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HomeMy WebLinkAboutOCSD 13-06 (SUPERSEDED)RESOLUTION NO. OCSD 13-06 A RESOLUTION OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION 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 Orange County Sanitation District ("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, 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. 913801.1 NOW THEREFORE, BE IT RESOLVED: Section 1. The terms of 2 California Code of Regulations, Section 18730, any amendments to it duly adopted by the Fair Political Practices Commission, and all additional guidance by the Fair Political Practices Commission, are hereby incorporated by reference and, together with the 2013 Conflict of Interest Code for the Orange County Sanitation District, including Exhibits A and B in which Page 1 of2 Superseded by OCSD 14-03 913801.1 members and employees are designated and disclosure categories are set forth , constitute the Conflict of Interest Code of the Orange County Sanitation District. Section 2 . The provisions of all Conflict of Interest Codes and Amendments thereto previously adopted by the Orange County Sanitation District are hereby superseded .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 rev iew and approval by the Orange County Board of Supervisors as required by California Government Code Section 87303 . PASSED AND ADOPTED at a regular meeting held March 27 , 2013 . ounty Sanitation District ATTEST: Page 2 of2 Page 1 of 6 913806.1 2013 CONFLICT OF INTEREST CODE FOR THE ORANGE COUNTY SANITATION 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, any amendments to it duly adopted by the Fair Political Practices Commission, and all additional guidance 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 Orange County Sanitation District. Designated employees shall file statements of economic interests with the District’s Clerk of the Board who will make the statements available for public inspection and reproduction (Government Code Section 87500). Upon receipt of the statements of the Orange County Sanitation District Board of Directors, Orange County Sanitation District Financing Corporation, General Manager, General Counsel, Assistant General Manager, Director of Engineering, Director of Finance & Administrative Services, Director of Operations and Maintenance, Director of Facility Support Services, Director of Human Resources, and the Clerk of the Board, the Filing Officer shall make and retain a copy and forward Page 2 of 6 913806.1 the original of these statements to the Clerk of the Orange County Board of Supervisors. Statements for all other designated employees will be retained by the Filing Officer. Page 3 of 6 913806.1 EXHIBIT A ORANGE COUNTY SANITATION DISTRICT LIST OF DESIGNATED POSITIONS CONFLICT OF INTEREST CODE Designated Positions Disclosure Categories General Manager OC-01 Orange County Sanitation District Financing Corporation Board of Directors OC-01 General Counsel OC-01 Assistant General Manager OC-01 Director of Engineering OC-41 Director of Facility Support Services OC-41 Director of Finance & Administrative Services OC-41 Director of Human Resources (new) OC-41 Director of Operations and Maintenance OC-41 Principal Accountant OC-41 Capital Improvement Program Project Management Supervisor OC-41 Capital Improvement Program Project Manager OC-41 Treasurer of the Orange County Financing Corporation OC-41 Secretary of the Orange County Financing Corporation OC-05 Clerk of the Board OC-05 Controller OC-05 Engineering Manager OC-05 Environmental Compliance & Regulatory Affairs Manager OC-05 Facilities Manager OC-05 Public Affairs Manager OC-05 Environmental Laboratory & Ocean Monitoring Manager OC-05 Maintenance Manager OC-05 Operations Manager OC-05 Accounting Supervisor OC-05 Chief Plant Operator OC-05 Construction Inspection Supervisor OC-05 Senior Construction Inspection Supervisor OC-05 Engineering Supervisor OC-05 Maintenance Supervisor OC-05 Materials Control Supervisor OC-05 Operations Supervisor OC-05 Purchasing Supervisor OC-05 Contracts Supervisor OC-05 Safety & Health Supervisor OC-05 Buyer OC-05 Page 4 of 6 913806.1 Senior Buyer OC-05 Contracts Administrator OC-05 Senior Contracts Administrator OC-05 Principal Contracts Administrator OC-05 Senior Engineer OC-05 Contracts and Purchasing Manager OC-05 Information Technology Manager OC-08 Information Technology Systems & Operations Manager OC-08 Information Technology Supervisor (new) OC-08 Construction Inspector OC-10 Senior Construction Inspector OC-10 Human Resources Supervisor OC-11 Risk Manager OC-12 Principal Financial Analyst OC-12 Laboratory Supervisor OC-21 Senior Scientist OC-21 Environmental Supervisor OC-29 Consultant OC-30 Page 5 of 6 913806.1 EXHIBIT B ORANGE COUNTY SANITATION DISTRICT DISCLOSURE CATEGORIES CONFLICT OF INTEREST CODE Disclosure Category Disclosure Description OC-01 All interests in real property in Orange County or the District, as well as investments, business positions and sources of income (including gifts, loans and travel payments). OC-05 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 department or District, as applicable. OC-08 All investments in, business positions with and income (including gifts, loans and travel payments) from sources that develop or provide computer hardware/software, voice data communications, or data processing goods, supplies, equipment, or services (including training and consulting services) used by the department or District, as applicable. OC-10 All investments in, business positions with and income (including gifts, loans and travel payments) from sources that are engaged in any real estate activity including, but not limited to real estate appraisal, development, construction, planning/architectural design, engineering, sales, brokerage, leasing, lending, insurance, rights of way, and/or studies; and/or property or facilities management/maintenance/custodial and utility services as used by the department or provides capital for the purchase of property used or sold by Orange County or the District. OC-11 All interests in real property in Orange County or located entirely or partly within District boundaries, as well as investments in, business positions with and income (including gifts, loans and travel payments) from sources that are engaged in the supply of equipment related to (i) recruitment, employment search & marketing, classification, training, or negotiation with personnel; (ii) employee benefits; and (iii) health and welfare benefits. OC-12 All interests in real property in Orange County, as well as investments in, business positions with and income (including gifts, loans and travel payments) from sources that invest funds or engage in the business of insurance including, but not limited to insurance companies, carriers, holding companies, underwriters, brokers, solicitors, agents, adjusters, claims mangers and actuaries; from financial institutions including but not limited to, banks, savings & loan associations and credit unions or sources that have filed a claim, or have a claim pending, against Orange County. Page 6 of 6 913806.1 EXHIBIT B ORANGE COUNTY SANITATION DISTRICT DISCLOSURE CATEGORIES CONFLICT OF INTEREST CODE Disclosure Category Disclosure Description OC-21 All investments in, business positions with and income (including gifts, loans and travel payments) from sources that provide laboratory or chemical – related goods, supplies, equipment, or services (including training and consulting services) . OC-29 All investments in, business positions with and income (including gifts, loans and travel payments) from sources that are subject to inspection or regulation by the department. OC-30 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 Department Head/Director/General Manager/Superintendant/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-41 All interests in real property in Orange County or the District, 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 department or District, as applicable.