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HomeMy WebLinkAboutRes - 2026.13 - ADOPTING A CONFLICT OF INTEREST CODERESOLUTION NO. 2026.13 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT ADOPTING A CONFLICT OF INTEREST CODE WHEREAS, the East Valley Water District ("the District") is a county water district organized and operating pursuant to California Water Code Section 30000 et seq., and a local government agency subject to the requirements of the Political Reform Act of 1974 ("the Act"), California Government Code Section 81000 et seq.; WHEREAS, Section 87300 of the Act requires all local government agencies to adopt and promulgate conflict of interest codes pursuant to the provisions of the Act; WHEREAS, the Fair Political Practices Commission ("the FPPC") has adopted a regulation, 2 Cal. Code of Regs. 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 FPPC after public notice and hearings to conform to amendments in the Act; and WHEREAS, the District desires to comply with its statutory requirements under the Act and to provide a method to ensure that its Conflict of Interest Code is current and consistent with the prevailing provisions of the Act and the regulations of the FPPC. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the East Valley Water District as follows: Section 1. The terms of 2 Cal. Code of Regs. Section 18730, and any amendments to it duly adopted by the FPPC, are hereby incorporated herein by this reference and, along with the attached Appendix in which designated positions and disclosure categories are set forth , shall constitute the District's Conflict oflnterest Code. Positions subject to Government Code Section 87200 are not designated positions under this Code. In the event of any inconsistency between the attached Appendix and the prevailing provisions of the Act and/or the applicable regulations of the FPPC, the Act and the FPPC regulations shall control. Section 2. Persons holding designated positions shall file statements of economic interest with the District which will then be made available to the public for inspection and reproduction. Statements of Economic Interests shall be filed in accordance with Government Code Section 87 500, 2 Cal. Code of Regs. Section 18730, and other applicable law. A public official for whom the Fair Political Practices Commission is the filing officer, including a public official who manages public investments pursuant to Government Code Section 87200, shall file using the Commission's electronic filing system. Statements for persons holding designated positions will be retained by the District Secretary. Section 3. This Resolution supersedes Resolution No. 2024.16 adopted by the District's Board of Directors on November 13, 2024 and shall become effective upon approval by the code reviewing body pursuant to Government Code Section 87303. ADOPTED this 28 th day of October 2026 . Ayes : Noes : Abstain: Absent: ATTEST: Michael Moore Secretary, Board of Directors October 28, 2026 p tz4f ii ~---- R~Coats Board President I HEREBY CERTIFY that the foregoing is a full, true and correct copy of R esolution 2026.13 adopted by the Board of Directors of East Valley Water District at its regular meeting held October 28, 2026. ~?-~ Michael Moo re Board Secretary APPENDIX CONFLICT OF INTEREST AND DISCLOSURE CODE SECTION 100. Adoption of Code. The East Valley Water District ("the District") in the County of San Bernardino hereby adopts this Conflict of Interest and Disclosure Code ("Code"). The provisions of this Code are additional to Government Code Section 87100 and other laws pertaining to conflicts of interest. The provisions of 2 Cal. Code of Regs. Section 18730, and any amendments to it duly adopted by the Fair Political Practices Commission, are incorporated herein by reference. This Code shall be interpreted and applied consistently with the Political Reform Act and applicable FPPC regulations. SECTION 200. Designated Positions. The positions listed on Exhibit "B" are designated positions. Persons holding those positions are deemed to participate in the making of decisions which may foreseeably have a material effect on a financial interest. SECTION 250. Officials Filing Pursuant to Government Code Section 87200. The following positions are public officials who manage public investments pursuant to Government Code Section 87200 and are not designated positions under this Code: Board of Directors General Manager/CEO Director of Finance/District Treasurer SECTION 300. Economic Disclosure Statements. Designated positions are assigned to one or more of the disclosure categories set forth on Exhibit "A". Each person holding a designated position shall file a statement disclosing his/her interest in investments, business positions, real property, and sources ofincome, designated as reportable under the category to which his/her position is assigned on Exhibit "B". SECTION 400. Place and Time of Filing. A. Persons holding designated positions which are added to the District's Code shall file an initial statement within 30 days after the effective date of the Code. B. Persons appointed, promoted, or transferred to designated positions shall file an assuming office statement with the District within 30 days after assuming the position. C. Annual statements shall be filed with the District by April 1st by all persons holding designated positions. Such statements shall cover the period of the preceding calendar year or from the date of the last statement filed. 