HomeMy WebLinkAboutMINUTES - 12192000 - C129 TO.: Board of Supervisors
CONTRA
FROM: Victor J. Westman, County Counsel � "� :FCOSTA
By: Mary Ann McNett Mason., Deputy County Counsel COUNTY
DA fE: December 11, 2000
SUBJECT: Conflict of Interest Code of the Contra Costa County Superintendent of Schools
SPECIFIC REQUEST(S)OR RECOMMENDATIONS;&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S1;
Approve amendment to the Office of the Contra Costa County Superintendent of School's Conflict of
Interest Code to substitute the attached as said code, as shown on the attached memorandum from the Office of
tie Contra Costa County Superintendent of Schools.
BACKGROUND/REASON(S) FOR REC12MMENDATION S
The Office of the Contra Costa County Superintendent of Schools has amended its conflict of interest
code and submitted the revised code to the Board for approval pursuant to Government Code section 87306 and
87306.5.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
.
RECOMMENDATION Or COUNTY ADMINISTRATOR „RECO-IMENDA T ION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATI.,,[IE(S):
ACTION ICBM.? ® BOARD ON Decezr i CIC' � APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS:
I HEREBY CER'T'IFY THAT THIS IS A
� _UNANIMOUS (ABSENT_±_) TRUE ANIS CORRECT COPY OF AN
AYES: NOES: ACTION TARN AND ENTERED
ABSENT: ABSTAI'T. ON THE MINUTES OF THE BOARD
*District V Seat Is Vacant OF SUPERVISORS ON THE DATE
SHOWN.
.A'T'TES'T`ED. Deza ba Lg y_ 2auD
P HIE BATCHELOR, CLERK OF
THE BOARD OF SUPERVISORS
Contact: County Counsel .AND C LINTY DM7STRATOR
cc: Clerk, Board of Supervisors
Contra Costa County Office of Education BY A , DEPUTY
r:\,IOA!VPtir\MANi\bdcrdcoicoe.wpd
Adopted Novergbe 2000
Jose A. ick, Ed,D
ConV4 Cos County
SupelVintendent of Schools
CONFLICT OF LNTEREST CODE
OF THE OFFICE OF
THE CONTRA COSTA COUNTY
SUPE 4TENDEIN'T OF SCHOOLS
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 (Title 2 Cal.-Code of Regs., § 18730)which
contains the ten-ns 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 Title 2 California Code of Regulations Section
18730 and any amendments to it daily 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 Office of the Contra Costa County Superintendent of Schools.
Designated officials and employees shall file their statements with the Human Resources
Director who shall retain the statements and make there available for public inspection and
reproduction. (Gov. Codi, § 81008.)08.) The Human Resources Director will forward the original
statements filed by the County Superintendent to the Clerk of the Board of Supervisors of Contra
Costa County and will retain copies of the statements. The.Deputy Superintendent shall file
statements with the Human Resources Director who shall transmit the originals to the Contra
Costa County Clerk- Elections Division and obtain for his records conformed copies evidencing
such filings.
15726-3 BARCLAYS CA.WORNIA CE OF REGULATIONS 11de 2
118726.3. Valuation of Gift Passes and Season Tickets. ares ate reported by the committee its accordance with the provisions of
NOTE: Authority stead:Simon 83112,Government Code,Reference: on Government Code Seen 100,et seq.
82026,Government Code. (2) A reimburse advance,or outer payment for personal travel
MMRY 1.New section Fled Er 22--87; 22-87(Register$7, a*o. dor travel expenses not City by subsection(1)shall be reported by the recipient
and lodging,see 2 Cal.Code a Reg•,alatstasrs 7(Reg ter 97. pursuant to G " en*Cade Sections 87207 or 87302.
2.Renurrnt+ering of section 18725.3 to mon 18946.1 filed 1 93;operative )Any er payment not Coveted by subsection(a),in $a pay-
1-25-93(Register 93,No.5). meet for ersonal services,such as Wary,consulting - s,etc.,from a
com cc is income ora gift(except as provided in S tion 18950.3)and
118726.4. Testimonial Dinners and Eve re by tine recipient pursuant to Goverrtarten ode Section 87207
NOTE: Authority cited:Section 63112,Governrr de.Reference:Section $7302.
