HomeMy WebLinkAboutMINUTES - 03091993 - 1.50D ' Contra
TO: BOARD OF SUPERVISORS c: 3 Costa
FROM: Victor J. Westman, County Counsel ,;�.°
County
By: Mary Ann McNett Mason, Deputy County Counse �OSTq.couK`�
DATE:
SUBJECT: Adoption of Conflict of Interest Code of the Contra Costa County
Fire Protection District
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Repeal the former Conflict of Interest Code of the Contra Costa
County Fire Protection District and approve and substitute the
attached as said code.
BACKGROUND/REASONS FOR RECOMMENDATIONS
The Contra Costa County Fire Protection District 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) : zl
ACTION OF BOARD ON APPROVED AS RECOMMENDED >G 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 ON THE DATE SHOWN.
Orig: County Counsel ATTESTED % / 9 93
cc: Clerk, Board of Supervisors PHIL BATCHELOR, CLERK OF
Michael H. George, Contra Costa THE BOARD OF SUPERVISORS
County Fire Protection District AND COUNTY ADMINISTRATOR
BY DEPUTY
MAM/jh
J-12:a:\board.fpd
FR.
- 1 1992
TO: Clerk of the Board of Supervisors CLERK BOARD OF SUPERVISORS
651 Pine Street, Suite 106 CONTRA COSTA CO.
Martinez, California 94553
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 Contra Costa County Fire Protection District
is hereby
submitted to the code reviewing body, the Board of
Supervisors, for approval. (Your proposed amendment
must accompany this form. )
Dated: September 30, 1992 Michael H. George
Completed By
Contra Costa County
Agency: Fire Protection District
Address: 2010 Geary Road
Pleasant Hill, CA 94523
Telephone No. (510) 930-5506
THE FILING DATE FOR SUBMITTING THIS DOCUMENT IS OCTOBER 1, 1992.
CONFLICT OF INTEREST CODE
OF THE
CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT OF CONTRA COSTA COUNTY
SECTION 100. Purpose. Pursuant to the provisions of Government Code
Sections 87300, et. seq. , the Contra Costa County Fire Protection 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 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 in 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 Executive Secretary.
(b) In the case of agency heads and the members of boards and
commissions, the Clerk or Secretary of the agency which receives the statement
of financial interest shall make and retain a copy and forward the original to
the Clerk of Contra Costa County.
(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 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) When an investment, or an interest in real property, is
required to be reported, the statement shall contain: 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 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, if any, of
each source;
(2) When income is required to be reported under this article, the
statement shall contain: 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) ; in the case of a loan, the
statement shall contain the annual interest rate and the security, if any,
given for the loan;
(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 gift received through an intermediary, the
name, address, and business activity of both the donor and the intermediary
must be disclosed.
(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 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;
(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.
3
(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 (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.
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.
EXHIBIT "A"
Designated Positions Disclosure Category
Member of Board of Fire Commissioners 1 & 2
Chief Administrator, Fire Chief 1 & 2
Assistant Chief, Planning & Resources 1 & 2
Administrative Fire Officer 1 & 2
Coordinator, Carpenter Shop Services 3(C)
Coordinator, Electrical Services 3(C)
Coordinator, Air & Heating Equipment Services 3 (C)
Coordinator, Plumbing Services 3(C)
Assistant Chief, Fire Suppression & Rescue Services 1 & 2
Battalion Chief 1 & 2
Captains 2
Supervisor, Apparatus Shop 3(A)
Supervisor, Communications 3(B)
Fire Officer - Exempt 3(A) (C) (D) (K) (Q)
Station Supplies Functional Supervisor 3(D) (K)
Inventory Program Functional Supervisor 3(D) (P)
Canvas Shop Functional Supervisor 3 (E)
Commercial Salvage Program Functional Supervisor 3(C) (D) (K)
Air/Oxygen System & Services Functional Supervisor 3(F) (K)
Seasonal Tanker Program Functional Supervisor 3(D) (K) (P)
Aircraft Program Functional Supervisor 3(G)
Hydrant Program Functional Supervisor 3(C) (D) (J) (K)
Hose Program Functional Supervisor 3(L)
Files and Records Functional Supervisor 3 (P)
Mapping Program Functional Supervisor 3 (M)
Fire Trail Maintenance Functional Supervisor 3 (A) (C) (D)
Assistant Chief, Fire Prevention Services 1 & 2
Chief Fire Inspector 1 & 2
Supervising Fire Inspector, Weed Abatement 3(H) (K)
Supervising Fire Inspector, Plan Review & Water Supply 3(I) (J) (K) (Q)
Supervising Fire Inspector, Investigations 3 (K)
Supervising Fire Inspector, Public Education 3 (K) (0)
Supervising Fire Inspector, Code Enforcement 3(I) (J) (K) (P) (Q)
Field Area Inspectors 3(I) (K)
Plan Review & Water Supply Inspectors 3(I) (J) (K) (Q)
Chief of Administrative Services, Budget & Personnel 1 & 2
Office Manager 3(P)
Fire Training Supervisor 1 & 2
Photography Program Functional Supervisor 1 & 2
Members of Advisory Committee
Apparatus Committee 3(A)
Facilities Design Committee 3(C) (D) (I) (P)
Safety Committee 3(K)
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 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 Fire Protection 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 Category 112" 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 Contra Costa County Fire
Protection District to provide services, supplies, materials, machinery, or
equipment to such District.
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 Contra Costa County Fire
Protection District to provide services, supplies, materials, machinery or
equipment which are related to the following areas:
(A) Motor Vehicle Equipment Service & Supplies
(B) Communications Equipment Service & Supplies
(C) Building & Grounds Material Equipment Service & Supplies
(D) Material, Equipment Service & Supplies for Stations
(E) Canvas Service & Supplies
(F) Air Systems Equipment Service & Supplies
(G) Aircraft Equipment Service & Supplies
(H) Material & Service for Weed Abatement Program
(I) Material & Service for Building Construction
(J) Material & Service for Water Supply for Fire Protection
(K) Fire Protection Equipment, Service & Supplies
(L) Hose Service & Supplies
(M) Mapping Service & Supplies
(N) Photography Equipment Service & Supplies
(0) Public Education Material Service & Supplies
(P) Office Equipment Service & Supplies
jQ) meal Property within the District
R) Commercial Salvage Service & Supplies
(S) Hydrant Service & Supplies
(T) Records & Files Service & Supplies
(U) Safety Service & Supplies
COUNTY COUNSEL'S OFFICE
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 Counsel
Re: Conflict of Interest Code of the Contra Costa County Fire
Protection District
Attached hereto is the revised Conflict of Interest Code for
the Contra Costa County Fire Protection District. The code is
approved as to form.
Please place this matter on the Board of Supervisors ' agenda as
requested by the Fire Protection District. A draft board order is
attached.
MAM/f j b
cc: Michael H. George, C.C.C. Fire Protection District
Attachments
J-12:a:\confinemo.fpd