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HomeMy WebLinkAboutMINUTES - 05071996 - C75 TO: BOARD OF SUPERVISORS FROM: Victor J . Westman, County Counsel By: Arthur W. Walenta, Assistant County Counsel DATE: May 7 , 1996 SUBJECT: Conflict of Interest Code of the East Contra Costa Regional Fee and Financing Authority SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I . RECOMMENDED ACTION Revise the attached Conflict of Interest Code of the East Contra Costa Regional Fee and Financing Authority as follows, and approve it as revised. Revisions : 1 . Amend section 500 (e) , to read: (e) Initial Statement: The intial 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. CONTINUED ON ATTACHMENT: YES XXX SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON _MU 7, 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. Orig: County Counsel ATTESTED May 7, 1996 cc: Clerk, Board of Supervisors PHIL BATCHELOR, CLERK OF Harvey Bragdon, Director of THE BOARD OF SUPERVISORS AND Community Development COUNTY ADMINISTRATOR Attn: Steven L. Goetz . BY , DEPUTY AWW: f jb h:\groups\fLo\Board.001 2 . Add section 700 , to read: Section 700 . Gifts and Honoraria "All other provisions of this Code notwithstanding, the following provisions hereafter apply: (a ) 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 sectin shall not limit or prohibit payments , advances , or reimbursements for travel and related lodging and subsistence authorized by Government Code section 89506 . (b) No designated employee shall accept any gifts with a total value of more than two hundred eighty dollars ( $280 ) in a calendar year from any single source . Subdivision (d) of Government Code section 89504 shall apply to this section. " II BACKGROUND The East Contra Costa Regional Fee and Financing Authority has adopted its code and submitted the code to the Board for approval pursuant to Government Code sections 87303 . The revisions bring the Code into conformance with the Political Reform Act of 1974 . CONFLICT OF INTEREST CODE FOR THE EAST CONTRA COSTA REGIONAL FEE AND FINANCING AUTHORITY SECTION 100. Purpose. Pursuant to the provisions of Government Code sections 87300, et seq., hereby adopts the following Conflict of Interest Code. Nothing contained herein is intended to modify or abridge the provisions of the Political Reform Act of 1974 (Government Code, s 81000 et. seq.). The provisions of this Code are additional to Government Code section 87100 et. seq. and other laws pertaining to conflicts of interest. Except as otherwise indicated, the definitions of said Act and regulations adopted pursuant thereto are incorporated herein and this Code shall be interpreted in a manner consistent therewith. SECTION 200. Desianated 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. The Board of Directors shall periodically review and reclassify Authority staff positions that should be included as designated employees. SECTION 300. Disclosure Statements. (a) Designated positions shall be assigned to one or more of the disclosure categories set forth on Exhibit"B". Each designated employee shall file an annual statement disclosing that employee's interest in investments, business positions, and income, designated as reportable under the category to which the employee's position is assigned. SECTION 400. Place and Time of Filing. (a) All designated employees required to submit a statement of financial interests shall file the original with staff to the Board of Directors. (b) In the case of agency heads and the members of the boards and commissions, staff to Board of Directors shall make and retain a copy and forward the original to the Clerk of the Board of Supervisors for Contra Costa County. (c) All designated employees employed by the agency on the effective date of this Code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within thirty days after the effective date of this code. 1 Thereafter, each person already in a position when it designated by an amendment to this Code shall file an initial statement within thirty days after the effective date of the amendment. Employees appointed, promoted or transferred to designated positions shall file initial statements within 30 days after date of employment. (d) Annual statements shall be filed during the month of April by all designated employees. Such statements shall cover the period of the preceding calendar year: Closing statements shall be filed within 30 days of leaving a designated position. Such statements, shall cover the period from the closing date of the last statement filed to the date of leaving the position. (e) A designated employee required to file a statement of financial interest 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 this agency may comply with the provisions of this Code by fling 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 Clerk of Contra Costa County, and shall contain the following information: (a) Contents of Investment and Real Property Reports: When an investment, or an interest in real property, is required to be reported, the statement shall contain: (1) A statement of the nature of the investment or interest; (2) The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged; (3) The address or other precise location