82028,Govauramt Code. 2YtE:Authority cited:Sections 63112,Gove Code.Reference:Sections
Hismity 62028 and 82030,Government Code.
1,New section filed 1-8--86;effeetive thirtiethy r after(Register 86,No. . HISTORY
2.Amendment filed 5--2647;operative 6.•- 7(Register 87,No.26). 1.New section filed 1446;effective third y t-hereafter(Register 86,No.2).
3.Renumbering of section 18726.4 to ort 18346.2 filed 1-25-93;o eve 2.Amendment of subsections(a)(1)and filed 7-25-95, ve 7-25-95
1-25-93(Register 93,No.5). pursuant to Government Cade section 343.4(d)(Register 95,.No.30).
18726,5. Valuation of riding Gifts. 118728. Reporting of Inco and Gifts;Honoraria and
NtrrE: Authority cited: Section 3112,Government Code.Rei ace: Section: Awards(87207 .
82026,Government Code. Corr:For fare sdmission,f beverages,transportation,lodging,and sub-
HiSTaRY sistercc provided to an official, r state candidate in connection with a peech,
1.New section filed 1- ;effective thirtieth day (Register 86,No.2). pastel,seminar,or sintilarse-0 ,see California Code of Regulations,Ti 2,Sec-
titan 1895va3.
2.Renumbering and dates-2 -foraner sectsoo 187 .5 to senior 18546.3 Nom: Authority cited: tion 83112,Goverrrnenr Code. Refe cc:Section.
fled 1-24-94; o ve .2). pursuant tis G ernment Code section 87207,Government Co
11346.2(d)(r e� 94,No.2). HISTORY
?.Eel toriai carne on of printing error removing viously relocated language 1.New section filed 24-75;effective thirtieth da LnterWaf (Register 75,Na.
and adding.4 RY 2(Register 94,No.9). y
43).
118726. Reporting of Gifts fro Multiple Donors. 2.(repealer and w section filed 6-17-75 as an emergeatc ,effective upon filing.
N hority cited: Section 83112, ammen,Code. Reference: Section cc
'if"
ompl arra included{Register 76,Pdo. 5).
62028, overtnmxzrt Code. 3.Amen t of subsection(b)filed 1-26-63;c5ec' e thirtieth day C}h
(IFS RY (Regis te 3,No.5).
1. ew section fnled:-8-66<e#' ve° r°.ietls da theredle-t(Register 86,No.2). 4.R r sand new Corasibt rrr famed 1-27-93>o ve 2-26-93(Regist 93,
y ip No.
Renumbering of section 18726.6 section 16945.4 filed 1-25-93;operative
1-25--93(Register 93,No.5). 1 29, Lessehold Intereatffi®eaV tat, Disclosure.
(a)When an official is rewired t ° close a leasehold inn est as de-
18726,7. passes or kets Given to anAgency. :ted in Govern,•rtent Code Section 0 3,the official sh '.
NOTE: Authority cited: Seed 83112,Government Code. Reference: Section (1)Identify the interest as a I hold interest.
62028,Government Com. (2)Disclose the number of y retraining or the I e.
IIIST�RY (3)Provide the address or precise location;of leasedproperty.
1.New sot filed 5-22 7;o ve 6-22-87(Register 87,No.26).For vel l
and lel;"g prOvi tact of 's agency,sem Stone Opinion,3 Fa n- (4)Provide the date upon tesla the lease bac effective or termi-
ions 52(No.77-1 ,June 7,1977). nated if either such date; during the peva covered by the state-
2.New subsection( filed 6-26-90; 've 7-25-90('Register 90, o.35). mens,
3.Renumbering o ormer section 16725.7 to new mon 18944.1 fil 6-22-94; (5)Disclose the val• of tine leasehold it st in the mariner required
operative 6- 94(Register 94,No.25). by C=overnment Cod Section 87206(d).
