HomeMy WebLinkAboutMINUTES - 03231993 - 1.68 TO: BOARD OF SUPERVISORS Contra
Costa
FROM: Victor J. Westman, County Counsel
COUntyB : Mary Ann McNett MasonS Deputy County Counse
� • _ �
oosrA-covK's'; °�
DATE: March 12, 1993
SUBJECT: Amendment to Conflict of Interest Code of the Clerk-Administrator
of the Municipal Court
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Revise Section 500(d) of the Conflict of Interest Code to read:
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, a description of the
business activity in which the business entity is
engaged, and the designated employee' s position with the
business entity.
Revise the first sentence of Section 500(f) to read:
"In the case of a statement filed under Section 400 (a) . . . "
Approve Amendment to the Conflict of Interest Code to substitute
the attached as said code, as shown on the attached memorandum from
the Clerk-Administrator of the Municipal Court.
BACKGROUND/REASONS FOR RECOMMENDATIONS
The Clerk-Administrator of the Municipal Court has revised its
Conflict of Interest code and submitted the code to the Board for
approval pursuant to Government Code sections 87303, 87306 and
87306 . 5
CONTINUED ON ATTACHMENT: YES SIGNATURE
lit
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON APPROVED AS RECOMMENDED >< OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISOR ON TH,E/DATE SHOWN.
Orig: County Counsel ATTESTED 7� /W
cc: Clerk, Board of Supervisor PHIL BATCHELOR, CLERK OF
Kiri Torre, County Municipal THE BOARD OF SUPERVISORS
Court Administrator AND COUNTY ADMINISTRATOR
BY1 , DEPUTY
MAM/f j b
fjb 3-93a:\board.frm
RECEI ED
TO: Clerk of the Board of Supervisors OCT _ 19
651 Pine Street, Suite 106
Martinez, California 94553
CLERK BO TROD O FSUPERVISORS
U CO-
M
O ISORS
Ccr
SUBJECT: STATEMENT FOR GOVERNMENT CODE SECTIOH 87306.5
A. The Conflict of Interest Code for
has been reviewed' for the 1990-1992 review period and
found that it does not need to be amended at this time.
(OR)
B. X The proposed amendment to the Conflict of Interest Code
for the Clerk-Administrator's Office of the MLm;c;pal c'n,m-G
is hereby •
submitted to the code reviewing body, the Board of
Supervisors, for approval. (Your proposed amendment
must accompany this form. )
Dated: 8/31/92
Comp eted By Kiri Torre
Cour M-micipal Court Administrator
Agency: Ymnicipal Courts Administration
Address: 2020 N. Broadway, 4204
Walnut Creek, CA 94596
Telephone No. (510) 646-6007
THE FILING DATE FOR SUBMITTING THIS DOCUMENT IS OCTOBER 1, 1992.
CONFLICT OF INTEREST CODE
OF THE CLERK-ADMINISTRATOR'S OFFICE OF THE MUNICIPAL COURTS
OF CONTRA COSTA COUNTY
(Bay, Delta, Mt. Diablo and Walnut Creek-Danville
Judicial Districts)
SECTION 100 . Purpose. Pursuant to the provisions of Government
Code Sections 87300, et seq. , the Clerk-Administrator's Office of the
Municipal Courts, Bay, Delta, Mt. Diablo and Walnut Creek-Danville
Judicial Districts, 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 forseeably 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, business
positions, 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 Program Assistant
of the Central Administration Office of the Municipal Courts.
(b) In the case of agency heads and the members of the boards
and commissions, the Program Assistant of the Central Administration
Office of the Municipal Courts shall make and retain a copy and
forward the original to Clerk of the Court.
(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.
(9/92)
CONFLICT OF INTEREST CODE
MUNICIPAL COURTS
Page 2
(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 jurisdiction, 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 document.
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) but does not
exceed ten thousand dollars ($10,000) ; whether it
exceeds ten thousand dollars ($10,000) but does of
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.
(9/92)
CONFLICT OF INTEREST CODE
MUNICIPAL COURTS
Page 3
(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, 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 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 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 prorata 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.
(9/92)
CONFLICT OF INTEREST CODE
MUNICIPAL COURTS
Page 4
(e) Initial Statement:
The initial statement filed by a designated employee employed on
the effective date of this code shall disclose investments, business
positions, interests in real property held on the effective date of
this code and income received during the 12 months before the
effective date of this code. Thereafter, the initial statement filed
by an employee already in a position when it is designated by
amendment to this code or by an employee appointed, transferred, or
promoted 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 effective date
of the amendment, appointment, transfer or promotion.
( f) Acquisition or Disposal During Reporting Period:
In the case of a statement filed under Section 400(d) , if the x
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 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 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.
SECTION 700. This Conflict of Interest Code supersedes the
Conflict of Interest Code of the Clerk-Administrator's Office of the
Municipal Courts (4/90 version) .
