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HomeMy WebLinkAboutMINUTES - 05201986 - 1.72 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on May 20, 1986 , by the following vote: AYES: Supervisors Fanden, McPeak, Schroder , Torlakson, Powers . NOES: None . ABSENT: None. ABSTAIN: None . RESOLUTION NO. 86/279 SUBJECT: General Services Department ) of Contra Costa County ) Conflict of Interest Code ) This Board hereby DESIGNATES the General Services Department of Contra Costa County as a local agency required to adopt a local Conflict of Interest Code. Pursuant to Government Code Section 87303, this Board hereby APPROVES the Conflict of Interest Code submitted by the General Services Department of Contra Costa County. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supery ors on the date shown. ATTESTECI: PHIL SATCHEL , Clark cf ?tie Board of Supervisors and Couat-y Adm€nistrator By , Deputy Orig. Dept.: CC: County Counsel County Administrator General Services Department A s:s e s-s;or RESQLUTIgN NO. 85/279- COUNTY COUNSEL'S OFFICE dr"�° 4�" CONTRA COSTA COUNTYa` F .1L'i s �3� C� MARTINEZ, CALIFORNIA Date; May 9, 1986M AY 13 1986 To: Clerk, Board of Supervisors ` r r From: Victor J. Westman, County Counsel By: Elizabeth B. Hearey, Deputy County Counsel Re: Conflict of Interest Code of the General Services Department Attached hereto is a Conflict of Interest Code for the General Services Department. It is approved as to form. Please place this matter on the Board of Supervisors' agenda as requested by the General Services Department in their April 29, 1986 memo to us, a copy of which is attached. A draft Board Order is likewise attached. EB H:is cc: General Services Administrator REUL M AYa 1986 I PHIL BP.TCHEL ERy`y0 Cr E L�OARD c T DA `• B Cr��1 GENERAL SERVICES DEPARTMENT 651 Pine Street, 6th Floor Martinez , California 94553 372-4920 APR 1986 DATE: April 29, 1986 Martinez, CA 94550 TO: Victor J. Westman, __County, Counsel Attention: El zabeth' B. Heareyr, `Deputy County Counsel FROM: Barton J. Gilbert General Services Director By: Kathy Brow Wdministrative Services Officer SUBJECT: Adoption of Conflict of Interest Code for General Services Department Following notice to employee organizations, officers and employ- ees, notice to appropriate news media, and posting of notice and draft Code in the Court House and lobby of 651 Pine Street, a public hearing was conducted on the General Services Department proposed Conflict of Interest Code. No comments were received in writing; no one attend the public hearing. The final draft of the Department' s Code is attached for your review and submission to the Board of Supervisors for approval. If there is anything further that we need to do, please advise. KB:dcg Attachment r REcF T r►�AY 196 h ; .a, CONFLICT OF INTEREST CODE OF THE GENERAL SERVICES DEPARTMENT OF CONTRA COSTA COUNTY SECTION 100. Purpose. Pursuant to the provisions of Government Code Sections 87300, et seq., the General Services Department, 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 et seq.) . The provisions of this Code are additional to Government Code Section 87100 et seq. 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. Officers and employees holding those positions are designated employees and are deemed to make, 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 111311. 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 interests shall file the original with the Executive Secretary. (b) In the case of agency heads and the members of the boards and com- missions, the Executive Secretary shall make and retain a copy and forward the original to the Clerk of the Board of Supervisors. (c) All designated employees employed by the agency on the effective date of this Code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within thirty days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this Code shall file an initial statement within thirty days after the effective date of the amendment. Employees appointed, promoted or transferred to designated positions shall file initial statements within 30 days after date of employment. (d) 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 statements shall be filed within 30 days of leaving a designated position. Such statements, shall cover the period from the closing date of the last statement filed to the date of leaving the position. (e) A designated employee required to file a statement of financial interest with any other agency, which is within the same territorial jurisdic- tion, 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 docu- ment. SECTION 500. Contents of Disclosure Statements. Disclosure statements shall be made on forms supplied by the Clerk of Contra Costa County, and shall contain the following information: (a) Contents of Investment and Real Property Reports: 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 each investment is held, and a general description of the business activity in which the business entity is engaged; (3) The address or other precise location of the real property; (4) A statement whether the fair market value of the investment, or interest in real property, equals or exceeds one thousand dollars ($1,000) , ten thousand dollars ($10,000) , or one 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 personal income is required to be reported, the statement shall contain: (1) The name and address of each source of income aggregating two hundred and fifty dollars ($250) or more in