18726.8. Valuation of Gift Tickets to Charits and (b)The value of leasehold interest is ' amount of rent owed during
Political Fundraisers. a 12-month peri .For purposes of di losttre on a Statement of o-
N >hority cited: Section 83112,Goversraent Reference: Section nomic Interes the value of a lease. 1d interest is the amount of rent
8202.9, oveznsssant Code, owed during 12-mortis period. 12-mondh period shall be cons-
I°Itsmtt.Y puted as fo ws:
1.N suction fled 5-26-57;operative 6-25-47 87,No.2$). (1)In
Case of an uall o leaving office statert"ent,the first day
2. numbering of section 16726.8 to section 189 .4 filed 1-25-93;operative of the I month period is the t day of the reporting period or the first
-25-93(Register 93,No.5). day o e lease,which later.
18727. Gifts to Officials: a to 87207(s, ( In the case of as asst g office or candidate's statement,the frust
NoTa Authority cited:Section 83112,Go t Cade.(reference.Section of the 12-month is the date the statement is due.
87207(a),Govtmment Code. (c)If the value of official's leasehold interest is less than$1,000
RY when the rent sawed ' computed tinder subsection(b),but the official
1.Amendment filed 10-11-78;deai effective 1-1-79(Regist-r78,No.41 knows that the fay t value of the leaselgold during the
2. Mod 1-25-93;opera<iv 1-25-93(Register 93,Ilio.5). 12-month period xCeeds$1,000,the value of the leasehold is the actual
fair market Cal ,ranter than the rent owed,during the 12-month period.
18727,5. Travel Cost arld Other Payments from Nom: Authors cited: lection 83112,Government Code.Reference:Mens
Campaig oTt mittees. 82033 and 87206,Government Code.
(a)Travel Costs and bursements therefor paid by a"committee" HISTORY
as defused byCioverr ert Code Sections 82013(a),including a"'son- 1.Ne:w section filed'4446;effective thirtieth day thereafter(Register 65,No.2).
trolled commit�.ee," all be valued as follows: For history of former section see Registers 85 Pdo.25 and 76 No.
(1)A mimb ant,advance,or other payment for actual travel ex- f 18730. Provisions of Conflict of interest Codes.
penses(includint unseals and lodging)or for other actual and legitimate (a)Incorporation by reference of the terms of this regulation along
campaign expenses made by such a committee or controlled committee with the designation of employees and the formulation ofdisclosure raae-
is neither income nor a,gift to an official and need not be disclosed on the gories in the Appendix referred to below constitute the adaption and pro-
official's or Candidate's Statement of Economic Interests if the expendi- rnulgation of a conflict of interest Cade within the meaning of Govern-
Page .2 Rq*ttr 99,No.M 5-14-99
e Fair PoWical Prwdm Comndulon 18730
nett Code section 87300 or the amendment of a conflict of interest code 30 days after assuming the designated positions,or if subject to State Sen-
within the meaning of Goverient Code section 87306 if the teams of ate confirmation,301 days after being nominated or appointed.
this regulation are substituted for terms of a conflict of ingest code a1- (C)Annual Statements.All designated employees shall fele statements
ready in effect.A code so mended or adopted and promulgated requires no later than April 1.
the reporting of reportable items in a manner substantially equivalent to (D)Leaving Office statements.All persons who leave designated po-
the requirements of article 2 of chapter 7 of the Political Reform Act, sitions shall file statements within 30 days after leaving office.
Government Code sections 81000,et seq.The teqaizements of a conflict (5.5)Section 5.5.Statements for Persons Who.Resign Prior to Assurn-
of interest code are in addition to other requirements of the Political Re- ing Office.
form Act,such as the general prohibition against conflicts of interest cora- Any person who resigns within 12 months of initial appointment,or
twined in Government Code section 871090,and to other state or local laws within 30 days of the date of notice provided by the filing officer to f=ile
pertaining to conflicts of interest. an assuming office statement,is not deemed to have assumed office or
(b)The terms of a conflict of interest code amended or adopted and left office,provided he or she did not make or participate in the making
promulgated pursuant to this regulation are as follows: of,or use his or her position to influence any decision and did not rewive
(1)Section 1.Definitions. or become entitled to rive any form of payment as a result of his or her
The def=ritions contained in the Political Reform Act of 1474,regula- appointment.Such persons shall not file either an assuming or leaving of-
tions of the Pair Political Practices Commission(2 Cal.Code of Regs. Tice statement.
sections 18100,es seq.),and any amendments to the Act or retralations, (A)Any person who resigns a position within 30 days of the date of
age incorporated by reference into this conflict of interest code. a notice from the filing officer shall do Both of the following:
(2)Section 2.Designated Employees. (1)Pile a written resignation with the appointing power,and
The persons holding positions listed in the Appendix are designated (2)Pile a written statement with the filing officer declaring tinder pen-
employees.It has been determined that these persons make or participate alty of pedury that during the period between appointment and resigna-
in the making of decisions which may foresecably have a material effect tior he or she did not make,participate in the milking,or use the position
on financial interests. to influence any decision of the agency or receive,or become entitled to
(3)Section 3.Disclosure Categories. receive,any form of payment by virtue of being appointed to the position.
