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HomeMy WebLinkAboutMINUTES - 02102015 - HA C.04RECOMMENDATIONS APPROVE amendments to the Housing Authority's Conflict of Interest Code, and DIRECT the Executive Director to submit the amended code to the Contra Costa County Board of Supervisors for approval. BACKGROUND The Housing Authority Executive Director is proposing amendments to the Housing Authority's Conflict of Interest Code (Code) in order to comply with current legal requirements under the Political Reform Act and regulations of the Fair Political Practices Commission (FPPC). The amended Code incorporates the FPPC's model conflict of interest code, and any future revisions to that code. The list of designated positions (Exhibit A) in the Code also has been revised to remove old positions and add new positions. Finally, the disclosure categories (Exhibit B) in the Code have been revised. These amendments to the Code are shown in the attached redline version of the amended Code. A final version of the amended Code also is attached. It is recommended that the Board of Commissioners approve the attached amended Code. If the amended Code is approved, it will be submitted to the Contra Costa County Board of Supervisors for final approval, in accordance with Government Code section 87303. FISCAL IMPACT None. Action of Board On: 02/10/2015 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF COMMISSIONERS AYE:John Gioia, Commissioner Candace Andersen, Commissioner Mary N. Piepho, Commissioner Karen Mitchoff, Commissioner Federal D. Glover, Commissioner Aqueela Bowie, Commissioner ABSENT:Fay Nathaniel, Commissioner Contact: 925-957-8028 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: February 10, 2015 Joseph Villarreal, Executive Director By: June McHuen, Deputy cc: C.4 To:Contra Costa County Housing Authority Board of Commissioners From:Joseph Villarreal, Housing Authority Date:February 10, 2015 Contra Costa County Subject:Update to the Conflict of Interest Code CONSEQUENCE OF NEGATIVE ACTION Should the Board not approve this item, the Housing Authority's Conflict of Interest Code will not be consistent with current legal requirements. CLERK'S ADDENDUM ATTACHMENTS COI Redline Copy COI Clean Copy CONFLICT OF INTEREST CODE OF THE HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA Approved February __, 2015, by the Board of Commissioners of the Housing Authority of the County of Contra Costa Approved March __, 2015, by the Contra Costa County Board of Supervisors CONFLICT OF INTEREST CODE OF THE HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA The Political Reform Act of 1974, Government Code section 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, section 18730 of Title 2 of the California Code of Regulations, which 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 section 18730 of Title 2 of the California Code of Regulations, and any amendments to it duly adopted by the Fair Political Practices Commission, are hereby incorporated by reference. This regulation, and the attached appendices of designated positions and disclosure categories, shall constitute the Conflict of Interest Code of the Housing Authority of the County of Contra Costa (“Authority”). Persons holding designated positions shall file their statements of economic interests with the Secretary of the Board of Commissioners of the Authority, which shall be the filing officer. EXHIBIT A DESIGNATED POSITIONS Designated Positions Disclosure Categories Board of Commissioners Commissioners 1 & 2 Agency Personnel Executive Director 1 & 2 Assistant County Counsel Regularly Assigned 1 & 2 Administrative Services Officer 1 & 2 Director of Information Technology 1 & 2 Internal Auditor 1 & 2 Director of Finance 1 & 2 Deputy Executive Director for Housing Operations 1 & 2 Director of Development 1 & 2 Director of Assisted Housing Programs 1 & 2 Director of Asset Management 1 & 2 Director of General Services 1 & 2 Financial Analyst 1 & 2 Accounting Supervisor 1 & 2 Human Resources & Training Officer 1 & 2 Purchasing Agent 1 & 2 Housing Manager 1 & 2 Asset Manager 1 & 2 Housing Services Counselor 1 & 2 Housing Development Officer 1 & 2 Housing Technical Officer 1 & 2 Housing Rehabilitation Officer 1 & 2 Program Analyst 1 & 2 Consultants/New Positions* 1& 2 * The Executive Director may determine in writing that a consultant is hired to perform a range of duties that is limited in scope and therefore is not required to comply with the disclosure requirements. The written determination is a public record and the Executive Director shall retain the determination for public inspection. EXHIBIT B DISCLOSURE CATEGORIES Persons holding designated positions in Disclosure Category “1” must report: All