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HomeMy WebLinkAboutMINUTES - 03161999 - C110 TO: Board of Supervisors �. `r = CONTRA FROM: Victor J. Westman,County Counsel COSTA By: Mary Ann McNett Mason, Deputy County Counsel COUNTY < : ra-g- DATE: February 18, 1998 SUBJECT: Conflict of Interest Code of the Community Development Department SPECIFIC:REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATIONN RECOMMENDATION(S): Approve the Community Development Department's Conflict of Interest Code as shown on the attached memorandum from the:Department. BACKGROUND/REASON(S)FOR RECOTMMENDA110—N(SX. The Community Development Department adopted 2 CCR § 18730 (FPPC Model Code) and submitted the code to the Board for approval pursuant to Government Code section 87306 and 87306.5. CONTINUED ON ATTACHMENT: .XXX 'SES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATORRECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON LARCH 16, 1999 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ARSE'-T ' ) TRUE AND CORRECT COPY OF AN AYES. NOES: ACTION TAKEN AND ENTERED ABSENT: ABSTAIN: ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. ATTESTED: IMiRCR 16, 1999 PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS Contact: County Counsel AND COUNTY ADMINISTRATOR cc: Clerk, Board of Supervisors Anil Comelo Comm. Dev. Dept. { A I BY`' �( "a ,DEPUTY H:\FBEN T\mam\BDORDCOI .07 COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: February 18, 1999 To: Clerk, Board of Supervisors .-ram: Victor J. Westrnan, County Counsel By: Mary Ann McN-ett Mason, Deputy County Counsel ° Re: Conflict of interest Code of the Community Development Departmrer_t Attached hereto is a revised Conflict of Interest Code for the above-named entity. The Code is approved as to form.. Please place this matter on the Board of Supervisors' agenda as requested by the Department. A draft board order is attached. MAM, :fjb cc: Anil Comelo, Community Development Department Attachments h:\fbent\rnam\C01-memo I-memo Adopted by On (141 Incorporation Page COMMUNITY DEVELOPMENT DEPARTMENT ENT 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 Cal. Code of Reg . 18730) which contains the terms of a standard conflict of interest code. After public notice and hung it may be mended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendix designating officials and employees and establishing disclosure categories, shall constitute the conflict of interest code of the Community .Development Department. Designated employees shall file their statements with the office of the Administrative Services Officer of the Community Development Department who will make the statements available for public inspection and reproduction. (Gov. Code Section 81008.) Statements for all designated employees will be retained by the Administrative Services Officer of the Community Development Department, except that in the case of the Department Head, the Administrative Services Officer shall make and retain a copy and forward the original to the Clerk of the Board of Supervisors. AC;13(131109$) dblfSS(}{J.2G Amend 2 Cal. Code of Regulations Section 18730 as follows: 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 Govermnent 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 Reform Act, Government Code Sections 81000, et sect. 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 Pair 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. (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 foresecably 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 7/3/98 1 18730 must report their financial interests pursuant to.Article 2 of Chapter 7 of the Political Reform Act, Government Code Sections 872030, et seq. 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 is 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 (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 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 Piling. The code reviewing body shall instruct 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 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 verged by the designated employee as if it were an original. See Government Code Section 81004. 7/3/98 2 18730 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 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 initial statement within 30 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 30 days after assuming the designated positions,or if subject to state Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April 1. (U) Leaving Office Statements. All persons who leave 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 within 12 months of initial appointment, or within 30 days of the date of notice provided by the ding officer to file an assuming office 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 receive any form of payment 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 fling officer shall do both of the fallowing. (1) File a written resignation with the appointing power; and (2) File a written-statement-with the filing officer declaring under penalty of perjury that 2 See Government Code Section 81010 and 2 Cal.Cade of Regs.Section.18115 for the duties of filing officers and persons in agencies who snake and retain copies of statements and forward the originals to the filing officer. 713/98 3 18730 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 entitled to receive, any form of payment by virtue of being appointed to the position.. (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 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. (E) 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 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. (7) Section 7. Manner of Reporting. Statements of economic interests shall be made on forms prescribed by the Pair Political Practices Commission and supplied by the agency, and shall contain the following information: (A) Investments and heal Property Disclosure. When an investment or an interest in real 7/3/98 4 18730 property3 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 of the real property; 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). (I3) 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 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; 1 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 description of the gift; the amount or value of 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 S 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 to percent or greater. ' 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. 7/3198 5 18730 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, given for the loan an tbg t = (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; 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 am 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. Prohibition on Receipt of honoraria. (A) :No member of a state board or commission, and no designated employee of a state or local government 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 ' 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 IU 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 w-ifhin one of the disclosure categories of the filer. 7/3/98 6 18730 governing beard of any public institution of higher education, unless the member is also an elected official. Subdivisions(a), (b), and(c)of Government Code Section 89501 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 89536, (8.1) Section 8.1 Prohibition on Receipt of Gifts in Excess of$290. (A) No member of a state board or commission, and no designated employee of a state or local government agency,shall accept gifts with a total value of more than$290 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. Subdivisions (e), (f), and(g) of Government Code Section 89503 shall apply to the prohibitions in this section. (8.2) mon E.2—Loans to Pub?ir, Officials, v QLhg"Jection to_gffice through the date that hr,oubg vacates gffice.rec6y&a IQ=I=My loyeg. member. or consul=of the state.or 12cal Cloy:mmmt agemy in which-th t 5 Y and(g)of S=ton 4 of Aitick VII of the-Qonsti==,ihWL_wIiik in } 7!3198 7 18730 t t Es created as vart of a retail imtaUmmt Qr credit card tramactign. if Ihe loan i5 made Qi the 6tedness=ated in Ihe r T uhdiyisi= (c), (d), (e), (f), and(&)-of Sectioll-4 of Aijkle-VII of the Cgmti=,on shall.w1W.Q ' v whQsg r 1 (E) This seotion,;I ngt apply to,tha folloirt�: lb elective o } 8 S 1 1 pans from a pgron w-hiQb in the aggregate do not exceed tffg hundre&Lfty d2ll rs(te) at my gi-y=ti b, 4• Lis made, or Qffored in ' ing,bf=Lmu= 1 199 7/3/98 8 18730 (8 S iQn 8 3 Lo T . W Emot m set forth iii-subdivisi (B).no elected offter of a state or local zQy-g=enl ag=y ahall. fmm thr,date Qf hia or her cleglion to,offwe throuah the-date hi,-or-she S apply to 2&-following-Wes of lo= Loau5 made to the ca=aign committee of IU&Otcd ti QLlucam=eal CQ -lign 8A.�`. al Lo=s. QY for filing bion for default hu mw r&d• fro e later of t,e oowi= a• dW thelay?wu madg. 7/3/98 9 18730 3�Bj This-seglion shall not=Iv to the following Z=s- `loans: L A luau made IQ-the- mmittee-of au eIggled oMger-or-&cmdidate-for taive offices -that , A loan that muld.pAh=dse br,a gift jw set fQrl undsl subdiyision(A).buton v' sign-W.buttion. Excot in a-M=al actiom a creditor who claims that a I=is not a gift=JU basis o w a ed on reamable bins cpnssdera inn . C oan r disgharged in bank=tc . I 9ot�Gov rtent Code. (9) Section 9. Disqualification. No designated employee shall make,participate in snaking,or in any way attempt to use his or her 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 7/3/98 10 18730 official status, aggregating two hundred fifty dollars ($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; (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 $290 or more 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 notmake his or her participation legally required for purposes of this section. (9.5) Section 9.5.Disqualification of Mate 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 (13) 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 7/3/98 11 18730 interest. In the case of a voting body,this determination and disclosure shah be made part of the agency's official record; in 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 shad 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 8311.4 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 prevision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Government Code Sections 81000- 91015. 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:NCE: Sections 87103(e), 87300-87302, 89501, 89502, 89503, Gov. Code 7/3/98 12 18730 j0b03.wpd EXHIBIT A CONFLICT OF INTEREST ..DESIGNATED POSITIONS Community Development: Disclosure Category. Accountant I,II, III All Accounting Technician All Administrative Services Assistant II&IIl All Administrative Services Officer All Deputy Directors), Community Development All Director of Community Development All Director of Redevelopment All Planners I, II, III All Planning and Economic Coordinator All Planning Demographer All Planning Technician I & II All Principal Planner(Level A&B) All Redevelopment and Housing Technician All Resource Recovery Specialist All Senior Planning Technician All Senior Transportation Planner All Supervising Accountant All Transportation planner All Transportation Planning.Manager All * Consultants All * The Department Head may determine that a particular consultant 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 code. The Department Head may make a determination on a case by case basis ghat disclosure,if any,is required for any particular consultant. AC18 EXHIBIT"B" Disclosure Category Ruh., .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. (a)All investments, interests in real property,income, and any business entity in which the person is a director,officer,partner,trustee,employee,or holds any position of management. Financial interests are reportable only if located within Contra Costa County,or if the business entity is doing business or planning to do business in the County(and such plans are Mown by the designated employee)or has done business within the County at any time during the two years prior to the filing of the Statement. (b) 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 entry which has within the last two years contracted,or foreseeably may contract,with Contra Costa County or the Community Development Department or any associated special district to provide services, supplies,materials,machinery, or equipment to the County or the Cornmuniity Development Department or any of the associated special districts. nc:tz Anihcaeod (szr�a> COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: March 5, 1999 To: Clerk, Board of Supervisors From: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel 41. Re: Conflict of Interest Code of the Reclamation District No. 2117 Attached hereto is the Conflict of Interest Code for the above-named entity. The Code is approved as to form. Please place this matter on the Board of Supervisors' agenda as requested by the entity. A draft board order is attached. MA iVl:fjb cc: Dante John Nomellini, Reclamation Dist. No. 2117 Attachments TO: Beard of Supervisors (:() TSA FROM: Victor J. Westman, County Counsel o ; „, s COSTA By: Mary Ann Me-Nett Mason, Deputy County Counsel <<. . l h •- COUNTY DATE: March 1, 1999 SUBJECT: Conflict of Interest Code of the Reclamation District No. 2117 SPECIFIC REQUEST(S)OR RECOMMENIDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S). Approve the Reclamation District No. 2117's Conflict of Interest Code to substitute the attached as said code, as shown on the attached memorandum from the District. BACKGROUND/REASON(S) FOR RECOMMENDATION(S)• The Reclamation District No. 2117 has replaced its code with 2 CCR § 18730 (FPPC Model Code) and submitted the code to the Board for approval pursuant to Government Cade section 87306 and 87306.5. CONTINUED ON ATTACHMENT: XXX YES SIGNATURE ;-7� RECOMMENDATION OF COUNTY ADMINISTRATOR®RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON MARCH 16, 1999 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS'A UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN�`� AYES: NOES. ACTION TAKEN AND ENTERED ABSENT: ABSTAIN: ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. ATTESTED: BCH 16, 1999 PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS Contact: County Counsel AND COUNTY ADMINISTRATOR cc: Clerk, Board of Supervisors Reclamation District 2117 DEPUTY H:\FBENT\mam\BD0RDC01 1998 LOCAL AGENCY BIENNIAL NOTICE Contact Person: Dante John Nomellini Telephone Number: (20-9 ) 46.E-5883 Name of Agency: Reclamation District No. 2,117 Mailing Address: P. 0• Box 1461, Stockton, CA 9520, This agency has reviewed its conflict of interest code and has determined that: The code needs to be amended and the following amendments are necessary: (Check all that apply) 0 Include new positions (including consultants)which must be designated 0 Revise the titles of existing positions 0 Delete titles of positions that have been abolished 0 Delete positions that manage public investments lb devise disclosure categories 0 tither Bring Code provisions and definitions up to date No amendments are necessary, The agency's code accurately designates all positions which make or participate in the making of governmental decisions;the disclosure categories assigned to those positions accurately requires the disclosure of all investments,business positions,interests in real property and sources of income which may foreseeabty be affected materially by the decisions made by those designated positions;and the code includes all other provisions required by Government Code Section 87302, Signature of Chief Executive Officer. gate: You roust complete this report regardless of how recently your code was approved or amended. Please return this report no later than October 1# 1998 to: CLERK OF THE BOARD OF SUPERVISORS 651 PINE STREET, ROOM 106 MARTINEZ, CA 94553 C,QMICTOF IMRESfi CODE--F�}R RECLAMATION DISTRICT N-. - 2-117 The Political Reform Act, Government Code Section 81000, -t, g , recraires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adapted a regulation, 2 Cal. Code of Regs . 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 Pubic notice and hearings to conform to amendments in the Political. Reform Act . 'Therefore, the terms of 2 Cal . Cade of Regs. Section 1.8730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and, along with the attached appendix (Appendix "All) in which members and employees are designated and disclosure categories are set forth, constitute the conflict of interest code of RECLAMTI02X DISTRICT NO. 21.1.7 . Designated employees shall file statements of economic .interests with MC—LAM—TIS L)ISTRICT M. 211.7 who shall make and retain a copy of the statements and make the statements available for public inspection and reproduction. (Gov. Code Section 81008) . R1CL_ i�Tlt?N 37ITRICT1+IC . 2117 shall forward the original of these statements to the Contra Costa County Board of Supervisors. Page 1 of 3 6 � A�PEI�DIX #A" T3ES C 7AfiE 3 LMPLC�Y S f PC?S2TIt NS. ASSIGNZU DISCLOSURE CATEGORIES Trustees of the District 1 Secretary Engineer Attorney Consultants *** ttr,Rik Limitation with and D "Co � s" "Consultants" shall be included in the list of Designated Employees/Positions and shall disclose pursuant to the broadest disclosure category in the Code subject to the following limitation. The President of the Beard of Trustees may determine in writing that a particular consultant, although a "designated employee/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 President'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. t/f Page 2 of 3 DISCLOSURE CATS-GORILS Category 1e Designated employees assigned to Disclosure Category I shall disclose the following information in their statements of economic interests: (1) Interests in real property located within the geographical boundaries of RZCLAX TION I3I TRICT NO. 17, including real property located within two miles outside of the geographical boundaries of RECLAX&TION DIESTRICfi N't?. 21.17 and real property located within a two mile radius of any property owned or used by 2LCLAMATjQN Dj$TR1CT XQ, 2117; and (2) All investments in business entities, business positions in business entities, and income from sources, which provide facilities, services, supplies, or equipment of the type utilized by "CLA T.ro1+7 I12S' R2CT 21, including but not 1 imi wed to Pipe, valves, fittings, etc. ; Pumps, motors, meters etc. ; Construction and building materials; Safety equipment and facilities; Hardware tools and supplies; Motor vehicles, heavy equipment, special vehicles and parts and services thereto; Freight and hauling; Petroleum products; Water quality testing; Cuter treatment equipment, supplies and services; Well drilling; Custom farming services such as weed abatement etc. ; Chemicals, insecticides, weed killers; Communications equipment and services; Office equipment and supplies; Photographic services, supplies and equipment; Electrical. equipment; Computer hardware and software; Telemetering equipment; Printing, reproduction, recordkeeping, etc. ; Newspapers and other publications; Real estate agents/brokers and investment firms; Title companies; Public utilities; Banks and savings and loan institutions; Insurance companies; Employment agencies; Construction contractors; and Consulting services, such as legal, accounting, engineering, architectural, power, data processing, computers, .labor relations, public relations, planning, financial., economics, environmental, and appraisal . Page 3 of 3 . 0 COUNTY COUNSELS OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: February 18, 1999 To: Clerk, Board of Supervisors From: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel Re: Conflict of Interest Code of the Assessment Appeals Board Attached hereto is a revised Conflict of Interest Code for the above-named entity. The Code is approved as to form. Please place this matter on the Board of Supervisors' agenda as requested by the Assessment Appeals Board. A draft board order is attached. MAM:fJb cc: Clerk, Assessment Appeals Board Attachments h:\fbent\mam\C01-menqo TO: Board of Supervisors CONTRA FROM: Victor J. Westman, County Counsel a COSTA By: Mary Ann McNett Mason, Deputy County Counsel COUNTY r'` t'Oi7P1'C� DATE: February 18, 1998 SUBJECT: Conflict of Interest Code of the Assessment Appeals Board SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND 3USTIFICATION RECOMMENDATIO.