HomeMy WebLinkAbout04.f. Rescind and reset public hearing to amend Conflict of Interest CodeCentral Contra Costa Sanitary District Y_f�
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: November 1, 2012
Subject: RESCIND PUBLIC HEARING PREVIOUSLY SET FOR NOVEMBER 1, 2012
AT 2:00 P.M. TO CONSIDER AMENDING DISTRICT CODE CHAPTER 2.20 AND
AMENDING AND ADOPTING THE DISTRICT'S CONFLICT OF INTEREST CODE,
AND SET NOVEMBER 15, 2012 AT 2:00 P.M. AS THE NEW DATE AND TIME FOR
SAID PUBLIC HEARING
Submitted By
Elaine R. Boehme
Secretary of the District
Initiating Dept. /Div.:
Administrative Department
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
C�
Elaine R. Boehme
Secretary of the
District
Kent Alm, Esq.
District Counsel
0--
Ann E. Farrell
General Manager
ISSUE: The Political Reform Act of 1974 requires every local government agency to
review its Conflict of Interest Code every other year. The Board is requested to hold a
public hearing amending the District Code and adopting and amending the District's
Conflict of Interest Code to incorporate necessary revisions.
RECOMMENDATION: Rescind the public hearing previously set for 2:00 p.m. on
Thursday, November 1, 2012 and reset it for Thursday, November 15, 2012 at 2:00 p.m.
FINANCIAL IMPACTS: None.
ALTERNATIVES /CONSIDERATIONS: The Board could choose to reject or amend the
proposed revisions.
BACKGROUND: On October 18, 2012, the Board set November 1, 2012 at 2:00 p.m.
as the date and time for a public hearing to consider amending District Code Chapter
2.20, "Conflict of Interest Code" and adopting a resolution amending and adopting the
District's Conflict of Interest Code. However, due to publishing requirements and
newspaper deadlines, proper notice could not be given in time for a public hearing to be
duly noticed on November 1St. Therefore, staff recommends that the public hearing be
reset to November 15, 2012 to allow time to meet publishing deadlines.
The Political Reform Act of 1974 requires every local government agency to review its
Conflict of Interest Code every other year, and the Fair Political Practices Commission
(FPPC) sets the guidelines for such codes. Staff and District Counsel have undertaken
a comprehensive in -depth review of the District's Conflict of Interest Code, including the
list of Designated Positions and the Disclosure Categories, to more closely mirror those
POSITION PAPER
Board Meeting Date: November 1, 2012
subject RESCIND PUBLIC HEARING PREVIOUSLY SET FOR NOVEMBER 1, 2012
AT 2:00 P.M. TO CONSIDER AMENDING DISTRICT CODE CHAPTER 2.20 AND
AMENDING AND ADOPTING THE DISTRICT'S CONFLICT OF INTEREST CODE,
AND SET NOVEMBER 15, 2012 AT 2:00 P.M. AS THE NEW DATE AND TIME FOR
SAID PUBLIC HEARING
recommended by the FPPC, and to ensure that those job classifications meeting the
criteria for being a "Designated Position" are included.
People holding designated positions (referred to as "designated filers ") are those who
the District has determined will make or participate in making governmental decisions
and who could forseeably be affected materially by those decisions. Designated filers
are required to disclose via annual filings of FPPC Form 700, Statement of Economic
Interests, personal economic information based upon various disclosure categories as
set forth in the Conflict of Interest Code. Disclosure categories vary according to the
position held by designated filers.
After review of job classifications by the General Manager, Finance Manager and
Human Resources Manager, several new designated positions have been added to the
District's revised Conflict of Interest Code. The Disclosure Categories also have been
revised to reflect the FPPC guidelines. Finally, the District Code is also being revised to
move most of the Conflict of Interest requirements into a Board resolution, which can be
updated as necessary, thus reducing the frequency of District Code amendments.
Those affected by the proposed amendments have been given the opportunity to
comment and are aware of the changes.
RECOMMENDED BOARD ACTION: Reset the public hearing to consider amending
District Code Chapter 2.20, "Conflict of Interest Code" and adopting a resolution
amending and adopting the District's Conflict of Interest Code, previously set for
Thursday, November 1, 2012, at 2:00 p.m. to Thursday, November 15, 2012 at 2:00 p.m.
N:WDMINSUPWDMIN \DIST- SEC \Position Papers\2012 \PP- Rescind and reset PH re COI Update.doc