HomeMy WebLinkAboutMINUTES - 01101995 - 1.86 TO: BOARD OF SUPERVISORS
FROM: Victor J. Westman, County Counsel
By: Mary Ann McNett Mason, Deputy County Counsel
DATE: December 16 , 1994
SUBJECT: Amendment to Conflict of Interest Code of the Contra Costa
County Community College District
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Approve Amendments to the above named District' s Conflict of
Interest Code, as shown on the attached memorandum from said
District .
BACKGROUND/REASONS FOR RECOMMENDATIONS
The District has amended its code and submitted the amendment to
the Board for approval pursuant to Government Code sections 87306
and 87306 . 5 .
t
CONTINUED ON ATTACHMENT: YES SIGNATURE � 1ty04^`_
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATIOR 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 JAN I o pq,
cc: Contra Costa County Community PHIL BATCH , CLERK OF
College District THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
BYT�I',a,���Q� DEPUTY
1
CONTRA COSTA COMMUNITY COLLEGE DISTRICT
Governing Board
Maria T.Viramontes,President Contra Costa College
William P. Moses,Vice President Diablo Valley College
Eugene H. Ross,Secretary Los Medanos College
William M.Corey
Lee R.Winters
Chancellor
Robert D.Jensen
October 27, 1994
Clerk of the Board of Supervisors
Contra Costa County
61 Pine Street, Room 106
Martinez, CA 94553
ATTENTION: Shirley Casillas
re: Statement of Government Code Section 87306.5
The Conflict of Interest Code for Contra Costa Community College District has
been reviewed for the 1992-94 review period. Recommended revisions to update the
Code were approved by the District's Governing Board on October 26, 1994. A copy of
the recommended revisions is now forwarded to the Board of Supervisors for approval.
Sincerely,
Jo Anne Ostrom
Business Services Staff Assistant
J
Enc.
(confictint\amend.ttr, FRECEIVED
3 1 1994
CLERK ROARD OF S;S';=:'-?V,,soRS
500 Court Street, Martinez, California 94553 (510)229-1000 FAX (510)370-6517
GOVERNING BOARD
CONTRA COSTA COMMUNITY COLLEGE DISTRICT
OF
CONTRA COSTA COUNTY
MARTINEZ,CALIFORNIA
REPORT NO. 28-E DATE October 26, 1994
PURPOSE Revisions to Conflict-of-Interest
TO MEMBERS OF THE GOVERNING BOARD
It is recommended that the attached revisions to the Contra Costa Community
College District Conflict-of-Interest Code be approved. The revisions update the policy
as follows:
Page 8: Conflict-of-Interest statements are filed with the Business Services Staff
Assistant.
Pages 11-12: Exhibit A: Designated positions have been updated to reflect
changes in management titles.
The modifications do not change the content of the policy.
APPROVED OCT2 6 1994
Disposition Date
Governing Board Secretary
Rules and Regulations of the Governing Board
CONFLICT-0F-INTEREST CODE
OF THE
CONTRA COSTA COMMUNITY COLLEGE DISTRICT
1
ADOPTION
In compliance with the Political Reform Act of 1974, California Government Code Section 81000, et
seq., the Contra Costa Community College District hereby adopts this Conflict-of-Interest Code, which
shall apply to all Governing Board members and designated employees of this District, as specifically
required by California Government Code Section 87300
II
DESIGNATED EMPLOYEES
The positions specifically enumerated in 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 foreseeably may have a material effect on a financial interest.
III
DISCLOSURE STATEMENT- FILING
Each designated employee shall file an annual statement disclosing reportable investments, business
positions, interest in real property and income required to be reported under the category or categories
to which the employee's position is assigned in Exhibit A. Disclosure categories are identified in Exhibit
B. An investment, business position, interest in real property, or income shall be reportable if the
business entity in which the investment is held, the interest in real property, the business position, or
the income or source of income forseeably may be affected materially by any decision made or
participated in by the designated employee by virtue of his/her position.
An initial statement shall be filed by each designated employee within 30 days after the effective date of
this Conflict-of-Interest Code disclosing investments, business positions, and interests in real property
held on the effective date of this Conflict-of-Interest Code and income received during the twelve
months before the effective date of this Conflict-of-Interest Code, and annual statements shall be filed
thereafter. Annual statements for the period of the preceding calendar year shall be filed during the
month of April. All new designated employees shall file assuming office statements no later than 30
days after assuming office.
Leaving office 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. An individual who resigns a designated position within 30 days following initial
appointment is not deemed to assume or leave office, provided that during the period between
appointment and resignation, the individual does not make, participate in making, or use the position to
influence any decision of the District or receive, or become entitled to receive, any form of payment by
virtue of being appointed to the position.
The statement shall be filed with the AdFAiRiStFative A6sirtant to the GhaRGeIIGF���MAWW M0,
,Oof the Contra Costa Community College District. For statements filed by members of the
Governing Board and the Chancellor, the District shall make and retain copies and forward the originals
to the Clerk of the Contra Costa County Board of Supervisors.
IV
DISCLOSURE STATEMENT-CONTENTS
Disclosure statements shall be made on forms supplied by the County Clerk of Contra Costa County
and shall contain the following information:
8
Rules and Regulations of the Governing Board
A. Investment of Interest in Real Property Report
When an investment of 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 doesnot 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). "Interest-in real property" does not include the principal
residence of the filer or any other property which the filer utilizes exclusively as the
personal residence of the filer.
S. If the property or investment was partially or wholly acquired or disposed of during the
period covered by the statement, the date of acquisition or disposal.
