ACTION BULLETINS (PY 2000)

CONFLICT OF INTEREST POLICY

ALAMEDA COUNTY WORKFORCE INVESTMENT BOARD (WIB)

CONFLICT OF INTEREST POLICY


1. This Conflict of Interest Code (“Code”) is adopted pursuant to the
requirements of California Government Code Section 87300, Title 2 California
Code of Regulations (CCR) Section 18730, and 29 Code of Federal Regulations
(CFR) Section 97.36(b)(3).

2. “Member” refers to a member of the WIB or the Youth Council, unless
otherwise specified. “Employee” refers to an employee of the WIB or the
Youth Council, unless otherwise specified.

3. A WIB member may not vote on a matter under consideration by the WIB
regarding the provision of services by such member (or by an entity that
such member represents), or that would provide direct financial benefit to
such member or the immediate family of such member. WIA (29 U.S.C. 2801 et
seq., 2832(g)), P.L. 105-220, 112 Stat. 960

4. A WIB member must not engage in any activity determined by the Governor
to constitute a conflict of interest as specified in the State plan. [add
provisions of state plan when released] WIA (29 U.S.C. 2801 et seq.,
2832(g)), P.L. 105-220, 112 Stat. 960

5. A WIB member or Youth Council member must neither cast a vote on, nor
participate in, any decision-making capacity on the provision of services by
such member (or any organization which that member directly represents), nor
on any matter which would provide any direct financial benefit to that
member or a member of his immediate family. Department of Labor (DOL)
Interim Final Rule, 20 CFR 667.200(a)(4)(i). To “participate in a
decision-making capacity” includes to discuss an issue and to influence, or
try to influence, other WIB or Youth Council members or staff to take a
position for or against an issue.

6. Neither membership on the WIB or the Youth Council nor the receipt of
WIA funds to provide training and related services, by itself, violates
these conflict of interest provisions. Department of Labor (DOL) Interim
Final Rule, 20 CFR 667.200(a)(4)(i).

7. No employee, officer, or agent of the WIB or Youth Council shall
participate in selection, or in the award or administration of a contract
supported by federal funds, if a conflict of interest, real or apparent,
would be involved. Such a conflict would arise when the employee, officer
or agent, any member of his immediate family, his or her partner, or an
organization which employs, or is about to employ, any of the above, has a
financial or other interest in the firm selected for award. The WIB may set
minimum rules where the financial interest is not substantial. Uniform
Administrative Requirements for Grants (29 CFR 97.36(b)(3)).

8. Officers, employees, and agents of the WIB and Youth Council will
neither solicit nor accept gratuities, favors, or anything of monetary value
from contractors, potential contractors, or parties to subagreements. The
WIB may set minimum rules where the gift is an unsolicited item of nominal
intrinsic value. Uniform Administrative Requirements for Grants (29 CFR
97.36(b)(3)).

9. Members shall not be financially interested in any contract made by them
in their official capacity or in any contract made by the WIB. Government
Code Section 1090. [Amend if Section 1091.2 is amended]

10. “Financial interest” includes possible disadvantage to a competitor of
the business or nonprofit entity which the member represents.

11. If a member has a remote interest in a contract, as defined by
Government Code Section 1091, that member shall disclose such interest to
the WIB or Youth Council so that the interest can be noted in the official
records; shall not influence or try to influence another member to enter
into the contract or not enter into the contract; and shall not vote
concerning whether the WIB should enter into the contract. Government Code
Section 1091; 78 Ops.Cal.Atty.Gen. 230, 237 (1995).

12. Each member and employee shall comply with the California Political
Reform Act of 1974, Government Code Section 81000 et seq. This Conflict of
Interest Code incorporates by reference Government Code Section 87100 et.
seq. and Title 2, California Code of Regulations, Section 18700 et. seq. and
Section 18730 et seq., and any amendments to these regulations which are
duly adopted by the California Fair Political Practices Commission (FPPC).
Pursuant to Government Code Section 87100 et seq., no member or employee
shall make, participate in making, or in any way attempt to use his official
position to influence a decision of the WIB or Youth Council in which s/he
knows or has reason to know s/he has a financial interest. A member or
employee has a financial interest in a decision if it is reasonably
foreseeable that the decision will have a material financial effect,
distinguishable from its effect on the public generally, on the member or
staff, a member of his/her immediate family, or on his/her interests in a
business entity, real property, a source of income, or a donor of a gift,
each of which interests is defined more specifically in Government Code
Section 87103. Whether a member or employee has a financial interest and
whether it is reasonably foreseeable that the decision will have a material
financial effect shall be determined on a case-by-case basis pursuant to
Title 2 CCR Section 18700 et seq. For purposes of compliance with
Government Code Section 87100 et seq., salary received from a federal, state
or government entity is not income. Government Code Section 82030(b)(2);
Title 2 C.C.R. Sec. 18705(c)(1).