value, or fifty dollars ($50) or more in value if the income was a gift, and a general description of the business activity, if any of each source. In the case of a gift received through an intermediary, 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; (5) In the case of a loan, the annual interest rate and the security if any, given for the loan. (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 statement shall contain; (1) The name, address, and a general description of the business activity of the business entity; (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 posi- tion shall disclose any reportable investments and interests in real property. (f) Acquisition or Disposal During Reporting Period: In the case of a statement filed under Section 400(d), 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. SECTION 600. Disqualification. Designated employees must disqualify them- selves from making or participating in the making of or using their official position to influence the making of any decisions in which they have a report- able 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. EXHIBIT "A" Desi ated Positions Disclosure Category Director of General Services 1 & 2 Administrative Services Officer 1 & 2 Assistant Director of General Services 1 & 2 Building and Grounds Manager 1 & 2 Building Maintenance Manager 1 & 2 General Trades Supervisor 3B, & C Mechanical Trades Supervisor 3B & C Electrical Trades Supervisor 3A, B, & C Central Service Manager 1 & 2 Duplicating Services Supervisor 3E, J, & K Microfilm Production Supervisor 3E, J, & K Supply and Distribution Supervisor 3E, J, & K Fleet Manager 1 & 2 Fleet Service Center Supervisor 3C, E, F, & G Fleet Supervising Storekeeper 3C, E, F, G, & H Purchasing Manager 1 & 2 Buyer I 1 & 2 Buyer II 1 & 2 Lease Manager 1 & 2 Associate Real Property Agent 1 & 2 Assistant Real Property Agent 3A, B, C, D, H, & I Supervising Architectural Engineer 1 & 2 Senior Architectural Engineer 1 & 2 Associate Architectural Engineer 3B, C, D, H, & I Assistant Architectural Engineer 3B, C, D, H, & I Senior Architectural Engineer--Project 1 & 2 Special Project Architectural Engineer--Project 1 & 2 Telecommunications Manager 1 & 2 Communications Manager 1 & 2 Grounds Maintenance Superintendent 1 & 2 Assistant Grounds Maintenacnce Superintendent 1 & 2 Chief Operating Engineer 1 & 2 Custodial Superintendent 1 & 2 Assistant Custodial Superintendent 3B Supervising Accountant I 1 & 2 Supervising Window Washer 3B Fleet Equipment Specialist 3F & G Departmental Account Clerk Manager 1 & 2 i EXHIBIT "B" Disclosure Categories 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. Desi ated-Employees in Group 111" must report: All investments, interests in real property and 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 business within the County at any time during the two years prior to the filing of the statement. Designated Em to ees in GrouR 112" must report: Investments in any business entity, income from any source and status as a director, officer, partner, trustee, employee, or holder of a position of mana- gement in any business entity, which, within the last two years has contracted, or in the future foreseeably may contract with Contra Costa County to provide services, supplies, materials, machinery or equipment. Desi ated Employees in Grou2 113" must report: Investments in any business entity, income from any source and status as a director, officer, partner, trustee, employee, or holder of a position of mana- gement in any business entity which, within the last two years, has contracted or in the future foreseeably may contract with the Contra Costa County General Services Department to provide services, supplies, materials, machinery or equipment which are related to one of the following areas: A Communications Systems and Equipment B County Buildings - Maintenance and Repairs C County Buildings - Design & Construction D County Grounds - Maintenance and Landscaping E Office Supplies & Equipment F Motor Vehicles & Equipment G Motor Vehicle Parts H Petroleum Products I Property Development or Management J Purchasing K Printing CONFLICT OF INTEREST CODE OF THE GENERAL SERVICES DEPARTMENT OF CONTRA COSTA COUNTY SECTION 100. Purpose. Pursuant to the provisions of Government Code Sections 87300, et seq. , the General Services Department, 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 et seq.) . The provisions of this Code are additional to Government Code Section 87100 et seq. 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. Officers and employees holding those positions are designated employees and are deemed to make, 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 111311. 