HomeMy WebLinkAboutMINUTES - 06201995 - 1.79 t�
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1.75 through 1.79
THE BOARD OR SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on June 20, 1995 by the following vote:
AYES: Supervisors Rogers, Smith, DeSaulnier, Torlakson, Bishop
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Correspondence
1.75 LETTER from Raymond P. Laviolette, Commander, Pleasant Hill Post
331, The American Legion, P. 0. BOX 23613, Pleasant Hill 94523,
requesting the County to assume the responsibility for the repair
and maintenance of the Veterans' Monument in Pleasant Hill.
***REFERRED TO COUNTY ADMINISTRATOR
1.76 NOTICE from the Legal Strategies Group, 5905 Christie Avenue,
Emeryville, CA 94608-1925, of intent to file counterclaims and/or
cross-claims relative to litigation, Acme Fill Corp. v. Althin CD
Medical, Inc. et al. , No. C91 4268 SBA, U. S. District Court,
Northern District of California.
***REFERRED TO COUNTY COUNSEL
1.77 LETTER from Roy Nakadegawa, Director, District 3, Bay Area Rapid
Transit District (BART) , P. O. Box 12688, Oakland, CA 94604-2688,
providing documentation on his position on the decision made by
the BART Board of Directors regarding the SFO Extension,
Alternative VI.
***REFERRED TO TRANSPORTATION COMMITTEE
1.78 LETTER from Richard L. Gorman, President, Bryan & Murphy, Gorman &
Associates, Inc. , 5000 Executive Parkway, Suite 125, 'San Ramon, CA
94583, request the Board to reconsider its denial for a General
Plan Amendment and a minor adjustment to the Urban Limit Line on
behalf of Corrie Development.
***REFERRED TO COMMUNITY DEVELOPMENT DIRECTOR FOR REPORT
1.79 LETTER from the Law Offices of Charles J. Williams, 1320 Arnold
Drive, Suite 160, Martinez, CA 94553, transmitting the proposed
Conflict of Interest Code for the Lamorinda School Bus
Transportation Agency.
***REFERRED TO COUNTY COUNSEL
IT IS BY THE BOARD ORDERED that the recommendations as noted (***) are
APPROVED.
cc: Correspondents
County Administrator
County Counsel i hereby certify alzt this is a true and correct copy of
Transportation Committee an action taken and entered on the minutes of the
Community Development Board of Supervi ors on the date shown.
ATTESTED: 'Zo /91
PHIL EfATCHELOR,Clerk of the Board
of/nSupervisors and County Administrator
gy _ SSP 1. Deputy
LAW OFFICES RECEIVED
r �J of
CHARLES J. WILLIAMS MAR 3 0 1995
a professional corporation
Muir Parkway CITY OF LAFAYETTE
Charles J Williams 1320 Arnold Drive, Suite 160 Tel. 510.228.3840
a professional corporation Martinez,California 94553 Fax 510.228.1703
Teresa L. Highsmith
Elizabeth B. Hearey -RECEIVED CCE
March 28, 1995 JUN 9 1995
MEMORANDUM CLERK
BOACONTRD
OF STA CO. ORS
TO: Chairman and Members of the Lamorinda
School Bus Transportation Agency Board of Directors
FROM: Charles J. Williams, Cqu 1 to the JPA
Elizabeth B. Hearey
RE: Conflict of Interest Code
• • • • • • s • • •
We have prepared a Resolution containing a proposed Conflict of
Interest Code for consideration by the Lamorinda School Bus
Transportation Agency. A copy is enclosed.
Government Code section 87300 et seq. requires that every agency
adopt and promulgate a Conflict of Interest Code which must include an
enumeration of the positions within the agency to whom the conflict code
applies. (See also, 2 Cal. Code of Regs. sections 18351, and 18730. )
We suggest that the proposed code be placed as soon as possible on
an agenda for the JPA. Please be sure to schedule it for a public
hearing on that date.
While there are no specific notice requirements for adopting a
local code, we suggest that you give adequate notice to inform the
public of the contemplated action as well as a fair opportunity to
present their views.
Enclosed is a suggested form of notice. We suggest:
1. Posting it in three public places 10 days before the public
hearing;
2. Publishing it once 10 days in advance of the hearing;
3 . Distributing it to each member agency;
4 . Distributing' it to each designated employee; and
LAW'OFFICES of CHARLES'l WILLIAMS, APC
1
Chairman and Lamorinda
School Bus Transportation Agency
March 28, 1995
Page 2
5. Posting it on a bulletin board at the office of each city and
school' district member.
'kl!0uring the ten days preceding the public hearing, the proposed code
should be available for inspection at the agency offices in Lafayette.
Following -approval of the Lamorinda School Bus Transportation
Agency's Conflict of Interest Code, the Code must be forwarded to the
Contra Costa County Board of Supervisors. The Contra Costa County Board
of Supervisors is the code reviewing body for an agency, such as the
Lamorinda School Bus Transportation Agency, which has jurisdiction
solely within the County and is not a city agency.
We have also attached a proposed letter to the Clerk of the Board
for your use.
EBH:sh
Enclosures
laf\res\mschlbus
BEFORE THE LAMORINDA SCHOOL BUS
TRANSPORTATION AGENCY
In the Matter of:
Adopting a Conflict of Interest )
Code for Designated Employees ) RESOLUTION NO.
