HomeMy WebLinkAboutMINUTES - 05161989 - 1.69 TO> BOARD OF SUPERVISORS
t~Raai;, Victor J. Westman, County Counsel C=tra
By: Mary Ann McNett, Deputy County Counsel CWLQ
DATE: May 9, 1989 V`,'^
SUBJECT: Moraga Unified School District Conflict of Interest Code
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
Approve amendment of the Moraga School District Code to
substitute section 600 and and Exhibit A to said code, as shown
on the attached code adopted April 25, 1989 by the Moraga Unified
School District.
Revise the attached conflict of interest code to delete
section 500(a) (4 ) . Substitute new section 500(a) (4) to read:
(4 ) A statement whether the fair market
. value fo the investment or interest in
real property equals or exceeds one
thousand dollars ( $1,000) but does not
exceed ten thousand dollars ($10,000 ) ,
whether it exceeds ten thousand dollars
( $10, 000 ) but does not exceed one
hundred thousand dollars ($100,000 ) , or
whether it exceeds one hundred thousand
dollars ( $100, 000) . This information
need not be provided with respect to an
interest in real property which is the
principal residence of the filer or any
other property which the filer utilizes
exclusively as the personal residence of
the filer.
Delete section 500(b) (2) . Substitute new section 500(b) (2)
to read:
( 2) A statement whether the aggregate value
of income from each source, or in the
case of a loan, the highest amount owed
to each source, was at least two hundred
fifty dollars ($250) but did not exceed
one thousand dollars ($1,000) , whether
it was in excess of one thousand dollars
( $1 ,000) but was not greater than ten
thousand dollars ($1,000) , or whether it
was greater than ten thousand dollars
($10,000 ) ;
CONTINUED ON ATTACHMENT: _ YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE S : n
ACTION OF BOARD ON MAY -I f 1489 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I 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 BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: County Administrator ATTESTED _MAY I fl 1989
John Cooley, Ph.D. , Superintendent PHIL BATCHELOR, CLERK OF THE BOARD OF
Moraga School District SUPERVISORS AND COUNTY ADMINISTRATOR
BY ,DEPUTY
M382/7-83
♦ 5
+ i
Add new section 500(b) (5) to read:
(5) In the case of a loan, the annual
interest rate and the security if any,
given for the loan.
Approve the attached conflict of interest code as revised.
Background.
The Governing Board of the Moraga Unified School District
has adopted amendments to Exhibit A and section 600 of its code
and submitted them to the Board for approval pursuant to
Government Code sections 87303 and 87306 .
MAM/jh
COUNTY COUNSEL'S OFF/C RECENVED
CONTRA COSTA COUNTY
MARTINEZ, CALIFORNIA MAY 91989
Date.. May 9 , 1989 PHIL BATCHELOR
CLE 3(BOARD OF SUPERVISORS
CONTRA COSTA CO.
To: Clerk, Board of Supervisors -�y - �• • ��-,- De".
From: Victor J. Westman, County Counsel //� 4 m .
By: Mary Ann McNett, Deputy County Counsel ��!
Re: Conflict of Interest Code of Moraga School District
Attached hereto is a Conflict of Interest Code for the
Moraga School District. It is approved as to form subject to the
suggested revisions set forth in the attached draft Board Order.
Please place this matter on the Board of Supervisors'
agenda, pursuant to the Moraga School District's letters of
February 24, 1989 and April 26, 1989, copies of which are
attached.
MAM/jh
attachments
cc: John Cooley Ph.D. , Superintendent, Moraga Unified School
District
MORAGA SCHOOL DISTRICT
GOVERNING BOARD POLICY HANDBOOK 033 . 1
CONFLICT OF INTEREST CODE
OF THE
MORAGA SCHOOL DISTRICT OF CONTRA COSTA COUNTY
Section 100. Purpose. Pursuant to the provisions of
Government Code Sections 87300, et seq. , the Moraga School
District 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. Officers and employees
holding those positions are designated employees and are deemed
to make,eor 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 interests shall file the original
with the Clerk of the Governing Board.
(b) In the case of agency heads and the members of boards
and commissions, the Clerk of the Governing Board shall
i! make and retain a copy and forward the original to the
s
Clerk of the Board.
(c) A designated employee required to submit a statement
of financial interest shall submit an initial statement
{ within thirty (30) days after the effective date of
employment, appointment, promotion or transfer.
r:
d
(d) Classified and Certificated employees appointed,
promoted or transferred to designated positions shall file
initial statements within thirty (30) days after date of
,j
employment.
Policy 033 . 1 continued Page 3
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
1 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
r. which the gift was received.
' .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 which provides
legal or brokerage services, the name of every .
person who paid fees to the business entity if
the filer's pro rata share off' fees from such
person was equal to or greater than one thousand
dollars ($1, 000) ;
(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 pro rata 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.
Policy 033 . 1 continued Page 5
EXHIBIT "A"
Disclosure Category
Members of Governing Board 1 and 2
Superintendent 1 and 2
Assistant Superintendent 1 and 2
Coordinator of Fiscal Services 1 and 2
Principals 1 and 2
Supervisor of Buildings and Grounds 3 (D) (E) (F)
Psychologist 3 (A) (B) - (C)
Librarian 3 (G)
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.
Designated Employees in Group 111" must report:
All investments, interests in real proterty 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 the Moraga School District or if the business entity is
doing business or planning to do business in the District (and
such plans are known by the designated employee) or has done
business within the District at any time during the two years
prior to the filing of the statement.
Designated Employees in Group 112" 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, within the last two years, has contracted, or in
the future foreseeably may contract with the Moraga School
District to provide services, supplies, materials, machinery or
equipment.
Ount
y Counsel
1989
moraga school district Martinez,
CA 94553
1540 School Street • P.O. Box 158 • Moraga, CA 94556 • (415)376.5943
John G. Cooley, Ph.D., Superintendent
April 26, 1989
Ms. Mary Ann McNett
Deputy County Counsel
Office of County Counsel, Contra Costa County
P.O. Box 69
Martinez, CA 94553-0006
Dear Ms. McNett:
Enclosed is the amended Governing Board Policy 033 .1,
Conflict of Interest Code of the.Moraga School District of
.... Contra Costa County. Section 600 Disqualification was
changed according to the. guidelines you sent to Dr. Cooley.
Thank you for your assistance.
Sincerely,
MaraaidLWA--'
ret Cullison
Administrative Assistant
/mc
Enclosure 1
County Counsel
MAR,13 1989
moraga school district Martinez, CA 84553
1540 School Street • P.O. Box 158 • Moraga, CA 94556 • (415) 376.5943
John G. Cooley, Ph.D., Superintendent
February 24, 9R% C IVED
I
r--g2 �r1989
Clerk of the Board of Supervisors
Contra Costa County r'",a,,-c„e;c"Lr651 Pine Street cLesK r es of�oFecv:;�
eo"' COSiA CO. De uA
Martinez, CA 94553
Dear Clerk:
The Moraga School District requests approval of
revisions to Exhibit A of Governing Board Policy 033 . 1,
Conflict of Interest Code, of the Moraga School District of
Contra Costa County, . to reflect two changes in
administrative job titles. The changes are highlighted on
the attached copy of the policy.
Please advise if these revisions are acceptable.
Sincerely,
Margaret Cullison
Administrative Assistant
. Enclosure 1
/mc