HomeMy WebLinkAboutMINUTES - 03091993 - 1.50A 4 1 .50 0
.;. r ...... Contra
TO: BOARD OF SUPERVISORS n• S Costa
;a County
FROM: Victor .J. Westman, County Counsel
By: Mary Ann McNett Mason, Deputy County Counse °osrq.coiiK
DATE:
SUBJECT: Amendment to Conflict of Interest Code of; the Central Contra Costa
Transit Authority
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Approve amendment to the Central Contra Costa Transit Authority' s
Conflict of Interest Code to substitute the attached as said code,
as shown on the attached memorandum from the Central Contra Costa
Transit Authority.
BACKGROUND/REASONS FOR RECOMMENDATIONS
The Central Contra Costa Transit Authority has amended Exhibit A
and other provisions of its code and submitted the amendments to
the Board for approval pursuant to Government Code sections 87306
and 87306 . 5 .
0
CONTINUED ON ATTACHMENT: YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON /ff.-3 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
X 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 THE DATE SHOWN.
Orig: County Counsel ATTESTED �� 1,
cc: Clerk, Board of Supervisors PHIL BATCHELOR, CLERK OF
Janet Madrigal, Central Contra THE BOARD OF SUPERVISORS
Costa Transit Authority AND COUNTY ADMINISTRATOR
Filing Officer
BY , DEPUTY
MAM/f j b
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ADMINISTRATIVE OFFICES nneCt1Ol2 CUSTOMER SERVICE/
2477 ARNOLD INDUSTRIAL WAY TRANSPORTATION CENTER
CONCORD,CA 94520-5327 1990 N.CALIFORNIA BLVD,SUITE 100
(510)676-1976 WALNUT CREEK,CA 94596-3739
(FAX)(510)687-7306 (510)676-7500
(FAX)(510)932-1478
October 19, 1992 RECEIVED
+0� 2 1 1992
CLERK 130ARC OF SUPERVISORS
COF:TRA COST
Jeanne O. Maglio
Chief Clerk
Contra Costa County
Board of Supervisors
651 Pine Street, Room 106
Martinez, CA 94553
Dear Ms. Maglio:
Enclosed is a copy of Resolution 93-011 which amends the Authority's Conflict of Interest Code to
properly designate the changed titles of employees who must make disclosures under the Code and
to incorporate changes to the standard code, 2 California Code of Regulations, § 18730, made since
the Authority adopted its Code.
This Resolution was approved by the Authority's Board of Directors on October 15, 1992. 1 have
also enclosed Exhibit A to the Resolution which shows the amendments made to the Authority's
Code.
If you have any questions, please call me at (510) 676-1976, extension 307.
Very truly yours,
Janet Madrigal
CCCTA Filing Officer
Enclosures
ROBERT SCHRODER A.G.DESSAYER SHERRY STERRETT ROBERT KENDALL LLOYD MASHORE BEVERLY LANE
CHAIR VICE CHAIRSECRETARY City of Clayton City of Concord Town of Danville
Contra Costa County Town of Moraga City of Pleasant Hill
GAYLE B.UILKEMA BEVERLY MCDOWELL WILLIAM DABEL PATRICIA BOOM RON BEAGLEY ROBERT C.PATRICK JR
City of Lafayette City of Martinez City of Orinda City of San Rarnon City of Walnut Creek GENERAL MANAGER >: ,: .
no
• • • • • TRANSIT • •
�Y
ABSTRACT I OCT 2 11992
• RESOLUTION 93-011
i
• 'ICL EI"l!C �`J:�.RD QF Si !rV1SOR5
C0� RA co`FTA CC).
By this resolution, the Board of Directors amends CCCTA's Conflict of Interest Code
(Code) to properly designate the changed titles of employees who must make disclosures under
the Code and to incorporate changes to the standard code, 2 California Code of Regulations,
§ 18730, made since CCCTA adopted its Code.
