sanitary District 1 506-001/Conflict/Rae/ATL/car 0 held on August 11, 1994, by the following vote: AYES: Directors SAKAZAKI, CASTRO, PYKA, CALDWELL and PASLEY gZ�Ernes�tPaQley�, Pr�esi e�nt ATTEST: Sheri L. Gad Secretary 2 504-001/Conflict/Rea/WL/car S E CRETARY � S C ERT=F=CAT E I, Sheri L. Gadd, Secretary to the Mt. View Sanitary District, do hereby certify as follows: The foregoing is a full, true, and correct copy of a resolution duly adopted at a regular meeting of the Board of Directors of said District, duly and regularly and legally held at the regular meeting place thereof on August 11, 1994, of which meeting all of the members of said Board had due notice and at which a majority thereof was present. At said meeting said resolution was upon motion duly seconded and adopted by the vote as therein set forth. I have carefully compared the same with the original minutes of said meeting on file and of record in my office and that said resolution is duly entered of record in the minutes and the foregoing is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes. Said resolution has not been amended, modified or rescinded since the date of its adoption and the same is now in full force and effect. Dated: August 11 1994. Sheri L. Gadd, SE TARY OF THE DISTRICT BOARD OF MT. VIEW SANITARY DISTRICT, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA 504-001/Secretary/Cer/DJL/car CONFL=CT OF =NTERE S T CODE MT _ V=EW SAN 2 TARY D=STR2 CT COUNTY O F CONTRA COSTA STATE OF CAL=FORN 2A SECTION 1 . Purpose. Nothing contained herein is intended to modify or abridge- the provisions of the Political Reform Act of 1974 [Government Code Section 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 as contained in Sections 82003 through 83048, Government Code, and regulations contained in Section 18700 et seq. of Div. VI, Article 2 California Code of Regulations, adopted pursuant thereto are incorporated herein and this Code shall be interpreted in a manner consistent therewith. SECTION 2. 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 which may foreseeably have a material effect on a financial interest. SECTION 3 . Disclosure Statements. Designated positions are hereby assigned to one or more of the disclosure categories set forth on Exhibit "B" . Each designated employee shall file an annual statement disclosing that employee's interest in investments, real property, and income, designated as reportable under the category to which the employee's position is assigned on Exhibit "B" . SECTION 4. Place and Time of Filing. 1 504-001/Conflict/Code/WL/car (a) All Designated employees required to submit a statement of financial interest shall file the original with the District's Secretary. (b) The Secretary of the agency which receives the statement of financial interest shall make and retain a copy and forward the original to the County Clerk. (c) A designated employee required to submit a statement of financial interest shall submit an initial statement within thirty (30) days after the effective date of this Code. (d) Employees appointed, promoted or transferred to designated positions after the effective date of this Code shall file initial statements within thirty ( 30) days after date of employment. (e) 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. (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 5. Contents of Disclosure Statements. Disclosure statements shall be made of forms supplied by the County Clerk, and shall contain the following information: (a) Contents of Investment and Real Property Reports: When an investment, or an interest in real property, is 2 504-001/Conflict/Code/DSL/car required to be reported, the statement shall contain: (1) A statement of the nature of the investment or interest. (2) The names 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) The statement whether the fair market value of the investment, or interest in real property, exceeds ten thousand dollars ($10,000) , and 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 used principally as the 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 twenty five dollars ($25) or more in value if the income was a gift, and a general description of the business activity, if any of each source. (2) A statement whether the aggregate amount of income 3 504-001/Conflict/Code/WL/car • from each source was greater than one thousand dollars ($1,000) , and 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. (c) Contents of Business Entity Income Reports: When income of a business entity, including income of 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) In the case of a business entity, the name of every