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HomeMy WebLinkAboutMINUTES - 02281995 - 1.98 1A V a TO: BOARD OF SUPERVISORS FROM: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel s. DATE: February 14 , 1995 SUBJECT: Amendment to Conflict of Interest Code of the Antioch Unified School District of Contra Costa County SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Revise entity' s code to delete sections 100 through 700 and Exhibit A (pages 1-4 ) of the Conflict of Interest Code of the Antioch Unified School District of Contra Costa County, as duplicative. Approve Amendment, as modified of the above named District' s Conflict of Interest Code, as attached hereto. BACKGROUND/REASONS FOR RECOMMENDATIONS The entity 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 XXX SIGNATURE /% �2 A4,t d� 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 ✓ 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 QED 2 a 9 cc: Clerk, Board of Supervisors PHIL BATCHELOR, CLERK OF Antioch Unif . School Dis . THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR B ISL_, DEPUTY MAM/fjb COUNTY COUNSEL'S OFFICE ; CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: February 14, 1995 To: Clerk, Board of Supervisors From: Victor J. Westman, County Counsel �J // ✓�� By: Mary Ann McNett Mason, Deputy County Counsel /'( •�7' - /v! Re: Conflict of Interest Code of the Antioch Unified School District of Contra Costa County Attached hereto are amendments to the Conflict of Interest Code for the above-named District. The amendments are approved as to form as modified. Please place this matter on the Board of Supervisors ' agenda as requested by the District. A draft board order is attached. MAM/fjb cc: Antioch Unified School District Attachments J-12:a:\confinemo.mtd a AMENDMENT TO CONFLICT OF INTEREST CODE FOR THE ANTIOCH UNIFIED SCHOOL DISTRICT 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 Antioch Unified School District (the "District") of Contra Costa County has adopted a conflicts of interest code (the "Conflicts Code") . The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs. Sec. 18730) (the "Regulation") which contains the terms of a standard conflict of interest code, which can be incorporated by reference in an agency's code. After public notice and hearing the Regulation may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the Regulation and any amendments thereto are hereby incorporated by reference into the Conflicts Code. The Conflicts Code, the Regulation and the attached Appendix A designating officials and employees, shall constitute the conflict of interest code of the District. The disclosure categories established by the Conflicts Code is hereby affirmed. Designated employees shall file their statements with the District who will make the statements available for public inspection and reproduction. (Gov. Code Section 81008) . Statements for all designated employees will be retained by the District. sF2-34945.1 Appendi$ A DESIGNATED PERSONNEL Certain positions may require an employee's participation in decisions affecting individual financial interests. These positions are designated below. Employees holding these positions shall report their financial interests as specified in the District's Conflict of Interest Code. POSITION DISCLOSURE CATEGORY Members of the Governing Board ALL Superintendent ALL Assistant Superintendents ALL Director of Maintenance & Operations 2 & 3 Maintenance Foreperson 2 & 3 Grounds Foreperson 2 & 3 Custodial Foreperson 2 & 3 Director of Accounting 2 & 3 Director of Purchasing 2 & 3 Director of Food Services 2 & 3 Director, Research t Development ALL Principals 2 & 3 Supervisor, Alternative Education 2 & 3 Supervisor, Regular Education 2 & 3 Coordinator, Media Services 2 & 3 Consultant* ALL Legal Counsel* ALL * The President 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 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 President'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. M-U"5.1 A-1 Conflict of Interest page 5 EXHIBIT"B" Disclosure Categories An investment, interest in real property, or income is reportable if the business entity in which the investment is held.the interest in real property, or the income or source of income may foreseeably be affected materially by any decision made or participated in by the designated employee by virtue of the employee's position. Designated Employees in Group "1"must rem 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 the Antioch 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 any time during the two years prior to the filing of the statement. Designated Employees in Group "2"must reRort: 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 Antioch Unified School District to provide services, supplies, materials, machinery or equipment. Designated Employees in Group "3"must report.- Investments emInvestments 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, within the last two years, has contracted or in the future foreseeably may contract with the Antioch Unified School District to provide services, supplies, materials, machinery or equipment which are related to such area. Group"3" Insofar as a business entity or income source relates to the following areas: A. Psychological Testing Evaluation B. Guidance Counseling C. Special Education D. Materials and Services for the Visually Handicapped E. Materials and Services for the Speech and Audio Handicapped F. Materials and Services for Orthopedically Handicapped G. Materials and Services for the Physically Handicapped H. Physical Education I. 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 Conflict of Interest Page 6 EXHIBIT"B" (continued) O. 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 CLERK OF THE BOARD Inter - Office Memo .TO: County Counsel DATE: 9/19/94 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 Antioch Unified School District Upon receipt of your recommendation, the amended Code will be listed on the Board Agenda. jm Attachment cc: James R. Wells, Antioch School District RECEIVED S& 1 6 8M OF swws0"'s 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 Antioch Unified School District submitted to the code reviewing body, the Board of Supervisors, for approval. Your proposed amendment must accompany this form. Dated: September 15, 1994 James R. Wells Completed By Agency: Antioch Unified School District Address: P. 0. Box 768 Antioch, California 94509 Telephone No. : (510) 706-5322 THE FILING DATE FOR SUBMITTING THIS DOCUMENTS IS OCTOBER 3, 1994 AMENDMENT TO CONFLICT OF INTEREST CODE FOR THE ANTIOCH UNIFIED SCHOOL DISTRICT 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 Antioch Unified School District (the "District") of Contra Costa County has adopted a conflicts of interest code (the "Conflicts Code") . The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs. Sec. 18730) (the "Regulation") which contains the terms of a standard conflict of interest code, which can be incorporated by reference in an agency's code. After public notice and hearing the Regulation may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the Regulation and any amendments thereto are hereby incorporated by reference into the Conflicts Code. The Conflicts Code, the Regulation and the attached Appendix A designating officials and employees, shall constitute the conflict of interest code of the District. The disclosure categories established by the Conflicts Code is hereby affirmed. Designated employees shall file their statements with the District who will make the statements available for public inspection and reproduction. (Gov. Code Section 81008) . Statements for all designated employees will be retained by the District. SF2-34845.1 Appendiu A DESIGNATED PERSONNEL Certain positions may require an employee's participation in decisions affecting individual financial interests. These positions are designated below. Employees holding these positions shall report their financial interests as specified in the District's Conflict of Interest Code. POSITION DISCLOSURE CATEGORY Members of the Governing Board ALL Superintendent ALL Assistant Superintendents ALL Director of Maintenance & Operations 2 & 3 Maintenance Foreperson 2 & 3 Grounds Foreperson 2 & 3 Custodial Foreperson 2 & 3 Director of Accounting 2 & 3 Director of Purchasing 2 & 3 Director of Food Services 2 & 3 Director, Research & Development ALL Principals 2 & 3 Supervisor, Alternative Education 2 & 3 Supervisor, Regular Education 2 & 3 Coordinator, Media Services 2 & 3 Consultant* ALL Legal Counsel* ALL * The President 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 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 President'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. SF2-34845.1 A-1 CONFLICT OF INTEREST CODE OF THE ANTIOCH UNIFIED SCHOOL DISTRICT OF CONTRA COSTA COUNTY SECTION 100 Purpose. Pursuant to the provisions of Government Code Sections 87300,et. seq., the Antioch 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 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 on Exhibit "B". Each designated employee shall file an annual statement disclosing that employee's interest in investments, real property, and income, designated as reportable under the category to which the employee's position is assigned on Exhibit "B" 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 Assistant Superintendent, Business Services b. The Assistant Superintendent, Business Services shall make and retain a copy of the statement of financial interest and forward the original to the County Clerk. c. A designated employee required to submit a statement of financial interest shall submit an initial statement within 30 days after the effective date of this Code. d. Classified and certificated employees appointed, promoted or transferred to designated positions shall file initial statements within 30 days after date of employment. e. All other employees appointed, promoted or transferred to designated positions shall file initial statements not less than 10 days before assuming office or if subject to confirmation, 10 days before being confirmed unless an earlier assumption of office is required by emergency circumstances, in which case the statement shall be filed within 30 days thereafter. f. Annual statements shall be filed no later than April 1 by all designated employees. Such statements shall cover the period of the preceding calendar year. g. 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 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 Assistant Superintendent, Business Services, and shall contain the following information: Conflict of Interest Page 2 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, exceeds ten thousand dollars ($10,000), and 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 used principally as the residence of the filer. b. Contents of Personal Income Reports: When personal income is required to be reported, the statement shall contain: 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: 2. A statement whether the aggregate value of income from each source was greater than one thousand dollars ($1,000),and 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. 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 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. Conflict of Interest Page 3 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(0, 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. SIECTION 600. Disqualification. Designated employees must disqualify themselves 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/herself with respect to any matter which could not be legally acted upon or decided without his/her participation. SECTION 700. Amendment Section. See attached Amendment to Con}lictof InterestCode and Appendix "A". Conflict of Interest Page 4 EXHIBIT "A" Designated Positions Disclosure Category Members of the Governing Board 1,2&3 Superintendent 1,2&3 Assistant Superintendents 1,2&3 Director of Maintenance & Operations 2&3 Maintenance Foreperson 2&3 Grounds Foreperson 2&3 Custodial Foreperson 2&3 Director of Accounting 2&3 Director of Purchasing 2&3 Director of Food Services 2&3 Director, Research & Development 1.2&3 Principals 2&3 Supervisor, Alternative Education 2&3 Supervisor, Regular Education 2&3 Coordinator, Media Services 2&3 Conflict of Interest Page 5 E,111=IT "B" Disclosure Categories An investment, interest in real property, or income is reportable if the business entity in which the investment is held,the interest in real property, or the income or source of income may foreseeably be affected materially by any decision made or participated in by the designated employee by virtue of the employee's position. Designated Employees in Group "1"must report: All investments, interests in real property and income, and any business entity in which the person is a director, officer,partner, trustee, employee, or holds any position of management. Financial interests are reportable only if located within the Antioch 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 any time during the two years prior to the filing of the statement. Designated Employees in Group "2"must report: Investments in any business entity and income from any source and status as a director, officer, partner, trustee, employee, or holder of a position of management in any business entity, which, within the last two years, has contracted, or in the future foreseeably may contract with the Antioch Unified School District to provide services, supplies, materials, machinery or equipment. Designated Employees in Group "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 any business entity which, within the last two years, has contracted or in the future foreseeably may contract with the Antioch Unified School District to provide services, supplies, materials, machinery or equipment which are related to such area. Group"3" Insofar as a business entity or income source relates to the following areas: A. Psychological Testing Evaluation B. Guidance Counseling C. Special Education D. Materials and Services for the Visually Handicapped E. Materials and Services for the Speech and Audio Handicapped F. Materials and Services for Orthopedically Handicapped G. Materials and Services for the Physically Handicapped H. Physical Education I. 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 Conflict of Interest Page 6 EXHIBIT"B" (continued) O. 