Loading...
HomeMy WebLinkAbout05.b. Public hearing to amend and adopt Conflict of Interest CodeS. b. 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 SUGGESTED AGENDA November 15, 2012 1. Request staff presentation 2. Public Hearing: a. Open public hearing b. Receive public comments C. Close public hearing 3. Board deliberation on matter 4. Recommended Action: Adopt Ordinance 275 amending Chapter 2.20 of the District Code, and adopt a resolution amending and adopting the District's Conflict of Interest Code. Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: November 15, 2012 Subject: 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 Submitted By Initiating Dept. /Div.: Elaine R. Boehme Administrative Department Secretary of the District REVIEWED AND RECOMMENDED FOR BOARD ACTION: Elaine R. Boehme Secretary of the District Kent Alm, Esq. District Counsel 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: Hold the public hearing. Adopt Ordinance 275 amending Chapter 2.20 of the District Code, and adopt Resolution 2012 -090 amending and adopting the District's Conflict of Interest Code. FINANCIAL IMPACTS: None. ALTERNATIVES /CONSIDERATIONS: The Board could choose to reject or amend the proposed revisions. BACKGROUND: 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 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 POSITION PAPER Board Meeting Date: November 15, 2012 subject. 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 set forth in the Conflict of Interest Code. Disclosure categories vary according 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 current FPPC guidelines. Finally, the District Code is 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. The Contra Costa County Board of Supervisors is the District's Code - Reviewing Body. Once approved by the Board, the revised Conflict of Interest Code will be sent to the Board of Supervisors for approval. Those affected by the proposed amendments have been given the opportunity to comment and are aware of the changes. RECOMMENDED BOARD ACTION: Adopt Ordinance 275 amending District Code Chapter 2.20, "Conflict of Interest," and adopt Resolution 2012 -090 amending and adopting the District's Conflict of Interest Code. Attachments: Attachment A: Strikeout of Conflict of Interest Code Attachment B: Ordinance No. 275 Attachment C: Strikeout of District Code Attachment D: Resolution 2012 -090 N:WDMINSUP\ADMIN \DIST- SEC \Conflict of Interest (re FPPC Form 700) \COI REVAMP\PP -PH COI Update (11- 15- 12).doc ATTACHMENT A DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT CONFLICT OF INTEREST CODE Incorporation of FPPC Regulation by Reference Title 2, Section 18730 of the California Code of Rec that regulation subsequently adopted by the Fair Political F incorporated in this Conflict of Interest Code by reference. Code - Reviewing Body Alations and any amendments to ractices Commission are herebv The Contra Costa County Board of Supervisors is the Code - Reviewing Body for this Conflict of Interest Code. Place and Time of Filing 1. All em the original with the 2. The S interests. shall mak( es required to submit a statem rests shall file A. Member, Board of Directors B. General Manager C. Director of Administration D. Director of Engineering E. Finance Manaaer For purposes of FPPC regulations, the Secretary of the District is considered the "filin official" for the above five positions. 3. The Secretary of the District shall keep the original statements of economic interests filed by persons in all other positions. For purposes of FPPC regulations the Secretary of the District is considered the "filing officer" for these other positions. Public Records Statements of economic interests are public records subject to Government Code section 81008, and are available for public inspection not later than the second business da following the day on which the statement was received. Disqualification Emplovees in positions desiqnated below shall disqualifv themselves from makina or participating in the making of any governmental decision when it is reasonably foreseeable that a financial interest of the employee may be materially affected by the decision. The employee shall not be required to disqualify himself or herself with respect to any matter which could not be leqallv acted upon or decided without the emplovee's participation. Officials Who Manage Public Investments government Code Section 872 statements of economic inl stment aolicies ons. or a Central Contra Costa Sanitary District Conflict of Interest Code ?