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HomeMy WebLinkAboutMINUTES - 11021999 - C59 i TO: Board of Supervisors CONTRA FROM: Victor J. Westan, County Counsel , Ct +5Ti4 By: Mary Ann McNett Mason,Deputy County Counsel COUNTY DATE: October 26, 1999 SUBJECT: Conflict of Interest Code of the Los Medanos Community Hospital District SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMM N ATIO—N(S)- Approve the Los Medanos Community Hospital District's Conflict of Interest Code to substitute the attached as said code, as shown on the attached Resolution of the District's Governing Board. BACKGRQUN D A N FOR RECQMMENDATION The Los Medanos Community Hospital District has replaced its code with 2 CCR § 18730 (FPPC Model Code) and submitted the revised code to the Board for approval pursuant to Government Code section 87306 and 87306.5. CONTINUED ON ATTACHMENT: XXX. YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON N4rerle ? 199 APPROVED AS I2ECOMMEIYDED_ x OTHER VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A x UNANIMOUS (ABSENT) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ABSENT: ABSTAIN: ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. ATTESTED: Nmzember 2, 1999 PHIL BATCHELOR,CLERK OF TIME BOARD OF SUPERVISORS Contact: County Counsel AND COUNTY ADMINISTRATOR cc: Clerk, Board of Supervisors Los Medanos Community Hospsital District BY41 oelm � , DEPUTY H:AFBENT\mam\BDORDCOI COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: October 26, 1999 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 Los Medanos Community Hospital District i In response to your memorandum of October 7, 1999, attached hereto are amendments to the Conflict of Interest Code for the above-named entity. The amendments are approved as to form. Please place this matter on the Board of Supervisors' agenda as requested by the entity. A draft board order is attached. MAM:fjb cc: Roseanne Lazio, Secretary, Los Medanos Community Hospital District Attachments h:\fbent\mam\coimemo RE'V'ISED CONFLICT OF INTEREST CODE WHEREAS, the Los Medanos Community Hospital District, a California Local Health Care District, may amend its Conflict of Interest Code on its own initiative, pursuant to Government Code Section 87307; and WHEREAS, there have been several changes in the law since the District last amended its Code, and WHEREAS, there have been several changes to the District's staff since the District last amended its Code; and WHEREAS, the model Conflict of Interest Code adopted by the Fair Political Practices Commission in Section 18730 of Title 2 of the California Code of Regulations, meets the needs of the District, and WHEREAS, the model Conflict of Interest Code is amended from time to time; and WHEREAS, the District desires that its Conflict of Interest Code be lautomatically amended when the Fair Political Practices Commission adopts any amendments to its model Conflict of Interest Code. NOW, THEREFORE, BE IT RESOLVED by the Governing Board of the Los Medanos Community Hospital District: 1. Pursuant to Government Code section 87300, the Conflict of Interest Code attached hereto as Exhibit "A," which incorporates the terms of the Standard Code (2 Cal. Code Regs. § 18730) and any amendments to the Standard Code duly adopted by the Fair Political Practices Commission, and the Appendix to such Conflict of Interest Code designating officials and employees and establishing disclosure categories, is hereby adopted and promulgated as the Conflict of Interest Code of the Los Medanos Community Hospital District. 2. Pursuant to Section 4 of the Standard Code, members of the Governing Board and designated officials, employees and consultants set forth in the Appendix shall file statements of economic interests with the Secretary of the District or designee, who shall make the statements available for public inspection and reproduction. Upon receipt of the statements of the members of Board, the Secretary or designee shall make and retain copies and forward the originals of these statements to the Clerk of the Board of Supervisors, County of Contra Costa. Statements for all other designated officials, employees and consultants will be retained by the Secretary or designee. 3. The Secretary to the Board or designee is directed to immediately provide each person set forth in the Appendix with a copy of the Notice of Intention to Adopt a Conflict of Interest Code, attached hereto as Exhibit "B." The Secretary to the Board or designee is 016.201586.1 -1- further directed to promptly publish such Notice once in a newspaper of general circulation in the County of Contra Costa. A public hearing on the adoption of this Code, if timely requested, shall be thereafter be held. Members of the Governing Board shall retain a copy of this resolution, and exhibits thereto, in their personal records. 4. This Conflict of Interest Code shall become effective immediately upon: a. Its final approval by the Governing Board following a public hearing, if requested, and b. Its approval by the Board of Supervisors of the County of Contra Costa as the code-reviewing body. 5. Upon the final approval of the Conflict of Interest Code by the Di�ict's Governing Board, the Secretary is hereby directed and authorized to cause to be submitted a certified copy thereof to the Clerk of the Board of Supervisors for the County of Contra Costa for approval. APPROVED AND ADOPTED on 12th day of October, 1998. AYES: 5 NOES: 0 ABSENT: 0 ABSTAIN: 0 Bruce Crosl � President Los Medanos Community Hospital District ATTEST: Roseanne Lazio Secretary Los Medanos Community Hospital District 015.201588.1 -2- Title 2, California Code of Regulations (As of Bate of Adoption) 18730. Provisions of Conflict of Interest Codes (a) Incorporation by reference of the terms of this regulationalong 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 87347 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 81403, 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 specked in Government Code section 87200 if they are designated in this Code in that same opacity 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, et seq. In addition, this Code does not establish an disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply: srsti#'&141276.3 dem - - (A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency; (B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Government Code section 87200; and (C) The filing officer is the same for both agenciesY 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 employeeswithin 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.Z (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 Designated employees who are required to file statements of economic interests under any ether 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 an original. See Government Code section 81004. 