person from whom the business entity received payments if the filer's pro-rata share of fees from such person was equal to or greater than ten thousand dollars ($10,000) during a calendar year. (d) Contents of Management Position 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 4 504-001/conflict/code/nn/car • • 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 twelve (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. twelve (12) months before the effective date of the amendment, appointment, transfer or promotion. SECTION 6 . Disqualification. Designated employees must disqualify themselves from making or participating in the making of any decisions 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 employee shall be required to disqualify himself with respect to any matter which could not be legally acted upon or decided without his participation. Designated Positions Pursuant to Section 2 of the Conflict of Interest Code of Mt. View Sanitary District, the positions described in Exhibit A are designated positions. Officers and employees holding those positions are deemed to make, or participate in the making of, 5 504-001/Conflict/Coda/WL/car decisions which foreseeably have a material effect on a financial interest. 6 504-001/Conflict/Cod®/ATL/Car i • EXHIBIT A Position Category (a) Director (includes President) 1 (b) District Manager 1 (c) Secretary 2 (d) Engineer 1 (e) Attorney 1 (f) Assistant District Manager 2 (g) Consultant* 1 *The District Manager may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The District Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. 504-001/Conflict/Code/WL/cal • ' 0 • - EXHIBIT B DISCLOSURE CATEGORIES Pursuant to Section 3 of the Conflict of Interest Code of the Mt. View Sanitary District, the designated positions described in Exhibit "A" are hereby assigned to one or more disclosure categories. Each designated employee shall file an annual statement disclosing that employee's interest in investments, real property, and income, designated as reportable under the category to which the office or position is assigned as follows: 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 officer or employee, or by virtue of the designated officer or employee's position. Designated Officers and Employees in Category 111" 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 Mr. View Sanitary District. If the interest in a business entity, such interests are reportable only if the business entity is doing business or planning to do business in the District (and such plans are known by the designated officer or employee) or has done 1 504-001/Conflict/Code/WL/car v business within the District at any time during the two years priors to the filing of the statement. Designated Employees in Category 112" Must Report: 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 Mt. View Sanitary District to provide services, supplies, materials, machinery, or equipment to such District. 2 504-001/Conflict/Code/DJL/car TO: BOARD OF SUPERVISORS FROM: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel -�. DATE: September 15, 1994 SUBJECT: Amendment to Conflict of Interest Code of the Pleasant Hill Park & Recreation District SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Approve Amendment to Exhibit A to the Pleasant Hill Park & Recreation District' s Conflict of Interest Code to substitute Exhibit A to said code, as shown on the attached resolution from the District. BACKGROUND/REASONS FOR RECOMMENDATIONS The Pleasant Hill Park & Recreation District has amended Exhibit A to its code and submitted the amendment to the Board for approval pursuant to Government Code sections 87306 and 87306 .5 . CONTINUED ON ATTACHMENT: YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON SEP 2 7 1994 APPROVED AS RECOMMENDED _ OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT = TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Orig: County Counsel ATTESTED SEP 2 719% cc: Clerk, Board of Supervisors PHIL BATCHELOR, CLERK OF General Manager, Pleasant Hill THE BOARD OF SUPERVISORS Park & Recreation District AND COUNTY ADMINISTRATOR BYa , ��� D , DEPUTY . 