The Lamorinda School Bus Transportation Agency is required to
enact a Conflict of Interest Code, under Government Code section
87300; and
The regulations of the Fair Political Practices Commission
(Title 2, Division 6, California Code of Regulations) , section
18730, authorizes the adoption of the Conflict of Interest Code by
incorporating section 18730 by reference and designating the
employees and disclosure categories to which the code applies.
The adoption- of a Conflict of Interest Code by the Lamorinda
School Bus Transportation Agency is not effective until it is
approved by the Contra Costa County Board of Supervisors which acts
as the code reviewing body.
On `mu-�-i � , 1995, the Lamorinda School Bus
Transportation Agency held a noticed public hearing to consider
approval of the proposed Conflict of Interest Code.
NOW, THEREFORE, the Lamorinda School Bus Transportation Agency
resolves as follows:
1. APPROVAL AND ADOPTION OF CONFLICT OF INTEREST CODE.
The proposed Conflict of Interest Code set forth in this
Resolution is approved for the Lamorinda School Bus Transportation
Agency. Upon approval of the code-reviewing body, it shall be
deemed adopted and promulgated.
2 . INCORPORATION OF CONFLICT OF INTEREST CODE BY REFERENCE:
APPENDIX 1.
The terms of Section 18730 of Title 2, Division 6 of the
California Code of Regulations as it now reads or may hereafter be
amended by the Fair Political Practices Commission to conform to
the Political Reform Act are incorporated by reference.
1 .
A copy of Resolution 18730 as it reads on the date of
this Resolution is attached and marked as "Appendix 1. "
3 . DESIGNATED EMPLOYEES AND DISCLOSURE CATEGORIES:
APPENDIX 2 .
The persons holding positions listed in Appendix 2 are
designated employees. The Lamorinda School Bus Transportation
Agency determines that these persons make or participate in the
making of decisions which may forseeably have a material affect on
financial interests.
The disclosure category set forth in Appendix 2 specifies
which kinds of financial interests are reportable. The Lamorinda
School Bus Transportation Agency determines that the financial_
interests set forth in the disclosure category are the kinds of
financial interests which a designated employee forseeably can
affect materially through the conduct of his or her office.
4. FILING STATEMENT OF ECONOMIC INTERESTS.
In accordance with procedures prescribed in Section
18730, each .designated employee shall file statements of economic
interests with the Program Administrator who will make the
statements available for public inspection and reproduction.
(Government Code section 81008. ) Upon receipt of the statements
of the Treasurer, the Program Administrator shall make and retain
a copy and forward the original to -the Fair Political Practices
Commission. Statements for all other designated employees will be
retained by the Agency.
ASSED by the Lamorinda School Bus Transportation Agency on
S- z3 1995 by the following vote:
AYES: S
NOES:
ABSENT:
air
ATTEST:
laf\res\rschool.bus
2
APPENDMI
(Regulations of the Fair Political Practices Commission, Title 2,
Division 6 of the California Code of Regulations)
18730. Provisions of Conflict of Interest Codes
(a) Incorporation by reference of the terms of this
regulation along with the designation of employees and the
formulation of disclosure categories in the Appendix referred to
below constitute the adoption and promulgation of a conflict of
interest code within the meaning of Government Code Section 87300
or the amendment of a conflict of interest code within the meaning
of Government Code Section 87306 if the terms of this regulation
are substituted for terms of a conflict of interest code already
in effect. A code so amended or adopted and promulgated requires
the reporting of reportable items in a manner substantially
equivalent to the requirements of Article 2 of Chapter 7 of the
Political cal Reform Act, Government Code Sections 81000, et secf. The
requirements of a conflict of interest code are in addition to
other requirements of the Political Reform Act, such as the
general .prohibition against conflicts of interest contained in
Government Code Section 87100, and to other state or local laws
pertaining to conflicts of interest.
(b) The terms of a conflict of interest code amended or
adopted and promulgated pursuant to this regulation are as
follows:
(1) Section 1- Definitions. The definitions contained
in the Political Reform Act of 1974, regulations of the Fair
Political Practices Commission (2 Cal. Code of Regs. Sections
18100, et seq. ) , and any amendments to the Act or regulations, are
incorporated by reference into this conflict of interest code-
18730
(2) Section 2. Designated Employees. The persons
holding positions listed in the Appendix are designated employees.
It has been determined that these persons make or participate in
the making of decisions which may foreseeably have a material
effect on financial interests.
(3) Section 3. Disclosure Categories. This code does
not establish any disclosure obligation for those designated
employees who are also specified in .Government Code Section 872.00
if they are designated in this code in that same capacity or if
the geographical jurisdiction of this agency is the same as or is
wholly included within the jurisdiction in which those persons
-must report their financial interests pursuant to Article 2 of
Chapter 7 -,of the Political Reform' Act, Government Code' Sections
87200, et sea.
In addition, this code does not establish any disclosure
obligation for any designated employees who are designated in a '
conflict of interest code for another agency, if all of the
following apply:
A) The geographical jurisdiction of this agency �_s the
same as or is wholly included within the jurisdiction of the other
agency;
B) The disclosure .assigned in the code of the other
agency is the same as that- required under Article 2 of Chapter 7
of the Political Reform Act, Government Code Section 87200; and
2 18730
C) The filing officer is the same for both agencies.
