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HomeMy WebLinkAboutMINUTES - 04211987 - 1.109 u4mu 10 Yt TO: BOARD OF SUPERVISORS FROM: LANDFILL SITING TASK FORCE Contra Costa DATE: March 24, 1987 County SUBJECT: ADOPTION OF CONFLICT OF INTEREST CODE FOR LANDFILL SITING TASK FORCE SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION Adopt the Conflict of Interest Code for the Landfill Siting Task Force. FINANCIAL IMPACT None. REASONS FOR RECOMMENDATION/BACKGROUND The Board of Supervisors on December 22, 1986 created the Landfill Siting Task Force. The Board requested County Counsel to report on whether a Conflict of Interest Code is necessary for the Task Force. On January 20, 1987 the Board of Supervisors requested County Counsel to prepare a draft Conflict of Interest Code for the Landfill Siting Task Force. The draft Conflict of Interest Code has been reviewed by the Landfill Siting Task Force. A public hearing was held on behalf of the Landfill Siting Task Force on March 17, 1987. No oral or written comments were received. At the March 17, 1987 meeting of the Landfill Siting Task Force, the Task Force adopted the code and recommended that the Board of Supervisors adopt the Conflict of Interest Code for the Landfill Siting Task Force. The Code was prepared by, and the procedures of approval were under the general direction of the County Counsel. DBOvpl C1:conflict.t3 CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEtDAITION OF JOAfID XhMM ITTEE APPROVE OTHER r SIGNATURE S ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE 130ARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. Orig.Dept:Community Development ATTESTED APR 21 1981 CC: County Administrator - .----------_.-..._-- Landfill Siting Task Force via CDD PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY M382/7-83 ,DEPUTY CONFLICT OF INTEREST CODE OF THE CONTRA COSTA COUNTY TASK FORCE ON LANDFILL SITING Section 100 . Purpose. Pursuant to the provisions of Government Code Section 87300 et seq. , the Contra Costa County Task Force on Landfill Siting (hereinafter "Task Force" ) 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 of the Task Force. Officers and employees holding those positions , other than those specified in Government Code Section 87200 , 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 "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 Executive Secretary, Community Development Department. 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. 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 transferred 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 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 positions . 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. 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 exceeds ten thousand dollars ( $10 ,000 ) , and whether it exceeds one __...hundred. ..th.ousand .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 general description, if any, of the source. If the gift was received through an -2- 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. 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 ) In the case of a business entity, 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 investments 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 decision or using their official position to influence the -3- making of any decision 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. -4- 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. 1. Designated employees in Category "1" must report: (a ) 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 iflocated 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. (b) 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 provide services , supplies , materials, machinery, or equipment to the County or the Task Force on Landfill Siting. 2 . Designated Employees in Category "2" 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 management in any business entity, which has within .the last two years contracted, or foreseeably may contract, with Contra Costa County to provide services , supplies, materials , machinery or equipment to the Task Force. EXHIBIT "A" Designated Positions Disclosure Category Members of the Task Force 1 & 2