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Home My WebLink About04.l. Adopt FPPC Form 806, Agency Report of Public Official AppointmentsBoard Meeting Date: September 6, 2012 subject: ADOPTION OF FAIR POLITICAL PRACTICES COMMISSION FORM 806, "AGENCY REPORT OF PUBLIC OFFICIAL APPOINTMENTS," AND DIRECTING ITS POSTING ON THE DISTRICT WEBSITE Submitted By. Initiating Dept. /Div.: Elaine R. Boehme Administrative Department/ Secretary of the District Secretary of the District REVIEWED AND RECOMMENDED FOR BOARD ACTION: Elaine R. Boehme Kenton L. Alm Ann E. Farrell, Secretary of the District District Counsel General Manager ISSUE: A revised Fair Political Practices Commission (FPPC) regulation allows public officials to vote on their own appointments to compensated positions on various types of boards, commissions and committees. It also requires public agencies to list detailed information concerning the compensation and term. The regulation states that each public agency should prepare and adopt a Form 806 identifying all of the current paid appointments and post it on the agency's website. RECOMMENDATION: It is recommended the Board adopt Form 806 listing all appointments made by the Board for which compensation is received, and direct the Secretary of the District to post it on the District's website. FINANCIAL IMPACTS: None. ALTERNATIVES /CONSIDERATIONS: None. Not to do so would be in violation of the FPPC regulation. BACKGROUND: In March of this year, the FPPC voted to adopt an amendment to California Code of Regulation, Title 2, Section 18705.5 (attached). The new regulation now clearly authorizes public officials to vote on their own appointments to compensated positions on various types of boards, committees and commissions. However, before a public official may participate in a decision to appoint themselves to a compensated position, Section 18705.5 requires a new Form 806 be adopted by the public agency and posted on its website. Form 806, adopted by the FPPC in May, requires public agencies to list the following: (1) each appointed position for which compensation is paid; (2) the salary or stipend for each appointed position; (3) the name of the public official who has been appointed to the position and the name of the public official, if any, who has been appointed as an alternate; and (4) the term of the position. The FPPC regulation states POSITION PAPER Board Meeting Date: September 6, 2012 Subject: ADOPTION OF FAIR POLITICAL PRACTICES COMMISSION FORM 806, "AGENCY REPORT OF PUBLIC OFFICIAL APPOINTMENTS," AND DIRECTING ITS POSTING ON THE DISTRICT WEBSITE that each public agency should prepare and adopt a Form 806 identifying all of the current paid appointments and post it on the agency's website. The Secretary of the District has compiled the necessary information on committees or boards for which compensation is received and which were appointed by the Board. These comprise standing committees, ad hoc committees, Board city /county liaison appointments, LAFCO and Contra Costa Special Districts Association representatives. District Counsel Kent Alm has reviewed the regulation and concurs with the FPPC opinion that it applies to internal as well as external appointments. RECOMMENDED BOARD ACTION: Adopt FPPC Form 806 listing all Board Member appointments for which compensation is received and which were appointed by the Board. Direct the Secretary of the District to post and maintain current the Form 806 on the District's website. ATTACHMENTS: 1. § 18705.5. Materiality Standard: Economic Interest in Personal Finances 2. Form 806 N:\ADMINSUP\ADMIN\DIST- SEC \Position Papers \2012 \PP -FPPC Regulation.doc ATTACHMENT 1 (Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of Regulations) § 18705.5. Materiality Standard: Economic Interest in Personal Finances. (a) A reasonably foreseeable financial effect on a public official's or his or her immediate family's personal finances is material if it is at least $250 in any 12 -month period. When determining whether a governmental decision has a material financial effect on a public official's economic interest in his or her personal finances, neither a financial effect on the value of real property owned directly or indirectly by the official, nor a financial effect on the gross revenues, expenses, or value of assets and liabilities of a business entity in which the official has a direct or indirect investment interest shall be considered. (b) The financial effects of a decision which affects only the salary, per diem, or reimbursement for expenses the public official or a member of his or her immediate family receives from a federal, state, or local government agency shall not be deemed material, unless the decision is to appoint, hire, fire, promote, demote, suspend without pay or otherwise take disciplinary action with financial sanction against the official or a member of his or her immediate family, or to set a salary for the official or a member of his or her immediate family which is different from salaries paid to other employees of the government agency in the same job classification or position, or when the member of the public official's immediate family is the only person in the job classification or position. (c) Notwithstanding subsection (b), pursuant to Section 82030(b)(2) and Regulation 18232, a public official may make, participate in making, or use his or her official position to influence or attempt to influence, a government decision where all of the following conditions are satisfied: (1) The decision is on his or her appointment as an officer of the body of which he or she is a member (e.g., mayor or deputy mayor), or to a committee, board, or commission of a public agency, a special district, a joint powers agency or authority, a joint powers insurance agency or authority, or a metropolitan planning organization. (2) The appointment is one required to be made by the body of which the official is a member pursuant to either state law, local law, or a joint powers agreement. (3) The body making the appointment referred to in paragraph (1) adopts and posts on its website, on a form provided by the Commission, a list that sets forth each appointed position for which compensation is paid, the salary or stipend for each appointed position, the name of the public official who has been appointed to the position and the name of the public official, if any, who has been appointed as an alternate, and the term of the position. COMMENT: Cross- references: For the definition of "immediate family," see Government Code section 82029. Note: Authority cited: Section 83112, Government Code. Reference: Sections 87100, 87102.5, 87102.6, 87102.8 and 87103, Government Code. HISTORY 1. New section filed 11- 23 -98; operative 11 -23 -98 pursuant to the 1974 version of Government Code section 11380.2 and title 2, California Code of Regulations, section 18312(d) and (e) (Register 98, No. 48). 2. Change without regulatory effect amending section heading filed 3 -26 -99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 13). 3. Editorial correction of History 1 (Register 2000, No. 25). 4. Amendment of section heading and section filed 1- 17- 2001; operative 2 -1 -2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office ofAdministrative Law, 3 Civil CO 10924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 3). 