HomeMy WebLinkAboutMINUTES - 10242000 - C63 r
TO: Board of Supervisors
CONTRA
FROM: Victor J. Westman, County Counsel COSTA
By: Mary Ann McNett Mason,Deputy County Counsel COUNTY
DATE: October 9, 2000
SUBJECT: Conflict of Interest Code of the Contra Costa County Fire Protection District
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUS'T'IFICATION
RE COMMENDATIONft
Approve amendment to section 8.1 and Exhibit A to the Contra Costa County Fire Protection District's
Conflict of Interest Code as requested in the attached memorandum from the District.
BACKGROUND/REASON(S) FOR RF'COMMF+'NDATION(S):
The Contra Costa County Fire Protection District has amended section 8.1 and 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:
RECOMMENDATION OF COUNTY ADMINISTRATOR—RECOMMENDATION 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:
PHIL BATCHELOR, CLERK-6k
THE BOARD OF SUPERVISORS
Contact: County Counsel AND C LINTY MIN TOR
cc: Cleric, Board of Supervisors
Contra Costa County Fire Protection District BY ,DEPUTY
I:ICLERIBDORDCOI.W PD
CONFLICT OF INTEREST CODE
OF THE
CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT
OF
CONTRA COSTA COUNTY
Preamble
Pursuant to the provisions of Government Code Section 87306, the Contra Costa County Fire
Protection District of Contra Costa.County hereby amends its Conflict of Interest Code by
adopting by reference the terms of Regulation 18730 of the Fair Political Practices Commission,
along with the designation of employees in Appendix"A"' and the formulation of disclosure
categories in Appendix `B", as the District's Conflict of Interest Code which follows. This Code
requires the reporting of reportable items in a manner substantially equivalent to the requirements
of Article 2 of Chapter 7 of the Political Reform Act(Government Code Sections 81000, et seq.).
The provisions of this Code are in addition to other requirements of the Political Reform Act,
such as the general prohibition against conflicts of interest contained in Government Code Section
87100, and to other state or local laws pertaining to conflicts of interest.
(1) Section 1. Definitions. The definitions contained in the Political Reform Act of
1974, regulations of the Fair Political Practices Commission(2 Cal. Code of Regs. Sections
18100, et seq.), and any amendments to the Act or regulations, are incorporated by reference into
this conflict of interest code.
(2) Section 2. Designated Emnlovees The persons holding positions listed in the
Appendix are designated employees. It has been determined that these persons make or
participate in the making of decisions which may foreseeably have a material effect on financial
interests.
(3) Section 3. Disclosure Categories. 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
1
18730
Y
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.
In addition, this code does not establish any disclosure obligation for any designated
employees who are designated in a conflict of interest code for another agency, if all of the
following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly included
within the jurisdiction of the other agency;
(B) The disclosure assigned in the code of the other agency is the same as that required
under Article 2 of Chapter 7 of the Political Reform Act, Government Code Section 87200; and
(C) The filing officer is the same for both agencies.'
Such persons are covered by this code for disqualification purposes only. With respect to
all other designated employees, the disclosure categories set forth in the Appendix specify which
kinds of financial interests are reportable. Such a designated employee shall disclose in his or
her statement of economic interests those financial interests he or she has which are of the kind
described in the disclosure categories to which he or she is assigned in the Appendix. It has been
determined that the financial interests set forth in a designated employee's disclosure categories
are the kinds of financial interests which he or she foreseeably can affect materially through the
conduct of his or her office.
(4) Section 4. Statements of Economic Interests; Place of Filing. The code reviewing
body shall instruct all designated employees within its code to file statements of economic
interests with the agency or with the code reviewing body, as provided by the code reviewing
Designated employees who are required to file statements of economic interests under any other
agency's conflict of interest code,or under Article 2 for a different jurisdiction,may expand their statement of
economic interests to cover reportable interests in both jurisdictions,and file copies of this expanded statement with
both entities in lieu of filing separate and distinct statements,provided that each copy of such expanded statement
filed in place of an original is signed and verified by the designated employee as if it were an original. See
Government Code Section 81004.
2 18730
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body in the agency's conflict of interest code.'
(5) Section S. Statements of Economic Interests: Time of Filing.
(A) Initial Statements. 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 30 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 30 days after the effective date of the amendment.
