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HomeMy WebLinkAboutOC SAN 24-12RESOLUTION NO. OC SAN 24-12 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE 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: 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 2024 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of Interest Codes and Amendments thereto previously adopted by the Orange County Sanitation District are hereby superseded. OC SAN 24-12-1 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 of the Orange County Sanitation District held August 28, 2024. Ryan P. Gallagher Board Chairman ATTEST: kdLon Kelly Lore ug 30, 202414:04 PDT) Kelly A. Lore, MMC Clerk of the Board APPROVED AS TO FORM: Scott C. Smith General Counsel OC SAN 24-12-2 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. OC SAN 24-12 was passed and adopted at a regular meeting of said Board on the 28t" day of August 2024, by the following vote, to wit: AYES: Brad Avery, Debbie Baker, Pat Burns, Doug Chaffee, Jon Dumitru, Stephen Faessel, Ryan Gallagher, Johnathan Ryan Hernandez, Stephanie Klopfenstein, Christine Marick, Scott Minikus, Andrew Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Schelly Sustarsic, Chad Wanke, Bruce Whitaker, John Withers, Ted Bui (Alternate) and Tom Lindsey (Alternate) NOES: None ABSENT: Joyce Ahn, Rose Espinoza, Farrah Khan and Jordan Nefulda ABSTENTIONS: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Orange County Sanitation District this 28t" day of August 2024. keUu Love Kelly Lore ug 30, 202414:04 PDT) Kelly A. Lore, MMC Clerk of the Board of Directors Orange County Sanitation District OC SAN 24-12-3 2024 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 Communications, Director of Finance, 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 24-12-4 EXHIBIT A ORANGE COUNTY SANITATION DISTRICT LIST OF DESIGNATED POSITIONS CONFLICT OF INTEREST CODE Designated Positions Disclosure Categories Accounting Supervisor OC-05 DELETION OC-05 Assistant Clerk of the Board OC-05 Assistant General Manager OC-01 Buyer OC-05 Chief Plant Operator OC-05 CIP Project Manager OC-41 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 Cost Estimator OC-41 Director of Communications ADDITION OC-41 Director of Engineering OC-41 Director of Environmental Services OC-41 Director of Finance 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 Protection Manager OC-29 Environmental Supervisor OC-29 Finance Manager ADDITION OC-05 DELETION OC-05 General Counsel OC-01 General Manager OC-01 Human Resources Manager OC-11; OC-12 Human Resources Supervisor OC-11 Information Technology Manager OC-08 Information Technology Supervisor OC-08 Lead Source Control Inspector OC-05; OC-29 Maintenance Manager OC-05 Maintenance Superintendent OC-05 OC SAN 24-12-5 Maintenance Supervisor OC-05 Materials Management 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 Buyer OC-05 Principal Contracts Administrator 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 OC-05 Principal Staff Analyst OC-05; OC-12 Public Affairs Supervisor ADDITION OC-05 Purchasing and Contracts Manager ADDITION OC-05 Purchasing Supervisor OC-05 Safety & Health Manager 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 Inspector I and II OC-29 Treasurer of the Orange County Financing Corporation OC-41 The following amendments are made: ADDITIONS - Director of Communications Finance Manager Public Affairs Supervisor Purchasing and Contracts Manager DELETIONS: Administration Manager Finance & Procurement Manager (classification split into two positions) OC SAN 24-12-6 EXHIBIT B ORANGE COUNTY SANITATION DISTRICT DISCLOSURE CATEGORIES CONFLICT OF INTEREST CODE Disclosure Disclosure Description Category 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, and 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 OC San 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 24-12-7 EXHIBIT B ORANGE COUNTY SANITATION DISTRICT DISCLOSURE CATEGORIES CONFLICT OF INTEREST CODE Disclosure