Loading...
HomeMy WebLinkAbout1994-09-22 - Resolution No. 94-17• f RESOLUTION NO. 94-17 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT ADOPTING A CONFLICT OF INTEREST CODE AND RESCINDING RESOLUTION NO. 92-21 WHEREAS, the Political Reform Act of 1974, Government Code Sections 81000, et 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, recent amendments to the Political Reform Act, Government Code Sections 81000, et seq., require public officials who manage public investments to report under Article 2 of the Political Reform Act, rather than the District's Conflict of Interest Code; and, WHEREAS, under the Fair Political Practices Commission regulations and the investment policy adopted by the Board of Directors, the General Manager and his designee have authority to manage the investment of District funds and are, therefore, required to report under Article 2; and WHEREAS, the Fair Political Practices Commission has adopted a regulation, 2 Cal. Code of Regulations Section 18730, which contains the terms of a standard model Conflict of Interest Code, which can be incorporated by reference, and which will be amended to conform to amendments in the Political Reform Act after public notice and hearings conducted by the Fair Political Practices Commission pursuant to the Administrative Procedure Act, Government Code Section 11370, et seq., and, WHEREAS, incorporation by reference of the terms of the aforementioned regulation and amendments to it in Conflict of Interest Codes will save this body time and money by minimizing the actions required of this body to keep the District's Code 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 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. 0 0 Section 3. The Board determines and finds that the positions of General Manager and any person designated by the General Manager to invest District Funds pursuant to the Public Funds Invest Policy of the District are public officials who manage public investments within the meaning of Government Code Section 87200, notwithstanding the listing of a position in Appendix A as a designated position, any person to whom the authority to manage investment of District funds is delegated, and the General Manager shall report under Article 2 of the Political Reform Act and not under the Conflict of Interest Code of the District. Section 4. The provisions of all Conflict of Interest Codes and amendments thereto previously adopted by Resolution No. 92-21 are hereby superseded. 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 Orange County Board of Supervisors for review and approval as required by California Government Code Section 87306.5. PASSED AND ADOPTED this 22nd day of September, 1994, by the following called vote: Ayes: 5 - Carl Scanlin, Arthur Korn, Paul Armstrong, Michael Beverage Noes: 0 and Sterling Fox Absent: 0 Abstain: 0 Presicent, Carl T. Scanlin Yorba Linda Water District Yorba Linda Water District 0 0 CONFLICT OF INTEREST CODE YORBA LINDA WATER DISTRICT APPENDIX A To Resolution No. 94.17 Page 1 of 2 Designated Positions and Disclosure Categories Category of types of Business Entity, Public Officials, Consultants Investment, Sources of Income or and Desienated Positions Real Property Disclosable Directors or Candidates for Director Assistant General Manager 2 Auditor 3 Attorney 4 Executive Assistant to the General Manager 5 Assistant Administrator 6 7. 8. 9. lU 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Banks and Savings & Loans Building materials Chemicals Construction and Construction Materials Construction Equipment Consulting Services: Legal, accounting, auditing, architectural, engineering, soils 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. Food services Insurance Laboratory equipment and supplies Motor vehicles Motor vehicle repairs Newspapers and subscriptions Office equipment, supplies and services Petroleum products Photographic equipment, supplies and film processing Pipe, valves, fittings, pumps, tanks, meters, and all water facility equipment material and supplies Printing and reproduction Public utilities Real property Safety equipment and facilities Title companies Travel arrangements and accommodations Temporary help and employment agencies Telemetering supplies, equipment and services Communications equipment, supplies and services Security system equipment, supplies and services CONFLICT OF INTEREST CODE YORBA LINDA WATER DISTRICT APPENDIX A To Resolution No. 94-17 (continued) Page 2 of 2 Public Officials, Consultants and Designated Positions Business Manager Engineering Manager Operations Superintendent Category of types of Business Entity, Investment, Sources of Income or Real Property Disclosable 27. Instructional equipment, supplies and services 28. Computer equipment, supplies and services 29. Medical services 30. Water quality testing equipment, supplies and services Categories 1, 6, 8, 12, 13, 15, 17, 18, 19, 21, 22, 23 and 28 Categories 2, 4, 6, 9, 13, 15, 16, 17, 20, 21, 28 and 30 Categories 2, 3, 4, 5, 6, 9, 10, 11, 13, 14, 16, 20, 24, 28 and 30 0 Title 2 Fair Political Practices Commission California Code of Regulations i 1VM. Provisions of Conflict of into so Codes. (a) Incorporation by reference of the tams of this regulation along with the designation of employees and the formulation of disclosure cate- gories in the Appendix mferttd to below constitute the adoption and pro.