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Home My WebLink AboutMINUTES - 09281999 - C97 TO: Board of Supervisors CONTRA FROM: Victor J. West—man. County CounselCOSTA By: Mary Ann McNiett Mason, Deputy County CounselCOUNTY yaw DA'C'E: July 19, 1999 SUBJECT: Amendment to Conflict of Interest Code of the Contra Costa County Meatal Health Commission SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND jUSTIFICA a ION Approve Amendment to the dental Health Advisory Board Conflict of Interest Code to change name of that Code to Convict of Interest Code of the Dental Health Commission of Contra Costa County. .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. 8 7306.5, CONI INUED ON ATTACHMENT: XXX YES SIGNATURE: A"-; , CO MENTI DATION OF COUNTY ADMINL"ISTRA TOR_RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION ��A i APPROVED AS RECOMMENDED ems/ VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT UE AND CORRECT COPY AN AA�'ES: NOES: AC'T'ION WAKEN AND ENTERED ABSENT: ABSTAIN: ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DA'T'E SHOWN. ,s +" is A "ISTF' a a p . � A y �cSw...��. �✓ THE 110 OF SUPERVISORS Contact: County Counsel AND COUNTY ADMINISTRATOR CC. Clerk,Board of Supervisors Sherry Bradley, CCC Mental Hlth Comm. H:\FBENT\mam.\BDC01 Y COUNTY Y COUNSEL s OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: July i9, 1999 40: Clerk, Board of Supervisors From: Victor J. Westrnan, County Counsel By: Mary Ann Me-Nett Mason, Deputy County Counsel �� Re: Conflict of Interest Code of the Contra Costa County Mental Health Commission Attached hereto is an amendment to the Conict oil Interest Code for the above-named entity. The am.mendme t 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.. MA .fjb cc: Sherry Bradley, CCC Meatal HIth Comm. Attachments s .. ggygg®g _. 998 LOCAL AGENCY BIENNIAL NOTICE Contact Person: Sherry Bradley Telephone Number 925 313=k cW- Name cd Agency- Contra. Costa County Mental Health Commission Mailing Address: 595 Canter Ave. , Suite 200, Martinez, CA 94553 This agency has reviewed its conflict of interest code and has determined that: TIM coda€ eeds to be amended and the following amendrmnts are nry (Choc*all ftwt appy) MAR 3 11999 C) Include new positions(including oonsultan'ts)which must be designated V1SER�R�ARj) c SUpp Revise the Maes of existing pit's A C . ORS Delete titles of positions that have been abolished Delete positions that manage public investments Revise disclosure categories ex Other Charge the name to: Dental 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 whivh rake 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 foresaeably be affected materially by the decisions ri de by those designated positions`and the code includes all other provisions required by Government Code Sidon Signature of Chief Executive �� °'Date: -3/25/L.-... 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$ 1999 to: CLERK OF THE BOARD OF SUPERVISORS 651 PlhZE STREET, ROOM 106 MARZI°INEZ, CA 94553 s i "CONFLICT OF INTEREST CODE OF THE MENTAL HEALTH ADVISORY BOARD OF CONTRA COSTA COUNTY SECTION 1O0e Purpose. Pursuant to the provisions of Government Code Sections 87303, at sec.,the Mentos Health Advisory €"rd o< Contra Costa County hereby adopts the following Conflict of interest Code. Nothing contained herein Is intended To sad'fy or abridge the provisions of Political Reform Act of i974 (Government Code Section 81000). The provisions of this Code are add€tlonai to Government Code Section 87100 and other laws pertaining to canf£°cts of Interest Except as otherwise Indicated, the definitions of said Act and regulations adapted 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 "All are designated positions. Officers and employees*hold€ng these positions aree desig- nated employees and are deemed to make, or participate in the making of, dacistans which may foreseembiy have a material effect on a financial interest. SSCTION 300. Disclosure Statements. Designated positions shall be assigned to one or more of the set forth on Exhibit "B". Each designates employee shall file an annual statement disclosing that amployeess interest in Investments, real property, and income, designated as reportable under the category to which the amployee's position Is assigned on Exhib't "S". SECTION 400. Place and Time of Filing. (a) .AII designated employees required to submit a statement of financial Interests shall fila the original with the Executive Assistant M the Menai HeaIth Advisory Board. (b) The Executive Asps i stant of the Mental ;tea 1 th Advisory Board which receives the statement of financial Interest shall rake and retain; a copy and for- ward the original to the Cleric of the Board of Supervisors. (c) A designated employes required °no submit a statement of financial � interest steal l submit an Initial statement within 30 days after the effective date of this Code. (d) fClvii service) ' -impioyees appointed, pro ted or trans- farred to designated positions shall fi°se Initial statements within 30 days after date of plo'-menta