HomeMy WebLinkAbout2004-09-23 - Resolution No. 04-05RESOLUTION NO. 04-05
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
ADOPTING A CONFLICT OF INTEREST CODE
AND RESCINDING RESOLUTION NO. 98-13
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, in 1996 by Resolution No. 96-13,
in 1998 by Resolution No. 98-13, and the Board of Directors determined that an additional
amendment was necessary to address consultants; and
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 position of "consultant" was added to the Conflict of Interest Code - Exhibit "A" in
Resolution No. 98-13 and is hereby incorporated into this Resolution as a designated position
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.
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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.
Section 6. That Resolution No. 98-13 and all conflicting minute orders are hereby rescinded
immediately following adoption of this Resolution.
PASSED AND ADOPTED this 23rd day of September 2004, by the following called vote:
Ayes:
Noes:
Absent:
ATTEST:
Secretary, Michael A. Payne
Yorba Linda Water District
~ .
President, William R. N1~ills, J .
Yorba Linda Water District
CONFLICT OF INTEREST CODE
YORBA LINDA WATER DISTRICT
APPENDIX A
To Resolution No. 04-05
Designated Positions and Disclosure Categories
Public Officials, Consultants
and Designated Positions
Category of types of Business Entity,
Investment, Sources of Income or
Real Property Disclosable
Candidates for Director
Assistant General Manager
Auditor
Attorney
Assistant Administrator II
Consultant "I
(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. 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. 04-05
Designated Positions and Disclosure Categories
Public Officials, Consultants
and Designated Positions
Category of types of Business Entity,
Investment, Sources of Income or
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
Business Manager
Engineering Manager
Operations Manager
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
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.
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