(9/92)
CONFLICT OF INTEREST CODE
OF THE CLERK-ADMINISTRATOR'S OFFICE OF THE MUNICIPAL COURTS
OF CONTRA COSTA COUNTY
EXHIBIT "A"
Designated Positions Disclosure Category(s)
County Municipal Court Administrator . . . . . . . . . . . . 1 & 2
District Court Managers . . . . . . . . . . . . . . . . . . . . . . . . . 1 & 2
Management Analyst . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 & 2
Operations/Training Manager . . . . . . . . . . . . . . . . . . . . . 1 & 2
Personnel/Finance Officer . . . . . . . . . . . . . . . . . . . . . . . 1 & 2
Systems Manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 & 2
Court Operations Coordinators . . . . . . . . . . . . . . . . . . . 2 only
(9/92)
f
CONFLICT OF INTEREST CODE
OF THE CLERK-ADMINISTRATOR'S OFFICE OF THE MUNICIPAL COURTS
OF CONTRA COSTA COUNTY
EXHIBIT "B"
Disclosure Categories
General Rule.
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 foreseeable be
affected materially by a decision made or participated in by the
designated employee by virtue of the employee's position.
Designated Employees in Category "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 (an 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 Category 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 has
within the past two years contracted or foreseeably may contract with
Contra Costa County to provide services, supplies, materials,
machinery, or equipment to such County for the use of this Municipal
Court or personnel thereof or for the use of the Clerk-Administrator
of this Municipal Court.
(9/92)
KIRI28
COUNTY COUNSEL'S OFF/CE
CONTRA COSTA COUNTY
MARTINEZ, CALIFORNIA
Date: March 12, 1993
To: Clerk, Board of Supervisors
From: Victor J. Westman, County Counsel
By: Mary Ann McNett Mason, Deputy County Counsel ''/�t '
Re: Conflict of Interest Code of the West Contra Costa
Hospital District
Attached hereto are amendments to the Conflict of Interest Code
for the West Contra Costa Hospital District. The amendments are
approved as to form.
Please place this matter on the Board of Supervisors ' agenda as
requested by the West Contra Costa Hospital District. A draft Board
order is likewise attached.
MAM/f jb
cc: Colin J. Coffey, Counsel,
West Contra Costa Hospital District
Attachments
J-12:a:\conf1ict.Wst
Revise the first sentence of Section 500 (f ) to read:
"In the case of a statement filed under Section 400 (a) "
Approve Amendments to the Conflict of Interest Code to substitute Sections
400 (c) , (d) , (e) , (f ) , 500 (a) ( 4 ) , (b) ( 2 ) , (5 ) and Exhibits A and B to said code, as
shown on the attached memorandum from the West Contra Costa Hospital District.
BACKGROUND/REASONS FOR RECOMMENDATIONS
The West Contra Costa Hospital District has amended its Conflict of Interest code
and submitted the amendments to the Board for approval pursuant to Government
Code sections 87306 and 87306 . 5 .
- ` Contra
TO: BOARD OF SUPERVISORS -. � Costa
FROM: Victor J. Westman, County Counsel ° County
By: Mary Ann McNett Mason, Deputy County Counse
Osrq COUK�
DATE: March 12, 1993 � n
SUBJECT: Amendment to Conflict of Interest Code of the Antioch Unified Yip
School District
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Approve Amendment to Exhibit A to the Conflict of Interest Code to
substitute Exhibit A to said code, as shown on the attached
memorandum from the Antioch Unified School District.
BACKGROUND/REASONS FOR RECOMMENDATIONS
The School District has amended Exhibit A to its code and submitted
the amendment 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) :
40
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
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 &tT41!14 v5�I4 /%Y 3
cc: Clerk, Board of Supervisors PHIL BATCHELOR, CLERK OF
James R. Wells, THE BOARD OF SUPERVISORS
Asst . Supt . Business Services AND C UNTY ADMINISTRATOR
BY , DEPUTY
MAM/f j b
fjb 3-93a:\board.frm
TO: Clerk of the .Board of Supervisors
651 Pine Street, Suite 106
Martinez, California 94553
SUBJECT: STATEMENT FOR GOVEMIMENT CODE SECTION 87306.5
A. The Conflict of Interest Code for
has been reviewed for the 1990-1992 review period and
found that it does not need to be amended at this time.
(OR)
B. X The proposed amendment to the Conflict of Interest Code
f or Antioch Unified School District
is hereby
submitted to the code reviewing body, the Board of
Supervisors, for approval. (Your proposed amendment
must accompany this form. )
Dated: 9/4/92 James R. Wells
Completed By
Agency: Antioch Unified School District
Address: P.O. Box 768 - 510 G Street
Antioch, California 94509
Telephone No. (510) 706-5322
THE FILING DATE FOR SUBMITTING THIS DOCUMENT IS OCTOBER 1, 1992.
