Resolution No. 01-2015
AMENDING THE CONFLICT OF INTEREST CODE OF
THE ALDERCROFT HEIGHTS COUNTY WATER DISTRICT
WHEREAS, the Aldercroft Heights County Water District (the "District") is a county water district duly organized and existing under and pursuant to the laws of the State of California; and
WHEREAS, the District desires to amend it's conflict of interest code to update it and to add new positions;
NOW, THEREFORE, it is resolved by the Board of Directors of the Aldercroft Heights County Water District as follows:
SECTION 1. Amendment of Conflict of Interest Code: The District hereby adopts the Amended Conflict of Interest code with Appendix attached hereto.
SECTION 2. Other Actions. The President of the Board of Directors and other offers of the District are each hereby authorized and directed, jointly and severally, to take any and all actions and to execute and deliver any and all documents, agreements and certificates which they may deem necessary or advisable in order to carry out, give effect to and comply with the terms of the Resolution. Such actions are hereby ratified, confirmed and approved.
SECTION 3. Effect. The Resolution shall take effect immediately upon its passage. PASSED, APPROVED AND ADOPTED this 24th day of February, 2015 by the following vote:
AYES: Avent, Botting, Francis, Pearce, Zender
CONFLICT OF INTEREST CODE
ALDERCROFT HEIGHTS COUNTY WATER DISTRICT
FILING OFFICIAL AND FILING OFFICER: Designated officers and employees shall file statements of economic interests with the Business Manager of the Aldercroft Heights County Water District, who shall be deemed to be the filing official. If a statement is received in signed paper format, the district’s filing official shall make and retain a copy and forward the original of this statement to the filing officer, the County of Santa Clara Clerk of the Board of Supervisors. If a statement is electronically filed using the County of Santa Clara’s Form 700 e filing system, both the district’s filing official and the County of Santa Clara Clerk of the Board of Supervisors will receive access to the e-filed statement simultaneously. The district shall make the statements available for public inspection and reproduction pursuant to Government Code section 81008.
WHERE TO ASK FOR HELP: If after reading this Code you have any questions concerning any sections of the Code, or your obligations under it, you should contact the District's counsel.
INTRODUCTION: The Aldercroft Heights County Water District adopted a Conflict of Interest Code with an effective date of November 21, 1978, pursuant to the requirements of the Political Reform Act of 1974. (Gov. Code § 81000, et seq.) In the interest of keeping the Code current with amendments to the Act and to regulations as they occur, the Fair Political Practices Commission has adopted a standard Conflict of Interest Code.
INCORPORATION OF REGULATION 18730: The Political Reform Act, Government Code section 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, California Code of Regulations, title 2, section 18730, which contains the terms of a standard Conflict of Interest Code, which can be incorporated by reference, and which may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and hearings. Therefore, the terms of California Code of Regulations, title 2, section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission, along with the attached Appendix in which officials, employees and consultants are designated and disclosure categories are set forth, are hereby incorporated by reference and constitute the Conflict of Interest Code of the Aldercroft Heights County Water District. To view the current text online go to http://www.fppc.ca.gov/legal/regs/current/18730.pdf
Designated Position Disclosure Category
Business Manager 1
Legal Counsel 1
Water Manager 1
Newly Created Position *
*NEWLY CREATED POSITIONS:
A newly created position that makes or participates in the making of decisions that may foreseeably have a material effect on any financial interest of the position-holder, and which specific position title is not yet listed in the district’s conflict of interest code is included in the list of designated positions and shall disclose pursuant to the broadest disclosure category in the code, subject to the following limitation: The district may determine in writing that a particular newly created position, although a “designated position,” is hired to perform a range of duties that are limited in scope and thus is not required to fully comply with the broadest disclosure requirements, but instead must comply with more tailored disclosure requirements specific to that newly created position. Such written determination shall include a description of the newly created position's duties and, based upon that description, a statement of the extent of disclosure requirements. The district’s determination is a public record and shall be retained for public inspection in the same manner and location as this conflict-of-interest code. (Gov. Code Section 81008.)
As soon as the district has a newly created position that must file statements of economic interests, the district’s filing official shall contact the County of Santa Clara Clerk of the Board of Supervisors Form 700 division to notify it of the new position title to be added in the County’s electronic Form 700 record management system, known as eDisclosure. Upon this notification, the Clerk’s office shall enter the actual position title of the newly created position into eDisclosure and the district’s filing official shall ensure that the name of any individual(s) holding the newly created position is entered under that position title in eDisclosure.
Additionally, within 90 days of the creation of a newly created position that must file statements of economic interests, the district shall update this conflict-of-interest code to add the actual position title in its list of designated positions, and submit the amended conflict of interest code to the County of Santa Clara Office of the County Counsel for code-reviewing body approval by the County Board of Supervisors. (Gov. Code Sec. 87306.)
Disclosure Category 1: Persons in this category shall disclose all investments, business positions in entities, and income (including gifts, loans and travel payments) from sources that (a) provide leased facilities, goods, equipment, vehicles, machinery or services, including training or consulting services, of the type utilized by the District; (b) all sources that are subject to the regulatory, permit or licensing authority of, or have an application for a license or permit pending before, the District; and (c) all sources that receive, are planning to apply to receive, or have received in the last two years, grants or other monies from or through the District; and all interests in real property located entirely or partly within the District’s boundaries, or within two miles of District boundaries, or of any land owned or used by the District.
Disclosure Category 2: Category 2: Consultants, as defined for purposes of the Political Reform Act, shall disclose pursuant to the broadest disclosure category in the conflict of interest code subject to the following limitation: The district may determine in writing 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 comply fully with the disclosure requirements of the broadest disclosure category, but instead must comply with more tailored disclosure requirements specific to that consultant. Such a determination shall include a description of the consultant’s duties and, based upon that description, a statement of the extent of disclosure requirements. All such determinations are public records and shall be retained for public inspection along with this conflict of interest code.