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HomeMy WebLinkAboutMINUTES - 03231993 - 1.68A Contra TO: BOARD OF SUPERVISORS __k Costa FROM: Victor J. Westman, County Counsel y vCounty By: Mary Ann McNett Mason, Deputy County Counse `k DATE: March 12, 1993 �oSTa coiiK c� 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 RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : 14 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 cc: Clerk, Board of Supervisor PHIL BATCHELOR, CLERK OF Kiri Torre, County Municipal THE BOARD OF SUPERVISORS Court Administrator AND COUNTY ADMINISTRATOR BY �G(1 , DEPUTY MAM/f jb fjb 3-93a:\board.frm F CEI ED TO: Clerk of the Board of Supervisors 651 Pine Street, Suite 106 Martinez, California 94553 TRaO SUP CO ISORS SUBJECT: STATEMENT FOR GOVER14MENT, 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 for the Clerk-Admi._ni strator's Office of the Mmicipal rrn n-ts 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 County Municipal Court Administrator Agency: Municipal Courts Administration Address: 2020 N. Broadway, #204 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. o ( 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) 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 "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 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 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 .