This code does not establish any disclosure obligation,for those desig- (6)Sections 6.Contents of and Period Covered by Statements of Bco-
nated employees who are also specified in Government Code section nomic Interests.
87200 if they are designated it this code in that same capacity or if the (A)Contents of Initial Statements.
geographical jurisdiction of this agency is the same as or is wholly in- Initial statements shall disclose any reportable investments,interests
ciuded within the jurisiiction in which those persons must report their fi- in real property and business positions held on the effective date of the
nancial interests pursuant to article 2 of chapter 7 of the Political Reform exude and income received during the 12 months prior to the effective data;
Act,Government Code sections 87200,ere seri. of the code.
In addition:,this code does not establish any disclosure obligation for (B)Contents of Assuming Office Statements.
any designated employees who are designated in a conflict of interest Assuming office statements shall disclose any reportable investments,
code for another agency,if all of the following apply: interests in real property and business positions held on the date of is-
(A)The geographical jurisdiction of this agency is the same as or is &uming office or,if subject to State Senate confirmation or appointment,
wholly included with ri the jurisdiction of the other agency; on the date of nomination, and incorne received during the 12 months
(B)Ile disclosure assigned in the code of the other agency is the same prior to the date of assuming office or the date of being appointed or nom-
as that required under Article 2 of Chapter 7 of the Political Reform Act, inated,respectively.
Government Code section 87200;and (C)Contents of Annual Statements.Annual statements shall disclose
(C)'The filing officer is the same for both agencies.t any reportable investments,interests in real property,income and busi-
Such persons are covered by this code for disqualification purposes ness positions held or rived during the previous calendar year pro-
only.With respect to all other designated employees,the disclosure cate- vided,however,that the period coven by an employee's first annual
gories set forth in the Appendix specify which kinds of financial interests statement shall begin on the effective date of the code or the date of as-
am
reportable.Such a designated employee shall disclose in his or her suming office whichever is later.
statement of economic interests those financial interests he or she has (D)Contents of Leaving Office Statements.
which are of the kind described in the disclosure categories to which he Leaving office statements shall disclose reportable investments,inter-
or she is assigned in the Appendix.It has been determined that the furan- ests in real property,income and business positions held or received dur-
cial interests set forth in a designated employee's disclosure categories ing the period between the closing elate of the last statement filed and the
ani the kinds of financial interests which he or she foreseeably can affect date of leaving office,
materially through the conduct of his or her office. (7)Section 7.Marmer of Reporting.
(4)Section 4,Sue ments of E4onomic Interests:Place of filing. Statements of economic interests shall be made on forms prescribed
The code reviewing body shall instruct all designated employees with- by the Pair Political Practices Commission and supplied by the agency,
in its code to file statements of economic interests with the agency or with and shall contain the following information:
the code reviewing body,as provided by the code reviewing body in the (A)Investment and Real Property Disclosure.
agency's conflict of interest code.2 When an investment or an interest in real property3 is required to be
(3)Section 5.Statements of Economic Interests:Time of Filing. reported,&the statement shall contain the following:
(A) Initial Statements. All designated employees employed by the 1.A statement of the nature of the investment or interest;
agency on the effective date of this code,as originally adopted,promul- 2.The name of the business entity in which each investment is held,
gated and approved by the code reviewing body, shall file statements and a general description of the business activity in which the business
within 30 days after the effective date of this code.Thereafter,each per- entity is engaged;
son already is a position when it is designated by an amendment to this 3.The address or other precise location of the real property;
code&hili file an initial statement within 30 days after the effective date 4.A statement whether the fair met value of the investment or inter-
Of the amendment est in real property exceeds one thousand dollars($1,0003),exceeds ten
(B) Assuming Office Statements. All persons assuming designated thousand dollars ($10,0, or exceeds one hundred thousand dollars
positions after the effective date of this code shall file statements within ($100,0090).
