HomeMy WebLinkAboutMINUTES - 01212003 - C54 TO: Board of Supervisors
NRA
FROM: Silvan B. Marchesi, County Counsel o COSTA
By: Mary Ann McNett Mason, Deputy County Counsel r COUNTY
DATE: January 7, 2003
SUBJECT: Conflict of Interest Code of Antioch Unified School District
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
Approve amendment to the Antioch Unified School District's Conflict of Interest Code to substitute the
attached as said code.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
The Antioch Unified School District has amended its conflict of interest code and submitted the revised
code to the Board for approval pursuant to Government Code section 87306 and 87306.5.
CONTINUED ON ATTACHMENT: SIGNATURE: 1,11119ft Rwvex��
RECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMMENDATION OF BOARD
COMMITTEE
,, - APPROVE OTHER
SIGNATURE(S):(,
ACTION OF B ON January 21, 2003 APPROVED AS RECOMMENDED x OTHER
VOTE OF SUPERVISORS:
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENTNono) TRUE AND CORRECT COPY OF AN
AWES: NOES: ACTION TAKEN AND ENTERED
ABSENT: ABSTAIN: ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE
SHOWN.
ATTESTED: January 21, 2003
JOHN SWEETEN, CLERK OF
THE BOARD OF SUPERVISORS
Contact: County Counsel AND COUNTY ADMINISTRATOR
cc: Clerk, Board of Supervisors
Sue Grieb, Operations Manager, Antioch Unified School District By: k �- �''` Deputy
1AJ0ANNNAM\AUSDbdord coi.wpd
ANTIOCH UNIFIED SCHOOL DISTRICT
2000 -- GENERAL :SCHOOL A30MINISTRATION
2430 -- CONFLICT OF INTEREST CODE
CONFLICT OF INTEREST CODE AR 2430
I. Employees in designated positions and Members of the
Governing Board shall file the required disclosure
statement on the form designated by the County Clerk.
Legal Reference: Government Code 82419, 87204, 87300
Fair Political Practices Commission Regulation 18730
originating office: Business Services
Effective Date: 12/11/02
Revision Date(s) : 12/8/98, 3/27/95, 9/2/92
Conflict of Interest E-2430(AR) Page 1 of 7
CONFLICT OF INTEREST CODE
OF THE
ANTIOCH UNIFIED SCHOOL DISTRICT
OF CONTRA COSTA COUNTY
SECTION 100 . Purpose. Pursuant to the provisions of
Government Code Sections 87300, et . seq. , the Antioch
Unified School District of Contra Costa, County hereby
adopts the following Conflict of .Interest Code . Nothing
contained herein is intended to modify or abridge the
provisions of the Political Reform Act of 1974 (Government
Code Section 81000) . The provisions of this Code are
additional to Government Code Section 87100 and other laws
pertaining to conflicts of interest . Excerpt as otherwise
indicated, the definitions of said Act and regulations
adopted pursuant thereto are incorporated herein and this
Code shall be interpreted in a manner consistent therewith.
SECTION 200. Designated Positions. The positions listed
on Exhibit "A" are designated positions . Officers and
employees holding those positions are designated employees
and are deemed to make, or participate in the making of,
decisions which may foreseeably have a material effect on a
financial interest.
SECTION 300. Disclosure Statements. Designated positions
shall be assigned to one or more of the disclosure
categories set forth on Exhibit "B. " Each designated
employee shall file an annual statement disclosing that
employee' s interest in investments, real property, and
income, designated as reportable under the category to
which the employee's position is assigned on Exhibit "B. "
SECTION 4.00. Place and Time of Filing.
a . All designated employees required to submit a statement
of financial interests shall file the original with the
Deputy Superintendent, Business Services .
b . The Deputy Superintendent, Business Services shall make
and retain a copyf of the statement of financial interest
and forward the original to the County Clerk.
c . A designated employee required to submit a statement of
financial interest shall submit an initial statement
within thirty (30) days after the effective date of this
Code.
Conflict of Interest E-2430(AR) Page 2 of 7
d. Classified and certificated employees appointed, promoted
or transferred to designated positions shall file initial
statements within thirty (30) days after date of
employment.
e . All other employees appointed, promoted or transferred to
designated positions shall file initial statements not
less than ten (10) days before assuming office or if
subject to confirmation, ten (10) days before being
confirmed. unless an earlier assumption of office is
required by emergency circumstances, in which case the
statement shall not be filed within thirty (30) days
thereafter.
f . Annual statements shall be filed during the month of
March by all designated employees . Such statements shall
cover the period of the preceding calendar year.
g . A designated employee required to file a statement of
financial interest with any other agency, which is within
the same territorial jurisdiction, may comply with the
provisions of this Code by filing a duplicate copy of the
other agency, in lieu of an entirely separate document.
SECTION 500 . Contents of Disclosure Statements .
