HomeMy WebLinkAboutMINUTES - 11052002 - C89 TO: Board of Supervisors t '?
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FROM: Silvano B. Marchesi, County Counsel COSTA
By: Mary Ann McNett Mason, Deputy County Counsel COUNTY
DATE: October 23, 2002
SUBJECT: Conflict of Interest Code Amendment of the Ironhouse Sanitary District
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
Approve amendments to the Ironhouse Sanitary District Conflict of Interest Code to substitute the
attached as said code, as shown on the attached Resolution from the District.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
The Ironhouse Sanitary District has amended its code and submitted the amended code to the Board for
approval pursuant to Government Code section 87306 and 87306.5.
CONTINUED ON ATTACHMENT: YES SIGNATURE: ,?�f
RECOMMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
APPROVE OTHER
SIGNATUR.E(S):
ACTION OF BOARD ON_ Nt�r 5. 22 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS:
I HEREBY CERTIFY THAT THIS IS A
qac UNANIMOUS (ABSENTi TRUE AND 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: Noverber 5, 2002
JOHN SWEETEN, CLERK OF
THE BOARD OF SUPERVISORS
Contact: County Counsel AND COUNTY ADMINISTRATOR
cc Clerk,'Board of Supervisors
Cynthia Bauer, Ironhouse Sanitary District By: irL
Deputy
I`JOANNIMAMMbdordcoi Ironhouse.wpd
RESOLUTION 02-16
A RESOLUTION OF THE BOARD OF DIRECTORS
APPROVING AMENDMENT OF THE CONFLICT OF INTEREST CODE
OF THE IRONHOUSE SANITARY DISTRICT
WHEREAS, on October 1, 2002, the Ironhouse Sanitary District, a California Sanitary
District(the "District"), adopted a new Conflict of Interest Code(the"Code");
WHEREAS,Government Code Section 97306.5 requires that in each even numbered year,
local agencies having Conflict of Interest Codes approved by the Contra Costa County Board of
Supervisors are required to review their codes for updating;
WHEREAS, the District, after reviewing its Code, has determined that it is necessary to
bring the code into conformity with changes in the governing statutes and regulations since 1998 and
to reconcile its code more fully with prexisting statutory and regulatory terms. Additionally, the
District has added the position of"Reclamation Supervisor"to its Designated Positions-Disclosure
Category II..
NOW,THEREFORE,BE IT RESOLVED by the Board that,based on the foregoing facts
and circumstances, the Secretary of the District is hereby directed to mare the changes as marked
in the attached Conflict of Interest Code of the Ironhouse Sanitary District.
I hereby certify that the foregoing is a full,true and correct copy of a resolution duly passed and
adopted by the Sanitary Board of the Ironhouse Sanitary District at a meeting thereof held on the 1 st
day of October, 2002..
AYES, and in favor thereof, Members: L. Byer, D. Hardcastle, D. Lew,
M. Painter, W. Trice
NOES, Members: none
ABSENT, Members: none
Secretary
(SEAL)
APPROVED:
Pre ' nt
CAB1wp84
resO2-16
CONFLICT OF INTEREST CODE
OF THE
IR.ONHOUSE SANITARY DISTRICT
SECTION 100 . Purpose. Pursuant to the provisions of
Government code Sections 87300, et seq. , the Ironhouse Sanitary
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 (Government Code
Section 81000) . .The provisions of this Code are additional to
Government Code Section 87100 and other laws pertaining to conflict
of interest . Except as otherwise indicated, the definitions of
said Act and regulations adopted pursuant thereto are incorporated
herein in 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 officer/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 Statements . Designated positions
shall be assigned to one or more of the disclosure categories set
forth on Exhibit "B" . Each designated officer/employee shall file
an annual statement disclosing that officer/employee ' s interest in
investment, real property, and income, designated as reportable
under the category to which the employee 's position is assigned on
Exhibit "A"
SECTION 400 . Place and Time of Filing
(a) All designated officer/employees required to submit a
statement of financial interests shall file the original
with the filing officer.
