Motion by Supervisor Zev Yaroslavsky

October 12, 1999

MOTION BY SUPERVISOR ZEV YAROSLAVSKY

A recent report from the Auditor-Controller indicates that a high-level County employee received gifts totaling at least $30,000 from a business shortly after it was awarded a large contract with the employee’s department. The District Attorney has investigated this matter but declined prosecution because the employee was not involved in the contracting process and therefore not precluded from accepting the gifts.

County Counsel has concluded that this employee’s receipt of gifts was legal under State law. Under the law, each Department must adopt a Conflict of Interest Code which designates those employees who, because of their level of participation in department decisions or their involvement in the contracting process, must file annual financial disclosure statements. These individuals are termed "designated employees" and are prohibited from accepting gifts in excess of $300 in a calendar year from a single source if that source presents a possible conflict.

When an employee works in a management position or serves in a position where he or she has access to the department head or the Board of Supervisors, that person arguably has or may be perceived to have influence over decisions outside his or her formal job description. Such individuals should be "designated employees" under the County’s Conflict of Interest Codes and should be required to report potential conflicts of interest relative to any and all matters affecting their departments.

I THEREFORE MOVE that the County’s Code Review Panel be convened immediately and instructed to review all departmental Conflict of Interest Codes to ensure that "designated employees" and "disclosure categories" are sufficiently inclusive so as to ensure the integrity of the County’s contracting and other business practices; and that the Panel be instructed to complete its review within 30 days and report its findings and any recommended changes to the Board of Supervisors.