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HomeMy WebLinkAboutMINUTES - 11081994 - 1.94 . • TO: BOARD OF SUPERVISORS FROM: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel DATE: October 26, 1994 SUBJECT: Amendment to Conflict of Interest Code of the Animal Services Department of Contra Costa County SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Approve Amendment of Exhibit A to the above named Department's Conflict of Interest Code, as shown on the attached memorandum from said Department. BACKGROUND/REASONS FOR RECOMMENDATIONS The Department has amended its code and submitted the amendment to the Board for approval pursuant to Government Code sections 87306 and 87306.5. CONTINUED ON AT YES SIGNATURE _RECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMMEN ATION OF BOARD COMMITTEEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON c' APPROVED AS RECOMMENDED OTHER. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT 7� TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Orig: County Counsel ATTESTED NOV 819% cc: Clerk, Board of Supervisors PHIL BATCHELOR, CLERK OF Animal Services Department THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY ACL . �,1 Qp _ , DEPUTY MAM/fjb fb 4 a:\board.MAS COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: October 26, 1994 To: Clerk, Board of Supervisors From: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel Re: Conflict of Interest Code of the Animal Services Department of Contra Costa County Attached hereto are amendments to the Conflict of Interest Code for the above named Department. The amendments are approved as to form. Please place this matter on the Board of Supervisors ' agenda as requested by the Department. A draft Board Order is likewise attached. MAM/f j b cc: Diane Iwasa, Director Animal Services Department Attachments J-12:a:\conflict.mem CLERK OF THE BOARD Inter - Office Memo TO: County Counsel DATE: 10/5/94 Attn: Mary Anne Mason Deputy County Counsel n FROM: Jeanne Maglio Chief Clerk SUBJECT: Proposed Change for Conflict of Interest Code By this memo is transmitted for your review the proposed change to the Conflict of Interest Code for Animal Services Department Upon receipt of your recommendation, the amended Code will be listed on the Board Agenda. jm Attachment cc: Diane Iwasa, Director Animal Services RETURN BY OCTOBER 3, 1994 TO: Clerk of the Board of supervisors 651 Pine Street, Suite 106 Martinez, California 94553 SUBJECT: Statement for Government Code Section 87306.5 A. The Conflict of Interest Code for has been reviewed for the 1992-1994 review period and found that it does not need to be amended at this time. (OR) B. X The proposed amendment to the Conflict of Interest Code for the Animal Services Department* submitted to the code reviewing body, the Board of Supervisors, for approval. Your proposed amendment must accompany this form. r Dated: October 4, 1994 Completed By Agency: Animal Services Department Address: 4849 Imhoff Place Martinez, CA 94553 Telephone No. : 646-2935 THE FILING DATE FOR SUBMITTING THIS DOCUMENTS IS OCTOBER 3, 1994 *ONLY CHANGE IS ON PAGE 5 EXHIBIT A -- RECEIVED OCT - 4 CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. CONTRA COSTA COUNTY ANIMAL SERVICES DEPARTMENT CONFLICT OF INTEREST CODE SECTION 100. Purpose. Pursuant to the provisions of Government Code Sections 87300, et seq. , the Department of Animal Services of Contra Costa County hereby adopts the following Conflict of Interest Code. Nothing con- tained herein is intended to modify or abridge the provisions of the Political Reform Act of 1974 (Government Code Section 81000, et seq. ) . The provisions of this Code are additional to Government Code Section 87100 and other laws pertaining to conflicts of interest. Except as otherwise indi- cated, the definitions of said Act and regulations adopted pursuant thereto are incorporated herein and this Code shall be interpreted in a manner con- sistent 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 . 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, business positions, real property, and income, designated as reportable under the category to which the employee's position is assigned. SECTION 400. Place and Time of Filina. (a) All designated employees required to submit a statement of financial interests shall file the original with the Departmental Executive Secretary. (b) In the case of agency heads and the members of boards and commissions, the Departmental Executive Secretary shall make and retain a copy and forward the original to the County Board of Supervisors. (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 30 days after the effective date of this code. Thereafter, each person already in a position when it is desig- nated by an amendment to this code, shall file an initial statement within 30 days after the effective date of the amendment. Employees appointed, pro- moted 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. M1 I • 0 • Conflict of Interest Statement 2. (e) A designated employee required to file a statement of financial interest with any other agency, which is within the same territorial juris- diction, 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. 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 one-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. (b) Contents of Personal Income Reports : When 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, fifty dollars ($50) or more in value if the income was a gift, and a general description, 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 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 shall 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; • Conflict of Interest Statement 3. 4. In the case of a gift, the amount and the date on which the gift was received. 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. (c) Contents of Business Entity Income Reports: When Income of a business entity, including some of a sole proprietor- ship , 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. In the case of a business entity which provides legal or bro- kerage 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 (f) , 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 them- selves from making or participating in 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. [ATTACHMENT] CONFLICT OF INTEREST CODE OF THE ANIMAL SERVICES DEPARTMENT (Agency) OF CONTRA COSTA COUNTY (Code Reviewing Jurisdiction) The agency designated above hereby submits the following Conflict of Interest Code to the code reviewing body of the jurisdiction designated above. '/,-ka-7t� (signature) DIRECTOR, ANIMAL SERVICES DEPARTMENT (official capacity) Received on behalf of the code reviewing body of the jurisdiction designated above: Date: (signature) (official capacity) The following Conflict of Interest Code, having been submitted by the agency designated above, was approved by order of the code reviewing body on (date) Other action, (if any) : (signature) (official capacity) -4- EXHIBIT "A" DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES THAT APPLY DESIGNATED POSITIONS DISCLOSURE CATEGORIES THAT APPLY Director, Animal Services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I, II Chief Animal Control Supervisor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I, II Administrative Officer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I, II Animal Clinic Veterinarian. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I, II OfficeManager. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II ExecutiveSecretary... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II Clerical Supervisor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II Animal Services Lieutenant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II Animal Services Sergeant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II Animal Services Officer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II Animal Health Technician. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II Senior Animal Center Technician. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II Animal Center Technician. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II Administrative Aide. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II Clerical Staff. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II -5- 100494/mm Con.Int EXHIBIT "B" LIST OF DISCLOSURE CATEGORIES 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 prop- erty, 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. Category I - Designated Positions 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 or subject to the jurisdiction of the Contra Costa County Animal Services Director or if the business entity is doing business or plan- ning to do business in the jurisdiction. Category II - Designated Positions in Category II Must Report: Investment in, income from, and his or her status as a director, officer, partner, trustee, employee, or holder of a position of management in any business entity of animal enterprise in Contra Costa County subject to laws, regulations, and ordinances enforced by the Contra Costa County Animal Services Director. -6- 1 .9 TO: BOARD OF SUPERVISORS FROM: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel DATE: October 26, 1994 SUBJECT: Amendment to Conflict of Interest Code of the Growth Management and Economic Development Agency SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Approve Amendment of Exhibit A to the above named Department's Conflict of Interest Code, as shown on the attached memorandum from said Department. BACKGROUND/REASONS FOR RECOMMENDATIONS The Department has amended its code and submitted the amendment to the Board for approval pursuant to Government Code sections 87306 and 87306.5. CONTINUED ON ATTACHMENT: YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMMEND ION OF BOARD COMMITTEEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON il U V! APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Orig: County Counsel ATTESTED NOV 8 % cc: Clerk, Board of Supervisors PHIL BATCHELOR, CLERK OF GMEDA THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY DEPUTY MAM/fb fb 4 a:\board.GMD COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: October 26 , 1994 To: Clerk, Board of Supervisors From: Victor J. Westman, County Counsel ,�J// ��/1 By: Mary Ann McNett Mason, Deputy County Counsel 7)L // ' Re: Conflict of Interest Code of the Growth Management and Economic Development Agency Attached hereto are amendments to the Conflict of Interest Code for the above named Department. The amendments are approved as to form. Please place this matter on the Board of Supervisors , agenda as requested by the Department. A draft Board Order is likewise attached. MAM/f jb cc: Debbie Gorman GMEDA Attachments J-12:a:\conflict.mem S � CLERK OF THE BOARD 00 -r COU ANSEL Inter - Office Memo IypRTINEZ CLIF• TO: County Counsel DATE: 9/26/94 Attn: Mary Anne Mason Deputy County Counsel n FROM: Jeanne' Maglio Chief Clerk SUBJECT: Proposed Change for Conflict of Interest Code By this memo is transmitted for your review the proposed change to the Conflict of Interest Code for Growth Management and Economic Development Agency Upon receipt of your recommendation, the amended Code will be listed on the Board Agenda. jm Attachment cc: GMEDA Debbie Gorman RECEIVED SSP 2 6 W RETURN BY OCTOBER 3, 1994 TO: Clerk of the Board of Supervisors 651 Pine Street, Suite 106 Martinez, California 94553 SUBJECT: Statement for Government Code Section 87306.5 A. The Conflict of Interest Code for has been reviewed for the 1992-1994 review period and found that it does not need to be amended at this time. (OR) B. X The proposed amendment to the Conflict of Interest Code for the Growth Management and Economic Development Agency submitted to the code reviewing body, the Board of Supervisors, for approval. Your proposed amendment must accompany this form. *** Dated: 9-20-94 Debbie Gorman Completed By Agency: GMEDA Address: 651 Pine St . , N. Wing, 2nd Floor Martinez , CA 94553 Telephone No. : 6-1620 THE FILING DATE FOR SUBMITTING THIS DOCUMENTS IS OCTOBER 3, 1994 *** Reflects changes in Designated Positions as shown on Exhibit A. (*sed 10/94) EXHIBIT A CONFLICT OF INTEREST - DESIGNATED POSITIONS G MEDA: Customer Services Manager Director Building Inspection: Administrative Services Assistant Senior Building Inspector Building Inspector II Senior Grading Inspector Building Inspector I Senior Grading Technician Chief Property Conservation Division Senior Structural Engineer Director Supervising Structural Engineer Grading Inspector Supervisor Inspection Services LIS Director System Specialist II Community Development: Accountant(s) Planners I, II, III Accountanting Technician Principal Planner Administrative Services Assistant III Resource Recovery Specialist Administrative Services Officer Senior Planning Geologist Deputy Director(s), Community Development Senior Transportation Planner Director, Community Development Transportation Planner Director, Redevelopment Transportation Planning Manager Housing and Community Development Planner con[lint.cod (12/30/92) Public Works: Administrative Services Assistant III Assistant County Surveyor Assistant Manager of Airports Assistant Real Property Agent Associate Civil Engineer Associate Real Property Agent Associate Traffic Engineer Chief Public Works Maintenance Superintendent Deputy Public Works Director Engineer Engineering Technician (Journey level and above) Engineering Technician Supervisor - Construction Engineering Technician Supervisor - Land Surveyor Engineering Technician Supervisor - M & T Environmental Planner Junior Real Property Agent Manager of Airports Principal Real Property Agent Public Works Chief of Administrative Services Public Works Computer Manager Public Works Director' Public Works Fiscal Officer Public Works Maintenance Coordinator Public Works Maintenance Superintendent Public Works Maintenance Supervisor Senior Civil Engineer Senior Hydrologist Senior Real Property Agent Stormwater Pollution Control Manager Stormwater Pollution Control Planning Specialist