HomeMy WebLinkAbout2016-12-08 - Resolution No. 16-22 RESOLUTION NO. 16-22
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superseded.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. 16-22 Adopting a Conflict of Interest Code 1
PASSED AND ADOPTED this 8t" day of December 2016, by the following called vote:
AYES: Directors Hall, Hawkins, Jones, Miller and Nederhood
NOES: None
ABSTAIN: None
ABSENT: None
J. Wayne i er, Ph.D., President
Yorba Linda Water District
ATTEST:
Marc Marca`ntonio, Board Secretary
Yorba Linda Water District 11 1
Reviewed as to form by General Counsel:
An rew Gagen, E .
Kidman Law LLP
Resolution No. 16-22 Adopting a Conflict of Interest Code 2
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Conflict of Interest Code
EXHIBIT A (Final Draft)
Entity: Water Districts
Agency: Yorba Linda Water District
Position Disclosure Files With Status I
Category
Associate Engineer OC-05 COB Unchanged
(Chief Water System Operator OC-05 COB Renamed
Reason: The position of SCADA Administrator was reclassified to Chief Water System Operator.
Communications Manager I OC-41 I COB I Renamed
Reason: The position of Public Information Manager was reclassified to Communications Manager.
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
General Counsel OC-01 COB Renamed
Reason: Specifically identifies attorney type rather than using generic title of"attorney".
(Human Resources/Risk and Safety Manager I OC-41 I COB I Renamed
Reason: The position of Human Resources and Risk Manager was reclassified to Human Resources/Risk and Safety
Manager.
Information Systems Administrator OC-05 COB Unchanged
Information Technology Manager OC-41 COB Unchanged
(Labor Counsel OC-01 COB Added
Reason: Specifically identifies attorney type rather than using generic title of"attorney".
Management Analyst OC-05 COB Unchanged
Operations Manager OC-41 COB Unchanged
Operations/Warehouse Assistant OC-05 COB Unchanged
Senior Accountant OC-05 COB Unchanged
Senior Fleet Mechanic OC-05 COB Unchanged
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
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Conflict of Interest Code
' EXHIBIT A (Final Draft)
Entity: Water Districts
Agency: Yorba Linda Water District
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 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
Form 87200 filers shall complete all schedules for Form 700 and disclose all
reportable sources of income, interests in real property, investments and business
87200 Filer positions in business entities, if applicable, pursuant to Government Code Section Unchanged
87200 et seq..
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 Unchanged
(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, materials, machinery,
OC-05 equipment (including training and consulting services) used by the County Unchanged
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 is limited in scope and thus is not required to fully
OC-30 comply with the disclosure requirements in this section. Such written determination Unchanged
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 services, supplies, materials,
OC-41 machinery, vehicles, or equipment (including training and consulting services) used Unchanged
by the County Department, Authority or District, as applicable.
Grand Total: 5
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Conflict of Interest Code
' EXHIBIT A (Final Draft)
Entity: Water Districts
Agency: Yorba Linda Water District
Position Disclosure Files With
It Category
Associate Engineer OC-05 COB
(Chief Water System Operator OC-05 COB
Communications Manager OC-41 COB
(Construction Project Supervisor OC-05 COB
Consultant OC-30 Agency
(Customer Service Supervisor OC-05 COB
(Engineering Manager OC-41 COB
General Counsel OC-01 COB
(Human Resources/Risk and Safety Manager OC-41 COB
Information Systems Administrator OC-05 COB
Information Technology Manager OC-41 COB
(Labor Counsel OC-01 COB
(Management Analyst OC-05 COB
Operations Manager OC-41 COB
Operations/Warehouse Assistant 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: 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:
Finance Manager(Treasurer) Files with COB
General Manager(Secretary) Files with COB
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t
Conflict of Interest Code
' EXHIBIT A (Final Draft)
Entity: Water Districts
Agency: Yorba Linda Water District
Member of the Board of Directors Files with COB
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
Form 87200 filers shall complete all schedules for Form 700 and disclose all
reportable sources of income, interests in real property, investments and business
87200 Filer positions in business entities, if applicable, pursuant to Government Code Section
87200 et seq..
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
travel payments) from sources that provide services, supplies, materials, machinery,
OC-05 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
perform a range of duties that is limited in scope and thus is not required to fully
OC-30 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 gifts, loans
and travel payments) from sources that provide services, supplies, materials,
OC-41 machinery, vehicles, or equipment (including training and consulting services) used
by the County Department, Authority or District, as applicable.
Grand Total: 5
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