HomeMy WebLinkAboutMINUTES - 12192000 - C104 ~' Cent
BOARD OF SUPERVISORS .'s' �<
`. �
} Costa
FROM: Donald A. 'Metter, Executive Director
Workforce Investment Board `�s��.._' �.
DATE: November 27, 20€0
SUBJECT. APPROVE the Workforce Investment Board Conflict of Interest 0~ode.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTIONT:
APPROVE the `workforce Investment Board Conflict of Interest Code.
FINANCIAL IMPACT:
No County costs.
The California Political Reform Act requires the Workforce Investment Board adopt a conflict of interest code.
0✓ounty Counsel drafted the attached conflict of interest code. The proposed conflict of interest code was hosted
for ten-day public review beginning November 9, 2000. The Workforce Investment Board approved the conflict
of interest code as proposed by O'ounty Counsel at its November 20, 20010 meeting. The California Political
Deform pct requires the Board of,Supervisors approve the conflict of interest code to make it official.
CONTINUED ON ATTACHMENT: YES SIGNATURE
"SEC_�D�'MENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION CR;BOARD COMMITTEE
--�00ROVE -OTHER
SIGNATURE(S):
ACTION OF BOARd40 _-33.m�XD - - -- - - APPROVED AS RECOMMENDED__ OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS(ABSENT* } ANIS CORRECT COPY OF AN ACTION TAKEN
AYES: _ __ NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
District V Seat Is VAcart
ATTESTER '
PHIL WCHELOR,CR OF THE BOARDOF
V ORS ANLDP
S€3PE Y ADMINISTRATOR
Contact: RONALD A.'WETTER,6-5387. sf � ° ° t
cc: JOHN CULLEN,DIRECTOR ERSD BY � -,DEPUTY
EHSD(CONTRACTS UNIT)>TM
COUNTY ADMINISTRATOR INIS'T'R ATOR
'Office rf the Coin Counsel
.�' ' Contra Costa County
651 Pine Street, 9th Floor _ � Phone:(925.)335-1800
Martinez, CA 94553 F li �) L� y E in
Fax:(925)645-1078
NOV 0 7 2000
mpioyf,,9ntp&i•iumar.Svos Dept
Date: November 6, 2000
To: Ron Wetter, :executive Director
Workforce Investment.Board of Contra Costa County
From: Victor J. Westman, County Counsel
By:Mary Arun McNett Mason,Deputy County Counsel
Re: Conflict of Interest Code
Per your request of October 2, 2000,we have prepared the attached conflict of
interest code for the Workforce Investment Board( ). The Political Reform Act
(Government Code sections 81000 et. seq.)requires that each local government agency adopt and
promulgate a conflict of interest code. For purposes of the Act,the WIB is a local government
agency and thus must adopt a conflict of interest code. (Gov. Code, §§ 82003; 87300.)
The Code
The proposed code consists of three parts= the body,which establishes the rules
applicable to the filers;Appendix A,`'Designated Positions,"which specifies the positions that
must file disclosure statements and the disclosure categories applicable to each position, and
Appendix B, `Disclosure Categories,"which specifies the interests that must be disclosed in each
category.
The body of the code would be the model conflict of interest code approved by the
Pair.Political practices Commission. (Cal.Code P.egs., tit. 2, § 18730, copy attached.) The WID
would act to incorporate the FPPC's model code and all amendments thereto. By doing so, the
WIB would ensure that in the future their code will contain all required legal provisions. When
the PPPC amends the model code, the Clerk of the Board of Supervisors would send copies of the
latest model code to the WIB filing officer(Executive Director) who would simply substitute the
new version for the prior one. No further action by the WIB would be necessary.
The cone would specify that filers would file their disclosure statements with.the
Executive director,who would make and retain copies of the statements, and forward the
originals to the Clerk of the.Board of Supervisors for filing. The code also would provide that the
Executive Director would make copies of the statements available for public inspection and
reproduction. A espy of the FPPC regulation stating the duties of an agency official who receives
disclosure statements is attached hereto. (Cal.Code Itegs., tit. 2, § 18115 (b).)
As proposed, Appendix A would designate WIB members, the Executive Director,
consultants, and those positions listed in your memorandum of October 2, 2000 as the positions
November 6, 2000
I'a e 2
consultants, and those positions listed in your memorandum of October 2, 2000 as the positions
with disclosure obligations. (See Appendix A to proposed code.) Most of these positions would
be assigned to disclosure categories 1 as defined in Appendix B. These filers would disclose
interests in real property(other than personal residences)and business entities, wurces of income,
and management positions in business entities if such property, entities and sources of income
were located in Contra Costa County or doing business in the County,or where such entities have
done business with the WIB or the County during the two years prier to close of the period for
which the statement was made. The Workforce Systems Analyst would be assigned to category
2 and would disclose interests in business entities where such entities have contracted with the
WIB or the County to provide services and supplies during the two years prior to the close of the
period for which the statement was made.
:Tease note that the proposed code sloes not establish any disclosure obligation for
those officials who are specified in Government Code section 87200, i.e., officials who manage
public investments, where such officials already must report interests held throughout the entire
County. Such persons are covered by the code for disqualification purposes only. In the case of
officials who 1) file disclosure statements pursuant to either section 87200 or a local agency code
for an entity whose geographical jurisdiction is within the County but is smaller than that of the
WIB, i.e., a school district,or 2) file statements pursuant to a local agency code for an entity
whose jurisdiction is countywide, such officials will have disclosure obligations under this code.
