HomeMy WebLinkAboutMINUTES - 02062001 - C.92 C. 74
Tb: Board of Supervisors ` s- L
CONTRA
FROM: Victor J. Westman, County Counsel .;�
COSTA
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By: Mary Ann McNett Mason, Deputy County Counsel COUNTY
P
i, COS rACOUY1'� G
DATE: January 19 2001
SUBJECT: Conflict of Interest Code of the Mt. View Sanitary District
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)*BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
Approve amendments to the Mt. View Sanitary District Conflict of Interest Code to substitute the
attached as said code, as shown on District Ordinance 2000-79.
BACKGROUND/REASON(S) FO&AECOMMENDATION(S):
The Mt. View Sanitary District has amended its conflict of interest code and submitted the amended
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 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS:
I HEREBY CERTIFY THAT THIS IS A
_UNANIMOUS (ABSENTS 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.tZ4, "j ntv�)
PHIL BATCHELOR, C k R OF
THE BOARD OF SUPERVISORS
Contact: County Counsel AND COUNTY ADMINISTRATOR
cc: Clerk, Board of Supervisors.
Mt. View Sanitary District
BY *+� , DEPUTY
LVOANN\MAM\bdordMV SD.wpd
I
ORDINANCE NO. 2000-79
(GENERAL REGULATION NO. 79)
AN ORDINANCE OF THE BOARD OF DIRECTORS OF MT. VIEW SANITARY
DISTRICT ADOPTING GENERAL REGULATION NO. 79 ESTABLISHING
A NEW CONFLICT OF INTEREST CODE FOR THE DISTRICT
WHEREAS,by way of Resolution No. 497-76, a Conflict of Interest Code was duly
adopted for the District,and
WHEREAS, said Code was subsequently amended by Resolution Nos. 535-79 and 857-
94, and
WHEREAS, in connection with the current biannual review, it has been determined that
the District's existing Conflict of Interest Code needs certain revisions and amendment.
NOW, THEREFORE,THE BOARD OF DIRECTORS OF THE MT. VIEW
SANITARY DISTRICT DOES ORDAIN AS FOLLOWS: ,.
Section 1. The current version of Section 18730 of'Title 2, Division 6, of the
California Code of Regulations, a true and correct copy of which is attached hereto, incorporated
herein, and made a part hereof, and any subsequent amendments to it duly adopted by the Fair
Political Practices Commission of the State of California, together with the attached appendices
in which officials and employees of the District are designated and disclosure categories are set
forth, shall constitute the new Conflict of Interest Code of the Mt. View Sanitary District.
Section 2. All persons holding designated positions who are itemized in Appendix
"A", attached hereto and made a part hereof, shall file statements of economic interest in
conformance with the disclosure categories applicable to such,positions. The disclosure
1
categories are more particularly described in Appendix "B", also attached hereto and made a part
hereof. All designated employees required to submit a statement of financial interest shall file
the original with the District's Secretary who shall make and retain a copy of same and forward
the original of the statement to the Clerk of the Board of Supervisors of Contra Costa County.
Section 3: 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 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'.
Section 4. - A certified copy of this Ordinance and the new Conflict of Interest Code
of Mt. View Sanitary District shall be sent to Phil Batchelor, Clerk of the Board of Supervisors
and County Administrator of Contra Costa County.
THE FOREGOING ORDINANCE was regularly moved, seconded,passed and
adopted and ordered published in accordance with Health& Safety Code Section 6490 at a
regular meeting of the District Board of Mt. View Sanitary District held on October 12, 2000,by
the following vote:
AYES: Directors Castro, Maggi, and Sakazaki, Vice President Pyka, and
President Caldwell
NOES: None
ABSENT: None
ABSTAIN: None
Stanley R. aldwell, President
Mt. View Sanitary District
2
ATTEST:
6L W4L: (4
Sheri L. Riddle, Secretary
APPROVED AS TO FORM: APPROVED AS TO ADMINISTRATION:
Maurice E. Huguet, Jr., Dis 'ct C u s David R."Contreras, District Manager
I hereby certify that the foregoing Ordinance was duly passed, enacted and ordered
posted at a regular meeting of the Board of Directors of the Mt. View Sanitary District held on
October 12, 2000.
Sheri L. Riddle, Secretary
MEH:M V SDOrdConflictInt000927
3
Page 1
BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS
Title 2. Administration
Division 6. Fair Political Practices Commission
Chapter 7. Conflicts of Interest
Article 2. Disclosure
s 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 interestcode 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 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 apph
(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. [FN1]
Such persons are covered by this code for disqualification purposes only. With respect to all other designated
Page 2
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 body in the agency's
conflict of interest code. [FN2]
(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.
