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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 .