HomeMy WebLinkAboutMINUTES - 12162008 - C.98 TO: Board of Supervisors
CONTRA
FROM: Silvano B. Marchesi, County Counsel , __ COSTA
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By: Mary Ann Mason, Deputy County Counsel �� �'�°tea COUNTY
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Cosa
DATE: a- &-or
SUBJECT: Conflict of Interest Code of the Central Contra Costa Sanitary District
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SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
Approve amendment to Exhibit A of the Central Contra Costa Sanitary District Conflict of Interest Code
to substitute the attached as Exhibit A to said code.
BACKGROUND/REASON(S) FOR RECOMMENDATIONS -
The Central Contra Costa Sanitary District has amended Exhibit A to its conflict of interest code and
submitted the revised Exhibit to the Board for approval pursuant to Government Code sections 87306 and
87306.5.
The recommended change includes the elimination of a designated position covered by the District
Code. This change will ensure the Conflict of Interest Code accurately reflects the current positions.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
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RECOMMENDATION OF COUNTY ADMINISTRATOR—RECOMMENDAIVON OF BOARD
COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON bNeWor F APPROVED AS RECOMMENDED V OTPER
VOTE OF SUPERVISORS:
I HEREBY CERTIFY THAT THIS IS A
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 THE DATE
SHOWN.
ATTESTED: b2ce'm -er [Ip f 'zDos
DAVID TWA, CLERK OF
THE BOARD OF SUPERVISORS
Contact: County Counsel AND COUNTY ADMINISTRATOR
cc: Clerk, Board of Supervisors
Elaine R. Boehme, CMC, Central Contra Costa Sanitary District
L\BECKY\MAM\bdordcoi central cc san dist.wpd u It
B..
RESOLUTION NO. 2008-090
A RESOLUTION AMENDING EXHIBIT A, DESIGNATED POSITIONS
AND DISCLOSURE CATEGORIES;' OF THE CENTRAL CONTRA COSTA SANITARY
DISTRICT CONFLICT OF INTEREST CODE
WHEREAS, the Political Reform Act of 1974 requires every local government
agency to review its Conflict of Interest Code biennially, no later than October 1 of each
even-numbered year, and determine"whether changes are necessary; and
WHEREAS, Section 2.20.020,,of the Central Contra Costa Sanitary District Code
provides that the Board of Directors shall from time to time establish by resolution
designated positions of officers and employees deemed to make, or participate in the
making of, decisions that may foreseeably have a material effect on a financial interest.
NOW,.THEREFORE, BE IT RESOLVED by the Board of Directors of the Central
Contra Costa Sanitary District as follows:
THAT Exhibit A, Designated Positions and Disclosure Categories of the Central
Contra Costa Sanitary District Conflict of Interest Code, a copy of which is attached, is
hereby approved and adopted for the District, subject to approval by the Board of
Supervisors of the County of Contra'Costa; and
THAT the Secretary of the District is hereby authorized and instructed to submit a
copy of such Code amendment to the Board of Supervisors of the County of Contra
Costa and to request the Board of Supervisors to approve said Code amendment in
accordance with Government Code Section 87303.
PASSED AND ADOPTED by,the Central Contra Costa Sanitary District Board of
Directors this 4th day of September 2008, by the following vote:
AYES: Members: Hockett, McGill, Menesini, Nejedly, Lucey
NOES: Members: None
ABSENT: Members: None
15'resident of the Board of Dirbctors
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
Secretary of the Central Contra.Costa
Sanitary District, County of Contra osta,
State of California
Approved as to Form:
Kenton L. Alm
District Counsel
9/4/2008
"EXHIBIT A"
DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES
OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
CONFLICT OF INTEREST CODE
Designated Positions Disclosure Categories
1. Board Member 1,2,3,4,5,6,7,8
2. General Manager 1,2,3,4,5,6,7,8
3. Secretary of the District 1,2,3,4,5,6,7,8
4. Counsel for the District 1,2,3,4,5,6,7,8
5. Director of Administration 1,2,3,4,5,6,7,8
6. Director of Engineering 1,2,3,4,5,6,7,8
7. Director of Plant Operations 1,2,3,4,5,6,7,8
8. Director of Collection System Operations 1,2,3,4,5,6,7,8
9. Controller 1,2,3,4,5,6,7,8
10. Capital Projects Division Manager 1,2,3,4,5,6,7,8
11. Environmental Services Division Manager 1,2,3,4,5,6,7,8
12. Plant Operations Division Manager 1,2,3,4,5,6,7,8
13. Human Resources Manager 1,2,3,4,5,6,7,8
14. Communication Services Manager 1,2,3,4,5,6,7,8
15. Purchasing and Materials Manager 1,2,3,4,5,6,7,8
16. Consultant* 1,2,3,4,5,6,7,8
17. Safety and Risk Management Administrator 1,2,3,4,5,6,7,8
18. Senior Control Systems Engineer 1,2,3,4,5,6,7,8
19. Process Control Engineer 1,2,3,4,5,6,7,8
20. Principal Engineer 2,3,4,5,6,7,8
21. Senior Engineer 2,3,4,5,6,7,8
22. Information Technology Administrator 1,4,5,6,7,8
23. Senior Materials Coordinator" 4,5,6,7,8
24. Senior Buyer 4,5,6,7,8
25. Buyer 4,5,6,7,8
26. Material Services Supervisor 4,5,6,7,8
27. Plant Operations Superintendent 4,5,6,7,8
28. Field Operations Superintendent 4,5,6,7,8
29. Plant Maintenance Superintendent 4,5,6,7,8
30. Laboratory Superintendent /4,5,6,7,8
3 Stations SII I, FinteTIden 4,5,6,7,8
* The category of Consultants shall be included on the list of designated
employees and those Consultants who fall within the criteria described below
shall disclose pursuant to the broadest disclosure category in the Code, unless
the General Manager determines that a less broad category,is appropriate.
