HomeMy WebLinkAboutMINUTES - 10242000 - C60 TO: Board of Supervisors
{ CONTRA
FROM: Victor J. Westman, County Counsel (;(TSTA
By: Mary Ann McNett Mason,Deputy County Counsel COUNTY
DATE: October 10, 2044
SUBJECT: Amendment to Conflict of Interest Code of the Delta Diablo Sanitation District
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&.BACKGROUND AND JUSTIFICATION
RECOMMENDAIIONM
Approve amendment to sections 310,400 and 800 and Exhibit A to the Conflict of Interest Code of the
Delta Diablo Sanitation District as shown on the attached resolution from the District.
The Delta Diablo Sanitation District has amended sections 300,400 and 800 and Exhibit A to its
conflict of interest code and submitted the amendment to the Board for approval pursuant to Government Code
section 87346 and 87306.5,
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON _APPROVED AS RECOMMENDED ve""' 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
SHOWN.
ATTESTED;
PHIL BATCHELOR, CLERK dF
THE BOARD OF SUPERVISORS
Contact: County Counsel AND CUN ADTRATOR
cc: Clerk, Board of Supervisors
Delta Diablo Sanitation District BY .-,:U—, DEPUTY
I ACLER\ddBD0RDC01.W PD
BEFORE THE BOARD OF DIRECTORS
OF
DELTA DIABLO SANITATION DISTRICT
Re: Resolution Approving Amendments to }
the District's Conflict of Interest Code } RESOLUTION NO. 6/00
THE BOARD OF DIRECTORS OF DELTA DIABLO SANITATION DISTRICT HAS
DETERMINED THAT:
WHEREAS,pursuant to the Political Reform Act which governs Conflict of Interest
Codes, the District's Conflict if Interest Code is required to be in compliance with current law.
NOW, THEREFORE, the Board of Directors of Delta Diablo Sanitation District DOES
HEREBY RESOLVE AND ORDER as follows:
1. To bring the District's Conflict of Interest Code into compliance with current law,
approves the proposed amendments to Sections 300, 400 and 8001, and to Exhibit A of the
Conflict of Interest Code, as attached hereto; and
2. Directs staff to transmit this Code forthwith to the Contra Costa County Clerk of the
Board of Supervisors for review and approval.
PASSED AND ADOPTED on July 12, 2000,by the following vote:
AYES: DAVIS, GLOVER ABSENT: CANCIAMILLA
NOES: NONE ABSTAIN: NONE
I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution
adopted by the Board of Directors of Delta Diablo Sanitation District on July 12, 2000,
ATTEST: Joseph E. Canciamilla
Board Secretary
%f
cc: District Counsel
District Conflict of Interest file
Attachment: Conflict of Interest Code
I
RESOLUTION NO, 6/00
CONFLICT OF INTEREST CODE
DELTA DIABLO SANITATION DISTRICT
SECTION 100. Purpose. Pursuant to the provisions of Government Code Sections 87300,
et seq., the Delta Diablo Sanitation District hereby adopts the following Conflict of Interest Code.
Nothing contained herein is intended to modify or abridge the provisions of the Political Reform
Act of 1974. The provisions of this Code are additional to Government Code Section 87100 and
other laws pertaining to conflicts of interest. Except as otherwise indicated, the definitions of said
Act and regulations adopted pursuant thereto are incorporated herein, and this Code shall be
interpreted in a manner consistent therewith.
SECTION 200. Designated Positions. The positions listed on Exhibit "A" are designated
positions. Officers and employees holding those positions are designated employees and are
deemed to make, or participate in the making of, decisions which may foreseeably have a material
effect on a financial interest.
SECTION 300. Disclosure Statement.
(a) This Code does not establish any disclosure obligation for those designated employees
who are also specified in Government Code Section 87200 if they are designated in this Code in
that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly
included within the jurisdiction in which those persons must report their financial interests pursuant
to Article 2 of Chapter 7 of the Political Reform Act, Government Code Sections 87200, et seq.
Such persons are covered by this Code for disqualification purposes only.
(b) Designated positions shall be assigned to one or more of the disclosure categories set
forth in Exhibit "B." With the exception of those designated employees who are exempt pursuant to
subsection (a), each designated employee shall file an annual statement disclosing that employee's
interest in investments, real property, business positions, and income, designated as reportable
under the category to which the employee's position is assigned.
(c) All other provisions of this Code notwithstanding, the following provisions hereafter
apply:
(1) No designated employee shall accept any honorarium. Subdivisions (a), (b), and
(c) of Government Code section 89502 shall apply to the prohibitions in this section.
This section shall not limit or prohibit payments, advances, or reimbursements for
travel and related lodging and subsistence authorized by Government Code section
89506.
(2) No designated employee shall accept any gifts with a total value of more than
three hundred dollars ($300.00) in a calendar year from any single source.
Subdivision (f) of Government Code section 89503 shall apply to this section.
SECTION 400. Place and Time of Filing.
(a) All designated employees required to submit a statement of financial interests shall file
the original with the District's Secretary to the Board of Directors.
