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HomeMy WebLinkAboutMINUTES - 01191988 - 1.58 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on January 19 , 1988 by the following vote: , AYES: Supervisors Powers , Fanden, Torlakson, McPeak, Schroder . NOES: None . ABSENT: None. ABSTAIN: None . SUBJECT: Adoption of Conflict of ) Interest Code for Oakley ) Municipal Advisory Council ) This Board having established the Oakley Municipal Advisory Council in 1983 and said Council having continued since that time as a local agency authorized by Government Code section 31010 , this Board hereby- DESIGNATES the Oakley Municipal Advisory Council as a local agency required to adopt a local Conflict of Interest Code. The Board further ADOPTS as the Conflict of Interest Code for the Oakley Municipal Advisory Council, 2 Cal.Adm. Code Section 18730 , incorporated herein by reference , and containing the terms of a Standard model Conflict of Interest Code, a copy of which is attached hereto along with attached Appendices A & B designating the positions requiring disclosure and formulating disclosure categories . Pursuant to Section 4 of the Standard Code the designated council members are INSTRUCTED to file Statements of economic interests with the Executive Secretary, Community Development Department within thirty days after the date of adoption of this Code and thereafter as required therein. I hereby certify that this Is a true and correct copy of an action taken and entered on the minutes of the Board of Supery ors on the date shown. ATTESTED: Z2 41 88 PHIL BA HELOR, Clerk of the f3oard Of Supervisors and County Administrator By De ut - P Y Orig. Dept.: cc: County Administrator County Counsel Oakley Municipal Advisory Council TITLE 2 FAIR POLITICAL PRACTICES COMMISSION. § 18730 (Register 87, No. W-4-M87) (p. 334.5) 18730. Provisions of Conflict of Interest Codes. (a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a Conflict of Interest Code within the meaning of Government Code Section 87300 or the amendment of:a Conflict of Interest Code.within the meaning of Government Code SecFon 87307 if the terms of this regulation are substituted for terms of a Conflict of Interest Code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of Article 2 of Chapter 7 of the Political Reform Act, Government Code Sections 81000, et seq. The requirements of a Conflict of Interest Code are in addition to other require- ments of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Government Code Section 87100, and to other state or local laws pertaining to conflicts of interest. (b) The terms of a Conflict of Interest Code amended or adopted and pro- mulgated pursuant to this regulation are as follows: (1) Section 1. Definitions. The definitions contained in the Political Re- form Act of 1974, regulations of the'Fair Political Practices Commission (2 Cal. Adm. Code Sections 18100 et seq.), and any amendments to the Act or regula- tions, are incorporated by reference into this Conflict of Interest Code. (2) Section 2. Designated Employees. The persons holding positions list- ed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may fore- seeably have a material effect on financial interests. (3) Section 3. Disclosure Categories. This Code does not establish any disclosure obligation for those designated employees who are also specified in Government Code Section 87200 if they are designated in this Code-in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their financial interests pursuant to Article 2 of Chapter 7 of the 'Political Reform Act, Government Code Sections 87200, et seq. Such persons are cov- ered by this Code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix spec- ify which kinds of financial interests are reportable. Such a designated em- ployee shall disclose in his or her statement of economic interests those financial interests he or she has which are of the kind described in the disclosure catego- ries to which he of she is assigned in the Appendix. It has been determined that the financial interests set forth in a designated employee's disclosure categories are the kinds of financial interests which he or she foreseeably can affect materially through the conduct of his or her office. Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under Article 2 for a different jurisdiction,may expand their statement of economic interests to cover reportable inter- ests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Government Code Section 81004. 1 § 18730 FAIR POLITICAL PRACTICES COMMISSION TITLE 2 (p. 334.6) (Register 87, No. 1s--a-18-87) (4) Section 4. Statement of Economic Interests: Place of Filing. The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of inter- est code.2. (5) Section 5. Statement of Economic Interests: Time of Filing. (A) Initial Statements. All designated empliyees employed by the agency on the effective date of this Code, as originally adopted, promulgate 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. (B) Assuming Office Statements. All persons assuming designated posi- tions after the effective date of this Code shall file statements within thirty days after assuming the designated positions, or if subject to State Senate confirma- tion, thirty days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April 1. (D) Leaving Office Statements. All persons who leave designated positions shall file statements within thirty days after leaving office. (6)` Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements. Initial statements shall disclose any re- portable investments, interests in real property and business positions held on the effective date of the Code. (B) Contents of Assuming Office Statements. Assuming office statements shall disclose any reportable investments,interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination. (C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business posi- tions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the Code or the date of assuming office whichever is later. (D) Contents of Leaving Office Statements. Leaving office statements ) shall disclose reportable investments, interests in.real property, income and 'business positions held or received during the period between the closing date of the last statement filed and the date of leaving office. (7) Section 7. Manner of Reporting. Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information: 'See Government Code Section 81010 and 2 Cal.Adm.Code Section 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. /J TITLE 2 FAIR POLITICAL PRACTICES COMMISSION § 18730 (Register 87, No.,16-418-87) (p. 334.7) (A) Investment and Real Property Disclosure. When an investment or an interest in real property 3 is required to be reported,4 the statement shall con- tain the following: 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 one thousand dollars ($1,000), exceeds ten thousand. dollars ($10,000), or exceeds one hundred thousand dollars ($100,000). (B) Personal Income Disclosure. When personal income is required to be reported,5 the statement shall contain: 1. The name and address of each source of income aggregating two hundred 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. 