Loading...
HomeMy WebLinkAboutMINUTES - 03231993 - 1.68B �,��•' t__:',Off, t - Contra TO: BOARD OF SUPERVISORS '; -- Costa FROM: Victor J. Westman, County Counsel County By: 'o By: Mary Ann McNett Mason, Deputy County Counse � • _-__ v� ��4jA COUK�•C� DATE: March 12, 1993 ! n SUBJECT: Amendment to Conflict of Interest Code of the Antioch Unified VY 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 //I, *. M. 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 i,64 vs 4 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 91553 SUBJECT: STATEMENT FOR G 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 Antioch Unified School D4strict 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 . Disaualification. 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" Disclosurenisclosure 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 GrouF "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 Emiloyees 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 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 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 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 jb cc: James R. Wells, Assistant Superintendent Business Services Attachments fb3-93 a:\conflict.ant ANTIOCH UNIFIED SCHOOL DISTRICT 51 OG*Street-P.O.Box 768,Antioch,California 945090904 TFJ EPHONE(5 10)70&4 100-FAX.(510)757-2937 ALAN J.NEWELL,J.D. Oon JAMES R.WELLS,Ph.D. OF SCHOOLS ASSISTANT SLWVJ1INTEN13Errr:BUSINESS SERVICES DENNIS GOETTSCH JAMES M.PATTON ASSIS'T'ANT SUPEJ31N7ENDFl :PERSONNEL SERVICES DIRECTOR RESEARCH AND DEVEI.OPMEW LYNN STRAIGHT,Ph.D. JAN NIEBERLEIN ASSISTANT SUPERINnFMENT:EDUCATIONAL SFIRVICES D DIRECTOR PEFLSOr NEL COMMISSION RECEIVED SEP 8 1992 September. 4, 1992 cLErir. 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:bme Enclosures