(D) 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 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.
Page 3
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) Investment and Real Property Disclosure.
When an investment or an interest in real property [FN3] is required to be reported, [FN4] 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 (51,000), 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, [FN5] the statement shall
contain:
1. The name and address of each source of income aggregating two hundred fifty dollars (5250) 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 (S1,000), 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
girt was made; a description of the gift; the.amount or value of the gift; and the date on which the gift was received:
5. In the case of a loan, the annual interest,rate and the security; if any, 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
i
Page 4
proprietorship, is required to be reported, [FN6] 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
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$300.
(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 $300 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. Loans to Public Officials.
(A) No elected officer of a state or local government agency shall, from the date of his or her election to office
through the date that he or°she vacates office, receive a personal loan from any officer, employee, member, or
consultant of the state or local government agency in which the elected officer holds office or over which the elected
officer's agency has direction and control.
(B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e); (f?;
and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from
any officer, employee, member, or consultant of the state or local government agency in which the public official
holds office or over which the public official's agency has direction and!'control. This subdivision shall not apply to
loans made to a public official whose duties are solely secretarial, clerical, or manual.
(C) No elected officer of a state or local government agency shall, from the date of his or her election to office
through the date that he or she vacates office, receive a personal loan from any person who has a contract with the
state or local government agency to which that elected officer has been elected or over which that elected officer's
Page 5
agency has direction and control. This subdivision shall not apply to loans made, by banks or other financial
institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made
or the indebtedness created in the lender's regular course of business on terms available to members of the public
without regard to the elected officer's official status.
(D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f),
and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from
any person who has a contract with the state or local government agency to which that elected officer has been elected
or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made
by banks or other firrancial institutions or to any indebtedness created as part of a retail installment or credit card
transaction, if the loan is made or .the indebtedness created in the lender's regular, course of business on terms
available to members of the public without regard to the elected officer's official status. This subdivision shall not
apply to loans made to a public official whose duties are.solely secretarial, clerical, or manual.
(E) This section shall not apply to the following:
1. Loans made to the campaign committee of an elected officer or candidate for elective office.
2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law,
brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided
that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under
this section.
3. Loans from a person which, in the aggregate, do not exceed two hundred fifty dollars ($250) at any given time,
4. Loans made, or offered in writing, before January 1, 1998.
(8.3) Section 8.3. Loan Terms.
(A) Except as set forth in subdivision (B), no elected officer.of a state or local government agency shall, from the
date of his or her election to office through the date he or she vacates office, receive a personal loan of five hundred
dollars ($500) or more, except when the loan is in writing and clearly states the terms of the loan, including the
parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments
shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan.
(B) This section shall not apply to the following types of loans:
1. Loans made to the campaign committee of the elected officer.
2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister,
parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, .or the spouse of any such
person, provided that the person making the loan is not acting as an agent or intermediary for any person not
otherwise exempted under this section.
3. Loans made, or offered in writing, before January 1, 1998.
(C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code.
(8.4) Section 8.4. Personal Loans.
(A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift
to the designated employee for the purposes of this section in the following circumstances:
1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for
default has expired.
Page 6
2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following:
a. The date the loan was made.
b. The date the last payment of one hundred dollars ($100) or more was made on the loan.
c. The date upon which the debtor has made payments on the loan aggregating to less than two hundred fifty dollars
($250) during the previous 12 months.
(B) This section shall not apply to the following types of loans:
1. A loan made to the campaign committee of an elected officer or a candidate for elective office.
2. A loan that would otherwise not be a gift as defined in this title.
3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken
reasonable action to collect the balance due.
4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on
reasonable business considerations, has not undertaken collection action. Except in a criminal action, a creditor who
claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking
collection action was based on reasonable business considerations.
5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government 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 on:
(_A) Any business entity in which the designated employee has a direct or indirect investment worth one thousand
dollars ($1,000) or more;
(B) Any real property in which the designated employee has a direct or indirect interest worth one thousand dollars
($1,000) or more;
(C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular
course of business on terms available to the public without regard to official status, "aggregating two hundred fifty
dollars ($250) or more in value provided to, received by or promised to the designated employee within 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 $300 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
Page 7
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
(B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the
rendering of goods or services totaling in value one thousand dollars ($1,000) or more.
(10) Section 10. Manner of Disqualification.
When a designated employee determines that he or she should not make a governmental decision because he or she
has a disqualifying interest in it, the determination not to act must be accompanied by disclosure of the disqualifying
interest. In the case of a voting body, this determination and disclosure shall be made part of the agency's official
record; in the case of a designated employee who is the head of an agency, this determination and disclosure shall be
made in writing to his or her appointing authority; and in the case of other designated employees, this determination
and disclosure shall be made in writing to the designated employee's supervisor.
