HomeMy WebLinkAboutMINUTES - 03121985 - 2.6 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on March 12, 1985 , by the following vote:
AYES: Supervisors Powers, Schroder, McPeak, Torlakson, Fanden
NOES: None
ABSENT: None
ABSTAIN: None
' RESOLUTION NO. 85/130
SUBJECT: Marshal's Department of )
Contra Costa County )
Conflict of Interest Code )
This Board hereby DESIGNATES the Marshal's Department of Contra Costa
County as a local agency required to adopt a local Conflict of Interest Code.
The following departments are hereby deleted from the list of local agencies
required to adopt Conflict of Interest Codes and their Codes are repealed upon
the effective date of the Conflict of Interest Code of the Marshal's Department
of Contra Costa County: Marshal Bay Judicial District, Marshal Delta Judicial
District, Marshal Mt. Diablo Judicial District, Marshal Richmond Judicial
District, Marshal Walnut Creek-Danville Judicial District, Marshal West Judicial
District.
Pursuant to Government Code §87303, this Board hereby APPROVES the
Conflict of Interest Code submitted by the Marshal's Department of Contra Costa
County.
1 hereby certify that this Is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supervis re on the date shown.
ATTESTED: ,
PHIL BATCHELOR,Clerk of the Board
of Supervisors and County Administrator
,By
Dopr,+ly
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Orig. Dept.:
CC: County Counsel
County Administrator
Marshal ' s Department
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RESOLUTION NO. 85/130
CONFLICT, OF INTEREST CODE
OF THE
MARSHAL' S DEPARTMENT OF CONTRA COSTA COUNTY
Section 100 . Purpose. Pursuant to the provisions of
Government Code Sections 87300, et seq. , the Marshal 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. Except 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 of Contra Costa County.
Officers and employees holding those positions are designated
employees and are deemed to mace, 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.
Section .400 . Place and Time of Filing.
a. All designated employees required to submit a statement
of financial interest shall file the original with the Secretary
to the Marshal at the Walnut Creek office of the Marshal.
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b. In the case of agency heads and the members of boards
and commissions, the clerk or secretary of the agency which
receives the statement of financial interest shall make and
retain a copy and forward the original to the County Clerk of
Contra Costa County.
C. A designated employee required to submit a statement
of financial interest shall submit an initial statement within
30 days after the effective date of this Code.
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CONFLICT OF INTEREST CODE ;
Marshal ' s Department
Page 2
d. All designated employees shall file initial statements
within 30 days after assuming the designated position or, if
subject to State Senate confirmation, thirty days after being
appointed or nominated. Each person already holding a position
when it is first designated by an amendment to a local code shall
file an initial statement within 30 days after the effective
date of the amendment.
e. Merit System employees appointed, promoted, or trans-
ferred to the designated positions shall file initial statements
within 30 days after date of employment.
f. Annual statements shall be filed during the month of
February by all designated employees . Such statements shall
cover the period of the preceding calendar year. Closing state-
ments shall be filed within 30 days of leaving a dE .-ignated
position. Such statements shall cover the period from the
closing date of the last statement filed to the date of leaving
the position.
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 statement filed
with the other agency in lieu of an entirely separate document.
I Section 500 . Contents of . Disclosure Statements. Disclosure
E statements shall be made on forms supplied by the Clerk of
! Contra -Costa County, and shall contain the following information:
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a. Contents of Investment and Real Property Reports :
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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
I each investment is held and a general
description of the business activity in
I which the business entity is engaged;
(3) The address or other precise location of ,
the r•2al property;
(4) ; A st::tement whether the fair market value
of the investment or interest in real
: property exceeds ten thousand dollars
($10 , 000) ,. and whether it exceeds one
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CONFLICT OF INTEREST CODE
Marshal ' s Department
Page 3
hundred thousand dollars ($ 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 filer.
b. Contents of Personal Income Reports :
When a personal income is required to be reported, the
Statement shall contain:
(1) The name and address of each source of
income aggregating fifty dollars ($50)
or more in value if the income was a gift
and a ger lz—a1 description, if any, of the
source. If the gift was received through
an internieFliary, the name, address, and
business activity of both the donor and
the intermediary must be disclosed.
( 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 State-
ment shall contain: j
(1) The name, address , and a general description
of the business activity of the business
entity; i
(2) In the case of a bus .ness entity which pro-
vides legal or broke -,.-age services, the name
,of every person who !)aid fees when fees
from such person waLs equal to or ?rester
than one thousand dollars ($1, 000) ;
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CONFLICT OF INTEREST CODE
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(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 if the filer' s prorata
share of gross receipts from such person
was 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 invest-
ments and interests in real property.
f . Acquisition or Disposal During Reporting Period:
In the case of a Statement filed under Section 400f,
if the investment or interest in real property was partially
or wholly acquired or disposed of during the period covered by
the Statement, the date of acquisition or disposal shall be
required.
Section 600. Disqualification. 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 with respect
to any matter which could not be legally acted upon or decided
without his participation.
Section 700. Super,cessions. This Conflict of Interest
Code will, upon its effective date, supersede the Codes
previously enacted for the following:
Marshal 's Office, Bay Judicial District
Marshal 's Office, Walnut Creek-Danville Judicial District
Marshal ' s Office, Mt. Diablo Judicial District
Marshal 's Office, Delta Jhdicial District
Marshal 's Office, Richmond Judicial District
Marshal ' s Office, West Judicial District
CONFLICT OF INTEREST CODE i- Exhibit "A"
Marshal' s Department
EXHIBIT "A"
Designated Positions Disclosure Category
Marshal 1 & 2
Assistant Marshal 1 & 2
Sergeant 1 & 2
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CONFLICT OF INTEREST CODE I- Exhibit "B"
Marshal ' s Department
EXHIBIT "B"
Disclosure Categories
General Rule
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 CATEGORY " 1" MUST REPORT:
All investments, interests in real property, income,
and any business entity in which the person is a director,
officer, partner, trustee, employee, or holds any position of
management. Financial interests are reportable only if located
within Contra Costa County, or if the business entity is doing
business or planning to do business in the County (and such
plans are known by the designated employee) or has done bus-
iness within the County at any time during the two years prior
to the filing of the Statement.
DESIGNATED EMPLOYEES IN CATEGORY "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 has within the last two years contracted,
or forseeably may contract, with Contra Costa County to pro-
vide services, supplies, materials, machinery, or equipment
to the County. '
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