fage 444.3 Reoter 99,No.A 3-14-99
19730 BARCLAYS CALIFORNIA CODE OF REGULATIONS retie 2
(B)Personal Income Disclosure.When personal income is required to the vacates office,receive a personal loan from,any officer,employee,
be reponed,5 the statement shall contain: member,or consultant of the state or Racal government agency in which
1.The ratite and address of each source of income aggregating two the elected officer holds office or over which the elected officer's agency
hundred fifty dollars($2.50)or more in value,or fifty dollars($50)or has direction and conte'.
more in value if the income was a gift,and a general description of the (B)No public official who is exempt from the state civil service system
business activity,if any,of each source. pursuant to subdivisions(c),(d),(e),(f),said of Section 4 of Article
2. A statement whether the aggregate value of income frons each VII of the Constitution shall,while he or she holds office,receive a per-
source,or in the case of a loan,the highest amount owed to each source, sonal loan from any officer,employee,member,or consultant of the state
was one thousand dollars($1,000)or less,greater that.one thousand dol- or local government agency in which the public official holds office or
lays($1, ),or greater than ten thousand dollars($10,000); over which the public official's agency has direction and control.This
3..A description of the consideration,if any,for which the income was subdivision shall not apply to loans made to a public official whose duties
received. are solely secretarial,clerical,or manual.
4.In the case of a gift,the name,address and business activity of the (C)leo elected officer of a state or local government agency shall,from
donor and any intermediary through which the gift was arcade;a descrip- the date of his or her election to office through the date that he or she va-
tion of the gift;the atno4urlt or value of the and the date on which the cW=office,receive a personal loan from any person who has a contract
gift was received; with the state or local government agency to which that elected officer
5.In the cute of a loan,the annual interest rate and Lie security,if any, has been elected or over which that elected officer's agency his direction
given for the loan and the terse of the lean. and control.This subdivision shall not apply to brans made by banks or
(C)Business Entity Income Disclosure.When income of a business other financial'institutions or to any indebtedness created as part of a re-
entity, including income of a sole proprietorship, is required to be re- tail installment or credit card transaction,if the loan is made or the
por%ed,6 the statement shall contain: debmdness created in the lender's regular course of business on terms
1.The name,address,and a general description of the business activity available to members of the public without regard to the elected officer's
of the business entity; official status.
2.The name of every person from whorl the business entity received (D)No public official who is exempt from the state civil service sys-
payments if the filer's pro rata share of gross receipts from such person tem pursuant to subdivisions(c),(d),(e),(f),and(g)of Section 4 of Ar-
was equal to or greater than ten teiousand dollars($10,000). ticle VII of the Constitution shall,while he or she holds office,receive
(D) Business Position Disclossure. When business positions are re- a personal loans from any person who has a contract with the state or local
quired to be reported,a designated employee shall list the name and ad- government agency to which that elected officer has been elected or over
dress of each business entity in which he or she is a director,officer,part- which that elected officer's agency has direction and control.This subdi-
ner, trustee, employee, or in which by or she holds any position of vision shall not apply to leans shade by banks or other financial institu-
nagement,a description of the business activity in which the business tions or to any indebtedness created as part of a retail installment or credit
entity is engaged,and the designated employee's position with the bust- card transaction,if the loan is made or the indebtedness created in the
ness entity, lender's regular coarse of business on terms available to members of the
(E)Acquisition or Disposal luring Reporting period.In the case of an public without regard to the elected officer's official status.This subdivi-
annual or leaving office statement,if an investment or an interest in real sion shall not apply to loans made to a public official whose duties are
property was partially or wholly acquired or disposed of during the peri- solely secretarial,clerical,or manual.
od covered by tate statement,the statement shall contain the date of acqui- (E)This section shall not apply to the following:
sition or disposal. 1.Loans made to the campaign committee of an elected officer or can-
(8)Section 8.Prohibition on Receipt of Honoraria. didam for elective office.
