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HomeMy WebLinkAboutOCSD 08-17 (REPEALED) REPEALED BY RESOLUTION NO. OCSD 08-17 OCSD 09-17 ADOPTING DISTRICT'S 2008 CONFLICT OF INTEREST CODE A RESOLUTION OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT ADOPTING THE DISTRICT'S 2008 CONFLICT OF INTEREST CODE AND REPEALING RESOLUTION NO. OCSD 06-23 WHEREAS, the Political Reform Act of 1974, Government Code Sections 81000, et seq., (the "Act"), requires a local governmental agency to adopt a Conflict of Interest Code pursuant thereto; and, WHEREAS, the Orange County Sanitation District adopted Resolution No. OCSD 06-23 on September 27, 2006, adopting such a Code by incorporating the provisions of Section 18730 of Title 2 of the California Code of Regulations pursuant to the Act, which Code was approved by the Orange County Board of Supervisors, as the Code- reviewing body; and, WHEREAS, Exhibit "A" must be amended to correct the list of Designated Employees by revising the titles of existing positions, and by deleting the titles of positions that have been eliminated. NOW, THEREFORE, the Board of Directors of Orange County Sanitation District, DOES HEREBY RESOLVE, DETERMINE AND ORDER: Section 1: That the Code entitled "2008 Conflict of Interest Code of the Orange County Sanitation District", a copy of which is attached hereto and incorporated herein by reference, be, and is hereby approved and adopted for the District, subject to the approval thereof by the Orange County Board of Supervisors, which is the designated Code-reviewing body pursuant to California Government Code Section 87303. Section 2: That the Clerk of the Board is hereby authorized and instructed to submit a copy of this Resolution and the Code hereby adopted to the Orange County Board of Supervisors, and to request said Board of Supervisors to approve said Code in accordance with California Government Code Section 87303. Section 3: That Resolution No. OCSD 06-23, adopted September 27, 2006, adopting a revised Conflict of Interest Code of the Orange County Sanitation District, is hereby repealed, effective ten (10) days after approval of the District's 2008 Code adopted herein by the Orange County Board of Supervisors. PASSED AND ADOPTED at a regular meeting held September 17, 2008. Chair Clerk of th oard H:\dept\gmo\150\151\BS\Resolutions\2008\08-17.Conflict of Interest Code.docx 2008 CONFLICT OF INTEREST CODE OF THE ORANGE COUNTY SANITATION DISTRICT Section 1: Purpose. The purpose of this 2008 Conflict of Interest Code of the Orange County Sanitation District, is to comply with the requirements of the California Political Reform Act of 1974 (California Government Code Sections 87100 et seq.), and particularly the requirement to adopt and promulgate a local Conflict of Interest Code (California Government Code Section 87300). Section 2: Designated Positions. The positions listed on Exhibit "A', attached hereto and incorporated herein by reference, are Designated Positions. Officers and employees holding those positions are Designated Employees, and are deemed to make, or participate in the making, of decisions which may foreseeably have a material effect on economic interests. Section 3: Disclosure Categories. Each Designated Employee shall disclose on Fair Political Practices Commission Form 700, all required information for the following disclosure categories, and as specified for the Designated Position: Category I - Investments Category II - Interests in Real Property Category III - Income Category IV - Business Positions Section 4: Incorporation by Reference of Section 18730 of Title 2 of the California Code of Regulations. Pursuant to authority of Section 18730 of Title 2 of the California Code of Regulations, the Regulations set forth in Title 2, Division 6, Chapter 7, Articles 1-3, and any amendments thereto, duly adopted by the Fair Political Practices Commission, along with the attached Exhibit "A", in which officers and employees of the District are designated and disclosure categories are set forth, are hereby incorporated by reference and constitute the Conflict of Interest Code of the Orange County Sanitation District. Section 5: Place of Filing for Statements of Economic Interest. Persons occupying Designated