Such persons are covered by this code for
disqualification purposes only. With respect to all other
designated employees, the disclosure categories set forth in the
Appendix specify which kinds of financial interests are
reportable. Such a designated employee shall disclose in his or
her statement of economic interests those financial interests he
or she has which are of the kind described in the disclosure
categories to which he or she is assigned in the Appdndjx.' It has
been determined that the financial interests set forth in a
designated*employee',s disclosure categories are the kinds of
financial interests which he or she foreseeably can affect
materially through the 'conduct of his or.her__.office.-..'._:,.;.
(4) Section 4. Statements of Economic Interests:
Place of Filing. The code reviewing bodyshallinstruct all
: designated employees within its code to file statements of
economic interests with the agency or with the code reviewing
body, as provided by the code reviewing body in the agency's
conflict of interest .code.2
Designated employees who are required to file statements of
economic interests under any other agency's conflict of interest
code, or under Article 2 for a different jurisdiction, may expand
their statement of economic interests to cover reportable
interests in both jurisdictions, and file copies of this expanded
statement with both entities in lieu of filing separate and
distinct statements, provided that each copy of such expanded
statement filed in place of an original is signed and verified by
the designated employee as if it were an original. See Government
Code Section 81004 .
2
See Government Code Section 81010 and 2 Cal. Code of Regs.
Section 18115 for the duties of filing officers and persons in
agencies who make and retain copies of statements and forward the
originals to the filing officer.
3 18730
(5) Section S. Statements of Economic Interests: Time
of Filing.
(A) Initial Statements. 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 30 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
illitial statement within 30 days after the effective 'date of the
amendment-*
(B) Assuming Office-Statements All-pixsons' assu' ming
designated-positions after the effective date"of--'thiscode shall
" file statements -within 36 days-af t*e r*.,t.assuming..the. designated
positions, or if subject to State -Senate confirmation, 30 days .
after being nominated or- appointed.
-
(C) Annual Statements.: Alldesignated empl6yees- shall
file *statementsl no later than April:-1
(D) Leaving office Statements." All-persons wh&:4eave
designated positions shall file statements within 30 days after
leaving office.
(5.5) Section 5.5. Statements for Persons Who Resign
Prior to Assuming office. Any person who resigns .wit. hin 12 months
of initial appointment, or-within 30 days 'of the date of notice
provided by the filing officer to file an assuming office
4 18730
statement, is not deemed to have assumed office or left office,
provided he or she did not make or participate in the making of,
or use his or her position to influence any decision and did not
receive or become entitled to receiveanyform of paymenf as a
result of his or her appointment. Such persons shall not file
either an assuming or leaving office statement.
(A) Any person who resigns a position within 30 days of
the date of a notice from the filing officer shall do both of the
fol-lowing
(1) File a written res*ignation.with the appointing
power; apd.
(2) File a written statement with the filing officer
declaring under penalty of- perjury that during- the-.-period- between
appointment and resignation he or-she did not make, participate in
the making, or, use the position to influence any decision of the
agency or receive-, or become entitlec!- to receive, any form of
payment by virtue of being -appointed to the position.
Section 6. Contents of and Period Covered by
Statements of Economic Interests.
(A) Contents of Initial Statements. Initial statements
shall disclose any reportable investments, interests in real
property and business positions held on the effective date of the
code and income received during the 12 months prior to the
effective date of the code.
.5 18730
(B) Contents of Assuming Office Statements. Assuming
office statements shall disclose any reportable investments,
interests in real property and business positions held on the date
of assuming office or, if subject to State Senate confirmation or
appointment on the date of nomination, and income received during
the 12 months prior to the date of assuming office or the date of
being appointed or nominated, respectively.
. (C) Contents of Annual Statements. Annual statements
sh4l disclose any reportable investments, interests -in real
property, income and business positions held or received during
the previous calendar year provided, however, that the period
covered by an employee's first annual statement shall begin on the
of the code or. the date of assuming office -
whichever is later.
(D) Contents of Leaving Office Statements.. Leaving
office statements .shall disclose reportable investments, interests
in real property, income and business positions held or received
during the period between the closing date of the last statement
filed and the date of leaving office.
(7) Section 7. Manner of Reporting. Statements of
economic interests shall be made on forms prescribed by the Fair
Political Practices Commission and supplied by the agency, and
shall contain the following information:
6 18730
(A) Investments and Real Property Disclosure. When an
investment or an interest in real property is required to be
reported, 4 the statement shall contain the following:
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 6f the real
property;
4. . -A statement whether the fair. market value of the
investment or interest in- real property exceeds one thousand
dollars ($1,660) , exceeds ten thousand ..dollars _($10-,000) ,= or - -
exceeds one- hundred thousand dollars ($100,000) _
(13) ...Personal•-Income Disclosure. When personal. income
is required to be reported,' the statement-shall- contain:
3 For the purpose of disclosure only (not disqualification) , an
interest- in real property does not include the principal residence
of the filer.
4 Investments and .interests in real property which have a fair
market value of less than. $1, 000 are not investments and interests
in real property within the meaning of the Political Reform Act.
