HomeMy WebLinkAboutMINUTES - 10262010 - C.36RECOMMENDATION(S):
Approve amendments to the Moraga-Orinda Fire District Conflict of Interest Code to
substitute the attached as said code.
FISCAL IMPACT:
None.
BACKGROUND:
The Moraga-Orinda Fire District has amended its code and submitted the amended code to
the Board for approval pursuant to Government Code section 87306 and 87306.5. These
changes are shown on the attached ‘red-line’ version of the code. The District has replaced
its former code with the Fair Political Practices Commission model code. Also, the list of
designated positions has been revised to include new positions, delete positions, and revise
titles of existing positions.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/26/2010 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Gayle B. Uilkema, District II
Supervisor
Susan A. Bonilla, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Becky Welch (925)
335-1800
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: October 26, 2010
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Christine Pokorny, Administrative Secretary, Moraga-Orinda Fire District, Tiffany Lennear, Clerk of the Board of Supervisors, Mary Ann Mason,
Supervising Deputy County Counsel
C.36
To:Board of Supervisors
From:Sharon L. Anderson, County Counsel
Date:October 26, 2010
Contra
Costa
County
Subject:Conflict of Interest Code of the Moraga-Orinda Fire District
CONSEQUENCE OF NEGATIVE ACTION:
Conflict of Interest Code for the Moraga-Orinda Fire District will not be amended
pursuant to Government Code 87306 and 87306.5.
CHILDREN'S IMPACT STATEMENT:
None.
ATTACHMENTS
Final Version - Conflict of Interest Code
Adoption of Conflict of Interest Code-redline
RESOLUTION 10-12 - REDLINE VERSION
A RESOLUTION OF THE MORAGA-ORINDA FIRE
PROTECTION DISTRICT OF CONTRA COSTA COUNTY,
ADOPTING A CONFLICT OF INTEREST CODE
BE IT RESOLVED that the Board of Directors of the Moraga-Orinda Fire District does hereby
adopt the following Conflict of Interest Code::
SECTION 1. Purpose
Pursuant to the provisions of Government Code sections 87300 et seq., the Moraga-Orinda
Fire Protection District of Contra Costa County 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 § 81000). The provisions of this Code are additional to Government Code
section 87100 and other laws pertaining to conflicts of interest. Except as otherwise indicated, the
provisions of said Act and regulations adopted pursuant thereto are incorporated herein and this code
shall be interpreted in a manner consistent therewith.
SECTION 2. Designated Positions
The positions listed below are designated positions. Officers and employees holding these
positions are designated employees and are deemed to make, or participate in the making of,
decisions which may foreseeably have a material effect on a financial interest.
Designated Positions Disclosure Category
Member of the Board of Commissioners Directors 1&2
Chief Administrator, Fire Chief 1&2
Assistant Fire Chief 1&2
Battalion Chiefs 1&2
Fire Marshal, Chief of Fire Prevention 1&2
Senior Fire Inspector Fire Prevention Officer 1& 2
Senior Fire Inspector Fire Prevention Specialist 3 (H) (I) (J) (K) (M) (N) (O)
Fire District Legal Counsel 1&2
Consultant 4
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Deleted: The Board of Commissioners Directors
of the Moraga-Orinda Fire Protection District
("District") ordains as follows
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SECTION 3. 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 a decision made or participated in by the designated
employee by virtue of the employee's positions.
Designated Employees in Category "1" must report:
All investments, interests in real property and income, 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 Moraga-Orinda Fire Protection 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, and 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 has within the last two years contracted or foreseeably may contract, with Moraga-Orinda Fire
Protection District to provide services, supplies, materials, machinery, or equipment to such district.