W; Ali other employees appointed, pirormted or transferred t>a designated positions shall file initial statements not less than 10 days before assuming office for if subject to confirmation, 10 days 'before being conf€rrrsed),3 unless an earlier assumption of office Is required by emergency circumstances, In which case the State- n:t shall be filed within 30 days thereafter. (f) Annual statements shall be filed during the sssonth of February by all designated employees. Such statements shall cover the period of the preceding calendar year. (g) A designated employee required to file a statement of financial interest' with any other agency, which is within the sante territorial jurisdiction, ?My cormp£y with the provisions of this Code by filing a duplicate copy of the statement filed with the other agency, In flag of an entirely separate document. SECT I Ota£ 4100. Contents of Disclosure State ents. D i sc l asure statements she 11 be made on forms Supp#€ed by Lasa :z erk of the Boa rd of Supery i sors, and she I I contains the following Information; (a) Contents of £€vestment and Real Property Reports- When eportseWhen ars investment, or an Interest In real property, is required to be reported, the statement shall contain (1) A statement of the nature of the investment or Interest, (2) The name of the business entity In which each investment is, held and a general description of the business activity In which the business entity is engaged; (3) The address or other precise location of the real property; (4) A .statement whether the fair market value of the investment, or Interest in real property, exceeds 'tan thousand dollars ($10,000), and whether it exceeds one hundred thousand dollars (SiO0,000). This information ;seed not be provided with respect to an interest In real property which Is used principally as the residence of the filer, iif the adoptimo agency desires to Include references to specific bodes, they may be inserted at this point, e.g., °lino°.udir.cs, but not limited to, Government Code Sections €090, at seq." 2Se;ect vhichevwr Is appropriate. 3rhis phrase shall be included only if the acency has employees %+Each are sutj ect to some tyke of con+irma;ory process. CO.;FL ICT OF i NTEREST CCCE OF {?�r MENT VALTH AAV t SORY TRO OF CONTRA COSTA M T Y PAGE 2 (b) Contents of Personal Income Reports: When personal income is required to be reported, the statement shall contain: Q ) The name and address of each source of income aggregating two hundred and fifty dol €ars 0250) 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 01 ,000), and whether it was greater than ton thousand dollars (S10,000)g (3) A deser MY on of the consideration, if any, for which the Income was received, +��JJ (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 a sole proprietorship, Is required to be reported, the statement shall contain; Y) The narsse, address, and a general description of the business activity of the business entity; (2) In the case of a business entity which provides legal or brokerage services, the name of every person, who paid fees to the business entity if the filer's prorate share of fees from such person was equal to or greater than one thousand dollars 151,0041; M In the case of a business entity not covered by paragraph C23b 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 thart ten thousand dollars (S14,404) during a calendar year, (d) Contents of Management Positions Reports: When management positions are requited to be reported, designated employees shall l i st the name of each 'business entity not specified above in which they are .e director, officer, partrner, trustee, employee, or In which they hold any position of management. (e) lnitlal Statement: The Initial statement flied by an employee appointed to a designated position shall disclose any reportable Investments and interests In real property. Cf) Acquisition or Disposal During Reporting Period. In the case of a statement filed urnder Section 444 M,S, i f the investment, of interest In real property, was par~tielly or wholly a"ulred or disposed of during the period covered by the statement, the date of acquisition or disposal. SECTION 640, Disp allf€eatlo . Designated employees must disqualify them- selves from making or jartl0pating In the making of any decisions In which they have a reportable financial interest, when it Is reasonable foreseeable that such interest may be materially affected by the decision, No designated employee shall be required to disqualify himself with respect to any ratter which could not be Elr legally acted upon or decided without his participation. (3/76) EXHIBIT "A" s'gnasted Positions 01SSL s r � Members of the Mental Health Advisory Board 3 EXHIBIT "B" Disclosure lata ries An investment, Interest In real vroperty, or Income Is reportable If the business entity in which .the Investment €s €e€d, the €r:terest .a n real ppe<s Y or the Income or source of Income my foresseab€y be affected materially by any decision rade or participated. In by the designated amPloyes by