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Home My WebLink AboutMINUTES - 12052000 - C127 TO: Board of Supervisors CONTRA FROM: 'Victor J. Westman, County Counsel COSTA By: Mary Ann McNett Mason,Deputy County Counsel - COUNTY DATE: November 14, 2400 SUBJECT: Conflict of Interest Code of the West Contra Costa Unified School District SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): Approve amendment to Exhibit A to the West Contra Costa Unified School District's Conflict of Interest Code to substitute the attached as Exhibit A to said code, as shown on the attached resolution from the District. BACKOR UND FASOIN(S) FOR RECOM ENDATION(S)I The West Contra Costa Unified School District has amended Exhibit A to its conflict of interest code and submitted the amendment to the Board for approval pursuant to Government Code section 87306 and 87306.5. CONTINUED ON ATTACHMENT: YES SIGNATURE: G✓ RECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON T)pramher 5 200() APPROVED AS RECOMMENDED_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 *District V Seat Vacant OF SUPERVISORS ON THE DATE SHOWN. ATTESTED: December 5, 2000 PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS Contact: County Counsel AND CPUNT ADMI TRATOR cc: Clerk,Board of Supervisors Dr. Gloria L. Johnston, Superintendent, BY , DEPUTY West Contra Costa Unified School District I:\JOANNIMAMCwestusdooibdord.wpd APPENDIX EXHIBIT "A" West Contra Costa Unified School District Conflict of Interest Code Designated Positions and Disclosure Requirements 1 . Persons occupying the following positions are designated employees in Category 1: Superintendent of Schools Assistant Superintendents Regional Superintendents Purchasing Administrators Food Services Administrator Director, Fiscal Services Director, Building and Maintenance Director, Facilities Planning 1 Consultants Designated persons in this category must report: a. Interest in real `property located entirely or partly within district boundaries, or within two miles of district boundaries or of any land owned or used by the district. Such interests include any leasehold, beneficial, or ownership interest or option to acquire such interest in real property. b. Investments or business positions in or income from sources which: (1) Are engaged in the acquisition or disposal of real property within the district; (2) Are contractors or subcontractors which are or have been within the past two years engaged in work or services of the type used by the district, or (3) Manufacture or sell supplies, books, machinery or equipment of the type used by this district. Consultants are designed employees who must disclose financial interests as determined on a case-by-case basis by the superintendent or designee. The superintendent or designee's written determination shall include a description of the consultant's duties and a statement of the extent of disclosure requirements based upon that description. All such determinations are public records and shall be retained for public inspection along with this conflict of interest code. Appendix Exhibit A (continued) 2 . Persons occupying the following positions are designated employees in Category 2 : All Other Directors Administrator, Maintenance and Operations Principal, Adult Continuing Education Designated persons in this category must report investments or business positions in or income from sources which: a. Are contractors or subcontractors engaged in work or services of the type used by the department which the designated person manages or directs, or b. Manufacture or sell supplies, books, machinery, or equipment of the type used by the department which the designated person manages or directs. Note: 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 et seq. : Members of the Board of Education E 9270 CONFLICT OF INTEREST CODE FOR THE WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT The Political Reform Act, Government Code section 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, 2 California Code of Regulations section 18730, which contains the terms of a standard conflict of interest code. It can be incorporated by reference and may be amended by the Fair Political Practices Commission after public notice and hearings to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations section 18730 (copy attached) and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and, along with the attached Appendix in which members and employees are designated and disclosure categories are set forth, constitute the conflict of interest code of the West Contra Costa Unified School District . Designated employees shall file statements of economic interests with the agency who will make the statements available for public inspection and reproduction. (Gov. Code §81008 . ) Upon receipt of the statement of the Superintendent, the agency shall make and retain a copy and forward the original of this statement to the Clerk of the Board of Supervisors, Contra Costa County. Statements for all other designated employees will be retained by the agency. BOARD OF EDUCATION WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT RESOLUTION NO. 40-0001 RESOLUTION OF THE BOARD OF EDUCATION AMENDING THE CONFLICT OF INTEREST CODE TO UPDATE THE LIST OF DESIGNATED EMPLOYEES October 4, 2000 WHEREAS, the West Contra Costa Unified School District is required to review its Conflict of Interest Code in even years; WHEREAS, the West Contra Costa Unified School District has adopted by reference a standard model Conflict of Interest Code set forth at 2 California Code of Regulations section 18730; WHEREAS, staff has recommended that due to changes in personnel, amendment of the list of designated employees found in Appendix Exhibit "K' is needed; WHEREAS, the Board has reviewed its current Conflict of Interest Code and the proposed changes to the list of designated employees; WHEREAS, an amendment to the Conflict of Interest Code must be submitted to the Board of Supervisors, Contra Costa County which is the code reviewing body; WHEREAS, the Board of Education is required to report the results of its review to the Contra Costa County Board of Supervisors; NOW, THEREFORE, BE IT RESOLVED, by the Board of Education as follows: A. The Conflict of Interest Code is amended to change the list of designated employees by substituting a new Appendix Exhibit "A." A copy of the Conflict of Interest Code including a new Appendix Exhibit "Al' to that Conflict of Interest Code is attached hereto. B. A copy of this resolution shall be forwarded to the Clerk of the Board of Supervisors of Contra Costa County for review and approval by the Board of Supervisors. I hereby certify that the foregoing resolution of the Board of Education was duly passed and adopted at a regular meeting held on October 4, 2000 by the following vote: AYES: 5 NOES: 0 ABSENT: 0 en Price, President '--*oria L hiffston, Secretary Office of the County Counsel Contra Costa County 651 Pine Street, 9th Floor Phone: (925)335-1800 Martinez, CA 94553 Fax: (925)646-1078 RECEIVED - Date: November 14, 2000 NOV 1 5 2000 To: Clerk, Board of Supervisors CL'.3K FOARU OF SUPERMS-O S CC:At s RA COSTA co. From: Victor J. Westman, County Counsel By: Mary Ann McNett Mason,Deputy County Counsel . Re: Conflict of Interest of Code for the West Contra Costa Unified School District In response to your memorandum of October 24,2000, attached hereto are amendments to the Conflict of Interest Code for the above-named entity. The amendments are approved as to form. Tease place this matter on the Board of Supervisors' agenda as requested by the entity. A draft board order is attached. MAM/jh cc: Dr. Gloria L. Johnston, Superintendent, West Contra Costa Unified School District attachments F:V 0ANN\MAMiw¢stcWmemo.wpd