(b) The filing officer shall make and retain a copy and
forward the original to the Clerk of the Board of
Supervisors.
(c) All designated officer/employee on the effective date of
this Code, as originally adopted, promulgated and
approved by the code reviewing body, shall file initial
statements within thirty days after the effective date of
this code. Thereafter, each person already in a position
when it is designated by an amendment to this Code shall
file an initial statement within thirty days after the
effective date of the amendment .
1
Officer/employees appointed, promoted or transferred to
designated positions shall file initial statements within
30 days after date of appointment, promotion or
transfer.
(d) Annual statements shall be filed during the month of
.April by all designated officer/employees . Such
statements shall cover the period of the preceding
calendar year. Closing statements shall be filed within
30 days of leaving a designated position. Such
statements shall cover the period from the closing date
of the last statement filed to the date of leaving the
positions.
(e) A designated officer/employee required to file a
statement of financial interest under any other agency's
conflict of interest code, or under Article 2 of Chapter
7 of the Political Reform Act for a jurisdiction
contained within the territorial jurisdiction of this
agency may comply with the provisions of this Code by
filing a duplicate copy of that statement and an expanded
statement which covers reportable interests in that
portion of this agency' s jurisdiction which differs from
the jurisdiction described in the other statement .
SECTION 500 . Contents of Disclosure Statements. Disclosure
Statements shall be made on forms supplied by the Clerk of Contra
Costa County, and shall contain the following information.
(a) Contents of Investment and Real Property Reports :
When an investment, or an interest in real property, is
required to be reported, the statement shall contain:
(1) A Statement of the nature of the investment or
interest;
(2) The name of the business entity in which each
investment is held, and a general description of
the business activity in which the business entity
is engaged;
(3) The address or other precise location of the real
property unless the pr gerty is the official
principal or personal residence in which case the
official shall disclose this fact;
(4) A statement whether the fair market value of the
investment or interest in real property equals or
exceeds 040 WlAOA44 456XWO /0110000 two thousand
dollars ($2 , 000) but does not exceed ten thousand
2
dollars ($10, 000) , whether it exceeds ten thousand
dollars ($1o, 000) but does not exceed one hundred
thousand dollars ($1oO,bOO) ,Ot whether it exceeds
one hundred thousand dollars ($100, 000) but does
not exceed one million dollars 1$-1, 000- OU) , or
whether it =eeds one milli-on dollars
(S1. 000, 000) . This information need not be
provided with respect to an interest in real
property which is the principal residence of the
filer or any other property which the filer
utilizes exclusively as the personal residence of
the filer.
(b) Contents of Personal Income Reports;
When personal income is required to be reported, the
statement shall contain:
(1) The name and address of each source of income
aggregating tOO X 04 A44 Uft)F AOXWO XWOY
five hundred dollars (5500) or more in value, or
fifty dollars ($50) or more in value if the income
was a gift, and a general description of the
business activity, if any of each source. In the
case of a gift received through an intermediary,
the name, address, and business activity of both
the donor and the intermediary must be disclosed.
(2) A statement whether the aggregate value of income
from each source, or in the case of a loan, the
highest amount owed to each source, was at least
t$#O XjAA$tO$ f%f� ' $01X440 X$%%OY five hundred
dollars 5500)_ but did not exceed one thousand
dollars ($1, 000) , whether it was in excess of one
thousand dollars ($1, 000) but was not greater than
ten thousand dollars ($10, 000) , or whether it was
greater than ten thousand dollars ($10, 000),. but
did m exceed one hundred thousgn100. 000) .
whether it was greater . thanmillion o s
(51, 000, o0o}
(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 income was received;
(5) In the case of a loan, the annual interest rate and
the security, if any, given for the loan and the
term of the loan.
