1

BCC Work SessionLocal Code of Ethics &

Specific Project Expenditure Report

Presented byDana Crosby, Assistant County

AttorneyDecember 2, 2008

2

BCC Work Session

Presentation Outline: Local Code of Ethics

Background and review of Local Code of EthicsDevelopment 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 EthicsDevelopment 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 SessionBackground -- 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 SessionAdministrative 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 SessionBackground -- 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 SessionBackground -- 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 SessionBackground -- 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 SessionBackground -- 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 17-311 of the Code, or request for a procurement of professional

services (examples: professional architectural, engineering, landscape architectural or land surveying services).

19

BCC Work SessionSPR -- 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 at407-836-7320

Thank you.