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HomeMy WebLinkAbout2003-12-23 - Resolution No. PFC-03-04RESOLUTION NO. PFC-03-04 RESOLUTION OF THE 130ARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT PUBLIC FINANCING CORPORATION ADOPTING A CONFLICT OF INTEREST CODE 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 pursuant to the provisions of Article 3 of the Political Reform Act; and. WHEREAS, the Yorba Linda Water District Public Financing Corporation ("Corporation") was formed on August 7, 2003, by the Yorba Linda Water District for the purpose of assisting the Yorba Linda Water District to finance certain capital improvements, and as such is an agency of the Yorba Linda Water District subject to the requirements of the Political Reform Act (Government Code § 82041); and, WHEREAS, Section 18730 (a) of the Regulations promulgated by the Fair Political Practices Commission provides a model Conflict of Interest Code, which may be adopted by reference along with a designation of employees and listing of disclosure categories, and will constitute the adoption by the agency of a Conflict of Interest Code in compliance with Government Code § 87300; NOW THEREFORE, BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District Public Financing Corporation as follows: Section 1. The terms of Title 2 California Code of Regulations Section 18730 as adopted by the California Fair Political Practices Commission and any amendments thereto, are hereby adopted, which, along with Appendix "A" attached hereto setting forth the designated employees and disclosure categories shall constitute the Conflict of Interest Code of the Yorba Linda Water District Public Financing Corporation. Section 2. Persons holding designated positions shall file statements of economic interests pursuant to the adopted Conflict of Interest Code. Section 3. The Board of Directors hereby finds and determines 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 ofpublic funds and that such persons are also within the scope of Government Code §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 (commencing with §87200 of the Government Code), and shall not be a designated position under the Corporation's Conflict of Interest Code. Section 4. The Corporation Secretary shall forward a copy of this Resolution, together with Appendix "A" and any other documentation required for the review of this Conflict of Interest Code to the Orange County Board of Supervisors for review and approval as required by Government Code §87306.5. PASSED AND ADOPTED this 23`d day of December 2003, by the following roll call vote: AYES: Armstrong, Beverage, Korn, Mills, Summerfield NOES: None ABSENT: None ABSTAIN: None ) William R. Mills, Pres' ent ATTEST: Michael A. Payne, Secr Aar YORBA LINDA WATER DISTRICT PUBLIC FINANCING CORPORATION CONFLICT OF INTEREST CODE APPENDIX "A" (To Resolution No. PFC-03-04) Designated Positions and Disclosure Categories Designated Positions: Tvnes of Business Entities, Investments, Sources of Income or Real Pronerty Interests Required to be Disclosed: Auditor 1. Banks, Savings & Loans and other Bond Counsel financial institutions Attorney 2. Consulting Services: Legal, accounting, Consultant[ auditing, investing, underwriting and appraisal. 3. Insurance. 4. Printing and reproduction. 5. Real Property. 6. Title Companies. The "designated position" of "Consultant" shall include only those consultants who participate in the making of governmental decisions 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 consultants duties does not require broad disclosure. In that case the General Manger shall make a written determination for such consultant, which includes a description of the consultant's duties arid, 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. NOTE: It has been determined that the following, positions arc responsible for mama.gim, public investments and will file a statement of economic interests pursuant to Government Code § 87200, rather than pursuant to this Conflict of Interest Code: a. Director b. General Manager c. Officers designated by the General Mana-er to mana-e investment of funds of the Corporation.