HomeMy WebLinkAboutMINUTES - 03091993 - 1.50B �� 5�..�.••0 1. 50 �
- ' Contra
TO: BOARD OF SUPERVISORS .;% t'
Costa
FROM: Victor J. Westman, County Counsel
a County
By: Mary Ann McNett Mason, Deputy County Counsel ;., .,. �°
DATE: OSTq,COUK�
SUBJECT: Adoption of Conflict of Interest Code of the Office of the
County Counsel
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Repeal the Office of the County Counsel ' s former Conflict of
Interest Code and approve and substitute the attached as said
code .
BACKGROUND/REASONS FOR RECOMMENDATIONS
The County Counsel has adopted a revised Conflict of Interest
Code and submitted it to the Board for approval pursuant to
Government Code section 87303 .
CONTINUED ON ATTACHMENT: YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) : �ag
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
SUPERVISORON THE DATE SHOWN.
Orig: County Counsel ATTESTED
cc: Clerk, Board of Supervisors PHIL BATCHELOR, CLERK OF
THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
BY DEPUTY
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11992 j
TO: Clerk of the Board of Supervisors --- - -
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.
B. X The proposed amendment to the Conflict of Interest Code for Office of
County Counsel is hereby submitted to the code reviewing body, the
Board of Supervisors, for approval.
Dated: 10-1-92 Complete by: "i
Mary nn Mason
Depu County Counsel
Agency: Contra Costa County Counsel
Address: 651 Pine Street, 9th Floor
Martinez, CA 94553
Telephone: (510) 646-2074
THE FILING DATE FOR SUBMITTING THIS DOCUMENT IS OCTOBER 1, 1992.
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Adopted as of 10-1-92
4 ,(// / o
Victo J. Westman
County Counsel
CONFLICT OF INTEREST CODE
OF THE
COUNTY COUNSEL
OF CONTRA COSTA COUNTY
Section 100 . Purpose. Pursuant to the provisions of the
Government Code sections 87300, et seq. , the County Counsel 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 (Gov.
Code, S 81000 et seq. ) . 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.
Section 400. Place and Time of Filing.
a. All designated employees required to submit a statement
of financial interest shall file the original with the Office
Manager.
b. In the case of agency heads and the members of boards
and commissions, the Office Manager shall make and retain a copy
of the statement and forward the original to the clerk of the
Board of Supervisors.
c. All designated employees employed on the effective date
of this Code, as originally adopted, promulgated and approved by
the code reviewing body, shall file initial 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 appointment,
promotion or transfer.
d. Annual statements shall be filed during the month of
April 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 positions .
e. A designated employee required to file a statement of
financial interest under any other agency's conflict of interest
code, or under Article 2 of Chapter 7 of the Political Reform Act
for a jurisdiction contained within the territorial jurisdiction
of this agency may comply with the provisions of this Code by
filing a duplicate copy of that statement and an expanded
statement which covers reportable interests in that portion of
this agency's jurisdiction which differs from the jurisdiction
described in the other statement.
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
not exceed one hundred thousand dollars
($100,000) , or whether it exceeds one hundred
thousand dollars ($100,000) . This information
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i
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.
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.
(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 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;
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(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, a description of the business activity in
which the business entity is engaged, and the designated
employee' s position with the business entity.
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 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 any decisions or using their official position to influence
the making of any decision 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.
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EXHIBIT "A"
Designated Positions Disclosure Category
Assistant County Counsels 1
Deputy County Counsels - Deep Class 1
Civil Litigation Attorney 1
Deputy County Counsels - Fixed Term 1
Officer Manager 1
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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.
1 . Designated Employees in Category "1" must report:
(a) All investments, interests in real property, and
income, and any business entity in which the employee is a
director, officer, partner, trustee, employee, or holds any
position of management. These 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
(and 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.
(b) 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 has within the last two years contracted or
foreseeably may contract with Contra Costa County, or with any
public agency within Contra Costa County, to provide services,
supplies, materials, machinery or equipment to either party.
2. Designated Employees in Category "2" 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 has within the last two years contracted, or
foreseeably may contract, with Contra Costa County to provide
services, supplies, materials, machinery or equipment to the
County Counsel 's office.
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CLERK OF THE BOARD
Inter - Office Memo
TO: County Counsel DATE: January 11 ,1993
Attn: Mary Anne Mason
Deputy County Counsel
FROM: Jeanne Maglio
Chief Clerk 97 -
SUBJECT: . Proposed Change for Conflict of Interest Code
By this memo is transmitted for your review the proposed change to
the Conflict of Interest Code for Contra Costa County Counsel
Upon receipt of your recommendation,
the amended Code will be listed on the Board Agenda.
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Attachment
cc: Mary Ann Mason, Deputy County Counsel
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 Counsell
Re: Conflict of Interest Code of the Office of the County Counsel
Attached hereto is the revised Conflict of Interest Code for the
office of the County Counsel . The code is approved as to form.
Please place this matter on the Board of Supervisors ' agenda as
requested by the County Counsel . A draft board order is attached.
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Attachments
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