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HomeMy WebLinkAbout91-056,. ~ n~" ~~ ~ ~ -~ . ~ ~~~ ~ „ ~: E~ ~CS~ A~i1`~I~ ~' O~~ ~' ~ ~~ ~J P~~E I~ V I S C7 R ~S ~~~~ *~ COfJNTY OF BUTTE, ,STATE flF CAL]FORN4A :~~ ~`*' ~ ~.esOjutiOri NO. 91-56 RESOLUTION OF THE BUTTE COUNTY BOARD OF SUPERVISORS AMENDING A CONFLICT OF INTEREST CODE WHEREAS, the Political Reform Act, Government Code Sections 81000, et seq., and in particular Government Code Section 87306, requires every local government agency to adopt and promulgate a Conflict of Interest Code; and WHEREAS, the County of Butte has an existing Conflict of Interest Cade, and WHEREAS, the Fair Political Practices Commission has adopted a regulation, 2 California Code of Regulations Section 18730, which contains the terms of a standard model Conflict of Interest Code, which can be incorporated by reference, and which will be amended to conform to amendments in the Political Reform A~Ct after public notice and hearing; and WHEREAS, this Board, after giving due notice, has held a public hearing to consider amending its Conflict of Interest Code and incorporating said standard model Conflict of Interest Code; and WHEREAS, incorporation by reference of the aforementioned regulation and amendments to it in a Conflict of Interest Code will save this Board time and money by minimizing the actions required of this Board to keep the codes in conformity with the Political Reform Act; and WHEREAS, this Board has determined that the attached appendices accurately set forth those positions which should be designated and the categories of financial interests which should be made reportable. BE IT NOW THEREFORE RESOLVED AS FOLLOWS: 1. All previously adopted resolutions of this Board approving conflict of interest codes are hereby rescinded. -2- 2. The terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission, along with the attachment A through D in which officials and employees are designated and disclosure categories are set forth, are hereby incorporated by reference and constitute the Conflict of Interest Code for Butte County. 3. Persons holding designated positions shall file statements of economic interest pursuant to Section 4(A) of the standard code, and file with the office listed an Attachment E. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, at a regular meeting of said Board held on the 7th day of May, 1991 by the following vote: AYES: Supervisors Campbell, Fulton, McInturf, McLaughlin and Chair Dolan NOES : None NOT PRESENT: None ATT WIL and By: NOT VOTING: None ATTACHMENT A CONFLICT OF INTEREST CODE COUNTY OF BUTTE The Political Reform Act, Government Code Section 81000, et secy., requires each state and local government agency to adopt and promulgate a conflict of interest code. 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 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 consisting of this Attachment A and Attachments B through F, in which members and employees are designated and disclosure categories are set forth, and the place of filing is specified, shall constitute the conflict of interest code of the County of Butte. Pursuant to Section 4 (A) of the standard code, designated employees shall file statements of economic interests with the agency. Upon receipt of the statements of the various designated members and employees, the designated agency shall make and retain a copy and forward the original of these statements to the place of filing, as indicated on Attachment E. 1 ATTACHMENT B CONFLICT OF INTEREST CODE COUNTY OF BUTTE PART T - DESIGNATED EMPLOYEES Under provisions of the Standard Code, designated employees shall file statements of economic interests. Listed below are the designated employees for Butte County and the appropriate schedules far filing: AGENCY/POSITION DISCLOSURE CATEGORY: ADMINISTRATION; Assistant Chief Administrative Officer Deputy Administrative Officer General Services Director Emergency Services Officer Superintendent - Buildings and Grounds Supervisor - Print Shop Supervising Storekeeper Senior Buyer * Consultants. This includes consultants whose contracts are administered by any other County department. AGRICULTURAL DEPARTMENT: Agricultural Commissioner/Director - Weights and Measures Assistant Agricultural Commissioner/Weights and Measures Manager - Agriculture Inspection/Pest Control Manager - Weights & Measures Supervisor - Agricultural Biologist Agricultural Biologist III, II, I Weights & Measures Inspector III, II, I AIR POLLUTION CONTROL Air Pollution Control Officer Supervisor ~- Air Pollution Control Specialist - Air Pollution Control Air Pollution Control Engineer ASSESSOR: Assessor Assistant Assessor Assessment Systems and Supervisor - Appraiser Appraiser III, II, I Auditor/Appraiser III, Standards Officer II, I I I I I II II II II xI I I I I I I I I T I I I I I I I I 2 AGENCY/POSITIONS: AUDITOR/CONTROLLER: Auditor-Controller Assistant Auditor-Controller Supervisor - Accounting Auditor-Accountant 111, II COUNTY CLERRIRECORDER: DISCLOSURE CATEGORY: I I VII VII Clerk-Recorder TI Assistant County Clerk/Assistant