& Approve the Assessment Appeals Board's Conflict of Interest Code as shown on the attached memorandum from the Board. BACKGROUNDMASO TN-(S) FFR RECOMMENDATION(S): The Assessment Appeals Board has replaced its code with 2 CCR § 18730 (FPPC Model Code) and submitted the code to the Board for approval pursuant to Government Code section 87306 and 87346.5. CONTINUED ON ATTACHMENT: XXX YES SIGNATURE: � a RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON MARCH 16, 1999 APPROVED AS RECOM MENDED OTHER VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT , ) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ABSENT: ABSTAIN: ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. ATTESTED: Mk CH 16, 1999 PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS Contact: County Counsel AND COUNTY ADMINISTRATOR cc: Clem, Board of Supervisors Clerk,Assessment Appeals Board r BY (, 'r _r ,DEPUTY H:\FBENT\-aam\BD0RDC01 1998 LOCAL AGENCY BIENNIAL NOTICE Contact Person: — Telephone Number ( '"4 3t J Name of Agency: sz"..�4 Mailing Address: � This agency has reviewed its conflict of interest code and has determined that: ... j The code needs to be amended and the following amendments are necessary: ECE e''� ``• (Glick s1J tt�af sPPPh') SEP 269 1998 0 Include new positions(including consultants)which must be designated CLE K$OA8Df NT'FiA CF STS�At3�'S 0 Revise the titles of existing positions 0 Delete titles of positions that have been abolished 0 Delete positions that manage public investments Revise disclosure categories ii JJ Other No amendments are necessary. The agency's code accurately designates all positions which make or participate in the making of governmental decisions;the disclosure categories assigned to those positions accurately requires the disclosure of all investments,business positions,interests in real property and sources of income which may foreseeably be affected materially by the decisions made by those designated positions;and the code includes all other provisions required by Government Code Section 87302. Signature of Chief Executive Officer & ,— gate: 9P Ad fl- 7 You must complete this report regardless of how recently your cede was approved or amended. Please return this report no later than October 1, 1998 to: CLERK OF THE BOARD OF SUPERVISORS 651 PINE STREET, ROOM 106 MARTINEZ, CA 94553 CONFLICT OF INI TEREST CODE OF THE ASSESSMENT APPEALS BOARD OF CONTRA COSTA COUNTY The Political Reform Act(Gov. Code § 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 Cal.Code of Regs. § 18730)which contains the terms of a standard conflict of interest code. After public notice and hearing it may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendix designating officials and employees and establishing disclosure categories, shall constitute the conflict of interest code of the Assessment Appeals Board of Contra Costa County. Designated employees shall file their statements with the Clerk of the Assessment Appeals Board who will make statements available for public inspection and reproduction. (Gov. Code § 81008.) Original statements for all designated employees will be retained by the Clerk of the Board of Supervisors. '_:V1AM/jh x:v xFIJ0AN\C0NFINr.WPD sslfi7�fb 1IARC:LAYS CALIFORNIA CODE OF Rr:GULATIONS Title 2 I l!s wio taincd in Covcrnmcnt Code section 971'W,and to other stale or 1ocai 1:ms New section.fled 1-8-86,effective thirtieth day thereafter(Register 86.No. pertaining to con icts of interest . 21. 2.Amendment of suhecctions(a M and(b) fled 7--25-95;operative 7-25-95 (b)The terms of a conflict:;f interest code amended or adopted and pursuant to Gevcrnment Code section 1134.1.4(d)(Register 95,No.30). promulgated pursuant to this regulation arc as follows: to 18728. Reporting of Income and Gifts; Honoraria and T}Section i.s contaions. �lwardts(872tI7}. The definitions contained in the Political Reform Act of 1974.regula- tions o!'the Fair Political practices Commission(2 Cal.Code of Regs. COMMENT:For E=admission.,food,beverages,transportation,lodging,and sub- sections l 8100,et seq.),and an amendments to the Act or re u;ations, sistence provided to an official,or state candidate in connection,with a speech, y g panel,seminar,or similar Service,see California Code of Regulations,Title 2, arc incorporated by reference into this conflict of interest code. Section. 18950.3. (2)Section 2. Designated Employees. No—: Authority cited: Section 83112,Government Code. Reference: Section The persons holding positions listed in the Appendix are designated 87207,Government Code. employees.It has been determined that these persons make or participate HISTORY thin in the makingof decisions which may foreseeabl have a matcrial effect 1.New section aired#0-24-75;effective thirtieth day thereafter(Regisier75,No. y 43). on financial interests. 2.Repealer and new section filed 6-17-76 as an emergency;effective upon filing. (3)Section 3.Disclosure Categories. Certificate of Compliance included(Register 76,No.25). This code does not establish any disclosure obligation for those desig- 3.Amendment of subsection(b)filed 1-26-83;effective thirtieth day thereafter nated employees who are also specified in Government Code section (Register 83,No.5). 4.Repealer and new COMMENT filed 1-27-93;operative 2-26-53(Register 93, 57200 if they are designated in this code in that same Capacity or if the No.5). geographical jurisdiction of this agency is the same as or is wholly in- §18728. Leasehold Interests—Value,Disclosure. eluded within,the jurisdiction in which those persons must report their fl- (a)When an official is required to disclose a leasehold interest as de- nancial interests pursuant to article 2 of chapter 7 of the Political Reform fined in Government Code Section 52033,the official shall: Act,Government Code sections 87200,et seq. (1)Identify the interest as a leasehold interest. In addition,this code does not establish any disclosure obligation for (2)Disclose the number of years retraining on the lease, any designated employees who are designated in a conflict of interest (3)Provide the address or other precise location of the leased property. code for another agency,if all of the following apply. (4)Provide the date upon which the lease became effective or terms- (A)The geographical jurisdiction of this agency is the same as or is nated if either such date occurred during the period covered by the state- wholly included within jurisdiction of the other agency; the meat. (B)The disclosure assigned in the code of the other agency is the saute (5)Disclose the value of the leasehold interest in the manner required as that required under Article 2 of Chapter 7 of the Political Reform Act, by Government Code Section 87206(4). Government Code section 87200;and (C)The filing officer is the same for both agencies.' i i (b) e value of a leasehold interest is the amount of rent awed during a I2-month period.For purposes of disclosure on a Statement of Eco- Such persons are covered by this Code for disqualification pu�oses o noetic Interests, the value of a leasehold interest is the amount of rent only.With respect to all other designated employees,the disclosure tate owed during a 12-month period.The 12-month period shalt be computed gories set forth in the Appendix specify which kinds of financial interests as follows: are reportable. Such a designated employee shall disclose in his or her (t)In the case of an annualor leaving office statement,the f est day statement of economic interests those financial interests he or she has of the 12-month period is the first day of the reporting period or the first which are of the kind described in the disclosure Categories to which he day of the lease,which occurs later. or she is assigned in the Appendix.It has been determined that the finan- (2)In the case of an assuming office or candidate's statement,the first cial interests set forth in a designated employee's disclosure categories day of the 12-month period is the date the statement is due. are the kinds of financial interests which he or she foreseeably can affect (c) If the value of an official's leasehold interest is less than$1,000 materially through the conduct of his or her office. when the rent owed is computed under subsection(b), but the official (4)Section 4.Statements of Economic Interests:Place of Filing. knows that the actual fair market value of the leasehold during the The code reviewing body shall instrict all designated employees with- 12-month period exceeds$1,000,the value of the leasehold is the actual in its code to file statements of economic interests with the agency or with fair market value,rather than the rent owed,during the 12-month period. the code reviewing body,as provided by the code reviewing body in the Nom: Authority cited:Section 83112,Government Code.Reference:Sections agency's conflict of interest code. 82033 and 87206,Government Code. (5)Section 5.Statements of Economic Interests:Time of Filing. HISTORY (A) Initial Statements. All designated employees employed by the 1.New section fled 1-8-86:effective thirtieth day thereafter(Register 86,No. agency on the effective date of this code,as originally adopted,promul- 2).For history of former section see Registers 85,No.25 and 76,No.40. gated and approved by the code reviewing body, shall file statements $ 18730. provisions of Conflict of Interest Godes, within 30 days after the effective date of this code.Thereafter,each per- (a) Incorporation by reference of the terms of this regulation along son already in a position when it is designated by an amendment to this with the designation of employees and the formulation of disclosure cate- code shall file an initial statement within 30 days after the effective date gories in the Appendix referred to below constitute the adoption and pro- of the amendment. mulgation of a conflict of interest code within the meaning of Govern- (B) Assuming Office Statements. All persons assuming designated mcnt Code section 87300 or the amendment of a conflict of interest code positions after the effective date of this code shall rile Statements within within the mcaninc of Government Code section 57307 if the terms of 30daysafwrassumingthedesignatedpositions.orifsubjecttoState Sen- this regulation arc substituted for terms of a conflict of interest code al- ate confirmation,30 days after being nominated or appointed. ready in effect.A code so amended or adopted and promulgated requires (C)Annual Statements.All designated employees shall file statements the reporting of reportable items in a manner substantially equivalent to no later than April 1. the requircnnents of article 2 of chapter 7 ol'the Politica: Reform Act, (I))Leaving Office Statements.All persons who leave designated po- Goverrtmcnt Code sections 81000,cit seq.The requirements of a conflict sitions shall file statements within 30 days after leaving office. rf interest code are in addition to other requirements of the Political Rc- (5.5)Section 5.5.Siaternents for Persons Who Resign Prior to Assum- form Act,such as the general prohibition against conflicts of interestcon- ing Office. Page 442 �� . I the 2 Fair Political Practices Commission § 18730 Any person; who resigns within 12 months of initial appointment.or was one thousand doHars(S l MO)or less.greater than one thousand dt,i- within 30 days of the date of notice provided by the ding officer to file Tars(S 1.000).or greater than ten thousand dollars(SI O,000): an assuming office statement,is not deemed to have assumed officc or 3.A description of the consideration.ifany,for which the income was left off cc,provided he or she did not make or participate in the making received; of,or use his or her position to influence any decision and did not receive 4. In the ease of a gift,the name,address and business activity of the or become entitled to receive any form of payment as a result of his or her donor and any intermediary through which the gift was made;a descrip- appointment.Such persons shall not file either an assurrting or leaving of- tion of the gift;the amount or value of the gift:and the date on which the fice statement. gift was received; (A)Any person who resigns a position within 30 days of the date of 5.In the case of a loan,the annual interest rate and the security,if any, a notice from the filing officer shall do both of the following: given for the loan,and the term of the loan. (1)File a written resignation with the appointing power;and (C)Business Entity Income Disclosure.When income of a business (2)pile a written statement with the filing officer declaring under pen- entity,including income of a sole proprietorship,is rewired to be re- alty of perjury that during the period between appointment and resigna- ported.6 the statement shall contain: tion he or she did not make,participate in the malting,or use the position 1.The name,address,and a general description of the business activity to influence any decision of the agency or receive,or become entitled to of the business entity, receive,any form of payment by virtue of being appointed to the position. 2.The name of every person from whom the business entity received (6)Section 6.Contents of and Period Covered by Statements of Eco- payments if the filer's pro rata share of gross receipts from such person noetic Interests. was equal to or greater than ten thousand dollars($10,000). (A)Contents of Initial Statements. (D) Business Position Disclosure. When business positions are re- Initial statements shall disclose any reportable investments,interests quired to be reported,a designated employee shall list the name and ad- in real property and business positions held on the effective date of the dress of each business entity in which he or she is a director,officer,part- code and income received during the 12 months priorto theeffective date ner, trustee, employee, or in which he or she holds any position of of the code. management,a description of the business activity in which the business (13)Contents of Assuming Office Statements. entity is engaged,and the designated employee's position with the busi- Assuming office statements shall disclose any reportable investments, ness entity. interests in real property and business positions held on the date of mum- (E)Acquisition or Disposal During Reporting Period.In the case of an ing office or,if subject to State Senate confitntation or appointment,on annual or leaving office statement,if an investment or an interest in real the date of nomination,and income received during the 12 months prior property was partially or wholly acquired ordisposed of during the period to the date of assuming office or the date of being appointed or nominated, covered by the statement,the statement shall contain the date of acquisi- respectively. tion or disposal. (C)Contents of Annual Statements.Annual statements shall disclose (8)Section 8.Prohibition on Receipt of Honoraria. .any reportable investments,interests in real property,income and busi- (A)No member of a state board or commission,and no designated em- ness positions held or received daring the previous calendar year pro- ployee of a state or local government agency,shall accept any honorar:- vided, however,that the period covered by an employee's first annual um from any source,if the member or employee would be required to re- statement shall begin on the effective date of the code or the date of as- port the receipt of income or gifts from that source on his or her statement surging office whichever is later. of economic interests.This section shall not apply to any part—time mem- (D)Contents of heaving Office Statements. ber of the governing board of any public institution of higher education, Leaving office statements shall disclose reportable investments,inter- unless the member is also an elected official. ests in real property,income and business positions held or received dur- Subdivisions(a),(b),and(c)of Government Code Section$9501 shall ing the period between the closing date of the last statement filed and the apply to the prohibitions in this section. date of leaving office. This section shall not limit or prohibit payments,advances,or reirn- (E)Section 7.Manner of Reporting. bursements for travel and related lodging and subsistence authorized by Statements of economic interests shall be made on forms prescribed Government Code Section 89506. by the Fair Political Practices Commission and supplied by the agency, (8.1)Section 8.1.Prohibition on Receim of Gifts in Excess of$290. and shall contain the following information: (A)No member of a state board or commission,and no designated em- (A)Investment and Real Property Disclosure. ployeeofastateorlocalgovernrnentagency,shallacceptgif swithatotal When an investment or an interest in real property' is required to be value of more than$290 in a calendar year from any single source,if the repor ted,$the statement shall contain the following: member or employee would be required to report the receipt of income 1.A statement of the nature of the investment or interest, or gifts from that source on his or her statement of economic interests. 2.The name of the business entity in which each investment is held, This section shall not apply to any pat—time member of the governing and a general description of the business activity in which the business board of any public institution of higher education,unless the member is entity is engaged; also an elected official. 3.The address or other precise location of the real property; Subdivisions(e),(f),and(g)of Government Code Section 89503 shall 4.A statement whether the fair market value ofthe investment or inter- apply to the prohibitions in this section. est in real property exceeds one thousand dollars($1,000),exceeds ten (8.2)Section 8.2.Loans to Public Officials. thousand dollars ($10,000), or exceeds one hundred thousand dollars (A)No elected off icerof a stateorlocal government agency shall,from ($100,000). the date of his or her election•to office through the date that he or she va- (8)Personal Income Disclosure.When persona':income is required to cates office,receive a personal loan from any officer,employee,mcm- he repos ted,4 the statement shall contain: her.or consultant of the state or local government agency in which the 1.The name and address of each source of income aggregating two elected officer holds office orover which the elected officer's agency has hundred fifty dollars ($250)or marc in value,or fifty dollars($50)or direction and control. more in value ifthe income was a gift.and a general description of the (13)Nopublic official wboiscxcm. pt from thcstatccivil service systcm business activity,if any,of cacti source, pursuant to subdivisions(c),(d),(c).(f),and(g)of Scction 4 of Anicic 2. A statement whether the aggregate value of income from each VII of the Constitution shall,while he or she holds officc,receive a per- sattrc ,or in;I c case of a It:an,the highest amount owed to cath source, sonal loan from tiny officer.employee.memher,or consultant of the state Page 443 §-187'10 BARCLAYS CALIFORNIA CODE OF REGULATION'S Title 2 or lora:government agency in which the public official holds office or l,if the Soar has a defined date ordatcs for rcpaysncnt,when the statute over which the public official's agency has direction and control.This of limitations for(ling an action for default has expired. subdivision shall not apply to loans made to apublic official whosedutics 2.Ifthe loan has nodefined date ordatcs forrepaymcnt,when one year are solely secretarial.clerical,or manual. has elapsed from the later of the following: (C)Ivo elected officcrof a state orlocal government agency shall,from a.The date the loan was made. the date of his or her election to office through the date that he or she va- b.The date the last payment of one hundred dollars($100)or more was cafes office,receive a personal loan from any person who has a contract made on the loan. with the state or local government agency to which that elected officer, c.The date upon which the debtor has made payments on the loan ag- has been elected orover which that elected officer's agency has direction gregating to less than two hundred fifty dollars($250)during the pre- and control.This subdivision shall not apply to loans made by banks or vious 12 months. other financial institutions or to any indebtedness created as part of a re- (B)This section shall not apply to the following types of loans: tail installment or credit card transaction,if the loan is made or the in- 1.A loan made to the campaign committee of an elected officer or a debtedness created in the lender's regular course of business on terms candidate for elective office. available to members of the public without regard to the elected officer's 2.A loan that would otherwise not be a gift as defined in this tit':e. official status. 