Disclosure statements shall be made on forms supplied by
the Deputy Superintendent, Business Services, and shall
contain the following information;
a. Contents of Investment and Real Property Reports;
When an investment, or an interest in real property, is
required to be reported, the statement shall contain:
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 ten
thousand dollars `$10, 000) , and whether it exceeds one
Conflict of Interest E-2430 (AR)Page 3 of 7
hundred thousand dollars ($100, 000) . This information
need not be provided with respect to an interest in
real property which is used principally as the
residence of the flier.
b. Contents of Personal Income Reports:
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 and fifty dollars ($250) or
more in value, or twenty--five dollars ($25) 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 was greater than one thousand dollars
($1., 000) , and whether it was 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 amount and the date on
which the gift was received.
c. Contents of Business Entity Income Reports:
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 . In the case of a business entity which provides legal
or brokerage services, the name of every person who
paid fees to the business entity if the filer ' s
prorata share of fees from such person was equal to or
greater than one thousand dollars ($1, 000) ;
3 . In the case of a business entity not covered by
paragraph (2) , the name of every person. from whom the
business entity received payments in the filer' s
prorata share of gross receipts from such person was
Conflict of Interest E-2430 (AR) Page 4 of 7
equal to or greater than ten thousand dollars
($10, 000) during a calendar year.
d. Contents of Management Positions Reports :
When management positions are required to be reported,
designated employees shall list the name of each business
entity not specified above in which they are a director,
officer, partner, trustee, employee, or in which they
hold any position of management.
e. Initial Statement:
The initial statement filed by an employee appointed to a
designated position shall disclose any reportable
investments and interests in real property.
f. Acquisition or Disposal During Reporting Period:
In the case of a statement filed under Section 400 (f) ,
if the investment, or interest in real property, was
partially or wholly acquired or disposed of during the
period covered by the statement, list the date of
acquisition or disposal.
SECTION 600. Diaggal,ification. Designated employees must
disqualify themselves from making or participating in the
making of any decisions 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
himself/herself with respect to any matter which could not be
legally acted upon or decided without his/her participation.
s
Conflict of Interest E-2430 (AR) Page 5 of 7
Fs' MIBIT '%A"
Desi ated Positions Disclosure Catego
Members of the Governing Beard 1, 2 & 3
Superintendent 2, 2 & 3
Deputy Superintendent, Business Services 1, 2 & 3
.Associate Superintendent of Personnel 1, 2 & 3
Associate Superintendent of Educational Services 1, 2 & 3
Associate Superintendents of Facilities & Operations 1, 2 & 3
Director of Maintenance & Operations 2 & 3
Maintenance Foreperson 2 & 3
Custodial Foreperson 2 & 3
Grounds Foreperson 2 & 3
Transportation Foreperson 2 & 3
Director, Budgets & Accounting 2 & 3
Director of Purchasing 2 & 3
Director of Classified Personnel 2 & 3
Director of Food Services 2 & 3
Director of Technology 2 & 3
a Director of Personnel Services 2 & 3
Supervisor, Special Education 2 & 3
Supervisor, Curriculum 2 & 3
Supervisor, Child Welfare & Attendance 2 & 3
Supervisor, Special Projects 2 & 3
Coordinator of Assessment 2 & 3
Coordinator of Child Welfare & Attendance 2 & 3
Coordinator of Special Education 2 & 3
Coordinator of English Language Learners Services 2 & 3
Coordinator of Staff Development 2 & 3
Coordinator of BTSA 2 & 3
Coordinator of Technology 2 & 3
Principal of Extended Learning Time 2 & 3
Principal of Alternative Education 2 & 3
Elementary School Principal 2 & 3
Middle School Principal 2 & 3
High School Principal 2 & 3
Associate High School Principal 2 & 3
Operations Manager, Superintendent's Office 2 & 3
Risk Manager 2 & 3
Operations Manager, Deputy Superintendent's Office 2 & 3
Accounting Analyst b 2 & 3 '
Personnel Analyst r 2 & 3
Conflict of Interest E-2430(AR) Page 6 of 7
EXHIBIT "B"
Disclosure Categories
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 Employees in Group '11" must report:
All investments, interests in real property and income, and
any business entity in which the person is a director, office,
partner, trustee, employee, or holds any position of
management. Financial interests are reportable only if
located within the Antioch Unified School District or if the
business entity is doing business or planning' to do business
in the District (anal such plans are known by the designated
employee) or has done business within the District at any time
during the two years prior to the filing of the statement.
Designated employees in Group "2) must 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, within the last two years, has contracted, or in the
future foreseeably may contract with the Antioch Unified
School District to provide services, supplies, materials,
machinery or equipment.
Designated Employees in Group 113" must report:
Investments in any business entity, 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, within the last two years, has contracted or in the
future foreseeably may contract with the Antioch Unified
School District to provide services, supplies, materials, '
machinery or equipmefit which are related to such areas as
follows :
Conflict of Interest E-2430(AR) Page 7 of 7
Group "3"
Insofar as a business entity or income source relates to the
following areas :
A. Psychological Testing Evaluation
B. Guidance Counseling
C. Special Education
D. Materials and Services for the Visually Handicapped
E. Materials and Services for the Speech & Audio Handicapped
F. Materials and Services for the Orthopedically Handicapped
G. Materials and Services for the Physically Handicapped
H. Physical Education
I. Medicine and. Health
J. Buildings and Grounds Equipment and Supplies
R. Buildings and Grounds Maintenance Services
L. Data Processing and Computers
M. Office Management
N. Motor Vehicles
O. Food and Food Services
P. Books and Other Publications
Q. Pedagogical Supplies and Equipment
R. Foreign Language Training
S. Musical Instruments and Music Training
T. Employment Agencies
U. Vocational Training
Revision Date: 12/11/02
Original Date: 12/8/98, 3/27/96