Clerk of Superior Court II Assistant Recorder TT Assistant Registrar of Voters II Senior Staff Services Specialist II COUNTY COUNSEL: Assistant County Counsel T Chief Deputy County Counsel I DISTRICT ATTORNEY: Assistant District Attorney 1 Assistant District Attorney T District Attorney investigator/Administrator I FIRE WARDEN: Fire Warden IV GRAND JURY: All Members V LIBRARY: Director - Library Service III Assistant Director - Library 111 MENTAL HEALTH: Director - Mental Health VT Manager - Mental Health Services and Program Chief VI Manager - Substance Abuse Programs VI Manager - Staff Services VT PERSONNEL: Director of Personnel V11 Assistant Director - Personnel VTT PLANNING: Director - Planning I Assistant Director - Planning I Senior Planner I Associate Planner I Assistant Planner I Planning Technicians 1 Code Enforcement Officer T 3 AGENCY/POSITIONS DISCLOSURE CATEGORY: PROBATION DEPARTMENT: Director - Probation II Deputy Chief Probation Officer II PUBLIC GUARDIAN PUBLIC ADMINISTRATOR: Public Guardian - Public Administrator VI Manager - Public Guardian/Public Administrator VI PUBLIC HEALTH DEPARTMENT: Health Officer VI Director of Public Health Nursing VI Director of Public Health Laboratory VT Director of Health Education VI Manager - Fiscal Control and Staff VT Pharmacist VI Director of Environmental Health VI Program Manager - Environmental Health VI Supervisor - Environmental Health VI PUBLIC WORKS: Director - Public Works 'V'III Assistant Director ~- Public Works VIII Civil Engineer - Supervisor VIII Civil Engineer - Senior VIII Civil Engineer - Associate VIII Civil Engineer - Assistant VIII Manager - Building Inspector VIII Plan Check Engineer VIII Building Plan Checker III, II, I VIII Building Inspector III, II, I VIII Road Superintendent VIII Supervising Storekeeper VIII Code Enforcement Officer VIII SHERIFF - CORONER: Sheriff - Coroner I Assistant Sheriff - Administration I Assistant Sheriff - Operations I Assistant Sheriff - Incarcertation I TREASURER/ TAR COLLECTOR: Assistant - Treasurer/Cash Management T Assistant - Tax Collector I Principal Cashier/Investment Officer I WELFARE: Director - Welfare Services VI Assistant County Welfare Director VI Welfare Program Manager VI 4 ATTACHMENT C CONFLICT OF INTEREST CODE COUNTY OF BUTTE PART II - COMMITTEES & COMMISSIONS Under provisions of the Standard managers and persons with contracting shall file statements of economic int agencies that are required to file: AGENCY/POSITIONS: Air Pollution Hearing Board Members Code, all voting members, power or purchasing power erests. Following are the DISCLOSURE CATEGORY: I Airport Land Use Planning Commission Members X Alternates X Executive Officer X Assessment Appeals Board Members I Alternates I Hearing Officer I Building Cade Board of Appeals Members I Alternates I Building Cade Board of Appeals - Handicapped Facilities Members I Alternates I Community Action Agency Members VI Executive officer VI Senior Program Managers VT Fiscal Officer VI Business Center Executive Director I Fair Board Board Members I Manager I Housing Authority Board Executive Director I Deputy Executive Director T Financial Officer/Accounting Manager I Board Members I 5 AGENCY/POSITIONS: DISCLOSURE CATEGORY: Overall Economic Development Program Committee Executive Director I Parole Board Board Members II Personnel Appeals Commission Commissioners IX Subdivision Advisory Agency Members I Subdivision Violation Committee Members I ATTACHMENT D CONFLICT OF INTEREST CODE COUNTY OF BUTTE DISCLOSURE CATEGORIES FOR DESIGNATED POSITIONS CATEGORY I All sources of income, interests in real property and investments and business positions in business entities located in or doing business in Butte County. CATEGORY II Investments and business positions in business entities and sources of income which provide services, supplies, materials, machinery or equipment of the type utilized by the agency. CATEGORY III Investments and business positions in business entities and sources of income which provide library services, supplies, materials, machinery or equipment of the type utilized by the library. CATEGORY IV Investments and business positions in business entities and sources of income which provide fire fighting services, supplies, materials, machinery or equipment of the type utilized by the Fire Warden. 7 CATEGORY V Any reportable interests in real property; any reportable investments and business positions held in business entities which have done business with the county government in the previous two (2) years; any reportable income from business entities which have done business with the county government in the previous two (2) years; any reportable income from individuals who are county employees. CATEGORY VI Tnvestments and business positions in business entities and income from sources which are providers of heath care services, including but not limited to pharmacies, physicians, etc. Tnvestments and business positions in business entities and/or nonprofit corporations and income from sources which may be the recipient of patient referrals for the delivery of health care services or supplies by the employee's hospitals. Tnvestments and business- positions in business entities or nonprofit corporations and income from sources which are of the type which provide consultant services to any business entity or nonprofit corporation made reportable by this disclosure category. CATEGORY VII Ail sources of income, investments and business positions in business entities located in or doing business in Butte County. CATEGORY VIII Tnvestments and business positions in business entities and sources of income which provide transportation and road services, supplies, materials, machinery or equipment for review or approval by the Public Works Department; any reportable interests in real property. 