HomeMy WebLinkAboutMINUTES - 03281989 - 1.74 'rob, BOARD OF SUPERVISORS -
FROM: Victor J. Westman, County Counsel C=tr
By: Mary Ann McNett, Deputy County Counsel
DATE: March 17, 1989 Cowa
c0i '•1
SUBJECT: Amendment to Mt. Diablo Hospital Conflict of Interest Code v
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
Recommended Action:
Approve amendment of the Mt. Diablo Hospital District
Conflict of Interest Code to substitute sections 400(c) , (f ) ;
500(a) (4 ) , (b) ( 1 ) , ( 2) , (5) and Exhibit A to said code, as shown
on the attached Resolution of the Mt. Diablo Hospital District of
the County of Contra Costa.
Background:
The Mt. Diablo Hospital District has adopted the attached
amendments to its code and submitted them to the Board for
approval pursuant to Government Code sections 87303 and 87306 .
MAM/jh
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S1: p p
ACTION OF BOARD ON March 2 8, .1( APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT --- AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT; . ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: County Administrator ATTESTED March 28, 1989
Mt . Diablo Hospital District PHIL BATCHELOR, CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
M382/7-83 BY ,DEPUTY
LAW Of VIC E:5
RICHARD L.N0HH4!. Noi?ul-i AM) Nouitis
MELANIE Rt_Yf`40LL)t. 140111111"
M.JEFFREY MICKLA5 HILLTOP' OFFICE PARK TELEPHONE
DOUGLAS C. SlInAUti 3$260 ULUME 0141VE, t,LJIIL "kJO eee 2100
CY LPSILIN RICHMOND. CAL11`014NIA U4000 iJU-4 FACSIMILE
COLIN J.COFFEY
222-5992
JOS#IUA G.GENSER
SUSAN K. NORRIS 7
S. MARIE HARTSFIELO
PERRY R OLI
MATTHEW E. M,CABE county counsel
OCEwWtELi FMl LAW SYLCLIST MAR,'.10 1989 March 8 , 1989
Martinez, CA 94553
Clerk of the Board of Supervisors
Contra Costa County
651 Pine Street
Martinez , California 94553
Re: Mt. Diablo Hospital District Conflict of Interest Code
Dear Clerk of the Board:
The Mt. Diablo Hospital District Board of Directors and its
management have undertaken a review of their existing Conflict of
Interest Code, as required under the Political Reform Act of 1974
(California Government Code Sections 81000, et sea. ) . It has
been well over ten (10) years since the Hospital District had
undertaken a comprehensive review of its existing !Conflict of
Interest Code.
Enclosed herein please find a copy of the Resolution
approved by the Board of Directors of the Hospitai District
concerning specified amendments to the District's lConflict of
Interest Code. Attached to the Resolution is a copy of the
District's Conflict of Interest Code, with deleted language lined
out and added language underlined. The deletionsland additions
contained in these amendments to the District's Code reflect
statutory changes occurring since enactment of the Political
Reform Act. Additionally, Exhibit "All to the District's code has
been completely revised to eliminate numerous previously
designated positions, some of which are no longer in existence,
and some of which now have no actual involvement in situations
giving rise to potential conflicts. The pre-existing Exhibit "All
is also enclosed.
Clerk of the Board of Supervisors
March 8, 1989
Page two
Under Section 87306 of the Government Code, the Mt. Diablo
Hospital District is required to obtain approval by the Board of
Supervisors of any amendments to its Conflict of Interest Code.
The Board of Supervisors is designated as the Hospital District's
code reviewing body by Section 82011 of the Government Code.
Please place the Hospital District's proposed changes to its
Conflict of Interest Code on the Board 's agenda for approval . If
there are any questions regarding this matter, please contact the
undersigned.
Very truly yours,
N FtRIS ND IS
BY COLIN J. COFFIN
General Counqa-k—
Mt. Diablo Hospital District
CJC:kw
cc w/ encl : Victor Westman, County Counsel
BEFORE THE BOARD OF DIRECTORS OF THE
MT. DIABLO HOSPITAL DISTRICT
In the Matter of Approving
Amendments to District
Conflict of Interest Code Resolution No.
WHEREAS, pursuant to the Political Reform Act of 1974
(California Government Code Sections 81000, et seq._) the Mt.
Diablo Hospital District has adopted a Conflict of Interest Code
designating employment positions requiring disclosure of certain
financial interests; and
WHEREAS, pursuant to Government Code Section 87307 the
Board of Directors of the Mt . Diablo Hospital District wish to
amend its existing Conflict of Interest Code to reflect changing
statutory requirements and the creation of new employment
positions and elimination of other employment posiitions;
WHEREAS, attached hereto is a copy of the District 's
Conflict of Interest Code with additions to the Code underlined
and deletions from the code crossed out, and Exhibit "All thereto
being completely revised.
NOW, THEREFORE, BE IT RESOLVED, by the Board of
Directors of the Mt. Diablo Hospital District that the amended
Conflict of Interest Code is hereby adopted and shall be
forwarded to the Contra Costa Board of Supervisors for approval .
