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HomeMy WebLinkAbout2014-10-21 - Resolution No. 14-16RESOLUTION NO. 14 -16 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, Government Code Section 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, 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 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 Title 2, 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 Exhibits A and B in which positions 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all Conflict of Interest Codes and Amendments thereto previously adopted by the Yorba Linda Water District are hereby superseded. Section 3. The Filing Officer is hereby authorized to submit the updated Conflict of Interest Code 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. Resolution No. 14 -16 Adopting a Conflict of Interest Code PASSED AND ADOPTED this 21St day of October 2014, by the following called vote: AYES: Directors Beverage, Collett, Hawkins, Kiley and Melton NOES: None ABSTAIN: None ABSENT: None ATTEST: Marc Marca tonio, Board Secretary Yorba Linda Water District Arthur G. Kidman, Esq. Kidman Law LLP Robert R. Kiley, President Yorba Linda Water District Resolution No. 14 -16 Adopting a Conflict of Interest Code 2 a • Conflict of Interest Code X. EXHIBIT A (Final Draft) Entity: Water Districts Agency: Yorba Linda Water District Position Disclosure Files With Status Category Associate Engineer OC-05 COB Unchanged Attorney OC-01 COB Unchanged Construction Project Supervisor OC-05 COB Unchanged Consultant OC-30 Agency Unchanged Customer Service Supervisor OC-05 COB Unchanged Engineering Manager OC-41 COB Unchanged Human Resources and Risk Manager OC-41 COB Unchanged Information Systems Administrator OC-05 COB Unchanged Information Technology Manager OC-41 COB Unchanged Management Analyst OC-05 COB Unchanged Operations Manager OC-41 COB Unchanged Operations/Warehouse Assistant OC-05 COB Unchanged Public Information Manager OC-41 COB Added Reason: The position of Public Information Officer was reclassified as Public Information Manager. Public Information Officer OC-05 COB Deleted Reason: The position of Public Information Officer was reclassified as Public Information Manager. SCADA Administrator OC-05 COB Unchanged Senior Accountant OC-05 COB Unchanged Senior Fleet Mechanic OC-05 COB Added Reason: The duties assigned to this position have been determined to include making and/or participating in the making of governmental decisions. Senior Project Manager OC-05 COB Unchanged Water Maintenance Superintendent OC-05 COB Unchanged Water Production Superintendent OC-05 COB Unchanged Water Quality Engineer OC-05 COB Unchanged Total: 21 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. § 18701 (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: Run date/time: Monday,September 29 2014 11:40:06 AM Page 1 of 2 a • Conflict of Interest Code EXHIBIT A (Final Draft) Entity: Water Districts Agency: Yorba Linda Water District Finance Manager(Treasurer) Files with COB Unchanged General Manager(Secretary) Files with COB Unchanged Member of the Board of Directors Files with COB Unchanged 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). Run date/time: Monday,September 29 2014 11:40:06 AM Page 2 of 2 Disclosure Descriptions EXHIBIT B (Final Draft) Entity: Water Districts Agency: Yorba Linda Water District Disclosure Category Disclosure Description Status All interests in real property in Orange County, the authority or the District OC-01 as applicable, as well as investments, business positions and sources of Unchanged income (including gifts,loans and travel payments). All investments in, business positions with and income(including gifts, loans and travel payments)from sources that provide services, supplies, OC-05 materials, machinery, equipment(including training and consulting Unchanged services)used by the County Department, Authority or District, as applicable. 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 OC-30 is limited in scope and thus is not required to fully comply with the Unchanged 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. 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 OC-41 Unchanged services, supplies, materials, machinery, vehicles, or equipment(including training and consulting services) used by the County Department, Authority or District, as applicable. Total: 4 Run date/time: Monday,September 29 2014 11:40:06 AM Page 1 of 1 a • Conflict of Interest Code X. EXHIBIT A Entity: Water Districts Agency: Yorba Linda Water District Position Disclosure Files With Category Associate Engineer OC-05 COB Attorney OC-01 COB Construction Project Supervisor OC-05 COB Consultant OC-30 Agency Customer Service Supervisor OC-05 COB Engineering Manager OC-41 COB Human Resources and Risk Manager OC-41 COB Information Systems Administrator OC-05 COB Information Technology Manager OC-41 COB Management Analyst OC-05 COB Operations Manager OC-41 COB Operations/Warehouse Assistant OC-05 COB Public Information Manager OC-41 COB SCADA Administrator OC-05 COB Senior Accountant OC-05 COB Senior Fleet Mechanic OC-05 COB Senior Project Manager OC-05 COB Water Maintenance Superintendent OC-05 COB Water Production Superintendent OC-05 COB Water Quality Engineer OC-05 COB Total: 20 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. § 18701 (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: Finance Manager(Treasurer) Files with COB General Manager(Secretary) Files with COB Member of the Board of Directors Files with COB Run date/time: Wednesday,December 10 2014 05:47:49 PM Page 1 of 2 a • Conflict of Interest Code EXHIBIT A Entity: Water Districts Agency: Yorba Linda Water District 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). Run date/time: Wednesday,December 10 2014 05:47:49 PM Page 2 of 2 Disclosure Descriptions EXHIBIT B Entity: Water Districts Agency: Yorba Linda Water District Disclosure Category Disclosure Description All interests in real property in Orange County, the authority or the District as OC-01 applicable, as well as investments, business positions and sources of income (including gifts, loans and travel payments). All investments in, business positions with and income(including gifts, loans and OC-05 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. 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 OC-30 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. 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 OC-41 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. Total: 4 Run date/time: Wednesday,December 10 2014 05:47:49 PM Page 1 of 1