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Home My WebLink AboutMINUTES - 09182006 - C.16 TO: Board of Supervisors '" F h =p•• CONTRA FROM: Silvano B. Marchesi, County Counsel �'' '.''s COSTA By: Mary Ann McNett Mason,Deputy County Counsel .:�� COUNTY eo DATE: September 18, 2006 SUBJECT: Conflict of Interest Code of the Delta Diablo Sanitation District SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): Approve amendments to the Delta Diablo Sanitation District Conflict of Interest Code to substitute the attache as said code, as shown on the attached Resolution from the District. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The Delta Diablo Sanitation 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:4Z ! 94',t, aa4 Jw� __,Z-RECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMMENDATION OF BOARD COMMITTEE /APPROVE _ OTHER SIGNATURE( ACTION OF B6L ON I d):3&L,, APPROVED AS RECOMMENDED OTHER_ VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A C UNANIMOUS (ABSENT 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 THE BOARD OF SUPERVISORS Contact: County Counsel AND COUNTY ADMINISTRATOR cc: Clerk, Board of Supervisors k Denise Jones, Delta Diablo Sanitation District , DEPUTY K:UOANN`\MAM\deltabdordcoi.wpd BEFORE THE BOARD OF DIRECTORS OF DELTA DIABLO SANITATION DISTRICT Re: Approving Amendments to the ) District's Conflict of Interest Code 1 RESOLUTION NO. 12/2006 THE BOARD OF DIRECTORS OF DELTA DIABLO SANITATION DISTRICT HAS DETERNENED THAT: WHEREAS,the Political Reform Act(Government Code Section 81000,et. seq.)requires state and local government agencies to adopt and promulgate conflict of interest codes; and WHEREAS, The Fair Political Practices Commission has adopted a regulation(California Code of Regulations,Title 2,§ 18730)that contains the terms of a standard conflict of interest code, and after public notice and hearing that regulation may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act; and WHEREAS, in October 2002 the Board amended the District's Conflict of Interest Code to incorporate the terms of California Code of Regulations,Title 2, § 18730 and any amendments to it duly adopted by the Fair Political Practices Commission; and: WHEREAS,in accordance with the provisions of the Act,the District is required to review its Conflict of Interest Code each even numbered year,and to submitany amendments to the Board of Supervisors of Contra Costa County,the code reviewing body. NOW THEREFORE,the Board of Directors of Delta Diablo Sanitation District DOES HEREBY RESOLVE AND ORDER as follows: 1. To ensure the Conflict of Interest Code reflects the current organizational structure of the District, approves the proposed amendments to'Section 2 and to Exhibit A of the Conflict of Interest Code, as attached hereto: 2. Directs staff to transmit this Code forthwith to:the Contra Costa County Clerk of the Board of Supervisor's for review and approval. 3. The amendment to the Conflict of Interest Code shall become effective upon approval by the code reviewing body. PASSED AND ADOPTED on September 13,2006 by the following vote: AYES: FREITAS, GLOVER and PARENT ABSENT: NONE NOES: NONE ABSTAIN: NONE I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution adopted by the Board of Directors of Delta Diablo Sanitation District on September 13,2006. ATTEST: Nancy L. Parent Board Secretary V By: Attachment: DDSD Conflict of Interest Code RESOLUTION NO. 12/2006 z:\boardVesolutionstresolutions\2006\reso 412-2006-conflict of interest code 2006 update.doc b r DELTA DIABLO SANITATION DISTRICT CONFLICT OF INTEREST CODE (Incorporating Fair Political Practices Commission Model Code) Adopted September 13,2006 0 Secre ry o the Board of Directors Resolution No. 12/2006 Delta Diablo Sanitation District CONFLICT OF INTEREST CODE Table of Contents PAGE Section 1. Incorporation of Model Code............................... 1 Section 2. Where Statements are Filed ................................. 1 Exhibit A —Designated Positions ....................................... 2 Exhibit B —Disclosure Categories ..................................... 3 CONFLICT OFINTEREST CODE OFTHEDELTA DIABLO SANITATIONDISTRICT 1. IncoMoration of State Model Code by Reference The Political Reform Act(Government Code § 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(California Code of Regulations, title 2, § 18730)that contains the terms of a standard conflict of interest code. After public notice and hearing,it may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore,the terms of California Code of Regulations,title 2, § 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Exhibits A and B designating officials and employees and establishing disclosure categories,shall constitute the Conflict of Interest Code of the Delta Diablo Sanitation District. 2. Where Statements are to be Filed Persons holding designated positions shall file disclosure statements with the Office Manager/Secretary to the Board. The Office Manager/Secretary to the Board shall retain custody of the statements in accordance with 2 Cal. Code of Regs. Section 18115 and make the statements available for public inspection and reproduction. In the case of the General Manager and Members of the Board of.Directors,Office Manager/Secretary to the Board shall make and retain a copy of the disclosure statement and forward the original to the Contra Costa County Clerk of the Board of Supervisors. Page 1 Delta Diablo Sanitation District CONFLICT OF INTEREST CODE EXHIBIT "A"DESIGNATED POSITIONS DESIGNATED POSITIONS DISCLOSURE CATEGORY Members of the Board of Directors* 1 District Counsel 1 General Manager/District Engineer 1 Deputy General Manager l Office Manager/Secretary to the Board 1 Technical Services: Engineering Services Director 1 Senior Engineer 1 Associate Engineer 1 Construction Inspector 1 Administrative Services: Business Services Director 1 Human Resources Manager 1 Finance Supervisor 1 MIS Coordinator 1 Risk Coordinator 1 Community Outreach Coordinator 1 Field Services: Operational Services Director I Laboratory Director 1 Industrial Monitoring Inspector I &II 1 Plant Manager 1 Maintenance Manager 1 Inventory Control Specialist 1 Consultants** 1 *The members of the Board of Directors may include: Chair of the Board of Supervisors and the designated alternate Mayor of the City of Antioch and the designated alternate Mayor of the City of Pittsburg and the designated alternate **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 General Manager/District Engineer 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 this section. 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 Page 2 Page 3 Delta Diablo Sanitation District CONFLICT OF INTEREST CODE EXHIBIT"B"DISCLOSURE CATEGORIES Designated Employees in Group "1" port must re : Investments in any business entity; interests in real property;income from any source; and status as a director, officer,partner,trustee, employee, or holder of any position of management in any business entity. Financial interests are reportable only if located within the 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 year period prior to the filing of the statement. Designated Employees in Group"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 that it is foreseeable that in the future They may contract with the District to provide services, supplies,materials,machinery or equipment. Designated Employees in Group "3"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,had contracted or that it is foreseeable that in the future they may contract with Delta Diablo Sanitation District to provide services,supplies,materials,machinery or equipment which are related to one of the following areas: (A) District Buildings-Maintenance (B) District Buildings-Construction (C) District Grounds-Maintenance (D) Sewer Facility Maintenance (E) Sewer Facility Construction (F) Sanitation&Water Supply (G) Office Supplies&Equipment (H) Motor Vehicles (I) Motor Vehicle Parts. (J) Petroleum Products (K) Landscaping (L) Electronic Equipment:telephone equipment; computers; instrumentation equipment; including all associated software. (M) Professional and Other Services including accounting; auditing;banking; engineering;investment and/or legal services. (l) Any business located in the Delta Diablo Sanitation District service area. Page 4