(B) Assuming Office Statements. All persons assuming designated positions after the
effective date of this code shall file statements within 30 days after assuming the designated
positions, or if subject to State Senate confirmation,30 days after being nominated or appointed.
(C) Annual Statements. All designated employees shall file statements no later than
April 1.
(D) Leaving Office Statements. All persons who leave designated positions shall file
statements within 30 days after leaving office.
(5.5) Section 5.5. Statements for Persons Who Resign.prior to Assuming Office. Any
person who resigns within 12 months of initial appointment,or within 30 days of the date of
notice provided by the filing officer to file an assuming office statement, is not deemed to have
assumed office or left office,provided he or she did not make or participate in the making of, or
use his or her position to influence any decision and did not receive or become entitled to receive
any form ofpayment.as a result of his or her appointment. Such persons shall not file either an
assuming or leaving office statement.
(A) Any person who resigns a position within 30 days of the date of a notice from the
filing officer shall do both of the following:
(1) File a written resignation with the appointing power; and
(2) File a written statement with the filing officer declaring under penalty ofpeijury that
2 See Government Code.Section 81010 and 2 Gal.Code of Regs.Section 18115 for the duties of filing
officers and persons in agencies who make and retain copies of statements and forward the originals to the fling,
officer.
3 18730
during the period between appointment and resignation he or she did not make, participate in the
making, or use the position to influence any decision of the agency or receive, or become entitled
to receive, any form of payment by virtue of being appointed to the position.
(6) Section 6. Contents of and Period Covered by Statements of Economic interests.
(A) Contents,of initial Statements. Initial statements shall disclose any reportable
investments, interests in real property and business positions held on the effective date of the
code and income received during the 12 months prior to the effective date of the code.
(B) Contents of Assuming Office Statements. Assuming office statements shall disclose
any reportable investments,interests in real property and business positions held on the date of
assuming office or, if subject to State Senate confirmation or appointment, on the date of
nomination,and income received during the 12 months prior to the date of assuming office or the
date of being appointed or nominated, respectively.
(C) Contents of Annual Statements. Annual statements shall disclose any reportable
investments, interests in real property,income and business positions held or received during the
previous calendar year provided,however,that the period covered by an employee's first annual
statement shall begin on the effective date of the code or the date of assuming office whichever is
later.
(D) Contents of Leaving Office Statements. Leaving office statements shall disclose
reportable investments, interests in real property, income and business positions held orteceived
during the period between the closing date of the last statement filed and the date of leaving
office.
(7) Section 7. Manner of Reporting. Statements of economic interests shall be made on
forms prescribed by the Fair Political Practices Commission and supplied by the agency, and
shall contain the following information:
(A) Investments and Real Property Disclosure. When an investment or an interest in real
4 18730
property' is required to be reported,`the statement shall contain the following:
1. A statement of the nature of the investment 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
exceeds one thousand,dollars($1,000), exceeds ten thousand dollars($10,000),or exceeds one
hundred thousand dollars($100,000).
(B) Personal Income Disclosure. 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 fifty dollars
($250)or more in value or fifty dollars($50)or more in value if the income was a gift, and a
general description of the business activity, if any, of each source;
2. A statement whether the aggregate value of income from each source,or in the case of
a lean, the highest amount owed to each source,was one thousand dollars ($1,000) or less,
greater than one thousand dollars($1,000), or greater than ten thousand dollars($10,000);
3. A description of the consideration, if any, for which the income was received;
4. In the case of a gift,the name, address and business activity of the donor and any
intermediary through which the gift was made; a description of the gift;the amount or value of
the gift; and the date on which the gift was received;
3 For the purpose of disclosure only(not disqualification),an interest in real property does not include the
principal residence of the filer.
Investments and interests in real property which have a fair market value of less than S 1,000 are not
investments and interests in real property within the meaning of the Political Reform Act. However,investments or
interests in real property of an individual include those held by the individual's spouse and dependent children as
well as a pro rata share of any investment or interest in real property of any business entity or trust in which the
individual,spouse and dependent children own,in the aggregate,a direct,indirect or beneficial interest of 10
percent or greater.
$ A designated employee's income includes his or her community property interest in the income of his or
her spouse but does not include salary or reimbursement for expenses received from a state,local or federal
government agency.
5 '18730
5. In the case of a loan, the annual interest rate and the security, if any, given for the loan.
(C) Business Entity Income Disclosure. 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 pro rata share of gross receipts from such person was equal to or greater than ten thousand
dollars ($10,000).