Supervising Civil Engineer Supervising Real Property Agent Vegetation Management Supervisor t The'I'itle of Public Works Director includes: County Surveyor County Road Commissioner Ex Officio Chief Engineer Contra Costa County Flood Control and Water Conservation District Engineer Ex Officio Contra Costa County Sanitation Districts Chief Engineer Contra Costa Water Agency Ex Officio Chief Engineer Contra Costa County Storm Drainage Maintenance District Ex Officio Chief Engineer Contra Costa County Storm Drainage District conflint.cod (12/30/92) • TO: BOARD OF SUPERVISORS FROM: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel DATE: October 26, 1994 SUBJECT: Amendment to Conflict of Interest Code of the Contra Costa County Employees Retirement Association SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Approve Amendment to the above named Department's Conflict of Interest Code, as shown on the attached memorandum from said Department. BACKGROUND/REASONS FOR RECOMMENDATIONS The Department has amended its code and submitted the amendment to the Board for approval pursuant to Government Code sections 87306 and 87306.5. CONTINUED ON ATTACHMENT: YES SIGNATURE _RECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMMiNDATION OF BOARD COMMITTEEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT --Vr TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Orig: County Counsel ATTESTED NQy 8 1004 cc: Clerk, Board of Supervisors PHIL BATCHELOR,-CLERK-6P CCC Employees Retirement Assn THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR tel BY - C. DEPUTY MAM/fjb fb 4 a:\board.MAS t 9 Lk COUNTY COUNSEL'S OFF/CE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: October 26 , 1994 To: Clerk, Board of Supervisors From: Victor J. Westman, County Counsel. By: Mary Ann McNett Mason, Deputy County Counsel /,r •'7 •/'/ • Re: Conflict of Interest Code of the Contra Costa County Employees Retirement Association Attached hereto are amendments to the Conflict of Interest Code for the above named Department. The amendments are approved as to form. Please place this matter on the Board of Supervisors , agenda as requested by the Department. A draft Board Order is likewise attached. MAM/f j b cc : Patricia F. Wiegert CCC Employees Retirement Assn. Attachments J-12m:\conflict.mem CLERK OF THE BOARD ou���Ey c`stit Inter - Office Memo PR -0 County Counsel DATE: 9/23/94 Attn: Mary Anne Mason Deputy County Counsel FROM: Jeanne Maglio. Chief Clerk ' SUBJECT: Proposed Change for Conflict of Interest Code By this memo is transmitted for your review the proposed change to the Conflict of Interest Code for Retirement Board of Contra Costa County Employees Retirment Association Upon receipt of your recommendation, the amended Code will be listed on the Board Agenda. jm Attachment cc: Patricia F. Wiebert 1355 Willow Way, Suite 221 Concord, CA 94520 RETURN BY OCTOBER 31 1994 TO: Clerk of the Board of Supervisors 651 Pine Street, Suite 106 Martinez, California 94553 SUBJECT: Statement for Government Code Section 87306. 5 A. The Conflict of Interest Code for has been reviewed for the 1992-1994 review period and found that it does not need to be amended at this time. (OR) B. x The proposed amendment to the Conflict of Interest Code for �mp�oy�C s ,�T�/2G'�,BNT I�sSvG/�T.o-✓ submitted to the code reviewing body, the Board of Supervisors, for approval. Your proposed amendment must accompany this form. Dated: q Ix 31 qq �i9r 2i G,� /= Gc�iE6�2r Completed By Agency: �ri/lz.��,+r Address: Telephone No. : C511D THE FILING DATE FOR SUBMITTING THIS DOCUMENTS IS OCTOBER 3, 1994 BOARD OF RETIREMENT OF THE CONTRA COSTA COUNTY EMPLOYEES RETIREMENT ASSOCIATION CONFLICT OF INTEREST CODE Amended 10/13/92 Am6oDLD Section 100, Purpose. Pursuant to the provisions of Government Code Sections 87300, et seq. , the Board of Retirement of the Contra Costa County Employees Retirement Association adopts this Conflict of Interest Code. Nothing contained herein is intended to modify or abridge the provisions of the Political Reform Act of 1974 (Government Code Secs. 81000 ff) . The provisions of this Code are in addition 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 consistently therewith. Section 200, Designated Positions and Employees. The positions listed in Exhibit "A" (attached hereto) are "designated positions" . Every incumbent of these is a "designated employee" , and is deemed to make, or participate in the making of, decisions which may foreseeably have a material effect on his or her financial interest. Section 300, Disclosure Statements. Designated positions shall be 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 property, and income, designated as reportable under the category to which the employee's position is assigned. Section 400. Place and Time of Filin . (a) Every designated employee shall file the original of his or her statement of financial interests with the Executive Secretary in the Retirement Administrator's office. (b) The Executive Secretary shall make and retain a copy, and forward the original to the County Clerk. (c) Every designated employee shall submit his or her initial statement within 30 days after the effective date of this Code. The initial statement 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. (d) Employees appointed, promoted or transferred to designated positions shall file initial statements within 30 days thereafter, and 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. e i t (e) Every designated employee shall f11& annual statements during February covering the preceding calendar year. (f) 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 Disclosure Statement Form and Content. (a) County Clerk's Forms. Disclosure statements shall be made on forms supplied by the County Clerk. (b) Content. The disclosure statements shall contain the following information: (1) Investment or Interest in Real Property. When an investment or an interest in real property, is required to be reported, the statement shall contain: a statement of the nature of the investment or interest, the name of the business entity in which each investment is held, a general description of the business activity in which the business entity is engaged, and the address or other precise location of the real property. The statement shall also contain 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 one 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. (2) Personal Income. When income is required to be reported under this article, the statement shall contain: 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. The statement shall also contain 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) ; and a description of the consideration, if any, for which the income was received. In the case of a loan, the statement shall contain the annual interest rate and the security, if any, given for the loan. 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 -2- description of the gift; the amount or value of the gift; and the date on which the gift was received. (3) Business Entity. When income of a business entity, including income of a sole proprietorship, is required to be reported, the statement shall contain: the name, address, and a general description of the business activity of the business entity, and, the name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than ten thousand dollars ($10,000) . (4) Business Position. 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, employee, 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 designated employee's position with the business entity. (5) Acquisition or Disposal During 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. Section 600• Disqualifications. Designated employees must disqualify themselves from making or participating in the making of any decisions or using their official position to influence the making of any decision 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 him or herself with respect to any matter which could not be legally acted upon or decided without his or her participation. -3- . , , ,,.. � • • EXHIBIT 'A' Position Categories Designated Positions Disclosure Category Assistant Retirement Administrator 1 Retirement Accounting Manager 1 Retirement Office Services Manager 2 Counsultant * 1 * Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation: The Administrator may determine in writing that a particular consultant, although a "designated position, " is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this code. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The Administrator's ,determination is a public record and shall be. retained for public inspection in the same manner and. location as this conflict of .interest code. EXHIBIT 'B' Disclosure Categories General: 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. Desienated Employes in Cateeory "1" : Employees designated in Category 1 of Exhibit A shall complete all schedules of Form 730 unless there are no reportable interests for that schedule. A "reportable interest" shall be any business entity or source of income of a type in which the Board is authorized to invest. Designated Employees in Catezory "2" : Employees designated in Category 2 of Exhibit A shall complete all schedules of Form 730, except those relating to interests in real property (Form 730, Schedules B and C-1) , unless there are no reportable interests for that schedule. A "reportable interest" shall be any business entity or source of income which, within the filing period has contracted, or in the foreseeable future may contract with the Board to provide services, supplies, materials , machinery or equipment of the Retirement System or the Retirement Administrator's Office. TO: BOARD OF SUPERVISORS FROM: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel DATE: October 26, 1994 SUBJECT: Amendment to Conflict of Interest Code of the County Administrator's Department SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Approve Amendment of Exhibit A to the above named Department's Conflict of Interest Code, as shown on the attached memorandum from said Department. BACKGROUND/REASONS FOR RECOMMENDATIONS The Department has amended its code and submitted the amendment to the Board for approval pursuant to Government Code sections 87306 and 87306.5. CONTINUED ON ATTACHMENT: YES SIGNATUREAt2� _RECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMMENDATION OF BOARD COMMITTEEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON U T U APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Orig: County Counsel ATTESTED NOV 81994 cc: Clerk, Board of Supervisors PHIL BATCHELOR, CLERK OF - County Administrator Department THE BOARD OF SUPERVISORS AND COUNTY nADMINISTRATOR BY n n,Opl e , DEPUTY MAM/fib . fb 4 a:\board.MAS • COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: October 26, 1994 To: Clerk, Board of Supervisors From: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel Re: Conflict of Interest Code of the County Administrator of Contra Costa County Attached hereto are amendments to the Conflict of Interest Code for the above named Department. The amendments are approved as to form. Please place this matter on the Board of Supervisors ' agenda as requested by the Department. A draft Board Order is likewise attached. MAM/f jb cc: Scott Tandy, Asst. County Admin. County Administrator's Dept. Attachments J-12m:\conflict.mem 0 �a CLERK OF THE BOARD ' •~ �''ne Inter - Office Memo C= • e��SC TO: Coun- ounsel DATE: 10/5/94 Attn: Mary Anne Mason Deputy County Counsel n FROM: Jeanne Maglio Chief Clerk SUBJECT: Proposed Change for Conflict of Interest Code By this memo is transmitted for your review the proposed change to the Conflict of Interest Code for Office of the County Administrator Upon receipt of your recommendation, the amended Code will be listed on the Board Agenda. jm Attachment cc: Scott Tandy, Chief Assistant County Administrator OFFICE OF THE COUNTY ADMINISTRATOR C O N T R A C O S T A C O U N T Y Administration Building 651 Pine Street, 11th Floor Martinez, California 94553 TO: Jeanne Maglio, Clerk of the Board FROM: Scott Tandy, Chief Assistant County Administrator DATE: September 28, 1994 SUBJECT: Review of Conflict of Interest Code Pursuant to your request and State law, we have reviewed the Conflict of Interest Code for the Office of the County Administrator and have determined that the only changes have to do with the designated positions to which the Code applies . As a result of changes in the organization of our office and its - divisions, we request the addition of the new classifications of Budget Systems Administrator and Cable TV Franchise Administrator. The classification we are now deleting is Energy Coordinator. Otherwise, the existing designated positions and classifications would remain the same as would the disclosure categories. If you need further information, please contact me at your convenience. ST: lmj RECEIVED Ep 30 W4 CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. TO: BOARD OF SUPERVISORS FROM: Victor J. Westman, County Counsel By. Mary Ann McNett Mason, Deputy County Counsel DATE: October 26, 1994 SUBJECT. Amendment to Conflict of Interest Code of the San Ramon Valley Fire Protection District SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Approve Amendment to the above named District's Conflict of Interest Code, as shown on the attached memorandum from said District. BACKGROUND/-REASONS FOR RECOMMENDATIONS The District has amended its code and submitted the amendment to the Board for approval pursuant to Government Code sections 87306 and 87306.5. CONTINUED ON ATTACHMENT. YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR—RECOMMENDATION OF BOARD COMMIMEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON- JWV APPROVED AS RECOMMENDED .,,-- OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A ✓ UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Orig: County Counsel ATTESTED NO 8 1994 cc: Clerk, Board of Supervisors PHIL BATCHELOR, CLERK OF San Ramon Valley Fire Prot. Dist. THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR MAM/�jb BY DEPUTY fb 4 a:\b0ard.MAS COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: October 26, 1994 To: Clerk, Board of Supervisors From: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel M.14./M ' Re: Conflict of Interest Code of the San Ramon Valley Fire Protection District Attached hereto are amendments to the Conflict of Interest Code for the above named District. The amendments are approved as to form. Please place this matter on the Board of Supervisors ' agenda as requested by the District. A draft Board Order is likewise attached. MAM/f j b cc: Mel E. Deardorff, Fire Chief San Ramon Valley Fire Protection District Attachments J-12m:\conflict.mem ,. 