13. “Designated officials” are persons holding the following positions: WIB
members, Youth Council members, the WIB Director, the WIB Assistant
Director, and any other employee or consultant (as defined in Title 2 CCR
Section 18701(A)(2)) who may participate in a decision that may foreseeably
have a material financial impact on his/her financial interests. Government
Code Section 87302(a) et seq; 2 CCR Section 18730.

14. Each designated official is required to disqualify him/herself from
participation in a decision which may foreseeably have a material financial
impact on his/her financial interests as defined in this Code. Government
Code Section 87302(a) et seq; 2 CCR Section 18730.

15. Each designated official shall file a Statement of Economic Interests,
using FPPC Form 700, with the Clerk of the Board of Supervisors of Alameda
County, at the following times: within 30 days after approval of this Code
by the Alameda County Board of Supervisors, or within 30 days after
appointment or hiring; annually on April 1; and within 30 days of leaving
the designated position. All designated officials are hereby assigned to
Disclosure Category 1. Disclosure Category 1 requires disclosure of all
sources of income, interests in real property, and investments and business
positions in business entities located in or doing business in Alameda
County. Government Code Section 87302(b); 2 CCR Section 18730.

16. In addition to the disclosure requirements set forth above, members
must disclose in writing any conflict of interest that might arise as a
result of their membership and affiliations with outside organizations,
individuals, and affected parties. The disclosure document must include the
member’s place of employment and membership on any boards, commissions, or
affiliations with public agencies, community-based organizations, or
nonprofit organizations. This declaration must be submitted within 30 days
after appointment (or within 30 days after adoption of this Code) and
updated as changes in employment and other circumstances warrant.

17. A designated official shall not accept any honorarium from any source
if s/he would be required to report the receipt of income or gifts from that
source on his/her Statement of Economic Interests. Title 2 CCR Section
18730(b)(8)(A).

18. A designated official shall not accept gifts with a total value of $300
from any single source if s/he would be required to report the receipt of
income or gifts from that source on his/her Statement of Economic Interests.
Title 2 CCR Section 18730(b)(8.1)(A).







19. The WIB Director may determine that in writing that a particular
consultant who is a designated official is hired to perform a range of
duties that is limited in scope and thus is not required to fully comply
with the disclosure requirements in this Code. The written determination
shall describe the consultant’s duties and, based upon that description,
state the extent of his/her disclosure requirements. The written
determination is a public record and shall be retained for inspection in the
same manner and location as this Code.

20. When a member determines that s/he should not make a governmental
decision because s/he has a disqualifying interest in that decision, the
member shall disclose his/her determination and disqualifying interest, and
this disclosure shall be made part of the official record of the WIB or
Youth Council. Title 2 CCR Section 18730(b)(10).
A member must publicly declare that a possible conflict of interest exists
before the agenda item in question is introduced. The person chairing the
meeting will then acknowledge the declaration. Members involved in an
acknowledged conflict of interest must refrain from all discussion and
abstain from all voting relative to the affected agenda item.

21. When the WIB Director determines that s/he should not make a
governmental decision because s/he has a disqualifying interest in that
decision, the WIB Director shall disclose his/her determination and
disqualifying interest in writing to the chairperson of the WIB and to the
Director of the Alameda County Social Services Agency. Title 2 CCR Section
18730(b)(10).

22. When an employee (other than the WIB Director) or a consultant
determines that s/he should not make a governmental decision because s/he
has a disqualifying interest in that decision, that person shall disclose
his/her determination and disqualifying interest in writing to the WIB
Director. Title 2 CCR Section 18730(b)(10).

23. If an employee is notified or becomes aware that a potential conflict
of interests exists with respect to a member or employee, the employee will
so inform the WIB Director. If the potential conflict involves an employee,
the WIB Director will dismiss the employee from all matters related to the
potential conflict. If the potential conflict involves a member, the
Director will consult with the chairperson of the WIB or Youth Council as
appropriate.

24. Any member who believes a conflict of interest exists with respect to
another member can declare so during the appropriate meeting. If the issue
is challenged or disputed by the affected member, the chairperson of the
meeting will refer the matter to County Counsel for final determination, and
the agenda item will be tabled pending final opinion from counsel.



25. All instances of nonparticipation due to declared conflicts of interest
shall be duly recorded in the minutes of the appropriate board or committee
meeting, and shall serve as documentation of compliance with this Code.
Instances in which a member has chosen not to be present at a meeting where
a conflict of interest might arise shall likewise be recorded in the
minutes.