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 ANTIOCH UNIFIED SCHOOL DISTRICT 51 O"G"Street-P.O. BOX 768,Antioch, California 94509-0904 TELEPHONE(510)706-4100-FAX. (510)757-2937 ALAN J.NEWELL,J.D. -. JAMES R.WELLS,Ph.D. SUPERINTENDENT OF SCHOOLS ASSISTANT SUPERINTENDENT:BUSINESS SERVICES i DENNIS GOETTSCHJAMES M.PATTON ASSISTANT SUPERINTENDENT:PERSONNEL SERVICES t DIRECTOR RESEARCH AND DEVELOPMENT v'Fy LYNN STRAIGHT,Ph.D. WILLIAM R.MURRAY ASSISTANT SUPERINTENDENT:EDUCATIONAL SERVICES DIRECTOR PERSONNEL COMMISSION September 15, 1994 Mr. Phil Batchelor Clerk of the Board of Supervisors County Administration Building 651 Pine Street, Room 106 Martinez, California 94553-1293 Subject: Conflict of Interest Code Review Dear Mr. Batchelor: We have enclosed a copy of our revised Conflict of Interest Code which was adopted by the Board of Education at their meeting of September 14, 1994, You will note the changes made are in bold print. We have also added a Section 700 with attachments. We are also returning your Statement for Government Code Section 87306.5 Form which is to be submitted to you no later than October 3, 1994. Yours very truly, ames R. Wells Assistant Superintendent, Business Services JRW:bmc Enclosures i + 1.9g +3 TO: BOARD OF SUPERVISORS FROM: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel DATE: February 14, 1995 SUBJECT: Amendment to Conflict of Interest Code of the Western Contra Costa Transit Authority SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Revise first paragraph of the Authority's code to refer to 2 Cal . Code of Regulations wherever , 2 Cal . Adm. Code appears . substitute a copy of 2 Cal . Code of Regulations section 18730 as an attachment to the code in the place of 2 Cal . Adm. Code section 18730 . Approve Amendment, as modified, to the above named Authority' s Conflict of Interest Code as attached hereto. BACKGROUND/REASONS FOR RECOMMENDATIONS The Western Contra Costa Transit 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 XXX SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON FEB 2 8 R APPROVED AS RECOMMENDED V"' OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A Z 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 —ED, 2 $ 10 cc: Clerk, Board of Supervisors PHIL BATCHELOR, CLERK OF i WCC Transit Authority THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY , DEPUTY MAM/f j b fjb 3-93a:\board.AAP COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: February 14 , 1995 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 Western Contra Costa Transit Authority Attached hereto are amendments to the Conflict of Interest Code for the above-named entity. The amendments are approved as to form as modified. Please place this matter on the Board of Supervisors ' agenda as requested by the entity. A draft Board order is attached. MAM/jh cc: Charles Anderson, General Manager WCC Transit Authority Attachments FJB-4a:\conf1ict.fm rffF r TER Western Contra Costa Transit Authority September 29, 1994 Ms.Jean Maglio RECEIVED Office of the Board of Supervisors WT _ 3V Contra Costa County 651 Pine Street Martinez, CA 94553 CLERK BOARSUPERVISORS CONTRACO.CO Dear Ms. Maglio, Enclosed are the proposed revisions to Western Contra Costa Transit Authority's Conflict of Interest Code. The revised code was approved for submission to the Board of Supervisors by the WCCTA Board of Directors at the September 21 meeting. Please call me at 724-3331 if you have any questions or if you need any additional information. Sincerely, �f Charles Anderson - General Manager 601 Walter Avenue - Pinole,California 94564 FAX(510)724-5551 • (510)724-3331 �" CUEJTERDW Western Contra Costa Transit Authority December 15, 1994 Ms. Marianne Mason, Deputy County Counsel 651 Pine Street, 9th Floor Martinez, CA 94553 Dear Ms. Mason, Enclosed is the Appendix A which was inadvertently omitted from the WCCTA's Conflict of Interest Code update. To confirm our earlier discussion, this Appendix A was included in the document when it was distributed to and approved by our Board of Directors. I appreciate your offer to have the outdated references to the California Code of Regulations updated as necessary during the approval process by the Board of Supervisors. Please call me at 724-3331 if you have any questions or if you need any additional information. Sincerely, Charles Anderson General Manager 601 Walter Avenue Pinole,California 94564 oxs FAX(510)724-5551 c (510)724-3331 AMENDED CONFLICT OF INTEREST CODE FOR WESTERN CONTRA COSTA TRANSIT AUTHORITY (WCCTA) SEPTEMBER, 1994 The Political Reform Act, Government Code Sections 81000, et sea., requires State and local government agencies to adopt and promulgate Conflict of Interest Codes. Pursuant to Government Code Section 82041, the WCCTA 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 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 Western 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 WCCTA staff person with whom statements shall be filed. Upon receipt of the statements of the WCCTA Board of Directors, the agency shall make and retain a copy and forward the original of these statements to the Contra Costa Board of Supervisors. Upon receipt of statements from all other designated WCCTA employees, the WCCTA staff person shall retain the original in the WCCTA 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. APPENDIX A DESIGNATED EMPLOYEES DESIGNATED POSITIONS DISCLOSURE CATEGORY Members of the WCCTA Board of Directors 1 & 2 Alternate Members of the WCCTA Board of Directors 1 & 2 General Mana er"-�. ..1_& 2 - - - - - < S Consultants * 1 & 2 * With respect to Consultants, the General Manager or the WCCTA 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. APPENDIX B DISCLOSURE CATEGORIES An investment, interest in real property, or income is reportable if the business entity in which the investment is held, the interest in real property, or the income or source of income may foreseeably be affected materially by any decision made or participated in by the designated employee or official by virtue of the employee's position. Designated Employees in Group "1" must report: All investments, interests in real property and income, and any business entity in which the person is a director, officer, partner, trustee, employee, or holds any position of management. Financial interests are reportable only if located within Contra Costa County or if the business entity is doing business or planning to do business in the County (and such plans are known by the designated employee) or has done business within the County at any time during the two years prior to the filing of the statement. Designated Employees in Group "2" 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 any business entity, which, within the last two years has contracted, or in the future foreseeably may contract with the Western Contra Costa Transit Authority to provide services, supplies, materials, machinery or equipment. Title 2 Fair Political Practices Commission § 18730 2.New subsection(e)filed 6-26-90;operative 7-26-90(Register 90,No.35). (4)Provide the date upon which the lease became effective or termi- 3.Renumbering of former section 18726.7 to new section 18944.1 filed 6-22-94; nated if either such date occurred during the period covered by the state- operative 6-22-94(Register 94,No.25). meat 18726.8. Valuation of Gift Tickets to Charitable and (5)Disclose the value of the leasehold interest in the manner required Political Fundraisers. by Government Code Section 87206(d). (b)The value of a leasehold interest is the amount of rent owed during NOTE Authority cited:Section 83112,Government Code.Reference: Section a 12-month period.For purposes of disclosure on a Statement of Eco- 82028,Government Code. pe HISTORY nomic Interests,the value of a leasehold interest is the amount of rent 1.New section filed 5-26-87;operative 6-25-87(Register 87,No.26). owedduringa 12-month period.The 12-month period shallbecomputed 2.Renumbering of section 18726.8 to section 18946.4 filed 1-25-93;operative as follows: 1-25-93(Register 93,No.5). (1)In the case of an annual or leaving office statement,the fust day of the 12-month period is the first day of the reporting period or the fust 18727. Gifts to Officials:Section 87207(a). day of the lease,which occurs later. NOTE: Authority cited: Section 83112,Government Code.Reference: Section (2)In the case of an assuming office or candidate's statement,the first 87207(a),Government Code. day of the 12-month period is the date the statement is due. HISTORY day 1.Amendment filed 10-11-78;designated effective 1-1-79(Register 78,No. c)If the value of an official's leasehold interest is less than$1,000 41). when the rent owed is computed under subsection(b),but the official 2.Repealer filed 1-25-93;operative 1-25-93(Register 93,No.5). knows that the actual fair market value of the leasehold during the 12-month period exceeds$1,000,the value of the leasehold is the actual 18727.5. Travel Costs and Other Payments from fair market value,rather than the rent owed,during the 12-month period. Campaign Committees. NOTE:Authority cited:Section 83112,Government Code.Reference:Sections (a)Travel costs and reimbursements therefor paid by a"committee" 82033 and 87206,Government Code. as defined by Government Code Section 82013(a), including a "con- HISTORY trolled committee,"shall be valued as follows: 1.New section filed 1-8-86;effective thirtieth day thereafter(Register 86,No. (1)A reimbursement,advance,or other payment for actual travel ex- 2).For history of former section see Registers 85,No.25 and 76,No.40. penses(including meals and lodging)or for other actual and legitimate §18730. Provisions of Conflict of Interest Codes. campaign expenses made by such a committee or controlled committee (a) Incorporation by reference of the terms of this regulation along is neither income nor a gift to an official and need not be disclosed on the with the designation of employees and the formulation of disclosure cate- offrcial's Statement of Economic Interests if the expenditures are re- gories in the Appendix referred to below constitute the adoption and pro- ported by the committee in accordance with the provisions of Govern- mulgation of a conflict of interest code within the meaning of Govern- ment Code Sections 84100,et seq. ment Code section 87300 or the amendment of a conflict of interest code (2)A reimbursement,advance,or other payment for personal travel within the meaning of GovemmentCode section 87307 if the terms of this expenses not covered by subsection(1)shall be reported by the recipient regulation are substituted for terms of a conflict of interest code already pursuant to Government Code Sections 87207 or 87302. in effect.A code so amended or adopted and promulgated requires the re- (b)Any other payment not covered by subsection(a),including a pay- porting of reportable items in a manner substantially equivalent to the re- ment for personal services, such as salary,consulting fees,honoraria, quirements of article 2 of chapter 7 of the Political Reform Act,Govern- etc.,from a committee is income or a gift(except as provided in Section ment Code sections 81000, et seq. The requirements of a conflict of 18728)and reported by the recipient pursuant to Government Code Sec- interest code are in addition to other requirements of the Political Reform tion 87207 or 87302. Act,such as the general prohibition against conflicts of interest contained NOTE: Authority cited:Section 83112,Government Code.Reference:Sections in Government Code section 87100,and to other state or local laws per- 82028 and 82030,Government Code. twining to conflicts of interest. HISTORY 1.New section filed 1-8-86;effective thirtieth day thereafter(Register 86,No. (b)The terms of a conflict of interest code amended or adopted and 2) promulgated pursuant to this regulation are as follows: (1)Section 1.Definitions. §18728. Reporting of Income and Gifts;Honoraria and The definitions contained in the Political Reform Act of 1974,regula- Awards(87207). tions of the Fair Political Practices Commission(2 Cal.Code of Regs. COMMENT:For free admission,food,beverages,transportation,lodging,and sub- sections 18100,et seq.),and any amendments to the Act or regulations, sistence provided to an official,or state candidate in connection with a speech, are incorporated by reference into this conflict of interest code. panel,seminar,or similar service,see California Code of Regulations,Title 2, (2)Section 2.Designated Employees. Section 18950.3. NOTE: Authority cited: Section 83112,Government Code.Reference: Section The persons holding positions listed in the Appendix are designated 87207,Government Code. employees.Ithas been determined that these persons make or participate HISTORY in the making of decisions which may foreseeably bave a material effect 1.New section filed 10--24-75;effective thirtieth day thereafter(Register 75,No. on financial interests. 43). (3)Section 3.Disclosure Categories. 2.Repealer and new section filed 6-17-76 as an emergency;effective upon filing. This code does not establish any disclosure obligation for those desig- Certificate of Compliance included(Register 76,No.25). nated employees who are also specified in Government Code section 3.Amendment of subsection(b)filed 1-26-83;effective thirtieth day thereafter 87200 if they are designated in this code in that same capacity or if the (Register 83,No.5). 4.Repealer and new COMMENT filed 1-27-93;operative 2-26-93(Register 93, geographical jurisdiction of this agency is the same as or is wholly in- No.5). cluded within the jurisdiction in which those persons must report their fi- nancial interests pursuant to article 2 of chapter 7 of the Political Reform §18729. Leasehold Interests-Value,Disclosure. Act,Government Code sections 87200,et seq. (a)When an official is required to disclose a leasehold interest as de- In addition,this code does not establish any disclosure obligation for fined in Government Code Section 82033,the official shall: any designated employees who are designated in a conflict of interest (1)Identify the interest as a leasehold interest. code for another agency,if all of the following apply. (2)Disclose the number of years remaining on the lease. (A)The geographical jurisdiction of this agency is the same as or is (3)Provide the address or other precise location of the leasedproperty. wholly included within the jurisdiction of the other agency, Page 440.1 Register 94,No.25;6-24-94 §18730 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 2 (B)The disclosure assigned in the code of the other agency is the same which are of the kind described in the disclosure categories to which he as that required under Article 2 of Chapter 7 of the Political Reform Act, or she is assigned in the Appendix.It has been determined that the fnan- Government Code section 87200;and cial interests set forth in a designated employee's disclosure categories (C)The filing officer is the same for both agencies. are the kinds of financial interests which be or she foreseeably can affect Such persons are covered by this code for disqualification purposes materially through the conduct of his or her office. only.With respect to all other designated employees,the disclosure cate- (4)Section 4.Statements of Economic Interests:Place of Filing. gories set forth in the Appendix specify which kinds of financial interests The code reviewingbody shall instruct all designated employees with- are reportable.Such a designated employee shall disclose in his or her in its code to file statements of economic interests with the agency or with statement of economic interests those financial interests be or she has [The next page is 441.1 Page 440.2 Register 94,No.25;6-24-94 Title 2 Fair Political Practices Commission §18730 the code reviewing body,as provided by the code reviewing body in the (A)Investment and Real Property Disclosure. agency's conflict of interest code. When an investment or an interest in real property'is required to be (5)Section 5.Statements of Economic Interests:Time of Filing. reported,'the statement shall contain the following: (A) Initial Statements. All designated employees employed by the 1.A statement of the nature of the investment or interest; agency on the effective date of this code,as originally adopted,promul- 2.The name of the business entity in which each investment is held, gated and approved by the code reviewing body, shall file statements and a general description of the business activity in.wbich the business within 30 days after the effective date of this code.Thereafter,each per- entity is engaged; son already in a position when it is designated by an amendment to this 3.The address or other precise location of the real property; code shall file an initial statement within 30 days after the effective date 4.A statement whether the fair market value of the investment or inter- of the amendment. est in real property exceeds one thousand dollars($1,000),exceeds ten (B)Assuming Office Statements. All persons assuming designated thousand dollars ($10,000), or exceeds one hundred thousand dollars positions after the effective date of this code shall file statements within ($100,000). 