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HomeMy WebLinkAboutMINUTES - 09212004 - C.73 TO:' Board of Supervisors CONTRA FROM: Silvano B. Marchesi, County Counsel n COSTA By: Mary Ann McNett Mason,Deputy County Counsel �� f COUNTY DATE: September 10, 2004 SUBJECT: Conflict of Interest Code of the Central Contra Costa Sanitary District SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): Approve amendment to the Central Contra Costa Sanitary District Conflict of Interest Code to substitute the attached as Exhibit A to said code, as shown on the attached Resolution from the District. BACKGROUND/REASON(S) FOR RECOMMENDATION(j• 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 section 87306 and 87306.5. C ATTACHMENT: YES SIGNATURE: � F RECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED VOTE OF SUPERVISORS: F I HEREBY CERTIFY THAT THIS IS A _UNANIMOUS (ABSENT LLL;)-d.. 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 JOHN SWEETEN, CLERK OF _ a THE BOARD OF SUPERVISORS Contact: County Counsel AND COUNTY ADMINISTRATOR cc: Clerk, Board of Supervisors f Joyce E. Murphy, Central Contra Costa Sanitary District 3 i •- I:VOANN\Marn\bdordcoi central cc san dist.wpd RESOLUTION NO. 2004-057 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 Cade 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 that 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 herebyapproved and adopted for the District, subject to approval by the Board of Supervisors of the County of Centra 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 Beard 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 2nd day of September 2004, by the following vote: AYES: Members: Hockett:, Menesini , Nejedly, Lucey NOES: Members: None ABSENT: Members: Boneysteele k- �� 'resident of the Board of Dir ors Central Contra Costa Sanit District, County of Contra Costa, State of California COUNTERSIGNED: See a, , cif the Cen ral Co ra Costa Sa it ry District, County of antra Costa, State of California APPROVED AS TO FORM: Kenton L. Aim District Counsel 1,Joyce E.Murphy,Secretary of the Central Contra Costa Sanitary District, of the County of Centra Costa,State of California,do hereby certify that the foregoing is a full,true,and correct copy of Resolution No.2004-057, passed and adopted by said District Board on September 3,2004. 4 Dated: 913/04 0' U S retary of the Distri 912/X104 "EXHIBIT A" DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT CONFLICT OF INTEREST CODE Designated Positions Disclosure Categories 1. Secretary of the District 1,2,3,4,5,6,7,8 2. Counsel for the District 1,2,3,4,5,6,7,8 3. Manager 1,2,3,4,5,6,7,8 4. Consultant* 1,2,3,4,5,6,7,8 5. Safety and Risk Management Administrator 1,2,3,4,5,6,7,8 6. Senior Control Systems Engineer 1,2,3,4,5,6,7,8 7. Process Control Engineer 1,2,3,4,5,6,7,8 8. Principal Engineer 2,3,4,5,6,7,8 9. Senior Engineer 2,3,4,5,6,7,8 10. Management Information Systems Administrator 1,4,5,6,7,8 '_T; FinGi pal Bt Y 4,5,6-7,8 12. Senior Buyer 4,5,6,7,8 13. Buyer 4,5,6,7,8 14. Material Services Supervisor 4,5,6,7,8 15. Plant Operations Superintendent 4,5,6,7,8 16. Field Operations Superintendent 4,5,6,7,8 17. Plant Maintenance Superintendent 4,5,6,7,8 18. Laboratory Superintendent 4,5,6,7,8 19. Pumping Stations Superintendent 4,5,6,7,8 * The category of Consultants shall be included on the list of designated employees and those Consultants who fall within the criteria enumerated below shall disclose, pursuant to the broadest disclosure category in the Code, subject to a determination by the General Manager, that a less broad category is appropriate. A particular Consultant shall be treated as a "designated position" to the extent that the Consultant (i) is either delegated specified decision-making authority or functions as an officer or employee of the District, and (ii) the duties of the Consultant can foreseeably materially affect private economic interests through the exercise of his or her duties for the District. The General Manager shall make a determination in writing when a particular Consultant falls within the above-described criteria requiring the Consultant to be treated as a "designated position." The General Manager's determination is a public record and shall be retained for public inspection in the same manner and location as the Conflict of Interest Cade. "EXHIBIT K (Continued) Other_Officials Who Manage Public Investments In accordance with Government Code Section 97200, certain District officials are required to disclose, upon assuming and leaving office, and annually while in office, their investments, income, and interests in real property by way of Fair Political Practices Commission (FPPC) Form 700, State of Economic Interests. Those positions designated to file Farm 700 are those "directing the investment of public monies, formulating or approving investment policies, approving or establishing guidelines for asset allocations, or approving investment transactions." It has been determined that the positions listed below manage public investments and will file a Statement of Economic Interests pursuant to Government Code Section 97200 (Form 700): 1. Member, Board of Directors 2. General Manager 3. Director of Administration 4. Director of Engineering 5. Controller CategoryIndex 1 Investments 2 interests in Real Property 3 Interests in Real Property and Investments Held by Business Entitles or Trusts 4 Income (Other than Gifts and Loans) 5 Income (Loans) 6 Income (Gifts) 7 Business Positions 8. Commission Income, Income and Loans to Business Entities or Trusts, and Income from Rental Property 2004 Local Biennial Notice Name of agency: Central Contra Costa Sanitary District Mailing Address: 5019 Imhoff Place, Martinez, CA 94553 Joyce E. Murphy 925-229-7303 Contact Person: Office Phone No: E-mail: jmurphy@centralsan.dst.ca.us Fax No: 925-229-7303 This agency has reviewed its conflict-of-interest code and has determined that: M An amendment is required. The following amendments are necessary: (Check all that apply) Include new positions (including consultants)that must be designated - See attached Resolution O Delete positions that manage public investments from the list of designated positions No. 2004-057 O Revise disclosure categories 0 Revise the titles of existing positions 0 Delete titles of positions that have been abolished 4 Other (describe) No amendment is required. The agency's code accurately designates all positions that make or participate in the making of governmental decisions; the disclosure categories assigned to those positions accurately require the disclosure of all investments, business positions, interests in real property, and sources of income whic 6_%Tt reseeably be affected materially by the decisions made by those holding the designated po ions; aarld t e cede includes all other provisions required by Government Code Section 87302. f s 9/3/04 r rz tore f of a live QhiCer pate Complete this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 1,2004 to: Jane Pennington Chief Clerk The Clerk of the Board of Supervisors 659 Pine Street, Room 106 Martinez, CA 94553 Fair Political Practices Commission (666)ASK-FPPCiwww.fppc.ca.gov Biennial Notice Locals•June 2004 Office of the Count Counsel Contra Costa Count } Y y 651 Pine Street, 9th Floor Phone: (925)335-1800 Martinez, CA 94553 Fax: (925)646-1078 Date: September 10, 2004 To: Clerk,Board of Supervisors From: Silvano B. Marchesi, County Counsel By: Mary Ann.McNett Mason, Deputy County Counsel Re: Conflict of Interest of Code for the Central Contra Costa Sanitary District In response to your memorandum of September 7, 2004, 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 entity. A draft board order is attached. MAM/jh cc: Joyce E. Murphy, Central Contra Costa Sanitary District attachments UJ0A,NN\M&rn\Cent,a1 San Dist witnemn.upd