(11) Section 11. Assistance of the Commission and Counsel.
Any designated employee who is unsure of his or her duties under this code may request assistance from the Fair
Political Practices Commission pursuant to Government Code section 83114 or from the attorney for his or her
agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal
opinion.
(12) Section 12. Violations.
This code has the force and effect of law. Designated employees violating any provision of this code are subject to
the administrative, criminal and civil sanctions provided in the Political Reform Act, Government Code sections
81000-91015:In addition, a decision in relation to which a violation of the disqualification provisions of this code or
of Governmenm
t Code section 87100 or 87450 has occurred may be set aside as void pursuant to Government Code
section 91003.
FNl Designated employees who are required to file quired 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.
FN2 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.
FN3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal
residence of the filer.
FN4Investments and interests in real property which propem, which have a fair market value of less than S1,000 are not
investments and interests in real property within the meaning of the Political Reform Act. However, investments or interests
Page 8
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.
FN5 A designated employee's income includes his or her community properry 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.
FN6 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 cr customers are within one of the disclosure categories of the
filer.
Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300-87302, 89501, 89502
and 89503, Government Code.
n
APPENDIX "A"
ORDINANCE NO. 2000-79
MVSD CONFLICT OF INTEREST CODE
Position Disclosure Category
(a) Director(includes President) All categories
(b) District Manager All categories
(c) Assistant District Manager All categories
(d) Office Coordinator and Board Secretary Categories B, C &D
(e) Assistant Office Coordinator Categories B, C & D
(f) Engineer All categories
(g) Attorney All categories
(h) Assistant Attorney All categories
(i) Pollution Prevention Coordinator Categories B, C &D
(j} Senior Operator Categories B, C & D
(k) Consultant* All categories
1 he DlSlrlot Niai.ager may uG'tviTllilie In vv'iltlllg that ¢pat tiGillar GOi5iz1ta1it, d1tltGugi1 'd
"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 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.
MehM V SDAppA-B
APPENDIX "B"
ORDINANCE NO. 2000-79
MVSD CONFLICT OF INTEREST CODE
DISCLOSURE CATEGORIES:
Category A: Investments and Real Property Disclosure -
(See Paragraph 7A of Section 1873,0)
Category B: Personal Income Disclosure -
(See Paragraph 7B of Section 18730)
Category C: Business Entity Income Disclosure
(See Paragraph 7C of Section 18730)
Category D: Business Position Disclosure -
(See Paragraph 71) of Section 18730)
Category E: Acquisition or Disposal During Reporting Period -
(See Paragraph 7E of Section 18730)
D9ehMVSDAppA-B
SECRETARY'S CERTIFICATE
I, Sheri L Riddle, Secretary to the Mt. View Sanitary District, do hereby certify as
follows:
The foregoing is a full, true, and correct copy of an ordinance duly adopted at a
regular meeting of the Board of Directors of said District', duly and regularly and legally
held at the regular meeting place thereof on October 12, 2000, of which meeting all of
the members of said Board had due notice and at whicK a majority thereof was present.
At said meeting said ordinance was upon motion duly seconded and adopted by
the vote as therein set forth.
I have carefully compared the same with the original minutes of said meeting on
file and of record in my office and that said ordinance is!duly entered of record in the
minutes and the foregoing is a full, true and correct copy of the original ordinance
adopted at said meeting and entered in said minutes.
Said ordinance has not been amended, modified or rescinded since the date of
its adoption and the same is now in full force and effect.
Dated: November 16, 2000
r
—SlY
eri L. Riddle, SE RETARY OF THE
DISTRICT BOARD OF MT. VIEW SANITARY
DISTRICT, COUNTY OF CONTRA COSTA,
STATE OF CALIFORNIA
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Office of the County Counsel Contra Costa County
651 Pine Street,,9th Floor Phone: (925) 335-1800
Martinez, CA 94553 Fax: (925)646-1078
RECEIVED
Date: January 19, 2001
JAN 2 2 2001
To: Clerk, Board of Supervisors
CLERK BOARD OF SUPERVISORS
From: Victor J. Westmah, County Counsel CONTRA COSTA CO.
By: Mary Ann McNett Mason, Deputy County Counsel
Re: Conflict of Interest of Code of the Mt. View Sanitary District
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In response to your memorandum of December 22, 2000, attached hereto are
amendments to the Conflict of4nterest Code for the above-named entity. The amendments are
approved as to form.
Please place this matter, on the Board of Supervisors' agenda as requested by the entity.
A board order is attached.
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cc: Mt. View Sanitary District
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