0 CLERK OF THE BOARD ` Inter - Office Memo roUt3TY COUNSEL TO: CouTtC nsel DATE: 10/5/94 Attn: Mary Anne Mason Deputy County Counsel n FROM: Jeanne Maglio Chief Clerk ej SUBJECT: Proposed Change for Conflict of Interest Code By this memo is transmitted for your review the proposed change to the Conflict of Interest Code for San Ramon Valley Fire Protection District Upon receipt of your recommendation, the amended Code will be listed on the Board Agenda. jm Attachment cc: Mel E. Deardorff, Fire Chief SAN RAMON VALLE* FIRE PROTECTION DISTRICT Administration 1500 Bollinger Canyon Road Fire Prevention Phone:510-838-6600 San Ramon, California 94583 Phone:510-838-6680 Fax: 510-838-6629 Fax: 510-838-6696 September 30, 1994 RECEIVED 3 Certified Mail #P029 287 433 Mrs. Jeanne Maglio Clerk, Board of Supervisors CLERKCON RA0OS ACOtSORS of Contra Costa County 651 Pine Street, Room 106 Martinez, CA 94553 Re: Agenda Item No. 6.5; Regular Meeting, Board of Directors, San Ramon Valley Fire Protection District; Review of Conflict of Interest Code Dear Mrs. Maglio: Please be advised that on September 28, 1994, the Board of Directors ("Board") of the San Ramon Valley Fire Protection District ("District") considered and reviewed under duly- noticed Agenda, Item No. 6.5, its Conflict of Interest Code. Upon review two changes were made. Code Section 100 was amended to read as follows: SECTION 100. Purpose Pursuant to the provisions of Government Code Sections 87300 et.seq. the San Ramon Valley Fire Protection District of 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). The provisions of this Code are additional to Government Code Section 87100 et sea.. and other laws pertaining to conflicts of interest, including but not limited to regulations as may be formulated from time to time by the Fair Political Practices Commission. 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. Ms. Jeanne Maglio September 30, 1994 Page -2- Second, the category of "Consultants retained by the District who have the authority to make discretionary decisions" was added to Exhibit "A" to the Code. Should you have questions concerning this matter, please contact my office or the District's counsel, William D. Ross, Esq. at (415) 617-5678. Very truly yours Mel E. Deardorff Fire Chief • MED/jz TO: BOARD OF SUPERVISORS FROM: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel DATE: October 26, 1994 SUBJECT: Amendment to Conflict of Interest Code of the Contra Costa County Fire Protection District SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Approve Amendment to the above named District's Conflict of Interest Code, as shown on the attached memorandum from said District. BACKGROUND/REASONS FOR RECOMMENDATIONS The District has amended its code and submitted the amendment to the Board for approval pursuant to Government Code sections 87306 and 87306.5. CONTINUED ON ATTACHMENT: YES SIGNATURE/& d,,, _RECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMME DATION OF BOARD COMMITTEEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON UV APPROVED AS RECOMMENDED_Z OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT Xt— TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Orig: County Counsel ATTESTED N®V 8 1q cc: Clerk, Board of Supervisors PHIL BATCHELOR, CLERK OF CCC Fire Prot. Dist. THE BOARD OF SUPERVISORS AND COUNTY QADMINNISTRATOR BY DEPUTY MAM/fjb fb 4 a:\board.MAS COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: October 25, 1994 To: Clerk, Board of Supervisors From: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel /n •� Re: Conflict of Interest Code of the Contra Costa County Fire Protection District Attached hereto are amendments to the Conflict of Interest Code for the above named entity. The amendments are approved as to form. Please place this matter on the Board of Supervisors ' agenda as requested by the entity. A draft Board order is likewise attached. MAM/f j b cc: Michael H. George CCC Fire Protection District Attachments J-12:a:\conf1ict.Wst RECEIVED OCT - 31994 CLERK BOARD OF SUPERVISORS RETURN BY OCTOBER 3, 1994 TO: Clerk of the Board CONTRA COSTA CO. of supervisors 651 Pine Street, Suite 106 Martinez, California 94553 SUBJECT: Statement for Government Code Section 87306.5 A. The Conflict of Interest Code for has been reviewed for the 1992-1994 review period and found that it does not need to be amended at this time. (OR) B. X The proposed amendment to the Conflict of Interest Code for Contra Costa County Fire Protection District submitted to the code reviewing body, the Board of Supervisors, for approval. Your proposed amendment must accompany this form. Dated: Se�)tember 30, 1994 Michael H. George Completed By Contra Costa County Agency: Fire Protection District Address: 2010 Geary Road Pleasant Bill, CA 94523 Telephone No. : (510) 930-5506 THE FILING DATE FOR SUBMITTING THIS DOCUMENTS IS OCTOBER 30 1994 CONFLICT OF INTEREST CODE OF THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT OF CONTRA COSTA COUNTY SECTION 100. Purpose. Pursuant to the provisions of Government Code Sections 87300, et. seq. , the Contra Costa County Fire Protection District of 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) . 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 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 in Exhibit "B" . Each designated employee shall file an annual statement disclosing that employee' s interest in investments, business positions, real property, 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 Executive Secretary. (b) In the case of agency. he*ads and the members of boards and commissions, the Clerk or Secretary of the agency which receives the statement of financial interest shall make and retain a copy and forward the original to the Clerk of Contra Costa County. (c) All designated employees employed on the effective date of this Code, as originally adopted, promulgated and approved by the code reviewing body, shall file initial 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 appointment, promotion or transfer. (d) Annual statements shall be filed during the month of April and no later than April 30 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. 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) When an investment, or an interest in real property, is required to be reported, the statement shall contain: 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 one 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. (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, if any, of each source; (2 ) When income is required to be reported under this article, the statement shall contain: 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 shall 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 the case of a gift, the amount and the date on which the gift was received; (5) 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. (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) In the case of a business entity which provides legal or brokerage services, 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; (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, a description of the business activity in which the business entity is engaged, and the designated employee' s position with the business entity. (e) 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. (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 any decisions or using their official position to influence the making of any decision, 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. MHG/Conflict. 94 EXHIBIT "A" Designated Positions Disclosure Category Member of Board of Fire Commissioners 1 & 2 Chief Administrator, Fire Chief 1 & 2 Assistant Chief, Planning & Resources 1 & 2 Coordinator, Carpenter Shop Services 3(C) Coordinator, Electrical Services 3 (C) Coordinator, Air & Heating Equipment Services 3(C) Coordinator, Plumbing Services 3 (C) Supervisor, Apparatus Shop 3(A) Assistant Chief, Fire Suppression & Rescue Services 1 & 2 Battalion Chief 1 & 2 Captains 2 Supervisor, Communications 3 (B) Fire Officer - Exempt 3 (A) (C) (D) (K) (Q) Station Supplies Functional Supervisor 3(D) (K) Inventory Program Functional Supervisor 3(D) (P) Canvas Shop Functional Supervisor 3 (E) Commercial Salvage Program Functional Supervisor 3(C) (D) (K) Air/Oxygen System & Services Functional Supervisor 3 (F) (K) Seasonal Tanker Program Functional Supervisor 3 (D) (K) (P) Aircraft Program Functional Supervisor 3(G) Hydrant Program Functional Supervisor 3(C) (D) (J) (K) Hose Program Functional Supervisor 3(L) Files and Records Functional Supervisor 3 (P) Mapping Program Functional Supervisor 3(M) Fire Trail Maintenance Functional Supervisor 3 (A) (C) (D) Ladder Program Functional Supervisor 3(K) (W) Assistant Chief, Fire Prevention Services 1 & 2 Chief Fire Inspector 1 & 2 Supervising Fire Inspector, Weed Abatement 3 (H) (K) Supervising Fire Inspector, Plan Review & Water Supply 3 ( I ) (J) (K) (Q) Supervising Fire Inspector, Investigations 3(K) Supervising Fire Inspector, Public Education 3 (K) (0) Supervising Fire Inspector, Code Enforcement 3 ( I ) (J) (K) (P) (Q) Field Area Inspectors 3 ( I ) (K) Plan Review & Water Supply Inspectors 3( I ) (J) (K) (Q) Fire Service Technician 3(H) (K) Chief of Administrative Services,Budget/Administration 1 & 2 Office Manager 3 (P) Personnel Officer 1 & 2 Fire Training Supervisor 1 & 2 Members of Advisory Committee Apparatus Committee 3W, Facilities Design Committee 3(C) (D) ( I ) (P) Safety Committee 3(K) Management Information Systems Committee 3(C) (D) (P) (V) 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 "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 Fire Protection 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 any 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 Contra Costa County Fire Protection District to provide services, supplies, materials, machinery, or equipment to such District. Designated Employees in Category "3" 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 has within the last two years contracted, or foreseeably may contract, with Contra Costa County Fire Protection District to provide services, supplies, materials, machinery or equipment which are related to the following areas: (A) Motor Vehicle Equipment, Service & Supplies (B) Communications Equipment, Service & Supplies (C) Building & Grounds Material Equipment, Service & Supplies (D) Material, Equipment, Service & Supplies for Stations (E) Canvas Service & Supplies (F) Air Systems Equipment, Service & Supplies (G) Aircraft Equipment, Service & Supplies (H) Material & Service for Weed Abatement Program ( I ) Material & Service for Building Construction (J) Material & Service for Water Supply for Fire Protection (K) Fire Protection Equipment, Service & Supplies (L) Hose Service & Supplies (M) Mapping Service & Supplies (N) Photography Equipment, Service & Supplies (0) Public Education Material, Service & Supplies (P) Office Equipment, Service & Supplies (Q) Real Property within the District (R) Commercial Salvage Service & Supplies (S) Hydrant Service & Supplies (T) Records & Files Service & Supplies (U) Safety Service & Supplies (V) Data Processing Equipment, Service & Supplies (W) Ladder Equipment, Service & Supplies TO: BOARD OF SUPERVISORS FROM: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel DATE: October 26, 1994 SUBJECT: Amendment to Conflict of Interest Code of the Reclamation District No. 800 SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Approve Amendment to the above named District's Conflict of Interest Code, as shown on the attached memorandum from said District. BACKGROUND/REASONS FOR RECOMMENDATIONS The District has amended its code and submitted the amendment to the Board for approval pursuant to Government Code sections 87306 and 87306.5. CONTINUED ON ATTACHMENT: YES SIGNATURE _RECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMMENDYTION OF BOARD COMMITTEEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT -IL TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Orig: County Counsel ATTESTED NOV 81994 cc: Clerk, Board of Supervisors PHIL BATCHELOR, CLERK OF Reclamation District No. 800 THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY , DEPUTY MAM/fjb fb 4 a:\board.MAS a COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: October 26, 1994 To: Clerk, Board of Supervisors From: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel -�-� Re: Conflict of Interest Code of the Reclamation District No. 800 Attached hereto are amendments to the Conflict of Interest Code for the above named District. The amendments are approved as to form. Please place this matter on the Board of Supervisors ' agenda as requested by the District. A draft Board order is likewise attached. MAM/f j b cc: Reclamation District 800 Attachments J-12:a:\conflict.mem CLERK OF THE BOARD 6�3 GdUhtTY2:, UN's^L Inter - Office Memo MARTINEZ GAUF. TO: County Counsel DATE: 10/12/94 Attn: Mary Anne Mason Deputy County Counsel n FROM: Jeanne Maglio Chief Clerk SUBJECT: Proposed Change for Conflict of Interest Code By this memo is transmitted for your review the proposed change to the Conflict of Interest Code for Reclamation District #800 Upon receipt of your recommendation, the amended Code will be listed on the Board Agenda. jm Attachment cc: Reclamation District #800 RETURN BY OCTOBER 3, 1994 TO: Clerk of the Board of Supervisors 651 Pine Street, Suite 106 Martinez, California 94553 SUBJECT: Statement for Government Code Section 87306. 