B. Personal Income Report
1. When income is required to be reported, the statement shall contain:
a. The name and address of each source of income or loan received or
outstanding 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 or an honorarium,
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 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).
C. A description of the consideration, if any, for which the income was received.
d. In the case of a gift or honorarium, the amount and date on which the gift or
honorarium was received.
e. In the case of a loan, the annual interest rate and security given.
C. Business Entity Income Report
1. 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. 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
9
Rules and Regulations of the Governing Board
greater than ten thousand dollars ($10,000) during a calendar year.
C. When a payment, including an advance reimbursement, for travel is required to
be reported pursuant to this section, it may be reported on a separate travel
reimbursement schedule which shall be included in the filer's statement of
economic interest. A filer who chooses not to use a travel schedule shall
disclose payments for travel as a gift, unless it is clear from all surrounding
circumstances that the services provided were equal to or greater in value than
the payments for the travel, in which case the travel may be reported as
income.
D. Business Positions Report
1. When business 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.
V
HONORARIA
Governing Board members shall not accept an honoraria for any speech given, article published, or
attendance at any public or private conference, convention, meeting, social event, meal, or like
gathering, or any gifts, from any single source, which is in excess of one thousand dollars ($1,000), in
any calendar year, except reimbursement for actual travel and reasonable subsistence in connection
therewith.
VI
DISQUALIFICATION
Designated employees must disqualify themselves from making or participating in the making of aqy
decision when the employee or member has a financial interest which it is reasonably foreseeable may
be affected materially by the decision. No designated employee shall be required to disqualify
himself/herself with respect to any matter which could not legally be acted upon or decided without
his/her participation.
A designated employee has a financial interest in a decision if it is reasonably foreseeable that the
decision will have a material financial effect, distinguishable from its effect on the public generally, on
any investment, interest in real property, or income.
Attachments
Revised 34M
Se=w revision 6127/90
Third revision S122091
Fourth revision 1r.4M
10
Rules and Regulations of the Governing Board
EXHIBIT A
Disclosure
Category Designated Positions
1 Member of the Governing Board
1 Chancellor
1 President
1 Director of Facilities MAIR enan 019000,
1 Director of Information Systems
1 Director of Purchasing
3: Comptroller/Assistant Chief Fiscal Officer
2 Director, San Ramon Center for Higher Education
2 Director of Business Services (CCC, DVC, LMC)
2 Dean of Economic Development and Instructional Services
2 Dean of Instruction
2 Dean of Student Services
3 Dean of Academic and Student Support Services
3 Dean of Behavioral Sciences and Related Occupations
3 Dean of Humanistic Studies and Related Occupations
3 Dean of Natural Sciences and Related Occupations
3 Dean of Social and Economic Sciences and Related Occupations
3 Assistant Dem/aan of Economic Development/06cup. and Community Ed.
3 Assistant Dean of Instruction, Evening and Summer Programs
3 Assistant to the President (Computer Services and Research)
3 Assistant Dean, Health Sciences and Related Programs
3 Director of Learning Resources
3 Director of Admissions and Records
3 Director of Admissions, Records and Relations with Schools
3 Di►en4o► of dental 12►GgFaF s
3 Director of District Research
DiFeGt9F of Health GGWnGes
11
Rules and Regulations of the Governing Board
EXHIBIT A - Continued
Disclosure
Category Designated Positions
3 Director of Library Services
3 Director of Matriculation and Research
3 Director of Special Programs and Services
3 Manager of Instruction and Technical Support Services
3 Buildings and Grounds Manager
eliGe eGademy 2Qar'
3 CaptaiR o��#of District Police Services
3 Data Processing Operations Manager
Med
3 Academic/Student Services Program Manager
3 Chief Accountant
3 Payroll Manager
3 DubliG D a iene.lMaFLeting Qfftff
3 Central Services/Phototypesetting Manager
3 College Bookstore Manager
3 Custodial F'f"'j5fj'#' Manager
S F�„aial Aid-GffteF
3 Police Services Lieutenant
3 Admissions and Records Office Manager
GentFal Sen,i..es .A ..,,.e.
N10041 010MON/W
3 Satellite Business Services Manager
3 Student Activities Manager
12
Rules and Regulations of the Governing Board
EXHIBIT B
DISCLOSURE CATEGORIES
Designated Employees in Category 1 must report on Schedules A through H:
All investments, all interests in real property, income from any source 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 Contra Costa Community College District or if
the business entity is doing business or planning to do business in the District (and such plans are
known by the designated employee) or has done business within the District at any time during the two
years prior to the filing of the statement.
Designated Employees in Category 2 must report on Schedules A, D, E, F, G and H:
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 Contra Costa Community
College District to provide services, supplies, materials, machinery or equipment.
Designated Employees in Category 3 must report on Schedules A, D, E, F, G and H:
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 Contra Costa Community
College District to provide services, materials, machinery or equipment which are of the type utilized by
the department(s) to which the designated employee is assigned.
13
COUNTY COUNSEL'S OFF/CE
CONTRA COSTA COUNTY RECEIVED
MARTINEZ, CALIFORNIA �+ f V
Date: December 16 , 1994 DEC ! 91994
CLERK BOARD OF SUPERVISORS
CONTRA COSTA CO.
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 Contra Costa County Community
College District
Attached hereto ate amendments to the Conflict of Interest Code
for the above named entity. The amendments are approved as to form.
Please place this matter on the Board of Supervisors, agenda as
requested by the entity. A draft Board order is likewise attached.
MAM/amc
cc : Jo Anne Ostrom, CCC CCD
Attachments
MAM\a:\conflict.mem