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Home My WebLink AboutMINUTES - 01112005 - C.58 TO: Board of Supervisors CONT , f FROM: Silvano B. Marchesi,County Counsel M COSTA By: Mary Ann McNett Mason,Deputy County Counsel COUNTY DATE: December 8, 2004 SUBJECT- Conflict of Interest Cade of the Contra Costa County Employees Retirement Association SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONIS : Approve amendments to the Conflict of Interest Code of the Contra Costa County Employees Retirement Association and substitute the attached as said code. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The Contra Costa County Employees Retirement Association has revised 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: YES SIGNATURE- RECOMMENDATION OF COUNTY ADMINISTRATOR—RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): 11 ACTION OF BOARD ON d1 1LAPPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENTy,6 TRUE AND CORRECT COPY OF AN AY S- NOES: ACTION TAKEN AND ENTERED ABSENT: ABSTAIN: � ON THE MINUTES OF THE BOATED OF SUPERVISORS ON THE DATE SHOWN. ATTESTED: ! JOHN SWEETEN, LER. OF THE BOARD OF SUPERVISORS Contact: County Counsel AND CO 'TY ADMINISTRA:UTY R cc: Clerk,Board.of Supervisors Toni Warren, CCC Employee Retirement Assn. I:\J0ANN,MAM\ERA bdordwimpd 5 BOARD OF RETIREMENT OF THE CONTRA COSTA COUNTY EMPLOYEES RETIREMENT ASSOCIATION CONFLICT OF INTEREST CODE Amended 11/06/02, 11/17/04 Section 100,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. 81000 ff). 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"X' (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 Retirement Administration Manager in the Retirement office. (b) The Retirement Administration Manager 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, T:\Guid1ines—Pohcies\Board Governance Policies\Conflict Int.doc business positions and interests in real property held on, and income received during the 12 months before the effective date of the amendment, appointment, transfer or promotion. (e) Every designated employee shall file annual statements during March covering the preceding calendar year. (f) A designated employee required to file a statement of financial interest under any other agency's conflict of interest code, or under Article 2 of Chapter 7 of the Political Reform Act for a jurisdiction contained within the territorial jurisdiction of this agency may comply with the provisions of this Code by filing a duplicate copy of that statement and an expanded statement which covers reportable interests in that portion of this agency's jurisdiction which differs from the jurisdiction described in the other statement. Section 500 Disclosure Statement Form and Content (a) County Clerk's Forms. Disclosure statements shall be made on forms supplied by the County Clerk. (b) Content. The disclosure statement shall contain the following information: (1) Investment or Interest in Real Property. When an investment or an interest in real property is required to be reported, the statement shall contain: a statement of the nature of the investment or interest, the name of the business entity in which each investment is held, a general description of the business activity in which the business entity is engaged, and the address or other precise location of the real property. The statement shall also contain a statement whether the fair market value of the investment or interest in real property equals or exceeds one thousand dollars ($1,000)but does not exceed ten thousand dollars ($10,000), whether it exceeds ten thousand dollars ($10,000)but does not exceed one hundred thousand dollars ($100,000), or whether it exceeds one hundred thousand dollars ($100,000). This information need not be provided with respect to an interest in real property which is the principal residence of the filer or any other property which the filer utilizes exclusively as the personal residence of the filer. (2) Personal Income. When income is required to be reported under this article, the statement shall contain: the name and address of each source of income aggregating two hundred fifty dollars($250)or more in value, or fifty dollars (S50)or more in value if the income was a gift, and a general description of the business activity, if any, of each source. The statement shall also contain a statement whether the aggregate value of income from each source,or in the case of a loan, the highest amount owed to each source, was at least two hundred fifty dollars ($250)but did not exceed one thousand dollars ($1,000), whether it was in excess of one thousand dollars($1,000)but was not greater than ten thousand dollars($10,000), or whether it was greater that ten thousand dollars($10,000); and a description of the consideration, if any, for which the income was received. In the case of a loan, the statement shall contain the annual interest rate and the security, if any, given for the loan. T:\Guid1ines-Pohcies\Board Governance Policies\Conflict Tnt.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 ($10,000). (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 DuringPeriod. 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: I. 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 89503. TAGuidlines Policies\Board Governance Policies\Conflict Int.doc EXHIBIT"A" Position Cate ones Des mated Positions Disclosure Cate Assistant Retirement Administrator 1 Chief Investment Officer I Retirement Accounting Manager I Retirement Administration Manager 2 Outside general counsel I Outside investment consultant I • Consultants shall be included in the list of designated positions and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation: The Administrator 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 code. Such 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 Administrator'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. EXHIBIT"B" Disclosure Categories eneral: 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. T:\Guidlines_Policies\Board Governance Policies\Conflict Int.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 Category2: 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 Office. TAGuidlines Policies\Board Governance PoliciesTonflict lnt.doc