HomeMy WebLinkAbout2019-10-22 - Resolution No. 2019-29 RESOLUTION NO. 2019-29
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
ADOPTING A CONFLICT OF INTEREST CODE WHICH
SUPERSEDES ALL PRIOR CONFLICT OF INTEREST CODES
AND AMENDMENTS PREVIOUSLY ADOPTED
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 has previously adopted a Conflict of Interest
Code and that Code now requires updating; 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 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
Resolution No. 2019-29 Adopting a Conflict of Interest Code 1
disclosure categories are set forth, constitute the Conflict of Interest Code
of the Yorba Linda Water District.
Section 2. The provisions of all Conflict of Interest Codes and Amendments thereto
previously adopted by the Yorba Linda Water District are hereby
superseded.
Section 3. 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.
PASSED AND ADOPTED this 22nd of October 2019 by the following called vote:
AYES: Directors Hall, Jones, Miller and Nederhood
NOES: None
ABSTAIN: None
ABSENT: Director Hawkins
)Cp
Brooke Jos, resident
Yorba Linda Water District
ATTEST:
,
Annie Alexander, Board Secretary
Yorba Linda Water District
Reviewed as to form by General Counsel
....................
And rew B. Gag , Esq.
Kidman Gagers Law LLP
Resolution No.2019-29 Adopting a Conflict of Interest Code 2
ATTACHMENT A
CONFLICT OF INTEREST CODE FOR THE
YORBA LINDA WATER DISTRICT
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.
Designated employees shall file statements of economic interests with the Yorba Linda
Water District's 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,
Assistant General Manager, Finance Manager, General Counsel, Labor Counsel,
Associate Engineer, Customer Service Billing Administrator, Director of Public Affairs,
Engineering Manager, Human Resources and Risk Manager, Information Systems
Administrator, Information Technology Manager, Maintenance Superintendent,
Management Analyst, Operations Assistant, Operations Manager, Operations
Superintendent, Principal Engineer, Production Superintendent, Senior Accountant,
Senior Engineer, Senior Information Systems Administrator, Senior Management
Analyst, Senior Mechanic, and Senior Project Manager, the Yorba Linda Water District'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 these
designated positions.
Statements for all other designated positions will be retained by the Yorba Linda Water
District's Filing Officer.
Resolution No.2019-29 Adopting a Conflict of Interest Code 3
Conflict of Interest Code
EXHIBIT A (Final Draft)
Entity: Water Districts
Agency: Yorba Linda Water District
Disclosure
Position Category Files With
Associate Engineer OC-05 COB
(Consultant OC-30 I Agency
(Customer Service Billing Administrator OC-05 COB
IDirector of Public Affairs �OC-41 COB
(Engineering Manager �OC-41 I COB
IGeneral Counsel IOC-01 COB
(Human Resources and Risk Manager IOC-41 I COB
Information Systems Administrator IOC-05 I COB
(Information Technology Manager IOC-41 I COB
(Labor Counsel IOC-01 COB
(Maintenance Superintendent IOC-05 I COB
(Management Analyst IOC-05 COB
(Operations Assistant IOC-05 I COB
Operations Manager IOC-41 I COB
(Operations Superintendent IOC-05 I COB
(Principal Engineer IOC-05 COB
Production Superintendent I OC-05 COB
Senior Accountant I OC-05 COB
Senior Engineer IOC-05 COB
(Senior Information Systems Administrator IOC-05 I COB
Senior Management Analyst I OC-05 I COB
Senior Mechanic IOC-05 I COB
Senior Project Manager IOC-05 COB
Total: 23
OFFICIALS WHO ARE SPECIFIED IN GOVERNMENT CODE SECTION 87200
Officials who are specified in Government Code section 87200 (including officials who manage public investments, as
defined by 2 Cal. Code of Regs. § 18700.3 (b)), are NOT subject to the Agency's Conflict of Interest Code, but are
subject to the disclosure requirements of the Political Reform Act,Government Code section 87100,et seq. Gov't Code§
87203.These positions are listed here for informational purposes only.
The positions listed below are officials who are specified in Government Code section 87200:
Resolution No.2019-29 Adopting a Conflict of Interest Code 1
Conflict of Interest Code
EXHIBIT A (Final Draft)
Entity: Water Districts
Agency: Yorba Linda Water District
Assistant General Manager Files with COB
Finance Manager Files with COB
General Manager Files with COB
Member of the Board of Directors Files with COB
The disclosure requirements for these positions are set forth in Government Code section 87200, et. seq. They require the
disclosure of interests in real property in the agency's jurisdiction, as well as investments, business positions and sources
of income(including gifts,loans and travel payments).
Resolution No.2019-29 Adopting a Conflict of Interest Code 2
Disclosure Descriptions
EXHIBIT B (Final Draft)
Entity: Water Districts
Agency: Yorba Linda Water District
Disclosure Category Disclosure Description
Form 87200 filers shall complete all schedules for Form 700 and disclose all
reportable sources of income, interests in real property, investments and business
87200 Filer 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 District as
OC-01 applicable,as well as investments, business positions and sources of income
(including gifts, loans and travel payments).
All investments in, business positions with and income(including gifts, loans and
travel payments)from sources that provide services, supplies, materials, machinery,
OC-05 equipment(including training and consulting services) used by the County
Department,Authority or District, as applicable.
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 to
perform a range of duties that is limited in scope and thus is not required to fully
OC-30 comply with the disclosure requirements in 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.
All interests in real property in Orange County, the District or Authority, as applicable,
as well as investments in, business positions with and income(including gifts, loans
and travel payments)from sources that provide services, supplies, materials,
OC-41 machinery, vehicles,or equipment(including training and consulting services) used
by the County Department, Authority or District, as applicable.
Grand Total: 5
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