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. sJS1P&P141276.3 clean -2- amendment to this code shall file an initial statement within thirty 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 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 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 at 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 during the period between appointment and resignation, he or she did not make, participate in the making, or use a position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (fi). 'Section 5. Contents of and Period Coven 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 and income received during the 12 months prior to the effective date of the code. SJSXP&M41296.3 ekan -3- (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 confumation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office of the date of being appointed or nominated respectively. (C) Contents of Annual Statements. Annual statements shalldisclose 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 real property, income and business positions held or received 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 Pair Political Practices Commission and supplied by the agency, and shall contain the following information: (A) Investments and Real Property Disclosure. When an investment or an interest in real property2l is required to be reported," the statement shah 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; For the purpose of disclosure only (not disquali cation), an interest in real property does not include the principal residence of the filer. Y 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. SJS1Pd11\41276.3 clean -4- 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 ($14,000), 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 ($2513) 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; 5. 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,`Y the statement shall contain: 1. The name, address, and a general description of the business activity of the business entity; ' 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. V 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 abusiness entity is required only if the clients or customers are within one of the disclosure categories of the filer. SJS\P&P\41276.3 clean —5— 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 Disposal During Reporting 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. (8) Section 8. Prohibition on Receipt of Honoraria. (A) No member of a state board or commission, and no designated employee of a state agency, shall adept any honorarium from any 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 (b), (c), (d), and (e) of Government Code Section 89502 shall apply to the prohibitions in this section. (B) No member of the governing board of a special district or designated employee of a local government agency shall accept any honorarium. Subdivisions (b), (c), and (e) of Government Code Section 89502 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 of$290,or More. (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 two hundred ninety dollars ($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. SIS\P&P142275.3 clean —6— 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 iii:',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 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 $290 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. (9.3) Section 9.3. Legally mired Participation. 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 docs not make his or her participation legally required for purposes of this section. (9.5) Section 9.5. Disqualification of State Officers and Employees [Trot applicable to the District]. (10) Section 10. Manner of Disqualification. When a designated employee determines that he or she should not make a governmental decision because he or she has a disqualifying interest in it the SIST&.F'41276.3 clean -7- determination not to act must be accompanied by disclosure of the disqualifying 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 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 designatedemployee'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, Government 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 cited: Section 83112, Government Code. Reference: Sections 87300 - 87302, 89503 and 89504, Government Code. SJS\Y&M1276.3 clean -8- APPENDIX TO CONFLICT OF INTEREST CODE OF LOS MEDANOS COMMUNITY HOSPITAL DISTRICT DESIGNATING EMPLOYEES AND ESTABLISHING DISCLOSURECATEGORIES Preamble Any person designated in Section I or II of this Appendix who is unsure of any right or obligation arising under this Code may request a formal opinion or letter of advice from the FPP'C or an opinion from the District's General Counsel. (Gov. Code § 83114, 2 Cal. Code of Regs. § 15730(b)(11). A person who acts in good faith in reliance on an opinion issued to him or her by the FPPC shall not be subject to crimi- nal or civil penalties for so acting, provided that all material facts are stated in the