1.7 5 • COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: September 15, 1994 To: Clerk, Board of Supervisors From: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel Re: Conflict of Interest Code of the Pleasant Hill Park & Recreation District Attached hereto are amendments to the Conflict of Interest Code for the above-named entity. The amendments are approved as to form. Please place this matter on the Board of Supervisors ' agenda as requested by the above-named entity. A draft Board order is attached. MAM/jh cc: Robert B. Berggren attachments FJB-4a:\conf1ict.fm Pleasant Hill Recreation & Park District People, Parks and Programs Since 1951 August 31 , 1994 Clerk of the Board Contra Costa County 651 Pine Street , Room 106 Martinez, CA 94553 Clerk of the Board: Attached is Resolution 94-08-25 to amend Exhibit "A" of the Pleasant Hill Recreation & Park District ' s Conflict of Interest Codes. Please submit this to the Board of Supervisors for approval . If you have any questions , please call me. Sincerely, Robert B . Berggren General Manager Attachment /min District Office Community Center Senior Center Park Maintenance Winslow Center 14 7 Grec?ory,-:i-,e, 320 Civic Drive 233 Gregory L7ce 310 Civic Drive 2590 Pleasant Hili i::9 Pieas n.t Hi!i, CA 94523 Pleasant Hill, CA 94523 Pleasant H;I, CA 94523 Pleasant Hill, CA 94523 Pleasant Hilt, CA 9 (S 101 6S2-0096 Office (Sl0i 676-S200 Office (510) 798-8788 OfSce (510)671-46S9 Office (510) 937-27c'?C%1;:-s IS 10) 682-163? Fax (510!676-5630 Fax (510) 798-8837 Fax (510) 6767628 Fax (S10 1937-7c-;2 :: 4 S EP r COSTA CO.�SORS RETURN BY OCTOBER 3, 1994 TO: Clerk of the Board of Supervisors 651 Pine Street, Suite 106 Martinez, California 94553 SUBJECT: Statement for Government Code Section 87306.5 A. The Conflict of Interest Code for has been reviewed for the 1992-1994 review period and found that it does not need to be amended at this time. (OR) B. X The proposed amendment to the Conflict of Interest Code for Pleasant Hill Recreation & Park District, submitted to the code reviewing body, the Board of Supervisors, for approval. Your proposed amendment must accompany this form. Dated: August 25, 1994 Robert B. Berggren Completed By Agency; Pleasant Hill Recreation & Park District Address: 147 Gregory Lane Pleasant Hill, CA 94523 Telephone No. : (510) 682-OS96 THE FILING DATE FOR SUBMITTING THIS DOCUMENTS IS OCTOBER 3, 1994 CONFLICT OF INTEREST CODE FOR THE PLEASANT HILL RECREATION & PARK DISTRICT The Political Reform Act, Government Code Section 81000, et . seq. , requires state and local government agencies to adopt and promulgate conflict of interest codes . The Fair Political Practices Commission has adopted a regulation, 2 Cal . Code of Regs . Section 18730, which contains the terms of a standard conflict of interest code. It can be incorporated by reference and may be amended by the Fair Political Practices Commission after public notice and hearings to conform to amendments in the Political Reform Act. Therefore, the terms of 2 Cal . Code of Regs. Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and, along with the attached Appendix in which members and employees are designated and disclosure categories are set forth, constitute the conflict of interest code of the Pleasant Hill Recreation & Park District . Designated employees shall file statements of economic interest with the agency who will make the statements available for public inspection and reproduction. (Gov. Code Section 81008) . Upon receipt of the statements of the Pleasant Hill Recreation & Park District Board of Directors , the agency shall make and retain a copy and forward the original of these statements to the Clerk of the Board of Supervisors , Contra Costa County. Statements for all other designated employees will be retained by the agency. iin Ank f Pleasant Hill Recreation & Park District People, Patios b Programs Since 1951 Vill PLEASANT HILL RECREATION & DISTRICT COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA BOARD OF DIRECTORS IN THE MATTER OF RESOLUTION 94-08-25 AMENDING THE CONFLICT OF INTEREST CODES THE PLEASANT HILL RECREATION & PARK DISTRICT BOARD OF DIRECTORS DOES FIND: THAT, Exhibit "A" of the Pleasant Hill Recreation & Park District of Contra Costa County Conflict of Interest Code be amended as follows : DESIGNATED POSITIONS DISCLOSURE CATEGORY All members of the Board of Directors . . . . . . . . . . . . . . . . 1 General Manager. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 LegalCounsel. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ParkSuperintendent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Recreation Superintendent . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Recreation Supervisors II . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 THEREFORE BE IT RESOLVED THAT the Pleasant Hill Recreation & park District Board of Directors does hereby request that the County of Contra Costa Board of Supervisors approve the amending of Exhibit "A" of the Conflict of Interest Code for the Pleasant Hill Recreation & Park District . PASSED AND ADOPTED ON August 25 , 1994 by the following vote: AYES: Blake, Hart, Howe, McHale, Phillips NOES: ABSENT: v� QTho - - -------A. mas McHal Chairman I hereby certify that the foregoing resolution was approved by the vote indicated herein above at the regular meeting of the Board of Directors on August 25 , 1994. Robert B . Berggren, Clerk 'of the Board • • CLERK OF THE BOARD Inter - Office Memo TO: County Counsel DATE: 9/1/94 Attn: Mary Anne Mason Deputy County Counsel n FROM: Jeanne Magliol. Chief Clerk SUBJECT: Proposed Change for Conflict of Interest Code By this memo is transmitted for your review the proposed change to the Conflict of Interest Code for Pleasant Hill Recreation & Park District Upon receipt of your recommendation, the amended Code will be listed on the Board Agenda. jm Attachment cc: Robert B. Berggren oma, Pleasant Hill Recreation & Park District People, Parks and Programs Since 1951 August 31 , 1994 Clerk of the Board Contra Costa County 651 Pine Street , Room 106 Martinez , CA 94553 Clerk of the Board: Attached- is Resolution 94-08-25 to amend Exhibit "A" of the Pleasant Hill Recreation & Park District ' s Conflict of Interest Codes. Please submit this to the Board of Supervisors for approval . If you have any questions , please call me. Sincerely, R) Robert B . Berggren General Manager Attachment /min District Office Community Center Senior Center Park Maintenance Winslow Center 147 Gregory Lane, 320 Civic Drive 233 Gregory lane 310 Civic Drive 2590 Pleasant Hill Rd. Pleasant Hill,CA 94523 Pleasant Hill,CA 94523 Pleasant Hill,CA 94523 Pleasant Hill, CA 94523 Pleasant Hill,CA 94523 (510)682-0896 Office (510)676-5200 Office (510)798-8788 Office IS 10)671-4659 Office (510)937-2707 Office (S10)682-1633 Fax (510)676-5630 Fax (510)798-8837 Fax (510)676-7628 Fax IS 10)937-7812 Fax SEP - 1°94 CLER C�N7R�Y� 060 STA�O�SORS RETURN BY OCTOBER 3, 1994 TO: Clerk of the Board of Supervisors 651 Pine Street, Suite 106 Martinez, California 94553 SUBJECT: Statement for Government Code Section 87306.5 A. The Conflict of Interest Code for has been reviewed for the 1992-1994 review period and found that it does not need to be amended at this time. (OR) B. X The proposed amendment to the Conflict of Interest Code for Pleasant Hill Recreation & Park District, submitted to the code reviewing body, the Board of Supervisors, for approval. Your proposed amendment must accompany this form. Dated• August 25, 1994 Robert B. Berggren Completed By Agency: Pleasant Hill Recreation & Park District Address: 147 Gregory Lane Pleasant Hill, CA 94523 Telephone No. : (510) 682-0896 THE FILING DATE FOR SUBMITTING THIS DOCUMENTS IS OCTOBER 3, 1994 CONFLICT OF INTEREST CODE FOR THE PLEASANT HILL RECREATION & PARK DISTRICT The Political Reform Act, Government Code Section 81000, et. seq. , requires state and local government agencies to adopt and promulgate conflict of " interest codes. The Fair Political Practices Commission has adopted a regulation, 2 Cal . Code of Regs . Section 18730 , which contains the terms of a standard conflict of interest code. It can be incorporated by reference and may be amended by the Fair Political Practices Commission after public notice and hearings to conform to amendments in the Political Reform Act. Therefore, the terms of 2 Cal . Code of Regs . Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and, along with the attached Appendix in which members and employees are designated and disclosure categories are set forth, constitute the conflict of interest code of the Pleasant Hill Recreation & Park District . Designated employees shall file statements of economic interest with the agency who will make the statements available for public inspection and reproduction. (Gov. Code Section 81008) . Upon receipt of the statements of the Pleasant Hill Recreation & Park District Board of Directors , the agency shall make and retain a copy and forward the original of these statements to the Clerk of the Board of Supervisors , Contra Costa County. Statements for all other designated employees will be retained by the agency. Pleasant Hill logo 131— Recreation & Park District h People, Parks&Programs Since 19511R.-ovelutlew PLEASANT HILL RECREATION & DISTRICT COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA BOARD OF DIRECTORS IN THE MATTER OF RESOLUTION 94-08-25 AMENDING THE CONFLICT OF INTEREST CODES THE PLEASANT HILL RECREATION & PARK DISTRICT BOARD OF DIRECTORS DOES FIND: THAT, Exhibit "A" of the Pleasant Hill Recreation & Park District of Contra Costa County Conflict of Interest Code be amended as follows : DESIGNATED POSITIONS DISCLOSURE CATEGORY All members of the Board of Directors . . . . . . . . . . . . . . . . 1 GeneralMan-ager. