HomeMy WebLinkAboutMINUTES - 12192000 - C130 TO: Board of Supervisors
A{ CONTRA
FROM: Victor J. Westrnan, County Counsel nCOSTA
By: Mary Ann N1cNett Mason, Deputy County Counsel COUNTY
DATE: December 11, 2000
SUBJECT: Conflict of Interest Code of the Contra Costa County Board of Education
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION — —
RECOIa MEND TIO1 S-
Approve amendment to the Office of the Contra Costa County Board of Education's Conflict of Interest
Code to substitute the attached as said code, as shown on the attached resolution from.the Contra Costa County
Board of Education.
Br-iCKGRO€TI D/REASo N(S) EOR COMMENDATION(
The Contra Costa County Board of Education has amended its conflict of interest code and submitted
the revised code to the Board for approval pursuant to Government Code section 87306 and 57306.5.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
s
RE,CON[NIENDATION OF COUNTY ADM NT ISTRATOR RECOMMENDATION OF BOARD CO\MTT EE
APPROVE OTHER
SIUNA'FUTR.E(S):
ACTION OF BOARD ON Ilei^ � _X000 APPROVED AS RECOMMENDED- X OTHER
VOTE OF SUPERVISORS:
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT* TRUE AND CORRECT COPY OF AN
AYES. NOES: ACTION TAKEN AND ENTERED
ABSENT. ABSTAIN: ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE
District V SEat Ts Vacant
SHOWN.
ATTESTED:R ecemb r 19, 200o
PHIL, BATCHELOR, CLERK OF
THE BOARD OF SUPERVISORS
Contact: County Counsel AND COUNXY ADNY STRATOR
cc: Clem., Board of Supervisors ` '
Centra.Costa County Board of Education By � � � �, ,DEPUTY
?:\J0ANNN1VAN1\bdordcoicoe.wpd 0
Adopted 1 B 15 X 2 0 0 0
Date
Resolution# 14®a 0 P 0
CONFLICT OF INTEREST CODE
OF THE
THE CONTRA COSTA COUNTY
BOARD OF EDUCATION
The Political Reform Act (Gov. Code, § S 1000, 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 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
Title 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by time
Fair Political Practices Cor,-°nission 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 Contra Costa County Board of Education.
Designated officials and employees shall file their statements with the Human Resources
Director who will forward time statements to the Clerk of the Board of Supervisors of Contra Costa
County. Copies of the statements will be retained by the Human.Resources Director who will make the
statements available for public inspection and reproduction. (Gov. Code, § 81008.)
I 1 7? e3 BARCLAYS CALIFORNIA CODE OF REGLIATIONS 11 le 2
#18726.3. Valuation of Gift Passes and Season Tickets. tures are reported by the committee in accordance wits,the provisions
Nom:Authority cited:Section 83112,Governinent Code.Reference: n Government Code Sections 84100,et&eq.
82028,Government Code. (2)A reimbursement,advance,or tither payment for personal vel
HismRY expenses not covered by subsecti (1)shall be repotted by the. plant
1.New section filed 6-2.247;operative 6-2247(Register 87,No.26 or travel
and lodging,sec 2 Cal.Code o ons section 18726. pursuant to Government Code tions 87207 or 87302.
2.Renurrber:ng of seeder 18726.3 to section 18946.1 filed 1-- 93;opemtive (b)Any outer payment not vered by subsecdon(a),inc "'ng a pay
1-25-93(Register 93,No.5). gent for personal servicesuch as salary,consulting f ,etc.,from a
committee is income or ift(except as provided in See" n 18950.3)acid
118726,4. Testimonial Dinners and Event . reported by the reci ' t pursuant to Government C e Section 87207
.N=: Au6nority cited: Section 83112,Government de.Reference:Section or 87302.
82028,Govemnient Code. NOM:Auldsority ted:Section 83112,Government de.Re€erence:Sections
HISTORY 82028 and 820 ,Government Code.