8 ~] CATEGORY I% Any income from any employee of the county. CATEGORY X Interests in real property. Investments and business positions in any business entity located in or doing business in Butte County or income from any source if the business entity or source of income manufactures or sells supplies, machinery or equipment of the type utilized by the County. Investments and business positions in any business entity or income from any source if the business entity or source of income is a contractor or subcontractor engaged in the performance of work or services of the type utilized by the County. CATEGORY XI *Consultants Consultants shall disclose pursuant to category I subject to the following limitation: The chief administrative officer of County 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. Such determination shall be a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. 9 v ATTACHMENT E CONFLICT OF INTEREST CODE COUNTY OF BUTTE PLACE OF FILING PART I - DESIGNATED EMPLOYEES: Where: County Clerk Elections Department 25 County Center Drive, Oroville, CA 95965 From the list of designated employees the Personnel Director shall be required to enclose in each appointment packet and termination packet a Form 730 - Statement of Economic Interests. The employee will submit the completed statement to his or her department, which shall make and retain a copy and forward the original to the County Clerk for filing. PART II - COMMITTEES & COMMTSSTONS Where: County Clerk Elections Department 25 County Center Drive, Oroville, CA 95965 The Clerk of the Butte County Board of Supervisors shall furnish to each designated member upon their appointment and termination a Form 730 - Statement of Economic Interests. The members will submit the completed Form 730 - Statement of Economic Interests to the Clerk of the Butte County Board of Supervisors, who shall make and retain a copy and forward the original to the County Clerk far filing. 10 ATTACHMENT F CONFLICT OF INTEREST CODE COUNTY OF BUTTE STANDARD CODE (Regulations of the Fair Political Practices Commission, Title 2, Division 6 of the California Code of Regulations) 18730. Provisions of Conflict of Interest Codes (a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Government Code Section 87300 or the amendment of a conflict of interest code within the meaning of Government Code Sectian 87306 if the terms of this regulation are substituted for terms of a canflict 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 81.000, et sea. The requirements of a canflict 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 Cade Sectian 87100, and to other state or local laws pertaining to conflicts of interest. 18730 11 (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 sea.), 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 18730 12 f those persons must report their financial interests pursuant to Article 2 of Chapter 7 of the Political Reform Act, Government Code Section 87200, et sea. 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 interests which he or she foreseeably can affect materially through the conduct of his or her office. 18730 1 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 interest 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 any original is signed and verified by the designated employee as if it were an original. See Government Code Section 81004. 13 L (4) Section 4. Statements of Economic Interests: Place of Filing. The code reviewing body sha11 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.Z (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 adapted, promulgated and approved by the code reviewing body, sha11 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 18730 2 See Government Code Section 81010 and 2 Cal. Code of Regs. Section 18115 far the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. 14 L' 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 sha11 file statements within 30 days after leaving office. (5.5) Section 5.5. Statements for Persons Who Resign 30 Days After Appointment. Persons who resign within 30 days of initial appointment are not deemed to have assumed office or left office provided they did not make or participate in the making of, or use their position to influence any decision and did not receive or become entitled to receive any form of payment as a result of their appointment. Such persons shall not file either an assuming or leaving office statement. (6} Section 6. Contents of and Period Covered b Statements of Economic Interests. (A) Contents of Initial Statements. Initial statements shall disclose any reportable 18730 15 .