3.A loan that would otherwise be a gift as set forth under subdivision (D)No public official who is exempt from the state civil service sys- (A),but on which the creditor has taken reasonable action to collect the tem pursuant to subdivisions(c),(d),(e),(f),and(g)of Section 4 of Ar- balance due. ticle VII of the Constitution shall,while he or she holds office,receive 4.A loan that would otherwise be a gift as set forth under subdivision a personal loan from any person who has a contract with the state or local (A),but on which the creditor,based on reasonable business consider- government agency to which that elected officer has been elected or over ations,has not undertaken collection action.Except in a criminal action, which that elected officer's agency has direction and control.This subdi- a creditor who claims that a loan is not a gift on the basis of this paragraph vision shall not apply to loans made by banks or other financial institu- has the burden ofproving that the decision fornot taking collection action tions or to any indebtedness created as pan of a retail installment or credit was based on reasonable business considerations. card transaction,if the loan is made or the indebtedness created in the 5.A loan made to a debtor who has filed for bankruptcy and the loan lender's regular course of business on terms available to members of the is ultimately discharged in bankruptcy. public without regard to the elected officer's official status.This subdivi- (C)Nothing in this section shall exempt any person from any other ero- sion shall not apply to loans made to a public official whose dudes are visions of Title 9 of the Government Code. solely secretarial,clerical,or manual. (9)Section 9.Disqualification. (E)This section shall not apply to the following: No designated employee shall make,participate in making,or in any 1.Loans made to the campaign committee of an elected officer or can- way attempt to use his or her official position to influence the making of didate for elective office. any governmental decision which he or she knows or has reason to know 2.Loans made by a public official's spouse,child,parent,grandparent, will have a reasonably foreseeable material financial effect,distinguish- grandchild, brother, sister, parent—in—law, brother—in—law, sister-in— able from its effect on the public generally,on the official or a member law,nephew,niece,aunt,uncle,or first cousin,or the spouse of any such of his or her immediate family or on: persons,provided that the person making the loan isnot acting as an agent (A)Any business entity in which the designated employee has a direct or intermediary for any person not otherwise exempted under this sec- or indirect investment worth one thousand dollars($1,000)or more: tion. (B)Any real property in which the designated employee has a direct 3. Loans from a person which,in the aggregate,do not exceed two or indirect interest worth one thousand dollars($1,000)or more; hundred fifty dollars($250)at any given time. (C)Any source of income,other than gifts and other than loans by a 4.Loans trade,or offered in writing,before January 1, 1998. commercial lending institution in the regular course of business on terms (8.3)Section 8.3.Loan Terms. available to the public without regard to official status,aggregating two (A)Except as set forth in subdivision(B),no elected officer of a state hundred fifty dollars($250)or more in value provided to,received by or or local government agency shall,from the date of his or her electron to promised to the designated employee within 12 months prior to the time office through the date he or she vacates office,receive a personal loan when the decision is made; of five hundred dollars($500)or more,except when the loan is in writing (D)Any business entity in which the designated employee is a director, and clearly states the terms of the loan,including the parties to the loan officer,partner,trustee,employee,or holds any position of management; agreement,date of the loan,amount of the loan,term of the loan,date or or dates when payments shall be due on the loan and the amount of the pay- (E)Any donor of,or any intermediary or agent for a donor of,a gift ments,and the rate of interest paid on the loan. or gifts aggregating$290 or more provided to,received by,or promised (B)This section shall not apply to the following types of loans: to the designated employee within 12 months prior to the time when the I_Loans made to the campaign committee of the elected officer. decision is made. 2.Loans made to the elected officer by his or her spouse,child,parent, (9.3)Section 9.3.Legally Required Participation. grandparent,grandchild,brother,sister,parent—in—law,brother--in—law, No designated employee shall be prevented from making or partici pat- sister—in---law,nephew,niece,aunt,uncle,or first cousin,or the spouse ing in the making of any decision to the extent his or her participation is of any such person,provided that the person making the loan is not acting legally required for the decision to be made.The fact that the vote of a as an agent or intermediary for any person not otherwise exempted under designated employee who is on a voting body is needed to break a:.--does this section. not make his or her participation legally required for purposes of this sec- t.Loans made,or offered in writing,before January i. 1998. tion. (C)Nothingin thissection shallexemptany person from any other pro- (9.5)Section 9.5.Disqualification of State Officers and Employees. vision of Title 9 of the Government Code. in addition to the general disqualification provisions of section 9,no (8.4)Section 8.4.Personal Loans. state administrative official shall make,participate in making,o.use his (A)Except as set forth in subdivision(B),a personal loan received by or her official position to influence any governmental decision directly any designated employee shall become a gift to the designated employee relating to any contract where the state administrative official knows or for the purposes of this section in the following circumstances: has reason to know that any party to the contract is a person with whom Page 444 Title 2 Fair Political Practices Commission § 18730 ihC state adrninistrativc official,or any rnerrthcr of his:rr her immediate ty of any business cntit},or trust in which the indiN,idual.sponse and dependent family has.within 12 morttts prior to the Brite when the official aciion is childrer•own,in the aggregate,a direct,indirect orhencticial inicrest of 10perccnt or greater. to be Laken: gA designated cmp}oyce's incanu::ncludcs his or her community proper;y in- (A) Engaged in a business transaction or transactions on terms not terest in the income of his or her spouse but docs not include salary or resmburse- available to members of the public,regarding any investment or interest ment for expenses received from a state,iota}or federal government agency. in real property;or bineome of a business entity is reportable if the direct,indirect or beneficial in- (H) Engaged in a business transaction or transactions on terms not terest of the filer and the filer's spouse in the business ent=ity aggregates a 10 per- cent or greater interest.in addition;the disclosure of persons who arc clients or available to members of the public regarding the rendering of goods or customers of a business entity is required only if the clients or customers are with- services totaling in value,one thousand dollars($1,{X30)or more, in one of the disclosure categories of the fi}er. 00)Section 10.Manner of Disqualification. NoTa: Authority cited:Section 83112,Government Code.Reference: Sections When a designated employee determines that he or she should not 871O3(c),87300-87302,89501,89542 and 89503,Government Code. make a governmental decision because he or she has a disqualifying in- H;s:'rra" terest in it,the determination not to act must be accampanied by disclo 1.New section filed 4-�2-80 as an emergency;effective upon filing(Register 80, No. 14).Certificate of Compliance included. sure of the disqualifying interest.In the case of a voting body,this deter- I Editorial correction(Register 80,No.29). nrination and disclosure shall be trade part of the agency's official 3.Amendment of subsection(b)filed 1-9--81;effective thirtieth day thereafter record;in the case of a designated employee who is the head of an agency, (Register 8 i,No.2). this determination and disclosure shall be made in writing to his or her 4.Amendment of subsection(b)(7)(0)1. filed 1-26-83;effective thirtieth day appointing authority:and in the case of other designated employees,this thereafter(Register 83,No.5). determination and disclosure shall be made in writing to the designated 5. Amendment of subsection (b)(7)(A)filed 11-10-83;effective t°rsieth day employee's supervisor. thereafter(Register 83,No.46). (I 1)Section 11.Assistance of the Commission and Counsel. 6.Amendment filed 4-13-87;operative 5--13-87(Register 87,No. 16). Any designated employee who is unsure of his or her duties under this 7.Amendment of subsection(b)filed 10-21-88;operative 11-20-88(Register code may request assistance from the Fair Political Practices Commis- 88,en Oen r sion ursuanttoGovernmentCodesection83114orfromtheattorne attorney 8. Amendment of subsections Live -2 and(Reg.90, and numerous editorial p ~± changes filed 8-28-90;operative 9--77-90(Reg.90,No.42). his or her agency,provided that nothing in this section requires the attor- 9.Amendment of subsections(b)(3),('a)(8)and renumbering of following subsec- ney for the agency to issue any formal or informal opinion. tions and amendment of No E filed 8-7-92;operative 9-7-92(Register 92, (12)Section 12.Violations. No.32). This code has the force and effect of law.Designated employees vio- 101.Amendment of subsection(b)(5.5)and new subsections Cb)(5.511(A)4A)(2) filed 2-4-93;operative 2-4-x93(Register 93,No.6). Loring any provision of this code are sub;ect to the administrative,critrn3- Cali- nal and civil sanctions provided in the Political Refottrt Act,Government, 1 i.Change without regulatory effect adopting Conflict Interest Code for Cali- forniaMental Health Planning Council filed 11-22-93 pursuant to rile i,sec- Code sections 81(X30-91015.In addition,a decision in relation to which tion 100,California Code of Regulations(Register 93,No.48).Approved by a violation of the disqualification provisions of this code or of Govern- Fair Political Practices Comauussion 9-21-93. went Code section 87100 or 87450 has occurred may be sell aside as void 12.Charge without regulatory effect redesigrating Conflict of interest Code for pursuant to Government Code section 91003. California Mental Health Planning Council as chapter 62,section 55100 filed i-4-94 pursuant to title 1,section 100.California Code of Regulations(Regis- ter 94,No.1). ,Designated employees who are required to file statements of economic inter- 13.Editorial correction adding HrsroRv 11 and 12 and deleting duplicate section ests under any other agency's conflict of interest code,or under article 2 for a dif- number(Register 94,No. 17). ferent jurisdiction,may expand their statement of economic interests to cover re- 14.Amendment of subsection{b)(8),designation of subsection(b)(8)(A),new portable interests in both jurisdictions,and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements,provided that subsection (b)(8)(H), and amendment of subsections (b)(8.1)-(6)(8.1)(10, each copy of such expanded statement filed in place of an original is signed and (b)(9)(E)and NOTE filed 3--14-95;operative 3-14-95 pursuant to Government verified by the designated employee as if it were an original.See Government Code section 11343.4(d)(Register 95,No. 11). Code section 81004. 15.Editorial correction inserting inadvertently omitted language in footnote 4 2 See Government Code section:81010 and 2 Cal.Code of Regs.section 18115 (Register 96,No. 13). for the duties of filing officers and persons in agencies who make and retain copies 16.Amendment of subsections(b)(8)(A)-(0)and(b)(8.1)(A),repealer of subsec- of statements and forward the originals to the filing officer. tion(b)(8.1)(0),and amendment of subsection(b)(12)filed 10-23-96;opera- s For the purpose of disclosure only(not disqualification),an interest in rea} tive 10-23-96 pursuant to Government Code section 11343.4(d)(Register 96, property does:rot include the principal residence of the filer. No.43). °Investments and interests in real property which have a fair market value of 17.Amendment of subsections(b)(8.1)and(9)(E)filed 4-9-97;operative 4-9-97 less than S+1,000 are not investments and interests in real property within the pursuant to Government Code section l 1343.4(d)(Register 97,No. 15). meaning of the Political Reform Act.However.investments or interests in real l8.Amendment of subsections{6)(7)(0)5.,new subsections(b)(8.2)-(b)(8.4)(C) property of an individual include those held by the individual's spouse and depen- and amendment of NoTa filed 8-24-98;operative 8-24-98 pursuant to Gov- dent children aswell asapro rata share ofany investment orinterestinreal proper- ernmentCode section 11343.4(d)(R.egister98,No.35). ;The next page is 445.; Page 444.1 EXHIBIT"A„ Designated Po i ioms Disclosure Cate Assessment Appeals Board Member 1 Assessment Hearing Officer/Alternate Assessment Appeals Board Member 1 Deputy County Counsel regularly assigned to advise the Assessment Appeals Board I MA /jh HAJHc OA:^FNA&h-A.wpd e EXHIBIT"B" Disclosure Categories Qeneral Rule. 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. I esig=dF IoY Category"I" must rem (a)All investments, interests in real property, and income, and any business entity in which the employee is a director, officer,partner, trustee, employee, or holds any position of management. These financial interests are reportable only if located within Contra Costa County or if the business entity is doing business or planning to do business in the County(and such plans are known by the designated employee) or has done business within the County at any time during the two years prier to the filing of the statement. (b) 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 has within the last two years contracted or foreseeably may contract with Contra Costa County,or with any public agency within Contra Costa County,to provide services, supplies, materials,machinery or equipment to either party. MAIWjh x:uxEREuoANW. isc-ca,.wp3 COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: February 18, 1999 To: Clerk, Board of Supervisors From: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel Re: Conflict of Interest Code of the Building Inspection Department Attached hereto is a Conflict of Interest Code for the above-named entity. The Code is approved as to form. Please place this matter on the Board of Supervisors'agenda as requested by the Department. A draft board order is attached. MAiM:fjb cc: Anil Coelo, Building Inspection Department Attachments h:\fbent\mam\COI-memo TO: Board of Supervisors , t CONTRA FROM: Victor J. Westman, County Counsel titeinpe COSTA By: Mary Ann McNett Mason, Deputy County Counsel COUNTY DATE: February 18, 1998 SUBJECT: Conflict of Interest Code of the Building Inspection Department SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND ANIS JUSTIFICATION RECO A1MENDATIONf ): Approve the Building Inspection Department's Conflict of Interest Code as shown on the attached memorandum from the Department. BACKGROUND/REASON(S) FOR REC+CIIYI,MENDATION(S): The Building Inspection Department has adopted 2 CCR § 18730 (FPPC Model Code) and submitted the code to the Board for approval pursuant to Government Code section 87306 and 87306.5. CONTINUED ON ATTACHMENT: XXX YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON MARCH 16, 1999 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A ` UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ABSENT: ABSTAIN: ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. ATTESTED: Y'ARCH 16, 1999 PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS Contact: County Counsel AND COUNTY ADMINISTRATOR cc: Clerk, Board of Supervisors ; Anil Comelo Building Inspection Dept. r BY' }t . , �` ,DEPUTY � r H:\FBENT\rr�am\BD0RDC01 Adopted by --- eat Had On Incorporation Page BUILDING INSPECTION DEPARTMENT 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 Cal. Code of Regs. 18730) which contains the terms of a standard conflict of interest code. After public notice and hearing it may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. 'Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendix designating officials and employees and establishing disclosure categories, shall constitute the conflict of interest code of the Building Inspection Department. Designated employees shall file their statements with the office of the Administrative Services Officer of the Building Inspection Department who will make the statements available for public inspection and reproduction. (Gov. Code Section 81008.) Statements for all designated employees will be retained by the Administrative Services Officer of the Building Inspection Department, except that in the case of the Department Head, the Administrative Services Officer shall make and retain a copy and forward the original to the Clerk of the Board of Supervisors. Amend 2 Cal. Code of Regulations Section 18730 as follows: 18730. Provisions of Conflict of Interest Cedes. (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 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: (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 1.81.00, et seq.), 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 7/3/98 1 18730 must report their financial interests pursuant to Article 2 of Chapter 7 of the Political Reform Act, Government Code Sections 87240, et seq. 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 is 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 (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 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 Piling. The code reviewing body shall instruct 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 ' 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. 7/3/98 2 18730 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 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 initial statement within 30 days after the effective date of the amendment. (Ii) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April 1. (ID) Leaving Office Statements. All persons who leave 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 within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office 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 receive any form of payment 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 following; (1) File a written resignation with the appointing power, and (2) File a written-statement-with the filing officer declaring under penalty of perjury that 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. 713/98 3 18730 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 entitled to receive, any form of payment by virtue of being appointed to the position. (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 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. (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 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. (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 7/3/98 4 18730 property' is required to be reported,'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; 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 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($10,000); 3. A description of the consideration, if any, for which the income was received; 4. In the case of a gift,the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of 3 For the purpose of disclosure only(not disqualification),an interest in real property does not include the principal residence of the filer. 4 Investments and interests in real property which have a fair market value of less than$ 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. ' 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. 7/3/98 5 18730 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, given for the loan and t e term of 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, 7. 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 am 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 Deporting 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. Prohibition on Receipt of Honoraria. (A) No member of a state board or commission, and no designated employee of a state or local government 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 ' 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. 