5. Amendment of subsection (a) filed 1 -16 -2002; operative 2 -15 -2002 (Register 2002, No. 3). 6. Amendment of subsection (b) filed 6 -21 -2005; operative 7 -21 -2005 (Register 2005, No. 25). 7. Amendment of subsection (a) filed 12 -18 -2006; operative 1 -17 -2007. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office ofAdministrative Law, 3 Civil CO 10924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2006, No. 51). 8. New subsections (c)- (c)(3) filed 4 -23 -2012; operative 5 -23 -2012. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office ofAdministrative Law, 3 Civil CO 10924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2012, No. 17). Agency Report of; Public Official Appointments 1. Agency Name CENTRAL. CONTRA COSTA SANITARY DISTRICT Division, Department, or Region (1fApplicable) esignated Agency Contact (Name, Title) ELAINE R. BOEHME, SECRETARYOF THE DISTRICT (925) 229 -7303 2. Appointments eboehme@centralsan.org ATTACHMENT 2 For Official Use Only Page 1 of 4 I (Month, Day, Year) aaairaegx ovarua nrtu Ccrnmissloris Ngme o AAppafrtted Person ..a.p. ....... ... p.. Length of Term , ilarylstipend er ee rata l'qA Budget and Finance McGill, Michael 01 01 12 185 ! Per Meeting. $ Committee Warne ► / (Last, F,,V) _ Appt Dery ! Estimated Annuat: ► 12 months ❑ $041,00D ❑ $2,001 - $3,000 Alternate, if any Length of Term (Lam, Arw) ❑51,00442,000 $4,810 oche, !Name Nejedly, James > 01 / 01 / 12 (Last. Fast) APPt Data Alternate, 9 any ► 12 months (Last, AraQ Length of Term ► Per Meeting: $ 185 ! Estimated Annual: ❑s0- s1,000 ❑32,001- 33,000 0$1,001 - 32,000 M___14,810 We, Capital Projects McGill, Michael 185 Committee ►Name > Q1 / 01 / 12 ►PerMeenng: 5 (Last, Fast) - Appt Dala ► Estimated Annual,• Alternate, if any ► 12 months ® 30- $1,000 ❑ 62,001 (Lost Fuss) LengfhofTerm - 53,400 ❑ $1,00142,000 ❑ other „ ►Name HOckett, Barbara ! 01 / 01 / 12 ! Per Meeting: $ 185 (Leaf. Ariz) MPf Date ► EslimatedAnnual Alternate, K any ` 12 months 0$041,000 0$2,00143,000 (Cast. Fiat) Length o) Term [:1$1,001-$2,000 ❑ sear 3. Verification I have read and understand FPPC Regulation 18705.5. /have verified that the appointment and Information idenfirred above is true to the beat of my information and befief Elaine R. Boehme Secretary of the District Signature of Agency Head or Designee Print Name Title (Month, Day, Year) Comment: FPPC Form 806 (5112) FPPC Toil -Free Helpline; 866/ASK-FPPC (8661275 -3772) Agency Report of: Public Official Appointments Continuation Sheet California ��+ Form V A Public Docume of 1. Agency Name CENTRAL CONTRA COSTA SANITARY DISTRICT Date Posted: (Month, Day ear) 2. Appointments a Household Hazardous 185 Waste Committee Williams, David ► 01 / 01 / 12 ►PerMeeling: $ ►Name (Lest. Fusr) �� ► Estimated Annual.• 12 months ► ®$4-$1,000 ❑$2,001 - $3,000 Alternate, if any Length or term fL�L Frrrtl ❑ $1,041- 52,b00 ❑ Omer u Menesini, Mario ► 01 / 01 / 12 ► Per Meettng: $ 185 ►Name (Last, FiSlj 'taw Dam ► Estimated Annual: 12 months !9 $0-$1,000 ❑ $2,00143,000 Alternate, if any L&VA ofTam {Last Fast) 051,001- $2,000 ❑ other Human Resources 185 Committee ►dame Hockett, Barbara ► 01 / 01 / 12 ►Per Meeting: $ Appt Dab ► Estimated Annual: (Last. Fusti 12 months 0$0- $1,000 [1$2,001-$3,000 Alternate, if any ► (Last. Feet) Length of rerm ❑ $1,001 42,000 ❑ Other n ►Name Williams, David ! 