CONFLICT OF INTEREST CODE
OF THE
ANTIOCH UNIFIED SCHOOL DISTRICT
OF CONTRA COSTA COUNTY
SECTION 100 . Purpose . Pursuant to the provisions of Government
Code Sections 87300, et . seq. , the Antioch Unified 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 per-
taining 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 hold-
ing those positions are designated employees and are deemed to
make, or participate in the making of, decisions which may fore-
seeably 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 state-
ment 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 on Exhibit "B" .
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
Assistant Superintendent, Business Services
b. The Assistant Superintendent, Business Services shall make
and retain a copy of the statement of financial interest and
forward the original to the County Clerk .
c. A designated employee required to submit a statement of
financial interest shall submit an initial statement within
30 days after the effective date of this Code.
d. Classified and certificated employees appointed, promoted or
transferred to designated positions shall file initial
statements within 30 days after date of employment .
e . All other employees appointed, promoted or transferred to
designated positions shall file initial statements not less
than 10 days before assuming office or if subject to con-
firmation, 10 days before being confirmed unless an earlier
assumption of office is required by emergency circumstances,
Conflict of Interest
Page 2
in which case the statement shall be filed within 30 days
thereafter.
f. 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.
g. A designated employee required to file a statement of
financial interest with any other agency, which is within the
same territorial jurisdiction, may comply with the provisions
of this Code by filing a duplicate copy of the other agency,
in lieu of an entirely separate document .
SECTION 500 . Contents of Disclosure Statements . Disclosure
statements shall be made on forms supplied by the Assistant
Superintendent, Business Services, 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 invest-
ment, or interest in real property, exceeds ten thousand
dollars ($10, 000) , and 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 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
twenty-five dollars ($25) or more in value if .the income
was a gift, and a general description of the business
activity, if any, of each source;
Conflict of Interest
Page . 3
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 amount and the date on which the
gift was received.
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 . 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 prorata share of 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 prorata 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.
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 .
Conflict of Interest
Page 4
SECTION 600 . Disqualification . Designated employees must
disqualify themselves from making or participating in 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 designated employee
shall be required to disqualify himself/herself with respect to
any matter which could not be legally acted upon or decided
without his/her participation.
Conflict of Interest
Page 5
EXHIBIT "A"
Designated Positions Disclosure Category.
Members of the Governing Board 1, 2 & 3
Superintendent 1, 2 & 3
Assistant Superintendents 1, 2 & 3
Director of Maintenance & Operations 2 & 3
Maintenance Foreperson 2 & 3
Grounds Foreperson 2 & 3
Custodial Foreperson 2 & 3
Director of Accounting 2 & 3
Director of Purchasing 2 & 3
Director of Food Services 2 & 3
Director, Research & Development 1, 2 & 3
Principals 2 & 3
Supervisor, Alternative Education 2 & 3
Supervisor, Regular Education 2 & 3
Coordinator, Media. Services 2 & 3
Conflict of Interest
Page 6
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
Antioch Unified 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 "2'—' 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 Antioch Unified School 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, has contracted or in the future
foreseeably may contract with the Antioch Unified School District
to provide services, supplies, materials, machinery or equipment
which are related to such areas as follows :
Conflict of Interest
Page 7
Group "3"
Insofar as a business entity or income source relates to the
following areas :
A. Psychological Testing Evaluation
B. Guidance Counseling
C. Special Education
D. Materials and Services for the Visually Handicapped
E . Materials and Services for the Speech & Audio Handicapped
F. Materials and Services for Orthopedically Handicapped
G. Materials and Services for the Physically Handicapped
H. Physical Education
I . Medicine and Health
J. Buildings and Grounds Equipment and Supplies
K. Buildings and Grounds Maintenance Services
L. Data Processing and Computers
M. Office Management
N. Motor Vehicles
O. Food and Food Services
P . Books and Other Publications
Q. Pedagogical Supplies and Equipment
R. Foreign Language Training
S. Musical Instruments and Music Training
T. Employment Agencies
U Vocational Training
- � .' -• /. !off
COUNTY COUNSEL'S OFFICE
CONTRA COSTA COUNTY
MARTINEZ, CALIFORNIA
Date: March 12, 1993
To: Clerk, Board of Supervisors
From: Victor J. Westman, County Counsel
By: Mary Ann McNett Mason, Deputy County Counsel
Re: Conflict of Interest Code of the Antioch Unified School District
Attached hereto is an amendment to Exhibit A of the Conflict of
Interest Code for the Antioch Unified School District. The amendment
is approved as to form.
Please place this matter on the Board of Supervisors ' agenda as
requested by the Antioch Unified School District. A draft Board
order is likewise attached.
