HomeMy WebLinkAboutMINUTES - 03161993 - 1.55 A
I .SS
TO: BOARD OF SUPERVISORS n
FROM: Victor J. Westman, County Counsel
By: Mary Ann McNett Mason, Deputy County Counsel
DATE:
SUBJECT: Amendment to Conflict of Interest Code of the
Public Defender's Office
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Revise and approve Amendment to Exhibit A to Public Defender' s
Office Conflict of Interest Code, as shown on the attached
memorandum from the Public Defender's office.
BACKGROUND/REASONS FOR RECOMMENDATIONS
The Public Defender has amended Exhibit A to its code and submitted
the amendments to the Board for approval pursuant to Government
Code sections 87306 and 87306 .5 .
CONTINUED ON ATTACHMENT: YES SIGNATURE di
�n
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON ' APPROVED AS RECOMMENDED C OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
X UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORA ON THE DATE SHOWN.
Orig: County Counsel ATTESTED 2 ZF,/Ac, ��� 1'9q 3
cc: Clerk of the Board PHIL BATCHELOR, CLERK OF
Public Defender's Office THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
BY , DEPUTY
MAM/f j b
fjb 3-93a:\board.pd
EXHIBIT "A"
Designated Positions Disclosure Category
Public Defender 1
Chief Assistant Public Defender
Administrative Services Officer 1
None 2
September 23 , 1992
OFFICE OF THE PUBLIC DEFENDERTRECE:VVVED
County of Contra Costa
Martinez, California 91992Date: September 22, 1992 �ERr:f,_ 'DC� �`:�
To: Jeanne O. Maglio, Chief Clerk
Board of Supervisors
From: Charles James, Public Defender
Subject: Conflict of Interest Code Review
In response to your June 23 , 1992 memor ndum, we have reviewed
our Conflict of Interest Code with particular interest towards
the classifications in our department currently required to
file conflict of interest information. Per your memorandum we
are taking this opportunity to reduce the number of
classifications required to submit this information.
Specifically, we wish to amend Exhibit A to reduce the number of
classifications required under Disclosure Category 1, to only
those classifications where responsibilities are such that the
potential for a conflict of interest could exist.
Also, when we first established our department's conflict of
interest code, we were concerned that our attorneys and
investigators could receive gifts from clients and we felt, when
this is the case, it should be reported. Thus, we established a
second disclosure category, wherein the only requirement is the
reporting of gifts received from our clients with a value in
excess of twenty five dollars.
Our review of all conflict of interest statements filed by our
employees, under Disclosure Category 2, has shown that our
concerns were unfounded and in order to save the time and
materials required to submit and process this information, we are
eliminating all classifications under Disclosure Category 2.
Other than the changes to Exhibit A, as noted above, the only
change to the body of our Code is to change the classification of
Administrative Services Assistant to Administrative Services
Officer.
We ask for your assistance toward taking the necessary actions to
implement the above amendments. Should you require anything
further, please advise.
CHJ:mm
i ss
COUNTY COUNSEL'S OFFICE
CONTRA COSTA COUNTY
MARTINEZ, CALIFORNIA
Date: March 4 , 1993
To: Clerk, Board of Supervisors
From: Victor J. Westman, County Counsel M n
By: Mary Ann McNett Mason, Deputy County Counsel
Re: Conflict of Interest Code of the Public Defender' s Office
Attached hereto is an amendment to the Conflict of Interest Code
for the Public Defender' s Office. The amendment is approved as to
form.
Please place this matter on the Board of Supervisors ' agenda as
requested by the Public Defender' s Office. A draft Board order is
attached.
MAM: f j b
cc : Sandy Hoffman, ASO
Public Defender' s Office
Attachments
fjb 3-93 a:\conflict.pd
1 , 551
TO: BOARD OF SUPERVISORS
FROM: Victor J. Westman, County Counsel
By: Mary Ann McNett Mason, Deputy County Counsel
DATE:
SUBJECT: Amendment to Conflict of Interest Code of the
Contra Costa Transportation Authority
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Approve Amendments to the Conflict of Interest Code to substitute
Articles I, II, III, IV, V, and Exhibit A to said code, as shown on
the attached Resolution from the Contra Costa Transportation
Authority.
BACKGROUND/REASONS FOR RECOMMENDATIONS
The Contra Costa Transportation Authority has amended its code and
submitted the amendments to the Board for approval pursuant to
Government Code sections 87306 and 87306 . 5 .
CONTINUED ON ATTACHMENT:. YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON / APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
X UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISO ON THE DATE SHOWN.
Orig: County Counsel ATTESTED CLE6
cc: PHIL BATCHELOR, RK OF
THE BOARD OF SUPERVISORS
AND COUNTY
ADMINISTRATOR
BY . ' A-14 X , DEPUTY
MAM/fjb
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ORIGINAL
Contra Costa Transportation Authority
Resolution No. 92-08-A
SUBJECT: Conflict of Interest Code
WHEREAS, Government Code Section 87306.5 requires that each local agency must review
its conflict of interest code in even numbered years; and
WHEREAS, the local.agency must submit any changes to its Code to the Clerk of the
,Board of Supervisors by October 1, 1992; and
WHEREAS, the Authority has reviewed its existing Conflict of Interest Code (Chapter 4
of its Administrative Code) and has recommended certain changes;
NOW, BE IT RESOLVED, that the Authority submits to the Clerk of the Contra Costa
County Board of Supervisors Exhibit A as the Authority's amended Conflict of Interest
Code.
