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Home My WebLink AboutOCSD 19-18RESOLUTION NO. OCSD 19-18 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 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 Orange County Sanitation District workforce resulted in the reclassification of a position; and WHEREAS, the Orange County Sanitation 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. NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District, DOES HEREBY RESOLVE, DETERMINE, AND ORDER: 1427827.1 OCSD 19-18-1 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of Interest Codes and Amendments thereto previously adopted by the Orange County Sanitation District are hereby superseded .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 November 20, 2019 . ATTEST: " 1427 82 7.1 OCSD 19-18-2 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 19-18 was passed and adopted at a regular meeting of said Board on the 20th day of November 2019 , by the following vote , to wit: AYES: Brad Avery, Allan Bernstein, Doug Chaffee, Robert Collacott, James Ferryman , Cecilia Iglesias, Peter Kim, Lucille Kring, Sandra Massa-Lavitt, Mark Murphy, Steve Nagel, Andrew Nguyen, Glenn Parker, Erik Peterson, David Shawver, Christina Shea , Jesus Silva, Fred Smith, Chad Wanke , Tom Beamish (Alternate), Stacy Berry (Alternate), Dean Grose (Alternate) and John O'Neill (Alternate) NOES: None ABSENT: Phil Hawkins and John Withers ABSTENTIONS: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Orange County Sanitation District this 20th day of November 2019 . 142 7 827 .1 OCSD 19 -18-3 2019 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 (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 Operations & Maintenance, Director of Environmental Services, Director of Human Resources, and the Clerk of the Board. The Sanitation 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 Sanitation District's Filing Officer receives any 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. 1427807.1 OCSD 19-18-1 Statements for all other designated employees will be retained by the Sanitation District's Filing Officer. 1427807.l OCSD 19-18-2 EXHIBIT A ORANGE COUNTY SANITATION DISTRICT Designated Positions Accounting Supervisor LIST OF DESIGNATED POSITIONS CONFLICT OF INTEREST CODE *Administration Manager (addition) *Administration Supervisor (addition) *Assistant Clerk of the Board (addition) Assistant General Manager Buyer Capital Improvement Program Project Manager Chief Plant Operator Clerk of the Board Construction Inspection Supervisor Construction Inspector Consultant *Contracts & Purchasing Manager (deletion) Reclassified as Purchasing & Contracts Manager Contracts Administrator Contracts Supervisor Controller *Cost Estimator (addition) *Deputy Clerk of the Board (deletion) Reclassified as Assistant Clerk of the Board Director of Engineering Director of Environmental Services Director of Finance & Administrative Services Director of Human Resources Director of Operations & Maintenance Engineer Engineering Manager Engineering Supervisor Environmental Laboratory & Ocean Monitoring Manager Environmental Supervisor *Facilities Manager (deletion) Position eliminated General Counsel General Manager Human Resources & Risk Manager Human Resources Supervisor *Information Technology Manager (deletion) Position eliminated 1427807.l Disclosure Categories OC-05 OC-05 OC-05 OC-05 OC-01 OC-05 OC-41 OC-05 OC-05 OC-05 OC-10 OC-30 OC-05 OC-05 OC-05 OC-05 OC-41 OC-05 OC-41 OC-41 OC-41; OC-12 OC-41, OC-11 OC-41 OC-29, OC-41 OC-41 OC-41 OC-05 OC-29 OC-05 OC-01 OC-01 OC-11; OC-12 OC-11 OC-08 OCSD 19-18-3 Information TechnoloQy Supervisor Information Technology Systems & Operations Manager *Laboratory Supervisor (deletion) Previously reclassified as Environmental Supervisor *Lead Source Control Inspector (addition) Maintenance ManaQer Maintenance Superintendent Maintenance Supervisor Materials Control Supervisor Operations Manager Operations Supervisor Orange County Sanitation District Financing Corporation Board of Directors Principal Accountant Principal Contracts Administrator *Principal Buyer (addition) Principal Human Resources Analyst *Principal Public Affairs Specialist (addition) Principal Staff Analyst *Purchasing and Contracts Manager (addition) Public Affairs Supervisor Purchasing Supervisor Safety & Health Supervisor Secretary of the Orange County Financing Corporation Senior Buyer *Senior Construction Inspection Supervisor (deletion) Position eliminated Senior Construction Inspector Senior Contracts Administrator Senior Engineer Senior Scientist Source Control Supervisor Treasurer of the Orange County Financing Corporation *The following amendments are made: ADDITIONS: Administration Manager -OC-05 Administration Supervisor -OC-05 Assistant Clerk of the Board -OC-05 Cost Estimator -OC-41 Principal Buyer -OC-05 Principal Public Affairs Specialist -OC-05 Purchasing and Contracts Manager -OC-05 1427807.1 OC-08 OC-08 OC-21 OC-05; OC-29 OC-05 OC-05 OC-05 OC-05 OC-05 OC-05 OC-01 OC-41 OC-05 OC-05 OC-11 OC-05 OC-05; OC-12 OC-05 OC-05 OC-05 OC-05 OC-05 OC-05 OC-05 OC-10 OC-05 OC-05 OC-21 OC-29 OC-41 OCSD 19-18-4 DELETIONS: Contracts & Purchasing Manager -Reclassified as Purchasing & Contracts Manager Deputy Clerk of the Board -reclassified as Assistant Clerk of the Board Facilities Manager -Position eliminated Information Technology Manager -Position eliminated Laboratory Supervisor -Reclassified as Environmental Supervisor Senior Construction Inspection Supervisor -Position eliminated 1427807. l OCSD 19-18-5 Disclosure Category OC-01 OC-05 OC-08 OC-10 OC-11 OC-12 1427807.1 EXHIBIT B ORANGE COUNTY SANITATION DISTRICT DISCLOSURE CATEGORIES CONFLICT OF INTEREST CODE Disclosure Description All interests in real property in Orange County or located entirely or partly within the Sanitation District's boundaries, 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, equipment (including training and consulting services) used by the Sanitation District. 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 Sanitation District. 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 used by the Sanitation District or provides capital for the purchase of property used or sold by the Sanitation District. All interests in real property in Orange County or located entirely or partly within the Sanitation District's 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. All interests in real property in Orange County or located entirely or partly within the Sanitation District's boundaries, 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 the Sanitation District. OCSD 19-18-6 Disclosure Category OC-21 OC-29 OC-30 OC-41 1427807. l EXHIBIT B ORANGE COUNTY SANITATION DISTRICT DISCLOSURE CATEGORIES CONFLICT OF INTEREST CODE Disclosure Description 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 traininQ and consultinQ services}. All investments in, business positions with and income (including gifts, loans and travel payments) from sources that are subject to inspection or reQulation by the Sanitation District. 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 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. 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 provide services, supplies, materials, machinery, vehicles, or equipment (including training and consulting services) used by the Sanitation District. OCSD 19-18-7