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HomeMy WebLinkAboutMINUTES - 08031999 - C144 TO: Board of Supervisors t CONTRA FROM: 'victor J. Westman, County CounselCOSTA By: Mary Ann Mellett Mason, Deputy County Counsel COUNTY •. DATE: July 19,1999 SUBJECT: Amendment to Conflict of Interest Code of the Contra Costa County Mental Health Commission SPECIFIC ST(S}C3R RECOMtvIENI ATION(S)&BACKGROUND AND JUSTIFICATION � — -- CO I ENDATION(S) Approve Amendment to the Mental Health Advisory Board Conflict of Interest Code to change name of that Code to Conflict of Interest Code of the Mental Health Commission of Contra Costa County. BACKGROUND/REASON(S) FOR RECOMMENDATIOI�1 The Contra Costa County Mental Health Commission has changed the name of its conflict of interest code and submitted the amendment to the Board for approval pursuant to Government Code Section. 87306 and 87306,5, CONTINUED C ATTACHMENT: YES SIGNATURE: y� -n RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON Au gu s t 3 . 19 9 9 �APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS. I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT-,Ay.^) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ABSENT: ABSTAIN: ON TIME MINUTES OF TIME BOARD OF�y�ySUPERVISORS O THE DATE SIiIC;DWN. ATTESTED: —August 3 . 1999 PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS Contact: County Counsel AND COUNT' ADMINISTRATOR cc: Clerk, Board of SupervisorsXf Sherry Bradley,CCC Mental Hlth Comm. B � H:\FBENT\m.am\BDC01 S COUNTY COUNSELS OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: July 19, 1999 To: Clerk, Board of Supervisors From: Victor j. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel 1 ;It Re: Conflict of Interest Code of the Contra Costa County Mental Health Commission Attached hereto is an amendment to the Conflict of Interest Code for the above-named entity. The amendment is approved as to form. Please place this matter on the Board of Supervisors' agenda as requested by the entity. A draft board order is attached. MAM:fjb cc: Sherry Bradley, CCC Mental Hlth Comm. Attachments 1998 LOCAL AGENCY BIENNIAL NOTICE Contact Person: Sherry BradleyTelephone Number: 25 , 31 - �� l ame of Agency. Contra Casts. County Mental Health Commission Mailing Address: 595 Center Ave. , Suite 200, Martinez, CA 94553 This agency has reviewed Its conflict of interest code and has determined that: The code heeds to be amended and the following amendments are necessary: RE D • include now positions(including consultants)which must be designated CLEf?#����r��Cr"S�� • Revise the titles of existing positions C ��7, ERVI CO, SORS 0 Delete titles of positions that have been abolished 0 Delete positions that manage public investments Revise disclosure categories Other Charge the name to: Mental Health Commission of Contra Costa County (changed by Board. of Supervisors in 1992) No amendments are necessary. The agency's code accurately designates all positions which make or participate in the making of governmental decisions;the disclosure categories assigned to those positions accurately requires the disclosure of all investments,business positions, interests in real property and sources of income which may foreseeably be affected materially by the decisions made by these designated positions;and the code includes all other provisions required by Govemment Code Section 87302. Signature of Chief Executive Officer: A 'Date; Chair, Mental. Health Commission You must complete this report regardless of how recently your code was approved or amended. Please return this report no later than October 1, 1998 to: CLERK Or THE BOARD OF SUPERVISORS 651 PINE. STREET, ROOM 106 MARTINEZ, CA 94553 f. r`CONFLICT OF INTEREST C00 OF T4E MENTAL HEALTH ADVISORY BOARD OF CONTRA COSTA COUNTY SECTION 100. Purse. Pursuant to the provisions of Government Code Sections 57300, at seq., the Mental Health tAdvisory.Board of Contra Costa County hereby adopts the followingConflict of interest Cade. Nothing contained herein is intended to modify or abridge the provisions of Political Reform Act of 1974 (Government Code Section 01000). The provisions of this Code are additional to Government Code Section. 67100 and other lass pertaining to conflicts of interest. i Except as otherwise Indicated, the definitions of said Act and regulations adopted pursuant thereto ars incorporated herein and this Code shelf be Interpreted In a manner consistent therewith. SECTION 200. Designated Positions. The positions listed on Exhibit "A" are designated positions. Officers aged er^pioyees*holding these positions are desig- nated employees and are deemed to make, or participate In the making of, decisions chid: may foreseeably have a material effect on a financial interest. SECTION 300. Disclosure Statements. Designated positions shall be assigned to rine or more of the disclosure categories set forth ars Exhibit 'S". Each designated employee shalt file ars annual statement disclosing that employee's interest In Investments, real property, and Income, designated as reportable under the category to which the > ployseys position Is assigned on Exhibit "S". SECTION 