5 A. The Conflict of Interest Code for has been reviewed for the 1992-1994 review period and found that it does not need to be amended at this time. (OR) B. The p pos d amend ent to the nfli of Interest Code for �E'GtQL G��©µ-�7 r N o , submitted to the code reviewing body, the Board of Supervisors, for approval. Your proposed amendment must accompany this form. Dated: ,C_ /leted By Agency: ` c.�c.c.s who z cv Address: 17-C) . S-6 Z Telephone No. : lJ(C) -- 6 3; Lk-Z-�S THE FILING DATE FOR SUBMITTING THIS DOCUMENTS IS OCTOBER 3, 1994 RECEIVE® OCT 121994 CLERK BOARD OF SUPtRVISORS CONTRA COSTA CO. NEUMILLER & BEARDSLEE �C A PROFESSIONAL CORPORATION•ATTORNEYS&COUNSELORS ESTABLISHED 1903 73649-19199 CRAIG M.WILLEY STOCKTON OFFICE: 509 W.WEBER AVE. STOCKTON'CA October 7, 1994 RECEIVED 5 95203-3166 (209)948-8200 (209)948-4910 FAX OCT 12 X994 MAILING ADDRESS: 7 P.O.Box 20 Clerk of the Board of Supervisors STOCKTON,CA CLERK BOARD OF SUPERVISORS 95201-3020 651 Pine Street, Suite 106 CON7F,a COSTA CO. Martinez, California 94553 MODESTO (209)577-8200 Re: Reclamation Dist. 800/Conflict of Interest Code (209)577-4910 FAX Dear Sir or Madam: Please find enclosed the form and resolution indicating that Reclamation District No. 800 has adopted by reference the Conflict of Interest Code contained in Title 2 of the California Code of Regulations. John Stovall of this office was informed by your staff that it was permissible for the District to submit these materials after the October 3, 1994, deadline because the District meeting and adoption of the Conflict of Interest Code was scheduled for October 6, 1994 . Thank you for your attention to this matter. Ver rul , C G M. WILLEY A orney-at-Law Enclosures F:\PSR\CKW\CLERK 73649/19199//10/07/94/ 0 RECLAMATION DISTRICT NO. 800 RESOLUTION 94- 12 AMENDING THE CONFLICT OF INTEREST CODE OF RECLAMATION DISTRICT NO. 800 WHEREAS, the Political Reform Act, Government Code sections 81000 et seq. , requires state and local government agencies to adopt and promulgate Conflict of Interest Codes; WHEREAS, Reclamation District No. 800 ( "District") adopted a Conflict of Interest Code which was approved by the Contra Costa County Board of Supervisors on March 21, 1978; WHEREAS, Government Code section 87306 . 5 provides that in each even-numbered year local agencies having Conflict of Interest Codes must review their codes for updating; WHEREAS, the Fair Political Practices Commission has adopted a regulation, section 18730 of Title 2 of the California Code of Regulations, which contains the terms of a standard conflict of interest code that can be adopted by reference by local government agencies; and WHEREAS, by repealing the existing Conflict of Interest Code and adopting by reference the standard conflict of interest code set forth in the regulation the District' s Conflict of Interest Code will always be up to date and in compliance with the law. NOW THEREFORE, BE IT RESOLVED AND IT IS HEREBY RESOLVED, by the Board of Trustees of Reclamation District No. 800 as follows : 1 . The existing Conflict of Interest Code of the District approved by the Contra Costa County Board of --!Supervisors on March 21, 1978 is hereby repealed; and 2 . The terms of section 18730 of Title 2 of the California Code of Regulations and any amendments thereto are hereby incorporated by reference and, along with Appendix "All specifying designated employees and disclosure categories, shall constitute the Conflict of Interest Code of the District . PASSED AND ADOPTED by the Board of Trustees of Reclama District No. 809 at a regular meeting thereof held on this ,--. ifn - day of QC#e) d- 1994, by the following vote, TO WIT: APPENDIX "A" DESIGNATED EMPLOYEES AND DISCLOSURE CATEGORIES 1 . The following shall be the designated employees under the Conflict of Interest Code of Reclamation District No. 800 : (a) Members of the Board (b) Manager (c) Candidates for (a) and (b) (d) Secretary (e) Engineer (f) Attorney (g) Consultant' 2 . The following shall be the disclosure categories for each designated employee : (a) Investments, business positions, and income from sources located in or doing business in the District . (b) Interests in real property located in the District, including property located within a two mile radius of any property owned or used by the District . (c) Investments, business positions, and sources of income of the type which: (1) Provide services, supplies, materials, machinery or equipment of the type utilized by the District . (2) Are subject to the regulatory, permit or licensing authority of the District. (3) Engage in land development, construction or the acquisition or sale of real property. (4) Engage in farming, real estate development, or an ownership, leasing or sale of real property in the District . ' Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation: The Board of Trustees or its designee may determine in writing that a particular consultant, although a "designated employee", is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The above written determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. AYES : NOES: 0 ABSTENTION: ABSENT: Q RECLAMATION DISTRICT NO. 800, a political subdivision of the State of California By:_ ATTEST: S NEUMILLER & BEARDSLEE A PROFESSIONAL CORPORATION•ATTORNEYS&COUNSELORS ESTABLISHED 1903 73649-20014 JOHN W STOVALL STOCKTON OFFICE: 509 W.WEBER AVE. STOCKTON,CA RECEIVED 95203-3166 (209)948-8200 (209)948-4910 Fax September .26, 1994 2 7 M MAILING ADDRESS: P.O.Box 20 STOCKTON,CAeom osupavwft 95201-3020 MODES7'O Clerk of-* the Board of Supervisors (209)577-8200 i.0iiL.1 a Castit County (209)577-4910 FAx 651 Pine Street, Room 106 Martinez ; CA 94553 Re: Reclamation District 800/ Conflict of Interest Code To Whom it May Concern: We are the attorneys for Reclamation District No. 800 ; pursuant' to the changes in the Fair Political Practices Act, we have reviewed the Conflict of Interest Code for that Reclamation District and have drafted appropriate amendments to conform with the new statutes . Unfortunately, these need to be presented to our Board of Trustees for their action before we can present them to the Board- of Supervisors for their consideration. Our Board willnot meet until October 6 , 1994 . We do in fact have a draft of these, but we will not be able to submit them to you by October 3 , 1994 , since our Board will not consider them until October 6, 1994 . I would respectfully request that we submit them to you on October 10 , 1994, after o,:r Board has considered them on October 6 . Thank ycu very much for your courtesy and cooperation. Ver rely our OH W. STOVALL A orney at Law JWS: jlk cc : Each.,Trustee F:\TRN\19199\C\RD800LBD.JWS 73649-20014/jlk/09/26/94/1 TO: BOARD OF SUPERVISORS FROM: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel DATE: October 26, 1994 SUBJECT: Amendment to Conflict of Interest Code of the West County Wastewater District of Contra Costa County SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Approve Amendment to the above named District's Conflict of Interest Code, as shown on the attached memorandum from said District. BACKGROUND/REASONS FOR RECOMMENDATIONS The District has amended its code and submitted the amendment to the Board for approval pursuant to Government Code sections 87306 and 87306.5. CONTINUED ON ATTACHMENT: YES SIGNATURE ���✓ _RECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMMENDATION OF BOARD COMMITTEEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON unu Q 4994 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT 3:77 TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Orig: County Counsel ATTESTEDNOV * 8 W cc: Clerk, Board of Supervisors PHIL BATCHELOR, CLERK OF W. Co. Wastewater District THE BOARD OF SUPERVISORS AND COUNTY ADMINISTR/IATOR BY , DEPUTY G• MAM/f b fb 4 a:\board.MAS • COUNTY COUNSEL'S OFF/CE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: October 26, 1994 To: Clerk, Board of Supervisors From: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel Re: Conflict of Interest Code of the West County Wastewater District of Contra Costa County Attached hereto are amendments to the Conflict of Interest Code for the above named entity. The amendments are approved as to form. Please place this matter on the Board of Supervisors ' agenda as requested by the entity. A draft Board order is likewise attached. MAM/f j b cc: Pat Williams, West County Wastewater District Attachments J-12m:\conflict.mem CLERK OF THE BOARD t, E Inter - Office Memo ccuwnt Coy m- CEL �OTTINEZ CALIF. TO: County Counsel DATE: 10/20/94 Attn: Mary Anne Mason Deputy County Counsel n FROM: Jeanne Maglio Chief Clerk ej SUBJECT: Proposed Change for Conflict of Interest Code By this memo is transmitted for your review the proposed change to the Conflict of Interest Code for West County Wastewater District Upon receipt of your recommendation, the -amended Code will be listed on the Board Agenda. jm Attachment cc: Pat Williams, Secretary to the Board W. County Wastewater District •� WEST COUNTY WASTEWATER DISTRICT 1 2910 Hilltop Drive Richmond,CA 94806-1974 ko A Public Agency Telephone(510)222-6700 Fax(510)222-3277 WILLIAM P.BRAGA GENERAL MANAGER October 18, 1994 ALFRED A.CABRAL BOARD ATTORNEY Mrs. Shirley Casillas RECEIVED- Contra Costa County Administration Building 651 Pine Street, Room 106 19 X994 Martinez, CA 94553 CLERK BOARD OF S+UPER%'�ISORS West County Wastewater District ... :CONTRA COS. Co. Conflict of Interest Code Dear Mrs. Casillas: The Board of Directors of the West County Wastewater District, at their October 18, 1994, board meeting, adopted the amended Conflict of Interest Code. Resolution No. 10-18-94A and the amended Conflict of Interest Code are submitted for review by the Contra Costa County Board of Supervisors' code reviewing body. Also enclosed is the executed Statement of Government Code Section 87306.5. Should you have any questions, please contact me at (510) 222-6700. Your cooperation in this matter is appreciated. Very truly yours, PAT WILLIAMS Secretary to the Board Enclosures (2) BOARD MEMBERS William S.Oliver,President Leonard L.Battaglia,Secretary Alfred M.Granzella George H.Schmidt James D.Stewart RETURN BY OCTOBER 3, 1994 TO: Clerk of the Board of Supervisors 651 Pine Street, Suite 106 Martinez, California 94553 SUBJECT: Statement for Government Code Section 87306.5 A. The Conflict of Interest Code for has been reviewed for the 1992-1994 review period and found that it does not need to be amended at this time. (OR) B. XX The proposed amendment to the Conflict of Interest Code for West County Wastewater District, 2910 Hilltop Drive, Richmond, California 94806 submitted to the code reviewing body, the Board of Supervisors, for approval. Your proposed amendment must accompany this form. Dated: October 18, 1994 PAT WILLIAMS, Secretary to the Board Completed By Agency: WEST COUNTY WASTEWATER DISTRICT Address: 2910 Hilltop Drive Richmond, CA 94806 Telephone No. : (510) 222-6700 THE FILING DATE FOR SUBMITTING THIS DOCUMENTS IS OCTOBER 31 1994 .. •. ! ,a 4 { �f c, f. q�p+T/�p� p rpv��g+ i p}� •. 1 p�l�p.g/+rp..n, :��p ;/� TTq�,�p•� t ,. . a•, ili7�iOLL'A EV[Y WF.',.b L1 G'tBOAAL'6F !Ydl ECTORS OF.:lII Ci9T VOVI'f d•L, _ - WASTEWATER DISTRICT, COUNTY OF COiTsA• COSTA', CALIFORNIA oLU.TtoN . o. 9 10 '1$ 94A t a.ADOPTING A14ENDED CONFLICT' OF IPiTEREST CODE MH YIE S o--pursuant:--to .Government-Code;-S,ect icon 87306.5,..,•[he Contra JGosta •County Raard af, , Supervisors,. -requires,! t,hnt in .each evens 'n*b# year, local ;."agencies . 'haying Conf ,ict of Ixiterest:, Gods: approved by :the Board ,of 3u,pnr4,isors, ~review codes •far updst�ng, and .- WtiEREFiS; the Diskr,act's Conflict of interest. Cade,, has heen:: updated..as required rind that said amended. Conflict..of 'Interest, ,Code l Is,'"attached .heret,v,' t ' ' .NOW, T1ILR FORE, 88• IT' 'RESOLVED that the Board of Directors of: the West County WastewA'er District, Contra Costa Count,y, ;Ca�liforn a$ hereby adopte thy, amended "Conflict of :Interest. Code. .. oregbing res,olut4 on I t3EEE135f CERTIFY 'Chat 'the :f" was duly acid re har:: y adopted bq ' the Baar'd of4. r b r Directors of; the'. West`, County Wastewater; Di's tr1ct,; ym a,•,' tF egu Contra Gosta,Gourat Cslifornc s a r 1:'ar meet 'thereof''held'4on. the 18th dey of 'j October ;.' k99ta, by •the. atlovit g .' f vaCe.a ,. '. ;• AYES Battaglia, Granaella;''Schmidt, S ewart, Oliver NOES. Noae y:, A$SEAIT e r Se, cretary of "the Boazd of Directors .' lest County �astewoter,District , Contra Costs, County, Galcfo'rcira,,, 1 :Y j r , CONFLICT OF INTEREST CODE OF THE WEST COUNTY WASTEWATER DISTRICT OF CONTRA COSTA COUNTY The agency designated above hereby submits the following Conflict of Interest Code to the reviewing body, Contra Costa County Board of Supervisors, for approval. Dated: October 18, 1994 WILLIAM S. 6LIVt'R,—F re ident West County Wastewater District L D L. BATTAGLIA Secretary_ West County Wastewater District Received on behalf of the code reviewing body, Contra Costa County Board of Supervisors: Dated: Clerk of the Board of Supervisors County of Contra Costa The following Conflict of Interest Code, having been submitted by the agency designated above, was approved by order of the code reviewing body on Other Action, (if any): • w CONFLICT OF INTEREST CODE FOR THE WEST COUNTY WASTEWATER DISTRICT OF CONTRA COSTA COUNTY The Political Reform Act, Government Code Section 81000, et seq., requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation, 2 Cal. Code of Regs. Section 18730, which contains the terms of a standard conflict of interest code. It can be incorporated by reference and may be amended by the Fair Political Practices Commission after public notice and hearings to conform to amendments in the Political Reform Act. Therefore, the terms of 2 Cal. Code of Regs. Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and, along with the attached Appendix in which members and employees are designated and disclosure categories are set forth, constitute the conflict of interest code of the West County Wastewater District of Contra Costa County. Designated employees shall file statements of economic interest with the agency who will make the statements available for public inspection and reproduction. (Gov. Code Section 81008). Upon receipt of the statements of the West County Wastewater District Directors and General Manager, the agency shall make and retain a copy and forward the original of these statements to the code reviewing body. Original statements for all other designated employees will be retained by the agency. APPENDIX EXHIBIT"A" Designated Positions 1. Directors 2. General Manager 3. District Counsel 4. District Engineer 5. Office Manager 6. District Inspector 7. Collection System Operations Supervisor 8. WPC Plant Superintendent EXHIBIT"B" Designated Positions Disclosure Categories 1. Directors 1 and 2 2. General Manager 1 and 2 3. District Counsel 1 and 2 4. District Engineer 2 5. Office Manager 2 6. District Inspector 1 and 2 7. Collection System Operations Supervisor 2 8. WPC Plant Superintendent 2 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"1" Must Report: Investments, interests in real property and income, and any business entity in which the person is a director, officer, partner, trustee, employee, or holds a position of management. Financial interests are reportable only if located within the West County Wastewater 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 any source and status as a director, officer, partner, trustee, employee, or holder of a management position in any business entity, which has within the last two years contracted, or foreseeably may contract, with the West County Wastewater District to provide services, supplies, materials, machinery, or equipment to the District. Adak i r� WEST COUNTY , WASTEWATER BISTRICT 2910 Hilltop Drive Richmond,CA 94806-1974 A Public Agency Telephone(510)222-6700 Fax(510)222-3277 WILLIAM P.BRAGA GENERAL MANAGER September 23, 1994 ALFRED A.CABRAL BOARD ATTORNEY DECEIVED Mrs. Shirley Casillas Contra Costa County SP z M IS Administration Building OF 651 Pine Street, Room 106 111 Martinez, CA 94553 rft.6 ,80ARD AZ!j" Conflict of Interest Code Review Dear Mrs. Casillas: This letter is a follow-up to our telephone conversation on this date, whereby it was agreed that the West County Wastewater District's amended Conflict of Interest Code would be submitted the week of October 17, 1994. This matter will be placed on the District's board agenda for approval on October 18, 1994, and then submitted to the County. I would like to thank you for cooperation in this matter. Please call should you have any questions. Very truly yours, PAT WILLIAMS Secretary to the Board BOARD MEMBERS William S.Oliver,President Leonard L.Battaglia,Secretary Alfred M.Granzella George H.Schmidt James D.Stewart TO: BOARD OF SUPERVISORS FROM: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel DATE: October 26, 1994 SUBJECT: Amendment to Conflict of Interest Code of the Stege Sanitary District SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Approve Amendment to the above named District's Conflict of Interest Code, as shown on the attached memorandum from said District. BACKGROUND/REASONS FOR RECOMMENDATIONS The District has amended its code and submitted the amendment to the Board for approval pursuant to Government Code sections 87306 and 87306.5. CONTINUED ON ATTACHMENT: YES SIGNATURE _RECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMME ATION OF BOARD COMMITTEEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Orig: County Counsel ATTESTED NOV 8 cc: Clerk, Board of Supervisors PHIL BATCHELOR, CLERK OF Stege Sanitary District THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY 'j , DEPUTY MAM/f b fb 4 a:\board.MAS COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: October 26 , 1994 To: Clerk, Board of Supervisors From: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel Re: Conflict of Interest Code of the Stege Sanitary District Attached hereto are amendments to the Conflict of Interest Code for the above named District. The amendments are approved as to form. Please place this matter on the Board of Supervisors ' agenda as requested by the District. A draft Board Order is likewise attached. MAM/f j b cc: Lawrence C. Rugaard Stege Sanitary District Attachments J-12m:\conflict.mem ® M �� CLERK OF THE BOARD COUNTY MARTINEZ UNSEL Inter - Office Memo CALIFTO: County Counsel DATE: 1013/94 Attn: Mary Anne Mason Deputy County Counsel n FROM: Jeanne Maglio Chief Clerk SUBJECT: Proposed Change for Conflict of Interest Code By this memo is transmitted for your review the proposed change to the Conflict of Interest Code for Stege Sanitary District Upon receipt of your recommendation, the amended Code will be listed on the Board Agenda. jm Attachment cc: Lawrence C. Rugaard Stege Sanitary District RETURN BY OCTOBER 3, 1994 TO: Clerk of the Board of Supervisors 651 Pine Street, Suite 106 Martinez, California 94553 SUBJECT: Statement for Government Code Section 87306. 5 A. The Conflict of Interest Code for has been reviewed for the 1992-1994 review period and found that it does not need to be amended at this time. (OR) . B. X The proposed amendment to the Conflict of Interest Code for STEGE SANITARY DISTRICT submitted to the code reviewing body, the Board of Supervisors, for approval. Your proposed amendment must accompany this form. Dated: SFPT_ 29, 1994 Completed awrence C. Rugaard District Manager Agency: STEGE S NIT Y DISTRICT Address: P.O. BOX 537 El Cerrito, CA 94530 Telephone No. : (510) 524-4668 THE FILING DATE FOR SUBMITTING THIS DOCUMENTS IS OCTOBER 3, 1994 RECEIVED S93090 CLEFT CON+RA COCA SOBS • . 1350 ORDINANCE NO. 1606-0994 AMENDING ORDINANCE NO. 1589-0494 CONFLICT OF INTEREST CODE OF THE STEGE SANITARY DISTRICT SECTION 100. Purpose. Pursuant to the provisions of the Government Code Sections 87300, et sed., the Board of Directors of Stege Sanitary District 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). 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. SIXTION 200. Designated Employees. The positions listed on Exhibit "A" are those of designated employees of the Stege Sanitary District. Officers and employees holding those positions are designated employees for the purpose of the Act and make, or participate in the making oi', decisions in which he/she may foreseeably have a conflict of interest as described in Section 400 below. SEC'T'ION 300. Disclosure Statements. Designated employees 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 designated employee's position is assigned. SECTION 300.1 Place and "Time ofFiling. (a) All designated employees required to submit a statement of financial interests shall file the original with the Secretary of the Board of Directors. (b) In the case of designated employees, the Secretary of the Board of Directors shall make and retain a copy of each statement and forward the original.to the Clerk of the Board of Supervisors of Contra Costa County. (c) All designated employees employed on the effective date of this Code, as originally adopted, promulgated and approved by the code reviewing body, shall file initial statements within thirty days after the effective date of this Code. 'thereafter, each person already in a position when the position is newly designated by an amendment to this Code shall file an initial statement within thirty days after the effective date of the amendment. Designated employees appointed, promoted or transferred to designated positions shall file initial statements within 30 days after date of appointment, promotion or transfer. i • 1351 (d) Annual statements shall be filed during the month of April 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. SECTION 300.2 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 one 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 filed utilizes exclusively as the personal residence of the filer. (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. Li the case of a gift received 1352 through an intermediary, the name, address, and business activity of both the donor and (lie 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 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, designated employee, or in which they hold any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (e) 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 a designated employee already in a position when it is designated by • 0 1353 amendment to this Code or by a designated 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. (f) Acquisition or Disposal During Reporting`Period: In the case of a statement filed under Section 300, if the investment,or interest in real property, was partially or wholly acquired or disposed of during the period covered by the statement it shall include the date of acquisition or disposal. SECTION 400. Conflict of Interest. A designated employee has a conflict of interest when all of the following occur: (a) The designated employee makes, participates in discussions leading to, or uses his or her official position to influence a governmental decision; (b) The decision will affect or it is foreseeable that the decision will affect the economic interest of the designated employee or the designated employee's immediate family; (c) The effect of the decision:on the economic interest of the designated employee or the designated employee's immediate family will be material; (d) The effect of the decision on the economic interest of the designated employee or the designated employee's immediate family will be distinguishable from its effect on the public generally. SECTION 500. Disqualification. Designated employees must disqualify themselves from making or participating in the making of any decisions or using their official position to influence the making of any decision in which they have a reportable financial interest when it is reasonably foreseeable that such interest may be materially affected by the decision or when a conflict of interest exists as described in Section 400. above. 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. 1354 EXHIBIT "A" DESIGNATED EMPLOYEES: DISCLOSURE CATEGORY Members of Board of Directors 1&2 Secretary of the Board 1&2 District Manager/Engineer 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 official by virtue of the official's position. Designated Employees in Category "l" must report: All investments, interests in real property, income, and any business entity in which the person is a director, officer, partner, trustee, designated 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 official) 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 any source and status as a director, officer, partner, trustee, designated 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. This Ordinance is ordered published at least once in a daily newspaper of general circulation in the Stege Sanitary District and shall take effect after expiration of the week of publication. 1355 STATE OF CALIFORNIA) COUNTY OF CONTRA COSTA) I HEREBY CERTIFY that the foregoing Ordinance was duly and regularly adopted by the Board of Directors of the Stege Sanitary District, at a regular scheduled meeting thereof, held on the 22th day of September, 1994 by the following vote, to wit: AYES: BOARD MEMBERS: Andrew, James, Miller, O'Keefe, West NOES: BOARD MEMBERS: None ABSENT: BOARD MEMBERS: None %DONALD C. WEST, JR., President Stege Sanitary District Contra Costa County, California ATTEST: XA*NCE C. RUGAAR , cretary Stege Sanitary District - 4 TO: BOARD OF SUPERVISORS FROM: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel DATE: October 26, 1994 SUBJECT: Amendment to Conflict of Interest Code of the Central Contra Costa Transit Authority SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Approve amendment of Exhibit A to the above named Authority' s Conflict of Interest Code, as shown on the attached memorandum from said Authority. BACKGROUND/REASONS FOR RECOMMENDATIONS The Authority has amended its code and submitted the amendment to the Board for approval pursuant to Government Code sections 87306 and 87306 .5 . CONTINUED ON ATTACHMENT: YES SIGNATURE/�, RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS / I HEREBY CERTIFY THAT THIS IS A J UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Orig: County Counsel ATTESTED MV " 8 ft cc: Clerk, Board of Supervisors PHIL BATCHELOR, CLERK OF Central C.C. Transit Authority THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY s� l '� ea QIIA.