Agenda

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C.101

To:	Board of Supervisors
From:	David Twa, County Administrator
Date:	December 15, 2009

Contra

Costa

County

Subject:

Procedures Governing Employee Involvement in Contracts with Prospective Employers

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 12/15/2009

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

Contact:

David Twa, 925-335-1080

I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: December 15, 2009
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

Direct County Administrator, working with County Counsel, to report to the Board on County procedures governing employee involvement in contracts with prospective employers.

FISCAL IMPACT:

None.

BACKGROUND:

The County enters into hundreds of contracts with vendors to provide goods and services to the County and its residents. Some of the contracts are for substantial sums of money. It is important and prudent for the County to ensure that the negotiation and processing of such contracts be conducted in the best interests of the County and the public treasury. The integrity of the contracting process could be undermined if County staff involved in such contracts and negotiations are considering potential vendors as potential employers.

BACKGROUND: (CONT'D)

Current state law prohibits a public official from making or influencing a governmental decision (such as a contract) that involves a person with whom the official is negotiating prospective employment.

County employees are public officials for purposes of that provision. The California Fair Political Practices Commission, which enforces this provision, has adopted a regulation that provides that a public employee is “negotiating” employment when he or she interviews or discusses an offer of employment with an employer. A public employee has an “arrangement” concerning prospective employment when he or she accepts an offer of employment. The broad prohibition against involvement in County decisions concerning prospective employers applies to County employees as soon as they are involved in the interview process for a position. However, this prohibition has not been widely communicated to County employees.

It is desirable that County employees learn about the requirements of this state law and have an easily accessible source of information about the law. Therefore, the County Administrator is directed to provide a report to the Board on possible options for County implementation of this state law provision. For example, it may be appropriate to develop an Administrative Bulletin with procedures for local implementation of the section. It may also be desirable to provide periodic employee training on this and similar issues.

In addition, the County Administrator should explore other possible measures intended to ensure that the County’s contracting process retains the maximum level of objectivity and integrity.

NOTES:___________________

1. Gov. Code, § 87407:

“No public official shall make, participate in making, or use his or her official position to influence, any governmental decision directly relating to any person with whom he or she is negotiating, or has any arrangement concerning prospective employment.”

2. Gov. Code, § 82048.

3. Cal. Code Regs., tit. 2 § 18747.

CLERK'S ADDENDUM

ADOPTED the recommendation; and REFERRED the matter to the Internal Operations Committee for development of a clear policy.