30days after assuming thedesignated positions,orif subjectto State Sen- (B)Personal Income Disclosure.When personal income is required to ate confirmation,30 days after being nominated or appointed be reported,'the statement shall contain: (C)Annual Statements.Alldesigaated employees shall file statements 1.The name and address of each source of income aggregating two no later than April 1. hundred fifty dollars($250)or more in value,or fifty dollars($50)or (D)Leaving Office Statements.All persons who leave designated po- more in value if the income was a gift,and a general description of the sitions shall file statements within 30 days after leaving office. business activity,if any,of each source. (5.5)Section 5.5.Statements for Persons Who Resign Prior to Assum- 2. A statement whether the aggregate value of income from each ing Office. source,or in the case of a loan,the highest amount owed to each source, Any person who resigns within 12 months of initial appointment,or was one thousand dollars($1,000)or less,greater than one thousand dol- within 30 days of the date of notice provided by the filing officer to file lars($1,000),or greater than ten thousand dollars($10,000); an assuming office statement,is not deemed to have assumed office or 3.A description of the consideration,if any,for which the income was left office,provided he or she did not make or participate in the making received; of,or use his or her position to influence any decision and did not receive 4.In the case of a gift,the name,address and business activity of the or become entitled to receive any form of payment as a result of bis orher donor and any intermediary through which the gift was made;a descrip- appointment.Such persons shall not file either an assuming or leaving of- tion of the gift;the amount or value of the gift;and the date on which the fice statement. gift was received; (A)Any person who resigns a position within 30 days of the date of 5.In the case of a loan,the annual interest rate and the security,if any, a notice from the filing officer shall do both of the following: given for the loan. (1)File a written resignation with the appointing power;and (C)Business Entity Income Disclosure.When income of a business (2)File a written statement with the filing officer declaring under pen- entity,including income of a sole proprietorship,is required to be re- alty of perjury that during the period between appointment and resigna- ported,6 the statement shall contain: tion be or she did not make,participate in the making,or use the position 1.The name,address,and a general description of the business activity to influence any decision of the agency or receive,or become entitled to of the business entity; receive,anyform of paymentby virtue of being appointed to the position. 2.The name of every person from whom the business entity received (6)Section 6.Contents of and Period Covered by Statements of Eco- payments if the filer's pro rata share of gross receipts from such person nomic Interests. was equal to or greater than ten thousand dollars($10,000). (A)Contents of Initial Statements. (D) Business Position Disclosure. When business positions are re- Initial statements shall disclose any reportable investments,interests quired to be reported,a designated employee shall list the name and ad- in real property and business positions held on the effective date of the dress of each business entity in which he or she is a director,officer,part- code and income received during the 12 month s prior to the effective date ner, trustee, employee, or in which he or she holds any position of of the code. management,a description of the business activity in which the business (B)Contents of Assuming Office Statements. entity is engaged,and the designated employee's position with the busi- Assuming office statements shall disclose any reportable investments, ness entity. interests in real property and business positions held on the date of assum- (E)Acquisition or Disposal During Reporting Period.In the case of an ing office or,if subject to State Senate confirmation or appointment,on annual or leaving office statement,if an investment or an interest in real the date of nomination,and income received during the 12 months prior property was partially or whollyacquired ordisposedof duringthe period to the date of assuming office or the date ofbeing appointed ornominated, covered by the statement,the statement shall contain the date of acquisi- respectively. tion or disposal. (C)Contents of Annual Statements.Annual statements shall disclose (8)Section 8.State Agency Prohibition on Receipt of Honoraria. any reportable investments,interests in real property,income and busi- No member of a state board or commission,and no designated em- ness positions held or received during the previous calendar year pro- ployee of a state agency,shall accept any honorarium from any source, vided,however,that the period covered by an employee's first annual if the member or employee would be required to report the receipt of in- statement shall begin on the effective date of the code or the date of as- come or gifts from that source on his or her statement of economic inter- suming office whichever is later. ests.This section shall not apply to any part—time member of the govern- (D)Contents of Leaving Office Statements. ing board of anypublic institution of higher education,unless the member Leaving office statements shall disclose reportable investments,inter- is also an elected official. ests in real property,income and business positions held or received dur- Subdivisions(b),(c),(d),and(e)of Government Code Section 89502 ing the period between the closing date of the last statement filed and the shall apply to the prohibitions in this section. date of leaving office. (8.1)Section 8.1.State Agency Prohibition on Receipt of Gifts of$250 (7)Section 7.Manner of Reporting. or More. Statements of economic interests shall be made on forms prescribed No member of a state board or commission,and no designated em- by the Fair Political Practices Commission and supplied by the agency, ployee of a state agency,shall accept gifts with a total value of more than and shall contain the following information: Page 441 Register 94,No.17;4-29-94 §18730 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 2 two hundred fifty dollars ($250) in a calendar year from any single (11)Section 11.Assistance of the Commission and Counsel. source,if the member or employee wouldbe required to report the receipt Any designated employee who is unsure of his or her duties under this of income or gifts from that source on his or her statement of economic code may request assistance from the Fair Political Practices Commis- interests.This section shall not apply to any part-time member of the sionpursuanttoGovemmentCodesection 83114orfromtheattomeyfor governing board of any public institution of higher education,unless the his or her agency,provided that nothing in this section requires the attor- member is also an elected official. ney for the agency to issue any formal or informal opinion. Subsections(b),(c),(d),and(e)of Government Code Section 89504 (12)Section 12.Violations. shall apply to the prohibitions in this section. This code has the force and effect of law.Designated employees vio- (9)Section 9.Disqualification. lating any provision of this code are subject to the administrative,crimi- No designated employee shall make,participate in malting,or in any nal and civil sanctions provided in the Political Reform Act,Government way attempt to use his or her official position to influence the making of Code sections 81000-91014.In addition,a decision in relation to which any governmental decision which he or she knows or has reason to know a violation of the disqualification provisions of this code or of Govern- will have a reasonably foreseeable material financial effect,distinguish- meat Code section 87100 or 87450has occurred may be set aside as void able from its effect on the public generally,on the official or a member pursuant to Government Code section 91003. of his or her immediate family or on: NOTE Authority cited:Section 83112,Government Code.Reference:Sections (A)Any business entity in which the designated employee has a direct 87300-87302,89503 and 89504,Government Code. or indirect investment worth one thousand dollars($1,000)or more; HISTORY (B)Any Heal property in which the designated employee has a direct 1.New section filed 4-2-80 as an emergency;effective upon filing(Register 80, No.$1,000 or more; Edi 14).Certificate(of Register included. or indirect interest worth one thousand dollars ($1,000) 2.Editorial correction(Register 80,No.29). (C)Any source of income,other than gifts and other than loans by a 3.Amendment of subsection(b)filed 1-9-81;effective thirtieth day thereafter commercial lending institution in the regular course of business on terms (Register 81,No.2). available to the public without regard to official status,aggregating two 4.Amendment of subsection(b)(7)(B)1.filed 1-26-83;effective thirtieth day hundred fifty dollars($250)or more in value provided to,received by or thereafter(Register 83,No.5). promised to the designated employee within 12 months or to the time 5. Amendment of subsection(b)(7)(A) filed 11-10-83;effective thirtieth day pPn thereafter(Register 83,No.46). when the decision is made; 6.Amendment filed 4-13-87;operative 5-13-87(Register 87,No.16). (D)Any business entity in which the designated employee is a director, 7.Amendment of subsection(b)filed 10-21-88;operative 11-20-88(Register officer,partner,trustee,employee,or holds any position of management; 88,No.46). or 8.Amendment of subsections(b)(8)(A)and(b)(8)(B)and numerous editorial (E)Any donor of,or any intermediary or agent for a donor of,a gift changes filed 8-28-90;operative 9-27-90(Reg.90,No.42). 9.Arnendmentofsubsections(b)(3),(b)(8)and renumbering offollowing subsec- or gifts aggregating$250 or more in value provided to;received by,or tions and amendment of NOTE filed 8-7-92;operative 9-7-92(Register 92, promised to the designated employee within 12 months prior to the time No.32). when the decision is made. 10.Amendment of subsection(b)(5.5)and new subsections(b)(5.5)(A)-(A)(2) (9.3)Section 9.3.Legally Required Participation. filed 2-4-93;operative 2-4-93(Register 93,No.6). No designated employee shall be prevented from making or participat- 11.Change without regulatory effect adopting Conflict of Interest Code for Cali- fornia Mental Health Planning Council filed 11-22-93 pursuant to title 1,sec- ing in the making of any decision to the extent his or her participation is tion 100,California Code of Regulations(Register 93,No.48).Approved by legally required for the decision to be made.The fact that the vote of a Farr Political Practices Commission 9-21-93. designated employee who is on a voting body is needed to break a tie does 12.Change without regulatory effect redesignating Conflict of Interest Code for not make his or her participation legally required for purposes of this sec- California Mental Health Planning Council as chapter 62,section 55100 filed 1-4-94 pursuant to title 1,section 100,California Code of Regulations(Regis- tion. ter 94,No.1). (9.5)Section 9.5.Disqualification of State Officers and Employees. 13.Editorial correction adding HISTORY 11 and 12 and deleting duplicate section In addition to the general disqualification provisions of section 9,no number(Register 94,No. 17). state administrative official shall make,participate in making,or use his or her official position to influence any governmental decision directly 'Designated employees who are required to file statements of economic inter- ests under any other agency's confect of interest code,or under article 2 for a dif- relating to any contract where the state administrative official knows or ferent jurisdiction,may expand their statement of economic interests to cover re- has reason to know that any party to the contract is a person with whom portable interests in both jurisdictions,and file copies of this expanded statement the state administrative official,or any member of his or her immediate with both entities in lieu of filing separate and distinct statements,provided that Tamil has,within 12 months for to the time when the official action is each copy of such expanded statement filed in place of an original is signed and Y Pr verified by the designated employee as if it were an original.See Government to be taken: Code section 81004. (A)Engaged in a business transaction or transactions on terms not 2 See Government Code section 81010 and 2 Cal.Code of Regs.section 18115 available to members of the public,regarding any investment or interest for the duties offiling officers and persons in agencies who make and retain copies in real property;or of3 tatements and forward the originals to the filing officer. For the purpose of disclosure only(not disqualification),an interest in real (B)Engaged in a business transaction or transactions on terms not property does not include the principal residence of the filer. available to members of the public regarding the rendering of goods or 4 Investments and interests in real property which have a fair market value of services totaling in value one thousand dollars($1,000)or more. less than$1,000 are not investments and interests in real property within the (10)Section 10.Manner of Disqualification. meaning of the Political Reform Act.However,investments or interests in real propertyof an individual include those held by the individual's spouse and depen- When a designated employee determines that he or she should not dent children as wellas a pro rata share of any investment or interest in realproper- make a governmental decision because he or she has a disqualifying in- ty of any business entity or trust in which the individual,spouse and dependent terest in it,the determination not to act must be accompanied by disclo- children own,in the aggregate,a direct,indirector beneficial interestof 10 percent or greater. sure of the disqualifying interest.In the case of a voting body,this deter- 5A designated employee's income includes his or her community property in- mination and disclosure shall be made part of the agency's official terest in the income of his or her spouse but does not include salary or reimburse- record;in the case of a designated employee who is the head of an agency, ment for expenses received from a state,local or federal government agency. this determination and disclosure shall be made in writing to his or her 6Income of a business entity is reportable if the direct,indirect or beneficial in- terest of the filer and the filers spouse in the business entity aggregates a 10 per- appointingcent or greater interest.In addition,the disclosure of persons who are clients or determination and disclosure shall be made in writing to the designated customers of a business entity is required only if the