RESOLUTION 93-011
CENTRAL CONTRA COSTA TRANSIT AUTHORITY
BOARD OF DIRECTORS
Whereas, the County of Contra Costa and the Cities of Clayton, Concord, the Town of
Danville, Lafayette, Martinez, the Town of Moraga, Orinda, Pleasant Hill, San Ramon and
Walnut Creek, (hereinafter "member jurisdictions") have formed the Central Contra Costa
Transit Authority (CCCTA), a joint exercise of powers agency created under California
Government Code Sections 6500 et seq., for the joint exercise of certain powers to provide
coordinated and integrated public transportation services within the area of such member
jurisdictions; and
Whereas, on June 16, 1988, CCCTA adopted a First Amended Conflict of Interest Code
(Code) incorporating the standard code contained at 2 California Code of Regulations § 18730;
and
Whereas, as the code reviewing body for public agencies within the County of Contra
Costa, the Board of Supervisors of Contra Costa County further amended all local Conflict of
Interest Codes, which includes CCCTA's Code, on or about August 2, 1988; and
Whereas, pursuant to Govt. Code § 87306.5, the Fair Political Practices Commission
(FPPC) has now required that every public agency within the State review and amend its
Conflict of Interest Code as necessary to bring it into accordance with the law; and
Whereas, other than revisions required by revisions to the standard code, the only section
of CCCTA's Code which needs revision is to change the titles of designated employees set forth
on Appendix A to accurately reflect the current titles of employees currently holding such offices
at CCCTA; and
Whereas, pursuant to 2 California Code of Regulations § 18752, these revisions to
CCCTA's Code are non-substantive amendments which do not require public notice or comment;
and
1
Whereas, with the aid of its staff, the Board of Directors has reviewed the proposed
amendments to CCCTA's Code attached hereto as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Central
Contra Costa Transit Authority that CCCTA's First Amended Conflict of Interest Code be
further amended as set forth on Exhibit A.
BE IT FURTHER RESOLVED that the General Manager, or his designee, is authorized
to transmit CCCTA's First Amended Conflict of Interest Code, as further amended, to the
Contra Costa County Board of Supervisors as the code reviewing agency for CCCTA.
This resolution was entered into by the Board of Directors of the Central Contra Costa
Transit Authority this 15th day of October 1992.
CENTRAL CO COSTA TRANSIT AUTHORITY
Ro ert I. Schroder, Chair
Beagley, Boom, Dabel , Kendall , Lane, Mashore,
AYES: McDowell , Schroder, Sterrett, Uilkema
NOES: None
ABSENT: Dessayer
ABSTAIN: None
ATTEST:
Hilda Luoma, Cl rk
93-011.res
2
D
FIRST AMENDED OCT 2 11992
CONFLICT OF INTEREST CODE
i
FOR F'•.'):'.`'D OF LI?ERVI;ORE
THE CENTRAL CONTRA COSTA TRANSIT AUTHORITY v I r,cTAr`r�
�_.... �_._._,..e.__. . 0, .a
(CCCTA)
The Political Reform Act, Government Code Sections 81000, et sea. ,
requires State and local government agencies to adopt and promulgate Conflict
of Interest Codes. Pursuant to Government Code Section 82041, the CCCTA is a
local government agency for the purposes of the Political Reform Act. The
Fair Political Practices Commission has adopted a regulation, 2 Cal. Adm. Code
of Regulations Section 18730, which contains the terms of a standard Conflict
of Interest Code which can be incorporated by reference, and which may be
amended by the Fair Political Practices Commission to conform to amendments by
the Political Practices Commission in the Political Reform Act after public
notice and hearings. The terms of 2 Cal. Adm•T Code Section
.,.....,ate 9 u.......�.:...��.......
18730 and any amendments to it duly adopted by the Fair Political Practices
Commission, along with the attached Appendices A and B, in which officials and
employees are designated and disclosure categories are set forth, are hereby
incorporated by reference and constitute the Conflict of Interest Code of the
Central Contra Costa Transit Authority.
Designated employees shall file statements of economic interests
pursuant to Section 4(A) of the Code. The General Manager shall identify the
CCCTA staff person with whom statements shall be filed. Upon receipt of the
statements of the CCCTA Board of Directors, the agency shall make and retain a
copy and forward the original of these statements to the Contra Costa County
Board of Supervisors. Upon receipt of statements from all other designated
CCCTA employees, the CCCTA staff person shall retain the original in the CCCTA
files.
Interpreting this Conflict of Interest Code, the substance and breadth
of disclosure is to be consistent with and not to exceed existing law and
pertinent regulations.
1
EXHIBIT A
APPENDIX A
DESIGNATED EMPLOYEES
Members of the CCCTA Board of Directorsl/
Alternate Members of the CCCTA Board of Directorsl/
General Manager l/
Assistant General Manager/ 1/
Legal Counsel l/
Consultants*
*With respect to Consultants, the General Manager or the CCCTA Board of
Directors may determine in writing that a particular consultant is hired to
perform a range of duties that are limited in scope and thus is not required
to comply with the disclosure requirements described in these categories.
Such 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 shall forward a copy of this determination
to the Clerk of the Board of Supervisors. Nothing herein excuses any such
consultant from any other provision of this Conflict of Interest Code.
