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HomeMy WebLinkAbout04. Adopt 2022 updates to the Conflict of Interest Code and authorise submissionto the County Page 1 of 15 Item 4. CENTRAL SAN BOARD OF DIRECTORS POSITION PAPER MEETING DATE: AUGUST 18, 2022 SUBJECT: ADOPT RESOLUTION NO. 2022-058 APPROVING BIENNIAL UPDATES TO THE DISTRICT'S CONFLICT OF INTEREST CODE AND DIRECTING THE SECRETARYOF THE DISTRICT TO SUBMIT THE UPDATED 2022 CONFLICT OF INTEREST CODE TO THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS FOR APPROVAL SUBMITTED BY: INITIATING DEPARTMENT: KATIE YOUNG, SECRETARY OF THE SECRETARYOF THE DISTRICT DISTRICT Roger S. Bailey Kenton L. Alm General Manager District Counsel 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. 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. August 18, 2022 Regular Board Meeting Agenda Packet- Page 19 of 76 Page 2 of 15 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 classifications, deletion of classifications, and relevant changes in the duties assigned to existing positions. In 2018, a comprehensive review and update was completed including adding new language to clarify that Board Members, certain employees and officials are now required to file their Form 700s electronically with the County using the NetFile paperless filing system. The Secretary of the District and District Counsel were added to the list of those required to file directly with the County. I n 2020, minor updates were made to position title changes. Subsequently, in 2021, an update was made to include the Employees on the Deferred Compensation Advisory Committee. After reviewing the District's Conflict of Interest Code this year, the the following changes have been proposed: 1. Job title changes 2. Addition of a newjob classification A strikeout comparing the 2021 Conflict of Interest Code with the proposed 2022 version is included as Attachment 1. Afinalized copy of the proposed 2022 Conflict of Interest Code with the changes is included as Attachment 2. Finally, a proposed resolution authorizing the Secretary of the District to submit the updated Conflict of Interest Code to the County for approval is included as Attachment 3. ALTERNATIVES/CONSIDERATIONS The Board may decide that additional revisions need to be made. FINANCIAL IMPACTS None related to this action. COMMITTEE RECOMMENDATION This item was reviewed by the Administration Committee at its August 2, 2022 meeting and recommended approval. RECOMMENDED BOARD ACTION Adopt the proposed resolution approving the recommended changes to the District's Conflict of Interest Code and directing the Secretary of the District to complete the 2022 Conflict of Interest Code Biennial Notice and submit it to the Contra Costa County Board of Supervisors for approval. Strategic Plan Tie-In GOAL FOUR: Governance and Fiscal Responsibility Strategy 1 - Promote and uphold ethical behavior, openness, and accessibility ATTACHMENTS: 1. Comparison of current and proposed 2022 Conflict of Interest Code (strikeout) 2. Proposed 2022 Conflict of Interest Code (finalized) 3. Proposed Resolution August 18, 2022 Regular Board Meeting Agenda Packet- Page 20 of 76 Page 3 of 15 Attachment 1 CONFLICT OF INTEREST CODE Adopted: November 15, 2012 Last Revised: May 2-0,2-021-August 18, 2022 CENTRALSAN CENTRAL CONTRA COSTA SANITARY DISTRICT CONFLICT OF INTEREST CODE A. 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. B. Code-Reviewing Body The Contra Costa County Board of Supervisors is the Code-Reviewing Body for this Conflict of Interest Code. C. Reason for Filing Those individuals listed in Sections G, H, and I are required to file a Form 700 as their job duties fall under one, or more, of the following categories: • 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. August 18, 2022 Regular Board Meeting Agenda Packet- Page 21 of 76 Page 4 of 15 Central Contra Costa Sanitary District Conflict of Interest Code—Page 2 of 7 05'5 0-21 08-18-22 • 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. 6D. Place of Filing 1. Those individuals who are required to file a Statement of Economic Interests (Form 700) shall do so as follows: a. File Directly with the County The Board Members, employees and officers listed in Section GF- below shall file a Form 700 electronically with Contra Costa County using NetFile's paperless system and shall also provide a courtesy copy of the Form 700 to the Secretary of the District. The Secretary of the District is considered the "filing official" for those holding these positions. b. File with the Secretary of the District Employees listed in Section O-H below shall file an original Form 700 with the Secretary of the District. The Secretary of the District is considered the "filing officer" and shall retain the original