1.New sr-ion filed 1-946;ef`fe ive thirtieth thereafter(Register 86,No.2). IkSTORY
2.Atnendznent filed 5-•26-87;operalive 6-2 7(Registsr 87,leo.26). 1.New on filed 1-846;effective thirtieth dicreaftrr(Rester 86,leo.2).
3.Renumbering of section 18726.4 to n 18946.2 filed 1-25-93;operative 2, nt of subsections(a)(1)and(b) A 7-=25-95;operative 7-25-95
1--25-93(Register 93,No.5), t to Go nt Code section 11 3.4(d)(Register 95,No,30).
§18726.5. lteluration of W ding Glfte. 728. Reporting of incorn rid Gifts; Honoraria and
NMB: Authority cited: Sectim 112,Govemment Code.Reference: Section Awards(67207),
829281 GovernInent Code. Commwr:For five admission,f vanes,transportation,lodging,and sub-
glgRy siatense provided to an osial,o tate candidate in connection with a spcecla
1.New section filed 1.-8-86• ffective thirtieth day there after{Register 86,N ) panel,seminar,or similar set vi California Code o€Regulations,Fide 2,S
2.ffenurnbering and .dment of forager section 18726.5 to section 1 46.3 tion 15950.3.
filed 1-24-94; a zve 1-24-94 pursuant to Govemnent Cod section 1�Q3>e: Authority sited: Sas n 83112,Govern-new t Code. Reference: S on
11346 (4)(Regi .94,No.2). 872037,Government Code
3.Editexial tote' n of printsng error removing previously rdl language il15TC9RY
and adding . av 2(Register 94,No.9). 1,New section filed 1 4425;effective thirtieth day thereafter(Re ' ter 75,No.
43).
118726.6 Reporting of Gifts from Multiple nore. 2.Repealer and ne tson filed 6-17-76 as an emergency;eff rive upon fsing.
Nam: �. o sty cited: Section 83112, Govcrntnent Co . Reference: Section Certificate of ompliance included(ltegxster 76,No.25).
82£28, vernment Code. 3.Arnendmen f subsection(b)filed 1-2643;-effective -eth day thereafter
HISTORY
(Register Na.S).
1.N vection filed 1-8-86;effective shirt a hday -.ter{Register 86,No.2). 4. epeale and new CoAaiv�h"t filed 1-27-93;ope. a 2-26-93(Register 93,
nuinbering of sectim 18726.6 to section 18 5.4 iled 1-25-93;operative
1-25-93(Register 93,No.5). §18 9. Leasehoid Interests--Val ,Disclosure.
When ars official is repaired to di ose a leasehold interest as d
18726,7. Passes or Tickets GI n to an Agency. ed in Government Code Section 8 33,the official shall:
Nom: Authority cited: Section 83112, vernment Code.Reference: Section (1)Identify the interest as a I old interest.
82028,Coverratent Code. (2)Disclose the number of y remaining on the lease.
CRY (3)Provide the address or o .eY precise location of the' property.
1.1Vew*estiosy filed 6-22-87;o ve 6-22-87(Register 87.No.26).For 1 p
and lodging provided to an offs 's agency,see Stone Opinion.3 FPPC n- (4)wide the date aper hick the lease became efEec' e or termi-
ions 52(iia.77-W3,Ione 7, 77). hated if either such date during the period cove by the state-
2.New subsection(e)filed 6x90;operative 7--26-9€3(Register 90, .35). inter,
1Renumbering of€armor tion 18726.7 to new section 18944.1 ftl 6-22-94; (5)LDisclose the v e of the leasehold interest in a mariner required
operative€w22-94(Re ster 94,No,25). by Government C Section 87206(d).
118726.8. Veit- ion of Gift Tickets to Cheritaa and (b)The value f a leasehold interest isthe unt of rent owed dining
P tti l Fundraalsere, a 12-month od.dor purposes of disc10 on a Statement of Eco-
NaM: Autbority 'ted:Section 83112,Government .Reference: Section norric bite ts,the value of a lemnehol serest is the amount of rent
82028,00 nt Code. owed d '.g a 12-month period, the -month period shall be com-
HIsToRy puted ollows:
1.New sec' filed 5-26-8 7;operative 6-25-87 gister 87,No.26). (1) n the case of an antinial or ving office statement,the first day
2.Renu ng of section 18726.8 to sections 18 .4 filed 1-25-93;operative of 12-month period is the day of the reporting period or the first
1-25 3(Register 93,No.5). of the lease,which w ater.