2
APPENDIX B
DISCLOSURE CATEGORIES
Cateaory 1
All investments and sources of income.
All interests in real property located in whole or in part within
or not more than two (2) miles outside of the boundaries of the
CCCTA service area.
Cateaory 2
Investments ons in business entities or
income from sources which, within the past two (2) years, have
contracted with the CCCTA in an area of responsibility lying
under the designated employee's control or jurisdiction to 44
provide services, supplies, materials, machinery, or equipment.
Interests in real property located in whole or in part
within, or not more than two (2) miles outside of, the boundaries
of the CCCTA service area.
Category 3
Investmentsk# '8fis :.,:st :<ii in business entities for
income from sources which, within the past two (2) years, have
contracted with the CCCTA in an area of responsibility lying
under the designated employee's control or jurisdiction to
provide services, supplies, materials, machinery, or equipment.
3
Regulations of the Fair Political Practices Commission
(Title 2, Division 6 of the California Administrative Code)
18730, Provisions of Conflict of Interest Codes
(Gov. Code Sections 87300 - 873021
(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 sea. 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) Section 1. Definitions.
The definitions contained in the Political Reform Act of 1974,
regulations of the Fair Political Practices Commission (2
Cal. Adm. Code Sections 18100 et sea. ) , 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 Political Reform Act, Government Code Sections
4
87200, et sec.1/
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 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.
.I/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 angriginal. See Government Code Section 81004.
See Government Code Section 81010 and 2 Cal. Adm. Code 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.
after leaving office.
5
(B) 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
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
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(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 business positions held on the effective date of
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(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 00d
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(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
6
during the period between the closing date of the last statement
filed and the date of leaving office.
(7) Section 7. Manner of Revortina.
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) Investment and Real Proverty Disclosure. When an
investment or an interest in real property 3/ is required to be
reported,4/ 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;
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,5 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
3/ For the purpose of disclosure only (not disqualification), an
interest in real property does not include the principal residence of the
filer.
4/ 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.
3/ 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.
7
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 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;
S. 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,6/ the statement shall contain:
1. The name, address, and a general description of
the business activity of the business entity; 64
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.
6� Income of a business 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 fileer.
8
(8) Section 8. Discualification.
No designated employee shall make, participate in making, or in
any way attempt to use his or her official positions to influence the
making of any.5;overnmental 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:
(A) Any business entity in which the designated employee
has a direct or indirect investment worth one thousand dollars
($1,000) t ;
(B) Any real property in which the designated employee has
a direct or indirect interest worth one thousand dollars
($1,000)
(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;
(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 two hundred fifty dollars ($250)
or more in value provided to, received by, or promised to the
designated employee within twelve (12) months prior to the time
when the decision is made.
�.......... . �....y:
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} # f Section 8 Manner of Discualification.
When a designated employee determines that he or she should not
make a governmental decision because he or she has a finanejej
9#00""0 fX"0 interest in it, the determination not to act must be
accompanied by disclosure of the faneial ; tif .3 interest.
In the case of a voting body, this determination and disclosure shall
be made part of the agency's official record; in the case of a
designated employee who is the head of an agency, this determination
9
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.
(9)Section 9. 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.
(10) Section 20.1. 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 Government4Code
Section 87100 or 87450 has occurred may be set aside as void pursuant
to Government Code Section 91003.
History•
(1) New section filed as emergency April 2, 1980;
effective upon filing.
(2) Amendment (b) filed January 9, 1981; effective
February 8, 1981.
(3) Amendment (b) (7) (B) filed January 26, 1983; effective
February 25, 1983.
(4) Amendment (b) (7) (A) filed November 10, 1983; effective
December 9, 1983.
(5) Amendment filed April 13, 1987; operative May 13,
1987.
Win >::.,;.:; :.
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20
COUNTY COUNSEL'S OFF/CE
CONTRA COSTA COUNTY
MARTINEZ, CALIFORNIA
Date: February 26 , 1993
To: Clerk, Board of Supervisors
From: Victor J. Westman, County Counsel
By: Mary Ann McNett Mason, Deputy County Counsel1 ./ /�.
Re: Conflict of Interest Code of the Central Contra Costa
Transit Authority
Attached hereto are amendments to the Conflict of Interest Code
for the Central Contra Costa Transit Authority. The amendments are
approved as to form.
Please place this matter on the Board of Supervisors ' agenda as
requested by the Authority' s Filing Officer. A draft board order is
attached.
MAM/f jb
cc: Janet Madrigal, CCCTA Filing Officer
Attachments
J-12:a:\confinemo.trn