ILI
gkelyn Munn, Chair
This RESOLUTION was entered into at the
meeting of the Contra Costa Transporation Authority
held September 16, 1992 in
Walnut Creek, California
Attest: r M
-Kobe-? cCl `* tive Dir ctor
CHAPTER 4
CONFLICT OF INTEREST CODE
OF THE
CONTRA COSTA TRANSPORTATION AUTHORITY
WITH
DESIGNATED EMPLOYEES AND OFFICIALS
CHAPTER 4
CONTRA COSTA TRANSPORTATION AUTHORITY
CONFLICT OF INTEREST CODE
ARTICLE I
PURPOSE
Purpose. Pursuant to the provisions of
Government Code sections 873000, et seq. , the Contra Costa
Transportation Authority, 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 S 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.
ARTICLE II
DESIGNATED POSITIONS
2- 1 Designated Positions. The positions
listed on Exhibit "All 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.
ARTICLE -III
DISCLOSURE STATEMENTS
3. 1 Disclosure Statements.
(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
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[SF2/SST.331 (r328/329) 7/2/92]
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 on 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.
ARTICLE IV
PLACE AND TIME OF FILING
4. 1 Place and Time of Filing.
(a) All designated employees required to submit a
statement of financial interests shall file the original with
the $Ooto��ti Executive Director to the Contra Costa
Transportation Authority.
(b) In the case of agency heads and the members of I
boards and commissions, the Secretary fo of the Contra Costa
Transportation Authority 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 the date such appointment, promotion
or transfer becomes effective.
(d) Annual statements shall be filed during the month
of A Dry No"4" 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 under any other agency's conflict of -
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[SF2/SST.331 (c328/329) - 7/2/923
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.
ARTICLE V
CONTENTS OF DISCLOSURE STATEMENTS
5.1 Contents of Disclosure Statements. . i
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:
A statement of the nature of the investment
or interest;
ii 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;
tlyiii The address or other precise location of the
real property;
t4fli—yJ 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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[SF2/SST.331 (r328/329) - 7/2/92]
(b) Contents of Personal Income Reports:
When personal income is required to be reported, the
statement shall contain:
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;
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) ;
tjf(iii) A description of the consideration, if any,
for which the income was received;
,{4}' iv In the case of a gift, the amount and the
date on which the gift was received;
t%jjvj 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:
3". The name, address, and a general description
of the business activity of the business
entity;
jjj.LU 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.
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[SF2/SST.331 (r328/329) 7/2/92]
(d) Advance or reimbursement for-travel:
When a payment, including an advance or reimbursement, for
travel is required to be reported pursuant to this section, it
may be reported on a separate travel reimbursementschedule
which shall be I included in the filer's statement of economic
interest. A filer who chooses not to use the travel schedule
shall disclosepaymentsunless itis
ents for travel as a gift.
clear from all surrounding circumstances that the services
provided were e (treater equal to or (tre in value from the-payments
for the travel in whichcasethe travel may be reported as
income.
le) Contents of Business Position Reports:
When business positions are required to be reported,
designated employees shall list the name of each business
entity in which they are a director, officer, partner, trustee,
employee, or in which they hold any position of management, a
description of the business activity in which the business
entity is engaged and their position with the business -entity.
toj"f ' Initial Statement:
The initial statement filed by a designated employee
employed on the effective date of this code shall disclose
investments, business positions and interests in real property
held on the effective date of this code and income received
during the 12 months before the effective date of the code.
Thereafter, employees 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.
Acquisition or Disposal During Reporting Period:
In the case of a statement filed under section
4.1(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.
ARTICLE VI
DISQUALIFICATION
6.1 Discrualif ication. Designated employees
must disqualify themselves 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 reportable
financial interest, when it is reasonably foreseeable that such
interest may be -materially affected by the decision. No
4-5
ESF2/SST.331 (r328/329) 7/2/92]
_2 .7,
designated employee shall be required to disquali fy. himself
with respect to any matter
withrespect to which
such designated employee's participation is legally required
for the action or decision to be made- The fact that a
designated employee's vote is needed to break a tie does not
make his participation legally
required for Purposes of this
section.
7576)
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CSF2/SST.331 (r328/329) 7/2/923
EXHIBIT "A"
Designated Positions Disclosure Category
Commissioners and
Alternates (22) 1 & 2
Executive Director 1 & 2
Administrative and Fiscal Officer 1 &-2
4-7
[SF2/SST_331 (r328/329) - 7/2/92] // �[
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 intertest 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.
1.. 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.
2 . 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 Contra Costa
Transportation Authority to provide services,
supplies, materials, machinery or equipment to the
Authority.
7576J
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[SF2/SST.331 ( 328/329) - 7/2/921
4,2.6-16
COUNTY COUNSEL'S OFFICE
CONTRA COSTA COUNTY
MARTINEZ, CALIFORNIA
Date: March 4 , 1993
To: Clerk, Board of Supervisors
From: Victor J. Westman, County Counsel
By: Mary Ann McNett Mason, Deputy County Counsel lq,,4, •
Re: Conflict of Interest Code of the Contra Costa
Transportation Authority
Attached hereto are amendments to the Conflict of Interest Code
for the Contra Costa Transportation Authority. The amendments are
approved as to form.
Please place this matter on the Board of Supervisors ' agenda as
requested by the Authority. A draft Board order is attached.
MAM:f j b
cc: Robert K. McCleary, Executive Director
Contra Costa Transportation Authority
Attachments
FJB 3-93 a:\conflict.aut