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HomeMy WebLinkAbout93-086RESOLUTION OF THE BUTTE COUNTY BOARD OF SUPERVISORS AMENDING A CONFLICT OF INTEREST CODE WHEREAS, on May 7, 1991, the Butte County Board of Supervisors, by Resolution No. 91-56, adopted a Conflict of Interest Cade, a listing of Designated Employees, and a listing of committees and commissions pursuant to the Fair Political Practices Act; and WHEREAS, the County of Butte has reviewed the Conflict of Interest Code, the list of Designated Employees and the list of committees and commissions on a periodic basis as required by the Fair Political Practices Act; and WHEREAS, after conducting such review, the listings of Designated Employees and the committers and commissions require modification. BE IT NOW THEREFORE RESOLVED, as follows: 1. That the listing of Designated Employees as set forth in the Code adapted by Resolution #91-Sb be replaced fully and completely by the list of Designated Employees which accompanies this resolution and which list bears the revision date of January 22, 1993. This attachment shall therefore supplant the former Attachment B to the County Conflict of Interest Cade and become the applicable and valid Attachment B to that Code. 2. The listing of committees and commission, the members of which are required to file Conflict of interest Statements, be replaced fully and completely with the listing of commissions and committees which accompanies this resolution. This attachment shall therefore supplant the former Attachment C to the County Conflict of Interest Code and become the applicable and valid Attachment C to that code. PASSED AND ADOPTED by the Butte County Board of Supervisors this 22nd day of ~'une , 1993 by the following vote: A'YES~ Supervisors Da].an, McLaughlin, Meyer, Thomas and Chair Houx NOES: None ABSENT: None NOT VOTING: None i 3 Mary A e Houx, Chair Butte County Board of Supervisors ATTEST: JOHN BLACKLOCK, Chief Administrative Officer and Clerk of the and of Supervisors 1 ~ WP511COIVFLICT.RES ATTACHMENT B CONFLICT OF INTEREST CODE COUNTY OF BUTTE PART I -DESIGNATED EMPLOYEES Under provisions of the Standard Code, designated employees shat[ fife statements of economic interests. 1_isted below are the designated employees for Butte County and the appropriate disclosure category for filing the statement of economic interests: AGENCY/POSITION DISCLOSURE CATEGORY ADMINISTRATION: Assistant Chief Administrative Officer Deputy AdministratNe Offcer General Services Director Emergency Services Director Telecommunications Officer/Emergency Services Manager -Facilities Superintendent - Buildings and Grounds Graphics Communications Supervising Storekeeper Procurement Administrator Buyer Specialist -Purchasing Risk Manager Administrative Analyst AGRICULTURE: Agricultural Commissioner/Director Weights-Measures Assistant Agricultural Commissioner/Director Weights-Measures Deputy Agricultural Commissioner Deputy Director of Weights and Measures Supervisor -Agricultural Biologist AIR POLLUTION CONTROL: Air Pollution Control Officer Assistant Air Pollution Control Officer Specialist -Air Pollution Control Air Pollution Control Engineer ASSESSOR: Assessor Assistant Assessor Assessment Systems and Standard Officer Supervisor -Appraiser Supervisor -Auditor/Appraiser ASSESSOR ~ CONTINUED: Senior Appraiser Appraiser III, Il, I Auditor/Appraiser II ALIDITORJCONTROLLER: Auditor/Controller Assistant Auditor/Controller Supervisor -Accounting Supervisor -Tax Accounting COUNTY CLERK RECORDER: Clerk-Recorder Assistant County Clerk/Assistant Clerk to the Superior Court Assistant County Recorder Assistant Registrar of Voters COUNTY COiiNSEL: Assistant County Counsel Chief Deputy County Counsel Paralegal DEVELOPMENT SERVICES: Director-Development Services Code Enforcement Officer DEVELOPMENT SERVICES - BiIILDING INSPECTION: Manager Building Inspector Plan Check Engineer Supervisor -Building Inspection Supervising Building Inspection Building Plan Checker III, II, 1 Building Inspector II, I Supervisor Building Standards and Training Supervisor Building Inspection Support Services DEVELOPMENT SERVICES -PLANNING: Director -Planning Assistant Director -Planning Senior Planner Assistant Planner Associate Planner Planning Technician DEVELOPMENT SERVICES - SIiBDIVISION INSPECTION: Civil Engineering -Supervisor Civil Engineering _ Assistant Civil Engineering -Associate/Senior DISTRICT ATTORNEY: Assistant District Attorney District Attorney Chief Investigator/Administrator FIRE DEPARTMENT: Fire Warden LIBRARY: Director -Library Services Assistant Director -Library MENTAL HEALTH: Director -Mental Health Manager -Mental Health Services and Program Chief Manager -Substance Abuse Programs Assistant Director -Mental Health Administration Substance Abuse Programs Administrator NORTH COUNTY MUNICIPAL COURT; Municipal Court Administrator Assistant Municipal