clients or customers are with- employee's supervisor. in one of the disclosure categories of the filer. Mage 442 Register 94,No.17;4-29-94 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 Western Contra Costa Transit Authority Upon receipt of your recommendation, the amended Code will be listed on the Board Agenda. jm Attachment cc:: Charles Anderson, General Manager W.C.C. Transit Authority CU-Ef TER 'AW Western Contra Costa Transit Authority September 29, 1994 Ms.Jean Maglio RECEIVED Office of the Board of Supervisors _ 3 Contra Costa County 651 Pine Street Martinez, CA 94553 CLERKCoTSUPERVISORS TfsORSRpA CO Dear Ms. Maglio, Enclosed are the proposed revisions to Western Contra Costa Transit Authority's Conflict of Interest Code. The revised code was approved for submission to the Board of Supervisors by the WCCTA Board of Directors at the September 21 meeting. Please call me at 724-3331 if you have any questions or if you need any additional information. Sincerely, Charles Anderson General Manager 601 Walter Avenue Pinole,California 94564 FAX(510)724-5551 0 (510)724-3331 We, AMENDED CONFLICT OF INTEREST CODE FOR WESTERN CONTRA COSTA TRANSIT AUTHORITY (WCCTA) SEPTEMBER, 1994 The Political Reform Act, Government Code Sections 81000, et sea., requires State and local government agencies to adopt and promulgate Conflict of Interest Codes. Pursuant to Government Code Section 82041, the WCCTA 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 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 Western 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 WCCTA staff person with whom statements shall be filed. Upon receipt of the statements of the WCCTA Board of Directors, the agency shall make and retain a copy and forward the original of these statements to the Contra Costa Board of Supervisors. Upon receipt of statements from all other designated WCCTA employees, the WCCTA staff person shall retain the original in the WCCTA 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. APPENDIX A DESIGNATED EMPLOYEES DESIGNATED POSITIONS DISCLOSURE CATEGORY Members of the WCCTA Board of Directors 1 & 2 Alternate Members of the WCCTA Board of Directors 1 & 2 General Manager 1 & 2 Consultants * 1 & 2 * With respect to Consultants, the General Manager or the WCCTA 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. APPENDIX B DISCLOSURE CATEGORIES An investment, interest in real property, or income is reportable if the business entity in which the investment is held, the interest in real property, or the income or source of income may foreseeably be affected materially by any decision made or participated in by the designated employee or official by virtue of the employee's position. Designated Employees in Group "V must report: All investments, interests in real property and income, and any business entity in which the person is a director, officer, partner, trustee, employee, or holds any position of management. Financial interests are reportable only if located within Contra Costa County or if the business entity is doing business or planning to do business in the County (and such plans are known by the designated employee) or has done business within the County at any time during the two years prior to the filing of the statement. Designated Employees in Group "2" 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 any business entity, which, within the last two years has. contracted, or in the future foreseeably may contract with the Western Contra Costa Transit Authority to provide services, supplies, materials, machinery or equipment. APPENDIX C DEFINITION OF FINANCIAL INTEREST FOR THE PURPOSES OF THIS CONFLICT OF INTEREST CODE WCCTA's Conflict of Interest Code generally follows the FPPC guidelines for disclosable interests, which are as follows: 1. Investments worth One Thousand Dollars ($1,000.00) or more in business entities located in or doing business in Contra Costa County. 2. Interests in real property worth One Thousand Dollars ($1,000.00) or more located in Contra Costa County except one's personal residence. 3. Interest in real property and investments held by business entities or trusts in which the party or his/her immediate family had a ten (10%) percent or greater interest. 4. Income aggregating Two Hundred Fifty Dollars ($250) or more, other than loans, gifts, or honoraria, received from a source located or doing business in Contra Costa County. 5. Loans aggregating Two Hundred Fifty Dollars ($250) or more from a source located or doing business in Contra Costa:County received or outstanding during the reporting period. 6. Gifts aggregating Fifty Dollars ($50) or more received from any.source located inside'or outside of Contra Costa County. 7. Honoraria aggregating Fifty Dollars ($50) or more received from any source located inside or outside of Contra Costai;County. . 8. Business positions held in a business entity located or doing business in Contra Costa County. 9. Commission income amounting to Ten Thousand Dollars ($10,000.00) or more from a single source. 10. Income and loans to business entities or trusts and income from real property. Regulations of the Fair Political Practices Commission (Title 2, Division 6 of the California Administrative Code) 8730. Provisions of Conflict of Interest Codes (Gov. Code Sections 87300 - 873021 (a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a Conflict of Interest Code within the meaning of Government Code Section 87300 or the amendment of a Conflict of Interest Code within the meaning of Government Code Section 87307 if the terms of this regulation are substituted for terms of a Conflict of Interest Code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of Article 2 of Chapter 7 of the Political Reform Act. Government Code Sections 81000, rt sea. The requirements of a Conflict of Interest Code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Government Code Section 87100, and to other state or local laws pertaining to conflicts of interest. (b) The terms of a Conflict of Interest Code amended or adopted and promulgated pursuant to this regulation are as follows: (1) Section 1. Definitions. The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (2 Cal. Adm. Code Sections 18100 et sea. ) , and any amendments to the Act or regulations, are incorporated by reference into this Conflict of Interest Code. (2) Section 2. Designated Employees. The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on financial interests. (3) §ection' 3. Disclosure Categories. This Code does not establish any disclosure obligation for those designated employees who are also specified in Government Code Section 87200 if they are designated in this Code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their financial interests pursuant to Article 2 of Chapter 7 of the Political Reform Act, Government Code Sections 87200, pt, sea-I/ Such persons are covered by this Code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of financial interests are reportable. Such a designated employee shall disclose in his or her statement of economic interests those financial interests he or she has which are of the'' kind described in the disclosure categories to which he or she is assigned in the Appendix. It has been determined that the financial interests set forth in a designated employee's disclosure categories are the kinds of financial interests which he or she foreseeably'' can affect materially through the conduct of his or her office. (4) Section 4. Statements of Economic Interests: Place of Filing. The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the. agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code.2.1 (5) Section 5. Statements of Economic Interests. Time of Filing. (A) Initial Statements. All designated; employees employed by the agency on the effective date of this Code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within thirty days after the effective date of this Code. Thereafter, each person already in a position When it is designated by an amendment to this Code shall file an initial statement within thirty days after the effective date of the amendment. I/Designated employees who are required to file statements of economic interests under any other agency's Conflict of Interest Code, or under Article 2 for a different jurisdiction, may expand their statement `of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an2.9riginal. See Government Code Section 81004. See Government Code Section 81010 and 2 Cal. Adm. Code Section 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the, filing officer. after leaving office. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this Code shall file statements within thirty days after assuming the designated positions,. or if subject to State Senate confirmation, thirty days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April 1. (D) heaving Office Statements. All persons who leave designated positions shall file statements within thirty days .................... :.:. fi} tatete far persons 'ho<4tesic:nhrty 't3i)} ;Iays Ler ADnos�tmeri4eanlis wb0 x�se�.g vr�th3.r� thaxty {��}} Qns of :. al appointment ate 3 deemed:ta iin�re asBnmed office nr 8ft a€five fsravided they dad mat stake O part 0ipste in.t e iriaks.ng cfsn�3s�e�� .any..alez..s.ica �►n �:;...... .. ... did gat r$ceive,Dr became entitled>to relive any form of !3sent as a h result of # tex ap�o�sttaent:..... Bush pexgans1i ......... . file it#ier'an assuming ar leaviag Office statement ......... ......... ... . ..... (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements. Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the Code #�isd income rece�.ved during the 32 ason. hs prissy to the effective<da'te `of the bode ' ...... ............................................................................. (B) Contents of Assuming Office Statements. Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nominationIft tcome received>du�rst.. #�0.. 2 +oatha pri a3 to L3�e,ante c Easumissg Offire eir t date;of baxsiq appca.nt3 tar_nominated Vies iv.. (C) Contents of Annual Statements. Annual Statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the Code or the date of assuming office whichever is later. (D) Contents of Leaving Office Statements. Leaving office statements shall disclose reportable investments, interests in during the period between the closing date of the last statement . filed and the date of leaving office. (7) Section 7. Manner of Reporting. Statements of economic interests shall be made on forms prescribed by the hair Political Practices Commission and supplied by the agency, and shall contain the following information: (A) Investment and Real Proverty Disclosure. When an investment or an interest in real property's is required to be reported,4� the statement shall contain the following: I. 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' exceeds••one thousand dollars ($1,000) , exceeds ten thousand dollars ($10,000) , or exceeds one hundred thousand dollars ($100,000) . (B) gersonal Income Disclosure. When personal income is required to be reported,5/ the statement shall contain: I. 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; 2. A statement whether the aggregate value of income 3/ For the purpose of disclosure only (not disqualification) , an interest in real property does not include the principal residence -of the filer. . Al 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 pro rata 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 or her spouse but does not include salary or reimbursement for expenses received from a state, � local or federal government agency. from each source, or in the case of a loan, the highest amount owed to each source, was one thousand dollars ($1,000) or less, greater than one thousand dollars ($1,000) , or 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 name, address and business activity of the donor and any intermediary through which the gift was made; a. description of the gift; the amount or value of the gift; and the date on which the gift was received; S. In the case of a loan, the annual interest rate and the security, if any, given for the loan. (C) Business Entity Income Disclosure. when income of a business entity, including income of a sole proprietorship, is required to be reported,6/ 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 ($10,000). (D) Business Position Disclosure. 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. (E) Acquisition or Disvosal During Reportina 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. 6� Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer'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 fileer. (8) Section 8. Discrualification. No designated employee shall make, participate in making, or in any way attempt to use his or her official positions to influence the making of any governmental decision which he or she knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on: - (A) Any business entity in which the designated employee has a direct or indirect investment worth one thousand dollars ($11000) wi. 6C+r (B) Any real property in which the designated employee has a direct or indirect interest worth one thousand dollars ($1,000) Z1Ro: ; (C) Any source of income, other than gifts and other than loans .by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating two hundred fifty dollars ($250) or more in value provided to, received by or promised to the designated employee within twelve months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of or any intermediary or agent for a donor . of a gift or gifts aggregating two hundred fifty dollars ($250) or more in value,-provided to, received by, or promised to the designated employee within twelve (12) months prior to the time . when the decision is made. $.3? section 8 °3 3,etsay 1Eeire Part �pat`ifln No designated employee shall be prevented from making or participating in the making of any decision to the extent his or her participation is legally required for the decision to be made. The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make his or her 'participation legally required for purposes of this section. Section 8 9. Manner of Disqualification. When a designated employee determines that he or she should not make a governmental decision because he or she has, a fineneial squ 1, interest in it, the determination not to act must be accompanied by disclosure of the €in&neiel quid }r a3g interest. In the case of a voting body, this determination and disclosure shall be made _part of the agency's official record; in the case of a designated employee who is the head of an agency, this determination .l and disclosure shall be made in writing to his or her appointing authority; and in the case of other designated employees, this determination and disclosure shall be made in writing to the designated employee's supervisor. (9)Section 9. Assistance of the Commission and Counsel. Any designated employee who is unsure of his or her duties under this Code may request assistance from.the Pair Political Practices Commission pursuant to Government Code Section 83114 or from the attorney for his or her agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. (10) Section 10. Violations. This Code has the force and effect of law. Designated employees violating any provision of this Code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Government Code Sections 81000 - 91014. In addition, a decision in relation to which a violation of the disqualification