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HomeMy WebLinkAbout2024-09-12 - Resolution No. 2024-19RESOLUTION NO.2024-19 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, California Government Code Sections 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, Division 6, 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 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, Division 6, 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 Attachment A and 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all Conflict of Interest Codes and Amendments thereto previously adopted by the Yorba Linda Water District are hereby superseded. Resolution No. 2024-19 Adopting a Conflict of Interest Code 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 12t" day of September 2024 by the following called vote: AYES: Directors Barbre, DesRoches, and Lindsey NOES: None ABSTAIN: None ABSENT: Directors Hawkins and Hernandez ' Trudi DesRoches, President Yorba Linda Water District ATTEST: Annie Alexander, Board Secretary Yorba Linda Water District Reviewed as to form by General Counsel: An ew B. G en, Esq. Kidman G en Law LLP Resolution No. 2024-19 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, Title 2, Division 6, 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 Title 2, Division 6, 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 81008). Upon receipt of the statements of Members of the Board of Directors, General Manager, Assistant General Manager, Finance Manager, General Counsel, Labor Counsel, Accounting Supervisor, Assistant Engineer I, Assistant Engineer II, Assistant Engineer III, Associate Engineer, Customer Service Supervisor, Engineering Manager, Human Resources Analyst, Human Resources and Risk Manager, Information Systems Administrator, Maintenance Superintendent, Operations Assistant, Operations Manager, Operations Superintendent, Principal Engineer, Production Superintendent, Public Affairs Officer, Records Management Administrator, Senior Engineer, Senior Executive Assistant/Board Secretary, and Senior Information Systems Administrator, 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, such as consultants, will be retained by the Yorba Linda Water District's Filing Officer. Resolution No. 2024-19 Adopting a Conflict of Interest Code 3 Entity:Water Districts Yorba Linda Water DistrictAgency: Conflict of Interest Code EXHIBIT A Position Disclosure Category Files With Accounting Supervisor OC-05 COB Assistant Engineer I OC-05 COB Assistant Engineer II OC-05 COB Assistant Engineer III OC-05 COB Associate Engineer OC-05 COB Consultant OC-30 Agency Customer Service Supervisor OC-05 COB Engineering Manager OC-41 COB General Counsel OC-01 COB Human Resources Analyst OC-05 COB Human Resources and Risk Manager OC-41 COB Information Systems Administrator OC-05 COB Labor Counsel OC-01 COB Maintenance Superintendent OC-05 COB Operations Assistant OC-05 COB Operations Manager OC-41 COB Operations Superintendent OC-05 COB Principal Engineer OC-05 COB Production Superintendent OC-05 COB Public Affairs Officer OC-05 COB Records Management Administrator OC-05 COB Senior Engineer OC-05 COB Senior Executive Assistant/Board Secretary OC-05 COB Senior Information Systems Administrator OC-05 COB Total: 24 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: Page 1 of 2 Entity:Water Districts Yorba Linda Water DistrictAgency: Conflict of Interest Code EXHIBIT A 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). Page 2 of 2 Disclosure Category Disclosure Description Water Districts Yorba Linda Water District Entity: Agency: Disclosure Descriptions EXHIBIT B 87200 Filer Form 87200 filers shall complete all schedules for Form 700 and 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.. 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 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 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. OC-41 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, machinery, vehicles, or equipment (including training and consulting services) used by the County Department, Authority or District, as applicable. Grand Total: 5 Page 1 of 1