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HomeMy WebLinkAboutMINUTES - 10181988 - 1.45 r. Tq: BOARD OF SUPERVISORS FROM: Victor J. Westman, County Counsel Centra By: Mary Ann McNett, Deputy County Counsel CxJJICI DATE: October 10, 1988 COJ SUBJECT: Stege Sanitary District Conflict of Interest Code SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION Recommended Action: Revise the attached Conflict of Interest Code to delete section 400 subsections (d) and (e) . Reletter section 400 subsection (f ) as subsection (d) . Reletter section 400 subsection (g) as subsection (e) . In section 500 subsection (f ) , replace the reference to section 400(e) with a reference to section 400(d) . Approve the attached Conflict of Interest Code as revised and- substitute that code for the existing Stege Sanitary District Conflict of Interest Code. Background: The Board of Directors of the Stege Sanitary District adopted the attached code and has submitted it for approval , pursuant to Government Code section 87303. In the attached code, the District incorporated all general amendments to conflict of interest codes passed by the Board of Supervisors since 1976 . The District's code includes provisions from the December 19, 1978 general amendment which were superseded by the January 6, 1981 General Amendment. The above-recommended revisions would remove those provisions which were superseded by the January 6, 1981 amendment. CONTINUED ON ATTACHMENT: YES SIGNATURE: _ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE S : ACTION OF BOARD ON Octob e.r , 19 APPROVED AS RECOMMENDED X' OTHER VOTE OF SUPERVISORS I 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 Administrator ATTESTED _ October 18, 19_8_8 _ County Counsel PHIL BATCHELOR, CLERK OF THE BOARD OF Stege Sanitary District. �, SUPERVISORS AND COUNTY ADMINISTRATOR v BY �. ,DEPUTY M382/7-83 - . "APPENDIX A" At9ENDE0 CONFLICT OF INTEREST CODE OF THE STEGE SANITARY DISTRICT SECTION 100. Purpose. pursuant to the provisions of Government code Sections 87300, et seq., the Board of Directors of Stege Sanitary District hereby adopts the following Conflict of Interest Code. Nothing contained herein is intended to modify or ahridge the provisions of the Political Reform Acl: of 1.974 (Government Code Section 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 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 listed on Exhibit "A" are designated positiions. Officers and employees holding those positions are designated employees and are deemed to make, or participate in the making of, decisions which may forseeahly have a material effect on a financial interest. SECTION 300. Amended by County Resolution dated July 2, 1988. Disclosure Statements. Designated positions shall he assigned to one or more of the disclosure categories set forth in Exhibit "B". Each designated employee shall file an annual statement disclosing that employee's interest in investments, business positions, real properly, 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 requ-ire_d to submit a statement of financial interest shall file the original with the Secretary of the Board of Directors. (b) In the case of agency heads an(.] the members of hoards and commissions, the Secretary of the Board of Directors shall make and retain a copy of each statement and forward the original to the County Clerk of Contra Costa County. (c) Amended by County Resolution dated January 6, 1981. Beginning January 1 , 1981, all designated employees shall file initial statements within 30 days after assuming the designated position or if subject: to State Senate confirmation, thirty days after being appointed or nominated. Each person already holding a position when -it is first designated by an ' . - , . , . amendment to 0 local Cndp shal7 file an initial statement within JO days after the effective date n[ the amendment, (d) Hew employePs elected or appointed to designated positions shall file initial statements not less than lD days before ds5uminq nffice, unless an earlier assumption of office is required by emergency circum-,Lanres^ in which case the, statement -,hall be filed within ]O days L11erp0[ter, (e) Amended County Resolution dated December 19, 1978Al non-C.iv1l 3erviCp employees appointed, promoLpd or transferred to (Jos ignated Vosi -ions shall file initial statements not less than lO days after assvminq o[ficf?, (f) Annual statements shall he filed during the month of February by all dpsignated employees. Such statements shall cover the period of the VrpCeJing calendar year, Closing statements shall he filed within 30 day-, of leaving a designated position. Such statements, shall cover the period from the closing date of Lhe last-. 3[atpm8nt filed to the (late of leaving ihe position. (q) 8 designated employee required to file J s[aLeme» L of financial interest with any other agency, which is within the same 1.prriLorial jurisdiction, may rom0ly 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 dnCumenL. SECTION 500. Contents of Disclosure Statements. � Disclosure StaLpm9nts shall be made on forms supplied by the Clerk of Contra Costa County, and shall c0ntain ' H`e following information: (d} Contents of Investment and Real Property Reports: When an investment, or on interest in real property is required to he reported, the statement shall contain: (1) 8 SLaLe|nenL of the nature of the investment or interest; (Z) The name of the business enLiLy in which each investment is h9lU, and 0 general description of the business activity in which the business entity is pngaged; (3) Thp address or other precise location of tho real |>rnVerLv; ' (4) Amended by County Resolution dated July 2, 1988. A statement whether the fair market value of the investment or interest in real property equals or (,xcPP_ds one thousand dollars ($1,000) but does not: exceed ten thousand dollars ($10,000) , whether it exceeds ten thousand dollars ($10,000) but does not exceed one hundred thousand dollars ($100,000), or whether it exceeds one hundred thousand dollars ($100,000). This information need not he provided with respect to an interest: -in real property which is the principal residence of the filer or any other property which the f i ler uti IizPs exclusively as the personal residence of the filer. (h) Contents of Personal Income Reports: When personal income is required to be reported, the statement shall contain: (1 ) Amended by County Resolution dated July 16, 1983. The name and address of each source of income aggregating fifty dollars ($50) or more in value if the income was a gift, and a general description, if any, of f;hesource. (2) Amended by County Resolution dated July 2, 1988. 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 at least two hundred fifty dollars ($250) but did not exceed one thousand dollars ($1 ,000) , whether it was in excess of one thousand dollars ($1 ,000) but was not greater than ten thousand dollars ($10,000), or whether it was greater than ten thousand dollars ($10,000); in the case of a loan, the statement sha 11 contain the annual interest rate and the security, if any, given for the loan. (3) A description of the consideration, if any, for which the income was received; (4) In case, of a (jiff, the amounl: and the date oil which the gift was received. (5) Amended by County Resolution dated December 19, 1978. Reginning on January 1 , 1979, in the case of a gift receivPd through an intermediary, the name, address, and business activity of both the donor and the intermediary must he disclosed. (c) ConLents of Business Entity Income Reports: When income of a business entity, including income of a sole proprietorship, is required to he reported, the statement shall contain: (1 ) The name, address, and a general description of the business activity of the business entity: (2) 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); (3 ) 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 (e), 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. SECTION 600. Disqualification. Designated employees must disqualify themselves from making of any decisions in which they have a reportable financial interest, when it is reasonably foreseeable that such interest may he 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 Category Members of Board of Directors 1 & 2 Executive Secretary 1 & 2 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 any decision made or participated in by the designated employee by virtue of the employee's position. Designated Employees in Category "I " must report: All investments , interests 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 Stege Sanitary 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 many 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 Stege Sanitary District to provide services, supplies, materials, machinery, or equipment to such District.