HomeMy WebLinkAboutMINUTES - 12152009 - C.101RECOMMENDATION(S):
Direct County Administrator, working with County Counsel, to report to the Board on
County procedures governing employee involvement in contracts with prospective
employers.
FISCAL IMPACT:
None.
BACKGROUND:
The County enters into hundreds of contracts with vendors to provide goods and services to
the County and its residents. Some of the contracts are for substantial sums of money. It is
important and prudent for the County to ensure that the negotiation and processing of such
contracts be conducted in the best interests of the County and the public treasury. The
integrity of the contracting process could be undermined if County staff involved in such
contracts and negotiations are considering potential vendors as potential employers.
Current state law prohibits a public official from making or influencing a governmental
decision (such as a contract) that involves a person with whom the official is negotiating
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
Contact: David Twa,
925-335-1080
I hereby certify that this is a true and correct copy of an action taken and entered on
the minutes of the Board of Supervisors on the date shown.
ATTESTED: December 15, 2009
David J. Twa, County Administrator and Clerk of the Board of
Supervisors
By: , Deputy
cc:
C.101
To:Board of Supervisors
From:David Twa, County Administrator
Date:December 15, 2009
Contra
Costa
County
Subject:Procedures Governing Employee Involvement in Contracts with Prospective Employers
prospective employment.
County employees are public officials for purposes of that provision. The California Fair
Political Practices Commission, which enforces this provision, has adopted a regulation that
provides that a public employee is “negotiating” employment when he or she interviews or
discusses an offer of employment with an employer. A public employee has an
“arrangement” concerning prospective employment when he or she accepts an offer of
employment. The broad prohibition against involvement in County decisions concerning
prospective employers applies to County employees as soon as they are involved in the
interview process for a position. However, this prohibition has not been widely
communicated to County employees.
It is desirable that County employees learn about the requirements of this state law and have
an easily accessible source of information about the law. Therefore, the County
Administrator is directed to provide a report to the Board on possible options for County
implementation of this state law provision. For example, it may be appropriate to develop an
Administrative Bulletin with procedures for local implementation of the section. It may also
be desirable to provide periodic employee training on this and similar issues.
In addition, the County Administrator should explore other possible measures intended to
ensure that the County’s contracting process retains the maximum level of objectivity and
integrity.
BACKGROUND: (CONT'D)
NOTES:___________________
1. Gov. Code, § 87407:
“No public official shall make, participate in making, or use his or her official position to
influence, any governmental decision directly relating to any person with whom he or she is
negotiating, or has any arrangement concerning prospective employment.”
2. Gov. Code, § 82048.
3. Cal. Code Regs., tit. 2 § 18747.
CLERK'S ADDENDUM
ADOPTED the recommendation; and REFERRED the matter to the Internal Operations
Committee for development of a clear policy.