However, investments or interests in real property of an
individual include those held by the individual's spouse and
dependent children as well as a pro rata share of any investment
or interest in real property of any business entity or trust in
which the individual, spouse and dependent children own, in the
aggregate, a direct, indirect or beneficial interest of 10 percent
or greater.
5 A designated employee's income includes his or her community
property interest in the income of his or her spouse but does not
include salary or reimbursement for expenses received from a
state, local or federal government agency.
7 18730
41-
1. The name and address of each source of income
aggregating two hundred 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;
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 one thousand dollars ($1,000) or less,
greater than one thousand dollars ($1,000) , or 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 name, address .and
business activity of the donor and any intermediary through which
the gift was made; '*
a descr�p tion of the gift.; the amount or value
-.
of the gift; and the date on which the gift was received;
S. In the case of a loan, the annual interest rate and
the security, if any, given for the loan.
(C) Business Entity Income Disclosure. When incQme of
a business entity, including income of a sole proprietorship, is
required to be reported,6 the statement shall ,contain: -
6 income of' a. business entity is reportable if the direct,
indirect or beneficial interest of the filer and the filer's
spouse in the business entity aggregates a 10 percent or greater
interest. In addition, the disclosure of persons who are clients
or customers of a business entity is required only if the clients
or customers are within one of the disclosure categories of the
filer.
8 18730
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 pro rata share of gross
receipts from such person was equal to or greater than ten
thousand dollars ($10, 000) .
(D) Business Position Disclosure. When business
positions are required to be reported, a designated employee shall
liqt the name and address of each business entity in -which he or
she is a director, officer, partner, trustee, employee, or in
which he or. she holds, any position of management, a description of
the business activity in which the business entity is engaged, and
-'the designated employeel's position -with the:-business—entit-y-
(E) Acquisition or Disposal During Reporting Period.
In the case, of an annual or leaving office statement, if an
investment or an -interest in real property was partially or wholly
acquired or disposed of during the period covered by the
statement, the statement shall contain the date of acquisition or
disposal.
(8) Section 8- State Agency Prohibition on Receipt of
Honoraria. No member of a state board or commission, and no
designated employee of a state agency, shall accept any honorarium
from any source, if the member or employee would be required to
report the receipt of income or gifts from that source on his or
her statement of economic interests. This section shall not apply
to any part-time member of the governing board of any public
institution of higher education, unless the member is also an
elected official.
9 18730
Subdivisions (b) , (c) (d) , and (e) of Government Code
Section 89502 shall apply to the prohibitions in this section.
(8.1) Section 8 .1 State Agency Prohibition on Receipt
of Gifts of $250 or More. No member of a state board or
commission, and no designated employee of a state agency, shall
accept gifts with a total value of more than two hundred fifty
dollars ($250) in a calendar year from any single source, if the
member or employee would be required to report the receipt of
income or gifts from that source on his or her statement of
economic interests. This section shall not apply to any part-
time member of the governing board of any public institution of.
higher education, unless the member is also an elected official.
Subsections (b) (c) , (d) , and (e) of Government *Code
Section 89504, shall apply to the prohibitions in this section..
(9) Section 9. Disqualification. No designated
employee shall make, participate in making, or in any way attempt
to use his .or her official position to influence the making pf any
governmental decision which he or she knows or has reason. to know
will have a reasonably foreseeable material financial effeqt,
distinguishable from its effect on the public generally, on the
official or a member of his .or her immediate family or on:
(A) Any business entity in which the designated
employee has a direct or indirect investment worth one thousand
dollars ($1,000) or more;
10 18730
(B) Any real property in which the designated employee
has a, direct or indirect interest worth one thousand dollars
($1, 000) or more;
(C) Any source of income, other than gifts and other
than loans by a commercial lending institution in the regular
course of business on terms available to the public without regard
to official status, aggregating two hundred fifty dollars ($250)
or more in value .provided.to, received by or promised to the
depignated employee within 12 months prior to thetiifie when the
decision is made;
(D) Any business entity .in whicli -the designated
employee is a director, off icer.---partner,*..trustee, employee, or
holds any position of management; or
(E) ..Any donor of, or- any intermediary or agent for a
donor- of, a\gift or gifts .aggregating $250 -or.more in value -
provided to; received by,- -or promised to the designated employee
within 12 months prior to the time when the decision is made.
(9.3) Section 9.3. Legally Required Participation. No
designated employee shall be prevented from making or
participating in the making of any decision to the extent his or
her participation is legally required for the decision to be made.
The fact that the vote of a designated employee who is on a voting
body is needed to break a tie does not make his or her
participation legally required for purposes of this section.
11 28734
Ii t R
(9.5) Section 9. 5. Disqualification of State Officers
and Employees. In addition to the general disqualification
provisions of Section 9,, no state administrative official shall
make, participate in making, or use his or her official position
to influence any governmental decision directly relating to any
contract where the state administrative official knows or has
reason to know that any party to the contract is a person with
whom the state administrative official, or any member of his or
her, immediate family has, within 12 months prior to the time when
the official action is to be taken:
(A) Engaged in a business transaction or transactions
.on terms not available to. members of the public, regarding any
__.._._—investment :or_interest in real property; or
(B) Engaged in a business transaction or transactions
on terms not available to members of the public regarding the
; rendering of goods or services totaling in value one thousand
, dollars ($1;000) or more. _
(10) Section 10_ Manner of Disqualification. When a
designated employee determines that he or she should not make a
governmental decision because he or she has a disqualifying
interest in it-, the determination not to act must be accompanied
by disclosure of the disqualifying interest. In the case of a
voting body, this determination and disclosure shall be made part
of the agency's official record; in the case of a designated
12 18730
employee who is the head of an agency, this determination and
disclosure shall be made in writing to•his or her appointing
authority; and in the case of other designated employees, this
determination and disclosure shall be made in writing to the
designated employee's supervisor.
