HomeMy WebLinkAboutMINUTES - 07112006 - C.19 TO: Board of: Supervisors _-E
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FROM: Silvano B. Marchesi, County Counsel COSTA
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By: Mary Ann McNett Mason, Deputy County Counsel - y COUNTY
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DATE: June 26, 2006
SUBJECT: Conflict of Interest Code of Antioch Unified-School District
SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
Approve amendment to the Antioch Unified School District's Conflict of Interest Code to substitute the
attached as said code.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
The Antioch Unified School District has amended its conflict of interest code and submitted the revised code t
the Board for approval pursuant to Government Code section 87306 and 87306.5.
CONTINUED ON ATTACHMENT: SIGNATURE: 49t4L- dUW_Y�
--"RECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMMENDATION OF BOARD
COMMITTEE
Vf APPROVE OTHER
SIGNATURE(S): /' r
ACTION OF BO ON <3A& / APPROVED AS RECOMMENDED ZOTHER
_
VOTE OF SUPERVISORS:
��//�� I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSEN`�+V,O� 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:
JOHN CULLED ,CLaK OF
THE BOARD OF SUPERVISORS
Contact: County Counsel AND COUNTY ADMINISTRATOR
cc: Clerk, Board of Supervisors
Sharon Houdashelt, Operations Manager, Antioch Unified School District
BY: , DEPUTY
K:UOANN\MAM\AUSDbdord coi.wpd
ANTIOCH UNIFIED SCHOOL DISTRICT
RESOLUTION NO. 2005-06-36
RESOLUTION OF THE BOARD OF EDUCATION AMENDING THE CONFLICT OF
INTEREST CODE TO INCORPORATE BY REFERENCE THE FAIR POLITICAL
PRACTICES COMMISSION'S STANDARD MODEL CONFLICT OF INTEREST CODE,
AND TO UPDATE THE LIST OF DESIGNATED EMPLOYEES
WHEREAS, the Antioch Unified School District, adopted a Conflict of Interest Code on
October 10, 1979, which was thereafter approved by the Board of Supervisors acting as the code
reviewing body for local conflict of interest codes; and
WHEREAS, the Board of Supervisors has amended the Antioch Unified School District
Code when necessary to conform to changes in the law regarding conflict of interest codes; and
WHEREAS, amendments to the Political Reform Act, Government Code Sections 81000,
et seq., have in the past and foreseeably will in the future require conforming amendments to be
made in conflict of interest codes adopted and promulgated pursuant to its provisions; and
WHEREAS, the Fair Political Practices Commission has adopted a regulation, California
Code of Regulations, title 2, section 18730, (copy attached), which contains the terms of a
standard model Conflict of Interest Code for adoption by reference; and
WHEREAS, the Fair Political Practices Commission will amend the model code to
conform to amendments in the Political Reform Act after public notice and hearings conducted
by the Fair Political Practices Commission; and
WHEREAS, formal adoption and approval of the model code will save this body time
and money by minimizing the actions required to keep the Antioch Unified School District
Conflict of Interest Code in conformity with the Political Reform Act; and
WHEREAS, an amendment to the Antioch Unified School District Conflict of Interest
Code must be submitted to the Board of Supervisors, Contra Costa County which is the code
reviewing body;
NOW THEREFORE, BE IT RESOLVED by the Governing Board as follows:
A. The Conflict of Interest Code of the Antioch Unified School District is amended
to substitute in its place the attached Amended Conflict of Interest Code of the Antioch Unified
School District. The amendment incorporates by reference California Code of Regulations, title
2, section 18730.
B. All persons holding designated positions shall file their statements of economic
interests with the Chief Business Official to whom the Board hereby designates the authority to
carry out the duties of filing officer.
95149
C. Pursuant to the Conflict of Interest Code, all designated persons shall file annual
statements no later than April 1 of each year.
D. A copy of this Resolution shall be forwarded to the Clerk of the Board of
Supervisors of Contra Costa County for review and approval by the Board of Supervisors.
I hereby certify that the foregoing resolution of the Governing Board was duly passed
and adopted at a regular meeting held on April 26, 2006, by the following vote:
AYES: 4
NOES: 0
ABSENT: 1
De is Goettsch, Secretary to the Board of Education
95149
CONFLICT OF INTEREST CODE FOR THE
ANTIOCH UNIFIED SCHOOL DISTRICT
(AMENDED April 26 , 2006)
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, California Code of Regulations, title 2, 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
California Code of Regulations, title 2, section 18730 (copy attached) and any amendments to it
duly adopted by the Fair Political Practices Commission are hereby incorporated by reference
and, along with the attached Appendix A in which employees are designated and disclosure
categories are set forth, constitute the Conflict of Interest Code of the Antioch Unified School
District.