/? ?/2012 n -oving or establishi 11 14 1- -- 1- - -- -1 -t- )ugnc monies listed below manage public investments and will file a statement of economic i be disqualified from participation as described above: Disclosure Category 1. Member, Board of Directors 1 2. General Manager 1 3. Director of Administration 1 4. Director of Engineering 1 5. Finance Manaaer 1 Disclosure Statement and Designated Positions Each emolovee in the positions designated b ile in office. a statement a Form 700) disclosing that employee's inters designated as reportable under the disclosure assianed. Emplovees in these "designated nc r shall file. Won assumina and tions )f economic interests (also known tments, real property, and income to which the employee's position 1 'e those who the District has determined will make or particir) ate in makina aovernmental decisions and who could e Designated Positions Disclosure Categories 1. Member, Board of Directors 1,2,3,4,5,6,7,8 2. General Manager 1,2,3,4,5,6,7,8 3. Secretary of the District -1,2,3,4,5,6,7,-8 4. Counsel for the District -1,2,3,4,5,6,7,-8 5. Director of Operations 1 96. Director of Administration 12,3,45,6,7 76. Director of Engineering -1,2,3,4,5,6,7,-8 87. Director of Plant Operations 1,2,3,4,5,6,7,8 98. Director of Collection System Operations 1,2,3,4,5,6,7,8 109. Oentreller Finance Manaqer 1,0 'a A r�-6, ro 101. Capital Projects Division Manager 1,2,3,4,5,6,7,8 12 Collection System Operations Division Manager 1 1.3. Plant Maintenance Division Manager 1 14-4. Environmental Services Division Manager 1,2,3,^,5,6,',° 15 4 Regulatory Compliance Division Manager 1 126. Plant Operations Division Manager 1 2,3,4 ,5,6,7� 107. Human Resources Manager 1,2,3,4,5,6,7,2 148. Communication Services Manager -1,2,3,4,5,6,7-,8 109. Purchasing and Materials Manager 12,3,4,5,6T8 20T6. Consultant * (see section below ) 1z;�4 W,7,8 21. Employees or consultants hired as financial 1 f4kaesia4- advisor or underwriter Page2of5 Central Contra Costa Sanitary District Conflict of Interest Code ?1? ?/2012 224-7. Safety and Risk Management Administrator 1, 2;3,4,5 -mo8 234-8. Senior Control Systems Engineer 12,3, 4,5 -mo8 24. Associate Control Systems Engineer 1 19. Dress Centre! Engineer - 1,2,3,4,5,6,-7-,8 295. Principal Engineer 151 5I 26T. Senior Engineer 12,3,4,5,6,7,-8 27. Associate Engineer 1 228. Information Technology Administrator 21,4�,6 -7,8 299. Senior Materials Coordinator 24-,&-,6-,7-,g 302-4. Senior Buyer 24,5,6,7,8 312-59. Buyer 24,55, -� 9 7 Q 3227 Material Services Supervisor - 24T -1 332-7. Plant Operations Superintendent 1 I --_2,_44- - - � X34. Field Operations Superintendent 2, 44- 2935. Plant Maintenance Superintendent 2, 4�,5�� -6;�,� 3067 Laboratory Superintendent 2, 44,5 37. Environmental Compliance Superintendent —2,4 38. Land Surveyor 3 39. Riqht of Wav Aqent 2.3 Consultants * T 1 _ _ _ _ 1 _ _. _ . _ -'r these Only those CSonsultants who fall within the criteria described below shall disclose pursuant to the broadest disclosure category in the District's Conflict of Interest Code, unless the General Manager determines that a less broad category is appropriate. For purposes of the District's Conflict of Interest Code, "Consultant" means an individual who, pursuant to a contract with a state or local government agencL.. 1. Makes a governmental decision whether to: A. Approve a rate, rule, or regulation; B. Adopt or enforce a law; C. Issue, deny, suspend, or revoke any permit, license, application certificate, approval, order, or similar authorization or entitlement; D. Authorize the agency to enter into, modify, or renew a contract provided it is the type of contract that requires agency approval; E. Grant agency approval to a contract that requires agency approval and to which the agency is a party, or to the specifications for such a contract; F. Grant agency approval to a plan, design, report, study, or similar item; G. Adopt, or rq ant agency approval of, policies, standards, or guidelines foi the agency, or for any subdivision thereof; or 2. Serves in a staff capacity with the agency and in that capacity participates in making governmental decisions as defined in FPPC Regulation 18702.2 or performs the same or substantially all the same duties for the aaencv that would otherwise be aerformed Page 3 of 5 an individual Central Contra Costa Sanitary District Conflict of Interest Code ?