Conflict of Interest Code

Most recent:

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 

NAYS: none 

ABSTENTIONS: none 

ABSENT: none 

Approved: ______________________________________  

 President  

Attest: ______________________________  

 Recording Secretary 

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 districts 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 Claras Form 700 e filing system, both the districts 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

APPENDIX 

DESIGNATED POSITIONS:  

Designated Position Disclosure Category 

Business Manager 1 

Director 1 

Legal Counsel 1 

Water Manager 1 

Consultant 2 

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 CATEGORIES:  

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 Districts 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 consultants 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.