opinion request. (Gov. Code § 83114(a).) Opinions rendered by General Counsel do not provide any statutory defense to an alleged violation of conflict of interest statutes or regulations. The prosecuting agency may, but is not required to, consider a requesting party's reliance on General Counsel's opinion as evidence of good faith. In addition, the District may consider whether such reliance should constitute a mitigating factor to any disciplinary action that the District may bring against the requesting party under Government Code section 91003.5. L Designated Employees Designated employees listed below must disclose investments, business positions in business entities, and sources of income in accordance with the requirements of the Authority's Conflict of Interest Code and Form 700 of the Fair Political'Practices Commission. Designated E=Igyees Uisclosu_re date ries Members of the Board of Directors of All Los Medanos Community Hospital District S ST&P1412?6.3 clean -1- Consultants!' N/A H. Personnel Who Manage Public Investments The District has determined that the Treasurer "manages public investments" within the meaning of Government Code section 87200 and Title 2, California Code of Regulations, section 18720, and shall file FPPC Form 700. M. Disclosure Categories -Category 1. All-Inclusive Reportable Investments (Gov. Code 4 82034 A designated employee in this category shall report all reportable investments worth more than $1,000, in business entities related to the Authority enumerated in this category, located in or doing business in the County of Contra Costa, which. (a) are owned by the designated employee, his or her spouse or dependent child, (b) owned by an agent on behalf of the designated employee; (c) owned by any business entity controlled by the designated employee (i.e. any business entity in which the designated employee, his or her agents, spouse and dependent children hold more that an 50% ownership interest); !' No consultants utilized by the District perform dunes which require,designation herein. With respect to consultants who may be designated in the future, the President may determine in writing that a particular consultant, although a "designated employee," is hired to perform a range of duties that are limited in scope and thus is not required to comply with the written 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 President's determination is a public record and shall be retained for public inspection by the Secretary in the same manner as this Conflict of Interest Code. Nothing herein excuses any such consultant from any other provision of this Conflict of Interest Code. sJs\P&P\41276.3 dean -2- (d) owned by a trust in which the designated employee has a substantial interest (i.e. a trust in which the designated employee, his or her spouse and dependent children have a present or future interest worth more than $1,000); (e) representing the pro rata share (worth more than $1,000) of the designated employee, his or her spouse and dependent children, of investments of any business entity or trust in which the designated employee, his or her spouse and dependent children own, directly or indirectly or beneficially, a 10% interest or greater. Business entities located in or doing business in the County of Contra Costa applicable to this category are those which operate or provide any of the following: Accounting or auditing services Architectural, engineering, materials, testing firms Ambulance services Banks, savings and loan associations Clinics, medical groups or medical office buildings Collection agencies Communications equipment Computer hardware or software Construction or building materials Construction companies Hata processing consultants Dietetic or kitchen supplies or equipment, including food and food products Employment agencies Engineering services Equipment consultants or manufacturers Health care facilities Health care materials, supplies or services Hospital or health care consulting firths Health care education and training equipment or material Health cage equipment, instruments or supplies Hospitals, trauma centers, psychiatric hospitals, rehabilitation facilities, nursing homes, extended care facilities, residential facilities, or any other like facilities Housekeeping or linen services, supplies or equipment Insurance companies or other private health care payors Laboratory supplies or equipment Landscaping companies or consultants Laundries Medical laboratories Medical supplies, instruments or equipment Newspapers, publications, printing SIS1P&M41276.3 c1m -3- Nursing services, supplies, equipment or material Office equipment or supplies Pharmacies or pharmaceutical services, supplies, equipment or consulting Physical or occupational therapy services, supplies, or equipment Printing and distribution services Radiology or diagnostic services, supplies or equipment Respiratory therapy services, supplies or equipment Safety equipment companies or consultants Social services agencies Utilities Category 2. Reportable Interests in Real Property 1Gov. Code H 82033 82035) A designated employee in this category shall disclose all interests in real property: (a) within or not more than two (2) miles outside the boundaries of the County of Contra Costa that has situated on it a hospital, nursing home, extended care facility, residential facility, psychiatric hospital, clinic, office building, laboratory, pharmacy or any other medical inpatient or outpatient-related facility; or (b) within the County of Contra Costa that is involved in any plan for the expansion of the District's facilities, or in any plan for the expansion of facilities owned, leased or operated by any entity under contract with the District; or (c) within one-half(112) mile of any facility or real property owned or leased by the District; if the interest in real property is either: (1) held or owned by the designated employee, his or her spouse and dependent