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HomeMy WebLinkAboutMINUTES - 11041997 - C101 TO: BOARD OF SUPERVISORS FROM: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel DATE: October 22, 1997 SUBJECT: Approve Conflict of Interest Code of the Pacheco Municipal Advisory Council SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Approve the Pacheco Municipal Advisory Council's Conflict of Interest Code as attached. BACKGROUND/REASONS FOR RECOMMENDATIONS The Pacheco Municipal Advisory Council adopted its conflict of interest code and submitted the code to the Board for approval pursuant to Government Code section 87303. CONTINUED ON ATTACHMENT: YES XXX SIGNATURE _RECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED ✓ OTHER T-� 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 cc: Clerk, Board of Supervisors PHIL BATCHE OR, CLEW OF THE Pacheco Municipal Advisory Council BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR N BY _ ��a�,DEPUTY AWW:fjb hAgroups\flo\Board.COI (Regulations of the Fair Political Practices Commission, Title 2,Division 6, Section 18730 of the California Code of Regulations) 18730. Provisions of Conflict of Interest Codes. (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 87306 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, et seq. 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. Code of Regs. Sections 18100, et seq.), 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) Section 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 1 `18730 body in the agency's conflict of interest code? (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 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. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April 1. (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office. (5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office. Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office,provided he or she did not make or participate in the making of, or use his or her position to influence any decision and did not receive or become entitled to receive any form of payment as a result of his or her appointment. Such persons shall not file either an assuming or leaving office statement. (A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following: (1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that 2 See Government Code Section 81010 and 2 Cal.Code of Regs.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. 3 18730 property' is required to be reported,°the statement shall contain the following: 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 one thousand.dollars($1,000), exceeds ten thousand dollars($10,000), or exceeds one hundred thousand dollars ($100,000). (B) Personal Income Disclosure. 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 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, 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; 3 For the purpose of disclosure only(not disqualification),an interest in real property does not include the principal residence of the filer. ° 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. 5 18730 Subdivisions(a), (b), and(c)of Government Code Section 89501 shall apply to the prohibitions in this section. This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Government Code Section 89506. (8.1) Section 8.1 Prohibition on Receipt of Gifts in Excess of$290. (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than$290 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. This section shall not apply to any part-time member of the governing board of any public institution of higher education,unless the member is also an elected official. Subdivisions (e), (f), and (g) of Government Code Section 89503 shall apply to the prohibitions in this section. (9) Section 9. Disqualification. No designated employee shall make,participate in making,or in any way attempt to use his or her official position 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 the official or a member of his or her immediate family or on: (A) Any business entity in which the designated employee has a direct or indirect investment worth one thousand dollars ($1,000) or more; (B) Any real property in which the designated employee has a direct or indirect interest worth one thousand dollars($1,000)or more; (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 fiftydollars($250) or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, officer,partner, 7 '18730 writing to the designated employee's supervisor. (11) Section 11. 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 Fair 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. (12) Section 12. 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, Goverment Code Sections 81000- 91015. 