statements. DE. Public Records Form 700s 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. €F. Disqualification Board Members, employees, and officials in positions designated in Sections F-G and GH 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 individual may be materially affected by the decision. The individual 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 individual's participation. August 18, 2022 Regular Board Meeting Agenda Packet- Page 22 of 76 Page 5 of 15 Central Contra Costa Sanitary District Conflict of Interest Code—Page 3 of 7 nti �n1 �ozoz� 08-18-22 FG. Officials Who Manage Public Investments In accordance with Government Code Sections 87200 and 87314, certain positions are required to file a Form 700; specifically, those who direct the investment of public monies, formulate or approve investment policies, approve or establish guidelines for asset allocations, or approve investment transactions. It has been determined that the positions listed below shall file, upon assuming and leaving office and annually while in office, a Form 700 disclosing that official's interest in investments, real property, and income designated as reportable under the disclosure category to which the official's position is assigned. Officials who manage public investments shall be disqualified from participation as described above: Designated Positions Disclosure Category 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 Finance and Administration 1 7. Director of Engineering and Technical Services 1 8. Finance Manager 1 GH. 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 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 foreseeably be affected materially by those decisions. DesmQnat-ed Positions Disclosure Cateqo. Capitan,Rr( eGts fliiicinn +�;Aononnr 4 tG- GelleC „ Syster Dens Diyisien Manaw 4 4-1-.- Rlant Qperatinns rl``i--�''iIiiGii'n``R MaRagnr 4 42-. Plant Maintenanne Division ManaW 4 4'� Rlanninn anrd D mmeRt QeFVTGes Division MaRage 4¢ Environmental and Regulatory Compliance 4 Division Manager 4.Y Human Rnso irons avid (Organizational 4 Development Manager CommuniGatiORrveNiG sc�and I rtergov rcrnmrTcrrtal 4 Relations Manager 47—. Information Tenhnology Manager 4 August 18, 2022 Regular Board Meeting Agenda Packet- Page 23 of 76 Page 6 of 15 Central Contra Costa Sanitary District Conflict of Interest Code— Page 4 of 7 nti_2n_ 1 08-18-22 Desinna4ed Dosmtmons Diisclosure Cateciory 48, Resource Recovery Program Manager 4 4-9, PUrchasing and Materials Manager 4 20, CORSUltaRt(see Section IH below) 4 24, Employees OF censultants hired as financial 4 advisor or i inrleRyriter 22- Employees on the Deferred Compensation 4 Advisory Committee 2-3- Risk Management Program Administrate r 4 24- Utility Systems E�Teef 4 2-5--. Senior Rngineer 4 26, Associate Engineer 4 2 2 23- vovrntrac+mac Spe ' is+ 2 2�)-. Senier Buyer Gontracts and PrnrH cement 2 Specialists I/11 30, Maternal SeFViGeS SUpeniisnT 2 `�'-. Maintenance Planner 2 2, PumpingStatiens SUP 2 -33, Plant OperationsSi iperintenden+ 2—, 4e e Opera+ions/Main+enance Si iperintenden+ c 34- Field Opera iSper�inrtenrden2—, 4 -5- Plant Maintenance Si iperintenden+ ' , 4 36, Laboratory_Ci ipe��teRaent Rrnnram Administ 2, 4 -7-.- Environmental ComplianGe 2-4 0 Si iperintendentPrnnram Administrator 38- Senior Environmental Gempliance InspeGtnr 2-4 0 -9-.- ERyirnnmental Compliance Inspector 1/11 -, 4 e 4-0, (Constri ictien Inspector 2-04 Wn 44- Right of ay Real Property Anent , 3 e 42, Land Sl ryeyerSenler Right of Way Agent 2-� 0 43- Development Services SupePASeTCanrd S1 irveyor 3 44- Development SeNiGes Supervisor Operations 3—, 44o 1 Iptlmizatlnn MaRager Designated Positions Category Management Positions 1 1. Capital Projects Division Manager 2. Collection System Operations Division Manager 3. Communication Services and Government Relations Manager 4. Environmental and Regulatory Compliance Division Manager 5. Human Resources & Organizational Development Manager 6. Information Technology Manager 7. Operations Optimization Manager 8. Planning and Development Services Division Manager August 18, 2022 Regular Board Meeting Agenda Packet- Page 24 of 76 Page 7 of 15 Central Contra Costa Sanitary District Conflict of Interest Code—Page 5 of 7 05'5 0-21 08-18-22 Designated Positions Category 9. Plant Maintenance Division Manager 10. Plant Operations Division Manager 11. Purchasing and Materials Manager 12. Resource Recovery Program Manager Consultants and Special Capacities 1 13. Consultant (refer to Section I below) 14. Employees or consultants hired as financial advisor or underwriter 15. Employees on the Deferred Compensation Advisory Committee All Other Applicable Staff Positions 16. Associate Engineer 1 17. Construction Inspector 2, 4 18. Contracts and Procurement Specialist 1/11 2 19. Contracts Specialist 2 20. Development Services Supervisor 2, 3 21. Environmental Compliance Inspector 1/11 2, 4 22. Environmental Compliance Program Administrator 2, 4 23. Laboratory Program Administrator 2, 4 24. Land Surveyor 2, 3 25. Maintenance Planner 2 26. Material Services Supervisor 2 27. Materials Specialist 2 28. Real Property Agent 2, 3 29. Risk Management Program Administrator 1 30. Senior Engineer 1 31. Senior Environmental Compliance Inspector 2, 4 32. Superintendent, Operations/Maintenance 2 33. Utility Systems Engineer 1 141. 