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HomeMy WebLinkAboutOC SAN 23-06 OC SAN 23-06-1 RESOLUTION NO. OC SAN 23-06 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 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 positions; 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: OC SAN 23-06-2 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 2022 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of Interest Codes and Amendments thereto previously adopted by the Orange County Sanitation District are hereby superseded.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 February 22nd, 2023. ________________________________ Chad P. Wanke Board Chairman ATTEST: ______________________________ Kelly A. Lore, MMC Clerk of the Board Chad Wanke (Feb 23, 2023 09:56 PST) Chad Wanke Kelly Lore (Feb 23, 2023 09:58 PST) Kelly Lore OC SAN 23-06-3 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. OC SAN 23-06 was passed and adopted at a regular meeting of said Board on the 22nd day of February 2023, by the following vote, to wit: AYES: Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Marshall Goodman, Glenn Grandis, Phil Hawkins, Johnathan Ryan Hernandez, Farrah Khan, Christine Marick, Sandra Massa-Lavitt, Scott Minikus, Andrew Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Susan Sonne and Chad Wanke NOES: None ABSENT: Brad Avery, Steve Jones, Jordan Nefulda, Bruce Whitaker 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 22nd day of February 2023. Kelly A. Lore, MMC Clerk of the Board of Directors Orange County Sanitation District Kelly Lore (Feb 23, 2023 09:58 PST) Kelly Lore OC SAN 23-06-4 2023 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 (OC San). 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 Orange County Sanitation District’s Filing Officer (Clerk of the OC San’s Board of Directors) will thereafter verify the completion of the filing statements. If OC San’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. Statements for all other designated employees will be retained by OC San’s Filing Officer. OC SAN 23-06-5 EXHIBIT A ORANGE COUNTY SANITATION DISTRICT LIST OF DESIGNATED POSITIONS CONFLICT OF INTEREST CODE Designated Positions Disclosure Categories Accounting Supervisor OC-05 Administration Manager OC-05 Administration Supervisor OC-05 Assistant Clerk of the Board 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 Administrator OC-05 Contracts Supervisor OC-05 Controller OC-05 Cost Estimator OC-41 Director of Engineering OC-41 Director of Environmental Services OC-41 Director of Finance (ADDITION) OC-41; OC-12 Director of Finance & Administrative Services (DELETION) OC-41; OC-12 Director of Human Resources OC-41, OC-11 Director of Operations & Maintenance OC-41 Engineer OC-29, OC-41 Engineering Manager OC-41 Engineering Supervisor OC-41 Environmental Laboratory & Ocean Monitoring Manager (DELETION) OC-05 Environmental Protection Manager OC-29 Environmental Supervisor OC-29 General Counsel OC-01 General Manager OC-01 Human Resources & Risk Manager OC-11; OC-12 Human Resources Supervisor OC-11 Information Technology Supervisor OC-08 Information Technology Manager (ADDITION) OC-08 Information Technology Systems & Operations Manager (DELETION) OC-08 OC SAN 23-06-6 Lead Source Control Inspector OC-05; OC-29 Maintenance Manager OC-05 Maintenance Superintendent OC-05 Maintenance Supervisor OC-05 Materials Control Supervisor OC-05 Operations Manager OC-05 Operations Supervisor OC-05 Orange County Sanitation District Financing Corporation Board of Directors OC-01 Principal Accountant OC-41 Principal Contracts Administrator OC-05 Principal Buyer OC-05 Principal Environmental Specialist OC-29 Principal Human Resources Analyst OC-11 Principal Information Technology Analyst OC-08 Principal Public Affairs Specialist OC-05 Principal Safety and Health Specialist (ADDITION) OC-05 Principal Staff Analyst OC-05; OC-12 Purchasing and Contracts Manager OC-05 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 Inspector OC-10 Senior Contracts Administrator OC-05 Senior Cost Estimator OC-41 Senior Engineer OC-05 Senior Scientist OC-21 Source Control Supervisor OC-29 Source Control Inspector I and II OC-29 Treasurer of the Orange County Financing Corporation OC-41 *The following amendments are made: ADDITIONS: Director of Finance Information Technology Manager Principal Safety and Health Specialist DELETIONS: Director of Finance and Administrative Services Environmental Laboratory & Ocean Monitoring Manager Information Technology Systems & Operations Manager OC SAN 23-06-7 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 located entirely or partly within OC San’s boundaries, 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 OC San. 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 OC San. 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 used by the Sanitation District or provides capital for the purchase of property used or sold by OC San. OC-11 All interests in real property in Orange County or located entirely or partly within the OC San’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. OC-12 All interests in real property in Orange County or located entirely or partly within OC San’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 OC San. OC SAN 23-06-8 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 OC San. 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 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, 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 OC San.