HomeMy WebLinkAbout2019-04-09 - Resolution No. 2019-13 RESOLUTION NO. 2019-13
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
ollows: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. 2019-13 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superseded.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 9th day of April 2019 by the following called vote:
AYES: Directors Hall, Jones, Miller, and Nederhood
NOES: None
ABSTAIN: None
ABSENT: Director Hawkins
Brooke Jones,,;'President
Yorba Linda Water District
ATTEST:
Annie Alexander, Board Secretary
Yorba Linda Water District
Reviewed as to form by General Counsel:
Andrew B. Gag, , Esq.
Kidman GagefS Law LLP
Resolution No.2019-13 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 Manager, Customer Service Billing Administrator, Director of Public
Affairs, Engineering Manager, Human Resources/Risk and Safety Manager, Information
Systems Administrator, Information Technology Manager, Maintenance Superintendent,
Operations Assistant, Operations Manager, Operations Superintendent, Principal
Engineer, Production Superintendent, Senior Accountant, Senior Engineer, Senior
Mechanic, Senior Project Manager, and Senior Management Analyst, 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.2019-13 Adopting a Conflict of Interest Code 3
. - Conflict of Interest Code
EXHIBIT A (Final Draft)
Entity: Water Districts
Agency: Yorba Linda Water District
Disclosure
Position Category Files With
Construction Project Manager OC-05 COB
Consultant OC-30 Agency
Customer Service Billing Administrator OC-05 COB
Director of Public Affairs OC-41 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
(Maintenance Superintendent OC-05 COB
Operations Assistant OC-05 COB
Operations Manager OC-41 COB
(Operations Superintendent OC-05 COB
(Principal Engineer OC-05 I COB
(Production Superintendent OC-05 COB
Senior Accountant OC-05 COB
Senior Engineer OC-05 COB
Senior Management Analyst OC-05 COB
Senior Mechanic OC-05 COB
(Senior Project Manager 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. § 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:
Assistant General Manager Files with COB
Finance Manager Files with COB
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•
Conflict of Interest Code
.� EXHIBIT A (Final Draft)
Entity: Water Districts
Agency: Yorba Linda Water District
General Manager Files with COB
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).
April 012019 10:48:41 AM Page 2 of 2
Disclosure Descriptions
EXHIBIT B (Final Draft)
Entity: Water Districts
Agency: Yorba Linda Water District
Disclosure Category i 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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