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HomeMy WebLinkAboutMINUTES - 08061996 - C83AB TO: BOARD OF SUPERVISORS FROM: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel DATE: July 23, 1996 SUBJECT: Amendment to the Conflict of Interest Code of the Diablo Water District SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Approve Amendment of the Diablo Water District' s Conflict of Interest Code to substitute the attached as said code, as shown on the attached Resolution from the Diablo Water District . BACKGROUND/REASONS FOR RECOMMENDATIONS The Diablo Water District' s has amended its code and submitted the amended code to the Board for approval pursuant to Government Code sections 87306 and 87306 . 5 . CONTINUED ON ATTACHMENT: YES XXX SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON AUG 06 19% APPROVED AS RECOMMENDED v/ 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 a66 0 6 cc: Clerk, Board of Supervisors PHIL BATCHELOR, CLERK OF Diablo Water District THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY�fiAA Pr„ l,r�� �.e� , DEPUTY AWW: fjb h:\groups\f10\Board.00I RESOLUTION NO. 96-4 A RESOLUTION OF THE BOARD OF DIRECTORS OF DIABLO WATER DISTRICT AMENDING REGULATION NO. 102 - CONFLICT OF INTEREST CODE BE IT RESOLVED by the Board of Directors of Diablo Water District that Regulation No. 102 of said District is hereby amended effective forthwith to read as follows: 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 California Code of Regulations, 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 of the Political Reform Act. Therefore, the terms of 2 California Code of Regulations, Section 18730, and any amendments of it duly adopted by the Fair Political Practices Commission, are hereby incorporated by reference. This statement with the attached Appendix shall constitute the Conflict of Interest Code of Diablo Water District. The officials of the District who manage public investments are the Directors, the General Manager and the Treasurer. Each of them(and candidates for the office of Director) shall file statements of economic interests pursuant to Government Code, Section 87200. Upon receipt of the statements the Secretary shall make and retain a copy which shall be available for public inspection and reproduction and shall forward the original of these statements to the County of Contra Costa. Other District employees and District consultants designated in the Appendix shall file statements of economic interests in the disclosure categories stated in the Appendix. These statements shall be retained by the Secretary and shall be available for public inspection and reproduction. APPENDIX to the Conflict of Interest Code of Diablo Water District Designated Positions Disclosure Categories Administrative Assistant All sources of income, interests in real property, Attorney investments, and business positions in business entities. Superintendent of Operations Investments, business positions in business entities, and source of income which provide service, supplies, material, machinery or equipment of the type used by the District. Consultants. The General Manager may determine in writing that a particular consultant, although a "designated position", is engaged to perform a range of duties that is limited in scope and thus is not required to comply fully with the disclosure requirements described herein. 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. I certify that the foregoing is a true and complete copy of a resolution duly and regularly adopted by the Board of Directors of Diablo Water District at a meeting thereof regularly held on April 29, 1996, by the following vote: AYES: Directors Allen, Brandt, Celoni, Crockett and Hobbs NOES: None ABSENT: None Dated: May 2, 1996 Mike Yeraka, Secretary C Adopted by B/D OWD 1?W./I6 Approved by B/S CCC 9/27/94 Amended by B/D DWD 4/29/96 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 California Code of Regulations, 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 of the Political Reform Act. Therefore, the terms of 2 California Code of Regulations, Section 18730, and any amendments of it duly adopted by the Fair Political Practices Commission, are hereby incorporated by reference. This statement with the attached Appendix shall constitute the. Conflict of Interest Code of Diablo Water District. The officials of the District who manage public investments are the Directors, the General Manager and the Treasurer. Each of them (and candidates for the office of Director) shall file statements of economic interests pursuant to Government Code, Section 87200. Upon receipt of the statements the Secretary shall make and retain a copy which shall be available for public inspection and reproduction and shall forward the original of these statements to the County of Contra Costa. Other District employees and District consultants designated in the Appendix shall file statements of economic interests in the disclosure categories stated in the Appendix. These statements shall be retained by the Secretary and shall be available for public inspection and reproduction. APPENDIX to the Conflict of Interest Code of Diablo Water District Designated Positions Disclosure Categories Administrative Assistant All sources of income, interests in real property, Attorney investments, and business positions in business entities. Superintendent of Operations Investments, business positions in business entities, and source of income which provide service, supplies, material, machinery or equipment of the type used by the District. Consultants. The General Manager may determine in writing that a particular consultant, although a "designated position", is engaged to perform a range of duties that is limited in scope and thus is not required to comply fully with the disclosure requirements described herein. 