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HomeMy WebLinkAboutMINUTES - 02131990 - 1.62 BOARD OF SUPERVISORS FROM: Victor J. Westman, County Counsel by: Mary Ann McNett, Deputy County Counsel , sta ., t}�r CV DATE: January 30, 1990 CJ,A, •�„ SUBJECT: Contra Costa Transportation Authority Conflict of Interest �,JJff ������// Code SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION Revise the attached Conflict of Interest Code adopted by the Contra Costa Transportation Authority on July 19, 1989 as follows . Delete section 300(b) . Substitute new section 300(b) to read: Designated positions shall be assigned to one or more of the disclosure categories set forth in Exhibit "B" . With the exception of those designated employees who are exempt pursuant to subsection (a) , each designated employee shall file an annual statement disclosing that employee's interest in investments, real property, business positions, and income, designated as reportable under the category to which the employee's position is assigned. Delete section 500(d) . Substitute new section 500 (d) to read: (d) Contents of Business Position Reports: When business positions are required to be reported, designated employees shall list the name of each business entity in which they are a director, officer, partner, trustee, .l employee, or in which they hold any position of management, a description of the business activity in which the business entity is engaged and their position with the business entity. CONTINUED ON ATTACHMENT: X YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON February _ , APPROVED AS RECOMMENDED _._ OTHER VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS (ABSENT - - - AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. cc: CC Transportation Authority ATTESTED February 13 , 1990 County COUnSel PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR M382/7-83 BY �. --�'��- .DEPUTY Delete section 500(e) . Substitute new section 500(e) to read: (e) Initial Statement The initial statement filed by a designated employee employed on the effective date of this code shall disclose investments, business positions and interests in real property held on the effective date of this code and income received during the 12 months before the effective date of the code. Thereafter, employees appointed to a designated position shall disclose any reportable investments, business positions, and interests in real property held on, and income received during the 12 months before, the date of appointment. APPROVE the attached Conflict of Interest Code as revised. Background: The governing board of the Contra Costa Transportation Authority has adopted the attached Conflict of Interest Code and submitted it to the board for approval pursuant to Government Code section 87303. M monflict.rev CONTRA COSTA TRANSPORTATION AUTHORITY Transportation Authority For: Antioch Brentwood Clayton Concord Danville EI Cerrito Hercules Lafayette Marlines Moraaa Orinda Pinole Pittsburc Pleasant Hill Richmond San Pablo San Ramon Walnut Creek Contra Costa County CONFLICT OF INTEREST CODE OF THE CONTRA COSTA TRANSPORTATION AUTHORITY SECTION 100. Purpose. Pursuant to the provisions of Government Code sections 87300, et seq. , the Contra Costa Transportation Authority, 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 § 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 listed 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. (a) 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 covered by this Code for disqualification purposes only. (b) Designated positions shall be assigned to one or more of the disclosure . categories set forth on Exhibit "B". With the exception of those designated employees who are exempt pursuant to subsection (a) , each designated employee shall file an annual statement disclosing that employee's interest in investments, business positions, 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 Secretary to the Contra Costa Transportation Authority. (b) In the case of agency heads and the members of the boards and commissions, the Secretary to the Contra Costa Transportation Authority shall make and retain a copy and forward the original to the Clerk of the Board of Supervisors. CCTA Conflict of Interest Code (cont'd) 1 COMMISSIONERS: Chair,Sharon J. Brown. Vice Chair,Taylor Davis.Cathryn Freitas, Ann Hall, Beverly Lane, Sunne W. McPeak, Ronald K. Mullin, Evelyn Munn, Tom Posen. Tom Torlakson. Avon Wilson I Executive Director, Robert K. McCleary 2702 Clayton Road, Suite 202 Concord, CA 94519 (415) 687-2282 FAX 0 (415) 687-3700 (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. (e) A designated employee required to file a statement of financial interest under any other agency's conflict of interest code, or under Article 2 of Chapter 7 of the Political Reform Act for a jurisdiction contained within the territorial jurisdiction of this agency may comply with the provisions of this Code by filing a duplicate copy of that statement and an expanded statement which covers reportable interests in that portion of this agency's jurisdiction which differs from the jurisdiction described in the other statement. 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) but does not exceed ten thousand dollars ($10,000) , whether it exceeds ten thousand dollars ($10,000) but does not exceed on hundred thousand dollars ($100,000), or whether it exceeds one hundred thousand dollars ($100,000) . This information need not be provided with respect to an interest in real property which is the principal residence of the filer or any other property which the filer utilizes exclusively as the personal residence of the filer. OCTA Conflict of Interest -Code (cont'd) 2 (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, 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); (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 of the business activity of the business entity; (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. CCTA Conflict of Interest Code (cont'd) 3 (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(4), 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 or participating in the making of or using their official position to influence the making of any decisions in which they have 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. CCTA Conflict of Interest Code (cont'd) 4 EXHIBIT 'A" Designated Positions Disclosure Category Commissioners (11) 1 & 2 All Conxnissioner's Alternates (11) 1 & 2 Executive Director (1) 1 & 2 CCTA Conflict of Interest Code (cont'd) 5 EXHIBIT "B" Disclosure Categories 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 of participated in by the designated employee by virtue of the employee's position. 1. Designated Employees in Group "1" must report: All investments, interests in real property and 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 County or if the business entity is doing business or planning to do business in the County (and such plans are known by the designated employee) or has done business within the County at any time during the two years prior to the filing of the statement. 2. Designated Employees in Group "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, within the last two years, has contracted, or in the future foreseeably may contract with the Contra Costa Transportation Authority to provide services, supplies, materials, machinery or equipment to the Authority. dsp(7.12.89) dpAuth5:Conflict.Drft CCTA Conflict of Interest Code (cont'd) 6 i