PASSED AND ADOPTED this 4th day of October_, 1988, by
the following vote:
AYES: Directors:
NOES : Directors:
ABSENT: Directors:
CHAIRMAN OF THE BOARD OF DIRECTORS
SECRETARY OF THE BOARD OF DIRECTORS
CONFLICT OF INTEREST CODE
OF THE
MT. DIABLO HOSPITAL DISTRICT OF THE COUNTY OF, CONTRA COSTA
SECTION 100. Purpose. Pursuant to the provisions of
Government Code, Section 87300, et seq. , the Board of Directors
of the Mt. Diablo Hospital District 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 "All 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 11B. 11 Each designated employee shall file an
annual statement disclosing that employee's interest in
investments, business positions, real property, and income
designated as reportable under the category to which the
employee's position is assigned on Exhibit 11B. 11
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
Secretary of the Board of Directors.
(b) The Secretary of the Mt. Diablo Hospital District,
upon receiving the statement of financial interest, shall make
and retain a copy , and forward the original. to the Clerk of the
Board of Supervisors.
(c) A-de-%ignabe4-employee-requireel-to-attbm it-a
All
designated employees shall file initial statements within 30 days
after assuming the designated position. Each person already
holding a position when it is first designated by an amendment to
this Code shall file an initial statement within 30 days after
the effective date of the amendment.
trans ferred-to--des kgnate,&-positions-shall--file-initial--statement
wit-him-a&-days-after--date
net,-1-ea!w-than-1-0-d&yek-beFore-&5suming--of fkee;--ttml-ess-art-earl-ker
a.-tattmption-of--of
whieh--ease;--the-statement-sh&11--be-fkle4-within-a&--days
thereafter.
(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.
(e) 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.
( f) A designated employee who leaves his/he
designated position shall file a statement within 30 days of
leavina. which statement shall cover the period between the
closing date of the last statement required to be filed and the
date of leaving the position.
SECTION 500. Contents of Disclosure Statement. Disclosure
statements shall be on forms supplied by the Secretary of the
-Board of Directors 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, exeeeda-ten
equals or exceeds one thousand
dollars ( 1, 000. 00) but does not exceed ten thousand dollars
($10, 000.00) , whether it exceeds ten thousand dollars
does not exceed one hundred thousand dollars
j3100, 000 . 00) . or whether it exceeds one hundred thousandithousand
($1.00,000. 00) dollars. 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 ($250. 00) dollars or more in
value, or dollars or more in
value if the income was a gift, and a general description of the
business activity, if any, of each source;
(2) A statement whether the aggregate value of
income from each source waa--greater-than-one
do 11-&ra-and-whether-..i+-ware-g renter-than-ten-thou.�artd-
or in the case of a loan, the highest amount owed to
each source, was at least two hundred fifes dollars ($250. 00) but
did not exceed one thousand dollars ($1. 000. 00) , whether it was
in excess of one thousand dollars ($1 . 000. 00)- but was not greater
than ten thousand dollars ($10. 000.00) , or whether it was greater
than ten thousand dollars ($10, 000. 00) .
(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 secUir-ity. if any,—given for the loan.
(c) Contents of Business Entity Inc6me 'Reports:
When income of a business entity, including income of a sole
proprietorship, is required to be reported, the statement shall
contain:
(I) The name, address, and a general description
of the business activity of the business entity;
(2) In the case of a business entity which
provides legal or brokerage services, the name of every person
who paid fees to the business entity if the filer 's prorata share
of fees from such person was equal to or greater than one
thousand ($1 , 000. 00) dollars;
(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 ($10, 000.00) dollars 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 400 (f) ,
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 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.
EXHIBIT "A"
DESIGNATED POSITIONS DISCLOSURE CATEGORY
Board of Directors 1 & 2
President and Chief Executive Officer 1 & 2
Senior vice President 1 & 2
Vice Presidents of Administration I & 2
Vice President of Finance 1 & 2
Vice President Strategic Planning and Marketing 1 & 2
Vice President of Human Resources 1 & 2
Vice President of Medical Staff I & 2
Vice President of Communication and Development I & 2
Assistant to the CEO and Board of Directors 2
Vice Presidents Material Management 2
Vice Presidents Plant Operations 2
EXIII BIT "B"
Designated Employees in Group "1" must report:
All investments, interests, in real property, income,
including gifts 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 the County of Contra Costa 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 Employees in Group 1211 must report:
Investments in any business entity and income, including
gifts from any source, and status as a director,income, including
partner, trustee, employee, or holder of a positioln of management
in any business entity, which, within the last two years has
contracted or in the future foreseeably may contrajct with the Mt.
Diablo Hospital District to provide services, supplies,,
materials, machinery, or equipment.
1 •
y
EXHIBIT "7,"
DES t Gr�A1 PL I'US 2 T1:�N:� Dl"—C7LOSURE CATEGORY
Directu.rs
Administrator 1 & 2
Assistant Adminikttrator 1 & 2
Aciminis trat.ive Asasistant 1 & 2
Director of Finance 1 & 2
EXeCutivt, Secretary 2
Materials Engineer. 2 >-� '°-'"r = •# '
Director of 2
Chief of Maintenance I 2
1
Chief or Pbormazy 6 2
Director of Nursing 2
Executive Hcwsakeepar 2
Personnel Director Il & 2
X-Rdy Chief Techliologist 2
X-Ray Engineer Z
Laboratory Chief Technologist 2
Public Relatiinw Director 1 & 2
Chief of Biomedical Engineering 2 ���.+,,., N 4tt�iti' 1>�
Chief of Plant~ Operation 1 & 2
D.j.ZE=CtoZ of Ts3tsa Processing 2
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