provisions of this Code or of Government•'Code Section 87100 or 87450 has occurred may beset aside as void pursuant to Government Code Section 91003. I I F TO: BOARD OF SUPERVISORS FROM: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel DATE: February 14 , 1995 SUBJECT: Amendment to Conflict of Interest Code of the Juvenile Justice- Delinquency Prevention Commission Contra Costa County SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Revise entity' s code to delete pages one through four of the entity's code as duplicative. Approve Amendment as modified to the above named entity' s Conflict of Interest Code, as shown on the attached memorandum from said entity. BACKGROUND/REASONS FOR RECOMMENDATIONS The Juvenile Justice-Delinquency Prevention Commission 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 XXX SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON FEB 2 ® M 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 FEB cc: Clerk, Board of Supervisors PHIL BATCHELOR, CLERK OF Juv.Justice-Delinq.Prev.Comm. THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY , MAM/f j b � DEPUTY. fjb 3-93a:\board.AAP COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: February 14, 1995 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 Juvenile Justice-Delinquency Prevention Commission 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 as modified. Please place this matter on the Board of Supervisors ' agenda as requested by the entity. A draft board order is attached. MAM/f j b cc: Darlene E. Smith Juv. Justice-Delinq. Prevention Commission Attachments J-12:a:\confinemo.mtd t Probation DepartmentContra Gerald S. Buck County Probation Officer Administrative Offices Costa 50 Douglas Drive,Suite 201 County Martinez,California 94553-8500 (510)313-4180 510 313-4191 FAX 70: Jeanne Maglio, Chief Clerk:' :<, 9/20/94 Clerk of the Board Date: J� �th, Darlene SConflict of Interest From: Executive Secretary subject: Code - JJ-DPC Attached is the Juvenile Justice-Delinquency Prevention Commission' s amended Conflict of Interest Code which has been revised according to the model provided by the California Fair Political Practices Commission. This revision (Appendix A) incorporates the CFPPC Regulation 18730 by reference as the body of the code to allow for any and all changes to the required provisions to be up-to-date and in compliance with the law. This amended code was considered and approved at the Commission' s regular meeting held on September 19, 1994 and said approval will be included in the minutes for that meeting. The amended code is forwarded to you as requested for County Counsel approval and final approval by the Board of Supervisors . Attachment RECEIVED SEP 2 21994 CLERK BOARD OF SUPERVISCPF, 5 - ATTACHMENT A CONFLICT OF INTEREST CODE FOR THE CONTRA COSTA COUNTY JUVENILE JUSTICE- DELINQUENCY PREVENTION COMMISSION 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 . There- fore, 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 Exhibits in which members and employees are designated and disclosure categories are set forth, constitute the conflict of interest code of the Contra Costa County Juvenile Justice-Delinquemcy Prevention Commission. Designated employees shall file statements of economic interests with the Secretary of the Juvenile Justice- Delinquency Prevention Commission who will make the statements available for public inspection and reproduction. (Gov. Code Section 81008) . Upon receipt of the statements of the Commission members, the Secretary shall make and retain a copy and forward the original of the statements to the clerk of the Contra Costa County Board of Supervisors . S ' 6 - EXHIBIT "A" Desiccnated Positions Disclosure Category 1. Commission Members 1 EXHIBIT "B" Disclosure Category 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. 1 . Designated Employees in Catecrory 11111 must report : (a) All investments, 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 . These financial interests are reportable only if located within Contra Costa County or if the business entity is doing business or planning to do business in the County (and such plans are known by the designated employee) or has done business within the County at any time during the two years prior to the filing of the statement . (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 Contra Costa County, or with any public agency within Contra Costa County, to provide services, supplies, materials, machinery or equipment to either party. CLERK OF THE BOARD Inter - Office Memo TO: County Counsel DATE: 9/23/94 Attn: Mary Anne Mason Deputy County Counsel FROM: Jeanne Magliol 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 Contra Costa County Juvenile Justice- Delinquency Prevention. Commission Upon receipt of your recommendation, the amended Code will be listed on the Board Agenda. jm Attachment cc: Darlene E. Smith CCC Juv. Justice-Del. Prev. Comm. 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 proposed amendment to the Conflict of Interest Code for the Cnntrn Costa Cnunty Juvenile Justice- T)�-Iinq»nnnv Preventinn Cnmmission is submitted to the code reviewing body, the Board of Supervisors, for approval. Your proposed amendment must accompany this form. Dated: Sept . 20, 1994 Darlene E. Smith Completed By Agency: CCC Juv. Justice-Del. Prev. Comm. Address: 50 Douglas Drive , Suite 201 Martinez, CA 94553-8500 Telephone No. : (510) 313-4188 THE FILING DATE FOR SUBMITTING THIS DOCUMENTS IS OCTOBER 3, 1994 EC VED �p 22 flViSO�$ COCA Ci SSA CO. Probation DepartmentC�jOrltra Gerald S.Buck County Probation Officer Administrative Offices Costa 50 Douglas Drive,Suite 201 County Martinez,California 94553-8500 (510)313-4180 (510)313-4191 FAX ......... To: Jeanne Maglio, Chief Clerk Date: 9/20/94 Clerk of the Board ; a srAcbiiK`� Darlene Smith Conflict of Interest From: Executive Secretary Subject: Code - JJ-DPC Attached is the Juvenile Justice-Delinquency Prevention Commission' s amended Conflict of Interest Code which has been revised according to the model provided by the California Fair ,Political Practices Commission. This revision (Appendix A) incorporates the CFPPC Regulation 18730 by reference as the body of the code to allow for any and all changes to the required provisions to be up-to-date and in compliance with the law. This amended code was considered and approved at the Commission' s regular meeting held on September 19, 1994 and said approval will be included in the minutes for that meeting. The amended code is forwarded to you as requested for County Counsel approval and final approval by the Board of Supervisors . Attachment RECEIVED SEP 2 21994 CLERK 80ARD OF SUPERVISORS CONTRA COSTA CO. f CONFLICT OF INTEREST CODE OF THE JUVENILE JUSTICE-DELINQUENCY PREVENTION COMMISSION CONTRA COSTA COUNTY SECTION 100 . Purpose. Pursuant to the provisions of the Government Code sections 87300, et seq. , the Juvenile Justice- Delinquency Prevention Commission 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 (Gov. Code, 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 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 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 & Time of FilincT. (a) All designated employees required to submit a statement of financial interest shall file the original with the Secretary of the Juvenile Justice-Delinquency Prevention Commission. (b) In the case of agency heads and the members of boards and commissions, the Secretary of the Juvenile Justice- Delinquency Prevention Commission shall make and retain a copy of the statement 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. - 2 - (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 thirty days of leaving a designated position. Such statements shall cover the period from the closing date of the last statement filed to the date of leaving the position. (e) A designated employee required to file a statement of financial interest under any other agency' s conflict of interest code, or under Article 2 of Chapter 7 of the Political Reform Act for a jurisdiction contained within the territorial jurisdiction of this agency may comply with the provisions of this Code by filing a duplicate copy of that statement and an expanded statements 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. P 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 of the business activity, if any, of each source. In the case of a gift received through an intermediary, the name, address and business activity of both the donor and the intermediary must be disclosed. (2) A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was at least two hundred fifty dollars ($250) but did not exceed one thousand dollars ($1, 000) , whether it was in excess of one thousand dollars ($1, 000) but was not greater than ten thousand dollars ($10, 000) , or whether it was greater than ten thousand dollars ($10, 000) ; (3) A description of the consideration, if any, for which the income was received; (4) In the case of a gift, the amount and the date on which the gift was received; (5) In the case of a loan, the annual interest rate and the security, if any, given for the loan. C. Contents of Business Entity Income Reports : When income of a business entity, including income of a sole proprietorship, is required to be reported, the statement shall contain; (1) The name, address, and a general description of the business activity of the business entity; (2) The name of every person from whom the business entity received payments if the filer' s prorata share of gross receipts from such person was equal to or greater than ten thousand dollars ($10 . 000) during a calendar year. 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 enQacTed, 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 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. ds jjceis.doc Revised: 8/94 5 - ATTACIT A CONFLICT OF INTEREST CODE FOR THE CONTRA COSTA COUNTY JUVENILE JUSTICE- DELINQUENCY PREVENTION COMMISSION 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 . There- fore, 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 Exhibits in which members and employees are designated and disclosure categories are set forth, constitute the conflict of interest code of the Contra Costa County Juvenile Justice-Delinquemcy Prevention Commission. Designated employees shall file statements of economic interests with the Secretary of the Juvenile Justice- Delinquency Prevention Commission who will make the statements available for public inspection and reproduction. (Gov. Code Section 81008) . Upon receipt of the statements of the Commission members, the Secretary shall make and retain a copy and forward the original of the statements to the clerk of the Contra Costa County Board of Supervisors . 6 - EXHIBIT "A" Designated Positions Disclosure Category 1 . Commission Members 1 EXHIBIT "B" Disclosure Category 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. 1 . Designated Employees in Category 11111 must report : (a) All investments, 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 . These financial interests are reportable only if located within Contra Costa County or if the business entity is doing business or planning to do business in the County (and such plans are known by the designated employee) or has done business within the County at any time during the two years prior to the filing of the statement . (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 Contra Costa County, or with any public agency within Contra Costa County, to provide services, supplies, materials, machinery or equipment to either party. TO: BOARD OF SUPERVISORS FROM: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel DATE: February 14, 1995 SUBJECT: Amendment to Conflict of Interest Code of the Contra Costa Resource Conservation District SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Approve Amendment to Exhibit A to the above-named entity's Conflict of Interest Code to substitute Exhibit A to said code, as shown on the attached memorandum from the entity. BACKGROUND/REASONS FOR RECOMMENDATIONS The Contra Costa Resource Conservation District has amended Exhibit A to its code and submitted the amendment to the Board for approval pursuant to Government Code sections 87306 and 87306 . 5 . CONTINUED ON ATTACHMENT: YES XXX SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEEI APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON FEB 28 2 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 FEB '28 99 cc: Clerk, Board of Supervisors PHIL BATCHELOR, CLERK OF Contra Costa Resource THE BOARD OF SUPERVISORS Conservations District AND COUNTY ADMINISTRATOR BY 2DEPUTY MAM/f j b fjb 3-93a:\board.CCR COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA . Date: February 14, 1995 To: Clerk, Board of Supervisors From: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel Re: Re: Conflict of Interest Code of the Contra Costa Resource Conservation District Attached hereto are amendments to the Conflict of Interest Code for the Contra Costa Resource Conservation 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 attached. MAM/f jb cc: Thomas D. Brumleve attachments FJB-4a:\conf1ict.fm Contra Costa Resource Conservation District 5552 Clayton Road -Concord, California 94521 - Phone (510) 672-6522 RECEIVED July 20, 1994 x .11ll. 2 81994 4 CLERK BOARD OF SUPEMSORS CONT;.A COSTA CO. Clerk of the Board of Supervisors 651 Pine Street, Suite 106 Martinez, California 94553 SUBJECT: Statement for Government Code Section 87306.5 At the July 20, 1994 regular board meeting of the Contra Costa Resource Conservation. District, directors reviewed Conflict of Interest Code. District no longer has position of District Manager, there- for pursuant to Government Code 87306. 5, Contra Costa Resource Conservation District hereby amends Conflict of Interest Code as follows: Exhibit A - Delete District Manager position. We hereby submit the above proposed amendment to the code reviewing body, the Board of Supervisors, for approval. Please advise when the Board of Supervisors has approved the amendment as submitted. Sincerely, Thomas D. Brumleve President enclosure (1) CONSERVATION - DEVELOPMENT - SELF-GOVERNMENT i EXHIBIT "A" Designated Positions Disclosure Category Members of CCRCD Board of Directors 1 and .2 CLERK OF THE BOARD Inter - Office Memo '.LSO: County Counsel DATE: 8/3/94 Attn: Mary Anne Mason Deputy County Counsel FROM: Jeanne Magli Chief Clerk qY1\ 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 Contra Costa Resource Conservation District Upon receipt of your recommendation, the amended Code will be listed on the Board Agenda. j in Attachment cc: C.C. Resource Conservation District Contra Costa Resource Conservation District 5552 Clayton Road-Concord, California 94521-Phone(510)672-6522 RECEIVE® r July 20, 1994 .& 2 8 CLERK BOARD OF SUPERVISORS COf�TfA COSTA CO. Clerk of the Board of Supervisors 651 Pine Street, Suite 1b6 Martinez, California 94553 SUBJECT: Statement for Government Code Section 87306. 5 At the July 20, 1994 regular board meeting of the Contra Costa Resource Conservation District, directors reviewed Conflict of Interest Code. District no longer has position of District Manager, there- for pursuant to Government Code 87306. 