investments, interests in real property, business positions, sources of income, including gifts, loans, and travel payments, and any business entity in which the employee is a director, officer, partner, trustee, employee, or holds any position of management. These financial interests are reportable only if located within Contra Costa County or if the business entity is doing business or plans to do business in the County (and such plans are known by the person holding a designated position), or if the business entity has done business within the County at any time during the two years prior to the filing of the statement. Persons holding designated positions in Disclosure Category “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 that has, within the last two years, contracted, or foreseeably may contract with the Housing Authority of the County of Contra Costa, or with any public agency within Contra Costa County, to provide services, supplies, materials, machinery, or equipment to either party. CONFLICT OF INTEREST CODE OF THE HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA Approved February __, 2015, by the Board of Commissioners of the Housing Authority of the County of Contra Costa Approved March __, 2015, by the Contra Costa County Board of Supervisors CONFLICT OF INTEREST CODE OF THE HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA The Political Reform Act of 1974, Government Code section 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, section 18730 of Title 2 of the California Code of Regulations, which 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 section 18730 of Title 2 of the California Code of Regulations, and any amendments to it duly adopted by the Fair Political Practices Commission, are hereby incorporated by reference. This regulation, and the attached appendices of designated positions and disclosure categories, shall constitute the Conflict of Interest Code of the Housing Authority of the County of Contra Costa (“Authority”). Persons holding designated positions shall file their statements of economic interests with the Secretary of the Board of Commissioners of the Authority, which shall be the filing officer. EXHIBIT A DESIGNATED POSITIONS Designated Positions Disclosure Categories Board of Commissioners Commissioners 1 & 2 Agency Personnel Executive Director 1 & 2 Assistant County Counsel Regularly Assigned 1 & 2 Administrative Services Officer 1 & 2 Director of Information Technology 1 & 2 Internal Auditor 1 & 2 Director of Finance 1 & 2 Deputy Executive Director for Housing Operations 1 & 2 Director of Development 1 & 2 Director of Assisted Housing Programs 1 & 2 Director of Managed Housing Programs 1 & 2 Director of Asset Management 1 & 2 Director of General Services 1 & 2 Director of Facilities Management 1 & 2 Financial Analyst 1 & 2 Accounting Supervisor 1 & 2 Human Resources & Training Officer 1 & 2 Purchasing Agent 1 & 2 Housing Manager 1 & 2 Maintenance Supervisors 2 Maintenance Manager 1 & 2 Asset Manager 1 & 2 Housing Services Counselor 1 & 2 Housing Development Officer 1 & 2 Housing Technical Officer 1 & 2 Housing Rehabilitation Officer 1 & 2 Program Analyst 1 & 2 Consultants/New Positions* 1& 2 * The Authority Executive Director may determine in writing that a consultant is hired to perform a range of duties that is limited in scope and therefore is not required to comply with the disclosure requirements. The written determination is a public record and the Executive Director shall retain the determination for public inspection. EXHIBIT B DISCLOSURE CATEGORIES Designated Employees in GroupPersons holding designated positions in Disclosure Category “1” must report: All investments, interests in real property, business positions, sources ofincome, including gifts, loans, and travel payments,and any business entity in which the employee is a director, officer, partner, trustee, employee, or holds any position of management.These financial interests are reportable only if located within Contra Costa County or if the business entity is doing business or planning to do business in the County (and such plans are known by the person holding a designated position), or if the business entity has done business within the County at any time during the two years prior to the filing of the statement. Designated Employees in Persons holding designated positions in Disclosure Category “2” must report: Investments in any business entity, andincome 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 in the future foreseeably may contract with the Housing Authority of the County of Contra Costa, or with any public agency within Contra Costa County, to provide services, supplies, materials, machinery, or equipment to either party.