(11) Section 11. Assistance of the Commission and
Counsel. Any designated employee who is unsure of his or her
duties under this code may request assistance from the Fair
Political Practices Commission pursuant to Government Code Section
83114 or from the attorney for his or her.agency, provided that
nothing in this section requires the attorney for the agency to ,
issue any formal or informal opinion.
(12) Section 12. Violations. This code has the force
and effect of law. Designated employees violating any provision
of this code .are subject to the administrative, criminal and civil
sanctions provided in the Political 'Reform Act, Government Code
Sections 81000 -* 91014. In addition, a decision in. relation to
which a violation of the disqualification provisions of this code
or of Government Code Section 87100 or 87450 has occurred may be
set aside as void pursuant to Government Code Section 91003.
Note: Authority: Section 83112, Gov. Code
Reference: Sections 87300-87302, 89503, and 89504, Gov. Code
13 ~ y 18730
History
(1) New section filed 4-2-80 as an emergency; effective upon'
filing. Certificate of Compliance included.
(2) Editorial correction.
-'(.3) Amendment. of subsection (b) filed 1-9-81; effective thirtieth
day thereafter.
(4) Amendment of subsection (b) (7) (B) 1. filed 1-26-83; effective
thirtieth day thereafter.
(5) Amendment of subsection (b) (7) (A) filed 11-10-83; effective
thirtieth day thereafter.
(6) Amendment filed 4-13-87; effective thirtieth day thereafter.
(7) Amendment of subsection (b) filed 10-21-88; effective
thirtieth day thereafter.
(8) Amendment filed 8-28-90; effective thirtieth day thereafter.
(9) Amendment filed 8-7-92; effective thirtieth day thereafter.
(10) Amendment filed 2-5-93; effective upon filing.
z�
14 18730
APPENDIX 2
1. Designated Employees.
Primary and Alternate Directors
Agency Attorney
Assistant Agency Attorney
Program Administrator
*Treasurer
Consultants)
*This position is governed by Government Code section 87200
and is included here for completeness only.
2 . Disclosure Categories.
When a person holding a designated position is required to
disclose investments and sources of income, he need only disclose
investments in business entities and sources of income which do
business within the area encompassed by the Lamorinda School Bus
Transportation Agency, plan to do business within the area
encompassed by the Agency, or have done business within the area
encompassed by the Agency within the past two years. In addition
to other activities, a•business entity is doing business within the
area encompassed by the Agency if it owns real property within the
Agency.
When a person holding. a designated position is required to
disclose interests in real property, he need only disclose real
property which is located in whole or in part within or not more
than two miles outside the boundaries of the Agency or within two
J Regarding Consultants, see Government Code section 82019
and California Code of Regulations section 18700 (a) (2) .
Consultants shall be included in the list of designated employees
and shall disclose pursuant to the broadest category in the Code
subject to the following limitations. With respect to Consultants,
the Agency may determine in writing that a particular consultant
is hired to perform a range of duties that is limited in scope and
thus is not required to comply with the disclosure requirements
described in this section. This determination shall include a
description of the consultant's duties and, based upon that
determination, a statement of the extent of disclosure
requirements. The Agency's determination is a public record and
shall be retained for public inspection in the same manner and
location as this conflict of interest code.
1
miles of any land owned or used by the Agency. He need not include
his principal residence.
Persons holding designated positions shall disclose financial
interest in all of the following categories:
1. All investments and sources of income;
2. All interests in real property;
3. Investments in business entities and sources
of income which engage in provision of bus
transportation;
4. Business, positions with entities which engage
in, the provision of bus transportation;
5. Investments in business entities and sources
of income of the type which, within the past
two . years, have contracted with the Agency to
provide services, . supplies, materials,
machinery or equipment.
laf\res\rschlbu9.ap2
2
LAMORINDA SCHOOL BUS TRANSPORTATION AGENCY f,
A joint exercise of powers agreement to provide for school bus services between the City
of Lafayette, the Town of Moraga, the City of Orinda, the Lafayette School_District, the
Moraga School District and the Orinda School District
1. Authority. This joint exercise of powers agreement is entered into in accordance
with and subject to the provisions of Government Code sections 6500, et seq.
2. Parties and Date. This Agreement is entered into on 1994, by the
City of Lafayette, Town of Moraga and the City of Orinda (referred to as "Municipalities") and
the Lafayette School District, Moraga School District and the Orinda School Districts (referred
to as "School Districts"), as individual public entities which mutually promise and agree as set
forth in this document.
3. Purpose. The Municipalities and School Districts desire to operate a joint bus
program to serve students in grades K-8 in order to relieve traffic congestion.
The purpose of this Agreement is to establish an agency for overseeing and operating a
joint bus program to serve public school children in grades K-8. The program is designed to
decrease traffic congestion.