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 LegalCounsel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ParkSuperintendent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Recreation Superintendent . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 RecreationSupervisors II . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 THEREFORE BE IT RESOLVED THAT the Pleasant Hill Recreation & park District Board of Directors does hereby request that the County of Contra Costa Board of Supervisors approve the amending of Exhibit "A" of the Conflict of Interest Code for the Pleasant Hill Recreation & Park District . PASSED AND ADOPTED ON August 25, 1994 by the following vote: AYES : Blake, Hart, Howe, McHale, Phillips NOES: ABSENT: A. Thomas McHal , Chairman I hereby certify that the foregoing resolution was approved by the vote indicated herein above at the regular meeting of the Board of Directors on August 25 , 1994. --L-----------� � — ---- — ------- ----- b Roert B. Berggren, Clerk o the Board 73 TO: BOARD OF SUPERVISORS FROM: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel DATE: September 15, 1994 SUBJECT: Amendment to Conflict of Interest Code of the County Department of Agriculture SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Approve Amendment to Exhibit A to the County Department of Agriculture' s Conflict of Interest Code to substitute Exhibit A to said. code, as shown on the attachment hereto. BACKGROUND/REASONS FOR RECOMMENDATIONS The Department of Agriculture has amended Exhibit A to its code and submitted the amendment to the Board for approval pursuant to Government Code sections 87306 and 87306 .5 . CONTINUED ON ATTACHMENT: x YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : 1994r' 't ACTION OF BOARD ON qt ;G APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT Z TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Orig: County Counsel ATTESTED SEP 2 71994 cc: John de Fremery PHIL BATCHELOR, CLERK OF Agricultural Commissioner THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY �, DEPUTY • 7�. `. ' • •171-1A , COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: September 15, 1994 To: Clerk, Board of Supervisors From: Victor J. Westman, County Counsel 1111- 14. ,��/ By: Mary Ann McNett Mason, Deputy County Counsel /�/ Re: Conflict of Interest Code of the Department of Agriculture Attached hereto are amendments to the Conflict of Interest Code for the above-named department. The amendments are approved as to form. Please place this matter on the Board of Supervisors ' agenda as requested by the above-named department. A draft Board order is attached. MAM/jh cc: John de Fremery Agriculture Commissioner attachments FJB-4a:\conf1ict.fm EXHIBIT "A" LIST OF DESIGNATED POSITIONS and DISCLOSURE CATEGORIES THAT APPLY Designated Positions Disclosure Categories that Apply Agricultural Commissioner - Director of Weights and Measures.....................................................................I, II, III Chief Deputy Agricultural Commissioner/Sealer............................................................I, II CONTRA COSTA COUNTY CLERK OF THE BOARD TO: John deFremery Date: September 1, 1994 Agricultural Commissioner- Director of Weights & Measures yy� FROM: Jeanne Maglio, Chief Clerk Irl ' SUBJECT: Conflict of Interest Code ------------ Before an amendment to an agency's Conflict of Interest Code is presented to the Board of Supervisors for action, our procedure requires that it be reviewed by County Counsel. Therefore, I have forwarded the amendment to your Code that was presented for the September 13, 1994, Board Agenda to County Counsel for review. County Counsel will advise when to place your Department's Conflict of Interest Code Amendment on the agenda for the Board of Supervisors' approval. Should you have any questions, please call me (Ext. 6-2376) . jm Attachment cc: County Counsel Mary Ann Mason County Administrator Dean Lucas • s AGENDA ITEM August 16, 1994 X CONSENT ( Other ) NO. �A Date Category DETERMINATION _ CORRESPONDENCE INFORMATION AMEND Department of Agriculture's Conflict of Interest Code. CONTRA COSTA COU NIT Y RECEIVED "o?