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HomeMy WebLinkAboutMINUTES - 03271990 - 1.77 �o y> TO: BOARD OF SUPERVISORS FROM : Victor J. Westman, County Counsel �' Co ltra By: Mary Ann McNett, Deputy County Counsel //I 1 /'�,�r„}„ DATE: March 14 , 1990 Cwrty SUBJECT: Conflict of Interest Code of the General Services Department SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION Recommended Action: Approve amendment of the General Services Department Conflict of Interest Code to substitute Exhibit A to said code, as shown on the attached memorandum of Barton S. Gilbert, Director of General Services. Background: The General Services Department has adopted the attached amendment to Exhibit A of its code and submitted it to the Board for approval pursuant to Government Code sections 87303 and 87306 . MAM/fjb 0 CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATUREIS I: ACTION OF BOARD ON .Marr..b ,.97 , i 99n 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 TARN AYES: NOES'. AND ENTERED ON THE MINUTES OF TFC BOARD ABSENT ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. cc: County Administrator ATTESTED March 27 , 1990 County Counsel PHIL BATCHELOR, CLERK OF THE BOARD OF General Services SUPERVISORS AND COUNTY ADMINISTRATOR BY ,DEPQ-TY l GENERAL SERVICES DEPARTMENT 1220 Morello Avenue, Suite 200 RECEIVED Martinez, California 94553 Extension 4920 JAN 251990 Pl41 eac-4900 CIEC.cubo Of wo N1ioK Cont CGsu CO DATE: January 25, 1990 TO: mieanne.,.D..49aglio, chief 'Clerk of the oard Sup rvisors FROM: Barton J. Gilbert, i��neral Services SUBJECT: Amendment to Conflict of Interest Code of the General Services Department Attached is the General Services Department Conflict of Interest Code with Exhibit "A" revised to reflect Departmental changes as follows: I. Deleted: Administrative Services Officer Buildings and Grounds Manager Grounds Services Manager Assistant Grounds Services Manager Assistant Custodial Superintendent Assistant Custodial Services Manager Supervising Accountant I 2. Added: Deputy General Services Director--Management and Operatigns Deputy General Services Director--Facilities Facilities Services Manager Grounds Maintenance Manager Facilities Maintenance Coordinator Supervising Custodian General Services Fiscal Officer We understand that your office will process this amendment through County Counsel and list it on an agenda for approval by the Board of Supervisors. If you need anything further from this office, please advise. BJG:dcg Attachment 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 "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 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 amoW.t 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 prorate 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. General Services Department Conflict of Interest Code EXHIBIT "A" Designated Positions Disclosure Category Director of General Services 1 & 2 Assistant General Services Director 1 & 2 Deputy General Services Director--Management and Operations 1 & 2 Deputy General Services Director--Facilities 1 & 2 Facilities Services Manager 1 & 2 Facility Trades Supervisor 3A, B, & C Central Service Manager 1 & 2 Duplicating Services Supervisor 3E, Jr & K Microfilm Production Supervisor 3E, J, & K Supply and Distribution Supervisor 3E, Jr & K Fleet Manager 1 & 2 Fleet Equipment Specialist 3F & G Fleet Service Center Supervisor 3C, E, F, & G Fleet Materials Supervisor 3C, E, F, G, & H Purchasing Services Officer 1 & 2 Buyer I 1 & 2 Buyer II 1 & 2 Lease Manager 1 & 2 Senior Real Property Agent 1 & 2 Associate Real Property Agent 1 & 2 Assistant Real Property Agent 3A, B, C, D, H, & I Jr. Real Property Agent--Project 3A, B, C, D, H, & I Supervising Architectural Engineer 1 & 2 Senior Architectural Engineer 1 & 2 Associate Architectural Engineer 3B, Cr D, H, & I Assistant Architectural Engineer 3B, C, D, H, & I Senior Architectural Engineer--Project 1 & 2 Special Projects Architect--Project 1 & 2. Communications Services Manager 1 & 2 } Communications Engineer 1 & 2 Communications Technical Supervisor 1 & 2 Telecommunications Supervisor 1 & 2 Grounds Maintenance Manager 1 & 2 Chief Operating Engineer 1 & 2 Facilities Maintenance Coordinator 1 & 2 Assistant Chief Operating Engineer 3A, B, C Custodial Services Manager 1 & 2 Chief Assistant Custodial Services Manager 3B Supervising Custodian 3B General Services Fiscal Officer 1 & 2 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 "1" 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 Employees in Group 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. Designated Employees in Group "3" 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 ac Equipment F Motor Vehicles ac Equipment G Motor Vehicle Parts H Petroleum Products I Property Development or Management J Purchasing K Printing