child, or (2) the pro rata share (worth more than $1,000) of interests in real property of any business entity or trust in which the designated employee or spouse owns, directly, indirectly or beneficially, a 10% interest or greater. gt ,gg . Emnable Income (Gov. Cie 6 82030) A designated employee in this category shall disclose all income of the designated employee from the below-listed sources located in or doing business in the County of Contra Costa aggregating $250 or more (or $50 or more in the case of gifts) during the reporting period. SJS\P&P142276.3 aeon -4- Accounting or auditing services Architectural, engineering, materials, testing firms Ambulance services Banks, savings and loan associations Clinics, medical groups or medical office buildings Collection agencies Communications equipment Computer hardware or software Construction or building materials Construction companies Data processing consultants Dietetic or kitchen supplies or equipment, including food and food products Employment agencies Engineering services Equipment consultants or manufacturers Health care facilities Health care materials, supplies or services Hospital or health care consulting firms Health care education and training equipment or material Health care equipment, instruments or supplies Hospitals, trauma centers, psychiatric hospitals, rehabilitation facilities, nursing homes, extended care facilities, residential facilities, or any other like facilities Housekeeping or linen services, supplies or equipment Insurance companies or other private health care payors Laboratory supplies or equipment Landscaping companies or consultants Laundries Medical laboratories Medical supplies, instruments or equipment Newspapers, publications, printing Nursing services, supplies, equipment or material Office equipment or supplies Pharmacies or pharmaceutical services, supplies, equipment or consulting Physical or occupational therapy services, supplies, or equipment Printing and distribution services Radiology or diagnostic services, supplies or equipment Respiratory therapy services, supplies or equipment Safety equipment companies or consultants Social services agencies Utilities WNP&P141276,3 cimn —5- ate or4. Less-Inclusive Ren =b-Ie InvesUnents Gov. Code 4 82034) A designated employee: in this category shall disclose only investments (worth more than $1,000) in any business entity, which within the last two years has contracted with or in the future foreseeably may contract with the District to provide personnel services, supplies, material, machinery or equipment: (a) to the District, (b) of the type utilized by the District and associated with the job assignment or position of the designated employee. CategQrY 5. Uss-IMIusive R=rruble Inca v. Code 3 A designated employee in this category shall disclose only that reportable income ($250 or more during reporting period; $50 or more in the case of gifts) which is derived from a source which within the last two years has contracted with the District or in the future foreseeably may contract with the District to provide personnel, services, supplies, materials, machinery or equipment: (a) to the District, (b) of the type utilized by the District and associated with the job assignment of the designated employee.. Cg 6. Bujimss P sitivns Disclosure shall be made by completing form 700, schedule "G." 51siP&PA412'76.3 clean -6- OFFICE OF THE CLERK OF THE BOARD CONTRA COSTA COUNTY INTE OFFICE MEMO DATE: October 7, 1999 TO: Mary Ann Mason, Deputy County Counsel FROM. Ann Cervelli, Chief Clerk P/ Clerk of the Board of Supervisors SUBJECT. Change for Conflict of Interest Code for Los Medanos Hospital Dist. Attached are Changes for Conflict of Interest Code for the above named district. Upon receipt of your recommendation,the amended code will be listed on the Board agenda. Thank you. Ac attachment OCT FOLEY & LARDNER 1999 A T T O R N E Y S A T L A W :`S d CHICAGO FIRSTAR CENTER Fq w — ----__ `SACRAMENTO DENVER 777 EAST WISCONSIN AVENUE SAN DIEGO JACKSONVILLE MILWAUKEE,WISCONSIN 53 20 2-5 367 SAN FRANCISCO LOS ANGELES TELEPHONE t4 1 4> 271-2400 TALLAHASSEE MADISON FACSIMILE(414) 297-4900 TAMPA C MILWAUKEE # g • JWASHINGTON, D.C. ORLANDO 'WEST PALM BEACH WRITER'S DIRECT LINE ((415) 984-9811 EMAIL ADDRESS CLIENT/MATTER NUMBER tdrisco11@foleylaw.comc&foleyla 153378-100 W.com October 5, 1999 Ms. Ann Cervelli, Clerk County of Contra Costa 651 Pine Street, Room 106 Martinez, CA 94553 Re: Los Medanos Community Hospital District Dear Ms. Cervelli: As you requested, please find enclosed the original resolution of the Board of Directors of the Los Medanos Community Hospital District, adopting the revised Conflict of Interest Code. If you require anything further, please do not hesitate to call! We appreciate your assistance in bringing this matter to a close. Very truly yours, .. I onias L. Diciscoll Enclosure 016.202938.1 ESTABLISHED 1 $42 A MEMBER OF GLOBALE%WITH MEMBER OFFICES IN BERLIN,BRUSSELS,DRESDEN, FRANKFURT,LONDON,SINGAPORE,STOCKHOLM AND STUTTGART REVISED CONFLICT OF INTEREST CODE WHEREAS, the Los Medanos Community Hospital District, a California Local Health Care District, may amend its Conflict of Interest Cade on its own initiative, pursuant to Government Code Section 87307; and WHEREAS, there have been several changes in the law since the District last amended its Code; and WHEREAS, there have been several changes to the District's staff since the District last amended its Code; and WHEREAS, the model Conflict of Interest Code adopted by the Fair',Political Practices Commission in Section 18730 of Title 2 of the California Code of Regulations, meets the needs of the District; and WHEREAS, the model Conflict of Interest Code is amended from time to time; and WHEREAS, the District desires that its Conflict of Interest Code be automatically amended when the Fair Political Practices Commission adopts any amendments to its model Conflict of Interest Code. NOW, THEREFORE, BE IT RESOLVED by the Governing Board of the Los Medanos Community Hospital District: 1. Pursuant to Government Code section 87300, the Conflict of Interest Code attached hereto as Exhibit "A," which incorporates the terms of the Standard Code (2 Cal. Code Regs. § 18730) and any amendments to the Standard Code duly adopted by the Fair Political Practices Commission, and the Appendix to such Conflict of Interest Code designating officials and employees and establishing disclosure categories, is hereby adopted and promulgated as the Conflict of Interest Code of the Los Medanos Community Hospital District. 