� , DEPUTY MAM/f j b fb4 mam:a:\board.trn COON, COUNSEL'S OFF/CE ONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: October 26 , 1994 To: Clerk, Board of Supervisors From: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel Re: Conflict of Interest Code of the Central Contra Costa Transit Authority Attached hereto are amendments to the Conflict of Interest Code for the above named Authority. The amendments are approved as to form. Please place this matter on the Board of Supervisors ' agenda as requested by the Authority. A draft Board order is attached. MAM:f j b cc: Robert G. Patrick Central Contra Costa Transit Authority Attachments FJB 3-93 a:\conflict.aut CLERK OF THE BOARD Inter - Office Memo TO: County Counsel• t se DATE: 9/19/94 ?ia7Pr -y Attn: Mary Anne Mason ».E Deputy County Counsel FROM: Jeanne Maglion couly N Co L MARTIIVZZ CAUF. Chief Clerk SUBJECT: Proposed Change for Conflict of Interest Code By this memo is transmitted for your review the proposed change to the Conflict of Interest Code for Central Contra Costa Transit Authority Upon receipt of your recommendation, the amended Code will be listed on the Board Agenda. jm Attachment cc: Robert C. Patrick Central C.C. Transit Authority RETURN BY OCTOBER 3, 1994 TO: Clerk of the Board of Supervisors 651 Pine Street, Suite 106 Martinez, California 94553 SUBJECT: Statement for Government Code Section 87306.5 A. The Conflict of Interest Code for has been reviewed for the 1992-1994 review period and found that it does not need to be amended at this time. (OR) B. x The proposed amendment to the Conflict of Interest Code for the Central Contra Costa Transit Authority submitted to the code reviewing body, the Board of Supervisors, for approval. Your proposed amendment must accompany this form. Dated: September 16, 1994 ~ Completed By Robert C. ..Patr.ick Agency: Central Contra Costa Transit Authority Address: 2477 Arnold Industrial Wax Concord, CA 94520-5327 Telephone No. : 676-1976 THE FILING DATE FOR SUBMITTING THIS DOCUMENTS IS OCTOBER 3, 1994 J ABSTRACT RESOLUTION 94-008 By this resolution, the Board of Directors amends CCCTA's Conflict of Interest Code (Code) to update the listing of designated employees who must make disclosures under the Code due to the recent reorganization of personnel and to reflect the changed filing requirements for the Assistant General Manager as the employee who manages investments for CCCTA. RESOLUTION 94008 CENTRAL CONTRA COSTA TRANSIT AUTHORITY BOARD OF DIRECTORS Whereas, the County of Contra Costa and the Cities of Clayton, Concord, the Town of Danville, Lafayette, Martinez, the Town of Moraga, Orinda, Pleasant Hill, San Ramon and Walnut Creek, (hereinafter "member jurisdictions") have formed the Central Contra Costa Transit Authority (CCCTA), a joint exercise of powers agency created under California Government Code Sections 6500 et sea., for the joint exercise of certain powers to provide coordinated and integrated public transportation services within the area of such member jurisdictions; and Whereas, on June 16, 1988, CCCTA adopted a First Amended Conflict of Interest Code (Code) incorporating the standard code contained at 2 California Code of Regulations § 18730 and revised said Code on August 2, 1988, on October 15, 1992, and on December 15, 1992; and Whereas, pursuant to Govt. Code § 87306.5, the Fair Political Practices Commission (FPPC) has now required that every public agency within the State review and, if necessary, amend its Conflict of Interest Code biennially to bring it into accordance with the law; and Whereas, due to the recent reorganization of personnel, the listing of designated employees on Appendix A to the Code must be revised to accurately reflect the current titles of employees subject to the disclosure requirements; and Whereas, pursuant to the recent addition of Regulation 18720 to 2 California Code of Regulations, the Assistant General Manager, as the employee who manages CCCTA's investments, is subject to new disclosure requirements, and thus must be deleted from Appendix A to CCCTA's Code. Further, Appendix C indicating these new disclosure requirements for said employee must be added to CCCTA's Code; and Whereas, pursuant to 2 California Code of Regulations § 18752, these revisions to CCCTA's Code are non-substantive amendments which do not require public notice or comment; and 1 Whereas, with the aid of its staff, the Board of Directors has reviewed the proposed amendment to Appendix A and addition of Appendix C to CCCTA's Code, which is attached hereto in its entirety, identified as CCCTA's Second Amended Conflict of Interest Code and incorporated herein. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors .of the Central Contra Costa Transit Authority that the attached Second Amended Conflict of Interest Code be adopted as CCCTA's Conflict of Interest Code. BE IT FURTHER RESOLVED that the General Manager, or his designee, is authorized to transmit CCCTA's Second Amended Conflict of Interest Code to the Contra Costa County Board of Supervisors as the code reviewing agency for CCCTA. This resolution was entered into by the Board of Directors of the Central Contra Costa Transit Authority this 15th day of September 1994. CENTRAL CONTRA COSTA TRANSIT AUTHORITY Sherry Ste ett, Chair Dabel, Dessayer, Farley, Kendall, Lane, AYES: Rosas, Schroder, Sterrett NOES: None ABSENT: Boom, Uilkema, Wolfe ABSTAIN: None ATTEST: Hilda Luoma, Clerk 94-008.res 2 SECOND AMENDED CONFLICT OF INTEREST CODE FOR THE CENTRAL CONTRA COSTA TRANSIT AUTHORITY (CCCTA) The Political Reform Act, Government Code Sections 81000, Cl Wg', requires State and local government agencies to adopt and promulgate Conflict of Interest Codes. Pursuant to Government Code Section 82041, the CCCTA is a local government agency for the purposes of the Political Reform Act. The Fair Political Practices Commission has adopted a regulation, 2 Cal. Adm. Code Section 18730, which contains the terms of a standard Conflict of Interest Code which can be incorporated by reference, and which may be amended by the Fair Political Practices Commission to conform to amendments by the Political Practices Commission in the Political Reform Act after public notice and hearings. The terms of 2 Cal. Adm. Code Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission, along with the attached Appendices, in which officials and employees are designated and disclosure categories are set forth, are hereby incorporated by reference and constitute the Conflict of Interest Code of the Central Contra Costa Transit Authority. Designated employees shall file statements of economic interests pursuant to Section 4(A) of the Code. The General Manager shall identify the CCCTA staff person with whom statements shall be filed. Upon receipt of the statements of the CCCTA Board of Directors, the agency shall make and retain a copy and forward the original of these statements to the Contra Costa County Board of Supervisors. Upon receipt of statements from all other designated CCCTA employees, the CCCTA staff per-son shall retain the original in the CCCTA files. Interpreting this Conflict of Interest Code, the substance and breadth of disclosure is to be consistent with and not to exceed existing law and pertinent regulations. i APPENDIX A DESIGNATED EMPLOYEES Members of the CCCTA Board of Directorsl/ Alternate Members of the CCCTA Board of Directorsl/ General Managerl/ Director of Operationsl/ Manager of Accessible Services and Legislationl/ Payroll/Benefits/Risk Managerl/ Legal Counsell/ Consultants* * With respect to Consultants, the General Manager or the CCCTA Board of Directors may determine in writing that a particular consultant is hired to perform a range of duties that are limited in scope and thus is not required to comply with the disclosure requirements described in these categories. Such determination shall include a description of the consultant's duties, and, based upon that description, a statement of the extent of disclosure requirements. The General Manager shall forward a copy of this determination to the Clerk of the Board of Supervisors. Nothing herein excuses any such consultant from any other provision of this Conflict of Interest Code. -2- 0 APPENDIX B DISCLOSURE CATEGORIES Category 1 All investments and sources of income. All interests in real property located in whole or in part within or not more than two (2) miles outside of the boundaries of the CCCTA service area. Catezory 2 Investments in business entities or income from sources which, within the past two (2) years, have contracted with the CCCTA in an area of responsibility lying under the designated employee's control or jurisdiction to provide services, supplies, materials, machinery, or equipment. Interests in real property located in whole or in part within, or not more than two (2) miles outside of, the boundaries of the CCCTA service area. Catezory 3 Investments in business entities for income from sources which, within the past two (2) years, have contracted with the CCCTA in an area of responsibility lying under the designated employee's control or jurisdiction to provide services, supplies, materials, machinery, or equipment. -3- APPENDIX C OFFICIALS WHO MANAGE PUBLIC INVESTMENTS It has been determined that the position listed below manages pubic investments and will file the Form 721 Statement of Economic Interest: Assistant General Manager -4- . : . . *Do � ADMINISTRATIVE OFFICES CUSTOMER SERVICE/ 2477 ARNOLD INDUSTRIAL WAY TRANSPORTATION CENTER CONCORD,CA 94520-5327 1990 N.CALIFORNIA BLVD,SUITE 100 (510)676-1976 WALNUT CREEK,CA 94596-3739 (FAX)(510)687-7306 (510)676-7500 (FAX)(5 10)932-1478 September 16, 1994 Jeanne O. Maglio, Chief Clerk Contra Costa County Board of Supervisors 651 Pine Street, Room 106 Martinez, CA 94553 Dear Ms. Maglio: Pursuant to your letter of June 30, 1994, the Central Contra Costa Transit Authority (CCCTA) has reviewed and amended its Conflict of Interest Code. Enclosed are the following documents. • Statement indicating the proposed amendment is submitted to the Board of Supervisors for approval. • Resolution No. 94-008 approved by the CCCTA Board of Directors on September 15, 1994. • Second Amended Conflict of Interest Code. The attached Appendix A was updated to reflect the current titles of employees subject to disclosure requirements and Appendix C was added to indicate the new disclosure requirements for the Assistant General Manager. If you have any questions regarding the above, you can reach me at 676-1976, extension 223. Thank you for your assistance. Very truly yours, Janet Madrigal CCCTA Filing Officer Enclosures c: Barbara Lesser Moy & Lesser A.G.DESSAYER SHERRY STERRETT ROBERT KENDALL LOU ROSAS ROBERT SCHRODER BEVERLY LANE CHAIR VICE CHAIR City of Clayton City of Concord Contra Costa County Town of Danville Town of Moraga City of Pleasant Hill GAYLE B.UILKEMA TIMOTHY FARLEY WILLIAM DABEL PATRICIA BOOM RON BEAGLEY ROBERT C.PATRICK,JR City of Lafayette City of Martinez City of Orinda City of San Ramon City of Walnut Creek GENERAL MANAGER CENTRAL CONTRA • ♦ TRANSITAUTHORITY TO: BOARD OF SUPERVISORS FROM: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel DATE: October 25, 1994 SUBJECT: Amendment to Conflict of Interest Code of the Moraga School District of Contra Costa County SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Approve Amendment to the above named District's Conflict of Interest Code, as shown on the attached memorandum from said District. BACKGROUND/REASONS FOR RECOMMENDATIONS The District has amended its code and submitted the amendment to the Board for approval pursuant to Government Code sections 87306 and 87306.5. CONTINUED ON ATTACHMENT: YES SIGNATURE _RECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMMEN ATION OF BOARD COMMITTEEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED__,,,-- OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT rlG TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Orig: County Counsel ATTESTED NOY 6 144 cc: Clerk, Board of Supervisors PHIL BATCHELOR, CLERK OF Moraga School District THE BOARD OF SUPERVISORS AND .COUNTY ADMINISTRATOR BY _ �n 1_Q I� , DEPUTY MAM/fjb fb 4 a:\board.MAS COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: October 25, 1994 To: Clerk, Board of Supervisors From: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel Re: Conflict of Interest Code of the Moraga School District of Contra Costa County Attached hereto are amendments to the Conflict of Interest Code for the above named entity. The amendments are approved as to form. Please place this matter on the Board of Supervisors ' agenda as requested by the entity. A draft Board order is likewise attached. MAM/f j b cc: Margaret Cullison Moraga School District Attachments J-12m:\conflict.mem CLERK OF THE BOARD Inter - Office Memo TO: County Counsel DATE: 9/23/94 Attn: Mary Anne Mason Deputy County Counsel n FROM: Jeanne Maglio Chief Clerk SUBJECT: Proposed Change for Conflict of Interest Code By this memo is transmitted for your review the proposed change to the Conflict of Interest Code for Moraga School District Upon receipt of your recommendation, the amended Code will be listed on the Board Agenda. jm Attachment cc: Margaret Cullison Moraga School District RETURN BY OCTOBER 3, 1994 TO: Clerk of the Board of Supervisors 651 Pine Street, Suite 106 Martinez, California 94553 SUBJECT: Statement for Government Code Section 87306.5 A. The Conflict of Interest Code for has been reviewed for the 1992-1994 review period and found that it does not need to be amended at this time. (OR) B. x The proposed amendment to the Conflict of Interest Code for %raga School District submitted to the code reviewing body, the Board of Supervisors, for approval. Your proposed amendment must accompany this form. Dated: 9/21/94 Margaret Cullison Completed By Agency: Moraga School District Address: P.O. Box 158 T.braga, CA 94556 Telephone No. : 510/376-8130, ext. 12 THE FILING DATE FOR SUBMITTING THIS DOCUMENTS IS OCTOBER 3, 1994 �C������r lECEI VED SEP 2 2 CSR CONTRA DRAFT MORAGA SCHOOL DISTRICT GOVERNING BOARD POLICY HANDBOOK 033 . 1 CONFLICT OF INTEREST CODE OF THE MORAGA SCHOOL DISTRICT OF CONTRA COSTA COUNTY Governing Board members and designated employees shall adhere to the District Conflict of Interest Code adopted pursuant to the provisions of Government Code 87300 . The District Conflict of Interest Code shall comprise the terms of the California Code of Regulations, Title 2, Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission, together with District exhibits specifying designated positions and disclosure categories . Governing Board members and designated employees shall submit statements of economic interests to the District in accordance with requirements of the Conflict of Interest Code. These statements shall be filed pursuant to Government Code 87500 . Governing Board members shall not be financially interested in any contract made by the Board or in any contract they make in their capacity as Board members. (Government Code 1090) A Governing Board member shall not be deemed to be financially interested in a contract if he/she has only a remote interest in the contract . A remote interest shall be any of those defined in Government Code 1091, including the interest of a parent in the earnings of his/her minor child. A Governing Board member who has a remote interest in any contract considered by the Board shall disclose his/her interest during a Board meeting and have this disclosure noted in the official Board minutes . The affected Board member shall not vote or debate on the matter or attempt to influence any other Board member to enter into the contract . (Government Code 1091) A Governing Board member shall not be considered to be financially interested in a contract if any. of the exceptions set forth in Government Code 1091 . 