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HomeMy WebLinkAboutMINUTES - 10142008 - SD.3 HA .. 1 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA TO: BOARD OF COMMISSIONERS FROM: Joseph Villarreal, Executive Director DATE: October 14-2008 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 requires that a federal "grantee's or subgrantee's officers, employees or agents will neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to subagreements. Grantee and subgrantees may set minimum rules 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 proposed policy was developed. 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. CONTINUED ON ATTACHMENT: X—YES SIGNATURE `:2 � J Joseph Villarreal,Executive Director RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON deo ROVED X O R VOTE OF COMMISSIONERS. DIRECTED that this proposal return in one month . I HEREBY CERTIFY THAT THIS IS A X—UNANIMOUS (ABSENT J�Z— . ) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF COMMIS ONERS ON THE DATE SHOWN. ATTESTED JO Piff VILLARREAL,CLERK OF THE BOARD OF COMMISSIONERS AND EXECUTIVE DIRECTOR BY �Y H:\Board Orders\October 2008\BO-Gift Policy.doc 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: To protect the integrity of the Housing Authority,to provide guidelines to officers, employees and agents of the Authority and to meet the requirement of federal and State law. II. Application: Except as otherwise provided herein or in applicable memoranda of understanding, these policies and procedures shall apply to all Housing Authority officers,employees and agents. This policy is concerned with gifts from contractors (including Section 8 owners), potential contractors, or parties to sub-agreements as well as gifts from Section 8 and public housing clients and persons on the wait list for these programs. III. Policy: No officer, employee or agent 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. In general, a nominal gift;of less than$50 in value that was not solicited by an officer, employee or agent of the Housing Authority, and which can be and is shared with all employees and/or the public, may be considered acceptable. Employees are expected to exercise good judgment before accepting any gift. In no circumstances shall an officer, employee or agent of the Housing Authority accept gifts of cash or alcohol. Where a gift with a value,,greater than$50 is delivered, then the regulations of the California Fair Political Practices Commission concerning reporting, return, donation, or reimbursement of a gift shall be followed. The Executive Director shall be notified in all cases where a gift of greater than $50 is received. 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. Employees must be sure that they do not accept gifts in violation of the gift limits imposed by the California Political Reform Act(California Code of Regulations, Title 2, §18940.2).