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HomeMy WebLinkAbout07. Adopt Resolution No. 2023-032 approving updates to the District's Conflict of Interest Code and directing the Secretary of the District to submit the updated 2023 Conflict of Interest Code to the Contra Costa County Board of Supervisors for approvalDCENTRALSAN MEETING DATE: SEPTEMBER 21, 2023 BOARD OF DIRECTORS POSITION PAPER Page 1 of 8 SUBJECT: ADOPT RESOLUTION NO. 2023-032 APPROVING UPDATES TO THE DISTRICT'S CONFLICT OF INTEREST CODE AND DIRECTING THE SECRETARY OF THE DISTRICT TO SUBMIT THE UPDATED 2023 CONFLICT OF INTEREST CODE TO THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS FOR APPROVAL SUBMITTED BY: KATIE YOUNG, SECRETARY OF THE DISTRICT Roger S. Bailey Kenton L. Alm General Manager District Counsel INITIATING DEPARTMENT: SECRETARYOF THE DISTRICT Item 7. 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. The District reviews the designated positions on a biennial basis in even -numbered years and proposes September 21, 2023 Special Board Meeting Agenda Packet - Page 31 of 174 Page 2 of 8 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. Finally, in 2022, minor updates were made to position title changes and additional job classifications were added. Even though we are on an odd year, the Secretary of the District found it necessary to update the District's Conflict of I nterest Code this year with the following changes proposed: 1. Job title changes 2. Addition of a newjob classification A strikeout comparing the 2022 Conflict of Interest Code with the proposed 2023 version is included as Attachment 1. 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 2. 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 September 5, 2023 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 2023 Conflict of Interest Code 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. Proposed changes to Conflict of Interest Code 2023 2. Proposed Resolution 2023-032 September 21, 2023 Special Board Meeting Agenda Packet - Page 32 of 174 CONFLICT OF INTEREST CODE Adopted: November 15, 2012 Last Revised: August 18;2022August 22, 2023 Page 3 of 8 Attachment 1 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. September 21, 2023 Special Board Meeting Agenda Packet - Page 33 of 174 Page 4 of 8 Central Contra Costa Sanitary District Conflict of Interest Code — Page 2 of 5 08-4-822-223 • 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 Coun 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. September 21, 2023 Special Board Meeting Agenda Packet - Page 34 of 174 Page 5 of 8 Central Contra Costa Sanitary District Conflict of Interest Code — Page 3 of 5 08-4-822-223 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. Deputy General Manager — Administration 1 6. Deputy General Manager — Operations 1 �5-. DireGtOr of Operations 4 l-.-- DmreGtor of FinaRGo and AdMiRistratk) 4 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 a Form 700; 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 September 21, 2023 Special Board Meeting Agenda Packet - Page 35 of 174 Management Positions 1 1. Capital Projects Division Manager 1 2. Collection System Operations Division Manager 1 3. Communication Services and Government Relations Manager 1 4. Environmental and Regulatory Compliance Division Manager 1 5. Human Resources & Organizational Development Manager 1 6. Information Technology Manager 1 7. Internal Auditor 1 7-.8. Operations Optimization Manager 1 8-9. Planning and Development Services Division Manager 1 -- -------------------------------------------------------------------------------------------------------------------------------------------------------------------------- �10. Plant Maintenance Division Manaaer 1 September 21, 2023 Special Board Meeting Agenda Packet - Page 35 of 174 Page 6 of 8 Central Contra Costa Sanitary District Conflict of Interest Code — Page 4 of 5 08-4-822-223 Desianated Positions 411. Plant Operations Division Manager 412. Resource Recovery Program Manager Consultants and Special Capacities 4?13. Consultant (refer to Section I below) 414. Employees or consultants hired as financial advisor or underwriter 415. Employees on the Deferred Compensation Advisory Committee All Other Applicable Staff Positions 416. Associate Engineer 4-6:17. Construction Inspector 18. Contracts and Procurement Administrator 419. Contracts and Procurement Specialist 1/11 4-20. Contracts Specialist 4$21. Development Services Supervisor 2-0:22. Environmental Compliance Inspector 1/11 223. Environmental Compliance Program Administrator 22-.24. Laboratory Program Administrator 23:25. Land Surveyor 226. Maintenance Planner 27. Maintenance Suaervisor 228. Material Services Supervisor 26:29. Materials Specialist 2730. Real Property Agent 2831. Risk Management Program Administrator 2-132. Senior Engineer -30-.33. Senior Environmental Compliance Inspector 34-34. Superintendent, Operations/Maintenance 32:35. Utility Systems Engineer 2,4 2 2 2 2,3 2,4 2,4 2,4 2,3 2 2 2 2 2,3 1 1 2,4 2 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: Makes a governmental decision whether to: a. Approve a rate, rule, or regulation; b. Adopt or enforce a law; September 21, 2023 Special Board Meeting Agenda Packet - Page 36 of 174 Page 7 of 8 Central Contra Costa Sanitary District Conflict of Interest Code — Page 5 of 5 08-4-822-223 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. 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. September 21, 2023 Special Board Meeting Agenda Packet - Page 37 of 174 Page 8 of 8 Attachment 2 RESOLUTION NO. 2023-032 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 21st day of September 2023, by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: COUNTERSIGNED: Katie Young, CMC Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to form: Barbara Hockett President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California Kenton L. Alm, Esq. Counsel for the District September 21, 2023 Special Board Meeting Agenda Packet - Page 38 of 174