1 BCC Work Session Local Code of Ethics & Specific Project Expenditure Report Presented by Dana Crosby, Assistant County Attorney December 2, 2008

2 BCC Work Session  Presentation Outline:  Local Code of Ethics  Background and review of Local Code of Ethics  Development of the Administrative Regulation  Specific Project Expenditure Report  Implementation of and revision to the Ordinance  Development of the Administrative Regulation

3 BCC Work Session  Presentation Outline:  Local Code of Ethics  Background and review of Local Code of Ethics  Development of the Administrative Regulation

4 BCC Work Session Background - Code of Ethics: On July 8 the BCC adopted a Local Code of Ethics. On November 4 voters approved a Charter amendment codifying the Local Code of Ethics in the County Charter. Effective January 1, 2009 County Officers and Employees are subject to the new Local Code of Ethics.

5 BCC Work Session Background -- Mayor/BCC Disclosure:  Four types of additional disclosure for Mayor and members of the BCC:  Quarterly Financial Disclosure;  Supplemental Financial Disclosure;  Additional Disclosure; and  Abstain from voting due to appearance of conflict with a business associate in previous 2 years.

6 BCC Work Session Administrative Regulation -- Disclosure  Quarterly Disclosure requirement (OC CE Form 6) & filing dates:  For the period of January 1 to March 31, on or before April 30;  For the period of April 1 to June 30, on or before July 30;  For the period of July 1 to September 30, on or before October 30; and  For the period of October 1 to December 31, on or before January 30 of the following year.

7 BCC Work Session Administrative Regulation -- Disclosure  Supplemental local financial disclosure form (OC CE Form 5)  requires disclosure of a business relationship within 7 days of establishment  Additional disclosure form (OC CE Form 4)  requires disclosure of a business relationship if it is established within 1 year of your favorable vote on a matter  Abstain from voting due to appearance of conflict (use CE form 8)

8 BCC Work Session Background -- Relationship Disclosure  Applicant/bidder for development or procurement matter must disclose when Mayor or member of BCC is:  a relative;  an employee;  a business associate; or  if any person involved with the item has a beneficial interest in the outcome and is a business associate of Mayor or member.

9 BCC Work Session Administrative Regulation -- Relationship disclosure form (OC CE 2)  Applications and items where County is the principal or the primary applicant are inapplicable and therefore exempt.  Final approval by the BCC (not staff level committee) for development projects where there is a relationship.

10 BCC Work Session Background -- Gifts:  No lobbyist or principal who retains a lobbyist shall give a gift to the Mayor or members of BCC, except:  Meals <$35 provided at meetings of professional, civic, non-profit, charitable event;  gifts of de minimus value (<$5);  meals at event where Mayor or member of BCC is featured speaker;  gift from a relative.

11 BCC Work Session Background -- employment restrictions for County staff  Restricts post-employment lobbying for County staff filing financial disclosure for two years (contains grandfather clause) and  Restricts post-County employment opportunities for staff participating in specific procurements for one year.

12 BCC Work Session Next steps:  Administrative Regulation will be brought back to the Board for approval on December 16, 2008.

13 BCC Work Session  Presentation Outline:  Specific Project Expenditure Report  Implementation of and revisions to the Ordinance  Development of the Administrative Regulation

14 BCC Work Session Background -- specific project expenditure report (SPR)  This Ordinance passed the BCC as part of the ethics package on July 8, 2008  This form will be filed by applicants or bidders to document lobbying expenditures incurred for projects or items to come before the BCC.  Applicants will file ONE cumulative form, the content of which is described in the administrative regulation.

15 BCC Work Session Background -- specific project expenditure report (SPR)  A work group met for several months to discuss implementation of the SPR.  The SPR, as passed by the BCC, was relevant to any project or item coming before the BCC even ministerial items.  The work group came up with several recommendations to make the SPR more useful and efficient.

16 BCC Work Session SPR -- Recommended Ordinance Revisions  Definitions:  Add a definition for "ministerial item"  Clarify that governmental entities do not have to file the SPR

17 BCC Work Session SPR -- Recommended Ordinance Revisions  Exemptions from SPR:  ministerial items,  resolutions,  agreements in settlement of litigation matters in which the County is a party, and  text change ordinances initiated by County staff.

18 BCC Work Session SPR -- Recommended Ordinance Revisions  With Purchasing items, SPR required for:  competitive sealed proposal, as described at section of the Code, or  request for a procurement of professional services (examples: professional architectural, engineering, landscape architectural or land surveying services).

19 BCC Work Session SPR -- Recommended Ordinance Revisions  Filing the SPR :  SPR will be filed with all items not exempt and submitted to the County after January 1, 2009  SPR may be amended up to 7 business days prior to the BCC meeting  If SPR is not amended 7 days prior to BCC meeting:  discussion items may be verbally amended at the podium;  consent items will be pulled until such time as SPR is amended and filed.

20 BCC Work Session Next steps:  Ordinance will be brought back for a public hearing and Administrative Regulation will be brought back to the Board for approval on December 16, 2008.

21 If you have questions or need further guidance, please contact our office at Thank you.