/? ?/2012 is Conflict of Interest Code. (FPPC The General Manager shall make a determination in writing when a particular Consultant falls within the above - described criteria requiring the Consultant to be treated as a "designated position." The General Manager's determination is a public record and shall be retained for public inspection in the same manner and location as the Conflict of Interest Code. • �� ■ WV ■ ■ �. i ■ .. P_-gee 4 of 5 .... .. . ... NWIEW -- - • mom ME WV ■ ■ �. i ■ .. P_-gee 4 of 5 Central Contra Costa Sanitary District Conflict of Interest Code ?1? ?/2012 Disclosure Category In Category 1 —Officials and employees whose duties are broad and indefinable: cents and business and travel in or aoin tities. and income s iurisaiction. Interests in real property located in the jurisdiction, including property within two miles of the boundaries of the District's jurisdiction. Category 2 — Officials and employees whose duties involve contracting or purchasing for the District: All investments and business positions in business entities and income (including gifts loan and travel payments) from sources that provide leased facilities goods equipment vehicles machinery or services, including training or consulting services of the type utilized by this District. Category 3 — Officials and employees whose decisions may affect real property interests: Interests in real property located in the jurisdiction, including property within two miles of the boundaries of the District. Category 4 — Officials and employees with regulatory_ powers: All investments and business positions and income, including c from sources that are subject to the regulatory, permit or licens application for a license or permit pending before the District. Page 5 of 5 a d travel r)avme ATTACHMENT B ORDINANCE NO. 275 AN ORDINANCE OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT AMENDING CHAPTER 2.20 OF THE DISTRICT CODE ENTITLED "CONFLICT OF INTEREST CODE" WHEREAS, California Government Code Sections 87300 et seq. require that the Board of Directors of the District adopt and promulgate a Conflict of Interest Code; and WHEREAS, the District's Conflict of Interest Code must be reviewed and updated biennially and submitted for approval to Contra Costa County Board of Supervisors, which is the District's Code - Reviewing Body; and WHEREAS, as part of its review, the District Board has simplified Chapter 2.20 of the District Code and has clarified that the District's entire Conflict of Interest Code shall be adopted by resolution of the Board; and WHEREAS, a properly noticed public hearing regarding the proposed changes was held on November 15, 2012, and proper notice was also given of the availability of the documents noted above for public inspection and review prior to said public hearing; and NOW, THEREFORE, the Board finds as follows: Section 1 Chapter 2.20, "Conflict of Interest Code," of the District Code is hereby amended to read as follows: Sections: 2.20.010 Purpose. 2.20.020 Conflict of Interest Code Adopted by Resolution. 2.20.010 Purpose. Pursuant to the provisions of Government Code Sections 87300 et seq., the Board of Directors of the District is required to adopt and promulgate a Conflict of Interest Code. Nothing contained in this Chapter or in the District's Conflict of Interest Code is intended to modify or abridge the provisions of the Political Reform Act of 1974 (Govemment Code Section 81000) or other laws pertaining to conflicts of interest. 2.20.020 Conflict of Interest Code Adopted By Resolution. The District's Conflict of Interest Code shall be set forth by resolution adopted by the Board, and the Board shall from time to time establish by resolution designated positions of officers and employees deemed to make, or participate in the making of, decisions that may foreseeably have a material effect on a financial interest. Ordinance No. 275 Page 2 of 2 Section 2 This Ordinance shall be a general regulation of the District and a summary shall be published once in the Contra Costa Times and San Ramon Valley Times, newspapers of general circulation within the District. Upon passage and publication, pursuant to Health & Safety Code §§ 6490 and 6491.3, this Ordinance shall take effect seven (7) days after publication. PASSED AND ADOPTED by the Board of Directors of the Central Contra Costa Sanitary District on the 15th day of November 2012, by the following vote: AYES: Members: NOES: Members: ABSENT: Members: James A. Nejedly President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Elaine R. Boehme Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to form: Kenton L. Alm, Esq. Counsel for the District Chapter 2.20 CONFLICT OF INTEREST CODE Sections: ATTACHMENT C 2.20.010 Purpose. 