(A)No rnernberof a state board or commission,and no designated em- 2.Loans made by a public official's spouse,child,parent,grandparent,
ployee of a state or local government agency,shall accept any honorari- grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-
um from any source,if,he member or employee would be scoured to re- law,nephew,niece,aunt,uncle,or first cousin,or the spouse of any such
port the receipt of income or gifts from that source on his or her statement persons,provided that the person making the loan is not acting as an agent
of economic interests.This section shall not apply to any partdme them- or intermediary for any person not otherwise exempted under this sec-
ber of the governing board of any public institution of higher education., tion.
unless the member is also an elected official. 3. Loans from a person which,in the aggregate,do not exceed two
Subdivisions(a),(b),and(c)of Government Code Section 89501 shall hundred fifty dollars($2513)at any given time.
apply to the prohibitions in this section, 4.Loans made,or offered in writing,before January 1, 1998.
This section shall not limit or prohibit payments,advances,or rein- (8.3)Section 8.3.Loan Terms.
bursements for travel and related lodging and subsistence authorized by (A)Except as set forth in subdivision(E),no elected officer of a state
Government Cede Section 89506. or local government agency shall,from the date of his or her election to
(S.1)Section 8.1.prohibition on Receipt of Gifts in Excess of$300, office through the date he or she vacates office,receive a personal loan
(A)No member of a state board or commission,and no designated em- of five hundred dollars($500)or more,except when the lova is in wilting
ployee of a state or local government.agency,shall accept gifts with a to- and clearly stases the toasts of the loan,including the pies to the loan
W valine of more than$300 in a calendar year fx°om any single source,if agreement,date of the loan,amount of the loan,term of the loan,date of
the member or employee would be required to report the receipt of in- dates when payments shall be due on the loan and the amount of the pay_
come or gifts from that source on his or her statement of economic inter- talents,and she rate of interest paid on the loan.
ests.This section shall not apply to any part--thee member of the govern- (B)This section shall not apply to the following types of loans:
ing board of any public institution of higher education, unless the 1.Loans made to the campaign committee of the elected officer.
member is also an elected official. 2.Loans Trade to the elected officer by his or her spouse,child,parent,
Subdivisions(e),(f),and(g)of Government Code Section 89503 shall grandparent,grandchild,Brother,sister,pment•-in-law,brother in--lase.
apply to the prohibitions in this section. sister in-law,nephew,niece,aunt,uncle,or first cousin,or the spouse
(8.2)Section 8.2.Loans to Public Officials. of any such person,provided that the person snaking the loan is not acting
(A)leo elected officer of a state or local government agency shall, as an agent or intermediary for any person not otherwise exempted under
from the date of his or her election to office through the date that he or this section.
Page"4A r%,No.M 5-i4-urs
Indo 2 Fair Political Practices Commission 118730
3.Loam made,or offered in writing,before January 1,1998. (9.5)Section 9.5.Disqualification of State Officers and Empioyees.
(C)Nothing it this section shall exempt any person from any other In addition to the general disqualification provisions of section 9,no
provision of Title 4 of the Government Code. state administrative official shall make,participate in snaking,or use his
(8.4)Section 8.4.Personal Loans. or her official positions to influence any governmental decision directly
(A)Except as set forth in subdivision(I3),a personal loan received by relating to any contrffict where the state administrative official knows or
any designated employee shall become a gift to the designated employee has reason to know that any party to the contract is a person with whorl
for the purposes of this section in the following circumstances: the state administrative official,or any member of his or her immediate
1.If the loan has a defined date or dates for repayment„when the statute family fuss,within 12 months prior to the time when the official action is
of limitations for filing ars action for default has expired. to be taken:
2.If the loan Inas no defined date or dates for repayment,when one year (A) Engaged in a business transaction or transactions on terms not
has elapsed from,the later of the following; available to members of the public,regarding any investment or interest
a.The doe the loan was made. in real property;or
b.The date the last pay talent of one hundred dollars($100)or more was (B) Engaged in a business transaction or transactions on terms not
made on the loan. available to members of the public regarding the rendering of goods or
c.The date upon which the debtor has made payments on the loan ag- services totaling in value one thousand dollars($1,00)or more.