5, Contra Costa Resource Conservation District hereby amends Conflict of Interest Code as follows: Exhibit A - Delete District Manager position. We hereby submit the above proposed amendment to the code reviewing body, the Board of Supervisors, for approval. Please advise when the Board of Supervisors has approved the amendment as submitted. Sincerely, Thomas D. Brumleve President enclosure (1) CONSERVATION - DEVELOPMENT - SELF-GOVERNMENT RECEIVED RETURN BY OCTOBER 31 1994 TO: Clerk of the Board CLERK 80ARDOFSUPE RVISOAS of Supervisors CONTRACOSTACO. 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 CO[JTRA COSTA RFSOl1RCF COr4SFRVATLON DISTRICT submitted to the code reviewing body, the Board of Supervisors, for approval. Your proposed amendment must accompany this form. Dated: 7120/94 TOM S. D.. BRUMLEVE, President Completed By Agency: CONTRA COSTA RESOURCE CONSERVATION DISTRICT Address• 5552 Clayton Road Concord, CA 94521 Telephone No. : (510) 672-6522 THE FILING DATE FOR SUBMITTING THIS DOCUMENTS IS OCTOBER 3, 1994 EXHIBIT "A" Designated Positions Disclosure Category Members of CCRCD Board of Directors 1 and .2 District Manager, CCRCD 1 and 2 Contra Costa Resource Conservation District 5552 Clayton Road-Concord, California 94521 - Phone(510)672-6522 August 1, 1994 Clerk of the Board of Supervisors 651 Pine Street, Suite 106 Martinez, California 94551 Attention: Shirley Cossillas Subject: Statement for Government Code Section 87306.5 Proposed Amendment to Conflict of Interest Code In response to your recent request, enclosed is copy of Exhibit "A" to be attached to CCRCD's July 20, 1994 letter. Sincerely, ,i ine Gi ske dministrative Secretary enclosure - Exhibit "A" CONSERVATION - DEVELOPMENT - SELF-GOVERNMENT it TO: BOARD OF SUPERVISORS FROM: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel DATE: February 14, 1995 SUBJECT: Amendment to Conflict of Interest Code of the County Library of Contra Costa County SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Revise entity' s code to delete pages one through four of the entity' s code as duplicative. Approve Amendment as modified to the above named Department's Conflict of Interest Code, as attached hereto. 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 XXX SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON ME APPROVED AS RECOMMENDED ✓ OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A V/ 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 FED 28 im cc: Clerk, Board of Supervisors PHIL BATCHELOR, CLERK OF County Library THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY DEPUTY MAM/f jb fjb 3-93a:\board.L1B COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: February 14, 1995 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 Library 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 as modified. Please place this matter on the Board of Supervisors , agenda as requested by the Department. A draft Board order is attached. MAM/f jb cc: Jeanne Fabbri, County Library Attachments FJB--4a:\c0nf1ict.fm APPENDIX "A" CONFLICT OF INTEREST CODE FOR THE CONTRA COSTA COUNTY LIBRARY The Political Reform Act, Government Code Section 81000, et seg., requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation, 2 California Code of Regulations, previously called the California Administrative Code, 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 California Code of Regulations 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, constituting the conflict of interest code for the Contra Costa County Library. Designated employees shall file statements of economic interests 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 County Librarian, the agency shall make and retain a copy and forward the original of these states to the Clerk of the Board of Supervisors. Statements for all other designated employees will be retained by the agency. 5 APPENDIX "B" CONFLICT OF INTEREST CODE OF THE COUNTY LIBRARY OF CONTRA COSTA COUNTY DESIGNATED POSITIONS DISCLOSURE CATEGORY County Librarian 1 Assistant County Librarian 1 Administrative Services Officer 1 Deputy County Librarians 2 Library Automated Systems Manager 2 Library Adult Services Manager 2 Library Collection Development Manager 2 Library Literacy Director-Project 2 cAjeannekode.I 9/28/94 6 APPENDIX "C" CONFLICT OF INTEREST CODE OF THE COUNTY LIBRARY OF CONTRA COSTA COUNTY 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. 1. Designated Employees in Category "1" must report: (a) All investments, 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. These financial interests are reportable only if located within Contra Costa County or if the business entity is doing business or planning to do business in the County (and such plans are known by the designated employee) or has done business within the County at any time during the two years prior to the filing of the statement. (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 Contra Costa County, or with any public agency within Contra Costa County, to provide services, supplies, materials, machinery or equipment to either party. 2. Designated Employees in Category "2" 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 any business entity, which has within the last two years contracted, or foreseeably may contract, with Contra Costa County to provide services, supplies, materials, machinery or equipment to the County Library. cAjeannekode.l 90.!8/94 7 CLERK OF THE BOARD Inter - Office Memo TO: County Counsel DATE: 10/17/94 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 Contra Costa County Library Upon receipt of your recommendation, the amended Code will be listed on the Board Agenda. jm Attachment CC: Jeanne Fabbri, Contra Costa County Library RETURN BY OCTOBER 3, 1994 TO: Clerk of the Board j 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 2992-2994 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 the Contra Costa County Library submitted to the code reviewing body, the Board of Supervisors, for approval. Your proposed amendment must accompany this form.; Dated: October 3 , 1994 TPainnP Fnhhri Completed By Agency: Contra . Costa County Library Address: 1750 Oak Park Boulevard Pleasant Hill, CA 94523 Telephone No. : 646-6423 THE FILING DATE FOR SUBMITTING THIS DOCUMENTS IS OCTOBER 31 1994 f RECEIVE® OCT 14 CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. CONFLICT OF INTEREST CODE OF THE COUNTY LIBRARY OF CONTRA COSTA COUNTY Section 100. Purpose. Pursuant to the provisions of the Government Code sections 87300, et seq., the County Library 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 87100 et seq.). The provisions of this Code are additional to Government Code Section 87100 and other laws pertaining to conflict of interest. Except as otherwise indicated, and subject to the provisions of Appendix "A", attached, hereto, 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 Appendix "B" 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 Appendix "C". 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 interest shall file the original with the Executive Secretary. b. In the case of agency heads and the members of boards and commissions, the Executive Secretary shall make and retain a copy 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 30 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 30 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. 1 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 positions. e. A designated employee required to file a statement of financial interest under any other agency's conflict of interest code, or under Article 2 of Chapter 7 of the Political Reform Act for a jurisdiction contained within the territorial jurisdiction of this agency may comply with the provisions of this Code by filing a duplicate copy of that statement and an expanded statement which covers reportable interests in that portion of this agency's jurisdiction which differs from the jurisdiction described in the other statement. Section 500. Contents of Disclosure Statements. Disclosure statements shall be made on forms supplied by the Clerk of Contra Costa County, and shall contain the following information: a. Contents of Investment and Real Property Reports: When an investment or an interest in real property is required to be reported, the statement shall contain: (1) A statement of the nature of the investment or interest; (2) The name of the business entity in which each investment is held and a general description of the business activity in which the business entity is engaged; (3) The address of 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 personal income is required to be reported, the Statement shall contain: 2 (1) The name and address of each source of income aggregating two hundred and fifty dollars ($250) or more in value, or fifty dollars ($50) or more in value if the income was a gift, and a general description of the business activity, if any of each source. In the case of a gift received through an intermediary, the name, address, and business activity of both the donor and the intermediary must be disclosed. (2) A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was at least two hundred fifty dollars ($250) but did not exceed one thousand dollars ($1,000), whether it was in excess of one thousand dollars ($1,000) but was not greater than ten thousand dollars ($10,000), or whether it was greater than ten thousand dollars ($10,000); (3) A description of the consideration, if any, for which the income was received; (4) In the case of a gift, the amount and the date on which the gift was received; (5) In the case of a loan, the annual interest rate and the security, if any, given for the loan. C. Contents of Business Entity Income Reports: When income of a business entity, including income of a sole proprietorship, is required to be reported, the statement shall contain; (1) The name, address, and a general description of the business activity of the business entity; (2) The name of every person from whom the business entity received payments if the filer's prorata share of gross receipts from such person was equal to or greater than ten thousand dollars ($10,000) during a calendar year. d. Contents of Management Positions Reports: When management positions are required to be reported, designated employees shall list the name of each business entity not specified above in which they are a director, officer, partner, trustee, employee, or in which they hold any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. 3 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. cAjeannekode.l 9/28/94 4 APPENDIX "A" CONFLICT OF INTEREST CODE FOR THE CONTRA COSTA COUNTY LIBRARY 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 California Code of Regulations, previously called the California Administrative Code, 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 California Code of Regulations 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, constituting the conflict of interest code for the Contra Costa County Library. Designated employees shall file statements of economic interests 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 County Librarian, the agency shall make and retain a copy and forward the original of these states to the Clerk of the Board of Supervisors. Statements for all other designated employees will be retained by the agency. 5 APPENDIX "B" CONFLICT OF INTEREST CODE OF THE COUNTY LIBRARY OF CONTRA COSTA COUNTY DESIGNATED POSITIONS DISCLOSURE CATEGORY County Librarian 1 Assistant County Librarian 1 Administrative Services Officer 1 Deputy County Librarians 2 Library Automated Systems Manager 2 Library Adult Services Manager 2 Library Collection Development Manager 2 Library Literacy Director-Project 2 cAjeannekode.l 9/29/94 6 APPENDIX "C" CONFLICT OF INTEREST CODE OF THE COUNTY LIBRARY OF CONTRA COSTA COUNTY 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. 1. Designated Employees in Category "1" must report: (a) All investments, 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. These financial interests are reportable only if located within Contra Costa County or if the business entity is doing business or planning to do business in the County (and such plans are known by the designated employee) or has done business within the County at any time during the two years prior to the filing of the statement. (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 Contra Costa County, or with any public agency within Contra Costa County, to provide services, supplies, materials, machinery or equipment to either party. 2. Designated Employees in Category "2" 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 any business entity, which has within the last two years contracted, or foreseeably may contract, with Contra Costa County to provide services, supplies, materials, machinery or equipment to the County Library. Ojeannekode.l 9/28/94 7 TO: BOARD OF SUPERVISORS FROM: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel DATE: February 14 , 1995 SUBJECT: Amendment to Conflict of Interest Code of the Criminal Justice Agency of Contra Costa County SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Approve Amendment to the above-named entity' s Conflict of Interest Code, as shown on the attached memorandum from said entity. BACKGROUND/REASONS FOR RECOMMENDATIONS The entity has amended its code and submitted the amendment to the Board for approval pursuant to Government Code sections 87306 and 87306 . 