Reso 2010-775CMSD RESOLUTION NO. 2010 -775
RESOLUTION OF THE COSTA MESA SANITARY DISTRICT
BOARD OF DIRECTORS
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 Costa Mesa Sanitary 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, Title 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.
NOW THEREFORE, BE IT RESOLVED:
Section 1. The terms of Title 2, California Code of Regulations, Section 18730
(Attachment A) and any amendments to it duly adopted by the Fair Political Practices
Commission are hereby incorporated by reference and, together with 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 Costa Mesa Sanitary District.
Section 2. The provisions of all Conflict of Interest Codes and Amendments thereto
previously adopted by the Costa Mesa Sanitary District are hereby superseded.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 on this 25th
SecretaryvCosta_I�esa Sa9ita! -y District
Bdard of DirrrctOrs .
day of February 2010.
President, Costa Mesa §Anitary District
Board of Direct rs
ATTACHMENT A
CONFLICT OF INTEREST CODE FOR THE
COSTA MESA SANITARY 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
and any amendments to it duly adopted 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 Costa Mesa Sanitary District.
Designated employees shall file statements of economic interests with the Costa
Mesa Sanitary District's Political Reform Act Filing Officer, Office Manager /Clerk of the
District who will make the statements available for public inspection and reproduction
(Government Code Section 82008).
Upon receipt of the statements of the Board Members, General Manager, District
Engineer, Operations Manager, Administrative Manager, Office Manager /Clerk of the District,
District Treasurer and District Counsel, the District's 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, who is the Filing Officer for those designated positions.
Statements for all other designated employees will be retained by the District's Filing
Officer.
EXHIBIT A
COSTA MESA SANITARY DISTRICT
LIST OF DESIGNATED POSITIONS
CONFLICT OF INTEREST CODE
Designated Positions
Disclosure
Categories
Board Member
OC -01
General Manager
OC -01
District Engineer
OC -10
Operations Manager
OC -06
Administrative Manager
OC -01
Office Manager /Clerk of the District
OC -05
District Treasurer
OC -27
District Counsel
OC -01
Consultant
OC -30
EXHIBIT B
COSTA MESA SANITARY DISTRICT
Disclosure
Disclosure Description
Category
OC -01
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
owning property in Orange County, the Authority or District as applicable.
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 the
County Department, Authority or District, as applicable.
OC -06
All investments in, business positions with and income (including gifts, loans and
travel payments) from sources that provide leased facilities and goods, supplies,
equipment, vehicles, machinery or services (including training and consulting
services) of the types used by the County Department, Authority or District, as
applicable.
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 as used by the County
Department, Authority or District or provides capital for the purchase of property
used or sold by Orange County, the Authority or the District as applicable.
OC -27
All investments in, business positions with and sources of income (including gifts,
loans and travel payments) from sources that are engaged in banking and /or
investment business.
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 County Department Head /Director /General Manage r /Superintendant/etc. 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.
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, Joan Revak, Clerk of the Costa Mesa Sanitary District, hereby certify that the above and
foregoing Resolution No. 2010 -775 duly and regularly passed and adopted by said Board of
Directors at a regular meeting thereof held on the 25th day of February 2010.
IN WITNESS WHEREOF, I have hereunto set my hand and aff ixed the seal of the Costa
Mesa Sanitary District, this A day of ��', Putah y 2010.
j
i
Clerk oft 6'Costa_ r lesa Sanitary District