gregating to less than two Hundred fifty dollars($250)during the pre- (10)Section 10.Manner of Disqualification,
vious 12 months. Millen a designated employee dem"nines that he or she should not
(E)This section shall not apply to the following types of loans: Make a governments)decision because he or she has a disqualifying in-
t.,A loan made to the carripaign committee of an elected officer or a to est in it,the determination not to act must be acccompanied by disclo-
candidate for elective officer. stare of the disqualifying interest.It the case of a voting body,this deter-
2.A loan that would otherwise not be a gift as defined in this title. urination and disclosure shall be nude part of the agency's official,
3.A loan that would otherwise be a gift as set forth sander subdivision record;in the case of a designated employee who is the head of an agency,
(A),but on which the creditor has taken reasonable action to collect the this determination and disclosure shall be trade in writing to his or her
balance due. appointing authority;and in the case of other designated employees,this
4.A loam that would otherwise be a gift as set forth under subdivision determination and disclosure shall be made in writing to the designated
(A),but can which the creditor,based on reasonable business consider- employee's supervisor.
ations,has not undertaken collection action.Except is a criminal action, (11)Section 11.Assistance of the Commission and Counsel.
a creditor who claims that a loan is not a gift on the basis of this paragraph Any designated employee who is unsure of his or her duties under this
has the burden of proving that the decision for not taking collection action code may request assistance from the pair political Practices Conintis-
was based on reasonable bossiness considerations. sign pursuant to Government Code section 83114 or from the attorney for
5.A loan made to a debtor who has filed for bankruptcy and the loan his or her agency,provided that scathing in this section requires the attor-
is ultimately dischs_rged in bankruptcy. ney for the agency to issue any formal or informal opinion.
(C)Nothing in this section shall exempt any person from any other (12)Section 12.violations.
provisions of Title 9 of the Government Code. This code has the fa=and effect of law.Designated employees vio-
(9)Section 9.Disqualification. lating any provision of this code are subject to the xdrninistaadve,crimi-
No designated employee shall make,participate in making,or in any nal and civil sanctions provided in the Political Reform Act,Government
way attempt to use his or her official position to influence the making of Code sections 81000-91015.Is addition,a decision in relation to which
any governmental decision which he or she knows or Inas reason to know a violation of the disqualification provisions of this code or of Govern-
w 11 have a reasonably foreseeable material financial effect,distinguish- anent Code section 87100 or 87450 has occurred may be set aside as void
able frc m its effect on the public generally,on the official or a member pursuant to Government Code see-ion 91003.
of his or her immediate family or on:
(A)Any business entity in which the designated employee has a dint IDesignated employees who are requited to file statements of economic inter-
or indirect investment worth one thousand dollars($1,000)or more; eats under any other agency's conflict of interest fie,or under article 2 for a dif-
(1$)Any rel property in which the desi employee has a dint ferent jurisdiction,may expand their state t of economic interests to cover re-
le'interests in both jurisdictions,and file copies oaf this expaaided itatement
or indirect interest worth one thousand dollars($1,000)or more; . with both entities in lieu of filing separate and distinct statements,provided that
(C)Any source of income,other than gifts and outer than loans by a each copy of such expanded state vont filed in place of in original is signed and
commercial lending institution in the regular course of business on terms verifiedby the designated employee as if it were an original.See Government
tt2ent
,Ode section 81004.
available to the public without regard to official status,aggregating two 2 See Government Coag section 81010 and 2 Cal.Code of Begs.section 18114
hundred fifty dollars(5250)or mom it value provided to,received by or for the duties of filing offices and persons in agencies who snake and retain copies
promised to the designated employee within 12 months prior to the time of statements and forward the originals to the filing officer.
when the decision is made; s For the purpose of disclosure only(not disqualification),an'interest in real
(D)Any business entity in which the designated employee is a direc- property does not include the principal residence of the filer:
tor,officer,partner,trustee,employee,or holds any positions of e- a Investments and interests in real property which have a fair mwket value of
mrent•or less than►$1,000 ase not inves nts acid interests in seal property within the -
g of the Political€reform fact.however,investments or interests in seal property
(E)Any donor of,or any intermediary or agent for a donor of,a gift oi°as individual include those held by the individual's spouse and dependent chil-
or gifts aggregating$300 or more provided to,received by,or promised den as well as a pro rata shone of airy invresunent or intrust is renal property of any
to the designated employee within 12 months prior to the time when the business entity or trust in which the individual,ape=and de deet children
decision is made. own,in the aggregate.a direct,indirect or beneficial interact of I o per m ur gmat-
(9.3)Section 9.3.Legally Required Participation. ems
A designated employee's income includes his or iter co«„a,ec,n;ty property in-
No designated employee shall be prevented from making or participat- test in the income of his or her spouse but does not include salary or reimburse-
ing in the making of any decision to the extent his or her participation is meat for expenses received from a stare„local orf Was;government agency.
