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TO: BOARD OF SUPERVISORS
Costa
FROM: Victor J. Westman, County Counsel
By: Phillip S. Althoff , Deputy County Counsel County
DATE: June 18, 1993
SUBJECT: Conflict of Interest Code of the San Ramon Valley Unified
School District
SPECIFIC REQUESTS) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Adopt the attached revised conflict of interest code.
FISCAL IMPACT
None
BACKGROUND/REASONS FOR RECOMMENDATIONS
The San Ramon Valley Unified 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 ON -3APPROVED 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: San Ramon Valley Unified School District ATTESTED " /d 19'93
Contact: 7 Z7
cc:County Administrator PHIL BATCHELOR, CLERK OF
County Counsel THE BOARD OF SUPERVISORS
Clerk of the Board AND COUNTY ,ADMINISTRATOR
BY I DEPUTY
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SAN RAMON VALLEY UNIFIED SCHOOL DISTRICT • John W. Duncan, Superintendent
699 Old Orchard Drive,Danville, California 94526 • (510) 837-1511 • FAX 510)-.837-9247
RECEIVED
June 14, 1993 JI 1 5W3
CLERK BOARD OF SUPERVISORS
CONTRA COSTA CO.
The Board of Supervisors
County Administration Building
651 Pine Street, Room 106
Martinez, California 94553
Attn: Jeanne O. Maglio, Chief Clerk
Gentlemen:
Enclosed is a copy of the "Conflict of Interest Code of the San Ramon Valley Unified
School District of Contra Costa County" which has been modified to reflect the
suggestions of the Deputy County Counsel of Contra Costa County and which was
readopted by the Board of Education on May 18, 1993.
Should you have any question, please feel free to contact me.
Sincerely,
Colleen C. Matthews
Director of Classified Personnel
CCM:mm
conflict.bos
RECEIVE
JUN I
CONFLICT OF INTEREST CODE
of the
C;:ERK BOARD OF
SAN RAMON VALLEY UNIFIED SCHOOL DISTRICT CONTRA COSTA C.
of
CONTRA COSTA COUNTY
SECTION 100. Purpose. Pursuant to the provisions of
Government Code Sections 87300, et seq. , the San Ramon Valley
Unified 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 interests. 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 All are. des gnated positions. Officers and employees
holding those positions are designated employees and are deemed to
make, or participate in 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 interests shall file the original with the Director of
Personnel.
(b) In the case of agency heads and the members of boards and
commissions, the Director of Personnel shall make and retain a copy
of the statement of financial interest 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.
i
Conflict of Interest Code r:
Page 2
(d) Annual statements shall be filed during the month of
April and no later than April 30 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.
(f) A designated employee required to file a statement of
financial interest with 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:
interest; (1) A statement of the nature of the investment or
(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 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.
Conflict of Interest Code
Page 3
(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. 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;
(2) The name of every person from whom the business
entity received payments if the filer's prorata share of gross
receipts f rasa such person was equal to or greater than ten thousand
dollars ($10,000) during a calendar year.
Conflict of Interest Code
Page 4
(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 (a) , 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
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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 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.
Conflict of Interest Code
Page 5
EXHIBIT A
Designated Position Disclosure Category
Members of the Board 1 and 2
Superintendent 1 and 2
Associate Superintendent 1 and 2
Assistant Superintendent, Fiscal 1 and 2
Director, Fiscal Operations 1 and 2
Director, Purchasing 1 and 2
Supervisor, Budget Development & Control 1 and 2
Supervisor, Accounting Services 1 and 2
Purchasing Assistant 1 and 2
Assistant Superintendent 2
Director, Special Programs 2
Director, Curriculum & Instruction 2
Director, Elementary Education 2
Director, Secondary Education 2
Principals 2
Director, Certificated Personnel 2
Director, Classified Personnel 2
Assistant Principals 2
SIP Program Manager, High School 2
Director, Facilities Development 2
Director, Transportation 3 (M,N)
Director, Buildings & Grounds 3 (J,K,M,N)
Transportation Head Mechanic 3 (N)
Supervisor, Maintenance/Grounds 3 (J,K,N)
Supervisor, Custodial 3 (J,K)
Conflict of Interest Code
Page 6
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 "1" must report:
(a) All investment, 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. Financial interests are reportable only if located
within the San Ramon Valley Unified 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 anytime during the two
years prior to the filing of the statements.
(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 lat two years contracted or
foreseeably may contract with the San Ramon Valley Unified School
District, or with any public agency within the San Ramon Valley
Unified School District, to provide services, supplies, materials,
machinery or equipment to either party.
Designated Employees in Group 112" must reports:
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 San Ramon Valley Unified School
District to provide services, supplies, materials, machinery, or
equipment.
Conflict of Interest Code
Page 7
Group 3
Insofar as a business entity or income source relates to the
following areas:
(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 Speech and Audially
Handicapped
(F) Materials and Services for the Orthopedically Handicapped
(G) Materials and Services for the Physically Handicapped
Conflict of Interest Code
Page 7
(H) Physical Education
(I) Medicine and Health.
(J) Buildings and Grounds Equipment and Supplies
(R) Buildings and Grounds Maintenance Services
(L) Data Processing and Computers
(M) Office Management
(N) Motor Vehicles
(0) Food and Food Services
(P) Books and Other Publications
(Q) Pedagogical Supplies and Equipment
(R) Foreign Language Training
(S) Musical Instruments and Music Training
(T) Employment Agencies
(U) Vocational Training
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 a any business entity which,
within the last two years, has contracted, or in the future
foreseeably may contract with the San Ramon Valley Unified School
District to provide services, supplies, materials, machinery, or
equipment which are related to such areas.
Revised - May 1993
COUNTY COUNSEL'S OFFICE
CONTRA COSTA COUNTY
MARTINEZ, CALIFORNIA
Date: June 18, 1993
To: Clerk, Board of Supervisors
From: Victor J. Westman, County Counsel
By: Phillip S . Althoff, Deputy County Counsel
Re: Conflict of Interest Code of the San Ramon Valley Unified
School District
Attached hereto is the revised Conflict of Interest Code for the
San Ramon Valley Unified School District. The code is approved as to
form.
Please place this matter on the Board of Supervisor' s agenda as
requested by the School District. A draft board order is attached.
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attachments
cc: San Ramon Valley Unified School District
J-3:a:\conf1ict.f