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HomeMy WebLinkAboutMINUTES - 10152002 - C.55 TO: Board of SupervisorsCON - RA FROM: Silvano B.Marchesi, County Counsel COSTA By: Mary Ann McNett Mason,Deputy County Counsel COUNTY DATE: October 1, 2002 SUBJECT: Conflict of Interest Cade Amendment of the Reclamation District No. 800- yron Tract SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): Approve amendment to Exhibit A to the Reclamation District No. 800 -Byron Tract Conflict of Interest Code to substitute the attached as said code, as shown on the attached Resolution from the District. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The Reclamation District No. 800 -Byron Tract 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: OPI RECOMMENDATION OF COUNTY ADMINISTRATOR—RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER. SIGNATURE(S): ACTION OF BOARD ON October 15, 2002 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A X UNANIMOUS (ABSENTS 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: n;tcter 15, JOHN SWEETEN,CLERK OF THE BOARD OF SUPERVISORS Contact: County Counsel AND COUNTY ADMINISTRATOR cc: Clerk,Board of Supervisors: Jeff Conway,Reclamation District 800..Byron Tract By: Dewputy I.1J0ANN\M1 A.Mlbefo&oi Redam Dist 9Mwpd EIVE 2002 Local Agency Biennial Notice 2002 LCLERK BOA 0 SU ERVISORS CONTRA COSTA co, NameofAgency: Reclamation District No . aoo-Byron Tract Mailing Address: B .D. Box 262 , Byron, CA 94514 Contact Verson: JeFF Conway Office,Phone No: ( 925) 634-2351 Fax Number: (e 2 5) 634-2089 E-mail (optional): ....so. This agency has reviewed its conflict of interest code and has determined that: The code needs to be amended and the following amendments are necessary: (Check all that apply) U Include new positions(including consultants)that must be designated • Revise the titles of existing positions o Delete the titles of positions that have been abolished o Delete the positions that manage public investments o Revise disclosure categories 6 Other11el eterbus t ion of 8ecretary-does not make or participate in making governmental. decisions Q No amendments are necessary. The agency's code accurately designates all positions that make or participate in the snaking of governmental decisions;the disclosure categories assigned to those positions accurately require the disclosure of all investments,business positions,interests in real property and sources of income which may foreseeably be affected materially by the decisions made by those designated positions;and the code includes all other provisions required by Government Code Section 87302. yoz d .. zigriature cit Chiet Executive Officer Late You must complete this report regardless of how recently your code was approved or amended. e return this report no later than October 1,2002 to: RECEIVED - (return address of agency) Clerk of the Board of Supervisors 651 Bine Street, Room 106 Martinez, CA 94553 LA-June 2002 RECLAMATION DISTRICT NO. 800 RESOLUTION NO. 0 P-o 8 A RESOLUTION BY TIM BOARD OF DIRECTORS OF RECLAMATION DISTRICT NO. 800 TO AMEND ITS CONFLICT OF INTEREST CODE WHEREAS, Reclamation District No. 800 ("District") is a public agency wholly contained within Contra Costa County, and, WHEREAS, the District seeks to further public confidence by encouraging; all District employees to avoid conflicts of interest; and, WHEREAS, section 87300 of the Political Reform Act requires every public agency to promulgate a conflict of interest code, and, WHEREAS, the District has reviewed its conflict of interest code and finds that certain amendments should be made to conform the District's code to the standard code provided by the Fair Political Practices Commission; and, WHEREAS, Contra Costa County establishes all of the rules and regulations regarding amendments to the District's conflict of interest code; and, WHEREAS, Contra Costa County requires the District to submit to it a completed and executed amended code and certification to the Clerk of the Board. of Supervisors in accord with the laws of the State of California. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The District adapts and incorporates by reference the provisions of section 18730 of Title 2 of the California Code of Regulations. 2. The standard conflict of interest code, together with Appendix A specifying designated positions and disclosure categories, shall constitute the conflict of interest code of the District. Approved this 5 day of September, 2042 Ayes: Motion=Robert Abbadie , Second=Robert Anderson , David Harris Robert HeFner , Savid Lennon Noes: None Absent: None '69354.1. CONFLICT OF INTEREST CODE FOR RECLAMATION DISTRICT NO. 800 (BYRON TRACT) The Political Reform Act, Government Cade § 81000 et se .,requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation, 2 Cal. Code of Regs. § 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 to the Political Reform Act after public notice and hearings. Therefore,the terms of 2 Cal. Code of Regs. § 18730 and any amendments to it duly adopted by the Fair Political Practices Commission, along with the attached Appendix 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 Reclamation District No. 800. Designated employees shall file their statements of economic interests with Reclamation District No. 800, which will make the statements available for public inspection and reproduction. (Government Code Section 81008.) #335749.5 DISCLOSURE CATEGORIES 1. All investments and business positions in business entities, and all sources of income and interests in real property. This category is known as full disclosure. 2. Investments in or income from persons or businesses engaged in the business of providing services or supplies, including, but not limited to, equipment,machinery, or office supplies,to the Reclamation District 800, or could foreseeably provide services or supplies to the Reclamation District 800. 3. Interests in real property located in whole or in part within the jurisdiction of the Reclamation District 800,or within a two-mile radius of the Reclamation District 800,including any leasehold, beneficial or ownership interest or option to acquire such interest in real property if the fair market value of the interest is greater than that amount specified by 2 Cal. Code of Regs. § I8730. 4. Business positions, including,but not limited to, status as a director, officer, sole owner,partner,trustee,employee, or holder of a position of management in any business entity which, in the prior two years has contracted with, or in the future may contract with,the Reclamation District 800 to provide services or supplies to the Reclamation District 800. #335745.5 APPENDIX A DESIGNATED POSITIONS Designated positions Disclosure Cate Dries Officials Who Manage Public Investments and Candidates for any such officer' Consultants* All *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 follo-wing limitation: the President of the Board 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 a 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 President'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. I. It has been determined that the positions listed below and those who are candidates for these offices manage public investments and will file a statement of economic interests pursuant to Government Cade Section 87200: Manager/Board Members #335749.5 Certification I, 5 o 5 e r t A n d e r e o n ,hereby certify that 1 am and at all times mentioned herein was duly elected, qualified and acting Secretary of Reclamation District No. 800 organized and existing under and by virtue of the laws of the State of California,that the foregoing is a full, true and correct copy of a Resolution duly and regularly adopted at a meeting of the Board of Trustees of said District duly held on September 5 , 2002, a majority and quorum of the members of said Board of Trustees being present and voting in favor of said Resolution; and that said Resolution has not been modified, rescinded, altered or amended and is now in full force and effect. V ecretary 468854.1