MAM/f j b
cc: James R. Wells, Assistant Superintendent Business Services
Attachments
fb3-93 a:\conflict.ant
ANTIOCH UNIFIED SCHOOL DISTRICT
510'G'Street-P.O.Box 768,Antioch,California 945090904 TELEPHONE(510)706-4100-FAX.(510)757-2937
ALAN J.NEWELL,J.D. JAMES R WELLS,Ph.D.
OF SC140O S ASO rA ASSISTANT SUPERrTIVINDENT:13USINESS SERVICES
DENNIS GOETTSCH T JAMES M.PATTON
ASSISTANT SUPFRINTENDFN ..PERSONNEL SERVICES �1 DIRECTUR RESEARCH AND DEVELOPNIEt 7I'
LYNN STRAIGHT,Ph.D. JAN NIEHERLEIN
ASSISTANT SUPERINTENDENT:FDUCATIOVAL SERVDIRECTOR PERSONNEL CAMMLSSION
RECEIVED
SEP 81992
September 4, 1992 CLEAR Ec...:;5 c=`
Mr. Phil Batchelor
Clerk of the Board of Supervisors
651 Pine Street, Suite 106
Martinez, California 94553
Subject: Submission of Change of Conflict of Interest Code
Dear Mr. Batchelor:
The Board of Education, at their meeting of September 2, 1992, approved
the attached revision of the Conflict of Interest Code for the Antioch Unified
School District.
Basically, the changes involve the titles of the people who are to fill out the
forms.
Yours very truly,
James R. Wells
Assistant. Superintendent
Business Services
JRW:bmc
Enclosures
Contra
T0: BOARD OF SUPERVISORS Costa ot, ra
FROM: Victor J. Westman, County Counsel ,; ° County
By: Mary Ann McNett Mason, Deputy County Counsel �dsTA.covKt'i cP�
DATE: March 12, 1993
SUBJECT: Amendment to Conflict of Interest Code of the Oakley Water
District
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Revise Appendix to code to delete "candidate for office of
director" from list of designated positions and approve amendment
to said code, as shown on the attached resolution from the Oakley
Water District
BACKGROUND/REASONS FOR RECOMMENDATIONS
The Oakley Water District has amended its code and submitted the
amendment 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 �_ OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A .
UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORSON THE DATE SHOWN.
ql."
Orig: County Counsel ATTESTED ,6%f 2 q ,/9 y3
cc: Clerk, Board of Supervisors PHIL BATCHELOR, CLERK OF
General Manager, Oakley Water District THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
BY i��� , DEPUTY
MAM/f j b --
fjb 3-93a:\board.frm
, t
R E C E NE®
FEB - 41993
CLERK BOARD OF SUPERVISORS
CONTRA COSTA CO.
RESOLUTION NO. 93-4
A RESOLUTION OF THE BOARD OF DIRECTORS OF OAKLEY WATER DISTRICT
APPROVING PROPOSED AMENDMENT OF THE CONFLICT OF INTEREST CODE OF
SAID DISTRICT AND DIRECTING SUBMITTAL TO THE BOARD OF SUPERVISORS
OF CONTRA COSTA COUNTY FOR ITS REVIEW
WHEREAS the Board of Directors of Oakley Water District
proposes to amend the Conflict of Interest Code of this District
contained in Regulation No. 102 by incorporating the standard
conflict of interest code adopted by the Fair Political Practices
Commission as set forth in 2 California Code of Regulations section
18730, and
WHEREAS a copy of the proposed amendment of the Conflict of
Interest Code has been delivered to each designated employee listed
in the Appendix to the proposed Code, and
WHEREAS each designated employee has had a fair opportunity to
express her or his views on the proposed Code, but none of them has
expressed any objection to it, now therefore
BE IT RESOLVED by the Board of Directors of Oakley Water
District that it approves the proposed amendment of the Conflict of
Interest Code of this District in the form attached hereto and
marked Exhibit A and this Board declares its intention to adopt
said amended Code upon its approval by the Board of Supervisors of
the County of Contra Costa.
BE IT FURTHER RESOLVED that the General Manager shall submit
1
said proposed amendment of the Conflict of Interest Code to the
Board of Supervisors of Contra Costa County for its review.
I hereby certify that the foregoing is a true and complete copy of
a resolution duly and regularly adopted by the Board of Directors
of Oakley Water District at a regular meeting thereof held on
January 26, 1993, by the following vote:
AYES: Directors Allen, Brandt, Celoni, Crockett and Hobbs
NOES: None
ABSENT: None
Dated: January 26, 1993
Secretary
Oakley Water District
{
2
REGULATION NO. 102
CONFLICT OF INTEREST CODE OF
OAKLEY WATER DISTRICT
The Political Reform Act, Government Code Section 81000, et
seq. , requires state and local government agencies to adopt and
promulgate conflict of interest codes. The Fair Political
Practices Commission has adopted a regulation, 2 California Code
of Regulations Section 18730, which contains the terms of a
standard conflict of interest code. It can be incorporated by
reference and may be amended by the Fair Political Practices
Commission after public notice and hearings to conform to
amendments in the Political Reform Act. Therefore, the terms of
2 California Code of Regulations Section 18730, and any
amendments to it duly adopted by the Fair Political Practices
Commission are hereby incorporated by reference and, along with
the attached Appendix in which Directors, employees and
consultants are designated and disclosure categories are set
forth, constitute the Conflict of Interest Code of Oakley Water
District. This Conflict of Interest Code replaces and supersedes
the Conflict of Interest Code of Oakley Water District adopted on
December 22, 1976, approved by the Board of Supervisors of Contra
Costa County of January 25, 1977 and thereafter amended.
