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Home My WebLink AboutMINUTES - 10242000 - C61 TO: Board of Supervisors CONTRA FROM: Victor J. Westman, County Counsel i` COSTA By: Mary Ann McNett Mason, Deputy County Counsel COUNTY DATE: October 12, 2000 SUBJECT: Conflict of Interest Code of the Central Contra Costa Transit Authority SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): Approve amendment to Appendix A to the Central Contra Costa Transit Authority's Conflict of Interest Code to substitute Appendix A as shown in the attached code, and adopted pursuant to the attached resolution of the Authority. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The Central Contra Costa Transit Authority has amended Appendix 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: RECOMMENDATION OF COUNTY ADMINISTRATOR �RECO�NDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON 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 OF SUPERVISORS ON THE DATE SHOWN. ATTESTED: t r ') PHIL BATCHELOR, CLERk OF THE BOARD OF SUPERVISORS Contact: County Counsel AND UN ADMI TRATOR cc: Clerk, Board of Supervisors Central Contra Costa Transit Authority BY ° DEPUTY I:UOANN\MAM\BDORDCOI.CCCTAW PD.wpd CONFLICT OF INTEREST CODE CENTRAL CONTRA COSTA TRANSIT AUTHORITY Adopted on February 19, 1981 pursuant to Resolution No. 81-001 Amended on July 16, 1988 pursuant to Resolution No. 99-043 Amended on September 15, 1994 pursuant to Resolution No. 95-008 Amended on September 19, 1996 pursuant to Resolution No. 97-001 Amended on September 17, 1998 pursuant to Resolution No. 99-02 Amended on September 211 , 2000 pursuant Resolution No. 01-007 812566.1 CONFLICT OF INTEREST CODE FOR THE CENTRAL CONTRA COSTA TRANSIT AUTHORITY (CCCTA) The Political Reform Act of 1974, Government Code Sections 81000, et. seq., requires State and local government agencies to adopt and promulgate Conflict of Interest Codes. Pursuant to Government Code Section 82041,the CCCTA is a local government agency for the purposes of the Political Reform Act. The Pair 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 which can be incorporated by reference, and which may be amended by the Fair Political Practices Commission to conform to amendments by the Fair Political Practices Commission in the Political Reform Act after public notice and hearings. The terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission, along with the attached Appendices A and B, in which officials and employees are designated and disclosure categories are set forth, are hereby incorporated by reference and constitute the Conflict of Interest Code of the Central Contra Costa Transit Authority. Designated employees shall file statements of economic interests. The General Manager shall identify the CCCTA staff person with whom statements shall be filed. Upon receipt of the statements of the CCCTA Board of Directors, the agency shall make and retain a copy and forward the original of these statements to the Contra Costa County Board of Supervisors. Upon receipt of statements from all other designated CCCTA employees, the CCCTA staff person shall retain the original in the CCCTA files. Interpreting this Conflict of Interest Code, the substance and breadth of disclosure is to be consistent with and not to exceed existing law and pertinent regulations. 812566.1 APPENDIX A DESIGNATED EMPLOYEES Designated Employees * Disclosure Cateeory General Manager I Director of Administration 1 Director of Transportation 1 Director of Maintenance 1 Senior Manager of Marketing 1 Senior Transportation Manager 1 Senior Manager, Facilities, Stores, Procurement 1 Manager of Human Resources 1 Manager of Specialized Services l Manager, Technical Services 1 Legal Counsel I Consultants** 1 * In addition to the foregoing list of designated employees, it has been determined that the positions listed below manage public investments. Pursuant to Government Code Section 87200, these positions are required to file a statement of economic interests. Members of the CCCTA Board of Directors Alternate Members of the CCCTA Board of Directors Director of Finance ** With respect to consultants, the General Manager or the CCCTA Board of Directors may determine in writing that a particular consultant is hired to perform a range of duties that are limited in scope and thus not required to comply with the disclosure requirements described in these categories. Such determination shall include a statement of the consultant's duties, and, based upon that description, a statement of the extent of disclosure requirements. The General Manager shall forward a copy of this determination to the Clerk of the Board of Supervisors. Nothing herein excuses any such consultant from any other provision of this Conflict of Interest. 812566.1 APPENDIX B DISCLOSURE CATEGORIES Categry 1 All investments and sources of income. All interests in real property located in whole or in part within or not more than two (2) miles outside of the boundaries of the CCCTA service area. Category 2 Investments in business entities or income from sources which, within the past two (2) years, have contracted with the CCCTA in an area of responsibility lying under the designated employee's control or jurisdiction to provide services, supplies, materials, machinery, or equipment. Interests in real property located in whole or in part within, or not more than two (2) miles outside of, the boundaries of the CCCTA service area. Category 3 Investments in business entities for income from sources which, within the past two (2) years, have contracted with the CCCTA in an area of responsibility lying under the designated employee's control or jurisdiction to provide services, supplies, materials, machinery, or equipment. 812566.1 RESOLUTION NO. 2001-007 BOARD OF DIRECTORS CENTRAL CONTRA COSTA TRANSIT AUTHORITY STATE OF CALIFORNIA ADOPTING AMENDED CONFLICT OF INTEREST CODE WHEREAS, the County of Contra Costa and the Cities of Clayton, Concord, the Town of Danville, Lafayette, Martinez, the Town of Moraga, Orinda, Pleasant Hill, San Ramon and Walnut Creek (hereinafter "Member Jurisdictions") have formed the Central Contra Costa Transit Authority ("CCCTA"), a joint exercise of powers agency created under California Government Code Section 6500 et seq., for the joint exercise of certain powers to provide coordinated and integrated public transportation services within the area of its Member Jurisdictions; and WHEREAS, California Government Code Section 87306.5 requires that the Authority review its Conflict of Interest Code every other year, and revise it if necessary; and WHEREAS, the Attorney and General Manager have reviewed the current Conflict of Interest Code and have determined that the Code should be updated to reflect the addition of designated employee positions as well as changes in the organization and titles of designated employees; and WHEREAS, the Attorney and staff recommend adopting the attached Conflict of Interest Code. NOW, THEREFORE, BE IT RESOLVED by the Central Contra Costa Transit Authority Board of Directors that the revised Conflict of Interest Code hereby is adopted; and BE IT FURTHER RESOLVED that the Board Clerk is directed to transmit a copy of the revised Code to the Board of Supervisors of Contra Costa County. Regularly passed and adopted this 21` day of September, 2000, by the following vote: AYES: Directors Angeli, Boom, Dessayer, Horn, Manning, Waldo, Wheatland and Wolfe NOES: None ABSTENTIONS: None ABSENT: Directors Hof fineister, Sc radar an tlilkem�_ Gregg Weatland, Chair, Board of Directors ATTEST: to J net Madrigal, Clerk the Board 812684.1 Office of the County Counsel Contra Costa County 651 Pine Street, 9th Floor Phone: (925)335-1800 Martinez, CA 94553 Fax: (925)646-1078 RE I Date: October 10, 2000 O C T 1 2000 To: Clerk,Board of Supervisors CLERK BOARD(:),-CUPERViSORS CONTRA(Gj) TS CO. From: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel Re: Conflict of Interest of Code of the Central Contra Costa Transit Authority In response to your memorandum of October 6, 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: Janet Madrigal, Central Contra Costa Transit Authority attachments 1;V 0ANN1MAMkoim=o.wpd