- mugation of a conflict of interest code within the meaning of Govern- ment Code section 87300 or the amendment of a conflict of interest code within the meaning of GovernmentCode section 87307 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the re- porting of reportable items in a manner substantially equivalent to the re- quirements of article 2 of chapter 7 of the Political Reform Act. Govern- ment Code sections 81000, et aeq. 7bc requirements of a conflict of interest code are in addition to odwrsquirsments of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Government Code section 87100, and to other state or local laws per- taining to conflicts of interest. (b) 7be terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows: (1) Section 1. Definitions. 7bc definitions contained in the Political Reform Act of 1974. rtgula- tions of the Fair Political Practices Commission (2 Cal. Code of Regs. sections 18100 et seq.), and any amendments to the Act or regulations. an incorporated by reference into this conflict of interest code. (2) Section 2. Designated Employees. The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may fortweably have a muerial effect on financial interests. (3) Section 3. Disclosure Categories. This code does not establish any disclosure obligation for those desig- nated employees who art also specified in Government Code section 87200 if they are designated in this code in that same capacity or if the geographi-cal jurisdiction of this agency is the same as or is wholly in- cluded within the jurisdiction in which those persons must report their fi- nancial interests pursuant to article 2 of chapter 7 of the Political Reform Act, Government Code sections 87200, et seq. I Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories act forth in the Appendix specify which kinds of financial interests are reportable. Such a desig- sued employee shall disclose in his or her statement of economic inter- ests those fu vwW interests he or she has which are of the kind described in the disclosure categories to which he or she is assigned in the Appen- dix. It has been determined that the financial interests set forth in a desig- nated employee's disclosure categories art the kinds of financial interests which he or she foreseably can affect materially through the conduct of his or her office. (4) Section 4. Statements of Economic Interests: Place of Filing. 11be code reviewing body shall instruct all designated employees with- in its code to file statements of economic interests with the agency a with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest coder (5) Section 5. Statements of Economic Interests: Tune of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, protoul- pted and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Tlhereafta, each per- son already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All pensorts assuming designated positions after the effective date of this code shall file statements within 30 days aftesassuming the designated positions, or if subject toState Sen- ate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April 1. (D) Leaving Office Statements. All persons who leave designated po- sitions shall file statements within 30 days after leaving office. (53) Section 53. Statements for Persons Who Resign 30 Days After Appointment. Persons who resign within 30 days of initial appointment am not deemed to have assumed office or left office provided they did not make or participate in the making of. or use their position to influence any deci- sion and did not receive or become entitled to receive any form of pay- went as a result of their appointment. Such persons shall not file either an assuming or leaving office statement. (6) Section 6. Contents of and Period Covered by Statements of Eco- nomic Interests. (A) Contents of Initial Statements. Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code. (B) Contents of Assuming Office Statements. Assuming office statements shall disclose any reportable investments. interests in rtal property and business positions held on the date of assum- ing office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office orthe date of being appointed ornominated, rtspectively. (C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and busi- ness positions held or received during the previous Calendar year pro- vided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of as- suming office whichever is later. (D) Contents of Leaving Office Statements. Leaving office statements shall disclose reportable investments,inter- esu in teal property, income and business positions held or received dur- ing the period between the closing date of the last statement filed and the date of laving office. (7) Section 7. Manncr of Reporting. Statements of eoonomic interests shall be rude on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information: (A) hrveatment and Real Property Disclosure. Wbee tm investment or an intcmt at sal property' is required to be sepated.