4. Method. The Municipalities, individually and in common, have the power to
study, discuss, recommend and implement policies and programs pertaining to but not limited
to, traffic, traffic related improvements and transportation and the expenditure of funds relating
to these matters. The School Districts have the power to operate school bus programs which
will alleviate traffic congestion. The entities comprising the Municipalities and School Districts
propose to exercise their powers in these areas through the joint powers agency created by this
Agreement, but reserve the right to include other powers in the future which they may wish to
exercise in common.
5. Creation of Agency. By this Agreement the Municipalities and School Districts
create, under Government Code sections 6500, et seq., a public entity to implement the joint bus
program. The public entity created by this Agreement shall be known as the "Lamorinda School
Bus Transportation Agency. This Agency shall be a public entity separate and distinct from
the Municipalities and School Districts. The Agency shall come into being on the date that this
Agreement is executed by all Municipalities and School Districts which are members. It may
be terminated only as provided in this Agreement.
6. Definitions. Unless the context otherwise requires:
a. "Agency" is the public entity created by this Agreement;
b. "Agreement" is this joint exercise of powers agreement;
C. "Auditor" means an independent certified public accountant selected by the
board to audit the records and accounts of the Agency;
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d. "Board" or "board of directors" is the governing body of the Agency;
e. "Capital Expenditure" includes those expenditures or a part of them made
to acquire and construct facilities necessary to accomplish the purposes of this
Agreement;
f. "Facility" includes a work or improvement acquired or constructed by the
Agency;
g. "Fiscal Year" is July 1st to and including the following June 30th;
h. "General Budget" is the approved operating budget;
is "Member" or "Party" is each of the parties which become a signatory to
this Agreement. By doing so the party accepts the rights and obligations of the Agency
under this agreement;
j. "Participating Member" is a member that has or will acquire rights and
assume obligations in connection with a particular project;
k. "Primary Director" is the director representing a participating member;
1. "Project" includes the operation of the school bus program and facilities
constructed by the Agency;
M. "Treasurer" is a person selected by the board from among the finance
officers of the parties.
7. Membership. The members of the Agency are each public entity which executes
this Agreement, or an addenda, amendment or supplement to it, and which has not withdrawn
from this Agreement.
8. Establishment and Designation of Board of Directors. A board of directors is
established to direct and control the Agency.
a. The board shall consist of the primary directors who shall be the Managers
from each Municipality and the School Superintendent from each School District or such
other representative as the governing body of the Municipality or School District may
designate. Each primary director has the authority to vote on matters coming before the
board and shall exercise all other powers contained in this Agreement or authorized by
law.
b. Each primary director may designate an alternate director. An alternate
director is authorized to act in the absence of the primary director and with the same
powers as a primary director. The alternate director may act only in the absence of the
primary director who appointed him or her.
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C. Terms of Membership: Each primary and alternate director serves until
replaced by the appropriate appointing jurisdiction.
d. The officers of the Agency consist of a chair and vice-chair selected from
the board membership by a majority vote of the primary directors. The board shall
appoint a secretary who may be a director. The board may appoint such additional
officers as it considers necessary. The chair, vice-chair and secretary each holds office
for a period of one year beginning July 1st of each fiscal year. The first chair, vice-
chair and secretary appointed hold office from the date of appointment to June 30th of
the following fiscal year.
9. Board Meetings.
a. Regular Meetings: The board shall determine the frequency of regular meetings
and shall specify by motion or resolution the date, hour and place at which regular meetings
shall be held.
b. Special Meetings: The chair, or in the chair's absence the vice-chair, may call
a special meeting as provided in Government Code section 54956.
C. Notice: Each meeting shall be noticed as required by Government Code sections
54950 et seq.
d. Minutes: The secretary of the board shall keep minutes of all meetings and shall
provide copies of the minutes to each director.
e. Quorum: A majority of primary directors or their authorized alternates constitutes
a quorum for the transaction of business, except that less than a quorum may adjourn from time
to time.
f. Rules: The board may adopt rules and regulations for the conduct of its affairs
as it considers necessary.
9. Each member has one vote, which may be cast only by its designated director.
No proxy or absentee votes are permitted. Except as otherwise provided, a vote of a majority
of the directors present is sufficient to constitute action provided that a quorum is present. A
quorum consists of a simple majority of the directors.
10. Officers and Employees. An officer, employee or agent of the Agency may also
be an officer, employee or agent of one of the parties. The appointment by the Agency of such
a person is evidence that the two positions are compatible. The public officer or person who
has charge of, handles, or has access to property of the Agency shall be bonded and the amount
of the bond designated and fixed in the applicable budget.
Each privilege and immunity from liability, exemption from laws, ordinances and rules,
pension, relief, disability, workers' compensation and other benefit which applies to the activity
of an officer, agent, or employee of any of the parties when performing a function for the
Agency applies to the same degree and extent while engaged in the performance of a function
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or duty under this Agreement. An officer, agent, or employee of the Agency shall not by reason
of employment by the Agency be considered to be an officer, agent, or employee of one or more
of the individual parties.
If an officer, agent or employee of one of the parties is employed by the Agency, the
manner of compensation shall be determined by contract between the Agency and the party.