5 apply. A Governing Board member shall not be deemed to be financially interested in a contract between the Board member' s spouse and the District provided the contract concerns the same employment as that held by the employee when the employee ' s spouse became a Board member, and provided the Board member' s spouse has been employed by the District in that same position for a least one year prior to the Board member' s election or appointment. (Government Code 1091 . 5 and 69 Ops . Cal . Atty. Gen. 255) Policy 033 . 1 continued page 2 Governing Board members shall not engage in any employment or activity which is inconsistent with, incompatible with, in conflict with or inimical to the Board member' s duties as an officer of the District . (Government Code 1126) The Political Reform Act, Government Code Section 81000, et seq. , requires state and local government agencies to adopt and promulgate conflict of interest codes . The Fair Political Practices Commission has adopted a regulation, 2 Cal . Code of Regs . , Section 18730, which contains the terms of a standard conflict of interest code. It can be incorporated by reference and may be amended by the Fair Political Practices Commission after public notice and hearings to conform to amendments in the Political Reform Act . Therefore, the terms of 2 Cal . Code of Regs . Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and, along with the attached Exhibit A in which members and employees are designated and disclosure categories are set forth, constitute the conflict of interest code of the Moraga School District. Designated employees shall file statements of economic interests with the agency who will make the statement available for public inspection and reproduction. (Gov. Code Section 81008) . Upon receipt of the statements of the Governing Board and Superintendent, the agency shall make and retain a copy and forward the original of these statements to the Board of Supervisors of Contra Costa County. Statements for all other designated employees will be retained by the agency. Policy 033 . 1 continued page 3 Exhibit A Disclosure Category Members of Governing Board 1 and 2 Superintendent 1 and 2 Assistant Superintendent 1 and 2 Coordinator of Fiscal Services 1 and 2 Principals 1 and 2 Purchasing Agent 2 Director of Buildings and Grounds 2 Psychologist 2 Librarian 2 Policy 033 . 1 continued page 4 Exhibit B Disclosure Categories Category 1 Designated persons in this category must report : a. Interests in real property located entirely or partly within District boundaries, or within two miles of District boundaries or of any land owned or used by the District . Such interests include any leasehold, beneficial or ownership interest or option to acquire such interest in real property. b. Investments or business positions in or income from sources which: 1 . are engaged in the acquisition or disposal of real property within the District . 2 . are contractors or subcontractors which are or have been within the past two years engaged in work or services of the type used by the District, or 3 . manufacture or sell supplies, books, machinery or equipment of the type used by the District . Category 2 Designated persons in this category must report investments or business positions in or income from sources which: a. are contractors or subcontractors engaged in work or services of the type used by the department which the designated person manages or directs, or b. manufacture or sell supplies, books, machinery or equipment of the type used by the department which the designated person manages or directs . For the purposes of this category, a principal ' s department is his/her entire school . Notice: Investments include any financial interest in or security issued by a business entity, including but not limited to common stock, preferred stock, rights, warrants, options, debt instruments, and any partnership interest or other ownership interest . (Government Code 82034) Investments do n&include 1) a time or demand deposit in a financial institution, shares in a credit union, any insurance policy, or any bond or other debt instrument issued by any government or government agency: 2) assets with a fair market value of less than one thousand dollars . (Government Code 82034) . • • 1' 9 , TO: BOARD OF SUPERVISORS FROM: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel DATE: October 25, 1994 SUBJECT: Amendment to Conflict of Interest Code of the Acalanes Union High School District SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Approve Amendment of Attachment A to the above named District's Conflict of Interest Code, as shown on the attached memorandum from said District. BACKGROUND/REASONS FOR RECOMMENDATIONS The District has amended its code and submitted the amendment to the Board for approval pursuant to Government Code sections 87306 and 87306.5. CONTINUED ON ATTACHMENT: YES SIGNATURE _ LIC/,J _ _RECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMMEN ATION OF BOARD COMMITTEEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON NOV f2 1994 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT 4�L TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Orig: County Counsel ATTESTED NOV 81994 cc: Clerk, Board of Supervisors i. PHIL BATCHELOR, CLERK OF Acalanes Union High School District THE BOARD OF SUPERVISORS AND COUNTY ADM//I��NISTR/nAT�nOR BY L_Fi e �[Sl , DEPUTY MAM/qb fb 4 a:\board.MAS COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: October 26 , 1994 To: Clerk, Board of Supervisors From: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel Re: Conflict of Interest Code of the Acalanes Union High School District Attached hereto are amendments to the Conflict of Interest Code for the above named District. The amendments are approved as to form. Please place this matter on the Board of Supervisors ' agenda as requested by the District. A draft Board Order is likewise attached. MAM/f j b cc: Joanne Haukland, Ph.D Acalanes Union High School District Attachments J-12m:\conflict.mem CLERK OF THE BOARD Inter - Office Memo TO: County Counsel DATE: 9/20/94 19934 Attn: Mary Anne Mason OU 3 Deputy Count Counsel MARTIY ZCA .- County MARTIfVcZ CALi F. n FROM: Jeanne Maglio. Chief Clerk SUBJECT: Proposed Change for Conflict of Interest Code By this memo is transmitted for your review the proposed change to the Conflict of Interest Code for Acalanes Union High School District Upon receipt of your recommendation, the amended Code will be listed on the Board Agenda. jm Attachment cc: Joanne Haukland, Ph.D Acalanes Union High School District RECEIVED SEP 2 U 094 RETURN BY OCTOBER 3, 1994 TO: Clerk of the Board CLERK 8OARDOFS S of Supervisors CONTRA COSTA CO. 651 Pine Street, Suite 106 Martinez, California 94553 SUBJECT: Statement for Government Code Section 87306. 5 A. The Conflict of Interest Code for has been reviewed for the 1992-1994 review period and found that it does not need to be amended at this time. (OR) B. The proposed amendment to the Conflict of Interest Code for submitted to the code reviewing body, the Board of Supervisors, for approval. Your proposed amendment must accompany this form. Dated: 9/16/94 Joanne Haukland, Ph.D Completed By Agency: Acalanes union High School District Address: 1212 P1 Pasant Hill Road Lafayette, CA 94549 Telephone No. : _510-942-9624 THE FILING DATE FOR SUBMITTING THIS DOCUMENTS IS OCTOBER 3, 1994 E 9270 (-J ) ATTACHMENT A DESIGNATED POSITIONS I . Persons occupying the following positions are designated employees and must disclose financial _nteres-s defined in Category 1, Attachment B. Governing Board Members Superintendent of Schools Assistant/Associate Superintendents District Business Administrator Accounting Supervisor Purchasing Supervisor Consultants Attorney The Superintendent or designee may determine in writing that a particular consultant, although in a "designated position, " is hired to perform a limited range of duties and thus not required to fully comply with disclosure requirements. The Superintendent's written determination shall include a rf description of the consultant's duties and a statement of the extent of disclosure requirements based upon that description.`.: This determination is a public record and shall be retained for public inspection along with this conflict of interest code. II . Persons occupying the following positions are designated employees and must disclose financial interests defined in Category 2 , Attachment B. Directors of Adult Education Principals Maintenance and Operations Director �_ TO: BOARD OF SUPERVISORS FROM: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel DATE: October 25, 1994 SUBJECT: Amendment to Conflict of Interest Code of the John Swett Unified School District SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Approve Amendment of Attachment A to the above named District's Conflict of Interest Code, as shown on the attached memorandum from said District. BACKGROUND/REASONS FOR RECOMMENDATIONS The District has amended its code and submitted the amendment to the Board for approval pursuant to Government Code sections 87306 and 87306.5. CONTINUED ON ATTACHMENT: YES SIGNATURE /�6C' / C /,G�Q/✓�--�— _RECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMMENDATION OF BOARD COMMITTEEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON N U Y N 19CU APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS / I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Orig: County Counsel ATTESTED NOV 81994 cc: Clerk, Board of Supervisors PHIL BATCHELOR, CLERK OF John Swett Unif. School Dist. THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY �I _ A as U / , DEPUTY MAM/fib fb 4 a:\board.MAS COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: October 26, 1994 To: Clerk, Board of Supervisors From: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel Re: Conflict of Interest Code of the John Swett Unified School District Attached hereto are amendments to the Conflict of Interest Code for the above named District. The amendments are approved as to form. Please place this matter on the Board of Supervisors ' agenda as requested by the District. A draft Board Order is likewise attached. MAM/f j b cc: Jon Frank, Superintendent John Swett Unified School District Attachments J-12m:\conflict.mem CLERK OF THE BOARD T ' Inter - Office Memo MA'4 N62 CgCIF L TO: County Counsel DATE: 10/3/94 Attn: Mary Anne Mason Deputy County Counsel n FROM: Jeanne Maglio Chief Clerk SUBJECT: Proposed Change for Conflict of Interest Code By this memo is transmitted for your review the proposed change to the Conflict of Interest Code for John Swett Unified School District Upon receipt of your recommendation, the amended Code will be listed on the Board Agenda. jm Attachment cc: Jon Frank John Swett Unified School District RETURN BY OCTOBER 3, 1994 TO: Clerk of the Board of Supervisors 651 Pine Street, Suite 106 Martinez, California 94553 SUBJECT: Statement for Government Code Section 87306.5 A. The Conflict of Interest Code for John Swett Unified School. District has been reviewed for the 1992-1994 review period and found that it does not need to be amended at this time. (OR) B. xx The proposed amendment to the Conflict of Interest Code for John Swett Unified School District submitted to the code reviewing body, the Board of Supervisors, for approval. Your proposed amendment must accompany this form. Dated: September 29, 1994 Jon Frank, Superintendent Completed By Agency: John Swett Unified School District Address: 341 B Street Crockett, CA 94525 Telephone No. : (510) 787-2355 THE FILING DATE FOR SUBMITTING THIS DOCUMENTS IS OCTOBER 31 1994 RECEIVED =SEP3o ?�{sJRS CLERK BOARD Attachment A DESIGNATED POSITIONS I. Persons occupying the following positions are designated employees and must disclose financial interests in Category I, Attachment B. Governing Board Members Superintendent of Schools Director of Fiscal Services The Superintendent may determine in writing that a particular consultant, although in a "designated position," is hired to perform a limited range of duties and thus not required to fully comply with disclosure requirements. The Superintendent's written determination shall include a description of the consultant's duties and a statement of the extent of disclosure requirements based upon that description. This determination is a public record and shall be retained for public inspection along with this conflict of interest code. II. Persons occupying the following positions are designated employees and must disclose financial interests defined in Category 2 of Attachment B. Principals Director of Special Education Director of Maintenance, Operations and Transportation GOVERNING BOARD GAIL NICHOLS, PRESIDENT JAMES DELG AD ILLO, CLERK LYNN Johfl fl6vettCool Di8trid AL JUSAITIS ZOE LIGHTY 341 B Street (Selby) • CROCKETT, CALIFORNIA 94525 (510) 787-2355 PATRICIA MURPHY STEVE PALMER JON FRANK, September 29, 1994 SUPERINTENDENT OF SCHOOLS Phil Batchelor, Clerk Board of Supervisors and County Administrator 651 Pine Street, Suite 106 Martinez, CA 94553 Re: Conflict of Interest Code Review Dear Mr. Batchelor: Enclosed you will find our Statement for Government Code Section 87306.5 with a revised "Attachment A" to our Conflict of Interest Code. We have added Director of Special Education to the designated list of filers. Please call if other information is needed. Sincerely, rent of Schools TO: BOARD OF SUPERVISORS FROM: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel DATE: October 25, 1994 SUBJECT: Amendment to Conflict of Interest Code of the Orinda Union School District SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Approve Amendment of Exhibit A to the above named District's Conflict of Interest Code, as shown on the attached memorandum from said District. BACKGROUND/REASONS FOR RECOMMENDATIONS The District has amended its code and submitted the amendment to the Board for approval pursuant to Government Code sections 87306 and 87306.5. CONTINUED ON ATTACHMENT: YES SIGNATURE _RECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMMEN16ATION OF BOARD COMMITTEEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON NUV 8 1994 APPROVED AS RECOMMENDED__Z OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT 37-- TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Orig: County Counsel ATTESTED NOV 8199 cc: Clerk, Board of Supervisors PHIL BATCHELOR, CLERK OF Orinda Union School District THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY ( �, Q�,_ , DEPUTY MAM/fjb fb 4 a:\board.MAS I COUNTS'COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: October 26 , 1994 To: Clerk, Board of Supervisors From: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel "� � Re: Conflict of Interest Code of the Orinda Union School District Attached hereto are amendments to the Conflict of Interest Code for the above named District. The amendments are approved as to form. Please place this matter on the Board of Supervisors' agenda as requested by the District. A draft Board order is likewise attached. MAM/f jb cc: Lois E. Schroeder Orinda Union School District Attachments J-12:a:\conflict.mem CLERK OF THE BOARD Inter - Office Memo TO: County Counsel DATE: October 14, 1994 Attn: Mary Anne Mason Deputy County Counsel _ FROM: Jeanne Maglio you •aoYcou;�,.. Chief Clerk MARTINE2CrgLi � SUBJECT: Proposed Change for Conflict of Interest Code By this memo is transmitted for your review the proposed change to the Conflict of Interest Code for Orinda Union I;rhnnl ni Gtri rt . Upon receipt of your recommendation, the amended Code will be listed on the Board Agenda. jm Attachment cc: Lois E. Schroeder, Orinda Union School District RETURN BY OCTOBER 3, 1994 TO: Clerk of the Board of Supervisors 651 Pine Street, Suite 106 Martinez, California 94553 SUBJECT: Statement for Government Code Section 87306. 