HomeMy WebLinkAbout1996-09-05 - Resolution No. 96-13• •
RESOLUTION NO. 96-13
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
ADOPTING A CONFLICT OF INTEREST CODE
AND RESCINDING RESOLUTION NO. 94-17
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, this Code was amended in 1994 by Resolution No. 94-17; 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, previously only the General Manager or his designee were deemed to have authority to
manage the investment of District funds and thus the only employees required to
report under Article 2 of the Political Reform Act, rather than the District's Conflict of
Interest Code; and
WHEREAS, the Fair Political Practices Commission has recently rendered decisions that members
of the Board of Directors responsible for the formulation and approval of the
investment policies are required to report under Article 2 of the Political Reform Act
rather than the District's Conflict of Interest Code.
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.
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.
As such the position of Director is hereby deleted from "Appendix A" to the Code as a
"designated position."
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Section 4. Further, because conflict of interest codes are public documents and to avoid
confusion, "Appendix " shall contain a "Note" as follows:
"It has been determined that the positions listed below manage public
investments and will file a statement of economic interests pursuant
to Government Code 87200:
a. Directors,
b. General Manager,
c. Designee of General Manager."
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Section 5. The provisions of all Conflict of Interest Codes and amendments thereto previously
adopted by Resolution Nos. 92-21 and 94-17 are hereby amended to reflect this
change in the reporting of the status of members of the Board of Directors.
Section 6. 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 5th day of September, 1996, by the following called vote:
Ayes: Beverage, Armstrong, Fox, Scanlin, and Korn
Noes: None
Absent: None
Abstain: None
President, Michae . Beverage
Yorba Linda Water District
A
William J. Robertson
Yorba Linda Water District
CONFLICT OF INTEREST CODE
YORBA LINDA WATER DISTRICT
APPENDIX A
To Resolution No. 96-13
Page 1 of 2
Designated Positions and Disclosure Categories
Category of types of Business Entity,
Public Officials, Consultants Investment, Sources of Income or
and Designated Positions Real Pror)erty Disclosable
Candidates for Director 1. Banks and Savings & Loans
Assistant General Manager 2. Building materials
Auditor 3. Chemicals
Attorney 4. Construction and Construction Materials
Executive Assistant to the General Manager 5. Construction Equipment
Assistant Administrator 6. 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.
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. Telemetering supplies, equipment and
services
25. Communications equipment, supplies and
services
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CONFLICT OF INTEREST CODE
YORBA LINDA WATER DISTRICT
APPENDIX A
To Resolution No. 96-13
(continued)
Page-2 of 2
Category of types of Business Entity,
Public Officials, Consultants
Investment, Sources of Income or
and Designated Positions
Real Prooertv 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
Business Manager
Categories 1, 6, 8, 12, 13, 15, 17, 18, 19, 21,
22, 23 and 28
Engineering Manager
Categories 2, 4, 6, 9, 13, 15, 16, 17, 20, 21,
28 and 30
Operations Superintendent
Categories 2, 3, 4, 5, 6, 9, 10, 11, 13, 14, 16,
20, 24, 28 and 30
Note: It has been determined that the position 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.
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