HomeMy WebLinkAboutMINUTES - 05141996 - C54 C. 53 & C.54
THE BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on May 14, 1996 , by the following vote:
AYES: Supervisors Rogers, Bishop, DeSaulnier, Torlakson and Smith
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Correspondence
C. 53 LETTER dated May 2, 1996, from Rosemary Corbin, Mayor, City of Richmond, 2600 Barrett
Avenue, Richmond, CA 94804, requesting the Board to commit to working with Kaiser
Hospital to maintain a health care facility in Richmond.
**** REFERRED TO HEALTH SERVICES DIRECTOR
C. 54 LETTER dated May 2, 1996, from Mike Yeraka, P.E., General Manager, Diablo Water
District, 3100 Main Street, Ste 278, Oakley, CA 94561-0127, transmitting amendments to
the District's Conflict of Interest Code.
**** REFERRED TO COUNTY COUNSEL
IT IS BY THE BOARD ORDERED that the recommendations as noted (****) are
approved.
hereby certify that this is a true andCorreetCopyof
an action taken and entered on the minutes of the
Board of Superi ors on the
A PHIL BATCHELO Clerk of h rd"�
,
of Supervisors and nfy Admi"tratar
lhigy Deputy
c.c. Correspondents
Health Services, Director
County Counsel
MABLO Certified Return Receipt Requested
WATER
DISTRICT May 2, 1996
P.O.Box 127
3100 Main Street, Suite 278
Oakley,CA 94561-0127 RE F11 r!-r7
510.625.3798
REC
Fax 510.625 0814
Ms. Jeanne Maglio
Directors: MAY 6 1996
V.Wallace Allen The Board of Supervisors
COSTA 0
Bill E.Brandt Contra Costa County CLERK EBOARD OF SUPERVISORS
Leonard Celoni CONTRA COSTA Co.
Kenneth L.Crockett County Administration Building
Howard Hobbs 651 Pine Street, Room 106
General Manager Martinez, CA 94553
Secretary:
Mike Yeraka Re: Conflict of Interest Code
Attorney:
Frederick Bold A Dear Ms. Maglio:
In compliance with section 87306.5 of the Government Code, the Board of
Directors of Diablo Water District 'reviewed its conflict of interest code and
determined that a number of amendments were necessary. The amendments
were made by the Boards Resolution No. 96-4 adopted on April 29, 1996, a
copy of which is enclosed. A copy of the entire code as amended is also
enclosed.
Yours truly,
Mike Yeraka, P.E.
General Manager
MYJI
Enclosure
cc: Mr. Frederick Bold
RESOLUTION NO. 96-4
A RESOLUTION OF THE BOARD OF DIRECTORS OF DIABLO WATER DISTRICT
AMENDING REGULATION NO. 102 - CONFLICT OF INTEREST CODE
BE IT RESOLVED by the Board of Directors of Diablo Water District that Regulation
No. 102 of said District is hereby amended effective forthwith to read as follows:
REGULATION NO. 102
CONFLICT OF INTEREST CODE
OF
DIABLO WATER DISTRICT
The Political Reform Act, Government Code, Section 81000 et seq., requires state
and local government agencies to adopt and promulgate conflict of interest'codes. The
Fair Political Practices Commission has adopted a regulation, 2 California Code of
Regulations, Section 18730, which contains the terms of a standard conflict of interest
code. It can be incorporated by reference and may be amended by the Fair Political
Practices Commission after public notice and hearings to conform to amendments of the
Political Reform Act. Therefore, the terms of 2 California Code of Regulations, Section
18730, and any amendments of it duly adopted by the Fair Political Practices
Commission, are hereby incorporated by reference. This statement with the attached
Appendix shall constitute the Conflict of Interest Code of Diablo Water District.
The officials of the District who manage public investments are the Directors, the
General Manager and the Treasurer. Each of them (and candidates for the office of
Director) shall file statements of economic interests pursuant to Government Code,
Section 87200. Upon receipt of the statements the Secretary shall make and retain a copy
which shall be available for public inspection and reproduction and shall forward the
original of these statements to the County of Contra Costa.
Other District employees and District consultants designated in the Appendix shall
file statements of economic interests in the disclosure categories stated in the Appendix.
These statements shall be retained by the Secretary and shall be available for public
inspection and reproduction.
APPENDIX
to the Conflict of Interest Code of
Diablo Water District
Designated Positions Disclosure Categories
Administrative Assistant All sources of income, interests in real property,
Attorney investments, and business positions in business
entities.
Superintendent of Operations Investments, business positions in business
entities, and source of income which provide
service, supplies, material, machinery or
equipment of the type-used by the District.
Consultants.
The General Manager may determine in writing that a particular consultant,
although a "designated position", is engaged to perform a range of duties that is limited in
scope and thus is not required to comply fully with the disclosure requirements described
herein. 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'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.