} . , r 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 Assumng_Offce__Statements. Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office ar, 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 praperty, 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 Leavin Office Statements. Leaving office statements shall disclose reportable 18730 16 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~Reportina. 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) Tnvestments and Real Property Disclosure. When an investment or an interest in real property3 is required to be reported,4 the statement shall contain the following: 1. A statement of the nature of the investment or interest; 18730 3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer. 4 Tnvestments and interests in real property which have a fair market value of less than $1,440 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. 17 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,5 the statement shall contain: 1. The name and address of each source of income aggregating two hundred fifty dollars ($250} or mare 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; 18730 5 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. 18 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 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. (C) Business Entity Income Disclosure. When income of a business entity, including income of a 18730 19 sole proprietorship, is required to be reported,6 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 naive 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. 18730 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 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, 20 (E) Acquisition ar Disposal During_Repcrti.nq 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. Discrualification. 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 mare; (B) Any real property in which the designated employee has a direct or indirect interest worth one thousand dollars {$1.,000) ar mare; 18730 21 (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 ($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 far a donor of, a gift or gifts aggregating $250 or more in value provided to; received by, or promised to the designated employee within 12 months prior to the time when the decision is made. (8.3) Section 8.3. Legally Required Participation. No designated employee shall be prevented from making or participating in the making of any decision to the extent his or her participation is legally required for the decision to be made. The (tact that the vote of a designated employee who is on a voting body is needed 18730 22 to break a tie does not make his or her participation legally required for purposes of this section. (8.5) Section 8.5. Disqualification of State Officers and Employees. In addition to the general disqualification provisions of Section 8, 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 transactions on terms the public, regarding real property; or (B) Engaged in transactions on terms the public regarding services totaling in ($1,D00) or more. a business transaction or not available to members of any investment or interest in a business transaction or not available to members of the rendering of goods or value one thousand dollars 18730 23 (9) Section 9. Manner of Disqua].fi.cation. 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 sha11 be made in writing to the designated employee's supervisor. (10) Section 10. Assistance of the Commission and Counsel. Any designated employee who is unsure of his or her duties under this code may request assistance from the Fair Political Practices Commission pursuant to Government Cade Section 83114 or from the attorney far his or her agency, provided that nothing in this section requires the attorney far the agency to issue any formal or informal opinion. 18730 24 (11) Section 11. Violations. This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Government Code Sections 81000 - 91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Government Code Section 87100 or 87450 has occurred may be set aside as void pursuant to Government Cade Section 91003. Note: Authority cited: Section 83112, Government Cade. Reference: Sections 87300-87302, Government Code. History: (1} New Section filed 4/2/80 as an emergency; effective upon filing. (2) Editorial correction {3) Amendment of subsection (b) filed 1/9/81; effective thirtieth day thereafter {4) Amendment of subsection (b)(7)(B)1. filed 1/26/83; effective thirtieth day thereafter {5} Amendment of subsection (b)(7)(A) filed 11/10/83; effective thirtieth day thereafter {6} Amendment filed 4/13/87; operative 5/13/87 {7} Amendment of subsection (b) filed 10/21/88; operative 11/10/88 (8} Amendment filed 8/28/90; operative 9/27/90 25