HomeMy WebLinkAboutMINUTES - 05181993 - 1.48 Ll V
Contra
TO: BOARD OF SUPERVISORS 1` �`K
= s Costa
FROM: Victor J., Westman, County Counsel County
By: Phillip S. A01thof f, Deputy County Counse ="'t 4°
=,'may
DATE: May 6, 1993 covK y
SUBJECT: Conflict of Interest Code of the Juvenile Justice - Delinquency
Prevention Commission
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Adopt the attached revised conflict of interest code.
FISCAL IMPACT
None.
BACKGROUND/REASONS FOR RECOMMENDATIONS
The Juvenile Justice - Delinquency Prevention Commission has
revised its conflict of interest code and submitted the code to the
Board of Supervisors for approval pursuant to Government Code
sections 87303, 87306, and 87306 .5 .
CONTINUED ON ATTACHMENT: YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON YjLkffyd, X 1,7213 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
SUPERVISORS ON THE DATE SHOWN.
Orig: Juvenile Justice - Delinquency ATTESTED 99la3
Prevention Commission PHILffRATCHELOR, CLERK OF
cc: County Administrator THE BOARD OF SUPERVISORS
County Counsel AND COUNTY ADMINISTRATOR
Clerk of the Board
BY � , DEPUTY
PSA/jh
CONFLICT OF INTEREST CODE
OF THE
JUVENILE JUSTICE-DELINQUENCY PREVENTION COMMISSION
CONTRA COSTA COUNTY
SECTION 100 . Purpose. Pursuant to the provisions of the
Government Code sections 87300, et seq. , the Juvenile Justice-
Delinquency Prevention Commission 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, § 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 & Time of Filing.
(a) All designated employees required to submit a statement
.of financial interest shall file the original with the Secretary
of the Juvenile Justice-Delinquency Prevention Commission.
(b) In the case of agency heads and the members of boards
and commissions, the Secretary of the Juvenile Justice-
Delinquency Prevention Commission 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.
Ip
RECEIVED
COUNTY COUNSEL'S OFF/CE
CONTRA COSTA COUNTY MAY 7 i� �
MARTINEZ, CALIFORNIA
CLERK BOARD OF SUPERVISORS
IL CONTRA COSTA Co.
Date: May 6, 1993
To: Jeanne Maglio, Chief Clerk of the Board of Supervisors
From: Victor J. Westman, County Counsel
By: Phillip S. Althoff, Deputy County Counse
Re: Conflict of Interest Code for the Juvenile Justice -
Delinquency Prevention Commission
Attached is a Board Order on the above-referenced matter.
PSA/jh
attachment
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TO: BOARD OF SUPERVISORS
,� ,• Contra
Costa
FROM: Victor J. Westman, County Counsel
By: Phillip S. Althoff, Deputy County Counsel ' .;�� County
DATE: May 6, 1993 oosrA'couK ��
SUBJECT: Conflict of Interest Code of the Orinda Union School District
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Adopt the attached revised conflict of interest code.
FISCAL IMPACT
None.
BACKGROUND/REASONS FOR RECOMMENDATIONS
The Orinda Union School District has revised its conflict of
interest code and submitted the code to the Board of Supervisors
for approval pursuant to Government Code sections 87303, 87306, and
87306 .5 .
CONTINUED ON ATTACHMENT: YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON3 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
SUPERVORS ON THE DATE SHOWN.
Orig: Orinda Union School District ATTESTED 6/�? 3
PHA BA CHELOR, CLERK OF
cc: County Administrator THE BOARD OF SUPERVISORS
County Counsel AND COUNTY ADMINISTRATOR
Clerk of the Board f�
BY (/ , DEPUTY
PSA/jh '
RECEIVE®
APR 2 21993
CONFLICT OF INTEREST CODE
OF THE CLERK BOARD OF SUPERVISORS
CONTRA COSTA CO.
ORINDA UNION SCHOOL DISTRICT
OF CONTRA COSTA COUNTY
Purpose
Pursuant to the provisions of Government Code sections 87300, et
seq. , the Orinda Union School 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.
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.
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.
Place and Time of Filing
A. All designated employees required to submit a statement of
financial interests shall file the original in the personnel office
where a copy will be made and retained. The original will be
forwarded to the County Clerk.
B. Classified and certificated employees appointed, promoted or
transferred to designated positions shall file initial statements
within 30 days after date of such appointment, promotion or
transfer.
r �
C. 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 position.
D. 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 with the other
agency, in lieu of an entirely separate document.
Contents of Disclosure Statements
Disclosure statements shall be made on forms supplied by the
superintendent's office, 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 of 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) , and 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 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 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-
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;
2 . In the case of a business entity which provides legal or
brokerage services, the name of every person who paid fees to
the business entity if the filer's pro rate share of fees from
such person was equal to or greater than one thousand dollars
($1, 000) ;
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 pro rate 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.
-3
F. Acquisition or Disposal During Reporting Period - in the case
of a statement filed under Section A, page two, 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.
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
him/herself with respect to any matter which could not be acted
upon legally or decided without his/her participation.
-4-
EXHIBIT "A"
Designated positions Disclosure category
Governing Board Members 1 and 2
Superintendent 1 and 2
Directors 1 and 2
Principals 1 and 2
Coordinators 1 and 2
Supervisors 1 and 2
District Media Clerk 3 (P) and (Q)
Any employee involved with a publisher or 3 (P)
vendor of books or educational materials
on a royalty, consultant basis, or stock holder.
EXHIBIT "B"
Disclosure Categories
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 Group 111" must report:
All investment, 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 the
Orinda Union School 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 Group 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,
within the last two years, has contracted, or in the future
foreseeably may contract with the Orinda Union School District to
provide services, supplies, materials, machinery or equipment.
Designated Employees in Group 113" 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,
within the last two years, has contracted or in the future
foreseeably may contract with the Orinda Union School District to
provide services, supplies, materials, machinery, or equipment
which are related to the areas as listed on the following page:
A. psychological testing and evaluation
B. guidance counseling
C. special education
D. materials and services for the visually handicapped
E. materials and services for the orally and editorially
handicapped
F. materials and services for the orthopedically handicapped
G. materials and services for the physically handicapped
H. physical education
I. medicine and health
J. buildings and grounds equipment and supplies
K. buildings and grounds maintenance services
L. date processing and computers
M. office management
N. motor vehicles
O. food and food service
P. books and other publications
Q. audio-visual materials and equipment
R. pedagogical supplies and equipment
S. foreign language training
T. musical instruments and music training
U. employment agencies
V. vocational training
1993
COUNTY COUNSEL'S OFFICEECLERKBOARD
EIVE
CONTRA COSTA COUNTY
MARTINEZ, CALIFORNIA
7 1993
Date: May 6, 1993 OF SUPERVISORS
A COSTA CO.
To: Jeanne Maglio, Chief Clerk of the Board of Supervisors
From: Victor J. Westman, County Counsel
By: Phillip S . Althoff , Deputy County Counsel`
Re: Conflict of Interest Code of the Orinda Union School
District
Attached is a Board Order on the above-referenced matter.
PSA/jh
attachment
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