However such an official could expand his disclosure statement to cover all reportable interests
for both entities countywide and file copies of the expanded statement with both entities, (i.e.,the
Department of Employment and Duman Services and the WIB),provided that each copy of the
expanded statement has an original signature. (Cal. Code Regs., tit. 2, § 18730(b) (3), ptn. 1.)
Method of adopting.the cede
Conflict of interest cedes must be adopted and amended under procedures that
guarantee to officers and employees of the agency and to residents of the jurisdiction adequate
notice and a fair opportunity to present their views. (Gov. Code, § 87311.) In addition, once a
code is adopted or amended, it must be submitted to the code reviewing body, the Board of
Supervisors, for approval. (Gov. Code, §§ 82011 (b), 87303, 87306.) The code and any
amendments thereto take effect upon approval by the Board of Supervisors. persons having
disclosure obligations under the code will have to file their initial disclosure statements within 30
days after the Board of Supervisors approves the code.
Thus, we recommend 1)that the WEB place consideration and adoption of the
proposed conflict of interest code on its agenda as a discussion/action item at a regularly
scheduled meeting; 2)that the WIB make the proposed code available to the public for ten days
before that meeting, 3) that at the meeting the WIB allow members of the public and any staff to
comment on the proposed code; 4) that the WIB then consider the code and any comments; 5)
that if the WIB determines that the code should be adopted in the form proposed, the WIB adopt
a resolution or order approving the code and directing that the Executive Director submit the
N T
ovember 6, 2000
Pao- I
e 3
code to the Board of Supervisors for approval. Thereafter, a copy of the code and of the
document evidencing the WIBs action to approve the code must be submitted to the Clerk of the
Board of Supervisors who will place the code on the Board's agenda. Once the code is approved
by the Board, the Clerk will transmit a copy to the W1B.
Upon receipt of the approved code,the Executive Director should obtain copies of
the FPPCs Form 700 disclosure statements from the Clerk. He should see that persons with
disclosure obligations file their Form 700"initial statements"within 30 days of the Board of
Supervisors' action to approve the code.
NLANf\am
attachments:
Proposed Conflict of Interest Code for the WIB, including FPPC model code
Cal. Code Regs., tit. 2, § 18115
cc: Director, Employment and Human Services Department
Clerk of the Board(w/o attachments.)
Andrea Cassidy,Deputy County Counsel
Adopted
Date
CONFLICT OF INTEREST CODE
OF THE
WORKFORCE INVESTMENT BOARD
OF
CONTRA COSTA COUNTY
The Political Reform Act(Gov. Code, § 81000, et. seq.)requires state and local
government agencies to adopt and promulgate conflict of interest codes. The Fair Political
Practices Commission has adopted a regulation(Cal. Code Regs., tit. 2, § 18730) which contains
the terms of a standard conflict of interest code. After public notice and hearing, it may be
amended by the Fair Political Practices Commission to conform to amendments in the Political
Reform Act. Therefore,the terms of California Code of Regulations,Title 2, Section 18730 and
any amendments to it duly adopted by the Fair Political Practices Commission are hereby
incorporated by reference. This regulation and the attached Appendixes designating officials and
employees and establishing disclosure categories, shall constitute the conflict of interest code of
the Workforce Investment Board of Contra Costa County.
.Designated officials and employees shall file their disclosure statements with the Executive
Director who will forward the statements to the Clerk of the Board of Supervisors of Contra
Costa County. Copies of the statements will be retained by the Executive Director who will make
the statements available for public inspection and reproduction. (Gov. Code, § 81008.)
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APPENDIX"A"
DESIGNATED POSITIONS
Designated Positions Disclosure Category
Workforce Investment Board Member 1
Executive Director I
Planning and Policy Coordinator I
Youth Services Coordinator I
Business Vitality Coordinator 1
Director, Small Business Development Center I
Labor Market Information Coordinator I
Special Projects Coordinator I
Workforce Systems Analyst 2
consultants* 1
The Chair of the Work-force Investment Board may determine in writing that a consultant is
hired to perform a range of duties that is limited in scope and'thus is not required to comply with
disclosure requirements. The written determination is a public record and shall be retained for
public inspection.
APPENDIX"B"
DISCLOSURE CATEGORIES
1. Desi hated Officials and Employees in Cate ory"l 4t mast re ort:
All investments, interests in real property and business entities, so:xrces of income, and
status as a director,officer,partner, trustee, employee,or holder of any position of management
in any business entity. These financial interests are reportable only if located within or doing
business within Contra Costa County,or if the business entity is doing business or planning to do
business with the Workforce Investment Board of Contra Costa County or with the County of
Contra Costa. (and such plans are known by the designated official) or has done business with the
Workforce Investment Board of Contra Costa County or with the County of Contra Costa at any
time during the two years prior to the close of the filing period for which the statement is made.
2. Del si ated Officials anti Employees in CategoEy"2"must report:
Investments in any business entity, income from any business entity, and status as a
director, officer,partner, trustee, employee, or holder or a position of management in any
business entity, which has within the two years prior to the close of the filing period for which the
statement is.made, contracted with the Workforce Investment Board of Contra Costa County or
with the County of Contra Costa to provide services, supplies, materials, machinery or equipment
to the Workforce Investment Board of Contra Costa County or the County of Contra Costa.