5 . k: CONTINUED ON ATTACHMENT: YES XXX SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON FEB 2 81995' APPROVED AS RECOMMENDED ✓ OTHER VOTE OF SUPERVISORS / I HEREBY CERTIFY THAT THIS IS A ✓ UNANI:MOUS (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. FEB 2 8 1 Orig: County Counsel ATTESTED cc: Clerk, Board of Supervisors PHIL BATCHELOR, CLERK OF Criminal Justice Agency THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY , DEPUTY MAM/f j b fjb 3-93a:\board.LIB r COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: February 14, 1995 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 Criminal Justice Agency 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 above-named entity. A draft Board order is attached. MAM/f jb cc: George Roemer, Criminal Justice Agency Attachments FJB-4a:\conf1ict.fm CONFLICT OF INTEREST CODE of the CRIMINAL JUSTICE AGENCY OF CONTRA COSTA COUNTY SECTION 100 - PURPOSE Pursuant to the provisions of Government Code Sections 87300, et. seq. , the Criminal Justice Agency of Contra Costa County 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 the 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 consistently therewith. SECTION 200 - DESIGNATED POSITIONS AND EMPLOYEES The positions listed in Exhibit "A" (attached hereto) 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 are assigned, in Exhibit "A" , 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 assigned category(s) for his position. SECTION 400 - PLACE AND TIME OF FILING (a) Every designated employee shall file the original of his statement of financial interests with the Executive Director, Criminal Justice Agency. (b) In the case of the head of the agency and members of boards - and commissions, the Executive Director shall make and retain a copy, and forward the original to the Clerk of the Board of Supervisors . (c) Every designated employee shall submit his initial statement within 30 days after the effective date of this Code. 1 (d) Officers and employees appointed, promoted or transferred to designated positions shall file initial statements not less than 10 days before assuming office, unless an earlier assumption of office is required by emergency circumstances, in which case the statement shall be filed within 30 days thereafter. (e) Every designated employee shall file an annual statement during the month of April and no later than April 30 covering 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. ( f) A designated employee required to file a statement of financial interest with any other public agency in this County 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, if it contains the information required under this code. SECTION 500 DISCLOSURE STATEMENT, FORM AND CONTENTS (a) Clerk of the Board of Supervisor's Forms . Disclosure statements shall be made on forms supplied by the Clerk of the Board of Supervisors . (b) Contents of Real .Property and Investment Reports . When an . interest in real property, or an investment, must be reported, the statement shall contain: ( 1) Nature: A statement of the nature of the interest or investment; (2) Location: The address or other precise location of the real property; ( 3) Business : 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; (4) Value: A statement whether the fair market value of the interest in real property (except real property used principally as the residence of the filer) or investment exceeds $10,000, and whether it exceeds $100,000; and (5) 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 2 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. (c) Contents of Personal Income Reports. When personal income must be reported, the statement shall contain: ( 1) Source: The name and address of each source of income aggregating $250 or more in value, or $50 or more in value if the income was a gift; and a general description of the business activity, if any, of each source; (2) Value: A statement whether the aggregate value of income from each source was greater than $1,000, and whether it was greater than $10,000; (3) Consideration: A description of the consideration, if any, for which the income was received; (4) Gifts : 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 description of the gift; the amount or value of the gift; and the date on which the gift was received; and (5) Loans : In the case of a loan, the annual interest rate and the security, if any, given for the loan. t (d) Contents of Business Entity Income Reports : When income of a business entity, including income of a sole proprietorship, must be reported, the statement shall contain: ( 1) Entity: The name, address, and a general description of the business activity of the business entity; (2 ) Fees : In the case of a business entity which provides legal or brokerage services, the name of every person who paid fees to the business entity, if the filer's prorate share of fees . from such person was equal to or greater than $1,000 during a calendar year; and (3) Payors : In the case of other business entities, the name of every person from whom the business entity received payments if the filer' s prorata share of gross receipts 3 from such person was equal to or greater than $10,000 during a calendar year. (e) 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 description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. 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. Rev. 9/12/94 4 EXHI BIT " A " DISCLOSURE DESIGNATED POSITIONS CATEGORIES 1 . Executive Director 1 & 2 Criminal Justice Agency 2 . Criminal Justice Agency 2 Board members and alternates E X H I B I T B " DISCLOSURE CATEGORIES An investment, interest in real property, or income is reportable if the business entity in which the investment is held, the interest in real property, or the income or source of income may foreseeably be affected materially by any decision made or participated in by the designated employee by virtue of the employee's position. Designated Employees in Group "1" 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 Contra Costa County or if the business entity is doing business or planning to do business in the County (and such plans are known by the designated employee) or has done business within the County at any time during the two years prior to the filing of the statement. Designated Employees in Group "2" Must Report: Investments in any business entity, income from any source, and his or her 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 Criminal Justice Agency of Contra Costa County to provide services, supplies, materials, machinery or equipment to such Agency. 5 CLERK OF THE BOARD Inter - Office Memo TO: County Counsel DATE: 9/13/94 Attn: Mary Anne Mason Deputy County Counsel FROM: Jeanne Maglion 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 Criminal Justice Agency of Contra costa County Upon receipt of your recommendation, the amended Code will be listed on the Board Agenda. jm Attachment cc: Criminal Justice Agency, George Roemer J 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 Criminal Justice Agency of Contra Costa County submitted to the code reviewing body, the Board of Supervisors, for approval. Your ropy amendment must accompany this form. J i Dated: 9j12/94 l oe ed Y George emer, Executive Agency: Criminal Justice Agency Director Address: 651 Pine Street , 10th Floor Martinez , CA 94553 Telephone No. : ( 510 ) 646-4855 THE FILING DATE FOR SUBMITTING THIS DOCUMENT' IS OCTOBER 3, 1994 E O SUPERVISORS CONFLICT OF INTEREST CODE of the CRIMINAL JUSTICE AGENCY OF CONTRA COSTA COUNTY SECTION 100 - PURPOSE Pursuant to the provisions of Government Code Sections 87300, et. seq. , the Criminal Justice Agency of Contra Costa County 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 the 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 consistently therewith. SECTION 200 - DESIGNATED POSITIONS AND EMPLOYEES The positions listed in Exhibit "A" (attached hereto) 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 are assigned, in Exhibit "A" , 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 assigned category(s) for his position. SECTION 400 - PLACE AND TIME OF FILING (a) Every designated employee shall file the original of his statement of financial interests with the Executive Director, Criminal Justice Agency. (b) In the case of the head of the agency and members of boards and commissions, the Executive Director shall make and retain a copy, and forward the original to the Clerk of the Board of Supervisors . (c) Every designated employee shall submit his initial statement within 30 days after the effective date of this Code. 1 (d) Officers and employees appointed, promoted or transferred to designated positions shall file initial statements not less than 10 days before assuming office, unless an earlier assumption of office is required by emergency circumstances, in which case the statement shall be filed within 30 days thereafter. (e) Every designated employee shall file an annual statement during the month of April and no later than April 30 covering 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. ( f) A designated employee required to file a statement of financial interest with any other public agency in this County 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, if it contains the information required under this code. SECTION 500 - DISCLOSURE STATEMENT, FORM AND CONTENTS (a) Clerk of the Board of Supervisor's Forms . Disclosure statements shall be made on forms supplied by the Clerk of the Board of Supervisors . (b) Contents of Real Property and Investment Reports . When an interest in real property, or an investment, must be reported, the statement shall contain: ( 1) Nature: A statement of the nature of the interest or investment; (2) Location: The address or other precise location of the real property; ( 3) Business : 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; (4) Value: A statement whether the fair market value of the interest in real property (except real property used principally as the residence of the filer) or investment exceeds $10,000, and whether it exceeds $100,000; and (5) 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 2 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. (c) Contents of Personal Income Reports . When personal income must be reported, the statement shall contain: ( 1) Source: The name and address of each source of income aggregating $250 or more in value, or $50 or more in value if the income was a gift; and a general description of the business activity, if any, of each source; (2) Value: A statement whether the aggregate value of income from each source was greater than $1,000, and whether it was greater than $10,000; ( 3) Consideration: A description of the consideration, if any, for which the income was received; (4) Gifts : 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 description of the ,gift; the amount or value of the gift; and the date on which the gift was received; and LZ Loans : In the case of a loan, the annual interest rate and the security, if any, given for the loan. (d) Contents of Business Entity Income Reports : When income of a business entity, including income of a sole proprietorship, must be reported, the statement shall contain: ( 1) Entity: The name, address, and a general description of the business activity of the business entity; (2 ) Fees : In the case of a business entity which provides legal or brokerage services, the name of every person who paid fees to the business entity, if the filer' s prorate share of fees from such person was equal to or greater than $1,000 during a calendar year; and ( 3) Payors : In the case of other business entities, the name of every person from whom the business entity received payments if the filer's prorata share of gross receipts 3 from such person was equal to or greater than $10,000 during a calendar year. (e) 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. 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. Rev. 9/12/94 4 EXHI BIT " A " DISCLOSURE DESIGNATED POSITIONS CATEGORIES 1. Executive Director I & 2 Criminal Justice Agency 2 . Criminal Justice Agency 2 Board members and alternates E X H I B I T B " DISCLOSURE CATEGORIES An investment, interest in real property, or income is reportable if the business entity in which the investment is held, the interest in real property, or the income or source of income may foreseeably be affected materially by any decision made or participated in by the designated employee by virtue of the employee's position. Designated Employees in Group "1" 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 Contra Costa County or if the . business entity is doing business or planning to do business in the County (and such plans are known by the designated employee) or has done business within the County at any time during the two years prior to the filing of the statement. Designated Employees in Group 112" Must Report: Investments in any business entity, income from any source, and his or her 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 Criminal Justice Agency of Contra Costa County to provide services, supplies, materials, machinery or equipment to such Agency. 5 TO: BOARD OF SUPERVISORS FROM: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel DATE: February 14 , 1995 SUBJECT: Amendment to Conflict of Interest Code of the Antioch Area Public Facilities Financing Agency SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Revise entity' s code to delete the ten page "Conflict of Interest Code of the Designated Employees of the Antioch Area Public Facilities Financing Agency" as duplicative. Approve Amendment, as modified of the above entity's Conflict of Interest Code, as attached hereto. BACKGROUND/REASONS FOR RECOMMENDATIONS The entity 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 XXX SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON FEB b 8 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS . r 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 FEB 2 8 = cc: Clerk, Board of Supervisors PHIL BATCHELOR, CLERK OF Antioch Area Public Fac. THE BOARD OF SUPERVISORS Fin . Agency AND COUNTY ADMINISTRATOR BY , DEPUTY MAM/f jb f COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: February 14 , 1995 7o: Clerk, Board of Supervisors From: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County.Counsel He: Conflict of Interest Code of the Antioch Area Public Facilities Financing Agency Attached hereto are amendments to the Conflict of Interest Code for the above-named entity. The amendments are approved as to form as modified. Please place this matter on the Board of Supervisors ' agenda as requested by the entity. A draft board order is attached. MAM/f j b cc: James R. Wells Antioch Area Public Facilities Financing Agency Attachments J-12:a:\confinemo.mtd r A: t '• y ANTIOCH UNIFIED SCHOOL DISTRICT 51 O"G"Street-P.O. BOX 768,Antioch,California 945090904 TELEPHONE(510)706-4100-FAX.(510)757-2937 ALAN J.NEWELL,J.D. JAMES R.WELLS,Ph.D. SUPERINTENDENT OF SCHOOLS ASSISTANT SUPERINTENDENT:BUSINESS SERVICES DENNIS GOETTSCH JAMES M.PATTON ASSISTANT SUPERINTENDENT:PERSONNEL SERVICES DIRECTOR RESEARCH AND DEVELOPMENT LYNN STRAIGHT,Ph.D. WILLIAM R.MURRAY ASSISTANT SUPERINTENDENT:EDUCATIONAL SERVICES AL - DIRECTOR PERSONNEL COMMISSION September 15, 1994 Mr. Phil Batchelor Clerk of the Board of Supervisors County Administration Building 651 Pine Street, Room 106 Martinez, California 94553-1293 Subject: Conflict of Interest Code Review Dear Mr. Batchelor: We have enclosed a copy of our revised Conflict of Interest Code which was adopted by the Antioch Area Public Facilities Financing Agency of the Community Facilities District 1989-1 at their meeting of September 12, 1994. The only change is the additional language that is to be attached to the present code. We are also returning your Statement for Government Code Section 87306.5 Form which is to be submitted to you no later than October 3, 1994. Yours very truly, James R. Wells Assistant Superintendent, Business Services JRW:bmc Enclosures .ri t l i `1 AMENDMENT TO CONFLICT OF INTEREST CODE FOR THE ANTIOCH AREA PUBLIC FACILITIES FINANCING AGENCY 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 Antioch Area Public Facilities Financing Agency (the "Agency") of Contra Costa County has adopted a conflicts of interest code (the "Conflicts Code") . The Fair Political Practices Commission has adopted a regulation (2 Cal . Code of Regs. Sec. 18730) (the "Regulation") which contains the terms of a standard conflict of interest code, which can be incorporated by reference in an agency's code. After public notice and hearing the Regulation may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the Regulation and any amendments thereto are hereby incorporated by reference into the Conflicts Code. The Conflicts Code, the Regulation and the attached Appendix A designating officials and employees and disclosure categories, shall constitute the conflict of interest code of the Agency. Designated employees shall file their statements with the Agency who will make the statements available for public inspection and reproduction. (Gov. Code Section 81008) . Statements for all designated employees will be retained by the Agency. sFs-�easa Appendix A ]DESIGNATED PERSONNEL Certain positions may require an employee's participation in decisions affecting individual financial interests. These positions are designated below. Employees holding these positions shall report their financial interests as specified in the Agency's Conflict of Interest Code. ROSITION DISCLOSURE CATEGORY Members of the Governing Board ALL Secretary to the Governing Board ALL Treasurer to the Governing Board ALL Controller ALL Consultant* ALL Legal Counsel* ALL * The President 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 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 President'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. DISCLOSURE CATEGORIES. The following disclosure categories are hereby established: Category 1: Investments, business positions in business entities, and sources of income, of the type which contract with the Agency to supply materials, commodities, supplies, books, machinery, vehicles or equipment utilized by the Agency or the Antioch Unified School District. sFx auaas.i A-1 j Category 2: Investments, business positions in business entities, and sources of income, which are contractors or subcontractors, engaged in the performance of work or services of the type utilized by the Agency, including, but not limited to, insurance companies, carriers, holding .companies, underwriters, agents, solicitors, brokers or accounting firms. Category 3: Investments, business positions in business entities, and sources of income, which have filed a claim or claims against the Agency. Category 4: Investments, business positions in business entities, and sources of income which are of the type in which the Agency is empowered to invest its funds. sFs-aaaas.i A-2 CLERK OF THE BOARD Inter - Office Memo TO: County Counsel DATE: 9/19/94 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 Antioch Area Public Facilities Finacing Agency Upon receipt of your recommendation, the amended Code will be listed on the Board Agenda. Jm Attachment cc: James R. Wells, A.A.P.F.F.A. LCLELO IVED 6 W4 F SUPEIMSORS RETURN BY OCTOBER 3, 1994 TO: Clerk of the BoardCOSTA 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 Antioch Area Public a iliti s Financing Agency submitted to the code reviewing body, the Board of Supervisors, for approval. Your proposed amendment must accompany this form. Dated: 9/15/94 James R. Wells Completed By Agency: Antioch Area Public Facilities Financing'': Address: P.O. Box 768 Agency Antioch, Calif. 