Pursuant to section 4 of the standard code, designated
employees shall file statements of economic interests with the
District. Upon receipt of the statements of its Directors and
General Manager, the District shall make and retain a copy and
1
forward the original of these statements to the Board of
Supervisors of the County of Contra Costa. Statements for all
other designated employees will be retained by the District.
2
APPENDIX
to the Conflict of Interest Code for the
Oakley Water District
Designated Positions Disclosure Categories
Each Director and All sources of income, interests in
candidate for office of real property and investments and
Director business positions in business
entities.
General Manager
Attorney
Administrative Aide Investments and business positions in
business entities and sources of income
Superintendent of which provide services, supplies,
Operations materials, machinery or equipment of
the type used by the District.
Consultants
The General Manager may determine in writing that a
particular consultant, although a "designated position", is
hired to perform a range of duties that is limited in scope
and thus is not required to fully comply with the disclosure
requirements described in this section. Such written
determination shall include a description of the
consultant's duties and, based upon that description, a
statement of the extent of disclosure requirements. The
General Manager's determination is a public record and shall
be retained for public inspection in the same manner and
location as this conflict of interest code.
RESOLUTION NO. 18730
(Regulations of the Fair Political Practices Commission,
Title 2, Division 6 of the California Code of Regulations)
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 seq. The requirements of a Conflict of
Interest Code are in addition to other requirements 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 of a Conflict of Interest Code amended
or adopted and promulgated pursuant to this regulation are as
follows:
1 18730
(1) Section 1. Definitions.
The definitions contained in the Political Reform
Act of 1974, regulations of the Fair Political
Practices Commission (2 Cal. Code of Reqs. Sections
18100, It seg.) . 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 listed in the
Appendix are designated employees. It has been
determined that these persons make or participate in
the making of decisions which may foreseeably 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 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
2 18730
Political Reform Act, Government Code Sections 87200,
et seg. Such persons are covered by this Code for
disqualification purposes only. With respect to all
other designated employees, the disclosure categories
set forth in the Appendix specify which kinds of
financial interests are reportable. Such a designated
employee 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
categories 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.
(4) Section 4. Statements of Economic
Interests: Place of Filing.
The code reviewing body shall instruct all
designated employees within its code to file
J 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 interests 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.
3 18730
statements of economic interests with the agency or
with the code reviewing body, as provided by the code
reviewing body in the agency's conflict of interest
code.)
(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 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.
(H) Assuming Office Statements. All
persons assuming designated positions after the
effective date of this Code shall file statements
within thirty days after assuming the designated
J See Government Code Section 81010 and 2 Cal. Code
of Reqs. 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.
4 18730
positions, or if subject to State Senate
confirmation, 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.
(5.5) Section 5.5. Statements for Persons Who
Resign 30 Days After Appointment.
Persons who resign within 30 days of initial
appointment are not deemed to have assumed office or
left .office provided they did not make or participate
in the making of, or use their position to influence
any decision and did not receive or become entitled to
receive any form ofpayment as a result of their
. appointment. Such persons shall not file either an
assuming or leaving 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 reportable
investments, interests in real property and
5 18730
business positions held on the effective date of
the Code.
(B) Contents of Assuming Office
Statements. Assuming office statements shall
disclose any reportable investments, interests in
real property and business positions held on the
date of assuming office or, if subject 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 positions 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.
6 18730
(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:
(A) Investments and Real Property
Disclosure. when an investment or an interest in
real property) is required to be reported,Y the
statement shall contain the following:
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;
3/ * For the purpose of disclosure only (not disquali-
fication) , an interest in real property does not include the
principal residence of the filer.
J Investments and interests in real property which
have a fair market value of less than $1,000 are not
investments and interests in real property within the meaning
of the Political Reform Act. However, investments or interests
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.
7 18730
4. A statement whether the fair market
value of the investment or interest in real
property exceeds one thousand dollars
($1,000) , exceeds ten thousand dollars
($10,000) , 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 ($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;
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 one thousand dollars
($1,000) or less, greater than one thousand
J A designated employee's 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.