A particular Consultant shall be treated as a "designated position" to the extent
that the Consultant (i) is either delegated specified decision-making authority or
9/4/2008
"EXHIBIT A"
DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES
OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
CONFLICT OF INTEREST CODE
Designated Positions Disclosure Categories
1. Board Member 1,2,3,4,5,6,7,8
2. General Manager 1,2,3,4,5,6,7,8
3. Secretary of the District 1,2,3,4,5,6,7,8
4. Counsel for the District 1,2,3,4,5,6,7,8
5. Director of Administration 1,2,3,4,5,6,7,8
6. Director of Engineering 1,2,3,4,5,6,7,8
7. Director of Plant Operations 1,2,3,4,5,6,7,8
8. Director of Collection System Operations 1,2,3,4,5,6,7,8
9. Controller 1,2,3,4,5,6,7,8
10. Capital Projects Division Manager 1,2,3,4,5,6,7,8
11. Environmental Services Division Manager 1,2,3,4,5,6,7,8
12. Plant Operations Division Manager 1,2,3,4,5,6,7,8
13. Human Resources Manager 1,2,3,4,5;6,7,8
14. Communication Services Manager 1,2,3,4,5,6,7,8
15. Purchasing and Materials Manager 1,2,3,4,5,6,7,8
16. Consultant* 1,2,3,4,5,6,7,8
17. Safety and Risk Management Administrator 1,2,3,4,5,6,7,8
18. Senior Control Systems Engineer 1,2,3,4,5,6,7,8
19. Process Control Engineer 1,2,3,4,5,6,7,8
20. Principal Engineer 2,3,4,5,6,7,8
21. Senior Engineer 2,3,4,5,6,7,8
22. Information Technology Administrator 1,4,5,6,7,8
23. Senior Materials Coordinator 4,5,6,7,8
24. Senior Buyer 4,5,6,7,8
25. Buyer 4,5,6,7,8
26. Material Services Supervisor 4,5,6,7,8
27. Plant Operations Superintendent 4,5,6,7,8
28. Field Operations Superintendent 4,5,6,7,8
29. Plant Maintenance Superintendent 4,5,6,7,8
30. Laboratory Superintendent 4,5,6,7,8
* The category of Consultants shall be included on the list of designated
employees and those Consultants who fall within the criteria described below
shall disclose pursuant to the broadest disclosure category in the Code, unless
the General Manager determines that a less broad category is appropriate.
A particular Consultant shall be treated as a "designated position" to the extent
that the Consultant (i) is either delegated specified decision-making authority or
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functions as an officer or.employee of the District, and/or (ii) the duties of the
Consultant can foreseeably materially affect private economic interests through
the exercise of his or her duties for the District. The General Manager shall
make a determination in writing when a particular Consultant falls within the
above-described criteria requiring the Consultant to be treated as a "designated
position." The General Manager's determination is a public record and shall be
retained for public inspection in the same manner and location as the Conflict of
Interest Code.
Designated employees shall file statements of economic interest with the
Secretary of the District, who shall make the statements available for public
inspection and reproduction. Upon receipt of the statements of the Board
Members, General Manager, Director of Administration, Director of Engineering
and Controller, the Secretary of the District shall make and retain a copy and
forward the original of these statements to the Chief Clerk of the Board of
Supervisors.
Other Officials Who Manage Public Investments
In accordance with Government Code Section 87200, certain District officials are
required to disclose, upon assuming and leaving office, and annually while in office,
their,investments, income, and interests in real property by way of Fair Political
Practices Commission (FPPC) Form.700, State of Economic Interests. Those positions
designated to file Form 700 are those "directing the investment of public monies,
formulating or approving investment policies, approving or establishing guidelines for
asset allocations, or approving investment transactions." It has been determined that
the positions listed below manage public investments and will file a Statement of
Economic Interests pursuant to Government Code Section 87200 (Form 700):
1. Member, Board of Directors
2. General Manager
3. Director of Administration
4. Director of Engineering
5. Controller
Disclosure Category Index
1 Investments
2 Interests in Real Property
3 Interests in Real Property and Investments Held by Business Entitles or Trusts
4 Income (Other than Gifts and Loans)
5 Income (Loans)
6 Income (Gifts)
7 Business Positions
8. Commission Income, Income and Loans to Business Entities or Trusts, and
Income from Rental Property