2. Pursuant to Section 4 of the Standard Code, members of the Governing Board and designated officials, employees and consultants set forth in the Appendix shall file statements of economic interests with the Secretary of the District or designee, who shall make the statements available for public inspection and reproduction. Upon receipt of the statements of the members of Board, the Secretary or designee shall make and retain copies and forward the originals of these statements to the Clerk of the Board of Supervisors, County of Contra Costa. Statements for all other designated officials, employees and consultants will be retained by the Secretary or designee. 3. The Secretary to the Board or designee is directed to immediately provide each person set forth in the Appendix with a copy of the Notice of Intention to Adopt a Conflict of Interest Code, attached hereto as Exhibit "B." The Secretary to the Board or designee is 016.201588.1 `1- further directed to promptly publish such Notice once in a newspaper of general circulation in the County of Contra Costa. A public hearing on the adoption of this Code,', if timely requested, shall be thereafter be held. Members of the Governing Board shall retain a copy of this resolution, and exhibits thereto, in their personal records. 4. This Conflict of Interest Code shall become effective immediately upon: a. Its final approval by the Governing Board following a public hearing, if requested, and b. Its approval by the Board of Supervisors of the County of Contra Costa as the code-reviewing body. 5. Upon the final approval of the Conflict of Interest C oOe by the DistYiCt's Governing Board, the Secretary is hereby directed and authorized to cause to be submitted a certified copy thereof to the Cleric of the Board of Supervisors for the County of Contra Costa for approval. APPROVED AND ADOPTED on 12th day of October, 1998. AYES: 5 NOES: 0 ABSENT: 0 ABSTAIN: 0 Bruce Cros . President Los Medanos Community Hospital District ATTEST: Roseanne Lazio Secretary Los Medanos Community Hospital District 016.201588.1 -2- CLERK OF THE BOARD Inter - Office Memo To: Mary Ann Mason, Deputy County Counsel County Counsel From: Ann Cervelli, Chief Clerk Deputy Clerk Date: June 28, 1999 Subject: Change for Conflict of lnterost Code By this memo is transmitted for your review the proposed change to the Conflict of Interest Cade for LOS MEDANOS COMMUNITY HOSPITAL OIS'i'RICT Upon receipt f our p p o y recommendation, the amended Code will be listed on the Board Agenda. sc Attachment __ V E 0 - FOLEY & LARDNER � MAY 2 7 199 A T T O R N E Y S A T L A W d` R C'' i CHICAGO ONE MARITIME PLAZA,SIXTH FLOOR SACRAMENTO DENVER SAN FRANCISCO, CALIFORNIA 941 1 1-3404 SAN DIEGO JACKSONVILLE TELEPHONE: (41 5)434-4494 SAN FRANCISCO LOS ANGELES FACSIMILE: (4 1 5)434-4507 TALLAHASSEE MADISON TAMPA MILWAUKEE WASHINGTON, D.C. ORLANDO WEST PALM BEACH WRITER'S DIRECT LINE (415)984-9811 EMAIL ADDRESS CLIENT/MATTER NUMBER tdriscollefoieylaw.com 153378-100 May 26, 1999 Phil Batchelor Clerk of the Board of Supervisors and County Administrator c/o Ann Cervelli, Chief Clerk The Board of Supervisors County Administration Building 651 Pine Street, Room 106 Martinez, CA 94553-1293 Re: Los Medanos Community Hospital District Dear Mr. Batchelor: As a follow up to my letter to you of March 9, 1999, please be advised that the Los Medanos Community Hospital District Board of Directors has now completed its adoption of certain minor technical amendments to its Conflict of Interest Code. As requested, please find enclosed the 1998 Local Agency Biennial Notice, the amended Conflictof Interest Code, as well as a "redlined" version, showing the amendments. Please call if you have any questions about any of the enclosed. We apologize for the delay in completing this process and appreciate your courtesy and cooperation throughout. Sincerely, H / omas L. riscoll TLD:am Enclosure 016'194879'1 ESTABLISHED 1 $42 A MEMBER OF GLOBALEX WITH MEMBER OFFICES IN BERLIN,BRUSSELS,DRESDEN,FRANKFURT, LONDON,SINGAPORE,STOCKHOLM AND STUTTGART _ 19$8 LOCAL AGENCY BIENNIAL NOTICE Contact Person: Thomas L. Driscoll, Telephone Number: (—Ul—),284-9811. ....�._ Name of Agency: Los Medanos Com pity Hospital District Mailing Address: P.O. Box 8698, Pittsburg, CA 94565-8698 This agency has reviewed its conflict of interest code and has determined that: IM The code needs to be amended and the fonowing amendments aro necesmry. (Chwk all that A*1y) Q include new positions(including consultants)which must be designated 0 Revise the titles of existing positions 0 delete titles of positions that have been abolished 0 delete positions that manage public investments () Revise disclosure categories Cather Technical statutory revisions No amendments are necessary. The agency's code accurately designates all positions which make or participate in the making of governmental decisions;the disclosure categories assigned to those positions accurately requires the disclosure of all investments,business positions,interests in real property and sources of income which may foreseeably be affected materially by the decisions made by those designated positions;and the code includes all other provisions rewired by Government Code Section 873012. r ✓ r fid- f` � Signature of ChWfE `... '�- y � aHte: ?A cik You must complete this report regardless of how