3 D. Leaving office statements shall be filed with the District within 30 days of leaving a designated position. Such statements shall cover the period from the closing date of the last statement filed to the date ofleaving the position. E. An individual who resigns a designated position within 12 months following initial appointment or within 30 days of the date of a notice mailed by the filing officer of the individual's filing obligation, whichever is earlier, is not deemed to assume or leave office, provided that during the period between appointment and resignation, the individual does not make, participate in making, or use the position to influence any decision of the District, or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. Within 30 days of the date of a notice mailed by the filing officer, the individual shall do both of the following: (1) File a written resignation with the appointing power. (2) File a written statement with the filing officer signed under the penalty of perjury stating that the individual, during the period between appointment and resignation, did not make, participate in the making or use the position to influence any decision of the District or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. SECTION 500. Contents of Economic Disclosure Statements. Statements of Economic Interests shall be filed on forms prescribed by the FPPC and shall contain the information required by the Political Reform Act and applicable FPPC regulations for the disclosure category assigned to the filer's position. SECTION 600. Dis qualification. Persons holding designated positions shall comply with the disqualification requirements of the Political Reform Act and applicable FPPC regulations, including 2 Cal. Code of Regs. Section I 8730, when a governmental decision may have a reasonably foreseeable material effect on a financial interest. SECTION 700. Ado ption by Incor poration. Adoption by incorporation by reference of the terms of this code along with the designation of employees and the formulation of disclosure categories in the Exhibits referred to above constitute the adoption and promulgation of a Conflict of Interest and Disclosure Code. 4 CONFLICT OF INTEREST AND DISCLOSURE CODE Exhibit A CATEGORYl Persons in this category shall disclose all interest in real property within the jurisdiction. Real property shall be deemed to be within the jurisdiction if the property or any part of it is located within or not more than two miles outside the boundaries of the jurisdiction or within two miles of any land owned or used by the District. CATEGORY2 Persons in this category shall disclose all investments and business positions. The Political Reform Act defines investment as follows: "Investment" means any financial interest in or security issued by a business entity, including but not limited to common stock, preferred stock, rights, warrants, options, debt instruments, and any partnership or other ownership interest owned directly, indirectly, or beneficially by the public official, or other filer, or his or her immediate family, if the business entity or any parent, subsidiary, or otherwise related business entity has an interest in real property in the jurisdiction, or does business or plans to do business in the jurisdiction, or has done business within the jurisdiction at any time during the two years prior to the time any statement or other action is required under this title. No asset shall be deemed an investment unless its fair market value equals or exceeds two thousand dollars ($2,000). The term "investment" does not include a time or demand deposit in a financial institution, shares in a credit union, any insurance policy, interest in a diversified mutual fund registered with the Securities and Exchange Commission under the Investment Company Act of 1940 or a common trust fund which is created pursuant to Section 1564 of the Financial Code, or any bond or other debt instrument issued by any government or government agency. Investments of an individual include a pro rata share of investments of any business entity, mutual fund, or trust in which the individual or immediate family owns, directly, indirectly, or beneficially, a IO-percent interest or greater. According to the Political Reform Act, a business position is a position of director, officer, partner, trustee, employee, or any position of management in any organization or enterprise operated for profit, including but not limited to a proprietorship, partnership, firm, business trust, joint venture, syndicate, corporation or association. 5 CATEGORY3 Persons in this category shall disclose all income and business positions. The Political Reform Act defines income as follows: "Income" means a payment received, including but not limited to any salary, wage, advance, dividend, interest, rent, proceeds from any sale, gift, including any gift of food or beverage, loan, forgiveness or payment of indebtedness received by the filer, reimbursement for expenses, per diem, or contribution to an insurance or pension program paid by any person other than an employer, and including any community property interest in the income of a spouse. Income also includes any outstanding loans. Income of an individual also includes a pro rata share of any business entity or trust in which the individual or spouse owns, directly, indirectly or beneficially, a 10-percent interest or greater. CATEGORY4 Persons in this category shall disclose all business positions, investments in, or income (including gifts and loans) received from business entities that manufacture, provide or sell service and/or supplies of a type utilized by the District and associated with the job assignment of designated positions assigned to this disclosure category. CATEGORYS Consultants who are not employed as full-time staff members of the District shall nonetheless be included as a designated employee and subject to the disclosure requirements herein. However, those consultants whose positions are marked with an asterisk(*) in Exhibit "B" of this Code, or any other consultants which may be hired, may not be required to fully comply with the disclosure requirements herein where the range of duties which they are hired to perform is limited in scope. Such determination shall be made in writing by the General Manager/CEO of the District and shall include a description of the consultant's duties and, based upon that description, a statement of the extent of the consultant's disclosure requirements, if any. This determination is a public record and shall be retained for public inspection in the same manner and location as this Code. 6 CONFLICT OF INTEREST AND DISCLOSURE CODE ExhibitB DESIGNATED POSITIONS Finance Supervisor Operations Manager Director of Engineering & Operations District Secretary Director of Human Resources Engineering Manager Principal Engineer Information Technology Manager Director of External Services and Customer Experience Water Reclamation Manager General Counsel Consultant * 7 DISCLOSURE CATEGORIES 4 4 4 4 4 4 4 4 4 4 4 5