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superseded.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:
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• 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).
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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
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• 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
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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).
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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
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