Court Administrator PERSONNEL: Director -Personnel Assistant Director -Personnel PROBATION: Chief Probation Officer Chief Deputy Probation Offcer PUBLIC GUARDIAN -PUBLIC ADMINISTRATOR: Public Guardian/Public Administrator Public Guardian/Public Administrator Specialist PUBLIC HEALTH: Health Offcer Director of Public Health Nursing Director of Public Health Laboratory Assistant Director-Public Health Administration Pharmacist Director of Environmental Health Program Manager-Environmental Health Supervisor-£nvironmenta[ Health PUBLIC waRlcs; Director -Public Worlcs Assistant Director -Public Works Civil Engineering -Supervisor Civii Engineering -Senior Civil Engineering -Associate Road Superintendent Supervising Storekeeper SHERIFF -CORONER: Sheriff -Coroner Assistant Sheriff -Services Assistant Sheriff -Operations Assistant Sheriff -Corrections SOUTH COUNTY MUNICIPAL COURT: Municipal Court Administrator Assistant Municipal Court Administrator SUPERIOR COURT: Clerk of the Superior Court Superior Court AdministratNe Officer/Jury Commissioner Superior Court Staff Attorney 11 TREASURER/TAX COLLECTOR: Assistant - TreasurerlCash Management Assistant -Tax Collector Principal Cashier/Investment Offcer Manager -Revenue and Reimbursement WELFARE: Director -Welfare Services Assistant County Welfare Director Welfare Program Manager 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/P~BITI~NS: Air Pollution Hearing Board Members Code, all voting members, power or purchasing power crests. Following are the DISCLOSIIRE 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 Code Board of Appeals Members I Alternates I Building Code Board of Appeals - Disabled Access Members I Alternates I Business Center Executive Director I Community Action Agency Members VT Executive Officer VI Senior Program Managers VI Fiscal Officer VI Development Review Committee Members I Fair Board Board Members T Manager I AGENCY/POSITIONS: Housing Authority Board Executive Director Deputy Executive Director Financial officer/Accounting Manager Board Members Human Services Coordinating Council Members Land Conservation Act Committee Members DISCLOSIIRE CATEGORY: I I I I I I Local Task Force for California Integrated Waste Management Members I Overall Economic Development Program Committee Executive Director I Parole Board Board Members II ~~ R~solufiou N0. 91-55 RESOLUTION OF THE BUTTE CpUNTY BOARD D~' 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 Cade; and WHEREAS, the County of Butte has an existing Conflict of Interest Code, and WHEREAS, the Fair Political Practices Commission has adopted a regulation, 2 California Cade of Regulations Section 7.8730, which contains the terms of a standard model Conflict of Interest Code ,t which can be incorporated by reference, and which will be amended to conform to amendments in the Political Ref arm Act after public notice and hearing; and WHEREAS, this Board, after giving due notice, has held a gublic hearing to consider amending its Conflict of Interest Cade 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 NDW THEREFDRE RESDLVER AS FOLLOWS: 1. All previously adapted resolutions of this Board approving conflict of interest codes are hereby rescinded. ATTACHI~ZENT A CONFLICT OF INTEREST CODE COUNTY OF BUTTE The Political Reform Act, Government Code Section 81.000, et se ., requires each state and local government agency to adopt and promulgate a conflict of interest code. The Fair Political Practices Commission has adopted a regulation, 2 Cal. Code of Regs. Section 28730, which contains the terms of a standard conflict of interest code.. Yt 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 18734 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference ands, 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 ..~ - • AGENCY/POSITIONS: AUDrTOR/CONTROLLER: - Auditor-Controller _ Assistant Auditor-Contro].3.er Supervisor - Accounting Auditor-Accountant III, II COIINTY CLERK RECORDER: DISCLOSURE CATEGORY: I vzz VIT Clerk-Recorder II Assistant County Clerk/Assistant Clerk of Superior Court II Assistant Recorder ~ II Assistant Registrar. of Voters II Senior Staff Services Specialist II COIINTY COUNSEL' Assistant County Counsel I Chief Deputy County Counsel I DISTRICT ATTORNEY: Assistant District Attorney I Assistant District Attorney I District Attorney Investigator/Administrator I FIRE AARDEN• Fire Warden IV GRAND JURY: All Members V .LIBRARY: Director - Library Service III Assistant Director - Library III MENTAL HEALTH: Director - Mental Health ~ VI Manager - Mental Health Services and Program Chief VI Manager - Substance Abuse Programs VI Manager - Staff Services VI PERSONNEL: Director of Personnel VII Assistant Director - Personnel VII FLANKING: Director - Planning I _ Assistant Director - Planning I Senior Planner I Associate Planner I Assistant Planner I Planning Technicians I Code Enforcement Officer I 3 -. .