94509 Telephone No. : (510) 706-5322 THE FILING DATE FOR SUBMITTING THIS DOCUMENTS IS OCTOBER 3, 1994 AMENDMENT TO CONFLICT OF INTEREST CODE FOR THE ANTIOCH AREA PUBLIC FACILITIES FINANCING AGENCY 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 Antioch Area :Public Facilities Financing Agency (the "Agency") of Contra Costa County has adopted a conflicts of interest code (the "Conflicts Code") . The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs. Sec. 18730) (the "Regulation") which contains the terms of a standard conflict of interest code, which can be incorporated by reference in an agency's code. After public notice and hearing the Regulation may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the Regulation and any amendments thereto are hereby incorporated by reference into the Conflicts Code. The Conflicts Code, the Regulation and the attached Appendix A designating officials and employees and disclosure categories, shall constitute the conflict of interest code of the Agency. Designated employees shall file their statements with the Agency who will make the statements available for public, inspection and reproduction. (Gov. Code Section 81008) . Statements for all designated employees will be retained by the Agency. SF2-34845.1 Appendix A DESIGNATED PERSONNEL Certain positions may require an employee' s participation in decisions affecting individual financial interests. These positions are designated below. Employees holding these positions shall report their financial interests as specified in the Agency's Conflict of Interest Code. POSITION DISCLOSURE CATEGORY Members of the Governing Board ALL Secretary to the Governing Board ALL Treasurer to the Governing Board ALL Controller ALL Consultant* ALL Legal Counsel* ALL * The President 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 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 President' 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. DISCLOSURE CATEGORIES. The following disclosure categories are hereby established: Category 1: Investments, business positions in business entities, and sources of income, of the type which contract with the Agency to supply materials, commodities, supplies, books, machinery, vehicles or equipment utilized by the Agency or the Antioch Unified School District. SF2-34845.1 A-1 Category 2 : Investments, business positions in business entities, and sources of income, which are contractors or subcontractors, engaged in the performance of work or services of the type utilized by the Agency, including, but not limited to, insurance companies, carriers, holding companies, underwriters, agents, solicitors, brokers or accounting firms. Category 3: Investments, business positions in business entities, and sources of income, which have filed a claim or claims against the Agency. Category 4: Investments, business positions in business entities, and sources of income which are of the type in which the Agency is empowered to invest its funds. si2-34945.1 A-2 CONFLICT OF INTEREST CODE OF THE DESIGNATED EMPLOYEES OF THE ANTIOCH AREA PUBLIC FACILITIES FINANCING AGENCY SECTION 100 . PURPOSE. Pursuant to Government Code 87300 et seq. , the Political Reform Act of 1974, the Antioch Area Public Facilities Financing Agency hereby adopts the following Conflict of Interest Code . This Code is intended to provide the public with necessary information regarding the financial interests of public employees and appointees while at the same time allowing as little intrusion into the private affairs of Agency employees and appointees as possible . 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 hereby considered to be designated positions as defined in the Political Reform Act of 1974 . Officers, appointees, employees and members holding these 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 . EXHIBIT "A" may be amended from time to time by resolution. SECTION 300 . DISH-OSURE CATEGORIES. The following disclosure categories are hereby established: Category 1 . Interest in Real Property. Persons in this category shall disclose all interests in real property located in whole or in part within the boundaries of the Community Facilities District 1989-1, although not including their personal residences . Category 2 . Investments . Persons in this category shall disclose all investments in business entities located or doing business, or planning to do business, within the boundaries of the Community Facilities District 1989-1 . Category 3 . Personal Income . Persons in this category shall disclose all sources of income as defined in the Political Reform Act of 1974, except the income received from the City of Antioch and/or the Antioch Unified School District . Category 4 . Management Positions . Persons in this category shall disclose the holding of management positions with any business entity located, doing business, planning to do business, or having done business in the last two (2) years within the boundaries of the Community Facilities District 1989-1 . SECTION 400 . DISCLOSURE STATEMENTS. Each designated employee shall file an annual statement disclosing that employees ' interest in investments, real property, business positions, and income, designated as reportable under the category to which the employees ' position 2 is assigned in EXHIBIT "A" . SECTION 500 . PLACE AND TIME OF FILING, A. All designated employees required to submit a statement of economic interests shall file the original with the secretary of the Antioch Area Public Facilities Financing Agency. B. 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 designated by an amendment to this code, shall file an initial statement within 30 days after the effective date of the amendment . Employees appointed, promoted or transferred to designated positions shall file initial statements 30 days after date of employment . C. Annual statements shall be filed by all designated persons after December 21, but not later than April 1 , disclosing reportable investments in business entities, interests in real property, and income held or received in the period from the closing date of the person ' s previously filed initial or annual statement, whichever is most recent, through December 31 . D. Each person who leaves a designated position specified in EXHIBIT "A" shall file a "leaving office statement" within thirty (30) days after appointment or employment has terminated. 3 E . A designated employee required to file a statement of financial interest with any other agency which has the same territorial jurisdiction as, or includes the territorial jurisdiction of, this agency may comply with the provisions of this code by filing an originally signed duplicate copy of that statement in lieu of an entirely separate document . SECTION 600 . CONTENTS OF DISCLOSURE STATEMENTS. A. Contents of Disclo , Statements. Disclosure statements shall be made on forms supplied by the Secretary of the Antioch Area Public Facilities Financing Agency, and shall contain the following information, depending on the disclosure category of any particular person: 1 . Contents of Investment and Real Property } eyorts . When an investment, or an interest in real property, is required to be reported, the statement shall contain: (a) A statement of the nature of the investment or interest; (b) 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; (c) The address or other precise location of the real property; and (d) A statement whether the fair market value of the investment or interest in real property exceeds one thousand dollars ($1, 000) but does not exceed ten thousand 4 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 uses exclusively as the personal residence of the filer. 2 . Contents of Personal Income Reports . When personal income is required to be reported, the statement shall contain : (a) The name and address of each source of income aggregating two hundred fifty dollars ($250 . 00) 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; (b) 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 and fifty dollars ($250) but did not exceed one thousand dollars ($1, 000) , whether it was an 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) ; (c) A description of the consideration, if any, for which the income was received; and (d) 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 description of the gift; the amount 5 or value of the gift; and the date on which the gift was received. (e) In the case of a loan, the annual interest rate and the security if any, given for the loan. 3 . Contents of Busin _G Rnti -y Income Reports . When income of a business entity, including income of a sole proprietorship, is required to be reported, the statement shall contain: (a) The name, address, and a general description of the business activity of the business entity; (b) In the case of a business entity which provides legal or brokerage services, the name of every person who paid fees to the business entity if the filer's pro rata share of fees from such person was equal to or greater than $1, 000. 00; and (c) In the case of a business entity not covered by paragraph (b) , 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 $10, 000 .00 during a calendar year. 4 . Contents of Management Positions Reports . When management positions are required to be reported, designated persons shall list the names 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 . 6 B. Contents of Initial Statements , The initial statement filed by a person appointed to a designated position shall disclose any reportable investments and interests in real property, regardless of his or her disclosure category. C. Contents of Annual Statements . The annual statement filed by a designated person shall disclose any reportable investments, interests in real property, and income during the period since the previous statement was filed. D. Contents' of Leaving Office Statements . The leaving office statement filed by designated persons shall disclose reportable investments, interests in real property, and income during the period since the closing date of the previous statement filed pursuant to this Code . The statement shall include any investments in business entities, interests in real property, and income held or received at any time during the period covered by the statement, whether or not they are still held at the time of filing. E . AcQuisition or Disposal During Reporting Period. In the case of a statement filed under Sections 1 (C) and (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 shall be disclosed. 7 SECTION 700 . DISQUALIFICATION. Designated employees must disqualify themselves from making or participating in the making of or using their official position to influence the making of any decisions in which they have a reportable financial interest, when it is reasonably forseeable 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. SECTION 800 . MANNER OF DISQUALIFICATION. A designated person required to disqualify himself or herself shall notify his or her immediate supervisor in writing whenever possible . This notice shall be forwarded to the Secretary, who shall record the person's disqualification. Upon receipt of such statement, the superior shall immediately reassign the matter to another employee . In the case of a designated person who is a member of a commission, board or committee, notice of disqualification shall be given at the meeting during which consideration of the decision takes place and shall be made part of the official record of the commission, board or committee. The member shall then refrain from participating and shall attempt in no way to use his or her official position to influence any other person with respect to the matter. 8 SECTION 900 . DEFINITION OF TERMS. Definition of terms contained in this Code shall be consistent with the definition of identical terms contained in the Political Reform Act of 1974, Government Code 87100 et seq. , as amended, and with the definition of identical terms contained in the latest Regulations of the Fair Political Practices Commission,, 2 Cal . Admin. Code 18700-18704 . 9 EXHIBIT "A" DESIGNATED POSITIONS DISCLOSURE CATEGORY Members of the Governing Board 1,2, 3, 4 Secretary to the Governing Board 1,2, 3, 4 Treasurer to the Governing Board 1, 2, 3, 4 Controller 1, 2, 3, 4 11 ANTIOCH UNIFIED SCHOOL DISTRICT 51 O"G"Street-P.O.Box 768,Antioch, California 94509-0904 TELEPHONE(510)706-4100-FAX. (510)757-2937 ALAN J.NEWELL,J.D. �-_ JAMES R.WELLS,Ph.D. SUPERINTENDENT OF SCHOOLS / ASSISTANT SUPERINTENDENT:BUSINESS SERVICES DENNIS GOETTSCH JAMES M.PATTON ASSISTANT SUPERINTENDENT:PERSONNEL SERVICES t, .. 'Iu DIRECTOR RESEARCH AND DEVELOPMENT LYNN STRAIGHT,Ph.D. t WILLIAM R.MURRAY ASSISTANT SUPERINTENDENT:EDUCATIONAL SERVICES DIRECTOR PERSONNEL COMMISSION September 15, 1994 Mr. Phil Batchelor Clerk of the Board of Supervisors County Administration Building 6,51 Pine Street, Room 106 Martinez, California 94553-1293 Subject: Conflict of Interest Code Review Dear Mr. Batchelor: We have enclosed a copy of our revised Conflict of Interest Code which was adopted by the Antioch Area Public Facilities Financing Agency of the Community Facilities District 1989-1 at their meeting of September 12, 1994. The only change is the additional language that is to be attached to the present code. We are also returning your Statement for Government Code Section 87306.5 Form which is to be submitted to you no later than October 3, 1994. Yours very truly, , /�"� James R. Wells Assistant Superintendent, Business Services JRW:bmc Enclosures