1 27, lfte to Officials:�eas;ti n 87207{aa , (2)In the case of an as
ung office or candidate's statement,the first
NOM: Authority cited:Section 83112, overnment Code.Reference: Sectio day of the 12-month is the date the statement is due.
87207(a),Government Code. (c)If the value of official's leasehold interest is less than 51,E
RY when the rent ow is computed under subsection(b),but the official
1.Amendnientfiled1Q-11-78;des of€ectivel-1-79(Register75,N .41). knows that the fair market value of the leasehold during the
2.Repealer filed 1-2543; ve 1-25--93(Register 93,No.5). 12-month exceeds S 1,000,the value of the leasehold is the actual
fairmarket rte,rattier than the rent owed,during the 12-month period.
18727.6. Travela and ether Payments fro iede3TE:A ority sited:Section.83112,Governascnt Code.Reference:Sections
Camp n Committees. 82033 87206,Govawnent Code,
(a)Travel costs reimbursements therefor paid b "committee" 111SMItY
as defined by Go rnment Code Section 82013(a), ' eluding a"con- 1.New section filed 1446;effective thirtieth dap thaeafter(Register 86,No.2).
trolled ctsmmi ,"s.�ll be valued as follows: For history of former section see Registers 85,No.25 and 76,No.40.
(1)A reign' ement,advance,or other payor t for actual travel ex- 118780. Provisions of Conflict of I ate—st Co est.
penses(inc ng meals and lodging)or for o er actual and legitimate (a) Incorporation by reference of the terms of this regulation along
cw-paigr xpenses made by such a committee or controlled committee with the designation of employees and the formulation of disclosure cate-
i.s neith income nor a SM to an official and need not be disclosed on the gorges in the Appendix referred to below constitute the adoption and pros
off°t ` 's or candidate's Statement of Economic Interests if the expendi- mulgation of a conflict of interest code within the meaning of Govern-
Page 4441 Remoter 99,No.20;5-14-99
tle 2 Fair Political Practices Commission 1318730
tent Code sections 87300 or the amendment of a conflict of interest she 30 days After assuming the designated positions,or if subject to Susie Sena
within the meaning of Government Code section 87306 if the tempts of ate confirmation,30 days after being nominated or appointed.
this regulation are substituted for terms of a conflict of interest code al- (C)Annual Statements.AD designated employees shall file statements
ready in effect.A code so amended 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 Reforms Act, sitions shall file statements within 30 days after leaving once.
Government Code sections S 10€0,ei,req.The requirements of a conflict (5.5)Section 5.5.Statements for Persons Who Resign Prior to Assurra-
of interest code am in addition to other requirements of the Political Re- ing Office.
form Act,such as the general prohibition against conflicts of interest con- Any person who resigns within 12 months of initial appointment,or
tanned in Goverrinient.Code section 87130,and to other suite or local laws within 30 days of the date of notice provided by the filing officer to aIle
pertaining to conflicts of interest. an assurriing 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 riotrive
(1)Section 1,Definition& or become entitled to receive any form of payment as a result of his or her
The definitions contained in the Politica€lWorm Act of 1974,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. five statement.
sections 15100,,er seq.),and any Amendments to the Act or regulations, (A)Any person who resigns a position within 30 days of the date of
are incorporated by reference into this conflic 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)Pie a written statement with the filing officer deciaring under pen-
employees.It has been determined thatthese persons make or participate alty of perjury that during the period between appointment and resigna-
in the making of decisions which may foreseeably have a material effect tion he or she did not snake,participate in the asking,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 foam olFpayrnent by virtue of being appointed to she position.
This code does not establish any disclosure obligation for those desig- (6)Section 6.Contents of and Period Covered by Statements of Eco-
nated employees who are also specified in Government Code section nornic interests. .