Ort" of the employee's position. Des€gnated F-m2€oyees ire Groep "I" =s-l- r�p�r�t: 4nyestrmnts in any business entity and income from, any source and status as a director, officer, partner, trustee, &rp€oyee, or holder of a position of rr r� ears nt to any business ®r�tity, which, within time last two years; has contracted, or in the future foreseeably my contract with the Contra Costa County Mental Heait€� Services to provide services, supplies, mterlals, machinery or agaaipment related. to the prevention or treatment of mental Illness. TO: Board of Supervisors CONTRA FROM: 'victor J. Westr.a.,County Counsel COSTA By: Mary Ann McNi eft Mason, Deputy County Counsel ~p UNT U•A� _ DATE: April 27a 1999 SUBJECT: Conflict of Interest Code of the Contra Costs Community College District SPECIFIC REQUEST(S)ORRE�Cg�JN1_v�fMENDATIONI (S)&BACKGROUND AND JUSTIFICATION REf 5rg Approve the Contra Costa Community College District's Cor flict of Interest Code to substitute the attached as said code, as shown on the attached Resolution .Prom the District. Y➢ CES R •J l\%tl)s`a d-BV� X'Vim; �.+Ye6 1'1E N81SA 3L I`C.. NLSI The Contra Costa Community College District has replaced its code with 2 CCR § 18730 (FPPC Model Code) and submitted the code to the Board for approval pursuant to Government Code section 57306 and 573 36.5. Y r a'ATTACHMENT: XXX YES SIGNATURE: x RECOMMENDATION OF COUNT Y ADMINISTRATOR—RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGIINAT`JR(S): ACTIO O BOARD OIC :� � J Xf� <f � �.� APPROVED AS RECOMMENDEDA,---0-T-HE-R�m 'OTE OF St7PERVISORS- { I HEREBY CERTIFY THAT THIS IS A L'NlA�11MOUS (ABSIdN€TL�-,,,>>: TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ABSENT: ABSTAIN: ON TATE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE ATTES'T`ED: PHIL BATCAE bR, CEERK CSE THE BOARD OF SUPERVISORS Contact: County Counsel AND COUNTY ADMINISTRATOR cc: Clerk, Board of Supervisors ;a a Contra Costa Community College District �" � COUNTY COUNSELS OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Oat$: April 27, 1999 To: Clerk,Board of Supervisors Fro: : Victor J. Fest au, County Counsel By: Mary Ae'N'lert Mason, Deputy County Comsel �'v �A e Re: Conflict of Interest Code sof the Contra Costa.Community College District Attached liereto is an amendment to f-fte Conflict of Interest Code for the above-named entity. 1"he amendment is approved as to form. Please place this matter on the Beard of Supervisors' agenda as requested by the entity: A draft board order is attached. :fjb cc: John E. Hendrickson,Vice chancellor, Business Services Contra Costa Community College District Attachments 4 GOVERNING BOARD CONTRA COSTA COMMUNITYCOLLEGE DISTRICT OF CONTRA COSTA COUNTY MART NEZ,CAL?FCRN!A REPORT NO, 69-B DATE March 249 1 ggg PURPOSE ResolUt'on Establishing Conflict of Interest Code (Second Reading" - RO-L CALL VOTE REQUIRED TO MEMBERS OF THE GOVERNING BOARD It IS recommended that the attached Resolution Establishing Conflict of Interest Code be approved and adopted, It is further recommended that the Conflict of Interest Code he rescinded from the Rules and Regulations of the Governing Beard Policy Manual. ROLL CALL VOTE David N. MacDiarrmid - Aye Kristine L. Chase - Aye William M. Corey - Aye Sheila Grilli - Ay°e John s". Nejedly m Aye �v.;7 i.-� �=i: ti ..s't, �. tr _.�,. ;'.sti'a .,,.-c-.iE� .,•.,s. �.rr.. v X ,zE $q 'a P€v*ru',e sct, of 4tc. +is 4 199 .. 4... � , I D;S;3t7sifian Cate MAR 2 4 1999 Governing Board Secretary Contra Costa Community College District Martinez, California RESOLUTION ESTABLISHING CONFLICT OF INTEREST COD BE IT HEREBY RESOLVED that the Governing Board of the Contra Costa Community College District, in compliance with the political Reform Act (Government ent Code Section 8100, et. Seq.), establishes the following as its Conflict of Interest Code, effective April 1, 1999. The Political Reform Act (Government Code Section 61000, 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 legs. 18730) which contains the terms of a standard conflict of interest code. After public notice and hearing it may be amended by the Pair Political Practices Commission to conform to amendments in the Political Reform Act, Therefore, the terms of 2 CaliforniaCode of Regulations Section 18730 and any amendments to It duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached appendices designating officials and employees and establishing disclosure categories, shall constitute the conflict of interest coda of the Contra Costa Community College District. A copy of this regulation and any amendments to it will be retained in the office of the Vice Chancellor, Business Services. Designated employees shall filo their statements with the Contra Costa Community Coi€age District which will make the statements available for public inspection and reproduction. (Gov. Coda Section 81008.) Statements for all designated employees will be retained in the office of the Vice Chancellor, Business Services, Contra Costa Community College District. PASSED AND ADOPTED by the Governing Board of Contra