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(c) Contents of Business Entity Income Reports:
When income of a business entity, including income of a
sole proprietorship, is required to be reported, the
statement shall. contain;
(1) The name, address, and a general description of the
business activity of the business entity;
(2) The name of every person from whom the business
entity received payments if the filer' s prorata
share of gross receipts from such person was equal
to or greater than ten thousand dollars ($10, 000)
during a calendar year.
(d) Contents of Management Positions Reports :
When management positions are required to be reported,
designated officer/employees shall list the name of each
business entity not specified above in which they are
director, officer, partner, trustee, employee, or in
which they hold 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.
(e) Initial Statement :
The initial statement filed by a designated
officer/employee employed on the effective date of this
code shall disclose investments, business positions,
interests in real property held on the effective date of
this code and income received during the 12 months before
the effective date of this code. Thereafter, the initial
statement filed by an officer/employee already in a
position when it is designated by amendment to this code
or by an officer/employee appointed, transferred, or
promoted to a designated position shall disclose any
reportable investments, business positions and interests
in real property held on, and income received during the
12 months before the effective date of the amendment,
appointment, transfer or promotion.
.(f) Acquisition or Disposal During Reporting Period:
In the case of a statement filed under Section 400, 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 .
4
SECTION 600 . Disqualification. Designated officer/employees
must disqualify themselves from making or participating in the
making of any decisions or using their official position to
influence the making of any decision in which they have a
40j60; j6%0 financial interest, when it is reasonably foreseeable
that such interest may be materially affected by the decision irL a
manner distinguishable from its effect on the public generally. No
designated officer/employee shall be required to disqualify himself
with respect to any matter which could not be legally acted upon or
decided without his participation.
5
EXHIBIT "A"
Designated Positions - Disclosure Cate<aary I
Directors
District Manager
District Engineer
General Counsel.
Consultant*
pesiignated Positions Disclosure Cate-gory II
Secretary
Treasurer
Board Clerk
Administrative Assistant
Superintendent -• Operations & Maintenance
Supervisor - Collection Systems
Reclamations Supervisor
* Consultant . "Consultant" means a position established
by contract with the District pursuant to which contract
information, advice, recommendation or counsel is provided to the
District; provided, however, that "consultant" shall not include a
position in which the person providing such information, advice,
recommendation or counsel ;
(1.) conducts research and arrives at conclusions with respect
to his or her rendition of information, advice recommendation or
counsel independent of the control and direction of the District or
of any District official, other than normal contract monitoring;
and
(2) possesses no authority with respect to any District
decision beyond the rendition of information, advice,
recommendation or counsel .
A position nominally known as a consultant to the District is
not a designated position herein unless such definition is
satisfied. Thus, a "financial consultant" , an "engineering
consultant" and a "bond counsel" in many instances will not be a
consultant herein. Determinations hereunder shall be made by the
governing body of the .District.
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:
6
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 Section 300 .
.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.
7
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EXHIBIT "B"
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 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/employee by virtue of the officer/employee ' s position.
Designated Officer/Employees In Disclosure Category I Must
Report :
All investments, interests in real property, income, and any
business entity in which the officer/employee is a director,
officer, partner, trustee, employee, or holds $40 any position
of management . 'These financial interests are reportable only;
(A) if an interest in real property is located in part or in
whole within the boundaries of the District, within two miles
thereof or within two miles of land owned or used by the
District; (B) a business entity is doing business or plans to
do business within the boundaries of the District, or has done
business within the boundaries of the District, at any time
during the two years prior to the time that the disclosure
statement of the designated officer/employee is filed.
Designated Officer/Employees In Disclosure Category II Must
Report :
Investments in any business entity, income from any source,
and status as a director, officer partner, trustee, employee,
or holder of A any position of management in any business
entity 'which has within the last two years contracted or
foreseeably may contract with Ironhouse Sanitary District to
provide services, supplies, materials, machinery, or equipment
to or for said District .
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code\conflict of interest cods:
Revised: August 22,2002
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