713198 6 18730 governing board of any public institution of higher education, unless the member is also an elected official. Subdivisions (a), (b), and(c)of Government Code Section 89501 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, (8.1) Section 8.1 Prohibition on Receipt of Gifts in Excess of$290. (A) No member of a state board or commission., and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $290 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-tine member of the governing board of any public institution of higher education, unless the member is also an elected official. Subdivisions(e),(f), and(g) of government Code Section 89503 shall apply to the prohibitions in this section. (8.2) Section 8.2. Loans to Public Ufficials, /A ! T - &jggjQd__offic_er!2f a stale-or lo�,W Gov=ent agency shall,from-thr,_date of his .le t QM= =loyee. membar. or consultant of the qate-or local Gov==nt agemy in--which the 9 control, hjQ public official 3ybQ is t W. and(9) Qf Section 4-of Axticle,_U of the Conatitu-tion shalLN-hik the public officiaTs.-agg=has dj=ction and omtrol. This V, aimah&moj ap&to loans No elected officer,of a state or local Gov=01_a=y shall.from hdate of his 7/3/98 7 18730 Qr ha gh:ctign IQ office throu&thr,date that he or va=ea-.Qffig&.Le-reiye V W . r over ' _ h QQntral.-This suhdivision shall=apply-w logm.made-by-banks-Djj2ther fin=ial iugiWlim-or IQ my jndebtgdms-=ate-d-a&,Qart of a r-clailim-taUment or-=dit card transaction. if the loan is made or the d t members of the pUblie-without rewd to the elected of&caf s offici 1-status, Q) Na-public official who is ax=t from-the-st&civil service syg=mmuant to subdivisions (c). Q. (e). (f). and(&I of Sf&jion 4 of Artiglc-U-ofthe. Constitutim-shall,while w' W -Wch thatt apply to loans madg by-banks or other financial ins��ons gr IQ my-indebtedness created-u=of a r.Qlail instalhnent or credit card transactign, it 2=Igan is-mad-e Qr the indchtedms created-in the r`a m,"lar courso-o-f business-on-tenns available to membsrs of the nublk w' ci Qffigial who, du iea are solely secretarial,clerical,or manual. (E) This section all not apply to the following: I. Loans-made-to to the camp committee of anel ct d officer or-candidate for elective office. Z h , w. e apouse of g=ar intermediary for my person not othmrik!�exg=ted under thi section, I Loam from a erson which in the mue ate do not eked two h and d & dollars(5250 aty., `v e, n time, 4. Loans nig, ar offe_red inmg.,befarejauuary1, 1998, 7!3138 8 18730 (8.3) ectio 8. . Loau arms. t v 1 ction c 'v agreement, date of the loan. am—ount of thel . term of thelgwL date or dates when 12a=ents shall b-c u , T-bis section shall not oply,lo the following Wes of loans: 1. Loans made to the cnitteg of the elected officer. 2. Lgans made to-IU-dtctgd QM=by-his or her Woe,child-parent. grandparent . ,q.not acting, as an aaml-or intgn=di=-fQrmyj2erson not othemise ex=led under this seclion. I Loans_made. or offered in writing,-before January-1, 1998. Not ing i_13 thi5 section shall ex=pA any 12.Qr=from my o h r 1royision_of Title 9 of-the Government Code. ( Section 8.4, Personal Loans. W E.xcot_as. forts in subdivision( tea personal loan r ceived by-, auydci d follgmin,g circumstances: 1. If theloan,has_a defi e dat or r dates.f'or=aymml.when the statute of limitations f+ filinction for default has ex i red. I l lm loaa has no defined dale or dates for_r , when oni.,v r h sed fmm he later of the_following A. The date the loan wu made. 7/3/98 9 18730 s 11=two hundred fifty dollars(S25Qj,durjn2 the previous 12 months, This ection shall not=ly to the.following es of loans. L A loan made to the f an electcd officer or a-candidatf,kr dg.-Qdye office. I A 1anthat would otherwise not be a gift as defined in this title, I A loan that would othgay t-,be&.—gift as set forth under subdivision W.hut ow e mdi=hu-I&=rmonablg action to collect the balauce due. 4. A loan-that-would otherwise be a gift as set forth under subdivision(AL-but 0 w n apdim. Ex-.=in a gbminal actim a creditor who claims that a loan-is-nota gift-m-the bmis-o i w hmed on reasonable b lsittess consider ions. 5— A loan made to a debtor who has filed fbr bu�=tctcy and the loam ultimately disr,harrets in-bank=cy. CQ Noihinginthis-sc-ctioiLshaU-ex=ptmypgraonfmm-myo�=Zgyisionasf-Titk 9-oftheCove ment Code. (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 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 one (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 7/3/98 10 18730 official status, aggregating two hundred fifty dollars ($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; (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 $290 or more 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 snaking 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. (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 snaking, 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. (14) 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 7/3/98 11 18730 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 employee who is the heard 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 lave. 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 81400 - 91015. 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 87103(e), 87300-87302, 89501, 89502, 89503, Gov. Code 713198 12 18730 ;&o3.wxt EXHIBIT A CONFLICT OF INTEREST r DESIGNATED POSITIONS Building Inspection.: Disclosure Category. Accountant I, IT,III All Administrative Services Assistant II,III All Administrative Services Officer All Building Inspector I,II All Building Plan Checker I, II All Chief,Property Conservation All Clerical Supervisor All Director of Building Inspection All Grading Inspector I,II All Neighborhood Preservation Program Specialist All Senior Building Inspector All Senior Building Plan Checker All Senior Grading Inspector All Senior Structural Engineer All Supervisor, Inspection Services All Supervising Structural Engineer All * Consultants All • The Department Head may determine that a particular consultant is hired to perform a range of dunes that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this code. The Department Head may make a determination on a case by case basis what disclosure,if any,is required for any particular consultant. AC.Y& „MznECt.wpc EXHIBIT"B" Disclosure Category General Rule 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. (a)All investments,interests in real property, income, and any business entity in which the person is a director,officer,partner,trustee,employee, or holds any position of management. Financial interests are reportable only if located within Contra Costa County, or if the business entity is doing business or planning to do business in the County(and such plans are known by the designated employee) or has done business within the County at any time during the two years prior to the filing of the Statement. (b)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 has within the last two years contracted, or foreseeably may contract,with Contra Costa County or the Building Inspection Department or any associated special district to provide services, supplies, materials, machinery, or equipment to the County or the Building Inspection Department or any of the associated special districts. AC:sz nniAbicLeod (same) COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Dace: February 23, 1999 To: Clerk, Board of Supervisors From: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel Re: Conflict of Interest Code of the Orinda Union School District Attached hereto is an amendment to the Conflict of Interest Code for the above-named entity. The amendment is approved as to form. Please place this matter on the Board of Supervisors` agenda as requested by the entity. A draft board order is attached. MAM:fjb cc: Diane Rydelius, Orinda Union School District Attachments h:\fbent\mam\Coi-memo TO: Board of Supervisors f CONTRA FROM: Victor J. Westman, County Counsel COSTA By: Mary Ann McNett Mason, Deputy County Counsel ,..',,, .. COUNTY nb•: •c BATE: February 24, 1999 SUBJECT: Amendment to Conflict of Interest Code of the Orinda Union School District SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION Approve Amendment to Exhibit A to the Orinda Union School District's Conflict of Interest Code to substitute the attached as Exhibit A to said code, as shown on the attached memorandum from the District. BACKGROUND/REASON(S) FOR RECOMMENDATIQN(S): The Orinda Union School District has amended Exhibit A to its conflict of interest code and submitted the amendment to the Board for approval pursuant to Government Code section 87306 and 87306.5. CONTINUED ON ATTACHMENT: XXX YES SIGNATURE: rf , RECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON LARCH 16, 1999 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A � UNANIMOUS (ABSENT} TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ABSENT: ABSTAIN: ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. ATTESTED: DCII 16 1999 PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS Contact: County Counsel AND COUNTY A MINISTRATOR cc: Clerk, Board of Supervisors Diane Ilydelius, Orinda Union School District By H:TB ENT\mam\BDCOIant E '5 n U_ E 1998 LOCAL AGENCY BIENNIAL NOInCE Fi !OU _ 1998 t CLF-R--.a BOARD 0 sYs 1� t- - Contact Person: Diane Rydeliu.s Telephone Number: (_121 � 254-4901 x101 Name of Agency: Orinda Uni©n School District Mailing Address: 8 Altarinda Rd. , Orinda, CA 94563 This agency has reviewed its conflict of interest cede and hes determined that: The code needs to be amended and the following amendments are necessary: (Craik ail riot apply) Include new positions(including consultants)which must be designated OD Revise the titles of existing positions 0 Delete titles of positions that have been abolished 0 Delete positions that manage public investments 0 Revise disclosure categories 0 Other No amendments are necessary. The agency's code accurately designates all positions which mare or participate in the making of governmental decisions;the disclosure categories assigned to those positions accurately requires the disclosure of all investments,business positions,interests in real property and sources of income which may foreseeably be affected materially by the decisions made by those designated positions;and the code includes all other provisions required by Government Code Section 87302. Signature of Chief executive {officer: pate: 9~ 0 Z You must complete this report regardless of how recently your code was approved or amended. Please return this report no later than October 1, 1998 to: CLERK. OF THE BOARD OF SUPERVISORS 651 PINE STREET, ROOM 106 MARTINEZ, CA 94553 A Orinda Union School District S Altarinda Road Olinda, CA 94563 (925) 254-4901 FAX(925) 253-0719 .11perinttendent Shalee Cunningham,Ph.D. October 27, 1998 RELt s,F Phil Batchelor --. " testees Clerk of the Board of Supervisors ~' Jill Cr°` Now 881 Pine Street, Room 1 G8 David HovAt4 Martinez, CA 94553 Nancy Kaibie >;LE�t}C Bt1ARD or C�N Linda Landau Deaf Mr. Batchelor: 7"R� Sue Severson We have reviewed and revised our O inda Union School District Conflict of Interest Code. It has been approved by our Board of Trustees. We are submitting our revised Code to the Board of Supervisors for approval. Please let me know if there is anything else you require from the district. 1 Respectfully, Diane Rydelius Administrative Assistant Enclosure CiDNTRA COSTA CuNTY RECEIVED IS OCT 2 ( j(yy OFrivE OF A n. CONFLICT OF INTEREST CODE OF THE ORINDA UNION SCHOOL DISTRICT OF CONTRA COSTA COUNTY Purpose Pursuant to the provisions of Government Code sections 87300, et seq., the Orinda Union School District of Contra Costa County hereby adopts the following Conflict of Interest Code. Nothing contained herein is Intended to modify or abridge the provisions of the Political Reform ,Act of 9974 (Government Code section 89000). The provisions of this code are additional to Government Code section 87900 and other laws pertaining to conflicts of interest. Except as otherwise indicated, the definitions of said Act and regulations adapted pursuant thereto are incorporated herein and this code shall be interpreted in a manner consistent therewith. 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. Disclosure Statements Designated positions shall be assigned to one or more of the disclosure categories set forth on Exhibit "S." Each designated employee shall file an annual statement disclosing that employee's interest in investments, business positions, real property, and income, designated as reportable under the category to which the employee's position is assigned. Place and Time of Filina A. All designated employees required to submit a statement of financial interests shall file the original in the superintendent's office where a copy will be made and retained. The original will be forwarded to the County Clerk. S. Classified and certificated employees appointed, promoted or transferred to designated positions shall file initial statements within 30 days after date of such appointment, promotion or transfer. C. 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. D. A designated employee required to file a statement of financial interest with any other agency, which is within the same territorial jurisdiction, may comply with the provisions of this Code by filing a duplicate copy of the statement with the other agency, in lieu of an entirely separate document. Contents of DisclosuEe Statements Disclosure statements shall be made on forms supplied by the superintendent's office, 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 of interest; 2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged; 3. The address or other precise location of the real property, 4. A statement whether the fair market value of the investment, or interest in real property, equals or exceeds one thousand dollars ($1,000) but does not exceed ten thousand dollars ($10,000), and 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 property which is used principally as the residence of the filer. S. 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 2 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. In the case of a business entity which provides legal or brokerage services, the name of every person who paid fees to the business entity if the filers pro rate share of fees from such person was equal to or greater than one thousand dollars ($1,000): . In the case of a business entity not covered by paragraph (2), the name of every person from whom the business entity received payments if the filer's pro rate share of gross receipts from such person was equal to or greater than ten thousand dollars ($10,000) during a calendar year. D. Contents of Management Positions Reports - When management positions are required to be reported, designated employees shall list the name of each business entity not specified above in which they are a director, officer, partner, trustee, employee, or in which they hold any position of management, 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, interests in real property held on the effective date of this code and income received during the 12 months before the effective date of this code. Thereafter, the initial statement filed by an employee already in a position when it is designated by amendment to this code or by an employee appointed, transferred, or promoted to a designated position shall disclose any reportable investments, business positions and interests in real property held on, and 3 income received during the 12 months before the effective date of the amendment, appointment, transfer or promotion. F. Acquisition or Disposal During Deporting Period - in the case of a statement filed under Section A, page two, if the investment, or interest in real property, was partially or wholly acquired or disposed of during the period covered by the statement, the elate of acquisition or disposal. q lea ification Designated employees must disqualify themselves from making or participating in the making of any decisions or using their official position to influence the making of any decision 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 him/herself with respect to any matter which could not be acted upon legally or decided without his/her participation. All other provisions of this Cade 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 89508. 2. No designated employee shall accept any gifts with a total value of more than two hundred ninety dollars ($290) in a calendar year from any single source. Subdivision (d) of Government Code section 89504 shall apply to this section. 4 EXHIBIT"A" Designated positions Disclosure category Governing Board Members 1 and 2 Superintendent 1 and 2 Assistant Superintendent 1 and 2 Business Manager 1 and 2 Directors 1 and 2 Principals "I and 2 Coordinators 1 and 2 Supervisors 1 and 2 District Media Clerk 3 (P) and (Q) Any employee involved with a publisher or 3(P) vendor of books or educational materials on a royalty, consultant basis, or stockholder. Consultant* 3 *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 superintendent 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 superintendent'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. 5 EXHIBIT "B" Di c osure Cate ries 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. Desi nat d ployees In Group I"must repo All investment, 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 Orinda union School 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 years prior to the ding of the statement. Designated Em . s in Group "2" mustfe ort: 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 Orinda Union School District to provide services, supplies, materials, machinery or equipment. Dea nat d m oyees n Croup"3" must reprt: 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 Orinda Union School District to provide services, supplies, materials, machinery, or equipment which are related to the areas as listed on the following page: 6 1996. psychological testing and evaluation 1996. guidance counseling 1996. special education 1996, materials and services for the visually handicapped 1996. materials and services for the orally and editorially handicapped 1996. materials and services for the orthopedically handicapped 1996. materials and services for the physically handicapped 1996. physical education 1996. medicine and health 9996. buildings and grounds equipment and supplies 1996. buildings and grounds maintenance Services 1996. date processing and computers 1996. office management 1996. motor vehicles 1996. food and food service 1996. books and other publications 1996. audiovisual materials and equipment 1996. pedagogical supplies and equipment 1996. foreign language training 1996. musical instruments and music training 1996. employment agencies 1996. vocational training 1998 ,approved by the Board of Trustees 10-26-98 7 jt COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: February 23, 1999 To: Clerk, Board of Supervisors Frorm Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel f Re: Conflict of Interest Code of the General Services Department Attached hereto is an amendment to the Conflict of Interest Code for the above-named entity. The amendment is approved as to form. Please place this matter on the Board of Supervisors' agenda as requested by the entity. A draft board order is attached. MAM:fjb cc: Dorothy C. Gass, General Services Department Attachments h:\tbentVnam\CO€-memo TO: Board of Supervisors CONTRA FROM: Victor J. Westman, County Counsel o „ COSTA By: Mary Ann McNett Mason, Deputy County Counsel COUNTY o�rAia'vK DATE: February 24, 1999 SUBJECT: Amendment to Conflict of Interest Code of the General Services Department SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): Approve Amendment to Exhibit A to the General Services Department's Conflict of Interest Code to substitute the attached as Exhibit A to said code, as shown on the attached memorandum from the Department. BACKGROUND/REASONS) FOR RECOMMENDATION(S); The General Services Department has amended Exhibit A to its conflict of interest code and submitted the amendment to the Board for approval pursuant to Government Code section 87306 and 87306.5. CONTINUED ON ATTACHMENT: XXX YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR—RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURES): ACTION OF BOARD ON MARCH 16, 1399 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS: .j I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT_ TREE AND CORRECT COPY OF AN AYES: ':NOES: ACTION TAKEN AND ENTERED ABSENT: ABSTAIN: ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. ATTESTED: NIARCH 16 1999 PHIL BATCHELOR, CLERK.OF THE BOARD OF SUPERVISORS Contact: County Counsel AND COUNTY ADMINISTRA`T`OR. cc: Clerk, Board of Supervisors r Dorothy C. Gass, General Services Department yt .