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HomeMy WebLinkAboutMINUTES - 04161996 - C82 TO: BOARD OF SUPERVISORS FROM: Victor J . Westman, County Counsel By: Arthur W. Walenta, Assistant County. Counsel DATE: April 3 , 1996 SUBJECT: Conflict of Interest Code of the Delta Diablo Sanitation District SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND .AND JUSTIFICATION RECOMMENDATIONS Approve amended Conflict of Interest Code of the Delta Diablo Sanitation District, as shown on the attached exhibit from said agency. BACKGROUND/REASONS FOR RECOMMENDATIONS The Delta Diablo Sanitation District has adopted its code and submitted the code to the Board for approval pursuant to Government Code sections 8730.3 and 87306 . 5 . CONTINUED ON ATTACHMENT: YES XXX SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITT APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON April 16, 1996 APPROVED AS RECOMMENDED X OTHER _ VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A X 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. O.rig: County Counsel ATTESTED_ April 16, 1996 cc: Clerk, Board of Supervisors PHIL BATCHELOR, CLERK OF Delta Diablo Sanitation District THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY , DEPUTY. AWW: fjb h:\groups1\i10\Board.001 ;f f C � $I� BEFORE THE BOARD OF DIRECTORS OF DELTA DIABLO SANITATION DISTRICT Re: Amending the District's ) Conflict of Interest Code ) RESOLUTION NO. 4/96 1 THE BOARD OF DIRECTORS OF DELTA DIABLO SANITATION DISTRICT HAS DETERMINED THAT: WHEREAS, pursuant to the Political Reform Act, which governs Conflict of Interest Codes, and to bring the District's Code into compliance with current law, this Board approves the proposed amendments to Resolution No. 12/94, as attached hereto and approves the following amendment to Exhibit "A" of the Conflict of Interest Code, and directs staff to transmit this Code by March 14, 1996, to the Contra Costa County Board of Supervisors for review and approval. Exhibit "A" to the Conflict of Interest Code shall be amended to include "Engineering Manager." PASSED AND ADOPTED on March 13, 1996, by the following vote: AYES: RIMBAULT and TORLAKSON NOES: NONE ABSENT: CANCIAMILLA ABSTAIN: NONE I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution adopted by the Board of Directors of Delta Diablo Sanitation District on March 13, 1996. ATTEST: Paul H. Causey Secretary to the Board of Directors By: \ cc: County Counsel District File RESOLUTION NO. 4/96 CONFLICT OF INTEREST CODE DELTA DIABLO SANITATION DISTRICT SECTION 100. Purpose. Pursuant to the provisions of Government Code Sections 87300, et seq., the Delta Diablo Sanitation District 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. The provisions of the Code are additional to Government Code Section 87100 and other laws pertaining to conflicts of interest. Except as otherwise indicated, the definitions of said Act and regulations adopted pursuant thereto are incorporated herein, and this Code shall be interpreted in a manner consistent therewith. SECTION 200. Designated Positions. The positions listed on Exhibit "A" are designated positions. Officers and employees holding those positions are designated employees and are deemed to make, or participate in the making of, decisions which may foreseeably have a material effect on a financial interest. SECTION 300. Disclosure Statement. (a) This Code does not establish any disclosure obligation for those designated employees who are also specified in Government Code Section 87200 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 seq. Such persons are covered by this Code for disqualification purposes only. (b) Designated positions shall be assigned to one or more of the disclosure categories set forth in Exhibit "B." With the exception of those designated employees who are exempt pursuant to subsection (a), each designated employee shall file an annual statement disclosing that employee's interest in investments, real property, business positions, and income, designated as reportable under the category to which the employee's position is assigned. (c) All other provisions of this Code notwithstanding, the following provisions hereafter apply: 1. No designated employee shall accept any honorarium. Subdivisions (b), (c), and (e) of Government Code section 89502 shall apply to the prohibitions in this section. This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Government Code section 89506. 2. No designated employee shall accept any gifts with a total value of more than two hundred eightydollars ($280) in a calendar year from any single source. Subdivision (d) of Government Code section 89504 shall apply to this section. (1) 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 District's Secretary to the Board of Directors or the designee. (b) In the case of the General Manager and the members of the Board of Directors, the Assistant Secretary to the Board of Directors, or the designee of the General Manager, 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 by the agency on:the effective date of this Code, as originally adopted, promulgated and approved by the Board of Directors, 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 thirty days after date of appointment, promotion, or transfer. (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 thirty 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 under 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 