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. RESOLUTION NO. 18730 (Regulations of the Fair Political Practices Commission, Title 2, Division 6 of the California Code of Regulations) 18730. Provisions of Conflict of Interest Codes (a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories. in the Appendix referred to below constitute the adoption and promulgation of a Conflict of Interest Code within the meaning of Government Code Section 87300 or the amendment of a Conflict of Interest Code within the meaning of Government Code Section 87307 if the terms of this regulation are substituted for terms of a Conflict of Interest Code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of Article 2 of Chapter 7 of the Political Reform Act, Government Code Sections 81000, et seq. The requirements of a Conflict of Interest Code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Government Code Section 87100, and to other state or local laws pertaining to conflicts of interest. (b) The terms of a Conflict of Interest Code amended or adopted and promulgated pursuant to this regulation are as follows: 1 18730 (1) Section 1. Definitions. The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (2 Cal. Code of Reqs. Sections 181000 at seg.) , and any amendments to the Act or regulations, are incorporated by reference into this Conflict of Interest Code. (2) Section 2. Designated Employees. The persons holding positions listed in •the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on financial interests. (3) Section 3. Disclosure Categories. '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 l 2 18730 statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code.) (5) Section 5. Statements of Economic Interests: Time o! Filing. (A) Initial Statements. 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. (H) Assuming office Statements. All persons assuming designated positions after the effective date of this Code shall file statements within thirty days after assuming the designated J See Government Code Section 81010 and 2 Cal. Code of Reqs. Section 18115 for the duties of tiling officers and persons in agencies who make and retain copies of statements and forward the originals to the tiling officer. 4 28730 Political Reform Act, Government Code Sections 87200, et seq.1 Such persons are covered by this Code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of financial interests are reportable. Such a designated employee shall disclose in his or her statement. of economic interests those financial interests he or she has which are of the kind described in the disclosure categories to which he or she is assigned in the Appendix. It has been determined that the financial interests set forth in a designated employee's disclosure categories are the kinds of financial r interests which he or she foreseeably can affect materially through the conduct or his or her office. (4) Section 4. Statements of Economic Interests: Place of Filing. The code reviewing body shall instruct all designated employees within its code to file Designated employees who are required to file statements of economic interests under any other agency's Conflict of Interest Code, or under Article 2 for a different Jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Government Code Section 81004. 3 18730 positions, or if subject to State Senate confirmation, thirty days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April 1. (D) Leaving Office Statements. All persons who leave designated positions shall file statements within thirty days after leaving office. (5.5) Section 5.5. Statements for Persons Who Resign 30 Days After Appointment. Persons who resign within 30 days of initial- ( appointment are not deemed to have assumed office or left .office provided they did not make or participate in the making of, or use their position to influence any decision and did not receive or become entitled to receive any form of payment as a result of their appointment. Such persons shall not file either an assuming or leaving office statement. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements. Initial statements shall disclose any reportable investments, interests in real property and l 5 18730 c: - business positions held on the effective date of the Code. (B) Contents of Assuming office Statements. Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of- nomination. (C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income 'and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the Code or the date of assuming office whichever is later. (D) Contents of Leaving Office Statements. Leaving office statements shall disclose. reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office. 