�� ' H:\FBENT1*naan\BDC0Iant 1998 LOCAL AGENCY BIENNIAL NOTICE Contact Person: 'go Crass Telephone Number: ( Name of Agency: W�AW9 �. ►►.cru - we- Name '� ffp7 Mailing Address: AIA adeietl.e .Ai/� . -►4. /711zpyrz . a ' This agency has reviewed its conflict of interest code and has determined that: The cede needs to be emended and the following amendments are necessary: (Check at!Uwt&ppy) 0 Include new positions(including consultants)which must be designated Revise the titles of existing positions 0 Delete titles of positions that have been abolished Z- ARo �l 0 Delete positions that manage public investments --.....,� 0 Revise disclosure categories '''P'� ;, (� Either [CLEU No amendments are necessary. The agency's code accurately designates all positions which make or participate in the snaking of governmental decisions;the disclosure categories assigned to those positions accurately requires the disclosure of all investments,business positions, interests in real property and sources of income which may foreseeably be affected materially by the decisions made by those designated positions;and the code includes all other provisions required by Government Code Section 87302, Signature of Chief Executive Officer: gate: I),g0C-M,e a r G&VCA%t You must complete this report regardless of how recently your code was approved or amended. Please return this report no later than October 1, 1998 to: CLERK OF THE BOARD OF SUPERVISORS 651 PINE STREET, ROOM 106 MARTINE Z, CA 94553 General Services Department Conflict of Interest Code EfSLS1Li11 Desip-nated Positions !7 Disclosure Categ � Director of General Services 1 & 2 Deputy General Services Director-- Management and Operations 1 & 2 Administrative Services Officer 1 & 2 Network Administrator 1 & 2 Facilities Services Manager 1 & 2 Building Maintenance Manager 1 & 2 Assistant Building Maintenance Manager 1 & 2 Lead Carpenter 1 & 2 Lead Electrician 1 & 2 Lead Painter 1 & 2 Lead Stearnfitter 1 & 2 Fleet Manager 1 & 2 Fleet Equipment Specialist 3F& G Fleet Service Center Supervisor 1 & 2 Lead Materials Technician 1 & 2 Materials Technician 1 & 2 Purchasing Services Manager 1 & 2 Senior Buyer 1 & 2 Buyer I 1 & 2 Buyer 11 1 & 2 Central Services Supervisor 1 & 2 Lease Manager 1 & 2 Assistant Lease Manager 1 & 2 Senior Real Property Agent 1 & 2 Associate Real Property Agent 1 & 2 Assistant Beal Property Agent 3A, B, C, D, K &I Jr. Real Property Agent 3A, B, C, D, K &I Supervising Architectural Engineer 1 & 2 Senior Architectural Engineer 1 & 2 Associate Architectural Engineer 3B, C, D, H, & I Assistant Architectural Engineer 3B, C, D, H, & I Telecommunications Maintenance Manager 1 & 2 Senior Communications Equipment Technician 1 & 2 Lead Electronic Technician 1 &2 Lead Telecommunications Technician 1 &2 Grounds and Special Services Manager 1 &2 Grounds Maintenance Supervisor 1 & 2 Chief Operating Engineer 1 & 2 Lead Stationary Engineer 1 & 2 Facilities Maintenance Coordinator 1 &2 Custodial Manager 1 &2 Custodial Services Supervisor 3B General Services Fiscal Officer 1 & 2 Supervising Accountant 1 &2 .Accountant 111 1 &2 a all COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: February 23, 1999 To: Clerk, Board of Supervisors From: Victor I. Westman, County Counselblxi f: By: Mary Ann McNett Mason,Deputy County Counsel Fie: Conflict of Interest Code of the Contra Costa County Fire Protection District Attached hereto is an amendment to the Conflict of Interest Code for the above-named entity. The amendment is approved as to form. Please place this matter on the Board of Supervisors' agenda as requested by the entity. A draft board order is attached. MAM:*jb cc: Michael George, CCC Fire Protection District Attachments h:\+.bent\mam\C 1-memo TO: Board of Supervisors CONTRA FROM: Victor J. Westman, County Counsel o p„ '� COSTA By: Mary Ann McNett Mason, Deputy County Counsel :, ' COUNTY DATE: February 19, 1999 SUBJECT: Amendment to Conflict of Interest Code of the Contra Costa County Fire Protection District SPECIFIC REQUEST(S)OR R.ECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENHATI N : Approve Amendment to Exhibit A to the Contra Costa County Fire Protection District's Conflict of Interest Code to substitute the attached as Exhibit A to said code, as shown on the attached memorandum from the District. BACKGROUND/REASON(S) FOR RECOMMENDATION( )• The Contra Costa County Fire Protection District has amended Exhibit A to its conflict of interest code and submitted the amendment to the Board for approval pursuant to Government Code section 87306 and 87306.5. CONTINUED ON ATTACHMENT: XXX YES SIGNATURE. y{ RECOMMENDATION OF COUNTY ADMINISTRATOR—RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER. SIGNATURE(S): ACTION OF BOARD ON MARCH 16, 1999 APPROVED AS RECOMMENDED 1. OTHER VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ABSENT: ABSTAIN: ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. ATTESTED: MARCH 16, 1999 PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS Contact: County Counsel AND COUNTY ADMINISTRATOR cc: Clerk, Board of Supervisors 4, s I Michael George, CCC Fire Protection District By # tit,' � f HAFBENT\mam\BDc01t v pj� 1998 LOCAL AGENCY BIENNIAL NOTICE Contact Persons Michael H. George Telephone Number: (-2-25 ) 930-5506 Name of Agency: Contra Costa County Fire Protection District Mailing Address: 2010 Geary Road, Pleasant Hill, CA 94523 This agency has reviewed its conflict of interest code and has determined that: The code needs to be amended and the following amendments are necessary: (Check a Mat appy) (B Include new positions(including consultants)which must be designated Revise the titles of existing positions ..d:. Q Delete titles of positions that have been abolished RECEIVED - 0 Delete positions that manage public investments 0(37 z 0 Revise disclosure categories CO�qr �� ; CON7RA COSTA C, 0 Other ...-�..-_... No amendments are necessary. The agency's code accurately designates all positions which make or participate in the making of governmental decisions;the disclosure categories assigned to those positions accurately requires the disclosure of all investments,business positions, interests in real property and sources of income which may foreseeably be affected materially by the decisions made by those designated positions;and the code includes all other provisions required by Government Code Section 87302. Signature of Chief Executive Officer: Data: 10/01198 You must complete this report regardless of how recently your code was approved or amended. Please return this report no later than October 1, 1998 to: CLERK OF THE BOARD OF SUPERVISORS 651 PINE STREET, ROOM 1.06 MARTINEZ, CA 94553 a � Contra Costa County .Fire Protec on District RE EIVED Fire Chief ; s KEITH RICHTER December 15, 1998 +vrnasupe SM sTa , TO: Ann Cervelli, Chief Clerk of the Board of Supe rvis e�' FROM: Mike George, Chief of Administrative Services SUBJECT: Amended Conflict of Interest Code for the Contra Costa County Fire Protection District Please find enclosed an amended Conflict of Interest Code for the Contra Costa County Fire Protection District. The amended Code reflects the adoption by reference of the terms of Regulation 18780 of the Fair Political Practices Commission along with the designation of employees in Appendix"A" and the formulation of disclosure categories in Appendix"B" as our Conflict of Interest Code. Enclosure U:MH( \C0NFLMEM.8121jr ® 2010+GEARY ROAD - PLEASANT HILL, CALIFORNIA 94523-4$94 - TELEPHONE (925)930-5E500 - FAX 930.5592 4527 DEERFIELD DRIVE - ANTIOCH,CALIFORNIA 94509 - TELEPHONE (925)757-1303 - FAX 754-8852. WEST COUNTY AREA - TELEPHONE (510)374-7070 CONFLICT OF INTEREST CODE OF THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT OF CON'T'RA COSTA COUNTY Preamble Pursuant to the provisions of Government Code Section 87306, the Contra Costa County Fire Protection District of Contra Costa County hereby amends its Conflict of Interest Code by adopting by reference the terms of Regulation 18730 of the Fair Political Practices Commission, along with the designation of employees in Appendix"A" and the formulation of disclosure categories in Appendix `B", as the District's Conflict of Interest Code which follows. This Code 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 provisions of this Cade 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. (1) Section 1. Definitions. The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission(2 Cal. Code ofRegs. Sections 18100, et seq.), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. (2) Section 2. Desi mated 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 Catenaries. 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 1 18730 of this agency is the sarrre 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. 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 is 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 Cade Section 87200; and (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 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 statements of economic interests with the agency or with the code reviewing body,as provided by the code reviewing ' Designated employees who are required to filo 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 bona 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 '18730 body in the agency's conflict of interest code.2 (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 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 initial statement within.30 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 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (0) Annual Statements. All designated employees shall file statements no later than April 1. (I3) Leaving Office Statements. All persons who leave 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 within 12 months of initial appointment,or within 30 days of the date of notice provided by the filing officer to file an assuming office 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 receive any foram of payment.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 following: (1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty ofperjury that 2 See Government Code.Section 81010 and 2 Gal.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 during the period between appointment and resignation he or she did not maize, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents ofInitial 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. (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 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. (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 4 18730 s property' is required to be reported,` 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; 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 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 lows,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 nine, 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; 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. ' 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. 5 `18730 5. 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 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 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. Prohibition on Receipt of Honoraria. (A.) No member of a state board or commission, and no designated employee of a state or local government 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. 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 lfl 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. 6 18730 e ° M Subdivisions(a),(b), and(c)of Government Code Section 89501 shad 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 895015. (8a 1) Section 8.1 Prohibition on Receipt of Gifts in Excess of$290. (A) No member of a state beard or commission, and no designated employee of a state or local government agency,shall accept gifts with a total value of more than$290 in a calendar year from any single source, if the member or employee would be required to report the receipt of ino6me 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. Subdivisions(e), (f), and(g)of Government Code Section 89503 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 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; (13) 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 leans 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($2501)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; (D) Any business entity in which the designated employee is a director, officer,partner, 7 18730 N a 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 6290 or more 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. 7be 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. (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 (13) 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 (S1,000)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 mase of a designated employee who is the Bead 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 8 18730 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 81000-91015. In addition,a decision in relation to which a violation of the disqualification previsions of this code or of Government Cade Section 87100 or 87450 has occurred may be set aside as void pursuant to government Code Section 91003. Note. AUTHOR=: Section 83112, Gov. Code REFERENCE: Sections 87103(e), 87300-87302, 89501, 89502, 89503, Gov. Code tit STV (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 7 (B)1. filed 1-26-83;effective thirtieth day thereafter. (5) Amendment of subsection Tleective 7�A) filed 11-10-83; effective thirtieth day thereafter. (6) Amendment filed 4-13-87; 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. (11) Amendment filed 3-1495; effective upon filing. (12) Amendment filed 10-23-96; effective upon filing. (13) Amendment filed 49-97; effective upon filing. 9 18730 APPENDIX"A" Desi nated Employees Disclosure Cate o Member of Board of Fire Commissioners 1 & 2 Fire Chief, Chief Administrator 1 & 2 Assistant Chief, Support Services 1 & 2 Apparatus Shop manager 3 (P) Chief Fire Inspector, Fire Prevention Services 1 & 2 Supervising Fire Inspector, Code Enforcement 3 (B) (G) (Q) (U) (Y) Supervising Fire Inspector, Investigations 3 (G) Supervising Fire Inspector, Plan Review/Water Supply 3 (B) (G) (U) (Y) Supervising Fire Inspector, Public Education 3 (G) (Q) (T) Supervising Fire Inspector, Weed Abatement 3 (G) (Q) (Z) Field Area Inspectors 3 (B) (G) Plan Review/Water Supply Inspectors 3 (B) (G) (U) (Y) Fire Services Technician 3 (G) (Q) (Z) Fire Plans Examiners 3 (B) (G) (U) (Y) Fire Prevention Specialists 3 (G) (T) (Z) Electrical Program Functional Supervisor 3 (C) Files/Records Functional Supervisor 3 (F) (C) HVAC Program Functional Supervisor 3 (C) Hydrant Program Functional Supervisor 3 (C) (G) (W) (Y) Information Systems Programmer/Analyst IV 3 (C) (L) (Q) (W) Inventory Program Functional Supervisor 3 (Q) (W) Storekeeper (Supply Program Functional Supervisor) 3 (G) (W) Telecommunications manager 3 (E) Telecommunications Specialist 3 (E) Wood Shop Functional Supervisor 3 (C) Assistant Chief, Fire Suppression & Rescue Services 1 & 2 Battalion Chiefs 1 &2 Chief, Fire Emergency Medical Services 1 & 2 Captains 2 Air/Oxygen Functional Supervisor 3 (A) (G) Canvas Shop Functional Supervisor 3 (D) Fire Trails Functional Supervisor 3 (C) (P) (W) Hazardous Materials Functional Supervisor 3 (G) (H) Hose Program Functional Supervisor 3 (J) Ladder Program Functional Supervisor 3 (G) (M) Mapping Program Functional Supervisor 3 (N) Node Program Functional Supervisor 3 (G) (J) Physical Fitness Program Functional Supervisor 3 (S) Reserve Firefighter Program Functional Supervisor 3 (G) (Q) (W) Target Information Program Functional Supervisor 3 (F) (Q) Technical Rescue Functional Supervisor 3 ( ) (1) Fire Training Supervisor 'I & 2 Video Program Functional Supervisor 3 (Q) (R) Chief of.Administrative Services, Budget/Personnel 1 & 2 Personnel Officer 1 & 2 Safety Program Functional Supervisor 3 (G) Office Managers 3 (Q) Members of Advisory Committees Affirmative Action Committee 3 (Q) Safety Committee 3 (G) UMHGoONTLIC .9ft APPENDIX "B" Disclosure Categories General Rule 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 Category "1" must report: All investments, interests in real property and income, and any business entity in which the person is a director, officer, partner, trustee, employee, or holds any position of management. Financial interests are reportable only if located within Contra Costa County Fire Protection 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 years prior to the filing of the statement. Designated r Employees in Category "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 has within the last two years contracted, or foreseeably may contract, with Contra Costa County Fire Protection District to provide services, supplies, materials, machinery, or equipment to such District. Designated Employees in Category „3„ 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 has within the last two years contracted, or foreseeably may contract, with Contra Costa County Fire Protection District to provide services, supplies, materials, machinery or equipment which are related to the following areas: (A) Air/Oxygen Systems Equipment, Services and Supplies (B) Building Construction Materials and Services (C) Building & Grounds Materials, Equipment, Services and Supplies (D) Canvas Services and Supplies (E) Communications Equipment, Services and Supplies (F) Files & Records Services and Supplies (G) Fire Protection Equipment, Services and Supplies (H) Hazardous Materials Equipment, Services and Supplies (1) heavy Rescue Equipment, Services and Supplies (J) Nose Services and Supplies (I) Hydrant Services and Supplies (Ir) Information Systems Equipment, Services and Supplies (M) Ladder Equipment, Services and Supplies (N) Mapping Services and Supplies (0) Medical & Lab Equipment, Services and Supplies (P) Motor Vehicle Equipment, Services and Supplies (Q) Office Equipment, Services and Supplies (R) Photography Equipment, Services and Supplies (S) Physical Fitness Equipment, Services and Supplies (T) Public Education Materials, Services and Supplies (U) Real Property within the District (V) Safety Services and Supplies (W) Station Materials, Equipment, Services and Supplies (X) 'gaining Equipment, Services and Supplies (Y) Water Supply Materials and Services for Fire Protection (Z) Weed Abatement Materials and Services U-MHOTONTUCr.9ft COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Dace: February 23, 1999 To: Clerk, Board of Supervisors From: Victor J. Westman, County Counsel ��� By: Mary Ann McNett Mason, Deputy County Counsel Re: Conflict of Interest Code of the Ironhouse Sanitary District Attached hereto is an amendment to the Conflict of Interest Code for the above-named entity. The amendment is approved as to form. Please place this matter on the Board of Supervisors' agenda as requested by the entity. A draft board order is attached. MAM:fjb cc: Cynthia Bauer, Ironhouse Sanitary District Attachments f::\fbent\mat\C01-memo TO: Board of supervisors CONTRA FROM: Victor J. Westman, County Counsel 6 k" COSTA By: Mary Ann McNett Mason, Deputy County Counsel CUT r,a DATE: February 19, 1993 SUBJECT: Amendment to Conflict of Interest Cade of the Ironhouse Sanitary District SPECIFIC RFQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION R MENDATION W Approve Amendment to Exhibit A to the Ironhouse Sanitary District Conflict of Interest Code to substitute the attached as Exhibit A to said code, as shown on the attached memorandum from the District. A R VD FOR RECOMMIMENDATION(S): The Ironhouse Sanitary District has amended Exhibit A to its conflict of interest code and submitted the amendment to the Board for approval pursuant to Government Cade section 87306 and 87306.5. CONTINUED ON ATTACHMENT: XXX YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR .RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON BCH 16, 1999 APPROVED AS RECOMMENDED / OTHER VOTE OF SUPERVISORS: I HEREBY CERTIFY T HAT THIS IS A UNANIMOUS (ABSENT ) TRITE AND CORRECT COPY OF AN A'C'ES. NOES: ACTION TAKEN AND ENTERED ABSENT: ABS'T'AIN: ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. ATTESTED: TMAaCIf 16, 1999 PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS Contact: County Counsel ANY COUNTY ADMINISTRATOR ce: Clerk, Board of Supervisors By , Cynthia Bauer, Ironhouse Sanitary District f Deputx H:\FBENT\rnarn\BDC01ant E 1998 LOCAL AGENCY BIENNIAL NOTICE � x SP 3 !998 ti OAP 2707F su71 „ . Contact Person: Cynthia Bauer Telephone Number: ( ) 625 -2279 rt y Name of Agency: Ironhouse Sanitary District Mailing Address: P.O. Box 1105, Oakley, _CA 94561_ - - This agency has reviewed its conflict of Interest code and has determined that: The code needs to be amended and the following amendments are necessary: (Chock a1i that apply) • Include new positions(including consultants)which must be designated • Revise the titles of existing positions 0 Delete titles of positions that have been abolished 0 Delete positions that manage public investments 0 Revise disclosure categories Other Change "Cg sultant" verbage No amendments are necessary. The agency's code accurately designates all positions which make or participate in the snaking of govemmentai decisions;the disclosure categories assigned to those positions accurately requires the disclosure of all investments,business positions,interests in real property and sources of income which may foreseeably be affected materially by the decisions made by those designated positions;and the code includes all other provisions required by Government Code Section 87302. Signature of Chief Executive Office , bate: _ 9,(1/98 You mint complete this report regardless o how reeptly your code was approved or amended. Please return this report no later than October #, 1998 to: CLERK{ OF THE BOARD OF SUPERVISORS 651 PINE STREET, ROOM 106 MARTINEZ, CA 94553 RESOLUTION 98-6 A RESOLUTION +l"l,►F THE BOARD OF DIRECTORS APPRO" IN`G AM ENDNIEll7 OF THE CONFLICT" OF INTEREST CODE OF THE LRONHOUSE SANITARY DISTRICT WHEREAS, on April 6, 1993, the Ironhouse Sanitary District, a California Sanitary District (the "District"), adopted a new Conflict of Interest Code (the "Code"); NVIIEREAS, Government Code Section 97306.5 requires that in each even numbered year, local agencies having Conflict of Interest Codes approved by the Contra Costa County Board of Supervisors are required to review their codes for updating; WHEREAS, the District, after reviewing its Code, has determined that it is necessary to amend the definition of "Consultant" as, set forth in Exhibit "A" of the Code. NOW, THEREFORE, BE IT RESOLVED by the Board that, based on the foregoing facts and circumstances, the Board hereby finds and determines as follows: The definition of "Consultant," as set forth in Exhibit "A" of the Code, is hereby repealed and is amended to read as follows: Consultant. "Consultant" means a position established by contract with the District pursuant to which contract information, advice, recommendation or counsel is provided to the District; provided" however, that "consultant" shall not include a position in which the person providing such information, advice, recommendation or counsel: (1) conducts research and arrives at conclusions with respect to his or her rendition of information, advice recommendation or counsel independent of the control and direction of the District or of any District official, other than normal contract monitoring; and (2) possesses no authority with respect to any District decision beyond the rendition of information, advice, recommendation or counsel. A position nominally known as a consultant to the District is not a designated position herein unless such definition is satisfied. Thus, a "financial consultant", an "engineering consultant" and a "bond counsel" in many instances will not be a consultant herein. Determinations hereunder shall be made by the governing body of the District. 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 District Manager 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 Section 300. Page 2 Resolution 98-6 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 District 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. The Secretary of the District is hereby directed to remove the definition of"Consultant" as set forth in Exhibit "A" of the Code and replace it with the definition set forth in Paragraph 1, above. I hereby certify that the foregoing is a full, true and correct copy of a resolution duly passed and adopted by the Sanitary Board of the Ironhouse Sanitary District at a meeting thereof held on the 3rd day of November, 1998. AYES, and in favor thereof, Members: L. Byer, R. Kirkman, D. Meadows, D. Mickelson, W. Trice NOES, Members: none ABSENT, Members: none Secretary (SEAL) APPRCY Preside cnatl res9s.s EXHIBIT HAll Directors District Manager District Engineer General Counsel Consultant* Secretary Treasurer Board Clem Administrative Assistant Superintendent - Operations & Maintenance Supervisor 4 Collection Systems Consultant . "Consultant" means a position established by contract with the District pursuant to which contract information, advice, recommendation or counsel is provided to the District; provided, however, that "consultant" shall not include a position in which the person providing such information, advice, recommendation or counsel : (1) conducts research and arrives at conclusions with respect to his or her rendition of information, advice recommendation or counsel independent of the control and direction of the District or of any District official, other than normal contract monitoring; and (2) possesses no authority with respect to any District decision beyond the rendition of information, advice, recommendation or counsel . A position nominally known as a. consultant to the District is not a designated position herein unless such definition is satisfied. Thus, a "financial consultant" , an "engineering consultant" and a "bond counsel" in many instances will not be a consultant herein. Determinations hereunder shall be made by the governing body of the District . 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: 5 The District Manager may determine in writing that a particular consultant, although a "designated position, " i hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure reau.irements described in Section 300 . Such written determination_ shall include a description of the consultant Is duties and, based upon that description, a statement of the extent of disclosure requirements. The District 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 cede. 6 COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: February 23, 1999 To: Clerk, Berard of Supervisors From: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel Re: Conflict of Interest Code of the Contra.Costa County Fish and Wildlife Committee Attached hereto is an amendment to the Conflict of Interest Code for the above-named entity. The amendment is approved as to form. Please place this matter on the Board of Supervisors' agenda as requested by the entity. A draft board order is attached. MAM:fjb cc: John Kopchik, CCC Fish and Wildlife Committee Attachments h:\fbent\maw_\C0I-memo TO. Board of Supervisors CONTRA FROM: Victor J. Westman, County Counsel s w s ;7 COSTA By: Mary Ann McNett Mason, Deputy County Counsel COUNTY o.d cour r+ DATE: February 19, 1999 SUBJECT: Amendment to Conflict of Interest Code of the Contra Costa County Fish and Wildlife Committee SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION - RECOIYMN'DATIONN: Approve Amendment to Exhibit A to the Contra Costa County Fish and Wildlife Committee Conflict of Interest Code to substitute the attached as Exhibit A to said code, as shown on the attached memorandum from the Committee. BA!LKGROUND/REASON( 1 FOR RECC?MMENDATIONLSI: The Contra Costa County Fish and Wildlife Committee has amended Exhibit A to its conflict of interest code and submitted the amendment to the Board for approval pursuant to Government Code section 87306 and 87306.5. CONTINUED ON ATTACHMENT: XXX YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON ?BCH 1.6, 1999 APPROVED AS RECOMMENDED VI"OTHER VOTE OF SUPERVISORS: F� I HEREBY CERTIFY THAT THIS IS A UNANIMOUS {ABSENT � TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ABSENT: _ABSTAIN: ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. AT'T'ESTED: BCH 16 1999 PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS Contact: County Counsel AND COUNTY ADMINISTRATOR cc: Clerk, Board of Supervisors 5: John Ko chile CCC Fish and Wildlife Committee By l P HAFBENTmmam\BDC01ant "L D e y 1998 LOCAL AGENCY BIENNIAL NOTICE �a`i�'l Contact Person: - r.. Telephone Number: { ) Name of Agency: 44 Mailing Address; This agency has reviewed its conflict of interest code and has determined that: The code needs to be amended and the following amendments are necessary: (Check aft that Wfy) jg Include new positions(Including consultants)which must be designated ���-�0 Revise the titles of existing positions O Delete titles of positions that have been abolished ... O Delete positions that manage public investments `�3 �� g i f Revise disclosure categories � � 3100 z fi O Other � No amendments are necessary. The agency's code accurately designates all positions which make or participate in the making of governmental decisions;the disclosure categories assigned to those positions accurately requires the disclosure of all investments,business positions,interests in real property and sources of income which may foreseeably be affected materially by the decisions made by those designated positions,and the code includes all other provisions required by Government Code Section $7302. { Signature of Chief Executive Officer: Date: You must complete this report regardless`-of how recently your node was approved or amended. Please return this report no later than October 1, 1998 to: CLERK OF THE BOARD OF SUPERVISORS 651 PINE STREET, ROOM 106 MARTINEZ, CA 94553 Contra Costa County Community Developme pant EIVED EIVE D Date: November 30, 1998 , tC . To: Maureen Parkes, Office of the Clerk of the Board 99 From: ohn Kopchik, Community Development Department CLERK SO, Or SUP��,, Re: Conflict of Interest Code Amendment for the Fish an As you requested when we spoke lest week, I have provided below a detailed description of the one change which is necessary to the Conflict of Interest Codefor the Fish and Wildlife Committee. The code for this committee needs to be amended because the Board created an alternate seat for this committee after the Conflict of Interest Code was adopted. Contained in the box below is the Appendix to the previously adopted Conflict of Interest Code for the Fish and Wildlife Committee (the only section of their cede which needs amending). The original wards are shown in plain tent and bold text. The words which need to be added to the code are $ceded. Please feel free to call me at 5-1227 if you have any questions. APPENDIX The Conflict of Interest Code for the Contra Costa County Fish and Wildlife Committee applies to the following designated positions: 1) Appointed Member of the Fish and Wildlife Committee,District I 2) Appointed Member of the Fish and Wildlife Committee,District II 3) Appointed Member of the Fish and Wildlife Committee, District III 4) Appointed Member of the Fish and Wildlife Committee,District IV 5) Appointed Member of the Fish and Wildlife Committee, District V 6) Appointed Member of the Fish and Wildlife Committee, At-Large Seat#1 7) Appointed Member of the Fish and Wildlife Committee,At-Large Seat#2 8) Appointed Member of the Fish and Wildlife Committee, At-Large Seat#3 9) Appointed Member of the Fish and Wildlife Committee,At-Large Seat#4 10) Contra Costa County Employee assigned as primary staff to the Fish and Wildlife Committee IJ The disclosure categories for all of the positions designated above are the following: Investments,business positions, and income from sources located in or doing business in Centra Costa County. Interests in real property located in Contra Costa County. j:1\}kopcljohn-old\f&wconfl.amd COUNTY COUNSELS OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: February 23, 1999 Tc: Clerk, Board of Supervisors From: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel 's .-4 --'411 s Re: Conflict of Interest Code of the Delta Diablo Sanitation District Attached hereto is an amendment to the Conflict of Interest Code for the above-named entity. The amendment is approved as to form. Please place this matter on the Board of Supervisors' agenda as requested by the entity. A draft board order is attached. MAM:fjb cc: Denise Egbert, Delta Diablo Sanitation District Attachments h:\fbent\mam\COI-memo TO: Board of Supervisors ,. O ,TR, FROM: Victor J. Westrnan, County Counsel COSTA By: Mary Ann McNett Mason,Deputy County CounselY•. _ >�°4 CUT DATE: February 19, 1999 SUBJECT: Amendment to Conflict of Interest Code of the Delta Diablo Sanitation District SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&t BACKGROUND AND RiSTIFICATION — - REC MMENDATIONN: Approve Amendment to Exhibit A to the Delta Diablo Sanitation District Conflict of Interest Code to substitute the attached as Exhibit A to said code, as shown on the attached memorandum from the District. BA KROUNDIREASON(S)FOR RECOMMEnATION(Sl• The Delta Diablo Sanitation District has amended Exhibit A to its conflict of interest code and submitted the amendment to the Board for approval pursuant to Gove-nment Code section 87306 and 87306.5. CONTINUED ON ATTACHMENT. XXX YES SIGNATURE. M 9 . , RECOMMENDATION OF COUNTY ADMINISTRATOR—RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON MARCH 16, 1999 APPROVED AS RECOMMENDED P OTHER VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A V UNANIMOUS (ABSENT 7 j0 TRUE AND CORRECT COPY OF AN AYES. NOES. ACTION TAKEN AND ENTERED ABSENT: ABSTAIN: ON THE MINU'T'ES OF THE BOARD OF SUPERVISORS ON THE DA'Z'E SHOWN. ATTESTER: ?BIRCH 16 1999 PML BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS Contact: County Counsel AND OUNTY MINISTRATOR ccs Clerk, Board of Supervisors Denise Egbert. Delta Diablo Sanitation District By Deputy s s I-i:\FBENT\nnarn\BDC01ant RE ev 1998 LOCAL AGENCY BIENNIAL NOTICE Contact Person:Denise Demo Egbert Telephone Number: e925 )778-4040 x208 Name of Agency: Delta Diablo Sanitation District Mailing Address: _2500 Pittsburg-Antioch Highway, Antioch, CA 94509 This agency has reviewed its conflict of interest code and hes determined that: M The code needs to be amended and the following amendments are nec"sary: (Check att that apply) 0 Include new positions(including consultants)which must be designated XX Revise the titles of existing positions ® Delete titles of positions that have been dished • Delete positions that manage public investments • Revise disclosure categories 0 Other No amendments are necessary. The agency's code accurately designates all positions which make or participate in the making of governmental decisions;the disclosure categories assigned to those positions accurately requires the disclosure of all investments,business positions,interests in real property and sources of income which may foreseeably be affected materially by the decisions made by those designated positions;and the code includes all other provisions required by Government Code Section 8'7302. Signature of Chief Executive Officer. " mate: 5b13-q- YOU must complete this report regardless of how recently your code was approved or amended. Please return this report no later than October Is 1998 to: CLERK OF THE BOARD OF SUPERVISORS 651 PINE STREET, ROOM 106 MARTINEZ, CA 94553 o COPY BEFORE THE BOARD OF DIRECTORS OF DELTA DIABLO SANTATION DISTRICT Ree Resolution Amending the District's Conflict ) of Interest Code RESOLUTION NO, _9/98 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, the District's Conflict if Interest Code is required to be in compliance with current law. NOW, THEREFORE, the Board of Directors of Delta Diablo Sanitation District DUES HEREBY RESOLVE AND ORDER as follows: 1. To bring the District's Conflict of Interest Code into compliance with current law, approves the proposed amendments to Resolution 19197, amendment to Exhibit A of the Conflict of Interest Code, as attached hereto; and. 2. Directs staff to transmit this Code forthwith to the Contra Costa County Board of Supervisors for review and approval. PASSED AND ADOPTED on October 28, 1998, by the following vote: AYES: CANCIAMILLLA, GLOVER, ROCRA ABSENT: NONE NOES: NONE 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 October 28, 1998, ATTEST: Federal Glover Secretary to the Board of Directors By: cc: District Counsel District File Attachment: Amended Conflict of Interest Code RESOLUTION NO. 9 /98 CONFLICT OF INTEREST CODE EXHIBIT "A„ DESIGNATED POSITIONS DISCLOSURE CATEGORY Members of the Board of Directors* I & 2 District Counsel I & 2 General Manager/District Engineer I & 2 Assistant to the General Manager I & 2 Technical Services: Technical Services Manager I & 2 +► Senior Engineer I & 2 Planning & Development Engineer I & 2 Associate Engineer I & 2 Industrial Monitoring Inspector I & 2 Construction Supervisor I & 2 Construction Inspector 1 & 2 Administrative Services: Administrative Services Manager I & 2 Finance Supervisor 1 & 2 MIS Coordinator I & 2 Personnel and Information Officer I & 2 Field Services: Field Services Manager 1 & 2 Director, Water Quality Laboratory I & 2 Plant Manager 1 & 2 Operations Supervisor 1 & 2 Maintenance Manager I & 2 Maintenance Supervisor I & 2 Inventory Control .Specialist I & 2 Consultants** *Tire 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 public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. 4 10/28/98 r 110 COUNTY COUNSELS OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: February 18, 1999 To: Clerk, Beard of Supervisors From Victor J. Westman, County Counsel By: Mary Ann 1VlcNett Mason, Deputy County Counsel ' >� Re: Conflict of Interest Code of the Antioch Unified School District Attached hereto is an amendment to the Conflict of Interest Code for the above-named entity. The amendment is approved as to form. Please place this matter on the Board of Supervisors' agenda as requested by the Department. A draft board order is attached. ?SAM:fjb cc: Justine Oyler,Antioch Unified School District Attachments h:\fbent\mam\C01-memo TO: Board of Supervisors CONTRA FROM: Victor J. West an, County Counsel � ���,� COSTA By: Mary Ann McNett Mason, Deputy County Counsel OUNTY rR'i dK DATE: February 18, 1999 SUBJECT: Amendment to Conflict of Interest Code of the Antioch Unified School District SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): Approve Amendment to Exhibit A to the Antioch Unified School District Conflict of Interest Code to substitute the attached as Exhibit A to said code, as shown on the attached memorandum from the District. BACKGROUND/REASON(S) FOR RECON MENDATION(S): The Antioch Unified School District has amended Exhibit A to its conflict of interest code and submitted the amendment to the Board for approval pursuant to Government Code section 87306 and 87306.5. CONTINTUED ON ATTACHMENT: XXX YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON MARCH 16, 1999 APPROVED AS RECOMMENDED �� OTHER VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AWES: NOES: ACTION TAKEN AND ENTERED ABSENT: ABSTAIN: ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. ATTESTED: MARCH 16, 1999 PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS Contact: County Counsel AND COUNTY ADMINISTRATOR f cc: Clem.; Board of Supervisors Justine Oyler,Antioch Unified School District � �} .. a ` . x:\FBENT\mam\BDCDtant D e D u �y 1998 LOCAL AGENCY BIENNIAL NOTICE � SSP 3 n t L E EK,> :ARD OF SUPERVJSOP CC RA C0SCA Contact Person: Justine Oyler Telephone Numbers ..925,.�.