(D) Business Position Disclosure. When business positions are required to be reported, a
designated employee shall list the name and address of each business entity in which lte 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) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving
office statement, if an investment or an interest in real property was partially or wholly acquired
or disposed of during the period covered by the statement, the statement shall contain the date of
acquisition or disposal.
(8) Section 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of a state or
local government agency, shall accept any honorarium from any source, if the member or
employee would be required to report the receipt of income or gifts from that source on his or her
statement of economic interests. This section shall not apply to any part-time member of the
governing board of any public institution of higher education, unless the member is also an
elected official.
6 Income of a business entity is reportable if the direct,indirect or beneficial interest of the filer and the
filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition,the disclosure of persons
who are clients or customers of a business entity is required only if the clients or customers are within one of the
disclosure categories of the filer.
6 18730
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Subdivisions(a), (b), and(c)of Government Code Section 89501 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.
(8.1) Section S.1 Prohibition on Receipt of Gifts in Excess of $300.
(A) No member of a state board or commission,and no designated employee of a state
or local government agency,shall accept gifts with a total value of more than$300 :in a calendar
year from any single source, if the member or employee would be required to report the receipt
of*income or gifts from that source on his or her statement of economic interests. This section
shall not apply to any part-time member of the governing board of any public institution of
higher education,unless the member is also an elected official.
Subdivisions(e),(f), and(g)of Government Code Section 89503 shall apply to the
prohibitions in this section.
(9) Section 9. Disqualification. No designated employee shall make,participate in
making,or in any way attempt to use his or her official position to influence the making of any
governmental decision which he or she knows or has reason to know will have a reasonably
foreseeable material financial effect,distinguishable from its effect on the public generally, on
the official or a member of his or her immediate family or on:
(A) Any business entity in which the designated employee has a direct or indirect
investment worth one thousand dollars(S 1,000)or more;
(B) Any real property in which the designated employee has a direct or indirect interest
worth one thousand dollars ($1,000)or more;
(C) Any source of income, other than gifts and other than loans by a commercial lending
institution in the regular course of business on terms available to the public without regard to
official status,aggregating two hundred fifty dollars($250)or more in value provided to,
received by or promised to the designated employee within 12 months prior to the time when the
decision is made;
(D) ,Any business entity in which the designated employee is a director,officer,partner,
7 '18730
trustee, employee,or holds any position of management;or
(E) Any donor of, or any intermediary or agent for a donor of,a gift or gifts aggregating
$290 or more provided to;received by,or promised to the designated employee within 12
months prior to the time when the decision is made.
(9.3) Section.9.3. Legally Required Participation. No designated employee shall be
prevented from making or participating in the making of any decision to the extent his or her
participation is legally required for the decision to be made. The fact that the vote of a
designated employee who is on a voting body is needed to break a tie does not make his or her
participation legally required for purposes of this section.
(9.5) Section 9.5. Disqualification of State Officers and Employees. In addition to the
general disqualification provisions of Section 9, no state administrative official shall make,
participate in making,or use his or her official position to influence any governmental decision
directly relating to any contract where the state administrative official knows or has reason to
know that any party to the contract is a person with whom the state administrative official, or any
member of his or her immediate family has,within 12 months prior to the time when the official
action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to members
of the public, regarding any investment or interest in real property; or
(B) Engaged in a business transaction or transactions on terms not available to members
of the public regarding the rendering of goods or services totaling in value one thousand dollars
(S 1,000) or more.
(10)Section 10. Manner of Disqualification. When a designated employee determines
that he or she should not make a governmental decision because he or she has a disqualifying
interest in it,the determination not to act must be accompanied by disclosure of the disqualifying
interest. In the case of a voting body, this determination and disclosure shall be made part of the
agency's official record; in the case of a designated employee who is the head of an agency, this
determination and disclosure shall be made in writing to his or her appointing authority; and in
the case of other designated employees, this determination and disclosure shall be made in
8 18730
writing to the designated employee's supervisor.
(11) Section 11. Assistance of the Commission and Counsel. Any designated employee
who is unsure of his or her duties under this code may request assistance from the Fair Political
Practices Commission pursuant to Government Code Section 83114 or from the attorney for his
or her agency,provided that nothing in this section requires the attorney for the agency to issue
any formal or informal opinion.