6 18730 (7) Section 7. Manner of Reporting. Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information: (A) Investments and Real Property Disclosure. when an investment or an interest in real property) is required to be reported,) the statement shall contain the following: 1. A statement of the nature of the investment or interest; 2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged; 3. The address or other precise location of the real property; - For the purpose of disclosure only (not disquali- fication) , an interest in real property does not include the principal residence of the filer. J Investments and interests in real property which have a fair market value of less than $1,000 are not investments and interests in real property within the meaning of the Political Reform Act. However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater. i 7 18730 C, 83 r 4. A statement whether the fair market value of the investment or interest in real property exceeds one thousand dollars ($1,000) , exceeds ten thousand dollars ($10,000) , or exceeds one hundred thousand dollars ($100,000) . (B) Personal Income Disclosure. 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 fifty dollars ($250) or more in value or fifty dollars ($50) or more in value if the income was a gift, and a general description of the • business activity, if any, of each source; 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 one thousand dollars ($1,000) or less, greater than one thousand J A designated employee's income includes his or her community property interest in the income of his or her spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. 8 18730 0. 13 dollars ($1,000) , or 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 name, address and business activity of the donor and any intermediary through which the gift was made; a description of -the gift; the amount or value of the gift; and the date on which the gift was received; 5. In the case of a loan, the annual interest rate and the security, if any, f given for the loan. (C) Business Entity Income Disclosure. 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; J Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filers spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer. 9 18730 2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than ten thousand dollars ($10,000) . (D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address 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 • vith the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal. (8) Section e. Dis52alification. No designated employee shall make, participate in making, or in any way attempt to use his or her 10 18730 official position to -influence the making of any governmental decision which he or she knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of his or her immediate family or on: (A) Any business entity in which the designated employee has a direct or indirect investment worth one thousand dollars ($1,000) or more; (B) Any real property in which the designated employee has a direct or indirect interest worth one thousand dollars ($1,000) or i more; (C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating two hundred fifty dollars ($250) or more in value provided to, received by or promised to the designated employee within twelve months prior to the time when the decision is made; 11 18730 (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $250 or more in value provided to; received by, or promised to the designated employee within 12 months prior to the time when the decision is made.' (8.3) Section 8.3. Legally Required Participation. No designated employee shall be prevented from making or participating in the making of any decision to the extent his or her participation is legally required for the decision to be made. The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make his or her participation legally required for purposes of this section. (8.5) Section 8.5. Disqualification of State Officers and Employees. In addition to the general disqualification provisions of Section S. no state administrative official shall make, 'participate in making, or use his 12 18730 ( or her official position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of his or her immediate family has, within 12 months prior to the time when the official action is to be taken: (A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value one thousand dollars ($11000) or more. (9) Section 9. Manner of Disqualification. When a designated employee determines that he or she should not make a governmental decision because he or she has a disqualifying interest in it, the determination not to act must be accompanied by disclosure of the disqualifying interest. In the case of a voting body; this determination and disclosure shall be made part of the agency's official record; in 13 18730 the case of a designated employee who is the head of an agency, this determination and disclosure shall be made in writing to his or her appointing authority; and in the case of other designated employees, this determination and disclosure shall be made in writing to the designated employee's supervisor. (10) Section 10. Assistance of the Commission