I certify that the foregoing is a true and complete copy of a resolution duly and
regularly adopted by the Board of Directors of Diablo Water District at a meeting thereof
regularly held on April 29, 1996, by the following vote:
AYES: Directors Allen, Brandt, Celoni, Crockett and Hobbs
NOES: None
ABSENT: None
Dated: May 2, 1996
Mike Yeraka, Secretary
Adopted by B/D OWD 17122176
Approved by B/S CCC 9/27/94
Amended by B/D DWD 4/29/96
REGULATION NO. 102
CONFLICT OF INTEREST CODE
OF
DIABLO WATER DISTRICT
The Political Reform Act, Govemment'Code, Section 81000 et seq., requires
state and local government agencies to adopt and promulgate conflict of interest
codes. The Fair Political Practices Commission has adopted a regulation, 2
California Code of Regulations, Section 18730, which contains the terms of a
standard conflict of interest code. It can be incorporated by reference and may be
amended by the Fair Political Practices Commission after public notice and hearings
to conform to amendments of the Political Reform Act. Therefore, the terms of 2
California Code of Regulations, Section 18730, and any amendments of it duly
adopted by the Fair Political Practices Commission, are hereby incorporated by
reference. This statement with the attached Appendix shall constitute the Conflict of
Interest Code of Diablo Water District.
The officials of the District who manage public investments are the Directors,
the General Manager and the Treasurer. Each of them (and candidates for the office
of Director) shall file statements of economic interests pursuant to Government Code,
Section 87200. Upon receipt of the statements the Secretary shall make and retain a
copy which shall be available for public inspection and reproduction and shall
forward the original of these statements to the County of Contra Costa.
Other District employees and District consultants designated in the
Appendix shall file statements of economic interests in the disclosure categories stated
in the Appendix. These statements shall be retained by the Secretary and shall be
available for public inspection and reproduction.
APPENDIX
to the Conflict of Interest Code of
Diablo Water District
Designated Positions Disclosure Categories
Administrative Assistant All sources of income, interests in real property,
Attorney investments, and business positions in business
entities.
Superintendent of Operations Investments, business positions in business
entities, and source of income-which provide
service, supplies, material, machinery or
equipment of the type used by the District.
Consultants.
The General Manager may determine in writing that a particular consultant,
although a "designated position", is engaged to perform a range of duties that is limited
in scope and thus is not required to comply fully with the disclosure requirements
described herein. 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'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.
RESOLUTION NO. 18730
(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 87307 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 Reform Act, Government Code
Sections 81000, et seq. 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:
18730
(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 seg. ) , and any amendments to the Act or
regulations, are incorporated by reference into this
Conflict of Interest Code.
(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 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
r
2 18730
F 2�.
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.)
(5) Section 5. 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 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.
(B) Assuming Office Statements. All
persons assuming designated positions after the
effective date of this Code shall file statements
within thirty days after assuming the designated
J 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.
l
4 18730
Political Reform Act, Government Code Sections 87200,
et seq.!/ 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
Appendix. 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 body shall instruct all
designated employees within its code to file
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.
3 18730
positions, or if subject to State Senate
confirmation, thirty days after being nominated
or appointed.
(C) Annual Statements. All designated
employees shall file statements no later than
April 1.
(D) Leaving Office Statements. All persons
who leave designated positions shall file
statements within thirty days after leaving
office.
(5.5) Section 5.5. Statements for Persons Who
Resign 30 Days After Appointment.
Persons who resign within 30 days of initial-
appointment are not deemed to have assumed office or
left office provided they did not make or participate
in the making of, or use their position to influence
any decision and did not receive or become entitled to
receive any form of payment as a result of their
appointment. Such persons shall not file either an
assuming or leaving office statement.
(6) 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
5 18730
business positions held on the effective date of
the Code.
(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.
(C) Contents of Annual Statements. Annual
statements shall 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 effective
date 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.
6 18730
{ . (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:
(A) Investments and Real Property
Disclosure. When an investment or an interest in
real property) is required to be reported,Y 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 of the real property; -
J For the purpose of disclosure only (not disquali-
fication) , an interest in real property does not include the
principal residence of the filer.
J 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.
l
7 18730
4. A statement whether the fair market
value of the investment or interest in real
property exceeds one thousand dollars
($1,000) , exceeds ten thousand dollars
($10,000) , or exceeds one hundred thousand
dollars ($100,000) .
(B) Personal Income Disclosure. 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 fifty
1
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
J 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.
8 18730
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 description of -the gift; the
amount or value of the gift; 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,
i given for the loan.
(C) Business Entity Income Disclosure.
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;
J 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.
9 18730
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 list 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 employee's position
with the business entity.
(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. Disqualification.
No -designated employee shall make, participate in
making, or in any way attempt to use his or her
i
10 18730
1 .. , official position to -influence the making of any
governmental decision which he or she knows or has
reason to know will have a reasonably foreseeable
material financial effect, 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;
(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 designated
employee within twelve months prior to the time
when the decision is made;
11 18730
(D) Any business entity in which the
designated employee is a director, officer,
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.'
(8.3) Section 8.3. 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.
(8.5) Section 8.5. Disqualification of State
officers and Employees.
In addition to the general disqualification
provisions of Section S. no state administrative
official shall make, -participate in making, or use his
r
12 18730
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.
(9) Section 9. 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 agencyfs official record; in
13 18730
the case of a designated 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.
(10) Section 10. 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.
(11) Section 11. 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
14 18730
may be set aside as void pursuant to Government Code
Section 91003.
(Gov. Code Sections 87300 and 87302)
History: (1) New section filed 4/2/80 as an
emergency; effective upon.-filing.
(2) Editorial correction.
(3) Amendment filed 1/9/81; effective
2/8/81-
(4) Amendment filed r1/26/83; effective
2/25/83.
(5) Amendment ,filed 11/10/83; effective
12/12/8,3 '
(6) Amendment filed 4/13/87; effective
5/13/87. , .
(7) Amendment filed 10/21/88; effective
,,i 11/20/88.
i
15 18730