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Home My WebLink AboutMINUTES - 10021990 - IO.8 .. - I .O.-8 To: BOARD OF SUPERVISORS SE ` Contra Internal Operations Committee C FROM: Costa n. ;$ ��• =1_11 - County DATE: September 20, 199O ��rrl coun�i cr SUBJECT: Proposed Response to the Report of the 1989-90 Grand Jury: \- "Financial Contributions to Contra Costa County" SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Adopt this report of our Committee as the Board of Supervisors' response to the Report of the 1989-90 Grand Jury: "Financial Contributions to Contra Costa County." 2. Remove this item as a referral to our Committee. BACKGROUND On June 22, 1990 the 1989-90 Grand Jury submitted the report entitled "Financial Contributions to Contra Costa County" which was subsequently referred to the Internal Operations Committee. On September 20, 1990 our Committee met to discuss the recommendations and review proposed responses. At the conclusion of these discussions we prepared the attached response utilizing a format suggested by a previous Grand Jury which requested that responses clearly specify: A. Whether the recommendation is accepted or adopted; B. If the recommendation is accepted, a statement as to who will be responsible for implementation and a definite target date; C.. A delineation of constraints if a recommendation is accepted but cannot be implemented within the calendar year; and D. The reason for not adopting a recommendation. Responses to Grand Jury recommendations coming from our Committee will follow this format as closely as possible. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF B77L X APPROVE OTHER SIGNATURE(S): Supervisor S. W. McPeak r T. Powers ACTION OF BOARD ON October , 0 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS(ABSENT I I I ) 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: County Administrator ATTESTED cle-17 c/l a� X990 Grand Jury Foreman PHIL BATCHELOR,CLERK OF THE BOARD OF County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR,. BY DEPUTY M382 (10/88) FINANCIAL CONTRIBUTIONS TO CONTRA COSTA COUNTY Recommendation No. l Develop and adopt a policy for the solicitation and acceptance of gifts to the County and its agencies. Response A. This recommendation is accepted. B. The Board's. policy on solicitation and acceptance of gifts to the County and its agencies shall be adopted by Administrative Bulletin and distributed to all departments: (Proposed Bulletin attached) In accordance with Section 25355 of the Government Code, `. the Board. of, Supervisors will formally accept or reject any gift the value of which exceeds $5,000. The County Administrator and any department head may accept a gift or bequest for a value under $5,000 upon the notification to and review by the County Administrator. Recommendation No. 2 Develop and adopt a policy for the solicitation and acceptance of contributions to the County from firms and individuals with business currently before the Board of Supervisors. Response A. This recommendation is accepted. B. County officers and employees shall not solicit or accept gifts or contributions to the County from firms or individuals intended to influence business or applications pending before the Board of Supervisors. Recommendation No. 3 Compile and maintain a master list of contributions to the County and to County agencies. For monetary contributions in excess of $500, the list should include the names of donors and the amounts and circumstances of all contributions. Response A. This recommendation is adopted. B. The County Administrator and the Chief Clerk of the Board of Supervisors shall advise the Auditor-Controller of gifts and contributions accepted by the County. The Auditor-Controller shall maintain, on a calendar year basis, a .file of all gifts and contributions exceeding $500, which shall include the names of the donors, the amounts of the gifts, and any conditions upon which a gift was made. PROPOSED SUBJECT: Gifts and Bequests Section 25355 of the California Government Code states as follows: "The board may accept or reject any gift, bequest, or devise made to or in favor of the county, or to or in favor of the board intrust for any public purpose. The board may delegate to any county officer or employee the power to accept any gift, bequest, or devise made to or in favor of the county, the value of which does not exceed ten thousand dollars ($10,000). The board may hold and dispose of the property and the income and increase thereof for such lawful uses and purposes as are prescribed in the terms of the gift, bequest, or devise." This code section allows any county officer or employee, as designated by the Board of Supervisors, to accept gifts, bequests, or devises having a value under five thousand dollars ($5,000). This practice should be followed. The following procedures shall apply with respect to gifts and bequests: 1. Receipt of each gift or bequest having a value of $5,000 or less may be accepted by the department head or his/her assistant upon notification to and review by the County Administrator. 2. Receipt of each gift or bequest having a value of more than $5,000 shall be accepted or rejected by the Board of Supervisors. 3. Departments shall inform the County Administrator of noteworthy gifts or donations, and of any-consequential conditions or stipulations regarding the gift or donation. 4. The County Administrator will arrange to have the Board of Supervisors accept all gifts exceeding $5,000, except when rejections are found to be necessary. Rejections shall be found to be necessary if any conditions or stipulations attached to it might prove prejudicial, discriminatory, burdensome, or illegal. Should a gift or bequest be rejected the. departments concerned will be so advised. 5. County officers and employees shall not solicit or accept gifts or contributions to the County from firms or individuals intended to influence business or applications pending before the Board of Supervisors. 6. The County Administrator and the Chief Clerk of the Board of Supervisors shall advise the Auditor-Controller of gifts and contributions accepted by the County. The Auditor-Controller shall maintain, on a calendar basis, a file of all gifts and contributions exceeding.$500, which shall include the names of the donors, the amounts of the gifts, and any conditions upon which a gift was made. Originating Dept. : County Administrator Reference: Government Code Section 25355 Phil Batchelor, County Administrator