(12) Section 12. Violations. This code has the force and effect of law. Designated
employees violating any provision of this code are subject to the administrative,criminal and
civil sanctions provided in the Political Reform Act,Government Code Sections 81000-91015.
In addition, a decision in relation to which a violation of the disqualification provisions of this
code or of Government Code
Section 87100 or 87450 has occurred may be set aside as void pursuant to Government Code
Section 91003.
?Mote: AUTHORITY: Section 83112, Gov. Code
REFERENCE: Sections 87103(e), 87300-87302, 89501, 89502, 89503, Gov. Code
Histo�c
(1) New section filed 4-2-80 as an emergency, effective upon filing. Certificate of
Compliance included.
(2) Editorial correction.
(3) Amendment of subsectionfiled 1-9.81;effective thirtieth day thereafter.
(4) Amendment crfsubsectIon
�7��(B)I. filed 1-26-83;effective thirtieth day thereafter.
5) Amendment ofsubsection 7 (A) filed 11-10-83; effective thirtieth day thereafter.
Amendment filed 4-13-87;a curve thirtiethdayy thereafter.
(7) Amendment of subsection(b)filed 10-21-88; effective thirtieth day thereafter.
(8) Amendment filed 8-28-90; effective thirtieth day thereafter.
(9) Amendment filed 8-7-92; effective thirtieth day thereafter.
(10) Amendment filed 2-5-93; effective upon filing.
(11) Amendment filed 3-14-95; effective upon filing.
(12) Amendment filed 10-23-96; effective upon filing.
(13) Amendment filed 4-9-97; effective upon filing,
9 18730
APPENDIX "A"
Designation of Emuloyees Disclosure Category
Member of Board of Fire Commissioners 1 &2
Fire Chief, Chief Administrator 1 & 2
Safety Program Functional Supervisor 3 (G)
Assistant Chief, Support Services 1 & 2
Apparatus Shop Manager 3 (P)
Chief Fire Inspector, Fire Prevention Services 1 & 2
Supervising Fire Inspector, Code Enforcement 3 (B) (G) (Q) (U) (Y)
Supervising Fire Inspector, Investigations 3 (G)
Supervising Fire Inspector, Plan Review/Water Supply 3 (B) (G) (U) (Y)
Field Area Inspectors 3 (B) (G)
Pian Review/Water Supply Inspectors 3 (B) (G) (U) (Y)
Fire Services Technician 3 (G) (Q) (Z)
Fire Plans Examiner 3 (B) (G) (U) (Y)
Fire Prevention Specialists 3 (G) (T) (Z)
Electrical Program Functional Supervisor 3 (C)
HVAC Program Functional Supervisor 3 (C)
Information Systems Programmer/Analyst IV 3 (C) (L) (Q) (W)
Inventory Program Functional Supervisor 3 (Q) (W)
Storekeeper(Supply Program Functional Supervisor) 3 (G) (W)
Telecommunications Manager 3 (E)
Telecommunications Specialist 3 (E)
Wood Shop Functional Supervisor 3 (C)
Assistant Chief, Fire Suppression & Rescue Services 1 & 2
Battalion Chiefs 1 & 2
Chief, Fire Emergency Medical Services 1 & 2
Captains 2
Canvas Shop Functional Supervisor 3 (D)
Files/Records Functional Supervisor 3 (F) (Q)
Fire Trails Functional Supervisor 3 (C) (P) (W)
Hazardous Materials Functional Supervisor 3 (G) (H)
Hose Program Functional Supervisor 3 (J)
Hydrant Program Functional Supervisor 3 (C) (G) (W) (Y)
Ladder Program Functional Supervisor 3 (G) (M)
Mapping Program Functional Supervisor 3 (N)
Nozzle Program Functional Supervisor 3 (G) (J)
Physical Fitness Program Functional Supervisor 3 (S)
Reserve Firefighter Program Functional Supervisor 3 (G) (Q) (W)
Respiratory Program Functional Supervisor 3 (A) (G)
Target Information Program Functional Supervisor 3 (F) (Q)
Technical Rescue Functional Supervisor 3 (G) (1)
Fire Training Supervisor 1 & 2
Video Program Functional Supervisor 3 (Q) (R)
Chief of Administrative Services, Budget/Personnel 1 & 2
Personnel Officer 1 & 2
Fiscal Specialist 3 (Q)
Office Manager 3 (Q)
Members of Advisory Committees
Affirmative Action Committee 3 (Q)
Safety Committee 3 (G)
Type I Engine Group 3 (P)
Type III Engine Group 3 (P)
Truck/Quint Group 3 (P)
U:M HCr\CONFLIC7.009\jw
APPENDIX "B'
Disclosure Categories
general Rule
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 m 1 sin Cato-o "1" mus report:
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 Contra Costa County Fire Protection District or
if the business entity is doing business or planning to do business in the District (and such pians are
known by the designated employee) or has done business within the District at any time during the
two years prior to the ding of the statement.