The Agency shall provide to each employee of a party working for the Agency and to
each of the Agency's other employees, sufficient insurance to protect each of them and the
Agency from liability resulting from activities, advice and similar conduct associated with the
performance of duties on the Agency's behalf.
11. General Powers. The Agency has the power to do the following in its own
name:
a. sue and be sued;
b. make and enter into contracts;
C. employ agents and personnel;
d. acquire, hold, manage and dispose of real or personal property;
e. incur debts, liabilities, and obligations for administrative expenses
necessary to accomplish the purposes of this Agreement;
r f. incur debts, liabilities and obligations for capital expenditures necessary
to carry out the bus program;
g. invest surplus reserve funds as deemed appropriate by the board;
h. secure proper and adequate insurance for public liability, property damage,
fire, theft, workers compensation, and other risks or exposures in amounts and in forms
prescribed by the board and to co-insure each of the parties;
i. exercise a power common to the parties so long as the power is exercised
in furtherance of the purposes of this Agreement;
j. perform such other functions as may be necessary or appropriate to carry
out this Agreement, so long as such other functions performed are not prohibited by any
provision of law.
12. Specific Powers. The Agency may:
a. prepare and develop plans for and implement a joint bus program serving
public school students in grades K-8;
b. contract with a public .or private entity, firm, or person for technical
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assistance, for bus services or for other purposes of implementing the bus program;
C. retain employees necessary to plan for and implement the bus program and
fix their salaries;
d. prepare and adopt a general budget for the Agency's administrative
functions;
e. establish by-laws and rules and regulations as may be necessary for its
operation and for the conduct of the Agency's business including an appropriate conflict
of interest/disclosure resolution;
f. receive, accept, and expend or disburse moneys for purposes consistent
with this Agreement, from the United States, the State of California or a subdivision of
it, or from any other public or private person, agency or organization for the purposes
set forth in this Agreement;
g. receive, accept and use the services of personnel offered by any of its
members, or their representatives or agents; receive, accept and use real or personal
property, offered by any of the parties;
h. Receive, accept and use other services which may be provided to it.
13. Restrictions Upon Exercise of Power of Agency. This Agreement is entered into
under Article 1 of Chapter 5, Division 7, Title I of the Government Code (sections 6500 et seq.)
concerning joint powers agreements. As to those powers vested in the Agency under section
6508 of the Government Code, they shall be exercised in the same manner and subject to the
same restrictions as those applicable to the Municipalities and School Districts under the laws
of the State of California.
The Agency shall exist as an agency legally and fiscally self-sufficient from and
independent of the parties to this Agreement. The Agency has no authority to impose a debt or
obligation upon or incur one for or on behalf of a party to this Agreement.
14. Program Administration. The board of directors shall employ a program
administrator/transportation coordinator. The program administrator/transportation coordinator
shall administer and coordinate the bus program, act as a liaison between the bus provider and
the agency, complete reports required as conditions of grants or as required by agency contracts
with bus providers. One of the member agencies shall act as fiscal agent for the agency when
and to the extent authorized by the board in accordance with policies and directives of the board.
15. Funds and Expenditures.
a. Each expenditure of money must be authorized or approved by the board or by
a person or entity designated by the board to authorize expenditures. The treasurer shall Araw
warrants to pay demands authorized for payment.
b. Before the Agency may expend money or incur a financial obligation, it shall have
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adopted an annual budget by a majority vote of the board of directors. The board may revise
the budget from time to time by a majority vote of the board. The Agency may not approve a
deficit spending budget in any fiscal year nor may the Agency make any unbudgeted
expenditures. The board shall adopt its budget on or before June 30 of each year for the
following fiscal year.
C. The board may invest reserve surplus funds not necessary for the immediate
operation of the Agency in securities, to the extent allowed by Government Code sections 6509.5
and 53601.
d. No party is required to contribute funds except those grant funds it may receive
for the exclusive use of the Agency or payments for use of the bus program for field or athletic
trips.
e. The treasurer shall present periodically to the Agency but no less than once per
fiscal year a financial report accounting for all money received and disbursed for the fiscal
period.
f. The treasurer is the depository and custodian of all Agency funds. The Auditor
shall perform the functions and duties set forth in sections 6505 and 6505.5 of the Government
Code. Interest earned by Agency funds belongs to the Agency.
g. The secretary is designated as property custodian of the Agency.
h. Every officer or employee of the Agency authorized to receive, account for, or
to expend money, shall each file a bond in an amount determined by the board. This
requirement may be met by one or more blanket bonds. The Agency shall pay the cost of the
bond.
i. Accounting Procedures. The Agency shall keep and maintain full books and
accounts in accordance with practices established by, or consistent with, those used by the
controller of the State of California for like public entities. In particular, the Agency's auditor
and treasurer shall comply strictly with the requirements of the statute governing joint powers
agencies, Chapter 5, Division 7, Title I of the Government Code (sections 6500, et seq.).
j. Audit. An independent certified public accountant shall annually audit the records
and accounts of the Agency and file a copy of it with the county auditor, the State Controller
and each participating member within 12 months of the end of the fiscal year or years under
examination. The board, by unanimous vote may replace the annual audit with an audit
governing a two-year period.
