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.
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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
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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.