HomeMy WebLinkAboutMINUTES - 12092008 - D.2 (2) HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
TO: BOARD OF COMMISSIONERS
FROM: Joseph Villarreal, Executive Director
DATE: December 9, 2008
SUBJECT: Gift Policy
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION:
APPROVE the proposed Gift Policy.
II. FINANCIAL IMPACT:
None.
III. REASONS FOR RECOMMENDATION/BACKGROUND
The U.S. Code of Federal Regulations, title 24, part 85, section 36 prohibits a federal grantee's or
subgrantee's officers and employees from soliciting or accepting gratuities, favors or anything of
monetary value from contractors, potential contractors, or parties to subagreements. As a grantee,
the Authority is permitted to set minimum rules covering the receipt of gifts where the financial
interest is not substantial or the gift is an unsolicited item of nominal intrinsic value.
Likewise, California Government Code Section 89503 currently prohibits state and local officials and
employees who must file a Statement of Economic Interest (Form 700) under an agency's conflict of
interest code from accepting gifts valued at more than $390 from any single source in any calendar
year if the official or employee would be required to report the receipt of income or gifts from that
source on their Statement of Economic Interests.
A recent review of the Authority's personnel policies and procedures revealed that the Authority does
not have a Gift Policy. Therefore, the attached proposed policy was developed.
The Authority's proposed policy is designed to supplement state and federal law regarding gift
regulations. It is intended to protect the integrity of the Housing Authority by providing guidelines to
officers and employees of the Authority on the solicitation and receipt of gifts.
Per the Board's discussion at the October meeting, a copy of the Authority's Conflict of Interest Code
has been attached to this Board Order for review.
CONTINUED ON ATTACHMENT: X YES SIGNATURE
1 Joseph Villarreal,Executive Director
RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD
COMMITTEE
!, APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPRO ED AS RECOMMENDED OTHER
VOTE OF COMMISSIONERS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
COMM NERS ON THE DATE SHOWN.
ATTESTE ,�{
JOSEPH VILLARREAL,CLERK OF
THE BOARD OF COMMISSIONERS
AND EXECUTIVE DIRECTOR
DEPUTYH:UudyHayes\MSOFFICE\WINWORD\BOARD\BO-Gift Policy.doc
IV. CONSEQUENCES OF NEGATIVE ACTION:
Should the Board not approve this policy then the Authority's Board, staff and the agents will not have
clear parameters outlining when gifts may or may not be accepted.
HOUSING AUTHORITY of the Section 04.10
COUNTY of CONTRA COSTA
Personnel Policies & Procedures
Gift Policy Approved: 00/00/00
Revised: 00/00/00
Reviewed: 00/00/00
I. Purpose:
This policy is designed to supplement state and federal law regarding gift regulations. It is intended to
protect the integrity of the Housing Authority by providing guidelines to officers and employees of
the Authority on the solicitation and receipt of gifts.
II. Application:
These policies and procedures shall apply to all Housing Authority officers and employees and are in
addition to any requirements of state and federal law.
III. Policy:
No officer or employee of the Housing Authority shall solicit gratuities, loans, favors or anything
of monetary value from contractors,potential contractors, parties to sub-agreements, any person
on the Authority's Section 8 or public housing programs or any person on a wait list for either of
these programs. J
The total amount of gifts that each Housing Authority officer, employee, or agent may receive
within a calendar year shall not exceed $50. Gifts that are shared with all employees and/or the
public will not be subject to the $50 limitation. Employees are expected to exercise good
judgment before accepting any gift.
In no circumstance shall an officer or employee of the Housing Authority accept gifts of cash or
alcohol. Gifts of cash or alcohol of any value that are delivered will be returned. The Executive
Director shall be notified in all cases where a gift of cash or alcohol of any value is delivered.
All Housing Authority officers and employees are required to sign the acknowledgement below.
I have received a copy of the Gift Policy of the Housing Authority of the County of Contra
Costa for my records and I have read and understand the Gift Policy.
Name (print):
Signed:
Date:
A copy of this signed policy will be kept by the Administrative Services Officer for all Officers
of the Authority and in the Personnel File for each employee of the Authority.
Exhibit A
Exhibit A(Continued)
DESIGNATED POSITION/
CLASSIFICATIONS DISCLOSURE CATEGORY
Unit Inspector 1 &2
Family Self Sufficiency Coordinator/Analyst 1 &2
Housing Development Officer 1 &2
Housing Technical Officer I & 2
Resident Services Manager 1 &2
Recreation Director I &2
Housing Rehabilitation Officer I & 2
Resident Manager 1 &2
Personnel Policies&Procedures EMPLOYEE RELATIONS:Page 23 of 25