of the real property; (4) A statement whether the fair market value of the investment or interest in real property equals or not exceeds one thousand dollars ($1,000) but does not exceed ten thousand dollars ($10,000), whether it exceeds ten thousand dollars ($10,000) but does not exceed one hundred thousand dollars ($100,000), or whether it exceeds one hundred thousand dollars ($100,000). This information need not be provided with respect to an interest in real 2 property which is the principal residence of the filer or any other property which the filer utilizes exclusively as the personal residence of the filer. (b) Contents of Personal Income Reports: When personal income is required to be reported, the statement shall contain: (1) The name and address of each source of income aggregating two hundred and fifty dollars ($250) or more in value, or fifty dollars ($50) or more in value if the income was a gift, and a general description of the business activity, if any of each source. In the case of a gift received through an intermediary, the name, address, and business activity of both the donor and the intermediary must be disclosed. (2) A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was at least two hundred fifty dollars ($250) but did not exceed one thousand dollars ($1,000), whether it was in excess of one thousand dollars ($1,000) but was not greater than ten thousand dollars ($10,000), or whether.it was greater than ten thousand dollars ($10,000); (3) A description of the consideration, if any, for which the income was received; (4). In the case of a gift, the amount and the date on which the gift was received; (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 3 person was equal to or greater than ten thousand dollars ($10,000) during a calendar year. (d) Contents of Management Positions Reports: When management positions are required to be reported, designated employees shall list the name of each business entity not specified above in which they are a director, officer, partner, trustee, employee, or in which they hold any position of management. (e) Initial Statement: l,��y ell-f�•h s The initial statement filed by an employeeppointed to a designated position shall disclose any reportable investments and interests in real property. (f) Acquisition or Disposal During Reporting Period: In the case of a statement filed under section 400(d), if the investment, or interest in real property, was partially or wholly acquired or disposed of during the period covered by the statement, the date of acquisition or disposal. SECTION 600-Disqualification. Designated employees must disqualify themselves from making or participating in the making of or using their official position to influence the making of any decisions in which they have a reportable financial interest, when it is reasonably foreseeable that such interest may be materially affected by the decision. No designated employee shall be required to disqualify himself with respect to any matter which could not be legally acted upon or decided without his participation. In addition, designated employees must adhere to Government Code Section 84308. 4 76 EXHIBIT "N' Designated Positions Disclosure Category Voting Directors and Alternates 1, 2 Authority Staff Executive Director Management staff 1, 2 Support staff 1, 2 5 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. 1. Designated Employees in Group "V must report: All investments, interests in real property and.income, and any business entity in which the person is a director, officer, partner, trustee, employee, or . holds any position of management. Financial interests are reportable only if located within the jurisdiction of the Authority or if the business entity is doing business or planning to do business in the jurisdiction of the Authority (and such plans are known by the designated employee) or has done business within the jurisdiction at any time during the two years prior to the filing of the statement. 2. Designated Employees in Group "2" must report: Investments in any business entity and 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 Authority to provide services, supplies, materials, machinery or equipment to the Authority. This Conflict of Interest Code was adopted by the Board of Directors, East Contra Costa Regional Fee and Financing Authority, at its regular meeting held in Antioch, CA on May 11, 1995. The Code is subject to final approval by the Contra Costa County Board of Supervisors. 6 \CONFLICT version 1/12/95 7 COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: Apr i 1 19 , 1996 To: Clerk, Board of Supervisors From: Victor J. Westman, County Counsel By: Arthur W. Walenta, Assistant Cou!Contra nsel Re: Conflict of Interest Code of the. East Costa Regional Fee and Financing Authority Attached hereto is a board order approving the Conflict of Interest Code for the East Contra Costa Regional Fee and Financing Authority. The code is approved as to form, as revised . Please place this matter on the Board of Supervisors ' agenda . A draft board order is attached . AWW:f j b cc: Harvey E. Bragdon, Director of Community Development, Attn: Steven L. Goetz, Principal Planner West County Agency County Administrator h:\groups\f to\COI-East.mem