legally required for the decision to be made.'The fact that the vote of a 61noome of a business entity is reportable if the direct,indit t or beneficial in-
designated employee who is on a voting body is needed to break a tie does est of the files and the filer's spouse in the business entity aggregates a 10 per-
not make his or her participation legally required for purposes of this sec- CMtOrgreaWita=L in addition,the disclosure of persons who am clients orcus-
tomers af a business entity is required only if the clients or customers are within
tion.
one of the disclosure categories of the filer.
Page _ Ra&W 99,No.20-,5-14-99
PP I ENDIX"A"
Designated Positions Disclosure Category
County Superintendent 1,2
Associate Superintendent 1,2
Assistant Superintendent, Curriculum&Instruction 1,2
Director,Human Resources 1,2
Director,Communications Office 1,2
Director, Special Education 1,2
Director,Alternative Education 1,2
Director,Career Development 1,2
Director.Curriculum& Instruction 1,2
Director,Admin.&Ed.Technology Systems 1,2
Director,General Services 1,2
Director.District Business Services 1,2
Prhicipal,Special Education 1,2
Principal,Alternative Education 1,2
Project Manager,YIDS 1,2
.Project Manager,CDC 1,2
Program Manager 11, ROP 1,2
Curriculum Coordinator 2
School to Career Coordinator 2
Technology Specialist 2
Budget Manager 1,2
Assistant Principal, Special Education 1,2
Assistant Principal,Alternative Education 1,2
Program Manager 1,ROP 1,2
Project Coordinator 2
District Business Services Manager 1,2
Curriculum Consultant 2
Curriculum Specialist 2
Network Manager 2
Technology Coordinator 2
Supervisor.Fiscal Services 2
Supervisor,Accounting Services 2
Fiscal Services Analyst 2
Supervisor,Media Services 1,2
Supervisor,Resource Center 1,2
Project Supervisor 2
Consultants 1,2
* The County Superintendent 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.
** It has been determined that the positions listed below manage public investments and will file
a statement of economic interests pursuant to Government Code section 87200:
Deputy Superintendent
APPENDIX"B"
1. Desi aced Officials and Employges in Category 461" must rem
All invests- encs, interests in real property and business entities, sources 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 Contra.
Costa County or if the business entity is doing business or planning to do business with the
Contra Costa.County Board of Education or Contra Costa County Office of Education (and such
plans are known by the designated official) or.has done business with the Contra County Board
of Education or the Contra Costa County Office of Education at any time during the two years
prior to the filing of the statement of economic interests.
2. Designated Officials and Employees in Category 662" roust 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 last two years prior to the filing of the statement of
economic interests, contracted with the Contra Costa County Board of Education or the Contra
Costa County Office of Education to provide services, supplies, materials, machinery or
equipment to the Contra Costa.County Board of Education or the Contra Costa County Office of
Education.
Office of the County Counsel Centra Costa County
51 Pine Street, 9th Floor Phone: (925)335-1800
Martinez, CA 94553 Fax: (925)646-1076
RECEIVED
Date: December 11, 2000 € 0.E C� 11 jn
f
To: Clerk, Board of Supervisors � ��� ``t r F C
From: dieter J. Westman, County Counsel
By: M&-y Ann MINI ett Mason, Deputy County Counsel ��'�p
Re: Conflict of Interest of Code of the Contra.Costa County Superintendent
of Schools
In response to your memorandum of November 29,2000, attached hereto are
amendments to the Conflict of Interest Code for the above- arned.entity. The amendments are
approved as to form.
Tease place this matter on the Board of Supervisors' agenda as requested by the entity.
A.board order is attached.
MAS /jh
cc: Molly Brownscombe, Director, Human Resources,
County Office of Education
attachments