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Home My WebLink AboutMINUTES - 10222002 - C71 TO: Beard of Supervisors CONTRA FROM: Silvano B. Marchesi, County Counsel COSTA By: Mary Ann McNett Mason, Deputy County Counsel COUNTY II DATE: October 4, 2002 SUBJECT: Conflict of Interest Code of Central Contra Costa Transit Authority SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): Approve amendment to the Central Contra Costa Transit Authority Conflict of Interest Code to substitute the attached as said code, as shown on the attached Resolution. BACKGROUND/REASONfSFOR RECOMMENDATION(S): The Central Contra Costa Transit Authority has amended its code and submitted the amended code to the Board for approval pursuant to government Code section 57306 and $7306.5. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR—RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF ROAR€?ON October 22 , 2002 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT�o 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: October 22 , 20302 JOHN SWEETEN, CLERK OF THE BOARD OF SUPERVISORS Contact: County Counsel AND COUNTY ADMINISTRATOR eco Clerk, .Board of Supervisors Janet Madrigal, Central Contra Costa.Transit Authority Deputy 1:Q0ANNIMAM\bdordcoi Central CCTA.wpa RESOLUTION NO.2003-004 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 forged 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 changes in the tides of designated employees,and WHEREAS,fhe 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 19th day of September,2002,by the following vote. AYES: Directors Dessayer, Hoffineister, Horn, Manning, Schroder and Uilkerna NOES: None ABSTENTIONS: None ABSENT: Directors Angeli,Dickey,Rainey al d an Erling Horn,Chair, oard o Directors ATTEST: 1� ja et Madrigal,Clerk tod&e Board 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. 95-408 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 21, 2000 pursuant to Resolution No. 01-047 Amended on September 19 , 2002 pursuant to Resolution No. 03-407 971453.3 CONFLICT OF INTEREST CODE FOR THE CENTRAL CONTRA COSTA TRANSIT AUTHORITY (CCCTA) The Political.Reform Act of 1974, Government Cade 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 Fair 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 terns 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. 97;4533 APPENDIX A DESIGNATED EMPLOYEES Designated Employees Disclosure Cate ory General Manager 1 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 Senior Manager of Human Resources 1 Senior Manager of Specialized Services 1 Senior Manager, Technical Services Legal Counsel 1 Consultants** l In addition to the foregoing list of designated employees, it has been determined that the positions listed below manage public investments, as defined by 2 Cal, Cade of Regs. Section 18701(b). 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 Beard 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. 971-4533 APPENDIX B DISCLOSURE CATEGORIES Category I 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 whale or in part within, or not more than two (2) miles outside of, the boundaries of the CCCTA service area. Categpry 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. 971453.3 2002 Local Agency Biennial Notice Name of Agency: Central Contra Costa Transit Authority Mailing Address. 2477 Arnold IndustrialWay Contact person: Janet Madrigal Office.Phone No: 925,676.1976 ext. 207 Fax Number. 925.687.7306 E-mail (optional): madrigal@cccta.org ..... This agency has reviewed its conflict of interest code and has determined that: The core needs to be amended and the following amendments are necessary: (Check all that aPPIY) 0 include new positions(including consultants)that must be designated levise the titles of existing positions • Delete the titles of positions that have been abolished • Delete the positions that manage public investments C Revise disclosure categories • Other No amendments are necessary. The agency's code accurately designates all positions that make or participate in the making of governmental decisions;the disclosure categories assigned to those positions accurately require the disclosure of ail 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=ncludes all ether provisions required by Government Cade Section 87302. September 26, 2002 Signature of Chief Executive Officer Data Rick Ramacier Genera:. Manager You must complete this report regardless of how recently your code was approved or amended. Tease return this report no later than October 1,2002 to: (return address of agency) Clerk of the Board of Supervisors 651 Fine Street, Room 106 Martinez, CA 94553 :.a-June 2002