8 18730
dollars ($1,000) , or greater than ten
thousand dollars ($10,000) ;
3. A description of the consideration,
if any, for which the income was received;
4. In the case of a gift, the name,
address and business activity of the donor
and any intermediary through which the gift
was made; a description of -the gift; the
amount or value of the gift; and the date on
which the gift was received;
5. In the case of a loan, the annual
interest rate and the security, if any,
given for the loan.
(C) Business Entity Income Disclosure.
When income of a business entity, including
income of a sole proprietorship, is required to
be reported,§/ the statement shall contain:
1. The name, address, and a general
description of the business activity of the
business entity;
J Income of a busine$s 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 clients or customers of a business entity is required
only if the clients or customers are within one of the
disclosure categories of the filer.
9 18730
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) .
(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,
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.
(E) Acquisition or Disposal During
Reporting Period. In the case of an annual or
leaving office statement, if 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 S. Disqualification.
No designated employee shall make, participate in
making, or in any way attempt to use his or her
10 18730
official position to -influence the making of any
governmental decision which he or she knows or has
reason to know will have a reasonably foreseeable
material financial effect, distinguishable from its
effect on the public generally, on the official or a
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;
(B) Any real property in which the
designated employee has a director indirect
interest worth one thousand.dollars ($1,000) or
more;
(C) Any source of income, other than gifts
and other than loans by a commercial 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;
11 18730
(D) Any business entity in which the
designated employee is a director, officer,
partner, trustee, employee, or holds any position
of management; or
(E) Any donor of, or any intermediary or
agent for a donor of, a gift or gifts aggregating
$250 or more in value provided to; received by,
or promised. to the designated employee within 12
months prior to the time when the decision is
made.
(8.3) Section 8.3. Legally Required
Participation.
No designated employee 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 employee 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 addition to the general disqualification
provisions of Section 8, no state administrative
official shall make, participate in making, or use his
12 18730
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:
(A) Engaged in a business transaction or
transactions on terms not available to members of
the public, regarding any investment or interest
in real property; 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 agency's official record; in
13 18730
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
determination and disclosure shall be made in writing
to the designated employee's supervisor.
(10) Section 10. Assistance of the Commission
and Counsel.
Any designated employee who is unsure of his or
her duties under this Code may request assistance from
the Fair Political Practices Commission pursuant to
government 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 opinion.
(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
Government•Code Section 87100 or 87450 has occurred
14 18730
may be set aside as void pursuant to Government Code
Section 91003.
(Gov. Code Sections 87300 and 87302)
_ e
History: (1) New section filed 4/2/80 as _An'
emergency; effective upon,,filing.
(2) Editorial correction.
(3) Amendment filed 181; effective
2/8/81.
(4) Amendment filed-1/26/83; effective
2/25/83.
(5) Amendment ,filed 11-/10/83; effective
12/12/83.
(6) Amendment filed 4/13/87.; effective
5/13/87.
(7) Amendment filed 10/21/88; effective
�'�\
15 18730
.......... ..
Contra
TO: BOARD OF SUPERVISORS
Costa
FROM: Victor` J. Westman, County Counsel �• _ County
By: . Mary Ann. .McNett Mason, Deputy County Coun = v`4
oSrA, K`�
DATE: March 12, 1993 cov
SUBJECT: Amendments to Conflict of Interest Code of the West Contra , Costa
Hospital District
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Revise Section 500 (b) ( 1 ) of the Conflict of Interest Code to read:
"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. "
Revise Section 500(d) to read:
"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, a description of the
business activity in which the business entity is
engaged, and the designated employee's position with the
business entity. "
CONTINUED ON ATTACHMENT: YES XXX SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF 'BOARD ON APPROVED AS RECOMMENDED _� OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT z;C TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS N THE
/DATE SHOWN.
Orig: County Counsel ATTESTED
cc: Clerk, Board of Supervisors PHIL BATCHELOR, CLERK OF
Colin J. Coffey, Counsel THE BOARD OF SUPERVISORS
West Contra Costa Hospital District AND TY U A/D�MINISTRATOR
BY �`�'�' , DEPUTY
MAM/fjb
fjb 3-93a:\board.frm
OCT 1 51992 (
TO: Clerk of the Board of Supervisors CLERr,E,-) � "' 0RS{
651 Pine Street, Suite 106 = --- -----
Martinez, California 94553
SUBJECT: STATEMENT FOR GOVERNMENT CODE SECTION 87306.5
A. The Conflict of Interest Code for
has been reviewed for the 1990-1992 review period and
found that it does not need to be amended at this time.
(OR)
B. The proposed amendment to the Conflict of Interest Code
for West Contra Costa Hospital 0istrict, as adopted by its Board
of Directors. is hereby
submitted to the code reviewing body, the Board of
Supervisors, for approval. (Your proposed amendment
must accompany this form. )
Dated: October 1, 1992
Cdmpleted . Cof —Zll-Zr0
District sel
Agency: West Contra Costa Hospital District
Address: 2000 vale Road
San Pablo, CA 94806
Telephone No. 235-7000
THE FILING DATE FOR SUBMITTING THIS DOCUMENT IS OCTOBER 1, 1992.