`tbe Statement shall contain the following. 1. A SI - meet of the natant of the investment or interest; 2. The acme of the business entity in which each investment is held. and a gm ail description of the business activity in which the business entity is engaged; 3. The address or other praise location c(the teal property; Al. A statement whetherthe fair market value of the investment orinter- est in real property exceeds one thousand dollars (S 1.000), exceeds ten thousand dollars ($10,000), or exceeds one hundred thousand dollars (S 100.000). • (B) Personal Income Disclos re. Wben personal income is required to be reported.' the statement shall contain: 1. The name and address of each srourve of iocome aggregating two bwxtmd fifty dollars (5250) or more in value, or fifty dollars (S50) or more in value if the income was a gift. and a general description of the business activity, if any, of each source. 2. A statement whether the aggregate value-of income from each source, or in the can of a loan, the highest amount rind to each source, was one thousand dollars (S 1,000) or less, grata than one thousand dol- lars (S 1,000), or greater than ten thousand dollars (510,000); 3. A description of the consideration. if any, forwhich the income was received; 4. In the case of a gift, the name. address and business activity of the donor and any intermediary through which the gift was made; a descrip. tion of the gift; the amount or value of the gift; and the date on which the gift was received; 5. In the use of a loan, the annual interest raft and the security, if any, given for the loan. (C) Business Entity Income Disclosure. When income of a business entity, including income of a stole proprietorship, is required to be it- ported.' the statement shall contain: 1- The name, address, and a general description of the business activity of the business entity; 2. The name of every person from whom the business entity received payments if the filet's pro rata share of gross receipts from arch person was equal to or greater than ten thousand dollars ($10,000). (D) Business Position Disclosure. When business positions are re- quired to be reported, a designated employee shall list the name and ad- dress of each business entity in which he or she is a director, officer, part- ner, trustee, employee, or in which be or she holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the busi. ness entity. (E) Acquisition or Disposal During Repotting Period. In the use of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired ordisposed of during the period covered by the statement, the statement shall contain the date of acquisi- tion or disposal. (8) Section 8. Disqualification. No designated employee shall make, participate in making, or in any way attempt to use his or her official position to influence the making of any governmental decision which he or she knows or has reason to know will have a reasonably foreseeable material financial effect, distinguish- able from its effect on the public generally, on the official or a member of his or her immediate family or on: (A) Any business entity in which the designated employee has a direct or indirect investment worth one thousand dollars (51,000) or more; (B) Any real property in which the designated employee has a direct or indirect interest worth one thousand dollars (51.000) or more; (C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating two hundred fifty dollars ($230) or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any businessentity in which the desdgmod employee is a director. officer, partner. trustee. employee. or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of. a gift or gifts aggregating 5250 or more in value provided to; nceived by, or promised to the designated employee within 12 months prior to the time when the decision is made. (8.3) Section 83. Legally Required Participation. r No designated employee shall be prevented h m making or participat- ing in the making of any decision to the extent his or her participation is kgslly required for the decision to be made. The fact that the vote of a designated employee who is on a voting body is needed to break a tie does sot make his or her participation legally nrgt» red for purposes of this am- tion. (8.5) Section 8.5. Disqualification of Slue Of -kcrs and Employees. b addition to the general disqualification provisions of section 8, no