HomeMy WebLinkAboutMINUTES - 09301986 - 1.46 TO BOARD OF SUPERVISORS
FROM: Victor J. Westman, County Counsel Contra
By: Elizabeth B. Hearey, Deputy County Counsel
DATE: September 29 , 1986
SUBJECT: Contra Costa Mosquito Abatement District
Conflict of Interest Code
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
Recommended Action:
APPROVE the Contra Costa Mosquito Abatement District Conflict of Interest
Code. The Code is effective on the date it is approved by the Board of
Supervisors. (Govt.C. §87303.)
Background.
The Contra Costa Mosquito Abatement District has adopted the attached code
and submitted it for approval pursuant to Government Code Section 87303.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON _Sept _r 10., 19R6 APPROVED AS RECOMMENDED X_ OTHER
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TARN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: County Counsel ATTESTED _ Sent-ember 30 ,--1-98-.6
County Administrator PHIL BATCHELOR, CLERK OF THE BOARD OF
Contra Costa Mosquito Abatement SUPERVISORS AND COUNTY ADMINISTRATOR
District �n� ) /
M382/1-83 13Y 1/.�X.CV�-��-�/ .DEPUTY
CONFLICT OF INTEREST CODE
{
OF THE CONTRA COSTA MOSQUITO ABATEMENT DISTRICT
SECTION 100. Purpose. Pursuant to the provisions of
Government Code Sections 87300, et seq. , the Contra Costa
Mosquito Abatement 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
et seq. ). The provisions of this Code are additional to
Government Code Section 87100 et. seq. and other laws
pertaining to conflicts of interest. Except as otherwise
indicated, the definitions of said Act and regulations
adopted pursuant thereto are incorporated herein and this
Code shall be interpreted in a manner consistent therewith.
SECTION 200. Designated Positions. The positions on
Exhibit "A" are designated positions. Officers and
employees holding those 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.
SECTION 300 Disclosure Statements . Designated positions
shall be assigned to one or more of the disclosure
categories set forth on Exhibit "B". Each designated
employee shall file an annual statement disclosing that
employee' s interest in investments, real property, and
income, designated as reportable under the category to
which the employee' s position . is assigned.
SECTION 400. Place and Time of Filing.
(a) All designated employees required to submit a
statement of financial interests shall file the original
with the District Manager.
(b) In the case of agency heads and the members of the
boards and commissions, the District Manager shall make and
retain a copy and forward the original to the Clerk of the
Board of Supervisors.
(c) All designated employees employed by the agency on the
effective date of this Code, as originally adopted,
promulgated and approved by the code reviewing body, shall
file 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. Employees appointed,
promoted or transferred to designated positions shall file
initial statements within 30 days after date of employment.
(d) Annual statements shall be filed during the month of
February by all designated 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 position.
(c) 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 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;
(4 ) A statement whether the fair market value of
the investment, or interest in real property, equals or
exceeds one thousand dollars ($1, 000 ), ten thousand dollars
($10,000 ), or 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 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 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;
(5 ) In the case of a loan, the annual interest
rate and the security if any, given for the loan.
(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
activity of the business entity;
(2 ) The name of every person from whom the
business entity received payments of 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(d),
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.
t .
SECTION 600. Disqualification. Designated employees
must disqualify themselves from making or participating in
the making of or using their official position to influence
the making of .any decisions in which they have a a
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.
EXHIBIT A .
Designated Positions Disclosure Categories
Member-Board of Trustees 1 & 2
District Manager 1, 2 & 3
Field Superintendent 1, 2 & 3
EXHIBIT B
DISCLOSURE CATEGORIES
General Rule. -
An
ule. -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
the source of income may foreseeably be affected materially
by any -decision made or participated in by the designated
employee by virtue of the employee' s position.
Designated Employees in Category 1 must report
All investments in real property, 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 Contra Costa Mosquito Abatement 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 Contra Costa
Mosquito Abatement District to provide services, supplies,
materials, machinery, or equipment :Eo 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 within the last two years
contracted, or foreseeably may contract, with Contra Costa
Mosquito Abatement District to provide services, supplies,
materials, machinery or equipment which are related to the
following areas:
(A) Building and Grounds Material, Equipment, Services
and Supplies.
(B) Clothing and Personal Equipment, Service &
Supplies
(C) Communications Equipment, Service & Supplies
(D) Laboratory Equipment, Service & Supplies
(F) Motor Vehicle Equipment, Service & Supplies
(G) Public Education Equipment, Material, Service &
Supplies
(H) Office Equipment, Service & Supplies
(I) Real Property within the District
(J) Spraying Equipment, Service & Supplies
�il