87200 if they ire designated in 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
cluded within tlic jurisdiction in which those persons must report theirfi- in real property and business positions field on the effective date of the
nancial interests pursuant to article 2 of chapter 7 of the Political Reform code and income received during the 12 months prior to the effective date
Act,Government Code sections 87200,el seq. of the code.
In addition,this code does:rot establi,sh any disclosure obligation for (B)Contents of Assuming Office Statements.
any designated employees who are designated in a conflict of interes. Assuarsng office statements shall disclose any reportable investments,
code for another agency,if all of the following apply: interests in real property and.business positions Belt'on the date of as-
(A)The geographical jurisdiction of this agency is the sante as or is surning office or,if subject to State Scram confirm on or appointment
wholly included within the jurisdiction of the other agency, on the date of nomination, and incorne received during the 12 months
(I3)I'tic 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, inamd,respectively.
Government Code section 87200;and (C)Contents of Annual Statements.Annual statements shall disclose
(C)Ile filing officer is the same for both agencies.t any zgaortable investments,interests in real property,income and busi-
Such persons are covered by this code for disqualification purposes ness positions held or receivers during tate previous calendar year pro-
only.With respect to all other designated employees,the disclosure catte- vided,however,that the period covered by an employee's first annual
gories set forth in the Appendix specify which kinds of ficial interests statement shall begin on the effective date of the code or the date of as-
are reportable.Such a designated employee shall disclose in his or her surnirng 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 it.the Appendix.It has been determined that the Finan- ests in real property,income and business vositions held or received dur-
cial interests sett forth in a designated employee's disclosure categories ing the period between the closing date of the last statement filed and the
are 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.Manner of Reporting.
(4)Section 4.Statements of Economic interests:Place of Piling. Statements of economic interests shall be made on forms prescrlibed
The code reviewing body shall instruct all designated employees with.- by the Pais 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
(5)Section 5.Statements of Economic Interests:Time of;riling. reponed,4 the statement shall contain the following:
(A) Initial Statements. All designated employees employed by the 1.A statement of the mature of the investment or interest;
agency on the effective date of this code,as originally adopted,pro mul- 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 in a position when it is designated by an amendment to this 3.The address or other precise location of the real property;
code shall file an initial statement within 30 days after the effective date 4.A statement whether the fair market value of the investment or inter-
of the Amendment. est in real property exceeds one thousand dollars(S1,000),exceeds tees
(P3) Assuming Office Statements. All persons assuming designated thousand dollars ($10,00), or exceeds one hundred thousand dollars
positions after the effective date of this code shall file statements within (&100,000).
Page"4.3 Rgist a 99,No.20',5-14-99
3 BARCLAYS CALIFORNIACODE OF REGULATIONS lWe 2
(13)Personal Income Disclosure.When personal income is required to she vacates office,receive a personal loan from any officer,employee,
be reported,s this statement shall contain: member,or consultant of the state or local government agency in which
1.The name and address of each source of income aggregating two the elected officer holds office or over which the elects officer's agency
hundred fifty deal€ars($250)or more in value,or fifty dollars($50)or has direction and control.
mom in value if the income was a gift,and a general description of the (B)leo public official who is exempt from the state civil service system
business actfvity,if any,of each source. pursuant to subdivisions(c),(d),(e),(f),and(g)of Section 4 of,article
2. A statement whether the aggregate value of income from each x'11 of the Constitution shall,whale 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(S 1,000)or less,greater than one thousand dol- or local government agency in which the public official holds office or
lays($1,000),or greater than ton thousand dollars(S10, ), 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
rived; are solely secretarial,clerical,or manual.
