The URL can be used to link to this page

Home My WebLink About2010-06-10 - Resolution No. 10-15 RESOLUTION NO. 10-15 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 positions 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all Conflict of Interest Codes and Amendments thereto previously adopted by the Yorba Linda Water District are hereby superseded.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. Resolution No. 10-15 Adopting a Conflict of Interest Code 1 PASSED AND ADOPTED this 10th day of June 2010, by the following called vote. ' AYES: Directors Beverage, Collett and Summerfield NOES: None ABSTAIN: None ABSENT Directors Hawkins and Mills Michael J. Bev age, Vice P dent Yorba Linda Water District ATTEST Ke Vecchiarelli, Secretary Yorba Linda Water District ' Reviewed as to form by General Counsel: 410 Arthur G. Kidman, Esq. McCormick, Kidman and Behrens Resolution No 10-15 Adopting a Conflict of Interest Code 2 ' ATTACHMENT A 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). Except as specified below, statements for designated employees will be retained by the Agency's Filing Officer Upon receipt of the statements of the Engineering Manager, Human Resources Manager, Information Technology Director, Operations Manager, Chief Plant Operator, Customer Service Supervisor, Information Systems Administrator, Management Analyst, Operations Assistant, Project Engineer, Public Information Specialist, SCADA Administrator, Senior Accountant, Senior Project Manager, Storekeeper, Water Maintenance Superintendent, Water Quality Engineer and Attorney, 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 positions. 1 Resolution No. 10-15 Adopting a Conflict of Interest Code 3 ' OFFICIALS WHO MANAGE PUBLIC INVESTMENTS Officials who manage public investments, as defined by 2, California Code of Regulations§ 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.). [ § 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: Member of the Board of Directors General Manager (Secretary) Assistant General Manager (Assistant Secretary) Finance Director (Auditor) These positions shall file original statements with the Clerk of the Orange County Board of Supervisors. The disclosure categories and requirements for these positions are set forth in article 2 of chapter 7 of the Political Reform Act, Government Code Section 87200 et. Seq. 1 Resolution No. 10-15 Adopting a Conflict of Interest Code 4 ' APPENDIX CONFLICT OF INTEREST CODE OF THE YORBA LINDA WATER DISTRICT EXHIBIT A LIST OF DESIGNATED POSITIONS Attorne Designated Positions Disclosure Cate ories Chief Plant O erator OC-01 OC-05 Customer Service Su e-; r OC-05 Information S stems Administrator OC-05 Mana ement Anal st O erations Assistant OC-05 OC-05 Pro'ect En ineer OC 05 Public Information Specialist OC-05 SCADA Administrator OC-05 Senior Accountant ' Senior Pro ect OC-05 Mana er OC-05 Storekee er Water Maintenance Su erintendent OC-05 OC-05 Water pant Engineer OC-05 Consultant OC-30 En ineerin Mana er OC-41 Human Resources Mana er OC-41 Information Technology Director OC-41 0 erations Mana er OC41 Resolution No. 10-15 Adopting a Conflict of Interest Code 5 ' EXHIBIT B LIST OF DISCLOSURE CATEGORIES Disclosure Category Disclosure Description OC-01 All interests in real property in Orange County, the authority or the District as applicable, as well as investments, business positions and sources of income (including gifts, loans and travel payments) OC-05 All investments in, business positions with and income (including gifts, loans and travel payments) from sources that provide services, supplies, materials, machinery, equipment (including training and consulting services) used by the County Department, Authority or District, as applicable. 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/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 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 b the Filing Office for public inspection. OC-41 All interests in real property in Orange County or the District 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, machinery, vehicles, or equipment (including training and consulting services) used by the County Department, Authority or District, as applicable. 1 I Resolution No. 10-15 Adopting a Conflict of Interest Code 5