~ ~. _ f E ATTACHMENT C CONFLICT OF INTEREST CODE COUNTY OF BUTTE PART II - CDMMITTEES & 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 Airport Land Use Planning Commission Members Alternates Executive Officer Assessment Appeals Board Members Alternates Hearing Officer Building Code Board of Appeals Members Alternates Cade, all voting members, power or purchasing power erects. Fallowing are the DISCLOSURE CATEGORY: I Building Code Board of Appeals - Handicapped Facilities Members Alternates Community Action Agency Members Executive officer Senior Program Managers Fiscal Officer Business Center Executive Director Fair Board Board Members Manager Housing Authority Board Executive Director Deputy Executive Director Financial Officer/Accounting Manager Board Members X X X I T I t .. I T I VI VI VI VI I I I I T T I 5 . ~ - 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 ar 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 bar the agency. i 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 . r. - CATEGORY IX Any income from any employee of the county. CATEGORY R 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 SCI *Consultants Consultants shall disclose pursuant to category I sub3ect 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 !~ ATTACHMENT F CONFLICT OF INTEREST CODE COUNTY OF BUTTE STANDARD CODE (Regulations of the Fair Political Practices Commission, Title 2, Division b 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 Cade 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 sea. The requirements of a conflict of interest Cade are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in~Government Code Section 87100, and to other state or local laws pertaining to conflicts of interest. 18730 11 those persons must report their financial interests pursuant to Article 2 of Chapter 7 of the Political Reform Act, Government Code Section 87200, et seg. 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 ar 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. Tt 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. 1.s 730 ~ 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 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} Leavin 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 Resi n 30 Da s After A ointment. 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 farm of payment as a result of their appointment. Such persons shall not file either an assuming or leaving office statement. y(6} Section 6. Contents of and Period Covered b Statements of Economic Interests. (A) Contents of Initial Statements. Initial statements shall disclose any reportable 1873Q 15 .. _ ` .i ~_ 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 Re ortin . Statements of economic interests shall be made on forms prescribed by .the Fair Political Practices Commission and supplied by the agency, and shall contain the following information: (A) Investments and Real Pro ert 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; i 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 Investments and interests in real property which have a fair market value of less than $3.,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. 17 r 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,aa0) or less, greater than one thousand dollars ($1,oaa), or greater than ten thousand dollars 3. A description of the consideration, if any, for which the income was received; 4. ~n 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; t ~. In the case of a loan, the annual interest rate and the security, if any, given . for the loan, (C) Business Entit Income Disclosure. When income of a business entity, including income of a 1$73a 19 • (E) Acquisition or Dispasal_Durina Reportinct Period. In the case of an annual or leaving office statement, if an investment ox 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. 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 reasan 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 ar 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 ar indirect interest worth one thousand dollars ($1,000) or mare; 18730 ~i to break a tie does not make his or her participation legally required far purposes of this section. (8.5) Section 8.5. Disqualification of State_ . Officers and Em to ees. Tn 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, ar any member of his or her immediate family has, within 1.2 months prior to the time when the official action is to be taken: (A) Engaged in a business transaction or i 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 ($7.,000) or more. 1.8730 23 (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 Code Section 910x3. Note; Authority cited: Section $312.2, 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 2./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 11/2.0/83; 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