;OGT 15 19�
CONFLICT OF INTEREST CODE ,
OF THE
WEST CONTRA COSTA HOSPITAL DISTRICT OF THE COUNTY :6 OONTRA COSTA
SECTION 100. Purpose. Pursuant to the provisions of
Government Code, Section 87300, et seq. , the Board of Directors of
the West Contra Costa Hospital 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 (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, 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, business positions, real property, and income
designated as reportable under the category to which the employee's
position is assigned on Exhibit "B. "
\DOC\M0050005\61749
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
Secretary of the Board of Directors.
(b) The Secretary of the West Contra Costa Hospital
District, upon receiving the statement of financial interest, shall
make and retain a copy and forward the original to the Clerk of the
Board of Supervisors.
(c) A designated-employee required tesubmit a st teaieist
ef finaneial interest shall submit an initia! statement within 30
days after the--e rt.=e—da€e ef this Qe: All designated
employees shall file initial statements within 30 days after
assuming the designated position. Each person already holding a
position when it is first designated by an amendment to this Code
shall file an initial statement within 30 days after the effective
date of the amendment.
(d) Present employees appeinted, ted, or
transferred—te--designated-pesitle#3s shall-file—initial -statement
within 39 days after date of empleyse
(e) All ether empleyees appointed, premeted, er
tranBfeL-red—te designated-pesitlens--shall file initial: statement
net less than 19 days before a qffiee, unless an earlier
car-ease, the statement shall be filed-within go days ----------- -
(d) Annual statements shall be filed during the month of
February by all designated employees. Such statements shall cover
\DOC\M0050005\61749
f' 1
the period of the preceding calendar year.
(e) A designated employee required to file a statement
of financial interest with any other agency, which is within the
same territorial jurisdiction, 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 document.
(f) A designated employee who leaves hisiher designated
position shall file a statement within 30 days of leaving, which
statement shall cover the period between the closing date of the
last statement required to be filed and the date of leaving the
position.
SECTION 500. Contents of Disclosure Statement. Disclosure
statements shall be on forms supplied by the Secretary of the Board
of Directors 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, e eels ten thousand
\DOC\M0050005\61749
equals or exceeds one thousand dollars
($1.000.00) but does not exceed ten thousand dollars (,$10.000.00) .
whether it exceeds ten thousand dollars ($10.000.00) . but does not
exceed one hundred thousand dollars ($100,000.00) , or whether it
exceeds one hundred thousand ($100,000.00) dollars. 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 ($250.00) dollars or more in
value, or twenty-five-`i:_ (625fifty ($50.00) dollars or more in
value if the income was a gift, and a general description of the
business activity, if any, of each source;
(2) A statement whether the aggregate value of
income from each source ($1,090.09+
dellare and whether it was greater than ten theusand ($19,909.99)
dellarsfi . or in the case of a loan. the highest amount owed to
each source, was at least two hundred fifty dollars ($250.00) but
did not exceed one thousand dollars ($1.000.00) , whether it was in
excess of one thousand dollars ($1.000.00) but was not greater than
ten thousand dollars ($10.000.00) . or whether it was greater than
ten thousand dollars ($10,000.00) ;
(3) A description of the consideration, if any, for
\DOC\M0050005\61749
which the income was received;
(4) In the case of a gift, the amount 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) 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 prorata share of fees from
such person was equal to or greater than one thousand ($1,000.00)
dollars;
(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 prorata share of gross
receipts from such person was equal to or greater than ten thousand
($10,000.00) dollars 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
\DOC\MO050005\61749
management.
(e) Initial Statement:
The initial statement filed by an employee appointed to
a designated position shall disclose any reportable investments and
interests in realro ert .
P P Y
(f) Acquisition or Disposal During Reporting Period:
In the case of a statement filed under Section 400(t) , if
i �(
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.
O
SECTION 600. Disqualification. Designated employees must
disqualify themselves from making or participating in 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 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.
\DOC\M0050005\61749
. j
EXHIBIT "A"
Designated Positions Disclosure Category_
Members of Board of Directors 1 & 2
Chief Executive Officer 1 & 2
Chief Operating Officer 1 & 2
Vice Presidents 1 & 2
Controller 1 & 2
Chief Accountant 2
Plant Operations and Housekeeper 1 & 2 & 3 (A) (B)
Purchasing Agent 1 & 2
Chief Admissions Officer 2
Business Office Manager 2
Chief Pharmacist 3 (B)
Director of Nursing Service 2
Operating Room Supervisor 2
Director of Personnel 1 & 2
Chief of Anesthesia 3 (C)
Director of Radiology 3 (D)
Chief of X-Ray Technician 3 (D)
Director of Laboratory 3 (G)
Laboratory Manager 3 (G)
Public Information Director 3 (I)
Data Processing Manager 3 (J)
Director of In-Service Training & Education 3 (K)
Laundry Manager 3 (E)
\DOC\80050001\60731
Designating Positions Disclosure Category
Chief Dietitian 3 (N)
Director of Cardiology 3 (M)
Chief EKG Technician 3 (M)
Director of Pulmonary Medicine 3 (P).
