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Home My WebLink AboutUVWA Reso 2024-01 - Adopting Conflict of Interest CodeUKIAH VALLEY WATER AUTHORITY RESOLUTION NO. 2024-01 RESOLUTION ADOPTING A DRAFT CONFLICT OF INTEREST CODE AND PROVIDING FOR A 45-DAY COMMENT PERIOD WHEREAS,the Ukiah Valley Water Authority(the"Water Authority") is a Joint Exercise of Powers Authority, formed pursuant to the Joint Exercise of Powers Act (Government Code sections 6500, et seq.) created to administer, operate, and maintain its members' water systems and combine those systems into a combined water system; and WHEREAS, the Water Authority is governed by a legislative body called the Water Executive Committee, which is comprised of two representatives from each of its members; and WHEREAS, the Water Authority's members as of the date of this Resolution are: Millview County Water District, Redwood Valley County Water District, and the City of Ukiah; and WHEREAS, by its terms, the Joint Exercise of Powers Agreement (the "Agreement") constituting the Water Authority provides that it comes into existence as of the date the last named Party signed the Agreement; and WHEREAS, the City of Ukiah was the last named Party to sign the Agreement on April 1$t, 2024; and WHEREAS, the Water Authority is required by the Political Reform Act (Government Code, Sections 81000, et seq.) to adopt a conflict of interest code which identifies all agency officials and employees who make or participate in making governmental decisions and ensure compliance by its legislative body, staff, and consultants of that conflict of interest code; and WHEREAS, the Water Executive Committee intends this Resolution to put into place the needed steps for adoption of the Water Authority's Conflict of Interest Code. NOW,THEREFORE,the Water Executive Committee of the Ukiah Valley Water Authority hereby resolves: 1. The Water Executive Committee finds that the above Recitals are true and correct. 2. This Resolution provides public notice of the attached draft Conflict of Interest Code, and the Ukiah Valley Water Authority hereby seeks public comments on the draft Conflict of Interest Code for a 45-day period. 3. The Secretary is hereby directed to accept and consider any comments received and to forward the draft Conflict of Interest Code to the Fair Political Practices Commission after any needed revisions. 4. The Members of the Water Executive Committee, Officers, and identified staff and consultants shall file Statements of Economic Interest with the Secretary, who shall retain them. Page 9 of 3 5. The Secretary is hereby authorized and directed to take such additional steps, and to execute such additional documents, as may be required or reasonably necessary to complete the action authorized by this Resolution. PASSED AND ADOPTED this 2nd day of April, 2024, in a duly noticed and open meeting of the Water Executive Committee by the following vote: AYES: Members Cardoza, Prince, 1-.thoeneman, Orozco, Crane, and Chair Gaska NOES: None ABSENT: None ABSTAIN: None Ukiah alley Water Authority Chair ATTEST: Ukiah Pley Water Authority Secretary Page 2 of 3 CERTIFICATE OF SECRETARY OF THE UKIAH VALLEY WATER AUTHORITY, A California Joint Exercise of Powers Authority I, . '1- Y, W fe , do hereby certify that I am the duly authorized and appointed Secretary of the Ukiah Valley Water Authority, a California Joint Exercise of Powers Authority (the Water Authority'); that the following is a true and correct copy of that certain resolution duly and unanimously adopted and approved by the Water Executive Committee, the legislative body of the Water Authority, on the 2" d day of April, 2024; and that said resolution has not been modified or rescinded and remains in full force and effect as the date hereof: IN WITNESS WHEREOF, I have executed this Certificat n this 2"6 day of April, 2024. Ukia alley Water Authority Secretary Page 3 of 3 Ukiah Valley Water Authority Conflict of Interest Code UKIAH VALLEY WATER AUTHORITY CONFLICT OF INTEREST CODE The Political Reform Act (Cal. Gov. 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) that contains the terms of a standard conflict-of-interest code, which can be incorporated by reference in an agency s code. After public notice and hearing, the standard code 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 Appendices designating positions and establishing disclosure categories shall constitute the Conflict-of-Interest Code of the Ukiah Valley Water Authority (the Water Authority Those holding designated positions are designated employees or officials of the Water Authority and shall file their statements of economic interest with the Water Authority, which shall make the statements available for public inspection and reproduction. (Cal. Gov. Code, Section 81008). All statements shall be filed with the Water Authority and will be retained by the Water Authority. DESIGNATED POSI TIONS Appendix A Designated Positions Ukiah Valley Water Authority Conflict of Interest Code DISCLOSURE CATEGORIES Members of the Water Executive Committee ............................................. 1, 2, 3 Legal Counsel. ................................................................................ 1, 2, 3 Consultants* ................................................................................... 1, 2, 3 *Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the Code subject to the following limitation: The Water Executive Committee 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 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 requirements. The Water Executive Committees' determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. Page 10 of 17 Appendix B Disclosure Categories Ukiah Valley Water Authority Conflict of Interest Code Individuals holding designated positions shall disclose interests pursuant to their assignment to the corresponding disclosure categories: Category 1 Investments and business positions in business entities, and income, including receipt of loans, gifts, and travel payments, from sources that provide services, supplies, materials, machinery, or equipment of the type utilized by the Water Authority. The types of sources include, but are not limited to the following: Engineering services Construction contractors Hardware tools and supplies Freight and hauling Motor vehicles Petroleum products Photographic services, supplies and equipment Water quality testing Communications equipment and services Well drilling Electrical equipment Computer hardware and software Water treatment equipment, supplies and services Appraisal services Printing, reproduction, record keeping, etc. Office equipment Accounting services Real estate agent/brokers and investment firms Title companies Public utilities Banks and savings and loan institutions Page 11 of 17 Ukiah Valley Water Authority Conflict of Interest Code Financial audit services Consulting services, such as legal, energy and power, engineering, data processing, computers, labor relations, public relations, planning, economics, environmental, and appraisal Agricultural production Category 2 Interests in real property located within two miles of the boundaries of any of the member agencies of the Water Authority. Category 3 Investments and business positions in business entities, and income, including receipt of loans, gifts, and travel payments, from sources that have a claim pending or have filed a claim against the Water Authority within the last two years. Page 12 of 17