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Home My WebLink AboutMINUTES - 09152015 - C.88RECOMMENDATION(S): Approve amendments to Acalanes Union High School District Conflict of Interest Code to substitute the attached as said code. FISCAL IMPACT: None. BACKGROUND: Acalanes Union High School District has amended its Conflict of Interest Code and submitted the amended code to the Board for approval pursuant to Government Code Section 87306 and 87306.5. The District amended its list of Designated Positions in its Conflict of Interest Code to include new positions and delete old positions. A red-line version of the District's amended Conflict of Interest code is attached as Exhibit A. The Final version of the Amended Conflict of Interest Code is attached as Exhibit B. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/15/2015 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Mary N. Piepho, District III Supervisor Federal D. Glover, District V Supervisor Contact: Cynthia A. Schwerin, Deputy County Counsel, (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: September 15, 2015 David Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Cynthia A. Schwerin, Deputy County Counsel, David Twa, County Administrator, Jill Ramsay, Executive Assistant to the Superintendent, AUHSD C. 88 To:Board of Supervisors From:Sharon L. Anderson, County Counsel Date:September 15, 2015 Contra Costa County Subject:Conflict of Interest Code for Acalanes Union High School District ATTACHMENTS Exhibit A Exhibit B Acalanes Union High School District Conflict of Interest Resolution No. 15-16-05 APPENDIX Disclosure Categories 1. Category 1: A person designated Category 1 shall disclose: a. Interests in real property located entirely or partly within district boundaries, or within two miles of district boundaries, or of any land owned or used by the district. b. Investments or business positions in or income from sources which are engaged in the acquisition or disposal of real property within the district, are contractors or subcontractors which are or have been within the past two years engaged in work or services of the type used by the district, or manufacture or sell supplies, books, machinery, or equipment of the type used by the district. 2. Category 2: A person designated Category 2 shall disclose: a. Investments or business positions in or income from sources which are contractors or subcontractors engaged in work or services of the type used by the department which the designated person manages or directs. b. Investments or business positions in or income from sources which manufacture or sell supplies, books, machinery, or equipment of the type used by the department which the designated person manages or directs. For the purposes of this category, a principal's department is his/her entire school. 3. Full Disclosure: Because it has been determined that the district's Board members and/or Superintendent "manage public investments," they and other persons designated for "full disclosure" shall disclose, in accordance with Government Code 87200: a. Interests in real property located entirely or partly within district boundaries, or within two miles of district boundaries, or of any land owned or used by the district. b. Investments, business positions, and sources of income, including gifts, loans, and travel payments. Acalanes Union High School District Conflict of Interest Resolution No. 15-16-05 APPENDIX Designated Position and Disclosure Category Designated Position Category Governing Board Members 1 Superintendent of Schools 1 Associate Superintendent, Administrative Services 1 Associate Superintendent, Educational Services 1 Chief Business Official 1 Purchasing Specialist 1 Director of Special Education & Auxiliary Services 2 Director of Del Valle Education Center 2 Director of Fiscal Services 2 Principal 2 Associate Principal 2 Director of Food & Custodial Services 2 Director of Facilities, Building, Grounds & Transportation 2 Director of Information and Technology 2 Director of Facilities and Construction 2 Coordinator, Del Valle Education Center 2 Coordinator of Aquatics 2 Disclosures for Consultants Consultants are designated employees who must disclose financial interests as determined on a case-by-case basis by the Superintendent or designee. The Superintendent or designee's written determination shall include a description of the consultant's duties and a statement of the extent of disclosure requirements based upon that description. All such determinations are public records and shall be retained for public inspection along with this conflict of interest code. A consultant is an individual who, pursuant to a contract with the district, makes a governmental decision whether to: (2 CCR 18701) 1. Approve a rate, rule, or regulation 2. Adopt or enforce a law 3. Issue, deny, suspend, or revoke a permit, license, application, certificate, approval, order, or similar authorization or entitlement Acalanes Union High School District Conflict of Interest Resolution No. 15-16-05 APPENDIX 4. Authorize the district to enter into, modify, or renew a contract that requires district approval 5. Grant district approval to a contract that requires district approval and in which the district is a party, or to the specifications for such a contract 6. Grant district approval to a plan, design, report, study, or similar item 7. Adopt or grant district approval of district policies, standards, or guidelines A consultant is also an individual who, pursuant to a contract with the district, serves in a staff capacity with the district and in that capacity participates in making a governmental decision as defined in 2 CCR 18702.2 or performs the same or substantially all the same duties for the district that would otherwise be performed by an individual holding a position specified in the district's conflict of interest code. (2 CCR 18701)