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HomeMy WebLinkAboutMINUTES - 04101990 - 1.64 DIY 1-064 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this order on Aprj 1 a. 19 00 by the following vote: AYES: Supervisors Powers , Schroder, McPeak, TorlakFon, Fanden NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 90/213 SUBJECT: Adoption of Conflict of Interest Code for Kensington Municipal Advisory Council This Board having established the Kensington Municipal Advisory Council in 1989 and said Council having continued since that time as a local agency authorized by Government Code Section 31010, this Board hereby DESIGNATES the Kensington Municipal Advisory Council as a local agency required to adopt a local Conflict of Interest Code. The Board further ADOPTS as the Conflict of Interest Code for the Kensington Municipal Advisory Council, 2 Cal . Code of Regs . Section 18730 and any amendments thereto, incorporated herein by reference, and containing the terms of a Standard model Conflict of Interest Code, a copy of which is attached hereto along with attached Appendices A and B designating the position requiring disclosure and formulating disclosure categories . Pursuant to Section 4 of the Standard code, the designated council members are INSTRUCTED to file Statements of Economic Interests with the Executive Secretary, Community Development Department, within 30 days after the date of adoption of this Code and thereafter as required therein. I hereby certify that this is a true and correct copy of an action taken and entared on the minutes of the r Board of Supervisors on the date shown. ATTESTED: - APR 10 INA PHIL BATCHELOR,Clerk of the Board of Supervisors and county Administrator V; , v Orig. Dept . : Community Development (CDD) cc: County Administrator County Counsel Kensington Municipal Advisory Council (via CDD) DK:gms pl9 :Kens-MAC.bo RESOLUTION NO. 90/213 APPENDIX A Designated Positions Disclosure Categories Council Members 1 and 2 APPENDIX B Disclosure Categories Category No. 1 Persons in this category must report all interests in real property located wholly or part within the boundaries of the Kensington Planning Area in Contra Costa County. Category No. 2 Persons in this category must report all investments, 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 Kensington Planning Area in Contra Costa County or if the business entity is doing business or planning to do business in the Kensington Planning Area in Contra Costa County (and such plans are known by the designated employee) or has done business within the Kensington Planning Area in Contra Costa County at any time during the two years prior to the filing of the statement. For the purposes of the foregoing disclosure categories, the Kensington Planning Area means the area of the Kensington Community delineated in Section 3 of the Board of Supervisor' s Resolution 89/257. ken:con r TUL•E 2 FAIR POLTTICAL PRACTICES COMMISSION 418730 tRogwtw at No.46—tt-1:481 (p.334.5) 18730. Provisions of Conflict of Interest Codes. ' • (a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a Conflict of Interest Code within the meaning of Government Code Section 87300 or the amendment of a Conflict of Interest Code within the meaning of Government Code Section 87307 if the terms of this regulation are substituted = for terms of a Conflict of Interest Code already in effect.A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of Article 2 of Chapter 7 of the Political Reform Act, Government Code Sections 81000, et seg: The requirements of a Conflict of Interest Code are in addition to other require- ments of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Government Code Section 87100,and to other - state or local laws pertaining to conflicts of interest. _ (b) The terms ofea Conflict of Interest Code amended or adopted and pro- �. mulgated pursuant to this regulation are as follows: ': (1) Section 1. Definitions. The definitions contained in the Political Re- form Act of 1974,regulations of the Fair Political Practices Commission (2 Cal. Code of Reps. Sections 18100 et ), and any amendments to the Act or regulations,are incorporated by reference into this Conflict of Interest Code. (2) Section 2. Designated Employees. The persons holding positions list- = ;, ed in the Appendix are designated employees. It has been determined that these persons make or participate in the malting of decisions which may fore- - s: seeably have a material effect on financial interests (3) Section 3. Disclosure Categories. This Code does not establish any disclosure obligation for those designated employees who are also specified in Government.Code Section 87200 if they are designated in this Code in that ". . :.- .. samecapacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their financial interests pursuant to Article 2 of Chapter 7 of the Political ~' r , Reform Act,Government Code Sections 87200,et seq. Such persons are cov- ered by this Code for disqualification purposes only.With respect to all other designated employees,the disclosure categories set forth in the Appendix spee- �fy' which kinds of financial interests are reportable. Such a designated em- .K x ployee shall disclose in his or her statement of economic interests those financial interests he or she has which are of the kind described in the disclosure catego- ries to which he or she is assigned in the Appendix.It has been determined that the financial interests set forth in a designated employee's disclosure categories are the kinds of financial interests which he or she foreseeably can affect materially through the conduct of his or her office. Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code,or under Article 2 for a different jurisdiction,may expand their statement of economic interests to cover reportable inter- ests in both jurisdictions,and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements,provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original.See Government Code Section 81004. • t r 1 18730 FAIR POLITICAL PRACTICES COMMISSION TITLE 2 (p.334.6) (Reciator Is.Na 46 1-1246) {4} Section 4. Statements of Economic interests: Place of Filing. The ` code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code review- ing body,as provided by the code reviewing body in the agency's conflict of interest codeg _fir...:.._ ,... ._ ..,•s� (5) Section 5. Statements of Economic Interests:Time of Filing. (A) initial Statements. All designated employees employed by the:agency on the effective date of this Code, as ori"y y adopted, promulgated and approved by the code reviewing body,shaU 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 fie an initial statement within thirty days after the effective date of the amendment. ($} Assuming Office Statements. All persons designated post- dons after the effective date of this Code shall file statements within thirty days after assuming the designated positions,or if subject to State Senate confrma- tion,thirty days after being nominated or appointed. . (C) Annual Statements. All designated employees shall file statements no ... later than April 1. (D) Leaving Office Statements. All persons who leave designated positions shall file statements within thirty days after leaving office. Sok.=Y ^F (5.5) Section 5.5. Statements for Persons Who Rin 30 Days After Ap- pointment Persons who resign within 30 days of initial appointment are not A'Y deemed to have assumed office or left office provided they did not make or Y` participate in the malting of,or use their position to influence any derision and .. s did not receive or become entitled to receive any form of payment as a result . - � :; of their appointment.Such persons shall not file either an assuming or leaving is office statement. ";. (6) Section 6. Contents of and Period Covered by Statements of Economic - Interests. (A} Contents of initial Statements. initial statements shall disclose any re- s<'- :.y'.- . , portable investments,interests in real property and business positions held on ; effective date of the Code. - .. (B) Contents"of Assuming Office Statements. Assuming office statements disclose any r rtable investments,interests in real pproperty and business E -: positions held on the date of assuming office or,S67 sub'ect to State Senate .,.. confirmation or appointment,on the date of nomination. ' {C} Contents of Annual Statements. Annual statements shall disclose any �'" reportable investments,interests in real property,income and business poli- tions held or received during the previous calendar year provided,however, that the period covered by an employee's first annual statement shall begin on the effective date of the Code or the date of assuming office whichever is later. (D) Contents of Leaving Office Statements. Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office. (7) Section 7. Manner of Reporting. Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency,and shall contain the following information: 'See Government Code Section 81010 and 2 Cal.Code of Regs.Section 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. t l r TITLE 2 FAIR POLITICAL PRACTICES COMMISSION 418730 fRevi•tw IL No.48 I-tall (p. 334.7) (A) Investment and Beal Property Disclosure. When an investment or an Perp' is ruire interest in real property' r ` p required to be eported, the statement shall con- tain the following 1. A statement of the nature of the investment or interest; I 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; & 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 proppeerty exceeds one thousand dollars ($1,000),exceeds ten thousand dollars ($10,100),or exceeds one hundred thousand dollars (;100,000). (B) Personal Income Disclosure. 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 fifty dollars ($2.50) or more in value,or fifty dollars (W) or more in value if the income was a gift,and a general description of the business activity,if any, of each source. 8 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 one thousand dollars ($1,000) or less,greater than one thousand dollars ($1,000),or greater �*l- `''F yin; than ten thousand dollars ($10,000); 3. A description of the onsieron,if any ,for which the income was re- ~'- v Iain the case of a gift,the name address and business activity of the donor t4 and any intermediary through which the gift was made;a description of the gift; the amount or value of the gift;and the date on which the gift was received. S. In the case of a loan,the annual interest rate and the security,if any,given for the loan. (C) Business Entity Income Disclosure. When income of a business entity, inclluding 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; 'For the purpose of disclosure only (not disqualification),an interest in real property : .: :•<:;.,: +n does not include the principal residence of the filer. f •Investments and interests in real property which have a fair market value of lea than $1,000 are not investments and interests in real property within the meaning of the Political Reform Act However,investments or interest,in real property'of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual,spouse and dependent children own,in the aggregate,a direct,indirect or beneficial interest of 10 percent or greater. °A designated employees income includes his or her community property interest in the income of his or her spouse but does not include salary or reimbursement for expenses received from a state,local or federal government agency. `Income of a business entity is reportable if the direct,indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest.In addition,the disclosure of persons who are client,or customers of a business entity is required only if the clients or customers are within one of the disclosure catego. ries of the filer. 