Designated Employees In Category "3" must report:
Investments in any business entity and 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 has been within the last two years contracted, or foreseeably may contract, with Moraga-
Orinda Fire Protection District to provide services supplies, materials, machinery or equipment which
are related to the following areas:
(A) Motor Vehicle Equipment Service & Supplies
(B) Communications Equipment Service & Supplies
(C) Building & Grounds Material Equipment Service & Supplies
(D) Material, Equipment Service & Supplies for Stations
(E) Canvas Service & Supplies
(F) Air systems Equipment Service & Supplies
(G) Aircraft Equipment Service & Supplies
(H) Material & Service for Weed Abatement Program
(1) Material & Service for Building Construction
(J) Material & Service for Water Supply for Fire Protection
(K) Fire Protection Equipment, Services & Supplies
(L) Hose Service Supplies
(M) Mapping Service & Supplies
(N) Photograph Equipment Service & Supplies
(0) Public Education Material Service & Supplies
(P) Office Equipment Service & Supplies
(Q) Real Property within the District
Designated Employees In Category "4" must report:
Consultants shall disclose all of the interests required to be disclosed pursuant to Disclosure
Categories 1 and 2, subject to the following limitation: The Chief Administrator 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 of the broadest disclosure category, but instead must comply with more tailored
disclosure requirements specific to that consultant. 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 Chief Administrator’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.
SECTION 4. Statement
Designated positions shall be assigned to one or more of the disclosure categories set forth
above. Each designated employee shall file an annual statement disclosing that employees' interest in
investments, real property and income, designated as reportable under the category to which the
employee's position is assigned.
SECTION 5. Place and Time of Filing
(a) All designated employees required to submit a statement of financial interest shall
cause the same to be filed with the Clerk or Secretary of the District.
(b) The Clerk or Secretary of the District which receives the statement of financial
interest shall make and retain a copy and forward the original to the Clerk of Contra Costa County.
(c) A designated employee required to submit a statement of financial interest shall
submit an initial statement within thirty (30) days after the effective date of this Code.
d) All employees appointed, promoted or transferred to designated positions shall file
initial statements not less than ten (10) days before assuming office, unless an earlier assumption of
office is required by emergency circumstances, in which case the statement shall be filed within thirty
(30) days thereafter.
(e) Annual statements shall be filed during the month of February by all designated
employees. Such statement shall cover the period of the preceding calendar year.
(f) A designated employee required to file a statement of financial interest with any other
agency, which is within the same territorial jurisdiction, may comply with the provisions of this Code
by filing a duplicate copy of the statement filed with the other agency, in lieu of an entirely separate
document.
SECTION 5. Scope and Manner of Reporting
All persons required by this Conflict of Interest Code to file statements of economic
interests shall comply with the provisions of 2 California Code of Regulations section 18730 (and as
that section may be amended), which contains detailed instructions regarding the scope of interests to
be reported as well as the manner of reporting them. The regulation can be found online at:
http://www.fppc.ca.gov/legal/regs/current/18730.pdf.
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Deleted: on Exhibit "B
Deleted: "
Deleted: on Exhibit "B"
Deleted: 4
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Not Bold, No underline
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Deleted: Contents of Disclosure Statement ¶
¶
Disclosure statements shall be made on forms
supplied by the Clerk of the Contra Costa County,
and shall contain the following information: ¶
¶
<#>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; ¶
¶
(4) A statement whether the fair market value of
the investment, or interest in real property, exceeds
ten thousand dollars ($10,000), and whether it
exceeds one hundred thousand dollars ($100,000).
This information need not be provided with respect
to an interest in real property which is used
principally as the 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 two hundred and fifty dollars
($250) 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 for each source was greater than one
thousand dollars ($1,000), and whether it was greater
than ten thousand dollars ($10,000); ¶
¶
(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 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: ¶
¶
<#>The name, address, and a general description of
the business activity of the business entity; ¶... [1]
SECTION 6. Disqualification
Designated employees must disqualify themselves from making or participating in the making
of any decisions in which they have reportable financial interest, when it is reasonably foreseeable
that such interest may be materially affected by the decision. No designated employee shall be
required to disqualify himself with respect to any matter which could not be legally acted upon or
decided without his participation.
SECTION 7. Effective Date
This code, unless otherwise provided by the Political Reform Act of 1974, shall become
effective upon the date of approval and ratification by the code reviewing body of the County of
Contra Costa.
Adopted on motion by the Board of Directors of the Moraga-Orinda Fire Protection District.