4,1n the case of a gill.,the name,address and business activity of the (C)No elected officer offfi state or local government agency shall,from
dorso."and any intermediary through which the gift was made,a desc ip- the(late of his or her election to office through the date that he or she va-
tion of the gift;the amount or value of the aft,and the date on which the cates 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 case of a loan,the annual interest rate and the security,if any„ has been elected or over which that elected officer's agency has direction
given for the loan and the terse of the loan. and control.This subdivision shall not apply to loans made by barks 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 carol transaction,if the loan is made or the in-
ported,e the statement shall contain: debtedriess 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 officers
of tate 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-
payrnents if the filer's pro rata share of gross receipts from such person tear,pursuant to subdivisions(c),(d),(e),(f),and(g)of Section.4 of Ar-
was equal to or greater tarsi ten thousand dollars($10,000). ticle V11 of the Constitution shall,while he or she holds office,receive
(D) Business position Disclosure. When business positions are re- a personal loan:from any person who has a contract with the state or local
g9uired to be reported,a designated employee shall list the sante 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 subds-
ner, trustee, employee, or m which he or she holds any position of vision shall not apply to loans made by banks or other financial institu-
management,a description of the business activity in which the business tions or to any indebtedness created as part of a retail installment or credii
entity is engaged,and the designated employee's position with the busi- card transaction,if the loan is made or the indebtedness created in the
ness entity. lender's regular course of business on terms available to members of the
(R)Acquisition or Disposal During Reporting Period.In the case of an public without regard to the elected officer's official statins.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.
sad covered by the 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-
(S)Section ll,prohibition on Receipt of Honoraria. didate for elective office.
(A)No member of a state board or commission,and no designated ern- 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-4n-
use from any source,if the member or employee would be required to re- law,nephew,niece,aunt,uncle,or first cousin,or tate spouse of any such
port the receipt of income or gifts front that source on his or leer statement persons,provided that the person making the loan is not acting as art agent
of economic interests.This section shall not apply to any pan-ime mem- or intermediary for any peon not otherwise exempted under this sec-
ier 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 59501 shall hundred fifty dollars($250)at any given time,
apply to the prohibitions in this section. 4.Loans made,or offered in writing,before January 1, 1995.
This section shall not limit or prohibit payments,advances,or reim- (8.3)Section 8.3.Irian Terms.
bursements for travel and related lodging and subsistence authorized by (A)Except as set forth in subdivision(I3),no elected officer of a state
Government Code Section 59506. or local,government agency shall,from the date of his or her election to
(5.1)Section 8.1.Prohibition on Receipt of Gifts in Excess of$3M office through the slate 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($5013)or mom.except when the loan is in writing
ployeae of a state or local government agency,shall accept gifts with a to- and clearly states the tennis of the loan,including the parties to the loan
W value of mom than$300 in a calendar year from any single source,if agreemeit,date of the loan,amount of the loan,term of the loan,date or
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- rents,and the rate of interest paid on the loan.
e sts.This section shall not apply to any part-time member of the govern- (B)This section shal€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 ar.elected official. 2.Loans made 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,parernt-in-law,brother-int-law.
apply to the prohibitions in this section. sister-in--law,nephew,niece,aunt,uncle,or first cousin,or the spouse
(8.2)Section 5.2.Lawns to Public Officials. of any such person,provided that the person making 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.
hige 4"A Ra&wr 99,No.2D,5-14-99
11tle 2, Fair Political Pmeticeas Commission 118730
3.].oasts made,or offered in writing,befog January 1, 1998. (9.5)Section 9.5.Disquaiifacadon of State Officers and Employees.
(C)Nothing in this section shall exempt any person from any other In addition to the general disqualffiication provisions of section 9,no
provision of Title 9 of the Government Code. state administrative official shall snake,participate in making,or use his
(8.4)Section 8.4.Personal Loans. or her official position to influence any governmental decision directly
(A)Except as set forth in subdivision(fi),a personal loan received by relating to any contract 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 whore
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 loam has a defined date ordates for repayment,when the statute family has,within 12 months prior to the time when the official action is
of limitations for filing an action for default has expired. to be taken:
2.If ttie loan has no defined date or dates for repayment,when one year (A)Engaged in a business transaction or transactions on tis not
has elaosesd from the later of the following: available to members of the public,regarding any investment or interest
a.'ra date the loan was made. in real property;or
b.The date the last payment of one hundred dollars($100)or more was (B) Engaged in a business transaction or transactions on terms not
made on the lost, available to members of the public regarding the rendering of goods or
c.The date upon which the debtor has arcade payments on the loan ag- services totaling in value one thousand dollars($1,000)or more.
