HomeMy WebLinkAboutMINUTES - 03091993 - 1.50F s F: 1.50 -F
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TO: BOARD OF SUPERVISORS n, ;3 Costa
County
,-o
FROM: Victor J. Westman, County Counsels.,
By: Mary Ann McNett Mason, Deputy County Counsel
q covK
DATE:
SUBJECT: Adoption of Conflict of Interest Code of the Mt. View Sanitary
District
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Approve amendment to the Conflict of Interest Code to substitute
Exhibit A to said code, as shown on the attached resolution 813-92
of the Mt. View Sanitary District.
BACKGROUND/REASONS FOR RECOMMENDATIONS
The Mt. View Sanitary District has amended Exhibit A to its Code
and submitted the amendment to the Board for approval pursuant to
Government Code sections 87306 and 87306 . 5 .
CONTINUED ON ATTACHMENT: YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ONAPPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
y I HEREBY CERTIFY THAT THIS IS A
�l 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, / 9 �3
cc: Clerk, Board of Supervisors PHIL BATCHELOR, CLERK OF
Sheri L. Gadd, Board Secretary THE BOARD OF SUPERVISORS
Mt . View Sanitary District AND COU TY ADMINISTRATOR
BY �/41 a7
, DEPUTY
MAM/f j b
J-12:a:\board.mvs
EXHIBIT "A"
Designated Positions
Pursuant to Section 2 of the Conflict of Interest Code of
Mt. View Sanitary District, the following positions are
designated positions. Officers and employees holding those
positions are deemed to make, or participate in the making of,
decisions which foreseeably have a material effect on a financial
interest:
Position Category
(a) Director (includes President) 1
(b) District Manager 1
(c) Secretary 2
(d) Engineer 1
(e) Attorney 1
(f) Assistant District Manager 2
To: Clerk of the Board of Supervisors ;
651 Pine Street Suite 106FM6
`::LER.EO:.RD OF S<!F[Fitl(�0r,;;i
Narrti m z, California 94553 CONTRA CO'.'7A CC,=
SD 03CT: S7%TZKM ' FOR GOVEMOEMCODE S=Cl!f 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 ;rmnded at this time.
(OR)
B. X The proposed amendment to the Conflict of Interest Code
for Mt. View Sanitary District
is hereby
suhrnitted to the code reviewing body, the Board of
Supervisors, for approval. (Your proposed amendment
must accompanv this form. )
Dated: 10/9/92 Sheri L. Gadd, Board Secretary
C=ieter BY
Agency: Mt. View Sanitary District
Address: PO Box 2757
Martinez, CA 94553
Telephone No. - (510) 228-5635
MM F=G DATE FOR SaffiUTTIliG TSTS DOCaKEM IS OCTOBER 1, 1992.
RESOLUTION NO. 813-92
A RESOLUTION OF THE BOARD OF DIRECTORS
OF MT. VIEW SANITARY DISTRICT AMENDING
THE DISTRICT'S CONFLICT OF INTEREST CODE
TO CONFORM TO AMENDMENT AS PROMULGATED
BY THE BOARD OF SUPERVISORS
The Board of Directors of Mt. View Sanitary District hereby
resolves:
1. WHEREAS, by Resolution No. 497-76, a Conflict of Interest
.Code, was duly adopted and thereafter amended by Resolution 535-79
amending the list of designated employees; and
2. WHEREAS, by order of the Contra Costa County Board of
Supervisors dated March 27, 1990, an amendment to all local Conflict
of Interest Codes was promulgated pursuant to the provisions of
Government Code Section 87302; and
3 . WHEREAS, There is attached hereto marked Exhibit "A" the
Conflict of Interest Code Mt. View Sanitary District, County of Contra
Costa, as amended to include the current titles of the designated
employees who are required to file Statements of Economic Interest and
their respective category and the amendment as mandated by the Board
of Supervisors;
NOW THEREFORE, IT IS FURTHER RESOLVED:
1. That Exhibit "A" is the current Conflict of Interest Code of
Mt. View Sanitary District.
2. That a certified copy of this resolution and the Conflict of
Interest Code of Mt. View Sanitary District be sent to Phil Batchelor
as Clerk of the Board of Supervisors.