� Submitted By I AUG 2 51994 OFFICE OF COUNTY ADMINISTRATOR r The proposed amendment to the Conflict of Interest Code for the Department of Agriculture is hereby submitted to the code reviewing body, the Board of Supervisors, for approval . Dated: August 18, 1994 John H. deFremery Completed By Agency: Department of Agriculture Address : 2366-A Stanwell Circle Concord, CA 94509 Telephone No. : (510) 646-5250 TO: BOARD OF SUPERVISORS SEL Contra FROM: Costa John H. deFremery, Agricultural Commissi ner - s Director of Weights & Measure � - 4 County ,V DATE: August 18, 1994 SUBJECT: Amendment of Department of Agriculture ' s Conflict of Interest Code SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION Pursuant to Government Code Section 87303, the Board hereby APPROVES the attached amendment to Exhibit A to the Department of Agriculture' s Conflict of Interest Code. The amendment changes "Exhibit A" by deleting the designated positions of: Chief Deputy Agricultural Commissioner Chief Deputy Sealer of Weights & Measures The amendment replaces these positions with the new position of: Chief Deputy Agricultural Commissioner/Sealer BACKGROUND This amendment is necessary as a result of budgetary cuts the Department has made. The two previously designated positions were combined into one position. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT ) 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: .. ATTESTE C�, D f) � PHIL BATCHELOR,CLERK OF THE BOARD OF //7((�� SUPERVISORS AND COUNTY ADMINISTRATOR M382 (10/88) BY DEPUTY /I EXHIBIT "A" LIST OF DESIGNATED POSITIONS and DISCLOSURE CATEGORIES THAT APPLY Designated Positions Disclosure Cate og_ries that Apply Agricultural Commissioner - Director of Weights and Measures.....................................................................I, II, III Chief Deputy Agricultural Commissioner/Sealer............................................................I, II • , EXHIBIT "A" LIST OF DESIGNATED POSITIONS and DISCLOSURE CATEGORIES THAT APPLY Desi nQ ated Positions Disclosure Categories that Apply Agricultural Commissioner - Director of Weights and Measures.....................................................................I, II, III Chief Deputy Agricultural Commissioner/Sealer............................................................I, II TO: BOARD OF SUPERVISORS FROM: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel 1-n �• DATE: September 15, 1994 SUBJECT: Amendment to Conflict of Interest Code of the Central Contra Costa Sanitary District . SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Approve Amendment to Exhibit A to the Central Contra Costa Sanitary District' s Conflict of Interest Code to substitute Exhibit A to said code, as shown on the attached resolution from the District. BACKGROUND/REASONS FOR RECOMMENDATIONS The Central Contra Costa Sanitary District has amended Exhibit A to its code and submitted the amendment to the Board for approval pursuant to Government Code sections 87306 and 87306 .5 . CONTINUED ON ATTACHMENT: x YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON SEP 27 19% APPROVED AS RECOMMENDED >C OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT = TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Orig: County Counsel ATTESTED SEP 2 71994 cc: Joyce Murphy PHIL BATCHELOR, CLERK OF Central Contra Costa Sanitary District THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY o�j� 0 , DEPUTY I . . . .j. 73 COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: September 15, 1994 To: Clerk, Board of Supervisors From: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel Re: Conflict of Interest Code of the Central Contra Costa Sanitary District Attached hereto are amendments to the Conflict of Interest Code for the above-named entity. The amendments are approved as to form. Please place this matter on the Board of Supervisors ' agenda as requested by the above-named entity. A draft Board order is attached. MAM/jh cc: Joyce Murphy Central Sanitary District attachments FJH-4a:\conf1ict.fm r • 0 Central Contra Costa Sanitary District ROGER J.DOLN General Monger Chief Engineer KEATOA'L.ALM - RECEIVED Counsel for the 38-14X1 (510)938-1430 JOS CE E.MURPHY September 6, 1994 0 - 71994 Secretary oflheDistrict CLERK BOARD OF CONTRA COSTA CO. SUPERVISORS Honorable Members of the -�_� Board of Supervisors 651 Pine Street Martinez, CA 94553 CONFLICT OF INTEREST CODE At the regular District Board Meeting of September 1, 1994, the Board of Directors adopted Resolution No. 94-064 amending Exhibit A to the Central Contra Costa Sanitary District Conflict of Interest Code. Amendments reflect current responsibilities of designated positions. The newly created position of Management Information Systems Administrator was added to the list of designated positions. The position of Officer was deleted from the list of designated positions, reflecting the change in titles of the Personnel Officer and Purchasing and Materials Officer to Human Resources Manager and Purchasing and Materials Manager respectively. No corresponding addition to the list of designated positions is needed since the position of Manager is already included. A copy of Resolution No. 94-064 is enclosed for your review and approval. Sincerely, jY c.Joe V Murphy P Y I- cretary of the District JEM:jI Enclosure SD/Corresp/Confint.94 ®Recycled Paper HOB RESOLUTION NO. 94- 064 A RESOLUTION AMENDING EXHIBIT A, DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT CONFLICT OF INTEREST CODE WHEREAS, Section 2.20.020 of the Central Contra Costa Sanitary District Code provides that the Board of Directors shall from time to time establish by resolution designated positions of officers and employees deemed to make, or participate in the making of, decisions which may foreseeably have a material effect on a financial interest. