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Home My WebLink About2018-10-09 - Resolution No. 18-31 RESOLUTION NO. 18-31 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 (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 Resolution No. 18-31 Adopting a Conflict of Interest Code 1 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all Conflict of Interest Codes and Amendments thereto previously adopted by the Yorba Linda Water District are hereby superseded.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 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. PASSED AND ADOPTED this 9t" day of October 2018 by the following called vote: AYES: Directors Hall, Jones, Miller and Nederhood NOES: None ABSTAIN: None ABSENT: Director Hawkins Al oo ident Yorba Linda Water District ATTEST: Annie Alexander, Board Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Andrew B. Gagsq. Kidman Gagen Law LLP Resolution No. 18-31 Adopting a Conflict of Interest Code 2 ATTACHMENT A CONFLICT OF INTEREST CODE FOR THE YORBA LINDA WATER DISTRICT 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. Designated employees shall file statements of economic interests with the Yorba Linda Water District's 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, Assistant General Manager, Finance Manager, General Counsel, Labor Counsel, Construction Project Supervisor, Customer Service Billing Administrator, Engineering Manager, Human Resources/Risk and Safety Manager, Information Systems Administrator, Information Technology Manager, Maintenance Superintendent, Management Analyst, Operations Assistant, Operations Manager, Operations Superintendent, Principal Engineer, Production Superintendent, Senior Accountant, Senior Engineer, Senior Fleet Mechanic, and Senior Project Manager, the Yorba Linda Water District'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 these designated positions. Statements for all other designated positions will be retained by the Yorba Linda Water District's Filing Officer. Resolution No. 18-31 Adopting a Conflict of Interest Code 3 Conflict of Interest Code EXHIBIT A (Working Draft) Entity:Water Districts Yorba Linda Water DistrictAgency: StatusFiles WithDisclosure CategoryPosition Reason: This position has been eliminated. DeletedCOBOC-41Communications Manager UnchangedCOBOC-05Construction Project Supervisor UnchangedAgencyOC-30Consultant Reason: Position of Customer Service Supervisor was renamed to Customer Service Billing Administrator. RenamedCOBOC-05Customer Service Billing Administrator UnchangedCOBOC-41Engineering Manager UnchangedCOBOC-01General Counsel UnchangedCOBOC-41Human Resources/Risk and Safety Manager UnchangedCOBOC-05Information Systems Administrator UnchangedCOBOC-41Information Technology Manager UnchangedCOBOC-01Labor Counsel Reason: Position of Water Maintenance Superintendent was renamed to Maintenance Superintendent. RenamedCOBOC-05Maintenance Superintendent UnchangedCOBOC-05Management Analyst Reason: Position of Operations/Warehouse Assistant was renamed to Operations Assistant. RenamedCOBOC-05Operations Assistant UnchangedCOBOC-41Operations Manager Reason: Position of Chief Water System Operator was renamed to Operations Superintendent. RenamedCOBOC-05Operations Superintendent Reason: Position of Water Quality Engineer was renamed to Principal Engineer. RenamedCOBOC-05Principal Engineer Reason: Position of Water Production Superintendent was renamed to Production Superintendent. RenamedCOBOC-05Production Superintendent UnchangedCOBOC-05Senior Accountant Reason: Position of Associate Engineer was renamed to Senior Engineer. RenamedCOBOC-05Senior Engineer UnchangedCOBOC-05Senior Fleet Mechanic UnchangedCOBOC-05Senior Project Manager Total: 21 Run date/time: Tuesday, October 02 2018 02:18:45 PM Page 1 of 2 Conflict of Interest Code EXHIBIT A (Working Draft) Entity:Water Districts Yorba Linda Water DistrictAgency: 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. § 18700.3 (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: UnchangedCOBFiles with Reason: Office of Treasurer is appointed by the Board of Directors and is not part of the position's title. RenamedCOBFiles with Assistant General Manager Finance Manager RenamedGeneral Manager Files with COB Reason: Office of Secretary is appointed by the Board of Directors and is not part of the position's title. 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: Tuesday, October 02 2018 02:18:45 PM Page 2 of 2 Disclosure Descriptions EXHIBIT B (Working Draft) StatusDisclosure DescriptionDisclosure Category Water Districts Yorba Linda Water District Entity: Agency: Unchanged Form 87200 filers shall complete all schedules for Form 700 and 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.. 87200 Filer Unchanged All interests in real property in Orange County, the authority or the District as applicable, as well as investments, business positions and sources of income (including gifts, loans and travel payments).OC-01 Unchanged All investments in, business positions with and income (including gifts, loans and 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. OC-05 Unchanged 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 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. OC-30 Unchanged 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, machinery, vehicles, or equipment (including training and consulting services) used by the County Department, Authority or District, as applicable. OC-41 Grand Total: 5 Run date/time: Tuesday, October 02 2018 02:18:45 PM Page 1 of 1 Conflict of Interest Code EXHIBIT A (Working Draft) Entity:Water Districts Yorba Linda Water DistrictAgency: Files WithDisclosure CategoryPosition COBOC-05Construction Project Supervisor AgencyOC-30Consultant COBOC-05Customer Service Billing Administrator COBOC-41Engineering Manager COBOC-01General Counsel COBOC-41Human Resources/Risk and Safety Manager COBOC-05Information Systems Administrator COBOC-41Information Technology Manager COBOC-01Labor Counsel COBOC-05Maintenance Superintendent COBOC-05Management Analyst COBOC-05Operations Assistant COBOC-41Operations Manager COBOC-05Operations Superintendent COBOC-05Principal Engineer COBOC-05Production Superintendent COBOC-05Senior Accountant COBOC-05Senior Engineer COBOC-05Senior Fleet Mechanic COBOC-05Senior Project Manager 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. § 18700.3 (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: COBFiles withAssistant General Manager COBFiles withFinance Manager COBFiles withGeneral Manager Run date/time: Tuesday, October 02 2018 02:18:46 PM Page 1 of 2 Conflict of Interest Code EXHIBIT A (Working Draft) Entity:Water Districts Yorba Linda Water DistrictAgency: COBFiles withMember of the Board of Directors 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: Tuesday, October 02 2018 02:18:46 PM Page 2 of 2 Disclosure Descriptions EXHIBIT B (Working Draft) Disclosure DescriptionDisclosure Category Water Districts Yorba Linda Water District Entity: Agency: Form 87200 filers shall complete all schedules for Form 700 and 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.. 87200 Filer All interests in real property in Orange County, the authority or the District as applicable, as well as investments, business positions and sources of income (including gifts, loans and travel payments).OC-01 All investments in, business positions with and income (including gifts, loans and 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. OC-05 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 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. OC-30 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, machinery, vehicles, or equipment (including training and consulting services) used by the County Department, Authority or District, as applicable. OC-41 Grand Total: 5 Run date/time: Tuesday, October 02 2018 02:18:46 PM Page 1 of 1