118730 FAIR POLITICAL PRACTICES COMMISSION TITLE 2 :+� ,! :.::�:,• (P.334.8) (Roub..OL NO. -ti•t2�t} �;; = :s;:mss , 2 The name of every person from whom the business entity received pay- meats if the filer's pro rata shareof grass dreceipts from such person was equal to or greater than ten thousand ollars ($10,000): (D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each , business entity in which he or she is a director,officer,partner,trustee,em- ployee,or in which he or she holds any position of management,a description of the business activity in which the business entity is engaged,and the desig- nated employee's position with the business entity. (E) Acquisition or Disposal Durin Reporting Period. In the case of an annual or leaving office statement, an investment or an interest in real property was partially or wholly acquired or disposed of during the period • covered by the statement,the statement shall contain the date of acquisition or disposal. (8) Section 8. Disqualification. No designated employee shall make,par- 1 TA ticipatein making,or in any way attempt to use his or her official position to influence the malting of any governmental decision which he or she knows ora' has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official ora member of his or her immediate family or on: (A) Any business entity in which the designated employee has a direct or indirect investment worth one thousand dollars ($1,000) or more; J) Any real property in which the designated employee has a direct or y ect interest worth one thousand dollars ($1,000) or more; (C) Any source of income,other than gifts and other than loans by a com- mercial lending institution in the regular course of business on terms available to the public without regard to official status,aggregating two hundred fifty dollars ($250) or more in value provided to,received by or promised to the designated employee within twelve months prior to the time when the decision _ is made; (D) Any business entity in which the designated employee is a director, ` officer,partner, trustee employee,or holds an Y Position of management;or • (E) Any donor of,or any intermediary or agent for a donor of,a91*ft or gifts aggregating$250 or more in value provided to;received by,or pronused to the designated employee within 12 months prior to the time when the decision is made. (8.3) Section 8.3. Legally Required Participation. Na designated em- ployee shall be prevented from making or participating in the making of any decision to the extent his or her participation is legally required for the decision to be made.The fact that the vote of a designated emloyee who is on a voting body is needed to break a tie does not make his or her participation legally required for purposes of this section. (8.5) Section 8.5. Disqualification of State Officers and Employees. In ad- dition to the general disqualification provisions of Section 8,no state administra- tive official shall make,participate in making,or use his or her official position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any `. member of his or her immediate family has,within 12 months prior to the time when the official action is to be taken: r TITLE 2 FAIR POLITICAL.PRACTICES COMMISSION 18732 (Register as No.0-11-12-41B) (p.334.9) \ :.. �. (A) Engaged in a business transaction or transactions on terms not available ,T ,, .,? �-:: �.•_ to members of the public,regarding any investment or interest in real property; -'' :x•;a►'4"',�;'.. J.�y..,r' Or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling - in value one thousand dollars ($1,000) or more. (9) Section 9. Manner of Disqualification. When a designated employee determines that he or she should not make a governmental decision because he or she has a disqualifying interest in it,the determination not to act must be accompanied by disclosure of the disqualifying interest. In the case of a voting body,this determination and disclosure shall be made part of the agen- cy's official record;in the case of a designated employee who is the head of an agency,this determination and disclosure shall be made in writing to his or her appointing authority;and in the case of other designated employees,this deter- mination and disclosure shall be made in writing to the designated employee's. supervisor. �. (10) Section 10. Assistance of the Commission and Counsel. Any desig- nated employee who is unsure of his or her duties under this Code may request - . ?:.. •.; assistance from the Fair Political Practices Commission pursuant to Govern- to overn- _ ment Code Section 83114 or from the attorney for his or her agency,provided that nothing in this section requires the attorney for the agency to issue any :. formal or informal opmion. (11) Section 11. Violations. This Code has the force and effect of law. Designated employees violating any provision of this Code are subject to the ' administrative, criminal and civil sanctions provided in the Political Reform Act,Government Code Sections 81000-91014.In addition,a decision in relation to which a violation of the disqualification provisions of this Code or of Govern- ment Code Section 87100 or 87450 has occurred may be set aside as void pursu- ant to Government Code Section 91003. NOTE: Authority cited: Section 83112.Government Code. Reference: Sections 87300- 87302,Government Code. _ HISTORY: 1. New section filed 4-2-80 as an emergency;effective upon filing(Register 80,No.14). . Certificate of Compliance included. 2 Editorial correction (Register 80,No.29). 3. Amendment of subsection (b) filed 1-9-81;effective thirtieth day thereafter (Regis- ter 81,No.2). 4. Amendment of subsection (b)(7)(B)1.filed 1-26-83;effective thirtieth day thereaf- ter (Register 83,No.5). 5. Amendment of subsection(b)(7)(A)filed 11-10-83;effective thirtieth day thereafter (Register 83,No.46). 6. Amendment filed 4-13.87;operative 5-13-87 (Register 87,No.16). 7. Amendment of subsection(b)filed 10.21-88;operative 11-20-88(Register 88,No.46). 18732 Filing Dates for Annual Statements Filed Pursuant to Conflict of Inter- est Codes (87302). (a) When a person assumes office or comes under the coverage of a newly effective conflict of interest code between October 1 and December 31 and files an initial Statement of Economic Interests pursuant to the conflict of interest code,that person need not file an annual Statement of Economic Interests until one year following the date specified in the code if the filing deadline for the { annual statement is April 1 or earlier.