amt administrative official shall make. participate in making, or use his err her off vial position to Muerice any governmental decision directly selating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom 6e sure administrative official, or any member of his or her immediate family has. within 12 months prior to the time when the official action is b be taken: (A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property. or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value one thousand dollars (S 1,000) at more. (9) Section 9. Manner of Disqualification. When a designated employee determines that he or she should not make a governmental decision because he or the has a disqualifying in- wrest in it, the determination not to act must be accompanied by disclo- sure of the disqualifying interest. In the case of a voting body, this deter- mination and disclosure shall be made part of the agency's official record; in the case of a designated employee who is the head of an agency. this determination and disclosure shall be made in writing to his or her appointing authority; and in the case of other designated employees, this determination and disclosure shall be made in writing to the designated employee's supervisor. (10) Section 10. Assistance of the Commission and Counsel. Any designated employee who is unsure of his or her duties under this code may request assistance from the Fair Political Practices Commis- sion pursuant to Government Code section 83114 or from the attorney for his or her agency, provided that nothing in this section requites the anor- ney for the agency to issue any formal or informal opinion. (11) Section 11. Violations. 'Ibis code has the force and effect of law. Designated employees vio- lating any provision of this code ass subject to the administrative. chmi- sal and civil sanctions provided in the Political Reform Act, Government Code sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Govem- tatent Code section 87100 or 87450 has occurred may be set aside as void pursuant to Govemmcni Code section 91003. Nam Authority cited: Section 93112. Government Code. Reference: Secdons 1730047302. Government Code. Hmmy 1. New section filed 4-2410 as an emerrmy; effective upon filing (Register 90, No. 14). Certificate of Compharce included. 2. Editorial carrection (Register 10, No. 29). 3. Amendnxm of subsection (b) filed 1-9-6 1; effective thirtieth day doe after Qegiseer 11, No. 2). 4. As outnent of subsection (b)(7)(B)1. 0k+d 1-26-93; effective thirtieth day dwodkr (Register 83, No. 5). S. A sendmeq of subsection (b)(7KA) mad 11-1043; effective dtetietb iy dorsaAer (Register 13, No. 46). f. Ameedrmmt^riled 4-13-97; operative S-1347 (Register 17, No. 16). 7. Amendment of subsection (b) filed 10-21-48; operative 11-2049 plegista It. No. 461. 1. Amendment of subsections (bX6KA) sad (bKtKB) and sonorous editorial changes filed 1-29-90; operative 9-27-90 (Iteg. 90, No. 42). t Designated employees wbo see required to 0k wtememta of sccoook roseate Under any other agenry's conflict of interest code. or under .nick 2 for a d1Ber- M jurod+cuon. taay sapsrd their soterment of semantic interests so oovcrra- portable imerews a both prodietieea, end file copies of this expanded sue- E ascot with both =lilies in lieu of filing separate and distinct ststemenu. pcmided that each aop~ of such esp=ded statemeta filed in plece of an original a signed end verified b the designated empioyse n dig were ao aigirul. S. Government Cade section 91004. 3 See (ivvernneoI Code section 91010 std 2 Cal. Code o( Rep. section 11115 for the dtaies offiling allow and persome is agencies wbo oske d resinco pin of antements and forward the originals to dde f11ng dicer. s For the purpose of docksue only dot d* n hfx*u m an earnest a real prop arty does not include the principal reaadesoe of the Mar. a Lrvewmenu and inte===Z l - hicbsve a fairsaket v lue ofless don SIA00 we not is real property within the mean- Jog of the political Reform Act Hon rvM imvestmens ar ietnesu in ~ property of an individual include those beld by the individual's spot= dependent child= as well as a pro no sh=e of any rove mrc t or interest in seal property of any business entity a grist in wbicb the individual, epouae end ~n chttkh" own. is the eigpapse, a direct. i=dled or beneficial inter. on of 10 percent or greater. s A designated nWloyee s imcame iaebides his a ber community poperty mer- est in the non=e of his of ber apotsse but does not include salary or mvnbur w- meat for expenses received from a star, local at federal goverub mi egenc). s htoome of• business entity is repotabie if the direct, fuiect or beneficial iusr- au of the filer end the filer's spouse in the business unity sgp pws a 10 per. amt or greater merest In additiao, die disclosure of person who are clients or eusicown of a business unity is required only if the clients cc customers we within one of the dockstae categories of the flier.