Costa Community College District of Contra Costa County, State of California, this 24th day of March, 1999, by the following votes. AYES: CaOd Ns MacDiarmid, Kristine Lm Chase, '-"i'lstag Mm Corey, �hei3a Critli, John T. Ne1jedly NOES: None ABSENT- None Secretary of the i§overning Beard Contra Costa Community College District APPENDIX A Contra Costa Community College District Designated Posit€ons/Di closura Categories Assigned Designated Position Disclosure Category Governing Board Member � Chancellor President 'dice Chancellor, Business Services � Vice Chancellor, Educational Programs and Services Vice Chancellor, Human Resources � Iirector of Facilities and Planning � Director of information Technology Director of Purchasing ComptrogerlAssiatant Chief Fiscal Officer 2 Director of Business Services 2 Director, San Ramon Center for Higher Education 2 Director of of Community Relations and Marketing ¢ 3 Vice President of Academic Affairs/Student Services 2 Dean of the College 2 Dean of Economic Development 3 Dean of Economic Development and Instructional Services Dean of instruction 3 1 Dean of Uberal Arts and Sciences 3 Dean of Occupational Education 3 Dean of Planning, Research and professional Development 3 Dean of Student Services 3 Assistant Dean of Economic DevelopmenVOccup. and Community Ed. 3 Assistant Dean of Instruction 3 I Assistant Dean of Student Services 3 Assistant Dean, Health Sciences and Related programs 3 Dieu:&:Business Se:.'Vices Assigned Designated Position Disclosure Category Director of Admissions and Records 3 Director of Admissions, Records and Relations with Schools 3 Director of College Development 3 Director of Computer and Media Services 3 Director of District Research 3 Director of Enrollment Management 3 Director of Instructional Support 3 Director of international Educ tmn 3 f Director of LibrM Services 3 Director of Marketing and Media Design 3 Director of Matdculation and Research 3 { Director of Public Safety and Related Programs 3 Director of Special Programs and Services f 3 Director of Student Programs and Services 3 Assistant Director of Human Resources 3 Academic/Student.Sery€ce Program Manager(D P ) (FOPS) 3 Buildings and Grounds Manager � 3 Centrai emice hotctype et#ing Manager 3 Chief of District Police Services 3 College Bookstore Manager 3 College Center Manager 3 Custodial Manager 3 Data Processing Operations Manager 3 i District Budget and Special Funds Manager Manager of Audit Services 2 s Manager of Career Development and Assessment # 3 Manager of Custodial and Administrative Services 3 Manager of Financial Aid and Cashiers Office 3 Manager of Student Equity and Re-Entry Services 3 District Business Sewices z j Assigned Designated Position Disclosure Category Manager of Technology Services 3 Network Technology manager 3 Payroll Manager 3 Police Services Lieutenant 3 Pubic information OfficeriSpecial Assistant to the President 3 Satellite Business Services Manager 3 Technology Applications Manager 3 - Division Chairperson 3 LCOultant APPENDIX DISCLOSURE CA"T"EGORIES Designated Employees In Category I rust report: .All investments, all interests in real property, income from any source and any business entity in which the person is a director, officer, partner,trustee,employee, or holds any position of management. Financial interests are reportable only if located within the Contra Costa Community College District or if the business entity is doing business or planning to do business in the District(and such plans are known by the designated employee),or has done business within the District at any time during the two years prior to the filing of the statement. Designated Employees in Category 2 must report; Investments in any business entity, Income from any source and status as a director, officer, partner, trustee, employee, or holder of a position of management in any business entity,which.within the last two years, has contracted, or In the future foreseeably may contract with the Contra Costa Community College District to provide services, supplies, € aterials, machin"or equipment. Designated Employees in Category 3 must report: :,nvestments in any business entity, income from any source and stens as a director, officer, partner, trustees 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 may contract with the Contra Costa Community College District to provide services, materials, machinery or equipment which are of the type utilized by the department(s)to which the designated employee is assigned. Consultant 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 Chancellor, or designee, may determine, in writing,that a particular consultant, altho€agh a 'designated vosltlon,4 is hired to perforin a range of duties limited in scope and thus is not rewired to fully comply with the disclosure requirements in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of disclosure requirements. The Chancellor, or designee's determination is a public record and shad be retained for public inspection, in the Comptroller's Office. t��+G.L�bWt