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HomeMy WebLinkAboutMINUTES - 03221994 - 1.97 THE BOARD OR SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on _March 15, 1994 by the following vote: AYES: SUPERVISORS SMITH, BISHOP, MCPEAK, TORLAKSON AND POWERS NOES: NONE ABSENT: NONE ABSTAIN: NONE ------------------------------------------------------------------------------ ------------------------------------------------------------------------------ SUBJECT: Amendment to Conflict of Interest Code IT IS BY .THE BOARD ORDERED that the amendment to the Conflict of Interest Code of the General Services Department is REFERRED to County Counsel for review and recommendation. cc: County Counsel General Services Director County Administrator I hereby cArtify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: PHIL BATCHELOR,Clork of th Board of Supervisors and County Administrator j By �� . �o Q-- Deputy i GENERAL SERVICES DEPARTMENT RECEIVED �7, 1220 Morello Avenue, Suite 200 Martinez, California 94553-4711 Extension 3-7100 .9 M4 ISORS Co. DATE: March 3, 1994 TO: Jeanne 0. Maglio, Chief C1 rk of the Board of Supervisors FROM: Dorot Ga ,• Execut' a Se etary SUBJECT: Conflict of Interest Code Revision Attached is a copy of the General Services Department Conflict of Interest Code which has been revised in Exhibit A to reflect the following changes . Added: Administrative Services Officer Building Maintenance Manager Lead Carpenter Lead Electrician Lead Painter Lead Steamfitter Automotive Parts Technician Senior Communications Equipment Technician Lead Electronic Technician Lead Telecommunications Technician Lead Operating Engineer Accountant III Deleted: Assistant General Services Director Deputy General Services Director--Facilities Facilities Trades Supervisor Communications Services Manager Telecommunications Supervisor Microfilm Production Supervisor Supply and Distribution Supervisor Supervising Custodian We would appreciate your processing this document to bring it before the Board of Supervisors for approval. If you have any questions, please let me know. I can be reached' on extension 3-7119 . Attachments CONFLICT OF INTEREST CODE OF THE GENERAL SERVICES DEPARTMENT OF CONTRA COSTA COUNTY SECTION 100. Purpose. Pursuant to the provisions of Government Code Sec- tions 87300, et seq. , the General Services Department, 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 et seq. ) . The provisions of this Code are additional to Government Code Section 87100 et seq. 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, 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 Executive Secretary. (b) In the case of agency heads and the members of the boards and commissions, the Executive Secretary shall make and retain a copy and forward the original to the Clerk of the Board of Supervisors. (c) All designated employees employed by the agency on the effective date of this Code, as originally adopted, promulgated and approved by the code reviewing body, shall file 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 employment. (d) 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. (e) 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. -1- 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) , ten thousand dollars ($10,000) , or 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) A statement whether the aggregate value 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; (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: -2- (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 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. (e) Initial Statement: The initial statement filed by an employee appointed to a designated Position shall disclose any reportable investments and interests in real property. (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. SECTION 600. Disqualification. Designated employees must disqualify themselves from making or participating in the making of or using their official position to influence 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. All other provisions of this Code notwithstanding, the following provisions hereafter apply: 1. 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- General Services Department Conflict of Interest Code EXHIBIT "A" Designated Positions Disclosure Category Director of General Services 1 & 2 Deputy General Services Director--Management and Operations 1 & 2 Administrative Services Officer 1 & 2 Facilities Services Manager 1 & 2 Building Maintenance Manager 1 & 2 Lead Carpenter 1 & 2 Lead Electrician 1 & 2 Lead Painter 1 & 2 Lead Steamfitter 1 & 2 Central Service Manager 1 & 2 Fleet Manager 1 & 2 Assistant Fleet Manager 1 & 2 Fleet Equipment Specialist 3F & G Fleet Service Center Supervisor 3C, E, F, & G Automotive Parts Technician 1 & 2 Purchasing Services Manager 1 & 2 Senior Buyer 1 & 2 Buyer I 1 & 2 Buyer II 1 & 2 Lease Manager 1 & 2 Senior Real Property Agent 1 & 2 Associate Real Property Agent 1 & 2 Assistant Real Property Agent 3A, B, C, D, H, & I Jr. Real Property Agent 3A, B, C, D, H, & I Jr. Real Property Agent--Project 3A, B, C, D, H, & I Supervising Architectural Engineer 1 & 2 Senior Architectural Engineer 1 & 2 Associate Architectural Engineer 3B, C, D, H, & I Assistant Architectural Engineer 3B, C, D, H, & I Senior Architectural Engineer--Project 1 & 2 Special Projects Architect--Project 1 & 2 Communications Technical Supervisor 1 & 2 Senior Communications Equipment Technician 1 & 2 Lead Electronic Technician 1 & 2 Lead Telecommunications Technician 1 & 2 Grounds Maintenance Manager 1 & 2 Chief Operating Engineer 1 & 2 Lead Operating Engineer 1 & 2 Facilities Maintenance Coordinator 1 & 2 Assistant Chief Operating Engineer 3A, B, C Custodial Manager 1 & 2 Custodial Services Supervisor 3B General Services Fiscal Officer 1 & 2 Accountant III 1 & 2 -4- General Services Department Conflict of Interest Code 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 investments, 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 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. Designated Employees in Group 112" 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 Contra Costa County 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 Contra Costa County General Services Department to provide services, supplies, materials, machinery or equipment which are related to one of the following areas: A Communications Systems and Equipment B County Buildings - Maintenance and Repairs C County Buildings - Design & Construction D County Grounds - Maintenance and Landscaping E Office Supplies & Equipment F Motor Vehicles & Equipment G Motor Vehicle Parts H Petroleum Products I Property Development or Management J Purchasing K Printing Rev. 3/94 -5-