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Home My WebLink About2008-09-11 - Resolution No. 08-10RESOLUTION NO. 08-10 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT ADOPTING A CONFLICT OF INTEREST CODE AND RESCINDING RESOLUTION NO. 04-05 WHEREAS, the Political Reform Act of 1974, Government Code Sections 81000, at 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, in 1996 by Resolution No. 96-13, in 1998 by Resolution No. 98-13, with the latest amendments being adopted by Resolution No. 04-05 and filed with the Orange County Board of Supervisors in September of 2004; and WHEREAS, the Board of Directors at their regular Board of Directors meeting of September 11, 2008 finds that additional changes in staffing require the Code ' to be amended and that the changes are incorporated into this Resolution and in accordance 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 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 positions of "Human Resources Manager, Information Technology Director' have been added and the position of "Business Manager has been changed to Finance Director" and collectively hereby incorporated into this Resolution as designated positions 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 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 Grange County Board of Supervisors for review and approval as required by California Government Code Section 873476.5. Section 6; That Resolution No. 474-05 and all conflicting minute orders are hereby rescinded immediately following adoption of this Resolution. PASSED AND ADOPTED this 'l tth day of September 2008, by the following called vote: Ayes: Directors Collett, Summerfield, Mills and Beverage Noes: None Absent: :Director Armstrong Abstain: bone asident; o n W. Summerfie Yorba Linda Water District ATTEST: Secretary, Yorba Linda Watf CONFLICT OF INTEREST CODE YORBA LINDA WATER DISTRICT 1 n 1 APPENDIX A To Resolution No. 08-10 Designated Positions and Disclosure Categories Category of types of Business Entity, Public Officials, Consultants Investment, Sources of Income or and Designated Positions Real Property Disclosable Candidates for Director Assistant General Manager Auditor Attorneys Assistant Administrator 11 Human Resources Manager Information Technology Director Consultant °0 (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 the 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. 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, soil 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 film processing 16. Pipe, valves, fittings, pumps, tanks, meters, .and all water facility equipment material and supplies 17. Printing and reproduction 18. Public utilities 19. Real property 20. Safety equipment and facilities 21. Title companies 22. Travel arrangements and accommodations 23. Temporary help and employment agencies 24. Tele metering supplies, equipment and services 25. Communications equipment, supplies and services Page 1 of 2 CONFLICT OF INTEREST CODE YORSA LINDA WATER DISTRICT APPENDIX A To Resolution No. 08-10 Designated Positions and Disclosure Categories Category of types of Business Entity, Public Officials, Consultants Investment, Sources of Income or and Designated Positions Real Property 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 Finance Director Categories: 1, 6, 8, 12, 13, 15, 17, 18, 19, 21, 22, 23 and 28. Engineering Manager Categories: 2, 4, 6, 9, 12, 13, 15, 16, 17, 18, 20, 21, 22, 23, 24, 25, 28 and 30. Human Resources Manager Categories: 6, 7, 8, 12, 13, 15, 17, 18, 19, 20, 22, 23, 26,28 and 29. Information Technology Director Categories: 1, 6, 12, 13, 15, 17, 18, 19, 21, 22, 23, 24, 25, 26 and 28. Operations Manager Categories: 2, 3, 4, 5, 6, 9, 10, 11, 13, 14, 15, 16, 17, 20, 23, 24, 25, 26, 28 and 30. Note: It has been determined that the positions 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. Page 2 of 2