HomeMy WebLinkAbout2017-04-26 - Resolution No. FA-17-02 RESOLUTION NO. FA-17-02
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
FINANCING AUTHORITY
ADOPTING A CONFLICT OF INTEREST CODE
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 Financing Authority has not previously
adopted a Conflict of Interest Code; 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 Financing Authority as follows:
Section 1. The terms of Title 2, California Code of Regulations, Section 18730
(Attachment A) 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 members and employees are designated and
disclosure categories are set forth, constitute the Conflict of Interest Code
of the Yorba Linda Water District Financing Authority.
Section 2. The Filing Officer is hereby authorized to forward a copy of this Resolution
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. FA-17-02 Adopting a Conflict of Interest Code
PASSED AND ADOPTED this 2511 day of April 2017, by the following called vote:
AYES: Directors Hall, Hawkins, Jones, Miller and Nedernood
NOES: None
ABSTAIN: None
ABSENT: None
J. Wayne Miller, Ph.D., President
YLWD Financing Authority
ATTEST:
Annie Alexander, Board Secretary
YLWD Financing Authority
Reviewed as to form by General Counsel:
Andrew B. Gagen,,O�-_sq.
Kidman Law LLP
Resolution No. FA-17-02 Adopting a Conflict of Interest Code 2
ATTACHMENT A
CONFLICT OF INTEREST CODE FOR THE
YORBA LINDA WATER DISTRICT
FINANCING AUTHORITY
The Political Reform Act, Government Code Sections 81000, et seq., requires state and
local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair
Political Practices Commission has adopted a regulation (2 Cal. Code of Regs. Section
18730) which contains the terms of a standard Conflict of Interest Code, which may be
incorporated by reference in an agency's code. After public notice and hearing it may be
amended by the Fair Political Practices Commission to conform to amendments in the
Political Reform Act. Therefore, the terms of 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. This regulation and the attached Appendix
designating officials and employees and establishing disclosure categories, shall
constitute the Conflict of Interest Code of the Yorba Linda Water District Financing
Authority.
Designated employees shall file statements of economic interests with the Yorba Linda
Water District Financing Authority Political Reform Act Filing Officer, Board Secretary,
who will make the statements available for public inspection and reproduction
(Government Code Section 82008).
Upon receipt of the statements of Members of the Board of Directors, General Manager
(Executive Director), Finance Manager (Treasurer), and General Counsel, the Yorba
Linda Water District Financing Authority's Filing Officer shall make and retain a copy and
forward the original of these statements to the Clerk of the Orange County Board of
Supervisors as the Filing Officer for this designated position.
Statements for all other designated employees will be retained by the Yorba Linda Water
District Financing Authority's Filing Officer.
Resolution No. FA-17-02 Adopting a Conflict of Interest Code 3
CONFLICT OF INTEREST CODE
EXHIBIT A
Agency: Yorba Linda Water District Financing Authority
Position Disclosure Files With
Category
Consultant OC-30 Agency
General Counsel OC-01 j COB
OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
Officials who manage public investments, as defined by 2 Cal. Code of Regs. § 18701
(b), are NOT subject to the Agency's code, but are subject to the disclosure requirement
of the Act. (Government Code Section 87200 et seq.). [Regs. § 18730(b)(3)] These
positions are listed here for informational purposes only.
It has been determined that the positions listed below are officials who manage public
investments:
Finance Manager (Treasurer) Files with COB
General Manager (Executive Director) Files with COB
Member of the Board of Directors Files with COB
Resolution No. FA-17-02 Adopting a Conflict of Interest Code 4
Disclosure Descriptions
EXHIBIT B
Agency: Yorba Linda Water District Financing Authority
Disclosure Category Disclosure Description
Form 87200 filers shall complete all schedules for Form 700 and
87200 Filer disclose all reportable sources of income, interests in real property,
investments and business 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
OC-01 District as applicable, as well as investments, business positions
and sources of income (including gifts, loans and travel payments).
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
OC-30 to perform a range of duties that is limited in scope and thus is not
required to fully comply with the disclosure requirements of 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.
Resolution No. FA-17-02 Adopting a Conflict of Interest Code 5