grega:ing to less than two hundred fifty dollars($250)during the pre-. (10)Section 10.Manner of Disqual fication.
vious 12 months. When a designated employee determines that he or she should not
(B)'I'llis section shall not apply to the following types of loans: make a govemmental decision because he or she has a disqualifying in-
t.A loan made to the campaign committee of an elected officer or a terest in it,the determination not to acct trust be accompanied by disclo-
candidate for elective office. sure of the disqualifying interest.In 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 made part of the agency's official
3.A loan that would otherwise be a gift as set forth under subdivision . record;in the case of 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 made in writing to has 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:he designated
(A),but on which the creditor,based on reasonable business consider- employee's supervisor,
ations,has not undertaken collection action.Except in a criminal action, (11)Section: 11.Assistance of the Commission and Counsel.
a creditor who claims that a loan is not a gift or 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 Cormnis-
was based on reasonable business considerations. sion pursuant to Government Code section 83114 or from the attorney for
5.A€agar.made to a debtor who has filed for barkruptcy and the loan his or her agency,provided that nothing in this section requires the attor-
is ultimately discharged in bankruptcy. ney for the agency to issue any formal or informal opinion.
(C)Northing 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 force and effect of law.Designated employees vio-
(9)Section 9.IDisqualif-t.cation, lating any provision of this code are sub ect to the administrative,crimi-
No designated employee shall intake,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 retaking of Code sections 81004-91015.In addition,a decision in relation to which
any govertmental derision which he or she knows or has reason to know a violation of the disqualification provisions of this code or of Govern-
will have a reasonably foreseeable material firancia:effect,distinguish- ment Code section 87100 or 87450 has occurred may be set aside as void
able from its effect on the public generally,on the official or a member pursuant to Government Code section 91003.
of his or her immediate fancily or on: ®-
(A)Any business entity in which the designated employee has a direct I Desipwzd employees who are required is file statements of economic inter-
or indirect investment worth one thousand dollars($1,000)or more; ests under any otlie.agency's conflict of interest code,or under article 2 for a dif-
ferent jursdicdon,may expand their statement of economic interests to cover re-
(33)Any real property in which the designated employee has a direct portable interests in bath jurisdictions,and file copies of this expanded statement
or indirect interest worth one thousand dollars($2,070)or more; with limns entities in lieu of filing separate and distinct statements,provided than
(C)Any source of income,other than gifts and other than loans by a each copy of such expanded statement filed in place of ars original is signed and
commercial lending institution in the regular course of business on tears verifiedby the designated employee as if it were ars original.See Government
Codede section
ection$�Oo4.
available to the public without regard to official status,aggregating two g See Government Code section$1010 and 2 Cal.Code of€tegs.section 18"15
hundred fifty dollars($250)or mom in value provided to,received by or for the duties of filing of kers and persons in ageneses who make and retair,copies
promised to the designated employee within 12 months prior to the time of statements and forward the originals to the fling officer,
when the decision is made; 3 For the purpose of disclosure?nly(not disqualification),in interest in Me.
(€3)Any business entity its which the designated employee is a direr- property does not include the principal residence of the filet
tor,officer,partner,trustee,employee,or holds any position of manage- 4 Investments and interests in anal property which have a fair market value of
trent;or less than$1,000 are not investments and interests in real property within the mean-
ing
property
(e)Any donor of,or any intermediary or agent for a donor of,a gxa:ft £individua€include osselitical Reform �he'ld by t�individual's or
and dests inpend chill-
or gifts aggregating$300 or more provided to,received by,or promised dren as well as a pro rats share of any investment or interest it real property of any
to the designittrA employee within 12 months prior to the time when the business entity err trust in which the individual.spouse and dependent children
decision is tirade. own,fti the aggregate,a direct,indirect or beneficia€.interestof 1 o percent or great-
(9.3)Section 9.3.Legally Required Participation. SA designated employee's income includes his or her community property in-
Zeo designated employee shall be prevented from making or participat- serest in the income of his or her spouse but does not include salary or raimburse-
ing in the making of any decision to the extent his or her participation is went for expenses received from a state,local or federal government agency.