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 the District: 1. Makes a governmental decision whether to: a. Approve a rate, rule, or regulation; August 18, 2022 Regular Board Meeting Agenda Packet- Page 25 of 76 Page 8 of 15 Central Contra Costa Sanitary District Conflict of Interest Code—Page 6 of 7 nti_2n_ 1 08-18-22 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 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 2 CCR 18700, et seq.1 Q7�70== 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 Sections FG and G-H above. (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. I. Diisclosure Cateivory Inrlev r��tennni 1 Offinials and employees whose duties are broad and inr-lefin�hle• 011 and business positions in business entities and innnmo 0 loans, gifts and travel paymeRtS) frOM sources located o doing business in the Dictrint'c iurisdintien Interests in real property Ionated in the iurisdintinn inn1�irdinn preperti 0 within two miles of the hos Rdaries of the District's ii irisdintinn pi irnhasinn for the Distriet- 011 investments and business positions in business entities and innnmo 0 loaRs and travel paymeRtS) frOM sources that provide e !eased faGilitiec0 goods, s ienipment0 yehinlec0 manhineni or coniines 0 of the type utilized by this e • August 18, 2022 Regular Board Meeting Agenda Packet- Page 26 of 76 Page 9 of 15 Central Contra Costa Sanitary District Conflict of Interest Code—Page 7 of 7 052021 08-18-22 r'a+eonni Z Offi/+iolc and employees whose deGicinnc may affen+ real preperfii T in+erects• �. jurisdiction,interests On real property IoGated on the includiRg property w0thin two miles of the boundaries of the Dic+rip+ (`e+ennni 4 Offi/+ielc and employees with regulatory powers: Alllinr�vcv}men+c and business positions gifts loans payments,and travel from sourGes that are subject to the , permit or "Gensino authority of or have an applina}inn for a linence or 0 permit� before, the August 18, 2022 Regular Board Meeting Agenda Packet- Page 27 of 76 Page 10 of 15 Attachment 2 CONFLICT OF INTEREST CODE Adopted: November 15, 2012 Last Revised: August 18, 2022 CENTRALSAN CENTRAL CONTRA COSTA SANITARY DISTRICT CONFLICT OF INTEREST CODE A. 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. B. Code-Reviewing Body The Contra Costa County Board of Supervisors is the Code-Reviewing Body for this Conflict of Interest Code. C. Reason for Filing Those individuals listed in Sections G, H, and I are required to file a Form 700 as their job duties fall under one, or more, of the following categories: • 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. August 18, 2022 Regular Board Meeting Agenda Packet- Page 28 of 76 Page 11 of 15 Central Contra Costa Sanitary District Conflict of Interest Code—Page 2 of 5 08-18-22 • 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. D. Place of Filing 1. Those individuals who are required to file a Statement of Economic Interests (Form 700) shall do so as follows: a. File Directly with the County The Board Members, employees and officers listed in Section G below shall file a Form 700 electronically with Contra Costa County using NetFile's paperless system and shall also provide a courtesy copy of the Form 700 to the Secretary of the District. The Secretary of the District is considered the "filing official" for those holding these positions. b. File with the Secretary of the District Employees listed in Section H below shall file an original Form 700 with the Secretary of the District. The Secretary of the District is considered the "filing officer" and shall retain the original statements. E. Public Records Form 700s 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. F. Disqualification Board Members, employees, and officials in positions designated in Sections G and H 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 individual may be materially affected by the decision. The individual 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 individual's participation. August 18, 2022 Regular Board Meeting Agenda Packet- Page 29 of 76 Page 12 of 15 Central Contra Costa Sanitary District Conflict of Interest Code—Page 3 of 5 08-18-22 G. Officials Who Manage Public