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 be set aside as void pursuant to Government Code Section 91003. Note: AUTHORITY: Section 83112, Gov. Code REFERENCE: Sections 87103(e), 87300-87302, 89501, 89502, 89503, Gov. Code Hist (1) New section filed 4-2-80 as an emergency; effective upon filing. Certificate of Compliance included. (2) Editorial correction. (3) Amendment of subsection(b) filed 1-9-81; effective thirtieth day thereafter. (4) Amendment of subsection(b)(7)(B)l. filed 1-26-83; effective thirtieth day thereafter. (5) Amendment of subsection(b)(7)(A) filed 11-10-83; effective thirtieth day thereafter. (6) Amendment filed 4-13-87; effective thirtieth day thereafter. (7) Amendment of subsection(b) filed 10-21-88; effective thirtieth day thereafter. (8) Amendment filed 8-28-90; effective thirtieth day thereafter. (9) Amendment filed 8-7-92; effective thirtieth day thereafter. (10) Amendment filed 2-5-93; effective upon filing. (11) Amendment filed 3-14-95;.effective upon filing. (12) Amendment filed 10-23-96; effective upon filing. (13) Amendment filed 4-9-97; effective upon filing. 9 '18730 EXHIBIT A Designated Positions Disclosure Category Pacheco Municipal Advisory Council 1, 2 EXHIBIT B DISCLOSURE CATEGORIES Category No. 1 Persons in this category must report all interests in real property located wholly or part within the boundaries of the Pacheco Community Area in Contra Costa County. Category No. 2 Persons in this category must report all investments, 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 Pacheco Community Area in Contra Costa County or if the business entity is doing business or planning to do business in the Pacheco Community Area in Contra Costa County (and such plans are known by the designated employee) or has done business within the Pacheco Community Area in Contra Costa County at any time during the two years prior to the filing of the statement. For the purposes of the foregoing disclosure categories, the Pacheo Community Area means the area of the community delineated in Section 2 of the Board of Supervisor's Resolution 91/639, Pacheco Municipal Advisory Council, dated September 10, 1991. ..00T-14-19971 16: 13 SUPV. DESAULNIER P.02iO3 MEETING AGENDA Pacheco Municipal Advisory Council 187 Freda Drive .* Pacheco,CA 94553 Mee1ng Description PACHECO MLINIG'IP VtSORY COUNCIL RomW Deslted t of ffit Dsdc Ocloba S. IM Tae 6.30PM Location'PaoMO C mmmin Center - . .. Stan Stop Tats{Hours start Stop Total Hours 6:30PM 7:15PM IS 1 waNy Wiiggs 2 John Stucke --- 3 EWKA Smith _4 Ray Horst s -- 7 9 -- 10 1 Conffrct of Interest Document as presented by County.Passed by aff friar Mvetnrs. _ 21 Two Locations on Center Avenue which are traffic hazards and need red curbs to prevent parking of vehicles. 3 1 The urgent need to dredge Grayson Creels in Pacheco area before rainy season 4 5 6 _ 7 _ . 10 - - .y...�_ _ - ...._ ♦f fit. t C3CT-14-1997 16: 13 SUPV. DESAULNIER P.03iO3 G NOTES.. % George Kubyluch was absent because he was on vacation.The four members present discussed the Conflict of trtterest item.Ray Horst made a_motion that we pass she document fe_lliott Smith seconded the motion.AS members voted to approve the CoAct of Interest document as presented the County. The directors also agreed tQ invite the new Airport Manager to attend one of our meetings as coon as possible co we could welcome - him tv Pacheco. ..._ . ..._ . _ . - -- -- - •- -- --- --. . .—---- -- _.... .. TOTAL P.03 -OCT-14-1997 16:02 SUPV. DESPULNIER P.03!04 Pacheco Municipal Advisory Council 187 Reda Drive Pads,CA 9453 510 687 4B43 October 13, 1597 Mr. Mark DcSaulnier Supervisor,District IV 2425 Bisso Lane,Suite 110 Concord,CA 94520.4817 Deaf Mark: Trevor Norman advised me that the Pacheco Municipal Ach•isory•Council must approve the Amended Conflict of Interest Code as soon as possible and forward the information to your office. I placed the Conflict of Twerest item on our October Agenda,and the Agenda was posted in various places in Pacheco,lE,Big B Lumber,Country Korner Liquor Store,Pacheco Bowl,&the Community Center several days prior to our monthh meeting. Le mat at the Community Crater October 8 at 6:30PM. George Kobyluek was on vacation,Four Directors re present Wally Wiggs,John Stucke,Elliott Smith,mad Ray Horst,We unanimously voted to approve of amended Conflict of Interest Code. Under New Business we discussed a coalition of County Municipal Advisory Councils as presented by Jim Adams who is the Chair of the Diablo Municipal Advisory Council. On Saturday,October 4,at l0AM, several MAC's met at our Community Ceuta and discussed tate idea of a coalition.I and Elliott Smith and Ray Horst attended prom Pachcco and about eight people from other MAC'S offended ow meeting.Val Alexis(sp?)fruan the county also attendad the meeting,and even he said that the MAC'S sbould organize.We agreed to area again in another three months wben absent oil, xs of other MAC's could also attend. The fow members who attended the October Pacheco Mumici;W Advisory Council meeting agreed that a MAC coalition is a good idea,and members in the audience did ant disagree.We believe the MACs will have more influmce if then are united. We also discussed the need for ted curbs an Ce ntcr Avenue to.pnsvent tralflc hazards,and the urgent need for Grayson Creek to be dredged before the rainy season sets in.