August 18, 2010
AYES:
NOES:
ABSENT:
ABSTAIN:
Dated: August 18, 2010
Frank Sperling, President
Board of Directors
I certify that this is a full, true and correct copy of the original document which is on file in my office,
and that was passed and adopted by the Moraga-Orinda Fire Protection District on the date shown.
ATTEST:
Christine Pokorny
Clerk to the Board
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
Steven R. Meyers, District Counsel Randall Bradley, District Chief
1489383.1
Deleted: EXHIBIT "A"¶
¶
¶
Designated Positions Disclosure
Category ¶
¶
Member of the Board of Commissioners
Directors 1&2 ¶
¶
Chief Administrator, Fire Chief 1&2 ¶
¶
Assistant Fire Chief 1&2¶
¶
Battalion Chiefs 1&2 ¶
¶
Fire Marshal, Chief of Fire Prevention 1&2 ¶
¶
Senior Fire Inspector Fire Prevention
Officer 1& 2 ¶
¶
Senior Fire Inspector Fire Prevention
Specialist 3 (H) (I) (J) (K) (M) (N) (O) ¶
¶
Fire District Legal Counsel 1&2 ¶
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Deleted: 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 a decision made or
participated in by the designated ¶
employee by virtue of the employee's
positions. ¶
¶
Designated Employees in Category "1"
must report:¶
¶
All investment, interests in real
property and income, 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
Moraga-Orinda Fire Protection 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,
and 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 has within the last two
years contracted or foreseeably may
contract, with Moraga-Orinda Fire
Protection District to provide ... [2]
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Contents of Disclosure Statement
Disclosure statements shall be made on forms supplied by the Clerk of the Contra Costa
County, and shall contain the following information:
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;
(4) A statement whether the fair market value of the investment, or interest in
real property, exceeds ten thousand dollars ($10,000), and whether it
exceeds one hundred thousand dollars ($100,000). This information need
not be provided with respect to an interest in real property which is used
principally as the 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 two hundred
and fifty dollars ($250) 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 for each source was
greater than one thousand dollars ($1,000), and whether it was greater than
ten thousand dollars ($10,000);
(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 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:
The name, address, and a general description of the business activity of the
bi i
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
prorata share of fees from such person was equal to or greater than one
thousand dollars ($1,000);
In the case of a business entity not covered by paragraph(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 employees shall list the name of each business entity not
specified above in which they are a director, officer, partner, trustee, employee, or in which they
hold any position of management.
(e) Initial Statement: The initial statement filed by an employee appointed to a
designated position shall disclose any reportable investments and interests in real property.
(f) Acquisition or Disposal During Reporting Period: In the case of a statement filed under
Section 400(f), 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.
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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 a
decision made or participated in by the designated
employee by virtue of the employee's positions.
Designated Employees in Category "1" must report:
All investment, interests in real property and income, 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 Moraga-Orinda Fire Protection 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:
management in any business entity, which has within the last two years contracted
or foreseeably may contract, with Moraga-Orinda Fire Protection District to
provide services, supplies, materials, machinery, or equipment to such district.
Designated Employees In Category "3" must report:
Investments in any business entity and 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 has been within the last two years
contracted, or foreseeably may contract, with Moraga-Orinda Fire Protection
District to provide services supplies, materials, machinery or equipment which
are related to the following areas:
(A) Motor Vehicle Equipment Service & Supplies
(B) Communications Equipment Service & Supplies
(C) Building & Grounds Material Equipment Service & Supplies
(D) Material, Equipment Service & Supplies for Stations
(E) Canvas Service & Supplies
(F) Air systems Equipment Service & Supplies
(G) Aircraft Equipment Service & Supplies
(H) Material & Service for Weed Abatement Program
(1) Material & Service for Building Construction
(J) Material & Service for Water Supply for Fire Protection
(K) Fire Protection Equipment, Services & Supplies
(L) Hose Service Supplies
(M) Mapping Service & Supplies
(N) Photograph Equipment Service & Supplies
(0) Public Education Material Service & Supplies
(P) Office Equipment Service & Supplies
(Q) Real Property within the District