400. Place and Time of Filing. to All desigsaatgd employees ragairad to submit a statement of financial Interests shall file the orIginael with the Executive Assistant to the Mental Health Advisory Board. . (b) The Executive Assistant of the Mental Health Advisory Boa3rd which racelves the statement of financial Interest shall make and retain a copy and for- ward the orlgtnal to the Clark of the Board of Supervisors. � (c) A designated employee required to submit a statement of financial Interest shall submit an Initial statement within 30 days after the effective date of this Code. (d) (Civil service).. , 'employees appointed, promoted or trans" tarred to designated positions shall #ile initial statements within 30 days after date sof employment. (e) All rather employees appointed, promoted or transferred to designated positions shall file Initial statements not less than 10 days before assuming office (or~ If subject to confirmation, 10 days before being conf I r-med),3 unless aro earlier assumption of office is required by emergency circumstances, In which case the state- ment shall be filed within 30 days thereafter. tf) Annual statements shall bre filed during the month of February by all designated employees. Such statements shall cover the period of the pr•eced i ng calendar year. (g) A designated employee raquI red to file a statement of flnanctal Interest with any other agency, which Is wlthln the same territorial ,jurisdi CONFL I C T OF INTEREST CODE OF THE MENTAL HE,.LTH ADV 1 SCRY kRD OF CONTRA, COSTA COUNTY PACE 2 (b) Contents of Personal Income Reports: 'Ther, 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 ($25(3) 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 value of income from each source was greater than one thousand dollars ($1 ,000), and whether it was greater than tan thousand dollars (S10,000); (3) A descror! of the consideratlor, 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 rece!vede (c) Contents of Business Entity Income Reports. Whom Income of a business entity, Including income of a sets proprietorship, Is required to be reported, the statement shall contain; CI) The name, address, and a general description of 'he business activity of the business entity; (2) In the cruse of a business entity which provides legal or brokerage services, the name of every person who paid fees to the business entity If the filerts prorate share of fees from such person was equal to or greater than one thousand dollars ($1,000); (3) In the case of a business entity not covered by paragraph (2), the name of every person from whom the business entity received payments if the filers prorate share of gross receipts from such persons was equal to or greater than teas thousand dollars (510,000) during a calendar year. (d) Contents of Management Positions Reports. When management positions are required to be reported, designated employees shall list the name of each business entity not specified above In which they are a director, officer, partner, trustee, employee, or In which they hold any position of manasgemen (a) 'initial Statement. The Initial statement filed by am employee appointed to a designated position shall disclose any reportable Investments and Interests In real property, (f) Acquisitions or Disposal During Reporting Period: In the case of a statement filed under Section 400 (f), If the Investment, or Interest In real property, was partially or .aha l l y acqu£red or disposed of during- the period covered by the statement, the date of acquisition or disposal. SECTION 600. Disqualification. Designated employees must disqualify them® selves fs-oars making or part c pa n the making of any decisions In which they have a reportable financial Interest, when It is reasonable foreseeable than 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 legally acted upon or decided without his participation, (5/76) o EXH 181'T "A" Designated Pos€tions Disclosure Category Members o! the Mental Health Advisory Berard i EXHIBIT 11811 Disclosure Categorles An investment, Interest in real property, or Income €s reaortsble if the business entity in which the investment is hold, the interest to real property, or the income or source of income ray foreseeably be affected materially by any decision rade or participated. In by the designated employee by virtue of the ermployeels position. Designated Ea loyees_In Croup "€" ;.lust report: -Investments in any business entity and income from any source and stags as a director, officer, partner, trustee, employee, or bolder of a position of management in any business entity, which, within the last two years; has contracted, or in the future foreseeably ray contract with the Contra Costa County Mental Health Services to provide services, supplies, materials, machinery or equipment delated. to the prevention or treatment of mental Illness. TO: Board of Supervisors CONTRA FROM: Victor J. Westman, County Counsel COSTA By: Mary Ann McNett Mason,Deputy County Counsel U - DATE: July 6, 1999 SUBJECT: Amendment to Conflict of Interest Cade of the Contra Costa County Library SPECIFIC REQU ST(S)OR RECOMMENDATION(S)&BACKGROUND AND