(b) In the case of the General Manager and the members of the Board of Directors, the
Assistant Secretary to the Board of Directors, or the designee of the General Manager, shall make
and retain a copy of the statement of financial interest and forward the original to the Clerk of the
Board of Supervisors.
- 1 - July 2000
(c) All designated employees employed by the agency on the effective date of this Code, as
originally adopted, promulgated and approved by the code reviewing body, shall file statements
within thirty days after the effective date of this Code. Thereafter, each person already in a position
when it is designated by an amendment to this Code shall file an initial statement within thirty days
after the effective date of the amendment. Employees appointed, promoted, or transferred to
designated positions shall file initial statements within thirty days after date of appointment,
promotion, or transfer.
(d) Annual statements shall be filed no later than April I"by all designated employees.
Such statements shall cover the period of the preceding calendar year. Closing statements shall be
filed within thirty days of leaving a designated position. Such statements shall cover the period
from the closing date of the last statement filed to the date of leaving the position.
(e) A designated employee required to file a statement of financial interest under any other
agency's conflict of interest code, or under Article 2 of Chapter 7 of the Political Reform Act for a
jurisdiction contained within the territorial jurisdiction of the agency, may comply with the
provisions of this Code by filing a duplicate copy of that statement (provided that the duplicate
statement shall be signed and verified as if it were an original) and an expanded statement which
covers reportable interests in that portion of this agency's jurisdiction which differs from the
jurisdiction described in the other statement.
SECTION 500. Contents of Disclosure Statements. Disclosure statements shall be made on
forms supplied by the County Clerk and shall contain the following information:
(a) Contents of Investment and Real Property Reports:
When an investment, or an interest in real property, is required to be reported, the statement
shall contain:
(1) A statement of the nature of the investments or interest;
(2) The name of the business entity in which each investment is held, and a general
description of the business activity in which the business entity is engaged;
(3) The address or other precise location of the real property;
(4) A statement whether the fair market value of the investment or interest in real
property equals or exceeds One Thousand Dollars ($1,000.00) but does not exceed Ten
Thousand Dollars ($10,000.00), whether it exceeds Ten Thousand Dollars ($10,000.00)but
does not exceed One Hundred Thousand Dollars ($100,000.00), or whether it exceeds One
Hundred Thousand Dollars ($100,000.00). This information need not be provided with
respect to an interest in real property which the filer utilizes exclusively as the personal
residence of the filer.
(b) Contents of Personal Income Reports:
When personal income is required to be reported, the statement shall contain:
(1) The name and address of each source of income aggregating Two Hundred and
Fifty Dollars ($250.00) or more in value, or Fifty Dollars ($50.00) or more in value if the
income was a gift, and a general description of the business activity, if any, of each source.
In the case of a gift received through an intermediary, the name, address, and business
activity of both the donor and of the any intermediary through whom the gift was made must
be disclosed.
(2) A statement whether the aggregate value of income from each source, or in the
case of a loan, the highest amount owed to each source, was at least Two Hundred Fifty
Dollars ($250.00)but did not exceed One Thousand Dollars ($1,000.00), whether it was in
excess of One Thousand Dollars ($1,000.00) but was not greater than Ten Thousand Dollars
($10,000.00), or whether it was greater than Ten Thousand Dollars ($10,000.00);
- 2 - July 2000
(3) A description of the consideration, if any, for which the income was received,
(4) In the case of a gift, a description of the gift, the amount or value, and the date
on which the gift was received.
(5) In the case of a loan, the annual interest rate and the security if any, given for the
loan.
(c) Contents of Business Entity Income Reports:
When income of a business entity, including income of a sole proprietorship, is required to
be reported, the statement shall contain:
(1) The name, address and a general description of the business activity of the
business entity;
(2) The name of every person from whom the business entity received payments if
the filer's prorata share of gross receipts from such person was equal to or greater than Ten
Thousand Dollars ($10,000.00) during a calendar year.
(d) Contents of Business Positions Reports:
When business positions are required to be reported, a designated employee shall list the
name of each business entity in which he or she is a director, officer, partner, trustee, employee, or
in which he or she holds any position of management, a description of the business activity in which
the business entity is engaged, and the designated employee's position with the business entity.
(e) Initial Statement:
The initial statement filed by a designated employee employed on the effective date of this
Code shall disclose investments, business positions and interests in real property held on the
effective date of this Code and income received during the 12 months before the effective date of
the Code. Thereafter, the initial statement filed by an employee appointed to a designated position
shall disclose any reportable investments, business positions, and interests in real property held on,
and income received during the 12 months before the date of appointment.
(f) Acquisition or Disposal During Reporting Period:
In the case of a statement filed under Section 400 (d), if the investment, or interest in real
property, was partially or wholly acquired or disposed of during the period covered by the
statement, the date of acquisition or disposal.
SECTION 600. Disqualification. A designated employee must disqualify himself or herself
from making or participating in the making of any decision or using his or her official position to
influence the making of any decision in which he or she has a reportable financial interest when it is
reasonably foreseeable that such interest may be materially affected by the decision. No designated
employee shall be required to disqualify himself or herself with respect to any matter of which
could not be legally acted upon or decided without his or her participation.