and Counsel. Any designated employee who is unsure of his or her duties under this Code may request assistance from the Fair Political Practices Commission pursuant to government Code Section 83114 or from the attorney for his or her agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. (11) Section 11. violations. This Code has the force and effect of law. Designated employees violating any provision of this Code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Government Code Sections 81000 - 91014. In addition, a decision in relation to which a violation of the disqualification provisions of this Code or of Government*Code Section 87100 or 87450 has occurred 14 18730 may be set aside as void pursuant to Government Code Section 91003. (Gov. Code Sections 87300 and 87302) History: (1) New section filed 4/2/80 as .An ' emergency; effective upon.Jfiling. (2) Editorial correction. (3) ]amendment filed 1/9/81; effective 2/8/81. (4) Amendment filed A/26/83; effective 2/25/83. (5) Amendment filed 11/10/83; effective 12/12/83.- (6) Amendment filed 4/13/87; effective 5/13/87. a (7) Amendment filed 10/21/88; effective X11/20/88. 15 16730 f TO: BOARD OF SUPERVISORS FROM: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel DATE: July 23 , 1996 SUBJECT: Amendment to the Conflict of Interest Code of the West Contra Costa Transportation Advisory Committee SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Approve the West Contra Costa Transportation Advisory Committee' s Conflict of Interest Code, as shown on the attached Resolution from the West Contra Costa Transportation Advisory Committee. BACKGROUND/REASONS FOR RECOMMENDATIONS The West Contra Costa Transportation Advisory Committee has adopted its conflict of interest code and submitted the amended code to the Board for approval pursuant to Government Code sections 87303 . CONTINUED ON ATTACHMENT: YES XXX SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON (:fj ;� 9 F(o APPROVED AS RECOMMENDED o/ OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A --1/— iJNANIMOUS (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 08 19 CC: Clerk, Board of Supervisors PHIL BATCHELOR, CLERK OF West Contra Costa Transportation THE BOARD OF SUPERVISORS Advisory Committee AND COUNTY ADMINISTRATOR BY DEPUTY AWW: f j b h:\groups\f10\Board.001 RECEIVED 1 "CONTRA-COSTA A. 1 1 19A6 CLERK BOARD OF SU 96 JUL -8 PM 3: OS CONTRA COSTA CO. RESOLUTION NO. 96-02 DEVELOPMENT DEPT A RESOLUTION OF THE WEST CONTRA COSTA TRANSPORTATION ADVISORY COMMITTEE ESTABLISHING ITS CONFLICT OF INTEREST CODE WHEREAS, the California Political Reform Act (Government Code Section 81000 et. seq.) requires that public officials disclose their private economic interests and to disqualify themselves from participating in decisions in which they have a financial interest; and WHEREAS, the West Contra Costa Transportation Advisory Committee (WCCTAC) desires to establish a conflict of interest code which would require the members and pertinent employees of WCCTAC to disclose their private economic interests in compliance with the California Political Reform Act, NOW, THEREFORE, BE IT RESOLVED by the Board of the West Contra Costa Transportation Advisory Committee that the provisions of 2 California Code of Regulations 18730 is hereby incorporated herein by this reference to establish said regulations as the Conflict of Interest Code for the West Contra Costa Transportation Advisory Committee commencing July 1, 1996. BE IT FURTHER RESOLVED that the attached Appendices A and B are also incorporated herein and made a part hereof as part of the WCCTAC Conflict of Interest Code. THE FOREGOING RESOLUTION WAS ADOPTED BY THE WCCTAC AT THE REGULAR MEETING ON JUNE 28, 1996. APPROVED: Irma L. Anderson, Chair 4. APPENDIX "A" Designated Positions and Disclosure Categories Designated Positions Disclosure Categories Member, WCCTAC Board 1, 2, 3 Alternate Member, WCCTAC Board 1, 2, 3 Secretary 1, 2, 3 General Counsel 1, 2, 3 Treasurer/Controller 1, 2, 3 Auditor 1, 2, 3 APPENDIX "B" DISCLOSURE CATEGORY DESCRIPTION OF DISCLOSURE CATEGORIES 1 Persons in this category shall disclose all personal income,investments and interests existing on the date of assuming office,within 12 months before that date and thereafter as may be required to be disclosed on each schedule contained in the Statement of Economic Interest as set forth in FPPC Form 730 and 721. 2 Persons in this category shall disclose: personal income, investments and real estate interests existing on the date of assuming office; and business entity income and business positions held insofar as it is foreseeable that such businesses may provide equipment, materials, supplies, leased space, services or any other thing in exchange for consideration to WCCTAC, or otherwise enter into a contractual relationship with and/or seek entitlement, license or permit from WCCTAC. 3 Persons in this category shall disclose: personal income, investments, real estate interests; and business entity income and business positions held if such businesses are regulated, directly or indirectly, in any manner by WCCTAC. This category does not apply as to businesses which are regulated only to that degree that all other persons or entities in a like category are regulated by WCCTAC.