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HomeMy WebLinkAbout2017-04-26 - Resolution No. FA-17-02 RESOLUTION NO. FA-17-02 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT FINANCING AUTHORITY ADOPTING A CONFLICT OF INTEREST CODE WHEREAS, the Political Reform Act of 1974, Government Code Section 81000 et. seq. ("the Act"), requires a local government agency to adopt a Conflict of Interest Code pursuant to the Act; and WHEREAS, the Yorba Linda Water District Financing Authority has not previously adopted a Conflict of Interest Code; and WHEREAS, amendments to the Act have in the past and foreseeably will in the future require conforming amendments to be made to the Conflict of Interest Code; and WHEREAS, the Fair Political Practices Commission has adopted a regulation, Title 2, California Code of Regulations, Section 18730, which contains terms for a standard model Conflict of Interest Code, which, together with amendments thereto, may be adopted by public agencies and incorporated by reference to save public agencies time and money by minimizing the actions required of such agencies to keep their codes in conformity with the Political Reform Act. NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District Financing Authority as follows: Section 1. The terms of Title 2, California Code of Regulations, Section 18730 (Attachment A) and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and, together with Exhibits A and B in which members and employees are designated and disclosure categories are set forth, constitute the Conflict of Interest Code of the Yorba Linda Water District Financing Authority. Section 2. The Filing Officer is hereby authorized to forward a copy of this Resolution to the Clerk of the Orange County Board of Supervisors for review and approval by the Orange County Board of Supervisors as required by California Government Code Section 87303. Resolution No. FA-17-02 Adopting a Conflict of Interest Code PASSED AND ADOPTED this 2511 day of April 2017, by the following called vote: AYES: Directors Hall, Hawkins, Jones, Miller and Nedernood NOES: None ABSTAIN: None ABSENT: None J. Wayne Miller, Ph.D., President YLWD Financing Authority ATTEST: Annie Alexander, Board Secretary YLWD Financing Authority Reviewed as to form by General Counsel: Andrew B. Gagen,,O�-_sq. Kidman Law LLP Resolution No. FA-17-02 Adopting a Conflict of Interest Code 2 ATTACHMENT A CONFLICT OF INTEREST CODE FOR THE YORBA LINDA WATER DISTRICT FINANCING AUTHORITY The Political Reform Act, Government Code Sections 81000, et seq., requires state and local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs. Section 18730) which contains the terms of a standard Conflict of Interest Code, which may be incorporated by reference in an agency's code. After public notice and hearing it may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendix designating officials and employees and establishing disclosure categories, shall constitute the Conflict of Interest Code of the Yorba Linda Water District Financing Authority. Designated employees shall file statements of economic interests with the Yorba Linda Water District Financing Authority Political Reform Act Filing Officer, Board Secretary, who will make the statements available for public inspection and reproduction (Government Code Section 82008). Upon receipt of the statements of Members of the Board of Directors, General Manager (Executive Director), Finance Manager (Treasurer), and General Counsel, the Yorba Linda Water District Financing Authority's Filing Officer shall make and retain a copy and forward the original of these statements to the Clerk of the Orange County Board of Supervisors as the Filing Officer for this designated position. Statements for all other designated employees will be retained by the Yorba Linda Water District Financing Authority's Filing Officer. Resolution No. FA-17-02 Adopting a Conflict of Interest Code 3 CONFLICT OF INTEREST CODE EXHIBIT A Agency: Yorba Linda Water District Financing Authority Position Disclosure Files With Category Consultant OC-30 Agency General Counsel OC-01 j COB OFFICIALS WHO MANAGE PUBLIC INVESTMENTS Officials who manage public investments, as defined by 2 Cal. Code of Regs. § 18701 (b), are NOT subject to the Agency's code, but are subject to the disclosure requirement of the Act. (Government Code Section 87200 et seq.). [Regs. § 18730(b)(3)] These positions are listed here for informational purposes only. It has been determined that the positions listed below are officials who manage public investments: Finance Manager (Treasurer) Files with COB General Manager (Executive Director) Files with COB Member of the Board of Directors Files with COB Resolution No. FA-17-02 Adopting a Conflict of Interest Code 4 Disclosure Descriptions EXHIBIT B Agency: Yorba Linda Water District Financing Authority Disclosure Category Disclosure Description Form 87200 filers shall complete all schedules for Form 700 and 87200 Filer disclose all reportable sources of income, interests in real property, investments and business positions in business entities, if applicable, pursuant to Government Code Section 87200 et seq.. All interests in real property in Orange County, the authority or the OC-01 District as applicable, as well as investments, business positions and sources of income (including gifts, loans and travel payments). Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest category in the code subject to the following limitation: The County Department Head/Director/General Manager/Superintendent/etc. may determine that a particular consultant, although a "designated position", is hired OC-30 to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements of this section. 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 determination of disclosure is a public record and shall be filed with the Form 700 and retained by the Filing officer for public inspection. Resolution No. FA-17-02 Adopting a Conflict of Interest Code 5