D JUSTIFICA a ION RECC��fiVIENIAT 1 )` Approve Amendment to Exhibit A to the Contra Costa County Library Conflict of Interest Code to substitute the attached as Exhibit A to said code, as shown on the attached memorandum from the entity. The Contra,Costa County Library has amended Exhibit A to its conflict of interest code and submitted the amendment to the Board for approval pursuant to Government Code section 87306 and 87306.5. CONTINUED ON ATTACHMENT: XXX 'SES SIGNATURE: RECOMMENDATION OF COUNT'S ADMINISTRATOR_.,COMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNIATURE(S): ACTIE)N OFBOARD€IN U u s t 3 ,__ 1999 APPROVED AS RECOMMENDED_ XX_OTHER VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT TRUE ANIS CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ABSENT: ABSTAIN: ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. ATTESTED:.®i gu s.rte' . 1999 PHIL BATCHELOR, CLERK.OF THE BOARD OF SUPERVISORS Contact: County Counsel ANIS COUNTY ADMINISTRATOR cc: Clerk, Board of Supervisors .Jeanne Eabbri, Office Manager, Library Bvf COUNTY COUNSELS OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: July 19, 1999 r0: Clerk, Board of Supervisors From: Victor J. Westrnan, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel Re: Conflict of Interest Code of the Contra Costa County Library Attached hereto is an amendment to the Conflict of Interest Code for the abovemnarned entity. The amendment is approved as to form. Please place this matter on the Board of Supervisors' agenda as requested by the entity. A draft board order is attached. MAM:fb cc: Jeanne Fabbri, Office Manager, Library Attachments PERSONNEL CONFLICT OF INTEREST Issued:January 1977 Revised:Februwy 19% APPENDIX "B" CONFLICT OF INTEREST CODE OF THE COUNTY LIBRARY OF CONTRA COSTA COUNTY DESIGNATE® OSITIONS ,QlaQLOSURE QATE:CaQEY County Librarian 1 Assistant County Librarian 1 Administrative Services Officer 1 Deputy County Librarians 2 Infor,mat±on Systems Manager 2 Central Library Manager Library Collection Development Manager 2 Library Literacy Director 2 Contra Costa County Library Policy and Procedure Manual 22- 1.4 a: �-,.= € ERSONNEL CONFLICT OF INTEREST Issued:January 1977 Revised:October 1998 APPENDIX"A" CONFLICT OF INTEREST CODE FOR THE CONTRA COSTA COUNTY LIBRARY The Political Reform Act, Government Code Section 31000, et seg., 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, previously celled the California Administrative Code, Section 13730, which contains the teras 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 California Code of Regulations 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, constituting the conflict of interest code for the Contra Costa County Library. Designated employees shall fife statements of economic interests with the agency who will make the statements available for public inspection and reproduction. (Gov. Code Section 31003). Upon receipt of the statements of the County Librarian, the agency shall make and retain a copy and forward the original of these states to the Clerk of the Board of Supervisors. Statements for all other designated employees will be retained by the agency. Contra Costa County Library Policy and Procedure Manual 22 - 1.3 PERSONNEL CONFLICT OF INTEREST Issued:January 1977 Revised:October 1998 APPENDIX"C" CONFLICT OF INTEREST CODE OF THE COUNTY LIBRARY OF CONTRA COSTA COUNTY DISCLOSURE CATEGORIES 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 reel property, or the income or source of income may foreseeably be affected materially by any decision made or participated in by the designated employee by virtue of the employee's position. 1. Designated Employees in Category"1" must report: (a) All investments, interests in real property, and income, and any business entity in which the employee is a director, officer, partner, trustee; employee, or bolds any position of management. These financial interests are reportable only if located within Contra Costa County or if the business entity is doing business or planning to do business in the County (and such plans are known by the designated employee) or has done business within the County at any time during the two years prior to the filing of the statement. (b) Investments in any business entity, income from any source and status as a director, officer, partner, trustee, employee, or holder of a position of management in any business entity, which has within the last two years contracted or foreseeably may contract with Contra Costa County, or with any public agency within Contra Costa County, to provide services, supplies,materials,Machinery or equipmentto either party. 2. Designated Em2loyees in Category 2" east report: Investments in any business entity,income from any source, and status as a director, officer, partner, trustee, employee, or holder of a position of management in any business entity, which has within the last two years contracted, or foreseeably may contract, with Contra Costa County to provide services, supplies, materials, machinery or equipment to the County Library. Contra Costa County Library Polio and Procedure Manual 22- 9.5 c:lp^oCaCuri23-7.6c