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary District as follows: THAT Exhibit A, Designated Positions and Disclosure Categories of the Central Contra Costa Sanitary District Conflict of Interest Code, a copy of which is attached, is hereby approved and adopted for the District, subject to approval by the Board of Supervisors of the County of Contra Costa; and THAT the Secretary of the District is hereby authorized and instructed to submit a copy of such Code amendment to the Board of Supervisors of the County of Contra Costa and to request the Board of Supervisors to approve said Code amendment in accordance with Government Code Section 87303. PASSED AND ADOPTED by the Central Contra Costa Sanitary District Board of Directors this 1 st day of September 1994, by the following vote: AYES: Members: Clausen, Dalton, Hockett, Menesi ni , Rainey NOES: Members: None ABSENT: Members: None President of the Board of Directors Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: L `I ( . Ser toy of the Central Clintra Costa Sanitary District, County of Contra Costa, State of California Approved as to form: kl&(.InOw Kenton L. Alm District Counsel "EXHIBIT A" DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT CONFLICT OF INTEREST CODE Designated Positions Disclosure Categories 1. Director A,B,C,D,E,F,G,H 2. General Manager-Chief Engineer A,B,C,D,E,F,G,H 3. Secretary of the District A,B,C,D,E,F,G,H 4. Counsel for the District A,B,C,D,E,F,G,H 5. Manager A,B,C,D,E,F,G,H 6. Controller A,B,C,D,E,F,G,H 7. Consultant A,B,C,D,E,F,G,H 8. Control Systems Engineer A,B,C,D,E,F,G,H 9. Real Property Specialist A,B,C,D,E,F,G,H 10. Permit and Services Technician A,B,C,D,E,F,G,H 11. Principal Engineer B,C,D,E,F,G,H 12. Senior Engineer B,C,D,E,F,G,H 13. Associate Engineer B,C,D,E,F,G,H 14. Survey Party Chief B,C,D,E,F,G,H 15. Management Information Systems Administrator A,D,E,F,G,H 16. Land Surveyor D,E,F,G,H 17. Engineering Support Supervisor D,E,F,G,H 18. Senior Construction Inspector D,E,F,G,H 19. Collection System Inspection Supervisor D,E,F,G,H 20. Construction Inspector D,E,F,G,H 21. Source Control Inspector D,E,F,G,H 22. Senior Source Control Inspector D,E,F,G,H 23. Supervising Source Control Inspector D,E,F.G.H 24 Source Control Program Superintendent D,E,F,G,H 25. Principal Buyer D,E,F,G,H 26. Senior Buyer D,E,F,G,H 27. Buyer D,E,F,G,H 28. Materials Coordinator III D,E,F,G,H 29. Plant Operations Superintendent D,E,F,G,H 30. Field Operations Superintendent D,E,F,G,H 31. Plant Maintenance Superintendent D,E,F,G,H. 32. Laboratory Superintendent D,E,F,G,H 33. Pumping Stations Superintendent D,E,F,G,H 34. Vehicle and Equipment Maintenance Supervisor D,E,F,G,H 35. Operations Support Supervisor D,E,F,G,H 36. Accounting Supervisor D,E,F,G,H 37. Administrative Analyst D,E,F,G,H "EXHIBIT A" (Continued) Cateaory Index A Investments B Interests in Real Property C Interests in Real Property and Investments Held by Business Entities or Trusts D Income (Other than Gifts or Loans) E Income (Loans) F Income (Gifts) G Business Positions H Commission Income, Income and Loans to Business Entities or Trusts and Income from Rental Property CLERK OF THE BOARD Inter - Office Memo TO: County Counsel DATE: 9/7/94 Attn: Mary Anne Mason Deputy County Counsel n FROM: Jeanne Maglio'. Chief Clerk SUBJECT: Proposed Change for Conflict of Interest Code By this memo is transmitted for your review the proposed change to the Conflict of Interest Code for Central Contra Costa Sanitary District Upon receipt of your recommendation, the amended Code will be listed on the Board Agenda. jm Attachment cc: Joyce Murphy Central C.C. Sanitary District 5019 Imhoff Place Martinez, CA 94553-4392: Central Contra Costa Sanitary District 5019 Imhoff Place,Martinez,California 94553-4392 (510)228-9500 FAX: (510)676-7211 ROGERJ.DOLAN General Manager Chief Engineer KENTON L.ALM Counsel for the District RECEIVED (510)938-1430 JOYCE E.MURPHY September 6, 1994 Secretary ofthe District FW - 71994 CLERK BOARD OF SUPERVISORS Honorable Members of the CONTRA COSTA