HomeMy WebLinkAboutMINUTES - 04241990 - 1.65 TD BOARD OF SUPERVISORS
FRCS+ : Victor J. Westman, County Counsel Contra
By: Mary Ann McNett, Deputy County Counsel,*4A - Costa
DATE : April 18 , 1990 L (�`��"' '•7
SUBJECT: Conflict of Interest Code of the Delta Diablo
Sanitation District
SPECIFIC REQUEST(S) OR RECOMMENDATION(S ) & BACKGROUND AND JUSTIFICATION
Recommended Action:
Approve the Delta Diablo Sanitation District Conflict
of Interest Code to substitute sections 300; 400(b) , (c) , (d) , (e) ;
500(a) (4 ) , (b) (1 ) , (2) (5) , (c) , (d) , (e) and Exhibit A to said code, as
shown on the attached resolution of the Delta Diablo Sanitation
District.
Bac%ciround
The Delta Diablo Sanitation 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/fjb
CONTINUED ON ATTACHMENT: _ YES SIGNATURE: m A_ .._ i
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATIO OF BOARD COMMITTEE
APPROVE OTHER
SIGNATUREI S):
ACTION OF BOARD ON April 24 , 1990 APPROVED AS RECOMMENDED X OTHER
\VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
..UNANIMOUS (ABSENT 1 ) AND CORRECT COPY OF AN ACTION TAKEN
NOES: AND ENTERED ON THE MINUTES OF THE BOARD
err: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED Ap r i l 24 , 1990
)el PHIL BATCHELOR, CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
Ely �
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CONFLICT OF INTEREST CODE
DELTA DIABI.O SANITATION DISTRICT —
SECTION 100. Purpose. Pursuant to the provisions of Government Code
Sections 87300, et seq. , the Delta Diablo Sanitation 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: 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, or participate in the making of,
decisions which may foreseeably have a material effect on a financial
interest.
SECTION 300. Disclosure Statement.
(a) 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 same capacity 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 Reform Act,
Government Code sections 87200, et seq. Such persons are covered by this Code
for disqualification purposes only.
(b) Designated positions shall be assigned to one or more of the
disclosure categories set forth in Exhibit "B." With the exception of those
designated employees who are exempt pursuant to subsection (a), each
designated employee shall file an annual statement disclosing that employee's
interest in investments, real property, business positions, 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 District's Assistant Secretary to
the Board of Directors.
(b) In the case of the General Manager and the members of the Board of
Directors, the Assistant Secretary to the Board of Directors shall make and
retain a copy of the statement of financial interest and forward the original
to the Clerk of the Board of Supervisors.
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(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 thirty days after date of appointment, promotion, or transfer.
(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 thirty 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 under any other agency's conflict of interest code, or under Article
2 of Chapter 7 of the Political Reform Act for a jurisdiction contained within
the territorial jurisdiction of this agency may comply with the provisions of
this Code by filing a duplicate copy of that statement and an expanded
statement which covers reportable interests in that portion of this agency's
jurisdiction which differs from the jurisdiction described in the other
statement.
SECTION 500. Contents of Disclosure Statements. Disclosure statements
shall be made on forms supplied by the County Clerk 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 investments 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)
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.
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(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, 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 ($10,000) ,
or 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 amount and 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 Business Positions Reports:
When business positions are required to be reported, a designated
employee shall list the name of each business entity in which he or she is a
director, officer, partner, trustee, employee, 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 designated employee's position with the
business entity.
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(e) Initial Statement:
The initial statement filed by an designated employee employed on the
effective date of this code shall disclose investments, business positions and
interests in rea'1 property held on the effective date of this code and income
received during the 12 months before the effective date of the code.
Thereafter, the initial statement filed by an employee appointed to a
designated position shall disclose any reportable investments, business
positions, and interests in real property held on, and income received during
the 12 months before, the date of appointment.
(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 60C. Disqualification. A designated employee must disqualify
himself from making or participating in the making of any decisions in which
he has 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.
Approved by Resolution No. 3/90 adopted by the Board of Directors of Delta
Diablo Sanitation District on February 14, 1990.
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CONFLICT OF INTEREST CODE
EXHIBIT "A"
DESIGNATED POSITIONS DISCLOSURE CATEGORY
Members of the Board of Directors* 1 & 2
General Manager/District Engineer 1 & 2
Deputy District Engineer 1 & 2
Engineering:
Senior Engineer 1 & 2
Associate Engineer 1 & 2
Assistant Engineer 1 & 2
Collection System Supervisor 1 & 2
Construction Inspector 1 & 2
Administration:
Systems Analyst 1 & 2
Accounting Manager 1 & 2
Operations & Maintenance:
Chief of Operations & Maintenance 1 & 2
Superintendent of Operations 1 & 2
Superintendent of Maintenance 1 & 2
Director of Water Quality Laboratory 1 & 2
and Industrial Monitoring
Discovery Bay Operations Supervisor 1 & 2
*The members of the Board of Directors include:
Chair of the Board of Supervisors, and the designated alternate
Mayor of the city of Antioch, and the designated alternate
Mayor of the city of Pittsburg, and the designated alternate
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CONFLICT OF INTEREST CODE
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 the 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 year prior to the filing of the statement.
Designated Employees in Group "2" 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
management in any business entity, which, within the last two years has
contracted, or in the future foreseeably may contract with the District 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
management in any business entity which, within the last two years, had
contracted or in the future foreseeably may contract with Delta Diablo
Sanitation District to provide services, supplies, materials, machinery or
equipment which are related to one of the following areas:
(A) District Buildings - Maintenance
(B) District Buildings - Construction
(C) District Grounds - Maintenance
(D) Sewer Facility Maintenance
(E) Sewer Facility Construction
(F) Sanitation & Water Supply
(G) Office Supplies & Equipment
(H) Motor Vehicles
(I) Motor Vehicle Parts
(J) Petroleum Products
(K) Landscaping
(L) Telephone Equipment
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