}7 2 Name of Agency: Antioch Unified SchoQ D"trict Mailing Address: P.O. Box 768, Antioch, CA 94509 This agency has reviewed Its conflict of interest code and has determined that: E3 The code needs to be amended and the farrowing amendments are nesary: (Ch"k 0 fzt sppty) Include new positions(including consultants)which must be designated 0 Revise the titres of existing positions 0 Delete titres of positions that have been abolished 0 Delete positions that manage public"investments 0 Revise disclosure categories 0 Other No amendments are necessary. The agency's code accurately designates all positions which make or participate in the making of governmental decisions;the disclosure categories assigned to those positions accurately requires the disclosure of all investments,business positions,interests in real property and sources of income which may foresseably be affected materially by the decisions made by those designated positions;and the code includes all other provisions required by Government Code Section 87302. Signature of Chief Executive Officer. You must complete this report regardless of how recently your code was approved or amended. Please return this report no later than October 1, 1998 to: CLERK OF `I``HE BOARD OF SUPERVISORS 651 PINE STREET, ROOM 1016 MARTINEZ, CA 94553 ANTIOCH UNIFIED SCHOOL DISTRICT 51 O"G"Slreei-P.O. Box 768,Antioch, California 94509-0904(5 i 0)706-4100-PAX. (5 i O)757-2937 ALAN J.NEWELL,J.D. JAMES R WELLS,Ed.D.,RSSA SUPF...RINTE.NDENT OF SCIHOO1.S ASSLSTANT SUPERINTENDENT:SUS;NES.S SERVICES DENNIS GOETTSCH JAMES M,PATTON ASSIST ANT Si'PER3N7ENDFN T.PERSONNEL SERVICES ASSISTANT SUPERINTENDENT;RESEARCH&DEVELOPMENT LYNN STRAIGHT,Ph.D. ALICIA SARNA ASSISTANT SUPERINTENDENT:EDUCAT!ONAL SERVICES DIRECTOR:TECHNOLOGY.MEDIA&COMMUNICATIONS ARTANZIA PARKER HOSCH DIRECTOR:PERSONNEL COMMISSION Ifj y }ti C• December 17, 1998 j{]$iFUCC 9 i " I Phil Batchelor, Clerk and County Administrators Board of Supervisors, Centra Costa County Attn: Ann Cervelli, Chief Clerk County Administrative Building 651 Pine Street, Room 106 Martinez, CA 94553-1293 Subject: Conflict of Interest Code Enclosed you will find the revised Conflict of Interest Cone for the Antioch Unified School District. The revisions were limited to Exhibit "A" wherein a previous position was retitled and another position was added. If you have any questions please contact me at (925) 776-2088. Sincerely, J me M. Maxwell Ass ant Superintendent Encl. CONFLICT Or XNTRRXBT CODE Or TRZ ,ANTIOCH CNXYXZD SCROOL 73XSTRXCT Or CONTRA , COSTA COMMY SXCTION 1010. gurpose. Pursuant to the provisions of Government Code Sections 87300, et. seri. , the Antioch Unified School District of Contra Costa County hereby adopts the following Conflict of Interest Code. Nothing contained herein is intended to modify or abridge the provisions of the Political Reform Act of 1974 (Government Code Section 81000) . The provisions of this 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 Cade shall be interpreted in a manner consistent therewith. SZCTXOX 200. Q2siamaj;gd Positions. The position's 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. 6ECT1ON 300. DiSclosure St temente . Designated positions shall be assigned to one or more of the disclosure categories set forth on Exhibit 'AB., Each designated employee shall file an annual statement disclosing that employee's interest in investments, real property, and income, designated as reportable under the category to which the employee's position is assigned on Exhibit BECTtON 400. Plage and me of Filing. a. All designated employees required to submit a statement of financial interests shall, file the original with the Assistant Superintendent, Business Services. b. The Assistant Superintendent, Business Services shall make and retain a copy of the statement of financial interest and forward the original, to the County Clerk. C. A designated employee required to submit a statement of financial interest shall submit an initial statement within 30 days after the effective date of this Code. d. Classified and certificated employees appointed, promoted or transferred to designated positions shall file initial statements within 30 days after date of employment. e. All other employees appointed, promoted or transferrers to designated positions shall file initial statements not leets than 10 days before assuming office or if subject to confirmation, 10 days before being confirmed unless an earlier assumption of office is required by emergency circumstances, in which chase the statement shall not be filed within 30 days thereafter. Conflict of interest Pate 2 f. Annual statements shall be filed during the month of March by all designated employees. Such statements shall cover the period of the preceding calendar year. g. A designated employee required to file a statement of financial interest with any other agency, which is within the same territorial jurisdiction, may comply with the provisions of this node by filing a duplicate copy of the other agency, in lieu of an entirely separate document. SNCTION 500. QQntgatS of Pisal2suXe._StAtements. Disclosure statements shall be made on forms supplied by the Assistant Superintendent, Business Services, 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 ether precise location of the real. property; 4. A statement whether the fair market value of the investment, or interest in real property, exceeds ten thousand dollars ($10,000) , and whether it exceeds one hundred thousand dollars ($1003,000) . This inforxisaation need not be provided with respect to an interest in real property which is used principally as the residence of the filer. b. Contents of Personal Income Reports: When personal income is required to be reported, the statement shall contain: 1. The name and address of each source of income aggregating two hundred and fifty dollars ($250) or more in value, or twenty-five dollars ($25) or more in value if the income was a gift, and a genera:, description of the business activity, if any, of each :source; Conflict of Interest Page 3 2. A statement whether the aggregate value of income from each source was greater than one thousand dollars ($1,000) , and whether it was greater than ten thousand dollars ($10,000) , 3. A description of the consideration, if any, for which the income was received, 4. in the case of a gift, the amount and the date on which the gift was received. 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. in the case of a business entity which provides legal or brokerage services, the name of every person who paid fees to the business entity if the filer's prorates share of fees from such person was equal to or greater than one thousand dollars ($1,000) ; 3. in the case of a business entity not covered by paragraph (2) , the name of every person from whom the business entity received payments if the filer's prorata share of gross receipts from such person was equal to or greater than ten thousand dollars ($10,000) during a calendar year. d. Contents of Management Positions Reports: When management positions are required to be reported, designated employees shall list the name of each business entity not specified above in which they are a director, officer, partner, trustee, employee, or in which they hold any position of management. e. Initial Statement: The initial statement filed by an employee appointed to a designated position shall disclose any reportable investments and interests in real property. f. Acquisition or Disposal During Reporting Period: In the case of a statement filed under Section, 400 (f) , if the investment, or interest in real property, was partially or wholly acquired or disposed of during the period covered by the statement, list the date of acquisition or disposal.. Conflict of Interest Bag* t BaCTION 600. i2iSQUAlifigation. Designated employees must disqualify themselves from making or participating in 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/herself with respect to any matter which could not be legally acted upon or decided without his/her participation. X-2430 {AR} Pago 3 of 7 Conflict of Interest +ago S p2vizaattd- PaBitions Digalogure .� Categor Members of the Governing Board 1, 2 & 3 Superintendent 1, 2 & 3 Assistant Superintendents 1, 2 & 3 Director of Maintenance & Operations 2 & 3 Maintenance Foroperson 2 & 3 Custodial Foreperson 2 & 3 Supervisor of Transportation 2 & 3 Director, Budgets & Accounting 2 & 3 Director, Internal Auditor 2 & 3 Director of Purchasing 2 & 3 Director of Food Services 2 & 3 Director of Facilities Management & Planning 2 & 3 Senior Coordinator Facilities Planning 2 & 3 Director of Technology/Media/Communications 2 & 3 Coordinator of Technology 2 & 3 Principals 2 & 3 Supervisor, Alternative Education 2 & 3 Supervisor, Regular Education 2 & 3 Supervisor, Child Welfare & Attendance 2 & 3 Operations Manager, Superintendent's Office 2 & 3 Office Manager, Business Services 2 & 3 Conflict at Intorost Pao* 5 XXXISIV Una Qisclo,`ur-e o ies An investment, interest in rayl 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 y employee's �gposition. py���� {�+ L,asianated .C=12 aes dk rQ.6M.. �I11....o:.Yst ri9'�,YF•'rt: 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 Antioch Unified School 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 years prior to the filing of the statement. 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 Antioch Unified School District to provide services, supplies, materials, machinery or equipment. 122s i=a ed E=loyeag - in jr,-ou 2 "38, =at. error 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 Antioch Unified School District to provide services, supplies, materials, machinery or equipment which are related to such areas as follows: Conflict of Interest Peer* 7 QXOU2 M M Insofar as a business entity or income source relates to the following areas: A. Psychological Testing Evaluation B. Guidance Counseling C. Special Education D. Materials and Services for the Visually Handicapped E. Materials and Services for the Speech & Audio Handicapped F. Materials and Services for Orthopedically Handicapped G. Materials and Services for the Physically Handicapped H. Physical Education I. Medicine and Health J. Buildings and Grounds Equipment and Supplies K. Buildings and Grounds Maintenance Services L. Data Processing and Computers M. Office Management N. Motor Vehicles O. Food and Food Services P. Books and Other Publications Q. Pedagogical Supplies and Equipment R. Foreign Language Training S. Musical Instruments and Music Training T. Employment Agencies U Vocational Training Revision Bate: 12/8/98 Original Date: 3/27/96 a g COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: February 1$, 1999 To: Clerk, Board of Supervisors From: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel Re: Convict of Interest Code o the Public Works Department Attached hereto is a revised Conflict of Interest Code for the above-named entity. The Code is approved as to form. Please place this matter on the Board of Supervisors' agenda as requested by the Department. A draft board order is attached. MAM:fjb cc: Anil Comelo, Public Works Department Attachments h:\fbent\mwn\C01-merr o TO: Board of Supervisors CONTRA FROM: Victor J. Westman, County Counsel COSTA By: Mary Ann McNett Mason, Deputy County Counsel COUNTY co Nom• DATE: February 18, 1998 SUBJECT: Conflict of Interest Code of the Public Works Department SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RFC OMMENDATION(S): Approve the Public Works Department's Conflict of Interest Code to substitute the attached as said code as shown on the attached memorandum from the Department. BACKGROUND/REAS!QN(S) FOR RE COIYIMENDATION(S): The Public Works Department has replaced its code with 2 CCR § 18730 (FPPC Model Code) and submitted the code to the Board for approval pursuant to Government Code section 87306 and 87306.5. CONTINUED ON ATTACHMENT: XXX YES SIGNATURE: r .M RECOMMENDATION OF COUNTY ADMINISTRATOR—RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON MARCH 16, 1999 APPROVED AS RECOMMENDED / OTHER VOTE OF SUPERVISORS: I HEREBY CER'T'IFY THAT THIS IS A UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ABSENT: ABSTAIN: ON TATE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. ATTESTED: MARCH 16. 1999 PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS Contact: County Counsel AND COUNTY ADMINISTRATOR cc Clerk, Board of Supervisors Anil Comelo, Public Works Dept. BY ' -611DEPUTY 9 H:\FBENTT\rna-3\BD0RDO0I Adopted - .. Dem rt Herd On M Incorporation Page PUBLIC WORKS DEPARTMENT 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 Cal. Code of Regs. 18730) which contains the terms of a standard conflict of interest code. After public notice and hearing it may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. 'Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendix designating officials and employees and establishing disclosure categories, shall constitute the conflict of interest code of the Public Works Department. Designated employees shall file their statements with the office of the Chief of Administrative Services of the Public Works Department who will make the statements available for public inspection and reproduction. (Gov. Code Section 81008.) Statements for all designated employees will be retained by the Chief of Administrative Services of the Public Works Department, except that in the case of the Department Head, the Chief of Administrative Services shall make and retain a copy and forward the original to the Clerk of the Board of Supervisors. �v�a.rm Amend 2 Cal. Code of Regulations Section 18730 as follows: 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 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: (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. (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 7/3198 1 18730 must report their financial interests pursuant to Article 2 of Chapter 7 of the Political Reform Act, Government Code Sections 87200, et seq. 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 is 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 (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 Appendix. It has been determined that the financial interests set forth in a designated employee's disclosure categories are the binds 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 statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing ' 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. 713/98 2 18730 body in the agency's conflict of interest code.2 (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 cede reviewing body, shall file statements within 30 clays 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 30 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 30 days after assuming the designated positions, or if subiect to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April 1. (I3) heaving Office Statements. All persons who leave 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 within 12 months of initial appointment,or within 30 clays of the elate of notice provided by the filing officer to file an assuming office 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 receive any form:of payment as a result of his or her appointment. Such persons shallnot 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 following: (1) File a written resignation with the appointing power; and (2) Pile a written-statement-with the filing officer declaring under penalty of perjury that 2 See Government Code Section 81010 and 2 Cal.Code of Regs.Section 181 15 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. 7/3/98 3 18730 1 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 entitled to receive, any form of payment by virtue of being appointed to the position. (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 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. (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 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. (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 7/3/98 4 18730 propertyl is required to be reported,'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; 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 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 description of the gift;the amount or value of 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 S 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. ' 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 goverriment agency. 7{3/98 5 18730 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 and the term of 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; 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 am 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. Prohibition on Receipt of Honoraria. (A) No member of a state board or commission, and no designated employee of a state or local government 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 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 Id 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. 7/3/98 18730 governing board of any public institution of higher education,unless the member is also an elected official. Subdivisions (a),(b), and(c)of Government Code Section 89501 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, (8.1) Section 8.1 Prohibition on Receipt of Gifts in Excess of$290. (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than$290 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. Subdivisions(e), (f), and(g) of Government Code Section 89503 shall apply to the prohibitions in this section. (8.2) Section 8.2,Logua IQ PublicOfficials, /A\ T ,•election v over wjaich the elWed offiges- , LB) No lic official who is gA==ft=2&state,-dyjI s!mdce.Ly=12MUant to 6uhly-WQns (c). (d) (e). wd(&)Qf S=Iion 4 dAiligle Y11 of the Constiggim shall,while =Wjg_vce,m=her.or consultant (Q NoelettedoMecrofasWe-or-localQo-vm=entug=cysWl. fcQmtUdate--ofhis 7/3/38 7 18730 v r statev mwJ�gh that elected officer has been-elected or v is.Itdnm created-as part of a retail installment a=dit card transactiou,if the lQan is made or The indebtedms-=-ated in the agency hu di=Qti�v gailable to,, t guhly. ConatiMign shall. -wjjjlc gr she hulds office.re * - nal loan from-my 12cisgn who has a ontw with thr, State elected i lodes the glegaed t official whose duties are sglQly secretatial. clelig a manual. (E) This-section shall not apply to the-follow' .1. LQans made to the cm3ittee of an.elected officercar candidate for elective office. s w au a&W Qr intermadi i ngt otherwise,ex=i2t d=der this 5 ^''oma, Loans from a Hereon which in t_he age gate do not exceed two h=n red fifty d-al b ($2 0) any given time, -4. Tia made or offered in adt=ng.baf r . gnu=- � 1998, 7131/98 8 18730 ) Section-8.3. Loan T=s. =ont ag=Qy hall. from the dale-Qf.his or her elcdon IQ oMce lbr-Qugh 1bg date I=or-she ales gffjg-&.rec-give a persmal lom of&e hundred dollars($500)Qj more, excol w-hem.thp A=eMent-, Q ofthe-loan, amount-of the. I=.-=of thelo"date or dalea.wImpayments �hall Ms section-shall not api2ly to.It-follo-w-ing.types of loans; 2• Loang made tQ the elected Qfficer hy bj,� or-her sl2ouse. gbild.parent, grandp-gent imQl"r first cgusin.or-the-apouse of any suQh 12goon,12royide&that th!:i2=Qn makine the loan 5 tion. 1998. Qf the Qgvr,=ol Code. (&4� S=im 8,.4, P=onalLo . stances. 1If 9 limitations for l an action for del l ha =irCd. 2 from of lim fay �date the loan was made. 713/98 9 18730 The dat!:ungn which t&debwr has,made 12a3m=ta on-the h2au a&- ine 1a less jWs.secfionLaha not=Iyto IU fbllminglYpesd loam: 1t ecl tiYe QM=. 2. A loan that w2uld Qtherw ise xQt bf,a izift as drdined in thig title, I A loan that would-othgmdse be a gift as ard fQjjh under subdiyision(A).but Qn 4. tWs-paragraph has IU burdo!i2fanying That the decision for not JWjing QaI1tcjj==tion disr,hatzedin bauk r v. (Q No"in this s=Ij=shall a=t my pm=from my gU=pmy-jaians of Title (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 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 7/3/98 10 18730 official status, aggregating two hundred,fifty dollars($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; (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 $290 or more provided to; received by, or promised to the designated employee within 12 months prier 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. (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 (I3) 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 7/3/98 11 18730 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 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 lave. 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 - 91015. 