Investments In accordance with Government Code Sections 87200 and 87314, certain positions are required to file a Form 700; specifically, those who direct the investment of public monies, formulate or approve investment policies, approve or establish guidelines for asset allocations, or approve investment transactions. It has been determined that the positions listed below shall file, upon assuming and leaving office and annually while in office, a Form 700 disclosing that official's interest in investments, real property, and income designated as reportable under the disclosure category to which the official's position is assigned. Officials who manage public investments shall be disqualified from participation as described above: Designated Positions Disclosure Category 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 Finance and Administration 1 7. Director of Engineering and Technical Services 1 8. Finance Manager 1 H. 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 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 foreseeably be affected materially by those decisions. Designated Positions Category Management Positions 1 1. Capital Projects Division Manager 2. Collection System Operations Division Manager 3. Communication Services and Government Relations Manager 4. Environmental and Regulatory Compliance Division Manager 5. Human Resources & Organizational Development Manager 6. Information Technology Manager 7. Operations Optimization Manager 8. Planning and Development Services Division Manager 9. Plant Maintenance Division Manager 10. Plant Operations Division Manager 11. Purchasing and Materials Manager 12. Resource Recovery Program Manager August 18, 2022 Regular Board Meeting Agenda Packet- Page 30 of 76 Page 13 of 15 Central Contra Costa Sanitary District Conflict of Interest Code—Page 4 of 5 08-18-22 Designated Positions Category Consultants and Special Capacities 1 13. Consultant (refer to Section I below) 14. Employees or consultants hired as financial advisor or underwriter 15. Employees on the Deferred Compensation Advisory Committee All Other Applicable Staff Positions 16. Associate Engineer 1 17. Construction Inspector 2, 4 18. Contracts and Procurement Specialist 1/11 2 19. Contracts Specialist 2 20. Development Services Supervisor 2, 3 21. Environmental Compliance Inspector 1/11 2, 4 22. Environmental Compliance Program Administrator 2, 4 23. Laboratory Program Administrator 2, 4 24. Land Surveyor 2, 3 25. Maintenance Planner 2 26. Material Services Supervisor 2 27. Materials Specialist 2 28. Real Property Agent 2, 3 29. Risk Management Program Administrator 1 30. Senior Engineer 1 31. Senior Environmental Compliance Inspector 2, 4 32. Superintendent, Operations/Maintenance 2 33. Utility Systems Engineer 1 I. 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 the District: 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; August 18, 2022 Regular Board Meeting Agenda Packet- Page 31 of 76 Page 14 of 15 Central Contra Costa Sanitary District Conflict of Interest Code—Page 5 of 5 08-18-22 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 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 2 CCR 18700, et seq. 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 Sections G and H above. 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. August 18, 2022 Regular Board Meeting Agenda Packet- Page 32 of 76 Page 15 of 15 Attachment 3 RESOLUTION NO. 2022-058 A RESOLUTION AMENDING THE CENTRAL CONTRA COSTA SANITARY DISTRICT CONFLICT OF INTEREST CODE WHEREAS, the Political Reform Act of 1974 requires every local government agency to review its Conflict of Interest Code biennially, no later than October 1 of each even- numbered year, and determine whether changes are necessary; and WHEREAS, Section 2.20.020 of the Central Contra Costa Sanitary District Code provides that the Board of Directors 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. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary District as follows: Section 1. The proposed changes to the Central Contra Costa Sanitary District Conflict of Interest Code, a copy of which is attached, are hereby approved and adopted by the District, subject to approval by the Board of Supervisors of the County of Contra Costa; and Section 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 and to request the Board of Supervisors to approve said Code amendment in accordance with Government Code Section 87303. PASSED AND ADOPTED this 18th day of August 2022, by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: David R. Williams President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Katie Young 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 August 18, 2022 Regular Board Meeting Agenda Packet- Page 33 of 76