recently your code was approved or amended. Please return this report no later than October 1, 1998 to: CLERK OF THE BOARD OF SUPERVISORS 651 PINE STREET, ROOM 106 MARTINEZ, OA 94553 CONFLICT OF INTEREST CODE OF LEIS MEDANOS COMMUNITY HOSPITAL DISTRICT 1. Model Cade of FPPC. The Political Reform Act of 1974 (Gov. Code § 81000 9 seg.) requires each state and local government agency to adopt and promulgate a conflict of interest code. As a local government agency, Los Medanos Community Hospital District is therefore required to adapt such a code. The Fair Political Practices Commission ("FPPC") has adopted a regulation (2 Cal. Code Regs. § 18730) containing the terms of a model conflict of interest code which can be incorporated by reference as an agency's code. After public notice and hearing, the regulation may be amended by the FPPC to conform to amendments in the Political Reform Act. 2. Adoption of Model Code of FPPC. The terms of 2 California Cade of Regulations section 18730 and any future amendments to it duly adopted by the FPPC are hereby adopted and incorporated herein by reference. This regulation and the Appendix attached hereto designating officials and employees and establishing disclosure categories shall constitute the Conflict of Interest Code of Los Medanos Community Hospital District. This code shall take effect when approved by the Board of Supervisors of the County of Contra Costa. 3. Filing of Statements o Economia Interests Pursuant to section 4 of the model Conflict of Interest Code set forth in 2 California Code of Regulations section 18370(b), designated employees set forth in the Appendix shall file statements of economic interests with the Secretary. Upon receipt of the statements of the members of the Governing Board, the Secretary or designee shall make and retain copies and forward the originals of these statements to the Clerk of the Board of Supervisors for the County of Contra Costa. Statements for all other designated employees shall be retained by the Secretary or designee. APPROVED AND ADOPTED by the Caverning Board of Los Medanos Community Hospital. District on the 14th day of September, 1998. Al Prince President ATTEST: Roseanne Lazio, Secretary S1S\P&P\41276.3 clean Title 2, California Code of Regulations (As of Date of Adoption) 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 87307 if the terms of this regulation are substituted for terms of a conflict of interestcode 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 8100€1, 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 87300, and to other state or locallaws 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: (3) 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 male or participate in the malting 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 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, et seq. in addition, this Code does not establish an disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the fallowing apply: SJMP&?\4I276.3 titan '1' (A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency; (B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Government Code section 87200; and (C) The filing officer is the same for both agencies.k 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 codeY (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 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 an original. See Government Code section 81004. a' 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. SJS\P&P141276.3 clean —2— amendment to this code shall File an initial statement within thirty 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 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) Leaving Office Statements. All persons who leave designated positions shall file statements within thirty 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 became 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 elate of a notice from the filing officer shall do both at 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 during the period between appointment and resignation, he or she did not make, participate in the making, or use a position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (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 and income received during the 12 months prior to the effective date of the code. SJSIP&Pt41276.3 clean -3- (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 nomination, and income received during the 12 months prior to the date of assuming office of the date of being appointed or nominated respectively. (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 real property, income and business positions held or received 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 Fair Political Practices Commission and supplied by the agency, and shall contain the following information: (A) Investments and Real Property Disclosure. When an investment or an interest in real propertyy is required to be reported,Y 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; r For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer. Y 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 ofthe 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. SJS\P&P141276.3 clears —4— 3. The address or ether 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,11 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; 5. In the case of a loan, the annual interest rate and the security, if any, given for the lean. ( ) Business Entity Income Disclosure. 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; 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 lexpenses received from a state, local or federal government agency. 