the 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 County Clerk 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 investments 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; (2) (4) A statement whether the fair market value of the investment or interest in real property equals or exceeds One Thousand Dollars ($1,000.00) but does not exceed Ten Thousand Dollars ($10,000.00), whether it exceeds Ten Thousand Dollars ($10,000.00) but does not exceed one Hundred Thousand Dollars ($100,000.00), or whether it exceeds One Hundred Thousand Dollars ($100,000.00). This information need not be provided with respect to an interest in real property which the flier 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: (1) The name and address of each source of income aggregating Two Hundred and Fifty Dollars ($250.00) or more in value, or Fifty Dollars ($50.00) 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 ($250.00) but did not exceed One Thousand Dollars ($1,000.00), whether it was in excess of One Thousand Dollars ($1,000.00) but was not greater than Ten Thousand Dollars ($10,000.00), or whether it was greater than Ten Thousand Dollars ($10,0.00.00). (3) A description of the consideration, if any, for which the income was received. (4) In the case of a gift, the amount and 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 from such person was equal to or greater than Ten .Thousand Dollars ($10,000.00) during a calendar year. (3) (d) Contents of Business Positions Reports: When business positions are required to be reported, a designated employee shall list the name 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 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 and interests in real property held on the effective date of this Code and income received during the 12 months before the effective date of the Code. Thereafter, the initial statement filed by an employee appointed 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 date of appointment. (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. A designated employee must disqualify himself from making or participating in the making of any decision or using his official position to influence the making of any decision in which he has 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 of which could not be legally acted upon or decided without his participation. tAadminkonflict.doc Revised March 1, 1996 (4) CONFLICT OF INTEREST CODE EXHIBIT "A" DESIGNATED POSITIONS DISCLOSURE CATEGORY Members of the Board of Directors* 1 & 2 District Counsel 1 & 2 General Manager/District Engineer 1 &2 Engineering: Technical Services Manager 1 &2 Engineering Manager 1 &2 Planning and Development Engineer 1 & 2 Senior Engineer 1 & 2 Associate Engineer 1 &2 Construction/Collection: 1 & 2 Construction Manager 1 & 2 Collection System Supervisor 1 & 2 Construction Inspector 1 & 2 Administration: Administrative Services Manager 1 &2 Personnel Officer 1 & 2 Office Manager 1 &2 Operations, Maintenance& Laboratory: Director of Water Quality Laboratory & Industrial Monitoring 1 & 2 Plant Manager 1 &2 Industrial Monitoring Inspector 1 &2 Operations Supervisor I &2 Maintenance Supervisor 1 & 2 Inventory Control Specialist 1 & 2 (5) Consultants** *The members of the Board of Directors include: Chair of the Board of Supervisors, and the designated alternate Mayor of the city of Antioch, and the designated alternate Mayor of the city of Pittsburg, and the designated alternate **Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the Code subject to the following limitation: The General Manager/District Engineer may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The General Manager/District Engineer's determination is a pubic record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. t:ladmintcontlict.doc Revised March 1, 1996 (6) • U Y i 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 "1" must report: All investments, interests in real property and income, and any business entity in which the person is a directors, officer, partner, trustee, employee, or holds any position of management. Financial interests are reportable only if located within the District or if the business entity is doing business or planning to do business in the District (and such plans are known by the designated employee) or has done business within the District at any time during the two year period prior to the filing of the statement. Designated Employees in Group "2": 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 District to provide services, supplies,materials, machinery or equipment. Designated Employees in Group "3": Investments in any business entity, income from any source and status as director, officer, partner, trustee, employee, or holder of a position of management in any business entity which, within the last two years, had contracted or in the future foreseeably may contract with Delta Diablo Sanitation District to provide services, supplies, materials, machinery or equipment which are related to one of the following areas: (A) District Buildings - Maintenance (B) District Buildings - Construction (C) District Grounds - Maintenance (D) SewerTacility Maintenance (E) Sewer Facility Construction (F) Sanitation & Water Supply (G) Office Supplies & Equipment (H) Motor Vehicles (I) Motor Vehicle Parts (J) Petroleum Products (K) Landscaping (L) Telephone Equipment (7) tAadminkonflict.doc Revised March 7, 1996