HomeMy WebLinkAboutMINUTES - 04251989 - S.7 S. 7
T& BOARD OF SUPERVISORS
FROM: Sunne Wright McPeak Contra
Costa
DATE: Introduced April 18 , 1989 for Action County
on April 25 , 1989
SUBJECT: Financial Interests of Members of State Solid Waste
Management Board
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION•
Request County Counsel, General Counsel for the State Solid
Waste Management Board, and the Attorney General to review
the financial interests of all members of the State Solid
Waste Management Board and (a) determine which members, if
any, have financial relationships with companies handling,
hauling or disposing garbage; and (b) determine which such
financial relationships constitute a conflict of interest by
members of the Solid Waste Management Board in voting on
matters affecting solid waste issues in Contra Costa County.
Further, request County Counsel to advise the Board of
Supervisors on appropriate action to be taken should it be
determined that any member of the Solid Waste Management
Board has a conflict of interest and has voted on matters
affecting solid waste issues in Contra Costa County.
BACKGROUND:
A local newspaper, the Martinez News Gazette, has reported
that one member of the State Solid Waste Management Board is
employed by a garbage company. If this circumstance exists,
it requires further and broader review to ensure unbiased
treatment of Contra Costa issues by the State Solid Waste
Board.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON APR 95 1QQ5APPROVED AS RECOMMENDED OTHER _
The above recommendation was approved after removing the Attorney General, from those
who are to be requested to provide the Board with information with respect to the financial
relationships of members of the State Solid Waste Management Board.
VOTE OF SUPERVISORS
A UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
CC: County Counsel ATTESTED _ APR 21 JR4
Community Development Phil Batchelor, Clerk of the Board of
County Administrator Supervisors and CountY Administrator
M382/7-83 BY ; DEPUTY
~ Marti News Gaze e, Ap it 12 , 9 � � :.
Waste— &, f 1 In Cuii i
By MARTHA E. TURE from participating in decisions with solid waste. reform act as it pertains to his
News-Gazette Staff Reporter which might financially benefit "They told me I couldn't vote situation," she said. "What the
At least one member of the his company. on any issue that would increase letter in summary.says is that as
Contra Costa Board of Super- Beautrow said he has voted on or decrease the value of the a public official he must avoid
visors has indicated that the every Contra Costa County solid Marsh Canyon site by $1 participating in or making d+-.6
board should ask the state At- waste issue that has come before million," Schroder said. "They sions that would .foreseeahl Y'
torney General to investigate a the state waste board within the said it's up to me,not the FPPC, have a significant financial effe,
member of the state Solid Waste past three years. to determine that $1 million on Waste Management of Norl.I,
!'Management Board for conflict "Nobody has ever asked me to would be the result of any board America.Because of his position.
of interest. recuse myself," Beautrow said. action. So I interpreted that as as a manager of Waste Manap.r-
Phillip A.Beautrow,who has "My position with Waste I had just better not vote on any . ment, he would be required to
been a member of the state Management has nothing to do of these matters.I wasn't aware disqualify himself from any deci-
waste board for 13 years, told with Contra Costa issues." that an employee of Waste sion of the board which would
the News-Gazette that he is the "I think we should raise (the Management was on the state foreseeably have a material
manager of landfill siting for possibility of conflict of interest) waste board. Wow." financial affect on the company.
Waste Management of North to the Attorney General and to Beautrow said that he sought 'Foreseeable' would be a
America, Inc., the company the state waste board counsel, an opinion on a possible conflict substantial likelihood that it
which owns the option on the investigate the backgrounds of from the FPPC in March, but See CONFLICT Page 2
proposed Marsh Canyon landfill all board members for conflict of
F y that the commission gave him From Pae 1
Site in the county. interest,and determine whether "just guidelines," he said. g
State law prohibits a member any actions taken to date have "I have conducted myself in a would occur, not simply a mere
if the state waste board from been improperly influenced," certain mode for the last 13 possibility.
participating in any board action said Supervisor Sunne McPeak. years, and I don't have any "He also could face dis- .
which .involves the member's Supervisor=Robert Schroder, reason to conduct myself any dif- qualification if there is the
-mployer.The law also says that whose insurance brokerage,un- ferently now," he said. likelihood that the decision will
-he Attorney General may til recently,handled the accountSandra Michiokuresult in $1 million or more
-emove a board member from of- of Valley Waste Management,a spokeswoman for the FPPC,, financial effect on the company,
'ice if it is determined that he Contra Costik waste hauler confirmed that the commission even if they don't appear direct-
ias knowingly violated the con- taken over by Waste Manag- wrote to Beautrow on March 6. ly in the action,"Michioku said.
lict of interest law. ment,was advised by the FPPC "The written advice given to Michioku also said that, like
In addition,the state Political under a complaint by the city of Beautrow involves informal ad- Schroder, it was Beautrow's
3eform. Act prohibits any Antioch to recuse himself from vice and discusses the conflict of responsibility to decide whether
3lected or appointed official all supervisorial actions dealing interest provision of the political Waste Management would be
— impacted $1 million worth or
more by any board decision.
Contra Costa needs permis-
sion to export garbage to Alta-
--- -- - - mont landfill, owned by Waste
"He's the one who has to Management,in order to satisfy
decide,"Michioku said."He has the state Solid Waste Manage-
to get the facts to determine if ment Board.If the county can't
the effect is $1 million or more. satisfy the state waste board,
If he doesn't choose to find out, the state may sue the county.
he could be in violation if the j Mary Lou Lucas, director of
decision violates the threshold of community affairs of Waste
$1 million." Management, said, "Waste
Some members of the board of Management is involved and is
supervisors believe that Waste meeting with the export com- no information on this and no
Management could potentially mittee. . . The current require- comment at this time on behalf
benefit from virtually any act of ment is that all Contry Costa of the AG's office:'
the state waste board which County waste must'go through Bob Conheim,attorney for the
slows down the .county's gar- a transfer station.That means it state waste board, said that he
bage timetable. goes through Acme. Those -advised the waste board on
"Any action which delays our rates,$47 a ton;are charged to _;conflict of interest"from time to
implementation of the county's 'i..Valley Waste, our subsidiary.
solid. waste,timetable has the The major stumbling block is 1�
I advised the board and Mr.
-potential of benefitting Waste paying$47 a ton plus-transpor- .:Beautrow as a member of the
Management," said Supervisor tation costs." board,"Conheim said.
Tom.Powers.. The Attorney General's office i When asked whether other
declined to comment on members of board might also be
Beautrow's possible conflict of in a conflict of interest,Conheim
interest.Bob Connett,assistant said ,"I don't think so,but I don't
Attorney General in charge of know on a current basis."
Natural Resources,said,"I have