HomeMy WebLinkAboutMINUTES - 01221991 - 1.45 TO: BOARD OF SUPERVISORS (��.Jl l�
FROM' Victor J. Westman, County Counsel t/ tra
By: Mary Ann McNett Mason, Deputy Countyy Counsel Costa
DATE: '' , 4.A C*O "J
January 11 , 1991
$OBJECT;
Amendment to Conflict of Interest Code
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) a BACKGROUND AND JUSTIFICATION
Recommended Action:
Approve Amendment to the General Services Department
Conflict of Interest Code to substitute Exhibit A to said code,
as shown on the attached memorandum from the General Services
Department.
Background:
The General Services Department has amended Exhibit A
to its code and submitted the amendment to the Board for approval
pursuant to Government Code section 87306 .
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FB-3 a:\mam\Gen-sery\bo
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
S I GNATURE I S 1:
ACTION OF BOARD ON �II TI_2 2 1991 APPROVED AS RECOMMENDED _ OTHER
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT AND CORRECT oCOPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: - ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: Barton J. Gilbert, General Services ATTESTED
JAN 2 2 1991
County Counsel PHIL BATCHELOR, CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
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CONFLICT OF INTEREST CODE
OF THE GENERAL SERVICES DEPARTMENT
OF CONTRA COSTA COUNTY
SECTION I00' Purpose' Pursuant to the provisions of Government Code Sec-
tions 87300, et seq. , the General Services Department, Contra Costa County,
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 Section 81000 et meg' ) . The provisions of this Code are
additional to Government Code Section 87100 et oeg' and other laws pertaining to
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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 "&"
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. Designated positions shall be
assigned to one or more of the disclosure categories set forth on Exhibit ''B'".
Each designated employee shall file an annual statement disclosing that
employee's interest in investments, real property, and income, designated as
reportable under the category to which the employee's position is assigned.
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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 Executive Secretary.
(b) In the case of agency heads and the members of the boards and
commissions, the Executive Secretary shall make and retain a copy and forward
the original to the Clerk of the Board of Supervisors.
(o) 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 with any other agency, which is within the same territorial
jurisdiction, may comply 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 document.
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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 Deports:
When an investment, or an interest in real property, is required to
be reported, the statement shall contain:
(l) 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 ($I,000), ten thousand dollars ($10,000) , or one hundred
thousand dollars ($I00,000) . This information need out be
provided with respect to an interest in real property which is
used principally as the residence of the filer.
(b) Contents of Personal Income Reports:
When personal income is required to be reported, the statement shall
contain:
(I) The name and address of each source of income aggregating two
hundred and fifty dollars ($250) or more in value, or fifty
dollars ($50) or more in value if the income was a gift, and a
general description of the business activity, it any, of each
source. In the case of a gift received through an intermediary,
the name, address, and business activity of both the donor and
the intermediary must be disclosed.
(2) A statement whether the aggregate value of income from each
source was greater than one thousand dollars ($l,OOO) , and
whether it was greater than ten thousand dollars ($I0,000) ;
(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, it 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:
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( 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.
(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(d), 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.
All other provisions of this Code notwithstanding, the following provisions
hereafter apply:
1. Initial Statement:
The initial statement filed by a designated employee employed on the
effective date of this code shall disclose investments, business
positions, interests in real property held on the effective date of
this code and income received during the 12 months before the
effective date of this code. Thereafter, the initial statement filed
by an employee already in a position when it is designated by
amendment to this code or by an employee appointed, transferred, or
promoted 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 effective
date of the amendment, appointment, transfer or promotion.
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General Services Department
Conflict of Interest Code
EXHIBIT "A"
Designated Positions Disclosure Category
Director of General Services 1 & 2
Assistant General Services. Director 1 & 2
Deputy General Services Director--Management
and Operations 1 & 2
Deputy General Services Director--Facilities 1 & 2
Facilities Services Manager 1 & 2
Facility Trades Supervisor 3A, B, & C
Central Service Manager 1 & 2
Microfilm Production Supervisor 3E, J, & K
Supply and Distribution Supervisor 3E, J, & K
Fleet Manager 1 & 2
Fleet Equipment Specialist 3F & G
Fleet Service Center Supervisor 3C, E, F, & G
Fleet Materials Supervisor 3C, E, F, G, & H
Purchasing Services Manager 1 & 2
Buyer I 1 & 2
Buyer II 1 & 2
Lease Manager 1 & 2
Senior Real Property Agent 1 & 2
Associate Real Property Agent 1 & 2
Assistant Real Property Agent 3A, B, C, D, H, & I
Jr. Real Property Agent 3A, B, C, .D, H, & I
Jr. Real Property Agent--Project 3A, B, C, D, H, & I
Supervising Architectural Engineer 1 & 2
Senior Architectural Engineer 1 & 2
Associate Architectural Engineer 3B, C, D, H, & I
Assistant Architectural Engineer 3B, C, D, H, & I
Senior Architectural Engineer--Project 1 & 2
Special Projects Architect--Project 1 & 2
Communications Services Manager 1 & 2
Communications Engineer 1 & 2
Communications Technical Supervisor 1 & 2
Telecommunications Supervisor 1 & 2
Grounds Maintenance Manager 1 & 2
Chief Operating Engineer 1 & 2
Facilities Maintenance Coordinator 1 & 2
Assistant Chief Operating Engineer 3A, B, C
Custodial Manager 1 & 2
Custodial Services Supervisor 3B
Supervising Custodian 3B
General Services Fiscal Officer 1 & 2
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General Services Department
Conflict of Interest Code
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' f oreaeeably be af feoted materially by any
decision made or participated in by the designated employee by virtue of the
employee's position.
Designated Employees in Gr " " 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 bolds any position of management; Financial interests are reportable only if
located within Contra Costa County or if the business entity is doing boaioema
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.
D : - _-_-_----' - - '
Investments in any business entity, income from any source and status as a
director, officer, partner, trustee, employee, oi bolder 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 Contra Costa County
to provide services, supplies, materials, machinery or equipment.
Designated Employees in Group ' report:
Investments in any business entity, income from any source and atatosaa e
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
County General Services Department to provide services,- supplies, materials,
machinery or equipment which are related to one of the following areas:
A Communications Systema and Equipment
B County Buildings - Maintenance and Repairs
C County Buildings - Design & Construction
D County Grounds - Maintenance and Landscaping
E office Supplies & G�Ioilsneot
F Motor Vehicles & Equipment
G Motor Vehicle Parts
8 Petroleum Products
I Property Development or Management
J Purchasing
K Printing
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