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Home My WebLink AboutOCSD 18-04 (REPEALED) REPEALED BY OCSD 19-18 RESOLUTION NO. OCSD 18-04 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, and WHEREAS, the reorganization of the District workforce resulted in the reclassification of a position; and WHEREAS, the District's existing Conflict of Interest Code must be amended in order to reflect the current positions of those designated employees that are required to file statements of economic interests. OCSD 18-04-1 1303343.1 NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District, DOES HEREBY RESOLVE, DETERMINE AND ORDER.- 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 2018 Conflict of Interest Code for the Orange County Sanitation District, including 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 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of Interest Codes and Amendments thereto previously adopted by the Orange County Sanitation District are hereby superseded.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 review and approval by the Orange County Board of Supervisors as required by California Government Code Section 87303. PASSED AND ADOPTED at a regular meeting of the Board of Directors held April 25, 2018. V!�-3 — 7 - - I — Gregory C. Sebourn, PLS Board Chairman ATTES : Kel y o jeJ4MC Cler o th rd OCSD 18-04-2 1303343.1 STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) I, Kelly A. Lore, Clerk of the Board of Directors of the Orange County Sanitation District, do hereby certify that the foregoing Resolution No. OCSD 18-04 was passed and adopted at a regular meeting of said Board on the 25th day of April 2018, by the following vote, to wit: AYES: Barnes; Bernstein; Collacott; Deaton; Ferryman; B. Jones (Alternate); S. Jones, Kim; Kusumoto (Alternate); Nagel; Krippner (Alternate); Parker; Reinhart (Alternate); Sebourn; Shaw; Shawver; F. Smith; T. Smith; Steel; Wagner; Wanke; and Yarc NOES: None ABSTENTIONS: None ABSENT: Peotter; Peterson and Tinajero IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Orange County Sanitation District this 25th day of April 2018. 4elly A. re, MMC Cler o t e Board of Directors Or nge ounty Sanitation District OCSD 18-04-3 1303343.1 2018 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. The following designated employees shall file statements of economic interests electronically with the Clerk of the Orange County Board of Supervisors: Orange County Sanitation District Board of Directors, Orange County Sanitation District Financing Corporation, General Manager, General Counsel, Assistant General Manager, Director of Finance and Administrative Services, Director of Engineering, Director of Finance & Administrative Services, Director of Operations & Maintenance, Director of Environmental Services, Director of Human Resources, and the Clerk of the Board. The District's Filing Officer (Clerk of the Orange County Sanitation District Board of Directors) will thereafter verify the completion of the filing statements. If the District's Filing Officer receives any 1228173.1 OCSD 18-04-4 statements of economic interests by other means, the 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. Statements for all other designated employees will be retained by the District's Filing Officer. 1228173.1 OCSD 18-04-5 EXHIBIT A ORANGE COUNTY SANITATION DISTRICT LIST OF DESIGNATED POSITIONS CONFLICT OF INTEREST CODE Disclosure Designated Positions Categories Accounting Supervisor OC-05 Assistant General Manager OC-01 Buyer OC-05 Capital Improvement Program Project Manager OC-41 Chief Plant Operator OC-05 Clerk of the Board OC-05 Construction Inspection Supervisor OC-05 Construction Inspector OC-10 Consultant OC-30 Contracts & Purchasing Manager OC-05 Contracts Administrator OC-05 Contracts Supervisor OC-05 Controller OC-05 Deputy Clerk of the Board OC-05 Director of Engineering OC-41 Director of Environmental Services OC-41 Director of Finance & Administrative Services OC-41 Director of Human Resources OC-41 Director of Operations & Maintenance OC-41 Engineer OC-29, OC-41 Engineering Manager OC-05 Engineering Supervisor OC-05 Environmental Laboratory & Ocean Monitoring Manager OC-05 Environmental Supervisor OC-29 Facilities Manager OC-05 General Counsel OC-01 General Manager OC-01 Human Resources & Risk Manager OC-11 Human Resources Supervisor OC-11 Information Technology Manager OC-08 Information Technology Supervisor OC-08 Information Technology Systems & Operations Manager OC-08 Laboratory Supervisor OC-21 Maintenance Manager OC-05 Maintenance Superintendent OC-05 1228173.1 OCSD 18-04-6 Maintenance Supervisor OC-05 Materials Control Supervisor OC-05 Operations Manager OC-05 Operations Supervisor OC-05 Orange County Sanitation District Financing Corporation Board OC-01 of Directors Principal Accountant OC-41 Principal Contracts Administrator OC-05 *Principal Financial Analyst (deletion)(reclassified as OC-12 Principal Staff Analyst) Principal Human Resources Analyst OC-11 *Principal Staff Analyst addition OC-05; OC-12 Public Affairs Supervisor OC-05 Purchasing Supervisor OC-05 Safety & Health Supervisor OC-05 Secretary of the Orange County Financing Corporation OC-05 Senior Buyer OC-05 Senior Construction Inspection Supervisor OC-05 Senior Construction Inspector OC-10 Senior Contracts Administrator OC-05 Senior Engineer OC-05 Senior Scientist OC-21 Source Control Supervisor OC-29 Treasurer of the Orange County Financing Corporation OC-41 *The following amendments are made: Principal Staff Analyst (OC-05; OC-12) ADDITION Principal Financial Analyst (OC-12) DELETE (Reclassified to Principal Staff Analyst) 1228173.1 OCSD 18-04-7 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 urchase 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 managers 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 Count . 1228173.1 OCSD 18-04-8 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/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 ins ection. 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. 1228173.1 OCSD 18-04-9