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 interests shall file the original with the Executive Secretary. (b) In the case of agency heads and the members of the boards and com- missions, the Executive Secretary shall make and retain a copy and forward the original to the Clerk of the Board of Supervisors. (c) All designated employees employed by the agency on the effective date of this Code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within thirty days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this Code shall file an initial statement ,within thirty days after the effective date of the amendment. Employees appointed, promoted or transferred to designated positions shall file initial statements within 30 days after date of employment. (d) 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 statements shall be filed within 30 days of leaving a designated position. Such statements, shall cover the period from the closing date of the last statement filed to the date of leaving the position. (e) A designated employee required to file a statement of financial interest with any other agency, which is within the same territorial jurisdic- tion, 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 docu- ment. ocu- ment. SECTION 500. Contents of Disclosure Statements. Disclosure statements shall be made on forms supplied by the Clerk of Contra Costa County, and shall contain the following information: (a) Contents of Investment and Real Property Reports: 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 each investment is held, and a general description of the business activity in which the business entity is engaged; (3) The address or other precise location of the real property; (4) A statement whether the fair market value of the investment, or interest in real property, equals or exceeds one thousand dollars ($1,000) , ten thousand dollars ($10,000) , or one 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 personal income is required to be reported, the statement shall contain: (1) The name and address of each source of income aggregating two hundred and fifty dollars ($250) or more in value, or fifty dollars ($50) or more in value if the income was a gift, and a general description of the business activity, if any of each source. In the case of a gift received through an intermediary, 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; (5) In the case of a loan, the annual interest rate and the security if any, given for the loan. (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 statement shall contain; (1) The name, address, and a general description of the business activity.of the business entity; (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 posi- tion shall disclose any reportable investments and interests in real property. (f) Acquisition or Disposal During Reporting Period: In the case of a statement filed under Section 400(d), 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. SECTION 600. Disqualification. Designated employees must disqualify them- selves from making or participating in the making of or using their official position to influence the making of any decisions in which they have a report- able 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. EXHIBIT "A" Desi ated Positions Disclosure Category Director of General Services 1 & 2 Administrative Services Officer 1 & 2 Assistant Director of General Services 1 & 2 Building and Grounds Manager 1 & 2 Building Maintenance Manager 1 & 2 General Trades Supervisor 313, & C Mechanical Trades Supervisor 3B & C Electrical Trades Supervisor 3A, B, & C Central Service Manager 1 & 2 Duplicating Services Supervisor 3E, J, & K Microfilm Production Supervisor 3E, J, & K Supply and Distribution Supervisor 3E, J, & K Fleet Manager 1 & 2 Fleet Service Center Supervisor 3C, E, F, & G Fleet Supervising Storekeeper 3C, E, F, G, & H Purchasing Manager 1 & 2 Buyer I 1 & 2 Buyer II 1 & 2 Lease Manager 1 & 2 Associate Real Property Agent 1 & 2 Assistant Real Property Agent 3A, B, C, D, H, & I Supervising Architectural Engineer 1 & 2 Senior Architectural Engineer 1 & 2 Associate Architectural Engineer 3B, C, D, H, & I Assistant Architectural Engineer 3B, C, D, H, & I Senior Architectural Engineer--Project 1 & 2 Special Project Architectural Engineer--Project 1 & 2 Telecommunications Manager 1 & 2 Communications Manager 1. & 2 Grounds Maintenance Superintendent 1 & 2 Assistant Grounds Maintenacnce Superintendent 1 & 2 Chief Operating Engineer 1 & 2 Custodial Superintendent 1 & 2 Assistant Custodial Superintendent 3B Supervising Accountant 1 1 & 2 Supervising Window Washer 3B Fleet Equipment Specialist 3F & G Departmental Account Clerk Manager 1 & 2 EXHIBIT "Bn Disclosure Categories 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. Desi ated Employees in Groue 111" must re ort: All investments, interests in real property and 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 business within the County at any time during the two years prior to the filing of the statement. Desi ated Employees in GrouR 112" must re ort: Investments in any business entity, income from any source and status as a director, officer, partner, trustee, employee, or holder of a position of mana- gement in any business entity, which, within the last two years has contracted, or in the future foreseeably may contract with Contra Costa County to provide services, supplies, materials, machinery or equipment. Desi ated Employees in Group 113" must re ort: Investments in any business entity, income from any source and status as a director, officer, partner, trustee, employee, or holder of a position of mana- gement in any business entity which, within the last two years, has contracted or in the future foreseeably may contract with the Contra Costa County General Services Department to provide services, supplies, materials, machinery or equipment which are related to one of the following areas: A Communications Systems and Equipment B County Buildings - Maintenance and Repairs C County Buildings - Design & Construction D County Grounds - Maintenance and Landscaping E Office Supplies & Equipment F Motor Vehicles & Equipment G Motor Vehicle Parts H Petroleum Products I Property Development or Management J Purchasing K Printing