CO. Board of Supervisors 651 Pine Street Martinez, CA 94553 CONFLICT OF INTEREST CODE At the regular District Board Meeting of September 1 , 1994, the Board of Directors adopted Resolution No. 94-064 amending Exhibit A to the Central Contra Costa Sanitary District Conflict of Interest Code. Amendments reflect current responsibilities of designated positions. The newly created position of Management Information Systems Administrator was added to the list of designated positions. The position of Officer was deleted from the list of designated positions, reflecting the change in titles of the Personnel Officer and Purchasing and Materials Officer to Human Resources Manager and Purchasing and Materials Manager respectively. No corresponding addition to the list of designated positions is needed since the position of Manager is already included. A copy of Resolution No. 94-064 is enclosed for your review and approval. Sincerely, jyMur a, � . e '�. h p Y Secretary of the District JEM:jI Enclosure SD/Corresp/Confint.94 ®Recycled Paper HOB RESOLUTION NO. 94- 064 A RESOLUTION AMENDING EXHIBIT A, DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT CONFLICT OF INTEREST CODE WHEREAS, Section 2.20.020 of the Central Contra Costa Sanitary District Code provides that the Board of Directors shall from time to time establish by resolution designated positions of officers and employees deemed to make, or participate in the making of, decisions which may foreseeably have a material effect on a financial interest. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary District as follows: THAT Exhibit A, Designated Positions and Disclosure Categories of the Central Contra Costa Sanitary District Conflict of Interest Code, a copy of which is attached, is hereby approved and adopted for the District, subject to approval by the Board of Supervisors of the County of Contra Costa; and THAT the Secretary of the District is hereby authorized and instructed to submit a copy of such Code amendment to the Board of Supervisors of the County of Contra Costa and to request the Board of Supervisors to approve said Code amendment in accordance with Government Code Section 87303. PASSED AND ADOPTED by the Central Contra Costa Sanitary District Board of Directors this 1st day of September 1994, by the following vote: AYES: Members: Clausen, Dalton, Hockett, Menesi ni , Rainey NOES: Members: None ABSENT: Members: None President of the Board of Directors Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: ct u ( . Ser ta'y of the Central C ntra Costa Sanitary District, County of Contra Costa, State of California Approved as to form: ZJAJ Kenton L. Alm District Counsel "EXHIBIT A" DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT CONFLICT OF INTEREST CODE Designated Positions Disclosure Categories 1 . Director A,B,C,D,E,F,G,H 2. General Manager-Chief Engineer A,B,C,D,E,F,G,H 3. Secretary of the District A,B,C,D,E,F,G,H 4. Counsel for the District A,B,C,D,E,F,G,H 5. Manager A,B,C,D,E,F,G,H 6. Controller A,B,C,D,E,F,G,H 7. Consultant A,B,C,D,E,F,G,H S. Control Systems Engineer A,B,C,D,E,F,G,H 9. Real Property Specialist A,B,C,D,E,F,G,H 10. Permit and Services Technician A,B,C,D,E,F,G,H 11 . Principal Engineer B,C,D,E,F,G,H 12. Senior Engineer B,C,D,E,F,G,H 13. Associate Engineer B,C,D,E,F,G,H 14. Survey Party Chief B,C,D,E,F,G,H 15. Management Information Systems Administrator A,D,E,F,G,H 16. Land Surveyor D,E,F,G,H 17. Engineering Support Supervisor D,E,F,G,H 18. Senior Construction Inspector D,E,F,G,H 19. Collection System Inspection Supervisor D,E,F,G,H 20. Construction Inspector D,E,F,G,H 21 . Source Control Inspector D,E,F,G,H 22. Senior Source Control Inspector D,E,F,G,H 23. Supervising Source Control Inspector D,E,F.G.H 24 Source Control Program Superintendent D,E,F,G,H 25. Principal Buyer D,E,F,G,H 26. Senior Buyer D,E,F,G,H 27. Buyer D,E,F,G,H 28. Materials Coordinator III D,E,F,G,H 29. Plant Operations Superintendent D,E,F,G,H 30. Field Operations Superintendent D,E,F,G,H 31 . Plant Maintenance Superintendent D,E,F,G,H . 32. Laboratory Superintendent D,E,F,G,H 33. Pumping Stations Superintendent D,E,F,G,H 34. Vehicle and Equipment Maintenance Supervisor D,E,F,G,H 35. Operations Support Supervisor D,E,F,G,H 36. Accounting Supervisor D,E,F,G,H 37. Administrative Analyst D,E,F,G,H "EXHIBIT A" (Continued) Category Index A Investments B Interests in Real Property C Interests in Real Property and Investments Held by Business Entities or Trusts D Income (Other than Gifts or Loans) E Income (Loans) F Income (Gifts) G Business Positions H Commission.Income, Income and Loans to Business Entities or Trusts and Income from Rental Property