Designated es in Category"2" mut report:
Investments in any business entity, and 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 has within the last two years contracted, or foreseeably may contract, with Contra Costa
County Fire Protection District to provide services, supplies, materials, machinery, or equipment to
such District.
sin ted 1 es in o "3" mu r rt:
Investments in any business entity and 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 has within the last two years contracted, or foreseeably may contract, with Contra Costa
County Fire Protection District to provide services, supplies, materials, machinery or equipment which
are related to the following areas:
(A) Air/Oxygen Systems Equipment, Services and Supplies
(B) Building Construction Materials and Services
(C) Building & Grounds Materials, Equipment, Services and Supplies
(D) Canvas Services and Supplies
(E) Communications Equipment, Services and Supplies
(F) Files & Records Services and Supplies
(G) Fire Protection Equipment, Services and Supplies
(H) Hazardous Materials Equipment, Services and Supplies
(1) Heavy Rescue Equipment, Services and Supplies
(J) Hose Services and Supplies
(K) Hydrant Services and Supplies
(L) Information Systems Equipment, Services and Supplies
(M) Ladder Equipment, Services and Supplies
(N) Mapping Services and Supplies
(0) Medical & Lab Equipment, Services and Supplies
(P) Motor Vehicle Equipment, Services and Supplies
(0) Office Equipment, Services and Supplies
(R) Photography Equipment, Services and Supplies
(S) Physical Fitness Equipment, Services and Supplies
(T) Public Education Materials, Services and Supplies
(U) Real Property within the District
(V) Safety Services and Supplies
(W) Station Materials, Equipment, Services and Supplies
(X) Training Equipment, Services and Supplies
(Y) Water Supply Materials and Services for Fire Protection
(Z) Weed Abatement Materials and Services
u:r HU-\C0 FL1Cr.on9\„w
'Oztra Costa County .Fire Protection District
RECEIVED
Fire Chief
F4EiTF1 RICHTER
September 22, 2000 SEP 2 5 20001
CLERK BOARD OF SUPERVISORS
CONTRA COSTA CO.
TO: Ann Cervelli, Chief Clerk of the Board of Supem'so
FROM: Mike George, Chief of Administrative Services
SUBJECT: 2000 Local Agency Biennial Notice/Amended Conflict of Interest Code
for the Contra Costa County Fire Protection District
Please find enclosed 1) 2000 Local Agency Biennial Notice and 2) an amended Conflict of
Interest Code for the Contra Costa County Fire Protection District.
The amended Code reflects a change in Section 8.1 ProMbition on Receipt of Gifts in
Excess of$300 (the previous amount was $290) and updates the designation of employees
in Appendix "A"
Enclosures
U MMORTo`C'ERVE11I. 091W
® 2010 GEARY ROAD • PLEASANT HILL, CALIFORNIA 84523.4684 + TELEPHONE (925) 930-5500 • FAX 9130-5592
t� 4527 DEERFIELD DRIVE + ANTIOCH, CALIFORNIA 84509 • TELEPHONE (925)757-1303 • FAX 754-8852
1 WEST COUNTY AREA + TELEPHONE (510) 374-7070
Office of the County Counsel Contra Costa County
651 Pine Strut, 9th Floor Phone: (925)335-1800
Martinez, CA 94553 Fax: (925)646-1078
Date: October 9, 2000
To: Clerk,Board of Supervisors
.From: Victor J. Westman, County Counsel
By: Mary Ann McNett Masan,Deputy County Counsel ,w.
Re: Conflict of Interest of Code of the Contra Costa County Fire Protection 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: Michael H. George, Contra Costa County Fire Protection District
attachments
I:\J0AhNWAM\coimemo.wpd -