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HomeMy WebLinkAboutMINUTES - 03231993 - 1.68D Contra TO: BOARD OF SUPERVISORS '` = Costa o; FROM: Victor' J. Westman, County Counsel County By: . Mary Ann .McNett Mason, Deputy County Coun � ``� OST9. is" DATE: March 12, 1993 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 l 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 SUPERVISORS fN 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 U TY ADMINISTRATOR BY , DEPUTY MAM/f j b fjb 3-93a:\board.frm OCT 1 51992 TO: Clerk of the Board of Supervisors CLERK Ea `s:�� �.� ^, 651 Pine Street, Suite 106 _ _cu 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._m The proposed amendment to the Conflict of Interest Code for West Contra Costa Hospital District, 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 C d Cof —Lll-1�►O 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 11 1992. OCT 1 515: CONFLICT OF INTEREST CODE OF THE - WEST CONTRA COSTA HOSPITAL DISTRICT OF THE COUNTY . CONTRA 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 empleyee required to submit a states ef finaneial interest shall submit an initial statement within 30 days--a ter the--e-€€eetiv= date of tris—ed -r 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. transferred--te--designated gositiene shall file initial statement-- within (e) All ether empleyees appointed, premeted, or transferred—te—designated—peeltiens—shall file initial statement net less than !G days bef ore a . - 9f f iee, unless an eariier "fie-ease, the statement shall be filed wi th i n go days there:f:__ . (d) Annual statements shall be filed during the month of February by all designated employees. Such statements shall cover \DOC\M0050005\61749 w ti 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 his/her 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, a eed ten theusan \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 fifty ($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 was greater than one theuBand ($1,990.99+ dollars and whether it was greater than ten thousand ($!9,990.9e) dellare . 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\140050005\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 secilrity. 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\MD050005\61744 management. (e) Initial Statement: The initial statement filed by an employee appointed to a designated position shall disclose any reportable investments and i interests in realro ert . P P Y (f) Acquisition or Disposal During Reporting Period: In the case of a statement filed under Section 400(f) , if X 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. 0 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 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\B0050001\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\60050001\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 (1) 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\60050001\60731 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 I 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 .