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Home My WebLink AboutMINUTES - 12102002 - C49 TO: Board of Supervisors CONTRA { .i+ COSTAFROM: Silvano B. Marchesi, County Counsel , By: Mary Ann McNett Mason, Deputy County Counsel COUNTY DATE: November 6, 2002 SUBJECT: Conflict of Interest Code of the Contra Costa County Employees Retirement Association SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(& Approve amendments to the Contra Costa County Employees Retirement Association Conflict of Interest Code to substitute the attached as said code, as shown on the attached memorandum from the Retirement Administrator. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The Contra Costa County Employees Retirement Association has amended its code and submitted the amended code 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 CgWI TTEE APPROVE OTHER SIGNATURE(S): ae:46T � ACTION OF BOJWD ON pkember lo,=Z APPROVED AS RECOMMENDED_xx OTHER VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A X 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 TIME DATE SHOWN. ATTESTED: December 10, 2002 JOHN SWEETEN,CLERK OF THE BOARD OF SUPERVISORS Contact: County Counsel AND COUNTY ADMINISTRATOR cc: Clerk, Board of Supervisors Pat'Wiegert, Contra Costa County Employees Retirement Association DEPUTY BOARD OF RETIREMENT OF THE CONTRA COSTA COUNTY EMPLOYEES RETIREMENT ASSOCIATION CONFLICT OF INTEREST CODE Amended 11/06/02 Section 104, Purpose Pursuant to the provisions of Government code Sections 87300, et seq.,the Board of Retirement of the Contra Costa County Employees Retirement Association adopts this Conflict of Interest Code. Nothing contained herein is intended to modify or abridge the provisions of the Political Reform Act of 1974(Government Code Secs. 81040 ft). The provisions of this Code are in addition 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 consistently therewith. Section 200,Designated Positions and Employees The positions listed in Exhibit"A"(attached hereto) are"designated positions". Every incumbent of these is a"designated employee", and is deemed to make, or participate in the making of,decisions which may foreseeably have a material effect on his or her financial interest. Section 300, Disclosure, Statements Designated positions shall be assigned to one or more of the disclosure categories set forth in Exhibit"B". Each designated employee shall file an annual statement disclosing that employee's interest in investments,business positions,real property and income designated as reportable under the category to which the employee's position is assigned. Section 400, Place and Time of Filing (a) Every designated employee shall file the original of his or her statement of financial interests with the Executive Secretary in the Retirement Administrator's office. (b) The Executive Secretary shall make and retain a copy, and forward the original to the County Clerk. (c) Every designated employee shall submit his or her initial statement within 30 days after the effective date of this Code. The initial statement shall disclose investments, business positions, interests in real property held on the effective date of this code and income received during the 12 months before the effective date of this code. (d) Employees appointed,promoted or transferred to designated positions shall file initial statements within 30 days thereafter, and shall disclose any reportable investments, F:\sIiARED\Administmtion\Guidlines—Policies\Board Governance Policies\Conflict Int.doc 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) Business Entity. When income of a business entity,including income of a sole proprietorship, is required to be reported, the statement shall contain: the name, address, and a general description of the business activity of the business entity, and 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($10,0(x}). (4) Business Position. When business positions are required to be reported, a designated person shall list the name and address 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 person's position with the business entity. (5) Acquisition or Disposal During;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. Section 600, Disqualifications. Designated employees must disqualify themselves from making or participating in the making of any decisions or using their official position to influence the making of any decision in which they have 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 him or herself with respect to any matter which could not be legally acted upon or decided without his or her participation. All other provisions of this Code notwithstanding, the following provisions hereafter apply: 1. No designated person shall accept any honorarium. -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 in a calendar year from any single source that exceeds the limitations set forth in Government Code section 59503. F:\SHARED\Administration\Guidlines—Policies\Board Governance Policies\Conflict Znt.doc Designated Employees in category 1: Employees designated in Category 1 of Exhibit A shall complete all schedules of Form 700 unless there are no reportable interests for that schedule. A"reportable interest" shall be any business entity or source of income of a type in which the Board is authorized to invest. Designated Employees in Category 2: Employees designated in Category 2 of Exhibit A shall complete all schedules of Form 700 except those relating to interests in real (Form 700, Schedules B and Q,unless there are no reportable interests for that schedule. A"reportable interest"shall be any business entity or source of income which,within the filing period has contracted, or in the foreseeable future may contract with the Board to provide services, supplies,materials, machinery or equipment of the Retirement System or the Retirement Administrators Office. F:\SHARED\Administration\Guidlines-Policies\Board Governance Policies\Conflict Tnt.doc