THE FOREGOING RESOLUTION was duly and regularly adopted at a
meeting of the Board of Directors of Mt. View Sanitary District held
on October 8, 1992, by the following vote:
AYES: Directors BENEDICT, CASTRO and PASLEY, Vice President
KESSLER and President SAKAZAKI
NOES: None
ABSENT: None
ABSTAIN: None
Dorot y M. Saka aki, PRESIDENT
ATTEST:
Sheri L. Gadd, SECRETARY
CONFLICT OF INTEREST CODE
MT. VIEW SANITARY DISTRICT
COUNTY OF CONTRA COSTA
STATE OF CALIFORNIA
SECTION 1. Purpose. 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 as contained in Sections 82003 through 83048,
Government Code, and regulations contained in Section 18700 et seq.. of
Div. VI, Article 2 California Administrative Code, adopted pursuant
thereto are incorporated herein and this Code shall be interpreted in
a manner consistent therewith.
SECTION 2. 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 3. Disclosure Statements. Designated positions are hereby
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, real property, and
income, designated as reportable under the category to which the
employee's position in assigned on Exhibit "B" .
1
SECTION 4. Place and Time of Filing.
(a) All Designated employees required to submit a statement of
financial interests shall file the original with the District's
Secretary.
(b) The Secretary of the agency which receives the statement of
financial interest shall make and retain a copy and forward the
original to the County Clerk.
(c) A designated employee required to submit a statement of
financial interest shall submit an initial statement within 30 days
after the effective date of this Code.
(d) Employees appointed, promoted or transferred to designated
positions after the effective date of this Code shall file initial
statements within 30 days after date of employment.
(e) 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.
(f) 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 5. Contents of Disclosure Statements. Disclosure statements
shall be made of forms supplied by the County Clerk, 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
(2) The names 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) The statement whether the fair market value of the
investment, or interest in real property, exceeds ten
thousand dollars ($10,000) , and whether it exceeds on
hundred thousand dollars ($100,000) . 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 dollars ($250) or
more in value, or twenty five dollars ($25) 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 amount of income from
each source was greater than one thousand dollars
($1,000) , and 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.
(c) Contents of Business Entity Income Reports:
When income of a business entity, including income of 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, the name of every
person from whom the business entity received payments
if the filer's pro-rata share of fees from such person
was equal to or greater than ten thousand dollars
($10,000) during a calendar year.
3
(d) Contents of Management Position 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 i which they hold
any-position of management.
(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.
SECTION 6. 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.
4
EXHIBIT "A"
Designated Positions
Pursuant to Section 2 of the Conflict of Interest Code of
Mt. View Sanitary District, the following positions are
designated positions. Officers and employees holding those
positions are deemed to make, or participate in the making of,
decisions which foreseeably have a material effect on a financial
interest:
Position Category
(a) Director (includes President) 1
(b) District Manager 1
(c) Secretary 2
(d) Engineer 1
(e) Attorney 1
(f) Assistant District Manager 2
e
SECRETARY'S CERTIFICATE
I, Sheri L. Gadd, Secretary to the Mt. View Sanitary
District, do hereby certify as follows:
The foregoing is a full , true, and correct copy of a
resolution duly adopted at a regular meeting of the Board of
Directors of said District, duly and regularly and legally held
at the regular meeting place thereof on October 8, 1992, of which
meeting all of the members of said Board had due notice and at
which a majority thereof was present.
At said meeting said resolution was upon motion duly
seconded and adopted by the vote as therein set forth.
I have carefully compared the same with the original
minutes of said meeting on file and of record in my office and
that said resolution is duly entered of record in the minutes and
the foregoing is a full, true and correct copy of the original
resolution adopted at said meeting and entered in said minutes.
Said resolution has not been amended, modified or
rescinded since the date of its adoption and the same is now in
full force and effect.
Dated: October 9, 1992
Sheri L. Gadd, SE TARY OF THE
DISTRICT BOARD OF MT. VIEW SANIT Y
DISTRICT, COUNTY OF CONTRA COSTA,
STATE OF CALIFORNIA
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 Mt. View Sanitary
District
Attached hereto are amendments to the Conflict of Interest Code
for the Mt. View Sanitary District. The amendments are approved as
to form.
Please place this matter on the Board of Supervisors ' agenda as
requested by the District. A draft board order is attached.
MAM/f j b
cc: Attention: Sheri L. Gadd, Board Secretary
Mt . View Sanitary District
Attachments
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