Disclosure Description Category 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. OC SAN 24-12-8 Resolution No OC SAN 24-12 Final Audit Report 2024-08-30 Created: 2024-08-29 By: Kelly Lore (klore@ocsan.gov) Status: Signed Transaction ID: CBJCHBCAABAAAoi-NPSHORkcCcoo9l9FWS5nOgG8hSXs "Resolution No OC SAN 24-12" History s Document created by Kelly Lore (klore@ocsan.gov) 2024-08-29 - 4:01:03 PM GMT- IP address: 65.206.195.5 Document emailed to Scott Smith (scott.smith@bbklaw.com) for signature 2024-08-29 - 4:01:59 PM GMT C, Document e-signed by Scott Smith (scott.smith@bbklaw.com) Signature Date: 2024-08-30 - 8:25:04 PM GMT - Time Source: server- IP address: 74.116.243.2 Document emailed to Ryan Gallagher (rgallagher@mknassociates.us) for signature 2024-08-30 - 8:25:06 PM GMT s Email viewed by Ryan Gallagher (rgallagher@mknassociates.us) 2024-08-30 - 8:33:44 PM GMT- IP address: 104.28.111.146 C: Document e-signed by Ryan Gallagher (rgallagher@mknassociates.us) Signature Date: 2024-08-30 - 8:33:58 PM GMT - Time Source: server- IP address: 104.28.85.166 Document emailed to Kelly Lore (klore@ocsan.gov) for signature 2024-08-30 - 8:33:59 PM GMT Email viewed by Kelly Lore (klore@ocsan.gov) 2024-08-30 - 9:03:53 PM GMT- IP address: 104.47.65.254 Cep Document e-signed by Kelly Lore (klore@ocsan.gov) Signature Date: 2024-08-30 - 9:04:21 PM GMT - Time Source: server- IP address: 65.206.195.5 ® Agreement completed. 2024-08-30 - 9:04:21 PM GMT Powered by iS Adobe ORANGE COUNTY SAN ITATION 01 STRICT Acrvba#5ign 2024 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 Communications, Director of Finance, 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 24-12-4 EXHIBIT A ORANGE COUNTY SANITATION DISTRICT LIST OF DESIGNATED POSITIONS CONFLICT OF INTEREST CODE Designated Positions Disclosure Categories Accounting Supervisor OC-05 DELETION OC-05 Assistant Clerk of the Board OC-05 Assistant General Manager OC-01 Buyer OC-05 Chief Plant Operator OC-05 CIP Project Manager OC-41 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 Cost Estimator OC-41 Director of Communications (ADDITION) OC-41 Director of Engineering OC-41 Director of Environmental Services OC-41 Director of Finance 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 Protection Manager OC-29 Environmental Supervisor OC-29 Finance Manager ADDITION OC-05 Chlorine 12. Prom iromon4 Mana vor (DELETION) OC-05 General Counsel OC-01 General Manager OC-01 Human Resources Manager OC-11; OC-12 Human Resources Supervisor OC-11 Information Technology Manager OC-08 Information Technology Supervisor OC-08 Lead Source Control Inspector OC-05; OC-29 Maintenance Manager OC-05 Maintenance Superintendent OC-05 OC SAN 24-12-5 Maintenance Supervisor OC-05 Materials Management 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 Buyer OC-05 Principal Contracts Administrator 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 OC-05 Principal Staff Analyst OC-05; OC-12 Public Affairs Supervisor ADDITION OC-05 Purchasing and Contracts Manager ADDITION OC-05 Purchasing Supervisor OC-05 Safety & Health Manager 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 Inspector I and II OC-29 Treasurer of the Orange County Financing Corporation OC-41 The following amendments are made: ADDITIONS - Director of Communications Finance Manager Public Affairs Supervisor Purchasing and Contracts Manager DELETIONS: Administration Manager Finance & Procurement Manager (classification split into two positions) OC SAN 24-12-6 EXHIBIT B ORANGE COUNTY SANITATION DISTRICT DISCLOSURE CATEGORIES CONFLICT OF INTEREST CODE Disclosure Disclosure Description Category 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, and 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 OC San 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 24-12-7 EXHIBIT B ORANGE COUNTY SANITATION DISTRICT DISCLOSURE CATEGORIES CONFLICT OF INTEREST CODE Disclosure Disclosure Description Category 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. OC SAN 24-12-8