legally required for the decision to be made.The fact that the vote of a 61ricome of a business entity is reportable if the dirzct,indirect or beneficial in-
designated employee who is on a voting body is needed to break a tie daces terest of the filer and the filer's spouse in the business entity aggregates a 10 per-
not make his or her an dci ation legally wired for purposes of this sec- cant or interest its addition,the disclosure of who are clients or cus-
p p 8 3` 4 p'" torners of a business entity is required only if the clients or customers are within
tions. one of the disclosure categories of the filer,
Page 444.5 actor",Na.W s-t<-s9
DesiMated Positions Disclosure Category
Board Member 1, 2
consultants* 1, 2
The Chair of the County Board of Education 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 inspections.
APPENDIX "B"
1. Desianated Officials,and Employees in Categoz�"1" rust-eport.
All investments, 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. Design. ated Officials andEm2loyees in Category"2°° must Mort:
Investments in any business entity, income from any business entity, and status as a director,
officer,partner, trustee, employee, or balder 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.
E
l�T THE COUNTY BOARD OF EDUCATION
OF
CONTRA COSTA COUNTY, STATE OF CALIFORIN7IA
In the Matter of Resolution of the �
Contra Costa County Board of , Resolution##14-00!01
Education Relative to Amendments
to its Conflict of Interest Code
WHEREAS,pursuant to Government Cade section 873€16 of the Contra
Costa County Board of Education must amend its Conflict of Interest Code when change
is necessitated by changed circumstances or changes in legal requirements for such codes;
WHEREAS, it is necessary to amend the Conflict of Interest Code to
reflect changes in legal requirements for the code and to add consultants to the list of
persons with disclosure obligations under the code;
WHEREAS. the Fair Political Practices Commission has adopted a
regulation which contains the terms of a standard Conflict of Interest Code, and
incorporation of the standard code as it may be amended from time.to time would ensure
that the County Board of Education's Code will contain all required legal provisions;
WHEREAS, pursuant to Government Code section 82011 and 87306,the
Contra.Costa County Board of Supervisors is the cede reviewing body for the County
Board of Education's Code and amendments to the code do not tale effect until approved
by that body;
NOW, THEREFORE, BE IT RESOLVED that Conflict of interest Code
of the Contra Costa County Board of.Education shall be amended to substitute Title 2
California Code of Regulations section 18730 for the body of the Code as shown on the
attached copy of the Code;
BE IT FURTHER RESOLVED that Appendix A shall be amended to
substitute the attached copy of Appendix A as Appendix A to the Code and to include
"consultant"as a position having disclosure obligations pursuant to the Cade;
BE IT FURTHER RESOLVED that Appendix B shall be amended to
substitute the attached copy of Appendix B as Appendix B to the Code;
BE IT FURTHER RESOLVED that staff is directed to forward a espy of
this resolution and the amended code to the code reviewing body, the Contra Costa.
County Board.of Supervisors, for review and approval.
PASSED AND ADOPTED ON this 15" day of November, 2000 at a
regular meeting of the Board by the following vote:
AYES; Mirabella, LeMay, Ruley, Borsuk, and Girard
NOES: None
ABSENT: None
ABSTAIN: None
I certify that the foregoing Resolution was duly introduced,passed and
adopted as stated.
f �
President
/ontra Costa County
oard of Education
Office of the County Counsel Contra Costa County
6.551 Pine Streets 9th Floor Phone: (925)335-1800
Martinez. CA 94553 Fax: (925)546-1473
R
3X+ h
a v
Date: December 11, � %r � �
20G
t
To: Clerk,Board of Supervisors
From: Victor J. WWestman, County Counsel
By: 'eery Ann McNett Mason,Deputy County Counsel ,
Re: Conflict of Interest of Code of the Centra.Costa County Board of Education
In response to your memorandum of November 29, 2000, 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 board order is attached.
MAM/jh
cc: Holly Brownscombe,Director, human . esources,
County Office of Education
attachments
AdOANNA MAMTOECoi. rd