Positions shall file Statements of Financial Interest with the Orange County Sanitation District Clerk of the Board. Upon receipt of the Statements of the Board of Directors and General Manager, the District's Clerk of the Board 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 persons occupying Designated Positions will be retained by the District. Section 6: Severability. If any article, section, subsection, paragraph, subparagraph, sentence, clause, or phrase of this Code is for any reason held to be invalid, unconstitutional, or unenforceable, such decision shall not affect the validity of the remaining portions of this Code. The District declares that it would have adopted this Code and each article, section, subsection, paragraph, subparagraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more of such portions of this Code be declared invalid, unconstitutional, or unenforceable. Section 7: Effective Date: The District's 2008 Conflict of Interest Code shall take effect ten (10) days after approval by the Orange County Board of Supervisors, acting as the Code-reviewing body, pursuant to Government Code Section 87303. 2008 CONFLICT OF INTEREST CODE OF THE ORANGE COUNTY SANITATION DISTRICT EXHIBIT "A" DESIGNATED POSITIONS Designated Position Disclosure Categories General Manager I, II, III, IV Assistant General Manager I, II, III, IV Director of Engineering I, II, III, IV Director of Finance & Administrative Services I, II, III, IV Director of Operations and Maintenance I, II, III, IV Director of Technical Services I, II, III, IV Accounting Manager I, II, III, IV Contracts and Purchasing Manager I, II, III, IV Controller I, II, III, IV Engineering Manager I, II, III, IV Environmental Assessment Manager I, II, III, IV Facilities Manager I, II, III, IV Human Resources & Employee Relations Manager I, Il, III, IV Information Technology Manager I, II, III, IV Information Technology Systems & Operations Manager I, II, III, IV Public Information Manager I, II, III, IV Laboratory Manager I, II, III, IV Maintenance Manager I, II, III, IV Safety Manager I, II, III, IV Operations Manager I, II, III, IV Source Control Manager I, II, III, IV Accounting Supervisor I, II, III, IV Chief Plant Operator I, II, III, IV Clerk of the Board I, II, III, IV Purchasing Supervisor I, II, III, IV Contracts Supervisor I, II, III, IV Construction Inspection Supervisor I, II, III, IV Senior Construction Inspection Supervisor I, II, III, IV Engineering Supervisor I, II, III, IV Environmental Supervisor I, II, III, IV Human Resources Supervisor I, II, III, IV Laboratory Supervisor I, II, III, IV Maintenance Supervisor I, II, III, IV 2008 CONFLICT OF INTEREST CODE OF THE ORANGE COUNTY SANITATION DISTRICT EXHIBIT "A" DESIGNATED POSITIONS Designated Position Disclosure Categories Senior Maintenance Supervisor I, II, III, IV Materials Control Supervisor I, II, III, IV Operations Supervisor I, II, III, IV Safety & Health Supervisor I, II, III, IV Source Control Supervisor I, II, III, IV Principal Accountant I, II, III, IV Principal Financial Analyst I, II, III, IV Buyer I, II, III, IV Senior Buyer I, II, III, IV Capital Improvement Program Project Manager I, II, III, IV Construction Inspector I, II, III, IV Senior Construction Inspector I, II, III, IV Contracts Administrator I, II, III, IV Senior Contracts Administrator I, II, III, IV Principal Contracts Administrator I, II, III, IV Senior Engineer I, II, III, IV Regulatory Specialist I, II, III, IV Senior Regulatory Specialist I, II, III, IV Senior Scientist I, II, III, IV General Counsel I, II, III, IV *Consultants I, II, III, IV *The governing body of the District shall determine on a case-by-case basis whether a particular Consultant is required to comply with the disclosure requirements in this Section. If the governing body determines that a particular Consultant must comply with the disclosure requirements of this Section, the governing body shall notify the Consultant in writing. The written notification shall include a description of the Consultant's duties, and based upon those duties, a statement of the extent of disclosure requirements. The governing body's notification is a public record and shall be retained for public inspection by the Clerk of the Board.