2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source,was one thousand dollars ($1,000) or less, greater than one thousand dollars. ($1,000), or greater than ten thousand dollars ($10,000); 3. A description of the consideration, if any, for which the income was re- ceived; 4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made;a description of the gift; the amount or value of the gift; 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) Business Entity Income Disclosure. 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 of the business activity of the business entity; s For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer. 4 Investments and interests in real property which have a fair market value of less than $1,000 are not investments and interests in real property within the meaning of the Political Reform Act. However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater. 5 A designated employee's income includes his or her community property interest in the income of his or her spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. 6 income of a business entity is reportable if the direct, indirect or beneficial interest '. of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure catego- ries of the filer. § 18730 FAIR POLITICAL PRACTICES COMMISSION - 'TI'T'LE 2 (p. 334.8) (Register 87, No. 16-4-1987) 2. The name of every person from whom the business entity received pay- ments if the filer's pro rata share of gross receipts from such person was equal to or greater than ten thousand dollars ($10,000). (D) Business Position Disclosure., When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which he or she is a director, officer,_partner, trustee, em- ployee, or in which he or she holds any position of management, a description of the business activity in which the business entity is engaged, and the desig- nated employee's position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal. (8) Section 8. Disqualification. No designated employee shall make, par- ticipate in making, or in any way attempt to use his or her official position to influence the making of any governmental decision which he or she knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on: . (A) Any business entity in which the designated employee has a direct or indirect investment worth one thousand dollars ($1,000) or more; (B) Any real property in which the designated employee has a direct or indirect interest worth one thousand dollars ($1,000) or more; (C) Any source of income, other than gifts and other than loans by a com- mercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating two hundred fifty dollars ($250) or more in value provided to, received by or promised to the designated employee within twelve months prior to the time when the decision is made; (D) Any business entity in which the designated 'employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $250 or more in value provided to; received by, or promised to the designated employee within 12 months prior to the time when the decision is made. No designated employee shall be prevented from making or participating in the making of any decision to the extent his or her participation is legally required for the decision to be made. The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make his or her participation legally required for purposes of this section. (8.5) Section 8.5. Disqualification of State Officers and Employees. In ad— dition to the general disqualification provisions of Section 8,no state administra- tive official shall make, participate in making, or use his or her official position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of his or her immediate family has, within 12 months prior to the time when the official action is to be taken: (A) Engaged in a business transaction or transactions on terms not available to members of the public,regarding any investment or interest in real property; or . TITLE 2 FAIR POLITICAL PRACTICES COMMISSION § 18732 (Register 87, No. 16-4-18-87) (p. 334.9) (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value one thousand dollars ($1,000) or more. . (9) Section 9. Manner of Disqualification. When a designated employee determines that he or she should not make a governmental decision because he or she has a disqualifying interest in it, the determination not to act must be accompanied by disclosure of the disqualifying interest. In the case of a voting body, this determination and disclosure shall be made part of the agen- cy's official record; in the case of a designated employee who is the head of an agency, this determination and disclosure shall be made in writing to his or her appointing authority;and in the case of other designated employees, this deter- mination and disclosure shall be made in writing to the designated employee's supervisor. (10) Section 10. Assistance of the Commission and Counsel. Any desig- nated employee who is unsure of his or her duties under this Code may request assistance from the Fair Political Practices Commission pursuant to Govern- ment Code Section 83114 or from the attorney for his or her agency, provided . that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. (11) Section 11. Violations. This Code has the force and effect of law. Designated employees violating any provision of this Code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Government Code Sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this Code or of Govern- ment Code Section 87100 or 87450 has occurred may be set aside as void pursu- ant to Government Code Section 91003. NOTE: Authority cited: Section 83112, Government Code. Reference: Sections 87300- 87302, Government Code. APPENDIX A Designated Positions Disclosure Categories Council Members 1 and 2 APPENDIX B Disclosure Categories Category No. 1 Persons in this category must report all interests in real property located wholly or part within the boundaries of the Oakley Planning Area in Contra Costa County. Category No. 2 Persons in this category must report all investments , 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 the Oakley Planning Area in Contra Costa County or if the business entity is doing business or planning to do business in the Oakley Planning Area in Contra Costa County (and such plans are known by the designated employee) or has done business within the Oakley Planning Area in Contra Costa County at any time during the two years prior to the filing of the statement. For the purposes of the foregoing disclosure categories , the Oakley Planning Area means the area of the Oakley Community delineated as Exhibit A to Board of Supervisors ' Resolution No. 83/1106.