HomeMy WebLinkAbout2009-07-23 - Resolution No. 09-09
RESOLUTION NO. 09-09
' 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, 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 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 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.
Section 2. The provisions of all Conflict of Interest Codes and Amendments thereto
previously adopted by the Yorba Linda Water District and 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superseded.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.
Resolution No. 09-09 Adopting a Conflict of Interest Code 1
PASSED AND ADOPTED this 23'd day of July 2009, by the following called vote:
AYES: Directors Armstrong, Beverage, Collett and Mills
NOES: None
ABSTAIN: None
ABSENT: Director Summerfield
William R. Mills, Vice esi nt
Yorba Linda Water District
ATTEST:
P fit Grady, Assi to t Secretary
Yorba Linda W er District
' Reviewed as to form by General Counsel:
rthur G. Kidman, Esq.
McCormick, Kidman and Behrens
I
1
Resolution No. 09-09 Adopting a Conflict of Interest Code 2
CONFLICT OF INTEREST CODE OF 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
California Code of Regulations, 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 the Yorba
Linda Water District Board of Directors, General Manager or Designee of the
' General Manager, the 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. Statements for all other designated employees will be retained by
the Filing Officer.
1
Resolution No. 09-09 Adopting a Conflict of Interest Code 3
' APPENDIX
CONFLICT OF INTEREST CODE OF THE
YORBA LINDA WATER DISTRICT
EXHIBIT A
LIST OF DESIGNATED POSITIONS
Designated Positions Disclosure Categories
Member of the Board of Directors OC-01
Candidate for the Board of Directors OC-01
General Manager OC-01
Assistant General Manager OC-01
Designee of the General Manager OC-01
Auditor OC-01
Attorney OC-01
Consultant OC-30
Finance Director OC-41
Engineering Manager OC-41
Human Resources Manager OC-41
' Information Technology Director OC-41
Operations Manager OC-41
1
Resolution No. 09-09 Adopting a Conflict of Interest Code 4
' EXHIBIT B
LIST OF DISCLOSURE CATEGORIES
Disclosure Category Disclosure Description
OC-01 All interests in real property in Orange County or the District, as well as
investments, business positions and sources of income (including gifts,
loans and travel payments).
OC-30 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 Department Head/Director 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
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 Office for public
inspection.
OC41 All interests in real property in Orange County or the District, as well as
investments in, business positions with and income (including gifts, loans
and travel payments) from sources that provide services, supplies,
materials, machinery, vehicles, or equipment (including training and
consulting services used b this department.
Resolution No. 09-09 Adopting a Conflict of Interest Code 5