01 / 01 / 12 ► Per Meeting: $ 185 ' Apwtlam ► EsBmatedAnnuat (Last Post) 12 months 9$0- $1,000 ❑$2,001 - $3,000 Alternate, if any ► (WSI, Fasq Length of Tartu ❑ $1,00142,000 ❑ Other Outreach Committee 185 ►Name Menesini, Mario ► 01 / 01 / 12 ► PerMeeBng: $ Appt Data ► Estimated Annual: (Last. First) 12 months ® $041,000 ❑$2,001- $3,000 Alternate, if any ► (Last, Fas@ Length of Tartu (3 $1,00142,000 ❑ oNror ' Williams, David ® 01 / 01 / 12 ► PerMeettng: $ 185 ►Name (Lest Fa31) Apw Data ! Estimated Annual., 12 months 0$0- $1,000 ❑$2,00143,000 Alternate, if any ► ' {LaN, First) 4anglhai Tartu ❑$1,00142,000 ❑i_, Done, FPPC Form 806 (5112) FPPC Tall -Free Helpline: 866/ASK-FPPC (8661275 -3772) f r! Continuation 1. Agency Name CENTRAL CONTRA COSTA SANITARY DISTRICT 2. Appointments Aaanev Boards and California —6 Form • r• Date Posted: Real Estate Committee Name 1 g5 Menesini, Mario ► 01 / 01 / 12 l, Per meeting: s ► (Lau' FkV) Aapt Oat ► Estimated Annual: Alternate, if any > 12 months d $041,000 ❑ $2,00143,000 (Last. Firq) teaplh a! Farm 051,001- $2,000 ❑ omar Nejedly, James ► 01 / 01 / 12 ► Per meeting: $ 185 Warne a'3r' A7 t t °ate ► Estimated Annual., Alternate, ff any ► 12 months 0 50- 51,000 ❑ 52,001 - 53,000 (Last, Flat) Length of Tarm ' ❑ 51,00142,000 ❑ Other Recycled Water 185 Committee ►Name Hockett, Barbara 1, 01 / 01 / 12 ► PerMaeting: $ APO Date ► Estimated Annual., (Last. Fear) ► 12 months [0$0-$1,000 ❑ $2,001 - $3,000 Alternate, if any Length of Term (Last, First) ❑ 51,001 42,000 ❑ Other Nejedly, James ► 01 / 01 / 12 r PerMeeling: $ 185 ►Name (Last, First) Aypt Data ► Estimated Annual. 12 months ® $041,000 0$2,001- $3,000 Alternate, if any ► (Last, Firsf) tarplh of Tenn C1 $1,00142,000 ❑ Other Board Liaison to: 185 Nejedly, James 01 / 01 / 12 ► Per meeting: $ City of Concord ►Name (La"•FAd) AppfOate ► EsNmatedAnnuat Contra Costa County 12 months ®$0- $1,000 []$2,001-$3,000 Alternate, if any ► {Last Frrap Length of Tarm 0$1,001 - $2,000 ❑ Other Board Liaison to: 185 Hockett, Barbara ► 01 / 01 / 12 ► Per Meeting: $ Alamo ►Name (Last,Faat) Mf?tDaft ►EstimatedAnnuat: Danville San Raman 12 months SO-$1,000 ❑ $2,001- 53,000 Altemate, if any ► (Last, F>rsf} Length of Term ❑51,00142,000 ❑ Other FPPC Form 806 (5112) FPPC Toll -Free Helpiine: 866 /ASK -FPPC (8661275 -3772) Agency Report • i • s: Continuation Sheet le F%Uv {147 a7Q11rri , r'FNTRAI r..nNTRA r`O.gTA gANITARY Ill .qTRIr T Lima J•iy1•tNLita•s_M California Form �O6 Public Document page 4 of 4 Board Liaison 40: 185 McGill, Michael ► 01 / 01 / 12 ► Per Meeting: $ Pleasant Hill ►Name (Law, Ffrxf) Appt Date ► EstlmatedAnnuat: Walnut Creek 9$041,000 ❑$2,001-$3,000 12 months ► Alternate, if any Length of Term (Last Fast) 0$1,001- $2,000 ❑ omor Board Liaison to: 185 Menesini, Mario ► 01 / 01 / 12 ► PerMeeNng: $ Martinez /Name (Lam.Amfj Appf Date ), EstlmatedAnnuah Pacheco ❑x $0-$1,000 ❑$2,001- $3,000 ► 12 months Alternate, if any LshglA a<Tem (Last, Fast) ❑ $1,001 42.000 ❑ Other Board Liaison to: Moraga Orinda Lafayette Representative to Contra Costa Chapter of California Special Districts Association (CSDA) Special Districts representative for Contra Costa Local Agency Formation Commission (LAFCO) ►Name Williams, David ► 01 / 01 / 12 (Last. Firm) AM Dale Alternate, it any ► 12 months (Last. FBSy Lmgth of Term /Name McGill, Michael ' 01 / 01 / 12 (Lam. bay App(Date any Alternate, N Williams, David 12 months ► (Last, Fast' Length of Tartu ►Name McGill, Michael ► 05 / 07 / 12 (Las. Fast) ApW Go!. Alternate, if any `> 4 years (LUm, Fast I Length of Term ►Per Meeting: $ 185 ► EsBmatedAnnuat 4^_t SO- 5"1,000 ❑ $2,001- $3,000 ❑ $1.001- $2,000 ❑ Other ► Per Meef . $ 185 ► EsfimatedAnnuat ®'$0-$1,000 0$2,001- $3,000 ❑$1,001-$2,000 ❑ Other 1 Per Meefing: $ 150 ► Estimated Annual: ❑ $0- 51,000 ® $2,00143,000 ❑$1,001- $2,000 ❑� Other ►Name ► ► Per Meeting: $ Gast. Fesy App? Dafo Y Estimated Annual: Alternate, if any ► 171 $0-$1,000 ❑ $2,001- $3,000 (Lam, Fast) Length of Term [3 ❑ 51.001 - 52,000 O her FPPC Form $06 (5112) FPPC Toll -Free Helpline: 866/ASK-FPPC (8661275 -3772)