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 filer. SMP&1\41278.3 clue —5— 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 Disposal During Reporting 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. (8) Section 8. Prohibition on Receipt of Honoraria. (A) No member of a state beard or commission, and no designated employee of a state agency, shall accept any honorarium from any 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 (b), (c), (d), and (e) of Government Code Section 89502 shall apply to the prohibitions in this section. (B) No member of the governing beard of a special district or designated employee of a local government agency shall accept any honorarium. Subdivisions (b), (c), and (e) of Government Code Section 89502 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 89505. (8.1) Section 8.1. Prohibition on Receipt of Gifts of $290.or More. (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 two hundred ninety dollars ($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. SJST&Pi41276.3 clean —6— 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 leans 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 ($2511) 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 $290 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. (9.3) Section 9.3. Legally Required Participation. 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. (9.5) Section 9.5. Disqualification of State Officers and Employees [not applicable to the District]. (10) Section 10. Manner of Disqualification. When a designated employee determines that he or she should not make a governmental decision because he or she has a disqualifying interest in it, the SJS\P&Pt41276.3 dean -7- determination not to act must be accompanied by disclosure of the disqualifying 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 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 designatedemployee'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, Government 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 cited. Section 83112, Government Cade. Reference: Sections 87300 - 87302, 89503 and 89504, Government Code. SJStP&n41276.3 clean -8- APPENDIX TO CONFLICT OF INTEREST CODE OF LOS MEDANOS COMMUNITY HOSPITAL DISTRICT DESIGNATING EMPLOYEES AND ESTABLISHING DISCLOSURE CATEGORIES Preanible Any person designated in Section I or II of this Appendix who is unsure of any right or obligation arising under this Code may request a formal opinion or letter of advice from. the FPPC or an opinion from the District's General Counsel. (Gov. Code § 53114, Z Cal. Code of Regs. § 18730(b)(11). A person who acts in good faith in reliance on an opinion issued to him or her by the FPPC shall not be subject to crimi- nal or civil penalties for so acting, provided that all material facts are stated in the opinion request. (Gov. Code § 83114(a).) Opinions rendered by General Counsel do not provide any statutory defense to an alleged violation of conflict of interest statutes or regulations. The prosecuting agency may, but is not required to, consider a requesting party's reliance on General Counsel's opinion as evidence of good faith. In addition, the District may consider whether such reliance should constitute a mitigating factor to any disciplinary action that the District may bring against the requesting party under Government Code section 91003.5. I. Designated Employees Designated employees listed below must disclose investments, business positions in business entities, and sources of income in accordance with the requirements of the Authority's Conflict of Interest Code and Form 700 of the Fair Political Practices Commission. Desi n�atee Ern�nlovees D%NlvsureCat aQni es Members of the Board of Directors of All Los Medanos Community hospital District SJS1P&P:41276.3 clean Consultants!! N/A II. Personnel Who Manage Public Investments The District has determined that the Treasurer "manages public investments„ within the meaning of Government Code section 87200 and Title 2, California Code of Regulations, section 18720, and shall file FPPC Form 700. III. Disclosure Categories Categflry 1. A11-Inclusive Reportable Investments (Gov. Code 4 82030 A designated employee in this category shall report all reportable investments worth more than $1,000, in business entities related to the Authority enumerated in this category, located in or doing business in the County of Contra Costa, which: (a) are owned by the designated employee, his or her spouse or dependent child, (b) owned by an agent on behalf of the designated employee; (c) owned by any business entity controlled by the designated employee (i.e. any business entity in which the designated employee, his for her agents, spouse and dependent children hold more that an 50% ownership interest); '-� No consultants utilized by the District perform duties which require designation herein. With respect to consultants who may be designated in the future, the President may determine in writing that a particular consultant, although a "designated employee," is hired to perform a range of duties that are limited in scope and thus is not required to comply with the written 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 President's determination is a public record and shall be retained for public inspection by the Secretary in the same manner as this Conflict of Interest Code. Nothing herein excuses any such consultant from any other provisionof this Conflict of Interest Code. SJS\P&P141276.3 clean —2— (d) awned by a trust in which the designated employee has a substantial interest (i.e. a trust in which the designated employee, his, or her spouse and dependent children have a present or future interest worth more than $1,000); (e) representing the pro rata share (worth more than $1,000) of the designated employee, his or her spouse and dependent children, of investments of any business entity or trust in which the designated employee, his or her spouse and dependent children own, 'directly or indirectly or beneficially, a 10% interest or greater. Business entities located in or doing business in the County of Contra Costa applicable to this category are these which operate or provide any of the following: Accounting or auditing services