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HomeMy WebLinkAbout1998-10-08 - Resolution No. 98-130 0 RESOLUTION NO. 98-13 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT ADOPTING A CONFLICT OF INTEREST CODE AND RESCINDING RESOLUTION NO. 96-13 WHEREAS, the Political Reform Act of 1974, Government Code Sections 81000, et seq., requires every state and local government agency to adopt and promulgate a Conflict of Interest Code and to amend the Code as necessitated by the changed circumstances to conform to the requirements of the Act; and, WHEREAS, the Board of Directors by Resolution 92-21 adopted a Conflict of Interest Code which incorporates the Model Conflict of Interest Code promulgated by the Fair Political Practices Commission of the State of California and specified by Appendix the designated positions for which reporting is required and the categories of financial interests required to be disclosed; and, WHEREAS, this Code was amended in 1994 by Resolution No. 94-17 and in 1996 by Resolution No. 96-13 and the Board of Directors has determined that an additional amendment is necessary to address consultants; and WHEREAS, the Board of Directors may, from time-to-time, retain consultants who advise or make recommendation to the Board of Directors by conducting research or an investigation, or preparing or presenting a report, analysis or opinion which requires the exercise of judgment on the part of the Consultant, and which is intended to influence a governmental decision of the Board. In such cases the consultant participates in the making of a governmental decision and should be designated under the District's Conflict of Interest Code. NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District as follows: Section 1. The terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission and the attached "Appendix A" in which officials and employees are designated and disclosure categories are set forth, are hereby incorporated by reference and constitute the Conflict of Interest Code for the Yorba Linda Water District. Section 2. Persons holding designated positions shall file statements of economic interests pursuant to the adopted Conflict of Interest Code. Section 3. The Board determines and finds that the position of Director is a public official who manages public investments within the meaning of Government Code Section 87200. The Board further determines that the General Manager has authority to designate other officials who shall have limited discretion over the investment of public funds and that such persons are also within the scope of Government Code Section 87200. As such the positions of Director, General Manager, and any person designated by the General Manager to manage public investments shall report under Article 2 of the • Political Reform Act and shall not be a designated position under the Conflict of Interest Code. Section 4. The position of "consultant" shall be added to Exhibit "A" as a designated position and those performing consultant services shall disclose pursuant to the broadest disclosure category in the Code, unless the General Manager makes a determination in writing that the limited scope of the consultant's duties does not require the broadest disclosure. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure required. The General Manager's determination is a public record and shall be retained for public inspection in the same manner and location as the Conflict of Interest Code. Section 5. The provisions of all Conflict of Interest Codes and amendments thereto previously adopted by Resolution Nos. 92-21, 94-17 and 96-13 are hereby amended to reflect the addition of "consultant" as a "designated position" and to specify the broadest disclosure category as a category under which the position of consultant shall disclose, unless the General Manager determines in writing that a different disclosure category should apply. Section 6. The District Secretary shall forward a copy of this Resolution, together with "Appendix A" of the Yorba Linda Water District's Conflict of Interest Code, to the Orange County Board of Supervisors for review and approval as required by California Government Code Section 87306.5. PASSED AND ADOPTED this 8th day of October, 1998, by the following called vote: Ayes: Fox, Scanlin, Armstrong, and Korn Noes: None Absent: None Abstain: None T President, Sterling L. Fox Yorba Linda Water District ATTEST: Secrklarn J. Robertson Yorba Linda Water District F-~ • • CONFLICT OF INTEREST CODE YORBA LINDA WATER DISTRICT APPENDIX A To Resolution No. 98-13 Page 1 of 2 Designated Positions and Disclosure Categories Public Officials, Consultants and Designated Positions Candidates for Director Assistant General Manager Auditor Attorney Executive Assistant to the General Manager Assistant Administrator Consultant (1) (1) The "designated position" of "Consultant" shall include only those consultants who participate in the making of a governmental decision by directly advising or making recommendations to the Board of Directors and whose duties involve conducting research or an investigation, preparing or presenting a report, analysis or opinion which requires the exercise of judgment on he part of the consultant which is intended to influence a decision of the Board. The "designated position" of "Consultant" shall report in the specified category unless the General Manager determines in writing that the limited scope of the consultant's duties does not require broad disclosure. In that case the General Manager shall make a written determination for such consultant which includes a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure required. Said determination shall be a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. Category of types of Business Entity, Investment, Sources of Income or Real Pror)ertv Disclosable 1. Banks and Savings & Loans 2. Building materials 3. Chemicals 4. Construction and Construction Material 5. Construction Equipment 6. Consulting Services: Legal, accounting, auditing, architectural, engineering, soils testing and compaction, energy and power, desalination, water quality testing and treatment, data processing, labor relations, public relations, planning, economics investment, environmental, underwriters, and appraisal. 7. Food services 8. Insurance 9. Laboratory equipment and supplies 10. Motor vehicles 11. Motor vehicle repairs 12. Newspapers and subscriptions 13. Office equipment, supplies and services 14. Petroleum products 15. Photographic equipment, supplies and 16. film processing 17. Pipe, valves, fittings, pumps, tanks, meters, and all water facility equipment material and supplies 18. Printing and reproduction 19. Public utilities 20. Real property 21. Safety equipment and facilities 22. Title companies 23. Travel arrangements and accommodations 24. Temporary help and employment agencies 25. Telemetering supplies, equipment and services 26. Communications equipment, supplies and services • 0 CONFLICT OF INTEREST CODE YORBA LINDA WATER DISTRICT APPENDIX A To Resolution No. 98-13 (continued) Page 2 of 2 Public Officials, Consultants and Designated Positions Business Manager Category of types of Business Entity, Investment, Sources of Income or Real ProDertv Disclosable 26. Security system equipment, supplies and services 27. Instructional equipment, supplies and services 28. Computer equipment, supplies and services 29. Medical services 30. Water quality testing equipment, supplies and services Categories 1, 6, 8, 12, 13, 15, 17, 18, 19, 21, 22, 23 and 28 Engineering Manager Operations Superintendent Categories 2, 4, 6, 9, 13, 15, 16, 17, 20, 21, 28 and 30 Categories 2, 3, 4, 5, 6, 9, 10, 11, 13, 14, 16, 20, 24, 28 and 30 Note: It has been determined that the position listed below manage public investments and will file a state of economic interests pursuant to Government Code Section 87000, rather than filing a Conflict of Interest form pursuant to the District's Code: a. Director, b. General Manager, c. Designees of the General Manager. 1 11