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HomeMy WebLinkAboutMINUTES - 03221994 - 1.94 1 Rif TO: BOARD OF SUPERVISORS FROM: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel: DATE: March 22, 1994 SUBJECT: Conflict. of Interest Code of the Medi-Cal Advisory Planning Commission SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Approve the attached Conflict of Interest Code of the Medi-Cal Advisory Planning Commission. BACKGROUND/REASONS FOR RECOMMENDATIONS The Medi-Cal Advisory Planning Commision has adopted its code and submitted the attached code 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 `-'1'Y1 e�..eA�_d.'d., ��Q 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. ATTESTED "Y� anrtQ. a a ,A ck9�}- PHIL AATCHELOR/ CLERk OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY �� , DEPUTY CONTACT: County Counsel cc: CAO Health Services, Bobbi Baron df W medi-cal.mam 1 . Cf CONTRA COSTA COUNTY CLERK OF THE BOARD TO: Mary Ann Mason Date: March 10, 1994 Deputy County Counsel ilyl- SUBJECT: FROM: Jeanne Maglio, Chief Clerk Conflict of Interest Codes { Attached is the Conflict of Interest Code for the Medi-Cal Advisory Planning Commission. Following our telephone conversation yesterday, I have scheduled this Code for approval on the March 22, 1994, Board Agenda. Please prepare the appropriate Board Order. The Contra Costa Transportation Authority has submitted an amendment to its Conflict of Interest Code relative to the filing procedure for Statements of Financial Interest. It would be my recommendation to name the Authority as the filing officer/ official for all its members (including representatives of the Board of Supervisors) and staff designated as having to complete the referenced statements. I am concerned that what is being proposed will fragment our file on the Authority's filers for any future given period as well as make it difficult for anyone to review the file should he/she so desires. Should you have any questions, I can be reached at Ext. 6-2376. jm Attachments COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: March 21 , 1994 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 Medi-Cal Advisory Planning Commission Attached hereto is the Conflict of Interest Code for the Medi- Cal Advisory Planning Commission. The Code is approved as to form. Please place this matter on the Board of Supervisors ' agenda as requested by the staff to the Commission. A draft Board order is attached. MAM:df cc : Bobbi Barron, Staff to Medi-Cal Advisory Planning Commission Attachments df(a):conflict.mam CONTRA COSTA HEALTH PLAN INTER OFFICE MEMO A division of Contra Costa Health Services Department To: Jeanne Maglio Date: March 4, 1994 Clerk of the Board / From: Bobbi Baron�ptff to Subject: Conflict of Interest Medi-Cal Advislanning Commission Code At its meeting last night the Medi-Cal Advisory Planning Commission considered the attached Conflict of Interest Code, held a public hearing at which no objections were voiced and voted to adopt the code. This Conflict of Interest Code has been approved by County Counsel. Please take the appropriate steps to obtain Board of Supervisors formal approval of the code. Attachment: MAPC Conflict of Interest Code cc: Michael Harris, MAPC Chair (without attachment) Milt Camhi FCLE"RWKg8& EIVE® 71994 F2'8:mapccode.bb OF SUPERVISORS COSTA CO. A412 (3/88) CONFLICT OF INTEREST CODE FOR THE MEDI-CAL ADVISORY PLANNING COMMISSION OF CONTRA COSTA COUNTY SECTION 100. Purpose. Pursuant to the provisions of Government Code Sections 87300, et seq., the Medi-Cal Advisory Planning 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 (Government Code Section 81000). The provisions of this Code are additional to Government Code Section 87100 and other laws pertaining to conflict 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 in Exhibit "A" are designated positions. Commission members holding those positions are designated individuals 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 Commission member shall file an annual statement disclosing that individual's interest in investments, business positions, real property, and income, designated as reportable under the category to 1 which the individual's position is assigned. Such interests are reportable if the business entity in which the investment is held, the business position, the 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 positions. SECTION 400. Place and Time of Fift. (a) All designated individuals required to submit a statement of financial interests shall file the original with the Secretary to the Medi-Cal Advisory Planning Commission. The Commission Secretary who receives the statement of financial interest shall make and retain a copy and forward the original to the County Clerk. (b) A designated individual required to submit a statement of financial interest shall submit an initial statement within 30 days after the effective date of this code. (c) Commission members appointed after the effective date of this code shall submit an initial statement within 30 days of appointment. (d) Annual statements shall be filed during the month of March by all designated individuals. 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 individual 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 that statement and an expanded statement which covers 2 reportable interests in that portion of this Commission'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: (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) 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: 3 (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) 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, and, in addition, in the case of a gift received through an intermediary, the name, address, and business activity of both the donor and the intermediary. (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 4 if the filer's prorate share of gross receipts from such person was equal to or greater than ten thousand dollars ($10,000) during a calendar year. (d) ContenjS of Management Positions Reports: When management positions are required to be reported, designated individuals 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 individual's position with the business entity. (e) Ini&LSIatement: The initial statement filed by a designated individual holding the position of Commission member 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 individual already in a position when it is designated by amendment to this code or by an individual 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 (d), 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. 5 SECTION 600 Disqualification. Designated individuals 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 individual shall be required to disqualify himself with respect to any matter which could not be legally acted upon or decided without: his participation. 6 EXHIBIT A Designated Positions Designated Position Disclosure Category Medi-Cal Advisory Planning Commission member 1 7 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 individual by virtue of the individual's position as a member of the Medi-Cal Advisory Planning Commission. Category 1: Designated Individuals must report: (a) All investments, interests in real property, income, and any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management. Financial interests are reportable only if located within Contra Costa County or if the business entity is doing business, or is planning to do business, in the County (and such plans are known by the designated individual) 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, within the last two years, has had, or in the future foreseeably may have, among its patients or clients any person who is, or has been, screened, treated, served, or referred by an employee of Contra Costa County. 8