5 A. The Conflict of Interest Code for has been reviewed for the 1992-1994 review period and found that it does not need to be amended at this time. (OR) B. X The proposed amendment to the Conflict of Interest Code for Orinda Union School District 8 Altarinda Road, Orinda, CA 94563 submitted to the code reviewing body, the Board of Supervisors, for approval. Your proposed amendment must accompany this form. Dated: October 12, 1994 Lois E. Schroeder Completed By Agency: Orinda Union School District Address: 8 A 1 to r i nda Road Orinda, CA 94563 Telephone No. : (510) 254-4901 THE FILING DATE FOR SUBMITTING THIS DOCUMENTS IS OCTOBER 3, 1994 RECEIV Wr 13 CLERK BOARD OF SUPF'L`t'URS CONTRA COSTA]C'O- Orinda Union School District Orinda California To: Shirley Casillias From: Lois E. Schroeder Subject: CONFLICT OF INTEREST CODE REVIEW Enclosed is a revision to the Conflict of Interest Code for the Orinda Union School District. The revision consists of the inclusion of "Business Manager" in Exhibit "A" on page five of our code. EXHIBIT "A" Designated positions Disclosure category Governing Board Members 1 and 2 Superintendent 1 and 2 Business Manager 1 and 2 Directors 1 and 2 Principals 1 and 2 Coordinators 1 and 2 Supervisors 1 and 2 District Media Clerk 3 (P) and (Q) Any employee involved with a publisher or 3 (P) vendor of books or educational materials on a royalty, consultant basis, or stock holder. TO: BOARD OF SUPERVISORS FROM: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel DATE: October 25, 1994 SUBJECT: Amendment to Conflict of Interest Code of the San Ramon Valley Unified School District of Contra Costa County SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Approve Amendments of Exhibits A and B to the above named District's Conflict of Interest Code, as shown on the attached memorandum from said District. BACKGROUND/REASONS FOR RECOMMENDATIONS The District has amended its code and submitted the amendment to the Board for approval pursuant to Government Code sections 87306 and 87306.5. CONTINUED ON ATTACHMENT: YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMMEN ATION OF BOARD COMMITTEEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON NU ti 1.4% APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Orig: County Counsel ATTESTED NOV : 819% cc: Clerk, Board of Supervisors PHIL BATCHELOR, CLERK OF San Ramon Valley School Dist. THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY XL, �Cl/�a , DEPUTY MAM/fjb fb 4 a:\board.MAS COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: October 26, 1994 To: Clerk, Board of Supervisors From: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel Re: Conflict of Interest Code of the San Ramon Valley Unified School District Attached hereto are amendments to the Conflict of Interest Code for the above named District . The amendments are approved as to form. Please place this matter on the Board of Supervisors ' agenda as requested by the District. A draft Board Order is likewise attached. MAM/f j b cc: Colleen C. Matthews San Ramon Valley Unified School District Attachments J-12m:\conflict.mem • • &R OF THE BOARD :lip. m 1"' oci Inter - Office Memo M 001"I''Y C CAL F- UNSSL mxs-r N�� TO: County Counsel DATE: 10/5/94 Attn: Mary Anne Mason Deputy County Counsel n FROM: Jeanne Maglio Chief Clerk SUBJECT: Proposed Change for Conflict of Interest Code By this memo is transmitted for your review the proposed change to the Conflict of Interest Code for San Ramon Valley Unified School District Upon receipt of your recommendation, the amended Code will be listed on the Board Agenda. jm Attachment cc: Colleen C. Matthews Director, Classified Personnel San Ramon Valley Unified School District San Ramon falley Unified School District 699 Old Orchard Drive, Danville, California 94526 (510) 837-1511 9 FAX(510) 837-9247 Classified Personnel RECEIVED September 30, 1994 OCT - 319A� CLERK BOARD OF SIfPERYlSOR$ CONTRA COSTA CO. The Board of Supervisors County Administration Building 651 Pine Street, Room 106 Martinez, California 94553 ATTN: Jeanne O. Maglio, Chief Clerk Gentlemen: On September 20, 1994, our Board of Education approved revision of Exhibits A and B of our District Conflict of Interest.Code. The revision incorporates the change in law requiring that Consultants be subject to reporting requirements based on the Superintendent's determination. A copy of the District Code with the revised Exhibits is enclosed for your files. Please contact me if there is additional information you need concerning our Conflict Code. Sincerely, Colleen C. Matthews Director, Classified Personnel ccm/hs Enclosure CONFLICT OF INTEREST CODE of the SAN RAMON VALLEY UNIFIED SCHOOL DISTRICT of CONTRA COSTA COUNTY ' SECTION 100. Purpose. Pursuant to the provisions of Government Code Sections 87300, et seq., the San Ramon Valley Unified School District of 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). The provisions of this Code are additional to Government Code Section 87100 and other laws pertaining to conflicts of interests. 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 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, business positions, real property, 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 Director of Personnel. (b) In the case of agency heads and the members of boards and commissions, the Director of Personnel shall make and retain a copy.of the statement of financial interest and forward the original to the Clerk of the Board of Supervisors. (c) All designated employees employed on the effective date of this Code, as originally adopted, promulgated and approved by the code reviewing body, shall file initial 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 appointment, promotion or transfer. Conflict of Interest Code Page 2 (d) Annual statements shall be filed during the month of April and no later than April 30 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 closingdate of the last statement filed to the date of leaving the position. (f) A designated employee required to file a statement of financial interest with,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 one 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. Conflict of Interest Code Page 3 (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, 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 pro rata share of gross receipts from such person was equal to or greater than ten thousand dollars ($10,(00) during a calendar year. Conflict of Interest Code Page 4 (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, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (e) 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. (f) Acquisition or Disposal During Reporting Period: In the case of a statement filed under section 400 (a), 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 any decisions or using their official position to influence the making of any decision in which they have 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. Conflict of Interest Code Page 5 EXHIBIT A Designated Position Disclosure Category Members of the Board 1 and 2 Superintendent 1 and 2 Associate Superintendent 1 and 2 Assistant Superintendent, Fiscal 1 and 2 Director, Fiscal Operations 1 and 2 Director, Purchasing 1 and 2 Supervisor, Budget,Development & Control 1 and 2 Supervisor, Accounting Services 1 and 2 Purchasing Assistant 1 and 2 Assistant Superintendent 2 Director, Special Programs 2 Director, Curriculum & Instruction 2 Director, Elementary Education 2 Director, Secondary Education 2 Principals 2 Director, Certificated Personnel 2 Director, Classified Personnel 2 Assistant Principals 2 SIP Program Manager, High School 2 Director, Facilities Development 2 Manager, Child Nutrition (under Marriott contract) 2 Director, Transportation 3 (M,N) Director, Buildings & Grounds 3 (J,K,M,N) Transportation Head Mechanic 3 (N) Supervisor, Maintenance/Grounds 3 (J,K,N) Supervisor, Custodial 3 (J,K) Consultant 4 Conflict of Interest Code Page 6 EXHIBIT B Disclosure Cateeories 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 'T' must report: (a) All investment,interests in real property and income,and any business entity in which the employee is a director, officer, partner, trustee, employee, or holds any position of management. Financial interests are reportable only if located within the San Ramon Valley Unified School 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 anytime during the two years prior to the filing of the statements. (b) Investments in any business entity, 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 has within the last two years contracted or foreseeably may contract with the San Ramon Valley Unified School District, or with any public agency within the San Ramon Valley Unified School District, to provide services, supplies, materials, machinery or equipment to either party. '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 prorata 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. 'A designated employee's income includes his or her community property interest in the income of his/her spouse but does not include salary or reimbursement for expenses received from a state, local or federal government. agency. Incomeof a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's. iler'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 categories of the filer. Conflict of Interest Code Page 7 Designated Employees in Category "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 San Ramon Valley Unified School District to provide services, supplies, materials, machinery, or equipment. Category 3 Insofar as a business entity or income source relates to the following areas: (A) Psychological Testing and Evaluation (B) Guidance Counseling (C) Special Education (D) Materials and Services for the Visually Handicapped (E) Materials and Services for the Speech and Audially Handicapped (F) Materials and Services for the Orthopedically Handicapped (G) Materials and Services for the Physically Handicapped (H) Physical Education (n Medicine and Health (J) Buildings and Grounds Equipment and Supplies (K) Buildings and Grounds Maintenance Services (L) Data Processing and Computers (M) Office Management (N) Motor Vehicles (0) Food and Food Services (P) Books and Other Publications (Q) Pedagogical Supplies and Equipment (R) Foreign Language Training (S) Musical Instruments and Music Training (T) Employment Agencies (U) Vocational Training Designated Employees in Category "3" must report: Investments in any business entity, income from any source, and status as a director, officer, partner, trustee, employee, or holder of a position of management in a any business entity which, within the last two years, has contracted, or in the future foreseeably may Conflict of Interest Code Page 8 contract with the San Ramon Valley Unified School District to provide services, supplies, materials, machinery, or equipment which are related to such areas. Consultants - Category.4: The Superintendent or designee may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required too fully comply with the disclosure requirements described in subparagraphs (a) and (b) below. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements as specified from subparagraphs (a) and (b) below. The Superintendent's or designee's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest Code. Designated consultants must report specified interests outlined below: (a) All investment, interests in real property and income, and any business entity in which the employee is a director, officer, partner, trustee, employee, or holds any position of management. Financial interests are reportable only if located within the San Ramon Valley Unified School 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 consultant) or has done business within the District at anytime during the two years prior to the filing of the statements. (b) Investments in any business entity, 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 has within the last two years contracted or foreseeably may contract with the San Ramon Valley Unified School District, or with any public agency within the San Ramon Valley Unified School District, to provide services, supplies, materials, machinery or equipment to either party. Revised - August 1994