Chief Respiratory Therapist 3 (P)
Director of Radiation Therapy 3 (L)
Director of Nuclear Medicine 3 (L)
Director of Rehabiliative Medicine 3 (F)
Chief Physical Therapist 3 (F)
Chief Medical Record Librarian 3 (Q)
Chief PBX Operator 3 (0)
Medical Director Emergency Department 3 (R)
Medical Director Burn Care Facility 3 (S)
\DOC\B0050001\60731
EXHIBIT "B"
Disclosure Categories
General Rule
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 Category "1" Must Report:
All investments, interests, in real property, income,
including gifts and any business entity in which the person is a
director, officer, partner, trustee, employee, or holds any
position of management. Financial interest are reportable only if
located within the Hospital District or if the business entity is
doing business or planning to do business within the Hospital
District (and such plans are known by the designated employee) or
has done business within the Hospital District at any time during
the two years prior to the filing of the statement.
Designated Employees in Category 112" Must Report:
Investments in any business entity and income, including gifts
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 West Contra Costa
Hospital District to provide services, supplies, materials,
machinery, or equipment.
Designated Employees in Category 113" 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
has within the last two years contracted, or foreseeably may
contract with West Contra Costa Hospital District to provide
services, supplies materials, machinery or equipment which are
related to the following areas:
\DOC\60050001\60731
EXHIBIT "B" CONT.
(A). Buildings and Grounds Material Equipment and Supplies
(B) Pharmaceutical Equipment, Drugs and Supplies
(C) Anesthesia Equipment, Anesthesia Gasses, Drugs and Supplies
(D) X-Ray Film, Equipment, Solutions and Supplies
(E) Laundry Equipment and Supplies
(F) Physical Therapy Devices, Equipment, Publications and Supplies
(G) Glassware, Chemicals, Reagents, Bacteriology Media,
Referral Laboratories, Laboratory Equipment
(H) Construction, Maintenance, Cleaning Supplies and Equipment
(I) Printers, Newspapers and News Media
(J) Data Processing Equipment, Hardware, Software and Supplies
(K) Educational Supplies, Devices, Books and Methods
(L) Film Supplies, Radio-Pharmaceutical, Radiation Isotopoes
Radiation Accessory Supplies, Radiation Equipment Supplies
(M) Cardiograph Machines, Equipment for Evaluating, Diagnosis
and Therapy of Heart Patients, Recording Film, Paper and
Supplies
(N) Canned Foods, Staples, Bulk Foods, Paper Products Groceries
Meat and Produce, Dairy Products, Kitchen Equipment and
Utensils, Crockery and Glassware and Supplies
(0) Communications Supplies and Equipment
(P) Pulmonary Function Testing Equipment, Ventilation and,
Respiration Equipment and Related Supplies
(Q) Dictating Equipment, Office Equipment, Medical Coding, Books
and Dictionaries, and Related Medical Record Supplies
(R) Medical Equipment and Supplies, Ambulance Services, Nursing
Homes and Hospitals
(S) Medical Equipment and Supplies
\DOC\B0050001\60731
J�
COUNTY COUNSEL'S OFFICE
CONTRA COSTA COUNTY
MARTINEZ, CALIFORNIA
Date: March 12, 1993
To: Clerk, Board of Supervisors
From: Victor J. Westman, County Counsel
By: Mary Ann McNett Mason, Deputy County Counsel
Re: Conflict of Interest Code of the West Contra Costa
Hospital District
Attached hereto are amendments to the Conflict of Interest Code
for the West Contra Costa Hospital District. The amendments are
approved as to form.
Please place this matter on the Board of Supervisors ' agenda as
requested by the West Contra Costa Hospital District. A draft Board
order is likewise attached.
MAM/f j b
cc: Colin J. Coffey, Counsel,
West Contra Costa Hospital District
Attachments
J-12:a:\conf1ict.Wst
Revise the first sentence of Section 500 (f ) to read:
"In the case of a statement filed under Section 400 (a) "
Approve Amendments to the Conflict of Interest Code to substitute Sections
400 (c) , (d) , (e) , ( f ) , 500 (a ) ( 4 ) , (b) ( 2 ) , (5 ) and Exhibits A and B to said code, as
shown on the attached memorandum from the West Contra Costa Hospital District.
BACKGROUND/REASONS FOR RECOMMENDATIONS
The West Contra Costa Hospital District has amended its Conflict of Interest code
and submitted the amendments to the Board for approval pursuant to Government
Code sections 87306 and 87306 . 5 .