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Home My WebLink AboutMINUTES - 03091993 - 1.50E � s = r' Contra TO: BOARD OF SUPERVISORS n, - ;3 Costa c� County FROM: Victor J. Westman, County Counsels; By: Mary Ann McNett Mason, Deputy County Counsel �o: •'� Spqcoli DATE: SUBJECT: Adoption of Conflict of Interest Code of the Contra Costa County Schools Insurance Group SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Approve the attached Conflict of Interest Code of the Contra Costa County Schools Insurance Group. BACKGROUND/REASONS FOR RECOMMENDATIONS The Contra Costa County Schools Insurance Group has adopted the attached 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) : ACTION OF BOARD ON APPROVED AS RECOMMENDED _ZG OTHER I 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�� 6y, l9'9-751 cc: Clerk, Board of Supervisors PHIL BATCHELOR, CLERK OF John Hendrickson, Dep. Superintendent THE BOARD OF' SUPERVISORS Contra Costa County Office of EducationAND COUNTY ADMINISTRATOR BY , DEPUTY MAM/f j b J-12:a:\board.ins IN THE CONTRA COSTA COUNTY SCHOOLS INSURANCE GROUP OF CONTRA COSTA COUNTY,STATE OF CALIFORNIA In the Matter of Resolution Adopting a Conflict ) of Interest Code for the Contra Costa County ) Resolution No. 1-92/93 Schools Insurance Group Board of Directors, ) Alternates, and Staff ) WHEREAS the Political Reform Act (Government Code, Section 81000 et seq.) in Government Code, Section 87300 requires every local governmental agency adopt a Conflict of Interest Code; WHEREAS local government agency means a county, city, or district of any kind, including school district or any other local or regional political subdivision, or any department, division, bureau, office, or commission, or other agency of the foregoing Government Code, Section 82041; WHEREAS the Contra Costa County Schools Insurance Group is a separate public entity formed pursuant to a joint exercise of powers agreement and within the meaning of the Government Code and must adopt a Conflict of Interest Code; WHEREAS the terms of Title II California Code of Regulations, Section 18730, and any amend- ments to it duly adopted by the Fair Political Practices Commission, along with the attached appendix, 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 Contra Costa County Schools Insurance Group; WHEREAS a public hearing was held on November 13, 1992, as required by Government Code, Section 87311; WHEREAS a first reading of the Conflict of Interest Code was held on November 13, 1992; WHEREAS a second reading and vote for approval was held on December 11, 1992. BE IT THEREFORE RESOLVED that the Contra Costa County Schools Insurance Group Executive Committee voted unanimously on December 11, 1992, to adopt the aforementioned Conflict of Interest Code. Pending its approval by the Code reviewing body of Contra Costa County, the conflict of Interest Code will be approved, adopted, and implemented in the Contra Costa County Schools Insurance Group. PASSED AND ADOPTED THIS 11 th day of December 1992 by the following vote of the Executive Committee: AYES: Currier, Frederick, Hendrickson, Kermoian, Mikuls, White NOES: ABSTAIN: ABSENT: De Sa I certify that the foregoing is a true and correct.copy of the Resolution approved by said Contra Costa County Schools Insurance Group Executive Committee on December 11, 1992. P Judy F crick, President Contr osta County Schools Insurance Group Board of Directors GS:ks:G50 Y� CONFLICT OF INTEREST CODE FOR CONTRA COSTA COUNTY SCHOOLS INSURANCE GROUP The Political Reform Act, Government Code sections 81000 et seq. , requires state and local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political Practices Commission has adopted a regulation, Title 2 California 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 in the Political Reform Act after public notice and hearings. Therefore, the terms of Title 2 California Code of Regulations section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission, along with the attached Appendix 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 Contra Costa County. Schools Insurance Group. 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 an original. Pursuant to section (b)4 of the standard Code, designated employees shall file statements of economic interests with the agency. Upon receipt of the statements of the members of the Board, the agency shall make and retain a copy and forward the original of these statements to the Clerk of the Board of Supervisors of Contra Costa County. v , CONFLICT OF INTEREST CODE FOR CONTRA COSTA COUNTY SCHOOLS INSURANCE GROUP APPENDIX Designated Employees Disclosure Categories Directors of the Board All Alternates All Risk Management Coordinator All Third Party Administrator All Consultants* All 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 the Contra Costa County Schools Insurance Group, 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 the Contra Costa County Schools Insurance Group to provide services, supplies, materials, machinery or equipment to the Contra Costa County Schools Insurance Group. Written Explanation of Reasons for Designations and Disclosure Responsibilities Contra Costa County Schools Insurance Group Designations The positions of Board Director, Alternate, Risk Management Coordinator, Third-Party Administrator and Consultants have been designated as those positions subject to provisions of the Conflict of Interest Code in that those positions are the only positions having any substantial responsibility relative to the Contra Costa County Schools Insurance Group decision-making process or policy. The term consultant includes the insurance brokers, the general counsel, and the claims administrator even though said positions are separately specified as well. Disclosure Responsibilities The categories relative to the types of interests that must be disclosed are based upon the types of financial interests relevant to the Contra Costa County Schools Insurance Group business which is confined to providing Workers' Compensation and Employers' Liability coverage to member districts. * With respect to Consultants, the Chairperson of the Board or the Executive Director, however, may determine in writing that a particular consultant, although a "designated person", 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 this Section. Such determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements.. A copy of this determination shall be retained by Contra Costa County Schools Insurance Group. Nothing herein-excuses any such consultant from any other provision of the Conflict of Interest Code. 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 (,/, ,ll Re: Conflict of Interest Code of the Contra Costa County Schools Insurance Group Attached hereto is the Conflict of Interest Code for the Contra Costa County Schools Insurance Group. The code is approved as to form. Please place this matter on the Board of Supervisors ' agenda as requested by the Contra Costa County Schools Insurance Group in its resolution of December 11 , 1992, a copy of which is attached. A draft board order is likewise attached. MAM/f j b cc: John Hendrickson, Deputy County Superintendent of Schools Attachments J-12:a:\confinemo.ins