Designated employees shall file statements of economic interests with the agency which
will make the statements available for public inspection and reproduction. (Gov. Code,
§ 81008.) Upon receipt of the statement of the Superintendent, the agency shall make and retain
a copy and forward the original of this statement to the Clerk of the Board of Supervisors, Contra
Costa County. Statements for all other designated employees will be retained by the agency.
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California Code of Regulations, title 2, section 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 Iformulation 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 economic 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 they jurisdiction in which those persons must report their economic 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. [FN 1]
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 economic interests are reportable. Such a designated employee shall disclose in his or
her statement: of economic interests those economic 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 economic interests set forth in a designated employee's disclosure categories
are the kinds of economic 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.
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, or for a board or commission
member subject to Government Code section 87302.6, the day after the closing date of the most
recent statement filed by the member pursuant to 2 Cal. Code Regs. section 18754.
(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 equals
or exceeds two thousand dollars ($2,000), exceeds ten thousand dollars ($10,000), exceeds one
hundred thousand dollars ($100,000), or exceeds one million dollars ($1,000,000).
(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 five hundred dollars ($500) 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), greater than ten thousand dollars ($10,000), or greater than one
hundred thousand dollars ($100,000);
3. A description of the consideration, if any, for which the income was received;
4. In the case of a gift,the name, address and business activity of the donor and any intermediary
through which the gift was made; a description of the gift; the amount or value of the gift; and
the date on which the gift was received;
5. In the case of a loan, the annual interest rate and the security, if any, 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, [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$360.
(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 $360 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), (0, 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), (0, 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 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), (0, 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 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. 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 five hundred dollars ($500) 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.
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 two thousand dollars ($2,000)or more;
(B) Any real property in which the designated employee has a direct or indirect interest worth
two thousand dollars ($2,000)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 five hundred dollars ($500) 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 $360 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
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. Disclosure of Disqualifying Interest.
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 may be
accompanied by disclosure of the disqualifying interest.
(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 and 2 Cal. Code Regs., sections 18329 and 18329.5 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 81000-91014. In addition, a decision in relation to
which a violation of the disqualification provisions of this code or of Government Code section
87100 or 87450 has occurred may be set aside as void pursuant to Government Code section
91003.
[FNI] 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.
[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.
[FN4] Investments and interests in real property which have a fair market value of less than $2,000 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.
[FN5] 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.
[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 or customers are within one of the disclosure categories of the filer.
APPENDIX A
TO THE CONFLICT OF INTEREST CODE
OF THE
ANTIOCH UNIFIED SCHOOL DISTRICT
OF CONTRA COSTA COUNTY
Designated Positions Disclosure Category
Superintendent I & 2
Chief Business Official I &2
Associate Superintendents I &2
Senior Directors 2
Directors 2
Directors of Purchasing I & 2
Assistant Directors 2
Coordinators 2
Principals 2
Vice Principals 2
Associate Principals 2
Consultants I &2
Designated Positions
The persons holding positions listed in this Appendix are designated employees. A
designated employee is an officer, employee, member or consultant of an agency whose
position is designated in the Code because the position entails the making or participation in
the making of governmental decisions which may foreseeably have a material effect on any
financial interests.
Consultants are designated employees who must disclose financial interests as determined
by the Superintendent or designee. The Superintendent or designee's written determination
shall include a description of the consultant's duties and a statement of the extent of
disclosure required based upon that description. All such determinations are public records
and shall be retained for public inspection along with this Conflict of Interest Code.
Disclosure Categories
Disclosure is required of types of investments, interests in real property, sources of income
and business positions that designated positions may affect in their decision making.
Designated Employees in Disclosure Category "1" Must Report:
a. All investments, business positions, and income, including gifts, loans and travel
payments, from sources located in or doing business in the district.
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b. Interests in real property located entirely or partly within district boundaries or within
two miles of district boundaries or of any land owned or used by the district. Such interests
include any leasehold, beneficial or ownership interest or option to acquire such interest in
real property.
Designated Employees in Disclosure Catep_or_V '1211 Must Report:
All investments, business positions and income, including gifts, loans and travel payments
from sources which:
a. Are contractors or subcontractors that are, or have been within the past two years,
engaged in work or services of the type used by the department which the designated person
manages or directs, or
b. Manufacture or sell supplies, books, machinery or equipment, including training or
consulting services, of the type used by the department which the designated person
manages or directs. For the purposes of this category, a principal's department is his/her
entire school.
Although listed below, the following positions do not fall within the category of designated
employees because they manage public investments and will file statements pursuant to
Government Code section 87200 et seq.:
Members of the Board of Education
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