2.20.020 Designated r__ ;t ___cConflict of Interest Code Adopted by Resolution. 2-39 Diselesare s-t -atefaents.- . 2 9-9-4 Ora e e and time e f filing. 2 .2-9 . 9S Ferm of dise- lesure _ }-crc ffient-.r 2.20.010 Purpose. Pursuant to the provisions of Government Code Sections 87300 et seq., the Board of Directors of the District adopts the eelet ef interest -eerie set eut in this - Chaptc_ . is required to adopt and promulgate a Conflict of Interest Code. Nothing contained in this Chapter or in the District's Conflict of Interest Code is intended to modify or abridge the provisions of the Political Reform Act of 1974 (Government Code Section 81000) or - he provisions eftkis chapter are dditienal t-e revere en Cede Setitrem1G9 and -other laws pertaining to conflicts of interest. Exeept -as ether wise i-ndieaced, txhe— Elefinitiens of said Aet and reJ,,, ,tieors adepted pursuant therete are ineerperated in this S e et i en , and this Ghapter s h l be interpreted Bens; s ent therewith. 2.20.020 Designated r it _.Conflict of Interest Code Adopted by Resolution. The Beard shall District's Conflict of Interest Code be set forth by resolution adopted by the Board, and the Board shall shall from time to time establish by resolution designated positions of officers and employees deemed to make, or participate in the making of, decisions which may foreseeably have a material effect on a financial interest. desigfnated file aeh- d i s-e l esi}gtha that empleyee- shall ems l eye e' s- interest in an annaal state investments, l r e a to -balms the l '-s is . e'rr erftp e y e e p e ski e n- assigned ■ ♦ I Mill M_r_*-_ " -MI, I 11 MN ATTACHMENT D RESOLUTION NO. 2012 -090 A RESOLUTION AMENDING AND ADOPTING THE CENTRAL CONTRA COSTA SANITARY DISTRICT CONFLICT OF INTEREST CODE WHEREAS, pursuant to the provisions of the Political Reform Act of 1974 and specifically Government Code Sections 87300 et seq., the Board of Directors of the District is required to adopt and promulgate a Conflict of Interest Code; and WHEREAS, the Political Reform Act of 1974 also requires local agencies to review their Conflict of Interest Codes biennially, no later than October 1 of each even - numbered year, and determine whether changes are necessary; and WHEREAS, as part of its review, the District Board has simplified Chapter 2.20 of the District Code and has clarified that the District's entire Conflict of Interest Code shall be adopted by resolution of the Board; and WHEREAS, the proposed changes to the Conflict of Interest Code include the incorporation of relevant Fair Political Practices Commission (FPPC) regulations by reference, as recommended by the FPPC; and WHEREAS, after consultation with the FPPC, the District Board has also determined that the list of designated positions and disclosure categories should be updated; and WHEREAS, the Secretary of the District has worked with Contra Costa County regarding these proposed changes, as the County Board of Supervisors is the District's Code - Reviewing Body; and WHEREAS, a public hearing was held on November 15, 2012; and WHEREAS, nothing contained in the District's Conflict of Interest Code is intended to modify or abridge the provisions of the Political Reform Act of 1974 (Government Code Section 81000) or other laws pertaining to conflicts of interest. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary District as follows: 1. Exhibit A to this Resolution, "The Central Contra Sanitary District Conflict of Interest Code," a copy of which is attached, is hereby approved and adopted for the District, subject to approval by the Board of Supervisors of the County of Contra Costa; 2. The Secretary of the District is hereby authorized and instructed to submit a copy of such Code amendment to the Board of Supervisors of the County of Contra Costa Resolution 2012 -090 Page 2 of 2 and to request the Board of Supervisors to approve said Code amendment in accordance with Government Code Section 87303. PASSED AND ADOPTED by the Central Contra Costa Sanitary District Board of Directors this 15th day of November, 2012, by the following vote: AYES: Members: NOES: Members: James A. Nejedly President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Elaine R. Boehme, CIVIC Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to form: Kenton L. Alm, Esq. Counsel for the District EXHIBIT A CONFLICT OF INTEREST CODE Adopted November 15, 2012 www.centralsan.org CENTRAL CONTRA COSTA SANITARY DISTRICT CONFLICT OF INTEREST CODE Incorporation of FPPC Regulation by Reference Title 2, Section 18730 of the California Code of Regulations and any amendments to that regulation subsequently adopted by the Fair Political Practices Commission (FPPC) are hereby incorporated in this Conflict of Interest Code by reference. Code - Reviewing Body The Contra Costa County Board of Supervisors is the Code - Reviewing Body for this Conflict of Interest Code. Place and Time of Filing 1. All employees required to submit a statement of economic interests shall file the original with the Secretary of the District. 2. The Secretary of the District, who receives the statements of economic interests, shall make and retain a copy and forward the original to the Board of Supervisors for the following designated filers: A. Member, Board of Directors B. General Manager C. Director of Administration D. Director of Engineering E. Finance Manager For purposes of FPPC regulations, the Secretary of the District is considered the "filing official" for the above five positions. 3. The Secretary of the District shall keep the original statements of economic interests filed by persons in all other positions. For purposes of FPPC regulations, the Secretary of the District is considered the "filing officer" for these other positions. Public Records Statements of economic interests are public records subject to Government Code Section 81008, and are available for public inspection not later than the second business day following the day on which the statement was received. Central Contra Costa Sanitary District Conflict of Interest Code — Page 2 11/15/2012 Disqualification Employees in positions designated below shall disqualify themselves from making or participating in the making of any governmental decision when it is reasonably foreseeable that a financial interest of the employee may be materially affected by the decision. The employee shall not be required to disqualify himself or herself with respect to any matter which could not be legally acted upon or decided without the employee's participation. Officials Who Manage Public Investments In accordance with Government Code Section 87200, positions designated to file statements of economic interests are those "directing the investment of public monies, formulating or approving investment policies, approving or establishing guidelines for asset allocations, or approving investment transactions." It has been determined that the positions listed below manage public investments and will file a statement of economic interests and be disqualified from participation as described above: Disclosure Category 1. Member, Board of Directors 1 2. General Manager 1 3. Director of Administration 1 4. Director of Engineering 1 5. Finance Manager 1 Disclosure Statement and Designated Positions Each employee in the positions designated below shall file, upon assuming and leaving office and annually while in office, a statement of economic interests (also known as a Form 700) disclosing that employee's interest in investments, real property, and income designated as reportable under the disclosure category to which the employee's position is assigned. Employees in these "designated positions" are those who the District has determined will make or participate in making governmental decisions and who could foreeeably be affected materially by those decisions. Designated Positions Disclosure Categories 1. Member, Board of Directors 1 2. General Manager 1 3. Secretary of the District 1 4. Counsel for the District 1 5. Director of Operations 1 6. Director of Administration 1 7. Director of Engineering 1 8. Director of Plant Operations 1 9. Director of Collection System Operations 1 10. Finance Manager 1 11. Capital Projects Division Manager 1 12. Collection System Operations Division Manager 1 13. Plant