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. Nate: AUTHORITY: Section.83112, Gov. Code REFERENCE: Sections 87103(e), 87300-87302, 89501, 8950.2, 89543, Gov. Code 7/3/98 12 18730 j-10,WN EXHIBIT A CONFLICT OF INTEREST-DESIGNATED POSITIONS Public Works: Disclosure Category: Administrative Services Assistant II All Administrative Services Assistant III All Assistant County Surveyor All Assistant Manager of Airports All Assistant Real Prop 'Agent All Associate Civil Engineer All Associate Real Property Agent All Deputy Public Warks Director All Engineer All Engineering Technician(,Tourney level and above) All Engineering Technician Supervisor-Construction All Engineering Technician Supervisor-Land Surveyor All Engineering Technician Supervisor---M&T All Environmental.Planner All Junior Real Property Agent All Manager of Airports All Principal Real Property Agent All Public Works Chief of Administrative Services All Public Works Director All Public Works Fiscal Officer All Public Works Maintenance Coordinator All Public Works?Maintenance Programs Manager All Public Works Maintenance Superintendent All Public Works Maintenance Supervisor All Senior Civil Engineer All Senior Hydrologist All Senior Real Property Agent All Stormwater Pollution Control Manager All Stormwater Pollution Control Planning Specialist All Supervising Civil Engineer All Supervising Real Property Agent All Vegetation Management Supervisor All * Consultants All T'ne Department plead may determine that a particular consultant 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 code. The Department Head may make a determination on a ease by case basis what disclosure,if any,is required for any particular consultant. sc:ag nt EXHIBIT"B" Disclosure Category f eral Rule 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. (a)All investments, interests in real property, income, and any business entity in which the person is a director,officer,partner, trustee, employee,or holds any position of management. Financial interests are reportable only if located within Contra Costa County, or if the business entity is doing business or planning to do business in the County(and such plains are known by the designated employee)or has done business within the County at any time during the two years prior to the filing of the Statement. (b) 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 has within the last two years contracted, or foreseeably may contract, with Contra Costa County or the Public Works Department or any associated special district to provide services, supplies,materials,machinery,or equipment to the County or the Public Works Department or any of the associated special districts. AC:12 a3iApwd.cod (12/98) .//0 COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: March 5, 1999 To: Clerk, Board of Supervisors From: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel � Re: Conflict of Interest Code of the Reclamation District No. 2026 Attached hereto is the Conflict of Interest Code for the above-named entity. The Code is approved as to form. Please place this matter on the Board of Supervisors' agenda as requested by the entity. A draft board order is attached. MAM:#jb cc: Dante John Nomellini, Reclamation:Dist. No. 2026 Attachments TO: Board of Supervisors CONTRA FROM: Victor J. Westman, County CounselnCOSTA By: Mary Ann McNett Mason, Deputy County Counsel / _- � DATE: March 1, 1999 SUBJECT: Conflict of Interest Code of the Reclamation District No. 2026 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): Approve the Reclamation District No. 2026's Conflict of Interest Code to substitute the attached as said code, as shown on the attached memorandum from the District. BACKGROUND/REASON(S) FOR RECOMMENDATION{S) The Reclamation District No. 2026 has replaced its code with 2 CCR § 18730 (FPPC Model Code) and submitted the code to the Board for approval pursuant to Government Code section 87306 and 82306.5. CONTINUED ON ATTACHMENT: XXX YES SIGNATURE: /$X RECOMMENDATION OF COUNTY ADMINISTRATOR®RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIONATURE(S): f, ACTION OF BOARD ON MARCH 16, 1999 APPROVED AS RECOMMENDED �� OTHER VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A L 7NANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ABSENT: ABSTAIN: ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. ATTESTED: SCE 16, 1939 PHIL BATCHELOR, CLERK.OF THE BOARD OF SUPERVISORS Contact: County Counsel AND COUNTY ADMINISTRATOR cc: Clerk, Board of Supervisors Reclamation District 2026 ;k^ T y DEPUTY d H:\FBENT\mam\BD0RDC01 r,QMLIt OF MEREST C.QDE FOR RR wL %TION DISTRICT No. 2026 The Political Reform Act, Government Code Section 81000, s.eq.,, requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adapted a regulation, 2 Cal . Code of Regs. Section 18730, which contains the terms of a standard conflict of interest code. It can be incorporated by reference and may be ascended by the Fair Political Practices Commission after public notice and hearings to conform to amendments in the Political Reform. Act. Wherefore, the terms of 2 Cal . Cade of Regs. Section 18730 and any amendments to it duly adopted by the "air Political Practices Commission are hereby incorporated by reference and, along with the attached appendix (Appendix "All) in which members and employees are designated and disclosure categories are set forth, constitute the conflict of interest code of RRCLAM&T-1Q VjATRjCT NO. 2026. Designated employees shall file statements of economic interests with RRC , iTIt7N_ DISTR=T I�It . 2026 who shall make and retain a copy of the statements and make the statements available for public inspection and reproduction. (Gov. Cade Section 81008) . gECIAMIgH DJSTRIC 2+7p. 2026 shall forward the original of these statements to the Contra. Costa County Board of Supervisors. Page 1 of 3 a _ k ?PMIX "A" DES19X TED EMPLOYEZS PQSITIQNS: ASSIGNED DISCLOSURE Trustees of the District 1 Secretary l Engineer 1 Attorney 1 Consultants *** 1 *** Limitation withregardto "C ul n sti : "Consultants" shall be included in the list of Designated Employees/Positions and shall disclose pursuant to the broadest disclosure category in the code :subject to the following limitation: The President of the Beard of Trustee: may determine in writing that a particular consultant, although a "designated employee/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 President' 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. Page 2 of 3 LISCLQSURE CATEGfJRI S Cat _ — 3. ; Designated employees assigned to Disclosure Category 1 shall disclose the following information in their statements of economic interests : (1) Interests in real property located within the geographical boundaries of RNCLAMT_jON n191TRUCT N�? 2026, including real property located within two miles outside of the geographical boundaries of RECIA. 'ON DISTRICT -NO.- 2026 and real property located within a two mile radius of any property awned or used. by CLAMAT Off' DISTRICT NO. 2026; and (2) All investments in business entities, business positions in business entities, and income from sources, which provide facilities, services, supplies, or equipment of the type utilized by RECLAMT1 N 1219TRICT NQ. 2026, including but not limited to: Pipe, valves, fittings, etc. ; Pumps, motors, meters etc. ; Construction and building materials; Safety equipment and facilities; Hardware triols and supplies; Motor vehicles, heavy equipment, special vehicles and parts and services thereto; Freight and hauling; Petroleum products; Fater quality testing; Water treatment equipment, supplies and services; Well drilling; Custom farming services such as weed abatement etc. ; Chemicals, insecticides, weed killers; Communications equipment and services; Office equipment and supplies; Photographic services, supplies and equipment; Electrical equipment; Computer hardware and software; Telemetering equipment; Printing, reproduction, recordkeeping, etc. ; Newspapers and other publications; Real estate agents/brokers and investment firms; Title companies; Public utilities; Banks and savings and loan institutions; Insurance companies; Employment agencies; Construction contractors; and Consulting services, such as legal, accounting, engineering, architectural, power, data processing, computers, labor relations, public relations, planning, financial, economics, environmental., and appraisal . Page 3 of 3 COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: March 5, 1999 To: Clerk, Board of Supervisors From: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel � .�Al . � ff E Re: Conflict of Interest Code of the Reclamation District No. 2025 Attached hereto is the Conflict of Interest Code for the above-named entity. The Code is approved as to form. Please place this matter on the Board of Supervisors' agenda as requested by the entity. A draft board order is attached. MAM:fjb cc: David L. Grilli, Reclamation Dist. No. 2025 Attachments TO: Board of Supervisors CONTRA FROM: Victor J. Westman, County Counsel o ;, COST. By: Mary Ann McNett Mason, Deputy County Counsel u COUNTY DATE: March 1, 1999 SUBJECT: Conflict of Interest Code of the Reclamation District No. 2025 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND 3USTIFICATION - RECOMMENDATION(S).., Approve the Declamation District No. 2025s Conflict of Interest Code to substitute the attached as said code, as shown on the attached memorandum from the District. K 4N, REA R RECOMMENDATION(S); The Declamation District No. 2025 has replaced its code with 2 CCR § 18730 (FPPC Model Code) and submitted the code to the Board for approval pursuant to Government Code section 87306 and 87306.5. CONTINUED ON ATTACHMENT: XXX YES SIGNATURE RECOMMENDATION OF COUNT'ADMINISTRATOR,_RECOMMENDATION JF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): AC'T'ION OF BOARD ON KARCH 16, 1999 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A ' UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ABSENT: ABSTAIN: ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. ATTESTED: � C 6-, 1999 PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS Contact: County Counsel AND COUNTY ADMINISTRATOR cc: Clerk, Board of Supervisors David L. Grilli, Reclamation District 2025 4 ICY t ,f ANt'f' r,-/1P ,DEPUTY H:\FBFNT\matn\BD0RDC01 1999 LOCAL AGENCY BIENNIAL NOTICE Contact Person: David L. Grille Telephone Number. (12L—) 465-5883 Name of Agency: Reclamation District oto. 2025 Mailing Address: P. C• Brix 1461, ,-Stockton CA 95201 This agency has reviewed its conflict of interest code and has determined that: The code needs to be amended and the following amendments are necessary: fCh"k Ott Owt*Wly) (3 Include new positions(Including consultants)which must be designated O Devise the titles of existing positions O Delete titles of positions that have been abolished O Delete positions that manage public investments (5 Revise disclosure categories ( , Either BringCode Provisions an definitions up to date. No amendments are necessary. The agency's code accurately designates all positions which make or participate in the making of governmental decisions,the disclosure categories assigned to those positions accurately requires the disclosure of all investments,business positions,Interests in real property and sources of income:which may foreseeably be affected materially by the decisions made by those designated positions;and the code includes all other provisions required by Government Code Section 87302. Signature of Chief Executive Officer; date 6�z l l You must complete this report regardlessow recently your code was approved or amended. Please return this report no later than October 1, 1998 to: CLERK OF THE BOARD OF SUPERVISORS 651 PINE STREET, ROOM 106 MARTINEZ, CA 94553 Q=L19T OF INTERN CODE FOR R CL N&TIONiZBTR CT -0. 2025 The Political Reform Act, Government Code Section 81000, jgt secs. , requires state and local government agencies to adopt and promulgate conflict of interest cedes. The Fair Political Practices Commission has adopted a regulation, 2 Cal.. Cade of Regs . 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 in the Political Reform Act. Therefore, the terms of 2 Cal . Code of Regs. Section 18730 and any amendments to it duly adapted by the Fair Political Practices Commission are hereby incorporated by reference and, along with the attached appendix (Appendix "All) in which members and employees are designated and disclosure categories are set forth, constitute the conflict of interest code of RECLAWATICN DISTRACT NO. 2025. Designated employees shall file statements of economic interests with RECLAMATIM DISTRICT NO. 2025 who shall make and retain a copy of the statements and make the statements available for public inspection and reproduction. (Gov. Code Section 81008) . RA14ATbN 1 TR_CT N4. 2025 shall forward the original of these statements to the Contra Costa County Board of Supervisors. Page 1 of 3 UPENDIX _ "A" DES1 NATED EMPL 'ESSZFOSITIONS : ASSIGNED? DISCLOSURE C,-TEtaORXES Trustees of the District 1 Secretary Engineer Attorney Consultants * * ** Limitation with r rd to Cons" : "Consultants" shall be included in the list of Designated Employees/Positions and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation: The President of the Board of Trustees may determine in writing that a particular consultant, although la "designated employee/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 president' 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. III III III 1/f III III III III III III Page 2 of 3 DTSCLOS2R_E CATEGOn S : Category 1: Designated employee assigned to Disclosure Category 1 shall disclose the following information in their statements of economic interests : (1) Interests in real property located within the geographical boundaries of R-3Q KATT4N DISTRICT NO. 2025, including real property located within two miles outside of the geographical boundaries of RXC,LAX&T_1©N nl_'TR;EC `.X , 2Q25 and real property located within a two style radius of any property owned or used by R,j-3GjAMAT1IST QCT Xp 2025; and (2) All investments in business entities, business positions in busyness entities, and income from sources, which provide facilities, services, supplies, or equipment of the type utilized by RLCLAT'�N TS RTC ` N(). 21325, including but not limited to: Pipe, valves, fittings, etc. ; Pumps, motors, meters etc. ; Construction and building materials; Safety equipment and facilities; Hardware tools and supplies, Motor vehicles, heavy equipment, speci COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: March 5, 1999 To: Clerk, Board of Supervisors From: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel 41, Re: Conflict of Interest Code of the Reclamation District No. 2024 Attached hereto is the Conflict of Interest Code for the above-named entity. The Code is approved as to form. Please place this matter on the Board of Supervisors' agenda as requested by the entity. A draft board order is attached. MAM:fjb cc: Dante John Nomellini, Reclamation Dist. No. 2024 Attachments TO: Board of Supervisors a ' CONTRA FROM: Victor J. Westman, County Counsel � � y COSTA By: Mary Ann McNett Mason,Deputy County Counsel ha COUNTY DATE: March 1, 1999 SUBJECT: Conflict of Interest Code of the Reclamation District No. 2024 SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): Approve the Reclamation District No. 2024's Conflict of Interest Cade to substitute the attached as said code, as shown on the attached memorandum from the District. BACKGROUND/REASON(S) FOR.RECOMMENDATION(S): The Reclamation District No. 2024 has replaced its code with 2 CCR § 18730 (FPPC Model Code) and submitted the code to the Board for approval pursuant to Government Code section 87306 and 87306.5. CONTIN ED ON'ATTACHMENT: XXL YES SIGNATURE: ^"" RECOMMENDATION OF COUNTY ADMINISTRATOR®RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): P ACTION OF BOARD ON MARCH 16, 1999 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A I UNANIMOUS (ABSENTY TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ABSENT: ABSTAIN: ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. ATTESTED: R _192_9 PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS Contact: County Counsel AND COUNTY ADMINISTRATOR cc: Clerk, Board of Supervisors Reclamation District 2024 41 B DEPUTY H:\FBENT\mam\BD0RDC01 1998 LOCAL AGENCY BIENNIAL NO110E Contact Person: Dante John Nomellini Telephone Number (-L12-9 ) 465-5883 Name of Agency: Reclamation District No. 2024 Mailing Address: B. 0. Box. 1461, Stockton, CA 95201 This agency has reviewed its conflict of Interest code and has determined that: The code meds to be amended and the fallowing amendments are necessary: fCh*ck mdl that apply) (3 Include new positions(including consultants)which must be designated 0 Revise the titles of existing positions 0 Delete titles of positions that have been abolished 0 Delete positions that manage public investments (5 Revise disclosure categories (3 Cather Bring Code provisions and definitions up to date. No amendments are necessary. The agency's code accurately designates all positions which make or participate in the making of governmental decisions;the disclosure categories assigned to those positions accurately requires the disclosure of all investments,business positions,interests In real property and sources of income which may foreseeably be affected materially by the decisions made by those designated positions;and the code includes all other provisions required by Government Code Section 87302. Signature of Chief Executive Meer101- tate: ' VL You must complete this report regardless of how recently your code was approved or amended. Please return this report no later than October 1, 1998 to: CLERK OF THE BOARD OF SUPERVISORS 651. PINE STREET, ROOM .106 MARTINEZ, CA 94553 µ v1 • C.MdW19irfli+�{©��r './L�L�y'r4ERL"/47�i}9 C�w+J��/j✓i'dxyp�OR 3.i.1a 1S �L!�Sr. Jo- 1�1T• !0 2 4 The Political Reform. ,Act, Government Code Section 83000, et pgc j._, requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation, 2 Cal. . Code of Regs . 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 Politica. Practices Commission after public notice and hearings to conform to amendments in the Political Reform Act . Therefore, the terms of 2 Cal . Code of Regs. Section. 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and, along with the attached appendix (Appendix "A'') in which members and employees are designated and disclosure categories are set forth, constitute the conflict of interest code of RLCLAX&TION DISMR—ICT NO. 2024 . Designated employees shall file statements of economic interests with RECLAMATION DISTRICT NO.- 2024 who shall make and retain a copy of the statements and make the statements available for public inspection and reproduction. (Gov. Code Section 81008) . R&CT.V-# TXON D1 T ICT M. 2024 shall forward the original of these statements to the Contra Costa County Board of Supervisors. Page 1 of 3 AP `ENDIX "A" DESIGNATED ENPLOYEESIPflSITIONSs ASSIGNED DISCLOSURE CATEGORIES Trustees of the District Secretary - Engineer Attorney Consultants * * *** Limitation with regard o " ons l " : "Consultants" shah, be included in the list of Designated Employees/Positions and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation The President of the Board of Trustees may determine in writing that a particular consultant, although a "designated employee/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 President'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. d/f Page 2 of 3 DISCLOSURE C„ATEC3O XE9 Categor� _1 : Designated employees assigned to Disclosure Category l shall disclose the following information in their statements of economic interests: (1) Interests in real property located within the geographical boundaries of RXCr AXATJOK DISTRICT No 4, including real property located within two miles outside of the geographical boundaries of gXCLAMATIC3I�7 pISTRICT Mg. . ,,21124 and real property located within a two mile radius of any property owned or used by t1CLA►IATZC?NTRIO' NC1, C124; and (2) ,All investments in business entities, business positions in business entities, and income from sources, which provide facilities, services, supplies, or equipment of the type utilized by RECL NATICIM DISTRICT KOI, 2024, including but not limited to: Pipe, valves, fittings, etc. ; Pumps, motors, meters etc. ; Construction and building materials; Safety equipment and facilities; Hardware tools and supplies; Motor vehicles, heavy equipment, special vehicles and parts and services thereto; Freight and hauling; Petroleum products; Water quality testing; Water treatment equipment, supplies and services; Well drilling; Custom farming services such as weed abatement etc. ; Chemicals, insecticides, weed killers; Communications equipment and services; Office equipment and supplies; Photographic services, supplies and equipment; Electrical equipment; Computer hardware and software; Telemetering equipment; Printing, reproduction, recoardkeeping, etc. ; Newspapers and ether publications; Real estate agents/brokers and investment firms; Title companies; Public utilities; Banks and savings and loan institutions; Insurance companies; Employment agencies; Construction contractors; and Consulting services, such as legal, accounting, engineering, architectural, power, data processing, computers, labor relations, public relations, planning, financial, economics, environmental, and appraisal . 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