16. Liability.
a. The tort liability of the Agency, each member of the board, and every officer and
employee of the Agency, is controlled by Division 3.6 of Title I of the Government Code of the
State of California (beginning with section 810). The provisions relating to the indemnification
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of public employees and the defense of actions against them arising out of an act or omission
within the scope of their employment shall apply to each officer and employee of the Agency.
b. -Every debt, liability and obligation incurred by or imposed upon the Agency is
the debt, liability, and obligation solely of the Agency. No debt, liability or obligation of the
Agency shall be imposed upon any party to this Agreement.
C. In Resolution 94-22P, the Contra Costa Transportation Authority has agreed to
be liable for a termination fee, if any, payable to the contractor providing school bus service.
d. The Agency shall indemnify, defend and hold harmless the Municipalities and
School Districts, their officers, trustees, directors, agents and employees and each of them from
all claims, suits, actions, damages, loss, liability and expenses (including attorney's fees and
court costs) for loss of life or bodily or personal injury or property damage to any person,
damage or loss resulting, in any manner solely or partially, from any cause or condition or
property, equipment, vehicles or facilities under the control of Agency, or resulting from the use
of such property, equipment, vehicles or facilities or from the act, neglect, fault or omission of
Agency's officers, trustees, employees, agents, contractors, or invitees.
e. The Agency shall insure itself and each party from loss, liability, and claims
arising out of or in any way connected with this Agreement.
17. ' Amendments. This Agreement may be amended at any time by the written
agreement of all the parties to it. An amendment becomes effective upon the date of final
execution by all of the parties to this Agreement.
18. Withdrawal of Pakies.
a. A party may withdraw from the Agency at the end of a fiscal year provided it
sends written notice of its intention to withdraw to the other parties by March I of the same
year. The decision of a party to withdraw shall be made by that party in accordance with its
own rules. The notice of withdrawal shall be in resolution form and approved by the governing
body of the withdrawing party. If the notice of withdrawal is not transmitted by March 1, the
withdrawal shall be considered effective at the end of the next fiscal year.
b. The withdrawing party shall continue to be responsible for any cost or charge
assumed or incurred by the party arising from membership in the Agency, up to and including
the effective date of withdrawal.
19. Reinstatement. A party filing notice of withdrawal or its actual withdrawal from
the Agency may seek reinstatement as a member of the Agency. The application for
reinstatement shall be made in writing to the Agency. A party shall be reinstated upon
affirmative action by the board. The board may require a party seeking reinstatement to meet
terms and conditions which the board considers appropriate to insure equality of treatment and
participation.
20. Term and Termination. This Agreement shall continue in force until rescinded
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or terminated as specified by this section. This Agreement may be terminated by consent of all
the parties. Upon termination, every party is entitled to receive the property and surplus money
of the Agency distributed in proportion to the contribution made by it. The Agency shall
continue to exist for the purpose of disposing of liabilities, distributing assets, and all other
functions necessary to conclude the business of the Agency.
21. Successors; Assignment. This Agreement binds and inures to the benefit of the
successors or assigns of the parties to it. No party to this Agreement may assign a right or
obligation under this Agreement without the written consent of each of the other parties.
22. Interpretation. The use of a word or term in this Agreement in the singular or
masculine gender shall also include the plural and feminine gender.
23. Severability. If a portion, term, condition or provision of this Agreement is held
by a court to be illegal or in conflict with a law of the State of California, or is otherwise
unenforceable or ineffective, the validity of the remaining portions, terms and conditions are not
affected.
24. Signatures. This Agreement may be signed on any number of counterparts with
the same effect as if the signatures were on the same document.
The Agreement is entered into as of the date which appears at the beginning of the
Agreement.
City of Lafayette
Mayor
Attest:
City Clerk
Town of Moraga
Mayor
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Attest:
Town Clerk
City of Orinda
Mayor
Attest:
City Clerk
,,-Ufayette Sc 1 District
Attest:
Moraga School District
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Attest:
Orinda School District
Attest:
I,A&9f\b,Tk.;P.
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LAMORINDA SCHOOL BUS PROGRAM
A cooperative effort by the communities of Lafayette, Orinda, Moraga and the
Contra Costa Transportation Authority to mitigate traffic.
s RECEIVED
JUN 9 1995
CLERK BOARD OF St.'TERMSORS,
CONTRA CO:".".A C'
June 7, 1995
Jeanne Maglio
Clerk of the Board of Supervisors
Contra Costa County
651 Pine Street
Martinez, CA 94553
Re: Adoption of a Conflict of Interest Cod_a by the Lamorinda School Bus
Transportation Agency .
Dear Ms. Maglio:
Enclosed is a copy.of a Conflict of Interest Code which was approved by the Lamorinda
School Bus Transportation Agency on May 23, 1995 at a noticed public hearing.
This agency was established as provided in the Joint Powers Agreement, a copy of which
is enclosed for reference.
Please place this resolution on an agenda for review by the Contra Costa County Board of
Supervisors pursuant to Government Code section 82011.
S' ely
Jo Cool
Chairman o Joint Powers Authority
Lamorinda School Bus Transportation Agency
cc: Charles J. Williams, Counsel to the Lamorinda School Bus Transportation Agency
MaryAnn Mason, Deputy County Counsel
P. 0. Box 1968, Lafayette, California 94549
Phone 510/284-1968 Fax 510/284-3169