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HomeMy WebLinkAbout03.c. Conflict of Interest Code-No Change in PositionsCentral Contra Costa Sanitary District BOARD OF DIRECTORS 3. C. POSITION PAPER Board Meeting Date: September 16, 2010 subject: CONFIRM NO CHANGES TO EXHIBIT A, DESIGNATED POSITIONS AND DISCLOSURE CATEGOR OF T HE D ISTRIC T CONFLICT OF INTEREST CODE Submitted By: Elaine R. Boehme Initiating Dept. /Div.: Administration Secretary of the District REVIEWED AND RECOMMENDED FOR BOARD ACTION: E. Boehme K. Alm ame elly, General Manager ISSUE: The Political Reform Act requires every local government agency to review its Conflict of Interest Code every two years, no later than October 1 of each even - numbered year, and determine whether or not changes are required. Any changes are submitted to the Contra Costa County Board of Supervisors for approval. RECOMMENDATION: Confirm that there are no changes to the Designated Positions of the District Conflict of Interest Code. FINANCIAL IMPACTS: None related to this action. ALTERNATIVES /CONSIDERATIONS: The Board may decide that amendments need to be made to Exhibit A (attached) BACKGROUND: The Political Reform Act of 1974 and the Central Contra Costa Sanitary District Conflict of Interest Code require that the Board of Directors adopt a list of designated positions of officers and employees who make, or participate in making, decisions that could have a material effect on a personal financial interest. It is also required that the local agency review its Conflict of Interest Code every two years, and determine whether or not changes are necessary. The District reviews the designated positions on a biennial basis in even - numbered years and proposes amendments to the Conflict of Interest Code as necessitated by any changed circumstances, including the creation of new positions, deletion of positions, and relevant changes in the duties assigned to existing positions. On September 4, 2008, the Board adopted Resolution 2008 -090 which updated the designated positions. The list of designated positions has been reviewed by staff and no changes are recommended at this time. POSITION PAPER Board Meeting Date: September 16, 2010 Subject. CONFIRM NO CHANGES TO EXHIBIT A, DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES OF THE DISTRICT CONFLICT OF INTEREST CODE RECOMMENDED BOARD ACTION: Confirm that no changes are necessary to Exhibit A, Designated Positions and Disclosure Categories of the Central Contra Costa Sanitary District Conflict of Interest Code, and authorize the Secretary of the District to complete the 2010 Conflict of Interest Code Biennial Notice and submit it to the Board of Supervisors. 9/16/2010 "EXHIBIT A" DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT CONFLICT OF INTEREST CODE Designated Positions Disclosure Categories 1. Board Member 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 Administration 1,2,3,4,5,6,7,8 6. Director of Engineering 1,2,3,4,5,6,7,8 7. Director of Plant Operations 1,2,3,4,5,6,7,8 8. Director of Collection System Operations 1,2,3,4,5,6,7,8 9. Controller 1,2,3,4,5,6,7,8 10. Capital Projects Division Manager 1,2,3,4,5,6,7,8 11. Environmental Services Division Manager 1,2,3,4,5,6,7,8 12. Plant Operations Division Manager 1,2,3,4,5,6,7,8 13. Human Resources Manager 1,2,3,4,5,6,7,8 14. Communication Services Manager 1,2,3,4,5,6,7,8 15. Purchasing and Materials Manager 1,2,3,4,5,6,7,8 16. Consultant* 1,2,3,4,5,6,7,8 17. Safety and Risk Management Administrator 1,2,3,4,5,6,7,8 18. Senior Control Systems Engineer 1,2,3,4,5,6,7,8 19. Process Control Engineer 1,2,3,4,5,6,7,8 20. Principal Engineer 2,3,4,5,6,7,8 21. Senior Engineer 2,3,4,5,6,7,8 22. Information Technology Administrator 1,4,5,6,7,8 23. Senior Materials Coordinator 4,5,6,7,8 24. Senior Buyer 4,5,6,7,8 25. Buyer 4,5,6,7,8 26. Material Services Supervisor 4,5,6,7,8 27. Plant Operations Superintendent 4,5,6,7,8 28. Field Operations Superintendent 4,5,6,7,8 29. Plant Maintenance Superintendent 4,5,6,7,8 30. Laboratory Superintendent 4,5,6,7,8 The category of Consultants shall be included on the list of designated employees and those Consultants who fall within the criteria described below shall disclose pursuant to the broadest disclosure category in the Code, unless the General Manager determines that a less broad category is appropriate. A particular Consultant shall be treated as a "designated position" to the extent that the Consultant (i) is either delegated specified decision - making authority or functions as an officer or employee of the District, and /or (ii) the duties of the Consultant can foreseeably materially affect private economic interests through the exercise of his or her duties for the District. 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. Designated employees shall file statements of economic interest with the Secretary of the District, who shall make the statements available for public inspection and reproduction. Upon receipt of the statements of the Board Members, General Manager, Director of Administration, Director of Engineering and Controller, the Secretary of the District shall make and retain a copy and forward the original of these statements to the Chief Clerk of the Board of Supervisors. Other Officials Who Manage Public Investments In accordance with Government Code Section 87200, certain District officials are required to disclose, upon assuming and leaving office, and annually while in office, their investments, income, and interests in real property by way of Fair Political Practices Commission (FPPC) Form 700, State of Economic Interests. Those positions designated to file Form 700 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 pursuant to Government Code Section 87200 (Form 700): 1. Member, Board of Directors 2. General Manager 3. Director of Administration 4. Director of Engineering 5. Controller Disclosure Category Index 1 Investments 2 Interests in Real Property 3 Interests in Real Property and Investments Held by Business Entitles or Trusts 4 Income (Other than Gifts and Loans) 5 Income (Loans) 6 Income (Gifts) 7 Business Positions 8. Commission Income, Income and Loans to Business Entities or Trusts, and Income from Rental Property