Operations Division Manager 1 14. Plant Maintenance Division Manager 1 15. Environmental Services Division Manager 1 Designated Positions 16. Regulatory Compliance Division Manager 17. Human Resources Manager 18. Communication Services Manager 19. Purchasing and Materials Manager 20. Consultant (see section below) 21. Employees or consultants hired as financial advisor or underwriter 22. Safety and Risk Management Administrator 23. Senior Control Systems Engineer 24. Associate Control Systems Engineer 25. Principal Engineer 26. Senior Engineer 27. Associate Engineer 28. Information Technology Administrator 29. Senior Materials Coordinator 30. Senior Buyer 31. Buyer 32. Material Services Supervisor 33. Plant Operations Superintendent 34. Field Operations Superintendent 35. Plant Maintenance Superintendent 36. Laboratory Superintendent 37. Environmental Compliance Superintendent 38. Right of Way Agent 39. Senior Right of Way Agent 40. Land Surveyor 41. Development Services Supervisor Central Contra Costa Sanitary District Conflict of Interest Code — Page 3 11/15/2012 Disclosure Categories 1 1 2 2 2 2 2 2,4 2,4 2,4 2, 4 2,4 2,3 2,3 3 3, 4 Consultants Only those Consultants who fall within the criteria described below shall disclose pursuant to the broadest disclosure category in the District's Conflict of Interest Code, unless the General Manager determines that a less broad category is appropriate. For purposes of the District's Conflict of Interest Code, "Consultant" means an individual who, pursuant to a contract with a state or local government agency: 1. Makes a governmental decision whether to: A. Approve a rate, rule, or regulation; B. Adopt or enforce a law; C. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; D. Authorize the agency to enter into, modify, or renew a contract provided it is the type of contract that requires agency approval; E. Grant agency approval to a contract that requires agency approval and to which the agency is a party, or to the specifications for such a contract; F. Grant agency approval to a plan, design, report, study, or similar item; Central Contra Costa Sanitary District Conflict of Interest Code — Page 4 11/15/2012 G. Adopt, or grant agency approval of, policies, standards, or guidelines for the agency, or for any subdivision thereof; or 2. Serves in a staff capacity with the agency and in that capacity participates in making governmental decisions as defined in FPPC Regulation 18702.2 or performs the same or substantially all the same duties for the agency that would otherwise be performed by an individual holding a position specified in the agency's Conflict of Interest Code. (FPPC Regulation 18701.) The General Manager shall make a determination in writing when a particular Consultant falls within the above - described criteria requiring the Consultant to be treated as a "designated position." The General Manager's determination is a public record and shall be retained for public inspection in the same manner and location as the Conflict of Interest Code. Disclosure Category In Category 1 — Officials and employees whose duties are broad and indefinable: All investments and business positions in business entities, and income (including loans, gifts and travel payments) from sources located in or doing business in the District's jurisdiction. Interests in real property located in the jurisdiction, including property within two miles of the boundaries of the District's jurisdiction. Category 2 — Officials and employees whose duties involve contracting or purchasing for the District: All investments and business positions in business entities, and income (including gifts, loans and travel payments) from sources that provide leased facilities, goods, equipment, vehicles, machinery or services, including training or consulting services, of the type utilized by this District. Category 3 — Officials and employees whose decisions may affect real property interests: Interests in real property located in the jurisdiction, including property within two miles of the boundaries of the District. Category 4 — Officials and employees with regulatory powers: All investments and business positions and income, including gifts, loans and travel payments, from sources that are subject to the regulatory, permit or licensing authority of, or have an application for a license or permit pending before, the District.