SECTION 700. Honorarium. No designated employee shall accept any honorarium from
any source if the employee would be required to report the receipt of income or gifts from that
source on his or her statement of economic interests. Subdivisions (a), (b), and(c) of Government
Code section 89502 shall apply to the prohibitions in this section. This section shall not limit or
prohibit payments, advances or reimbursements for travel and related lodging and subsistence
authorized by Government Code section 89506.
SECTION 800. Gifts. No designated employee shall accept any gifts with a total value of
more than three hundred dollars ($300.00) in a calendar year from any single source, if the
employee would be required to report receipt of a gift from that source on his or her statement of
economic interests. Subdivision (f) of Government Code section 89503 shall apply to this section.
- 3 - July 2000
CONFLICT OF INTEREST CODE
EXHIBIT "A"
DESIGNATED POSITIONS DISCLOSURE CATEGORY
Members of the Board of Directors* 1 & 2
District Counsel 1 &2
General Manager/District Engineer 1 & 2
Assistant to the General Manager 1 & 2
Technical Services:
Technical Services Manager 1 & 2
Senior Engineer 1 & 2
Planning & Development Engineer 1 & 2
Associate Engineer 1 & 2
Industrial Monitoring Inspector I &II 1 & 2
Construction Supervisor 1 &2
Construction Inspector 1 & 2
Administrative Services:
Administrative Services Manager 1 &2
Finance Supervisor 1 &2
MIS Coordinator 1 & 2
Personnel and Information Officer 1 &2
Field Services:
Field Services Manager 1 &2
Laboratory Director 1 & 2
Plant Manager 1 & 2
Maintenance Manager 1 &2
Inventory Control Specialist 1 &2
Consultants**
*The members of the Board of Directors may include:
Chair of the Board of Supervisors, and the designated alternate
Mayor of the City of Antioch, and the designated alternate
Mayor of the City of Pittsburg, and the designated alternate
**Consultants shall be included in the list of designated employees and shall disclose pursuant to
the broadest disclosure category in the code subject to the following limitation:
The General Manager/District Engineer may determine in writing that a particular consultant,
although a "designated position", is hired to perform a range of duties that is limited in scope and
thus is not required to fully comply with the disclosure requirements described in this section.
Such written determination shall include a description of the consultant's duties and,based upon
that description, a statement of the extent of disclosure requirements. The General
Manager/District Engineer's determination is a public record and shall be retained for public
inspection in the same manner and location as this conflict of interest code.
- 4 - July 2000
CONFLICT OF INTEREST CODE
EXHIBIT "B"
Disclosure Categories:
An investment, interest in real property, or income is reportable if the business entity in
which the investment is held, the interest in real property, or the income or source of income may
foreseeably be affected materially by any decision made or participated in by the designated
employee by virtue of the employee's position.
Designated Employees in Group 1 must resort:
All investments, interests in real property and income, and any business entity in which
the person is a director, officer,partner, trustee, employee, or holds any position of management.
Financial interests are reportable only if located within the District or if the business entity is
doing business or planning to do business in the District(and such plans are known by the
designated employee) or has done business within the District at any time during the two year
period prior to the filing of the statement.
Designated Employees in Group "2" must report:
Investments in any business entity, income from any source and status as a director,
officer,partner, trustee, employee, or holder of a position of management in any business entity,
which, within the last two years has contracted, or in the future foreseeably may contract with the
District to provide services, supplies, materials, machinery or equipment.
Designated Ern llooyees in Group "3" must report:
Investments in any business entity, income from any source and status as a director,
officer,partner, trustee, employee, or holder of a position of management in any business entity
which,within the last two years, had contracted or in the future foreseeably may contract with
Delta Diablo Sanitation District to provide services, supplies, materials, machinery or equipment
which are related to one of the following areas:
(A) District Buildings -Maintenance
(B) District Buildings - Construction
(C) District Grounds -Maintenance
(D) Sewer Facility Maintenance
(E) Sewer Facility Construction
(F) Sanitation& Water Supply
(G) Office Supplies &Equipment
(H) Motor Vehicles
(I) Motor Vehicle Parts
(J) Petroleum Products
(K) Landscaping
(L) Telephone Equipment
- 5 - July 2000
Office of the County Counsel Contra Costa County
651 Pine Street, 9th Floor Phone: (925)335-1800
Martinez, CA 94553 Fax: (925)646-1078
Date: October 10,2000 REC IV
rO
To: Clerk, Board of Supervisors OCT 1 � 20010
CLERK BOARD OF ZUPERVICORS
From: Victor J. Westman, County Counsel CONTRA COST c .
By: Mary Ann McNett Mason,Deputy County Counsel 3 77
- -
Re: Conflict of Interest of Code of the Delta Diablo Sanitation District
In response to your memorandum of September 28, 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: Denise Demo Egbert,Delta Diablo Sanitation District
attachments
1 AJ0ANINMAMIddcoimemo.wpd