Architectural, engineering, materials, testing funis Ambulance services Banks, savings and loan associations Clinics, medical groups or medical office buildings Collection agencies Communications equipment Computer hardware or software Construction or building materials Construction companies Data processing consultants Dietetic or kitchen supplies or equipment, including food and food products Employment agencies Engineering services Equipment consultants or manufacturers Health care facilities Health care materials, supplies or services Hospital or health care consulting firms Health care education and training equipment or material Health care equipment, instruments or supplies Hospitals, trauma centers, psychiatric hospitals, rehabilitation facilities, nursing homes, extended care facilities, residential facilities, or any other like facilities Housekeeping or linen services, supplies or equipment Insurance companies or other private health care payors Laboratory supplies or equipment Landscaping companies or consultants Laundries .Medical laboratories Medical supplies, instruments or equipment Newspapers, publications, printing SJS\P&P\41276.3 dem -3- Nursing services, supplies, equipment or material Office equipment or supplies Pharmacies or pharmaceutical services, supplies, equipment or consulting Physical or occupational therapy services, supplies, or equipment Printing and distribution services Radiology or diagnostic services, supplies or equipment Respiratory therapy services, supplies or equipment Safety equipment companies or consultants Social services agencies Utilities Categga 2. Re ortable lntprLsk in Real Pro Gov. Code H 8203,82035) 82035 A designated employee in this category shall disclose all interests in real property: (a) within or not more than two (2) miles outside the boundaries of the County of Centra Costa that has situated on it a hospital, nursing home,;',extended care facility, residential facility, psychiatric hospital, clinic, office building, laboratory, pharmacy or any other medical inpatient or outpatient-related facility; or (b) within the County of Contra Costa that is involved in any plan for the expansion of the District's facilities, or in any plan for the expansion of facilities owned, leased or operated by any entity under contract with the District, or (c) within one-half(1/2) mile of any facility or real property awned or leased by the District; if the interest in reap property is either: (1) held or owned by the designated employee, his or her spouse and dependent child, or (2) the pro rata share (worth more $1,000) of interests in real property of any business entity or trust in which the designated employee or spouse owns, directly, indirectly or beneficially, a 10% interest or greater. Category 3. Rgp2rLahle Income (92y.. Cocke -4 82030) A designated employee in this category shall disclose all income of the designated employee from the below-listed sources located in or doing business in the County of Contra Costa aggregating $250 or more (or $50 or more in the case of gifts) during the reporting period. S3SNP&P141276.3 clean 4— Accounting or auditing services Architectural, engineering, materials, testing firms Ambulance services Banks, savings and loan associations Clinics, medical groups or medical office buildings Collection agencies Communications equipment Computer hardware or software Construction or building materials Construction companies Data processing consultants Dietetic or kitchen supplies or equipment, including food and food. products Employment agencies Engineering services Equipment consultants or manufacturers Health care facilities Health care materials, supplies or services Hospital or health care consulting firms Health care education and training equipment or material Health care equipment, instruments or supplies Hospitals, trauma centers, psychiatric hospitals, rehabilitation facilities, nursing homes, extended care facilities, residential facilities, or any other like facilities Housekeeping or linen services, supplies or equipment Insurance companies or other private health care payors Laboratory supplies or equipment Landscaping companies or consultants Laundries Medical laboratories Medical supplies, instruments or equipment Newspapers, publications, printing Nursing services, supplies, equipment or material Office equipment or supplies Pharmacies or pharmaceutical services, supplies, equipment or consulting Physical or occupational therapy services, supplies, or equipment Printing and distribution services Radiology or diagnostic services, supplies or equipment Respiratory therapy services, supplies or equipment Safety equipment companies or consultants Social services agencies Utilities SJS\P&P'41275.3 crew, 'S- Category A. Less-Inclusive Reportable Investments (Gov. Code 82034) A designated employee in this category shall disclose only investments (worth more than $1,000) in any business entity, which within the last two years has contrasted with or in the future foreseeably may contract with the .District to provide personnel services, supplies, material, machinery or equipment: (a) to the District, (b) of the type utilized by the District and associated with the job assignment or position of the designated employee. Cate ©ry 5. Less-Inclusive Reportable Income (Gov. Code § $2030) A designated employee in this category shall disclose only that reportable income ($250 or more during reporting period; $50 or more in the case of gifts) which is derived from a source which within the last two years has contracted with the District or in the future foreseeably may contract with the District to provide personnel, services, supplies, materials, machinery or equipment: (a) to the District, (b) of the type utilized by the District and associated with the job assignment of the designated employee. Category, C. Business Positions Disclosure shall be made by completing form 700, schedule "G. SJS1P&P141276.3 dmn -6-