The proper operation of democratic government requires that
public officials and employees be independent, impartial and responsible
to the people; that government decisions and policy be made in the
proper channels of the governmental structure; that public office
not be used for personal gain; and the public have confidence in the
integrity of its government. In recognition of these goals, there
is hereby established a code of ethics for all officers and employees,
whether elected or appointed, paid or unpaid.
This article establishes ethical standards of conduct for District
officers and employees by setting forth those acts or actions that
are incompatible with the best interests of the District and by directing
the officers' disclosure of private financial or other interests in
matters affecting the District.
Public officials and employees are agents of public purpose
and hold office for the benefit of the public. They are bound to uphold
the United States and State Constitution and to carry out impartially
the laws of the nation, State, the Municipal Water District Act of
1911 and the District, thus to foster respect for all governments.
They are bound to observe, in their official acts, the highest standards
of performance and to discharge faithfully the duties of their office,
regardless of personal considerations. Recognizing that the public
interests must be their primary concern, their conduct in both their
official and private affairs should be above reproach.
Officers and employees owe a duty of loyalty to the political
objectives expressed by the electorate and the programs developed
by the Board to attain those objectives. Appointive officers and employees
should adhere to the rules of work and performance established as
the standards for their positions by the appropriate authority.
Officers and employees should not exceed their authority or
breach the law, or ask others to do so, and owe a duty to cooperate
fully with other public officers and employees unless prohibited from
so doing by law or by the officially recognized confidentiality of
their work.
(a) The
canvassing of members of the Board, directly or indirectly, to obtain
preferential consideration in connection with any appointment to the
municipal service, shall disqualify the candidate for appointment
except with reference to positions filled by appointment by the Board.
(b) Officers
and employees shall not request or permit the use of District-owned
vehicles, equipment, materials, or property for personal convenience
or profit, except when such services are available to the public generally
or are provided for the use of such officer or employee in the conduct
of official business.
(c) Officers
and employees shall not grant special consideration, treatment or
advantage to a customer beyond what is available to every other customer.
Officers and employees shall not solicit or participate in soliciting
an assessment, subscription of contribution to a political party during
working hours on property owned by the District and shall conform
to Government Code Sections 3202 and 3203.
Officers and employees shall not promise appointment to a position
with the District.
An officer or employee having doubt as to the applicability
of this article to a particular situation may apply to the Board for
an advisory opinion by Legal Counsel. This chapter shall be operative
when the application of a statutory provision is discretionary.
A written communication received by an officer or employee shall
be made part of the record of decision. A communication concerning
only the status of a pending matter shall not be regarded as an ex
parte communication.
Officers and employees shall conduct their official and private
affairs so as not to give a reasonable basis for the impression that
they can be improperly influenced in performance of public duties.
Officers and employees should maintain public confidence in their
performance of the public trust in the District. They should not be
a source of embarrassment to the District and should avoid even the
appearance of conflict between their public duties and private interests.
No person shall be appointed to, removed from, or in any way
favored or discriminated against with respect to any appointive administrative
office because of such person's race, color, age, religion, sex, national
origin, political opinions, affiliations, or functional limitation
as defined by applicable State or federal laws, if otherwise qualified
for the position or office. This provision shall not be construed
to impair administrative discretion in determining the requirements
of a position or in a job assignment of a person holding such a position,
subject to review by the Board.
(a) Officers
and employees shall not engage in or accept any private employment,
or render services for private interest, when such employment or service
is incompatible with proper discharge of official duties or would
tend to impair independence or judgment or action in the performance
of those duties.
(b) Officers
and employees shall not disclose confidential information concerning
the property, government, or affairs of the District, and shall not
use confidential information for personal financial gain.
(c) Officers
and employees shall not accept a gift in excess of limits established
by state law. Officers and employees shall not accept any gift contingent
upon a specific action by the Board.
(d) Officers
and employees shall not appear on behalf of business or private interests
of another before the Board where such appearance would create a potential
of having to abstain from officers participating on that matter or
be incompatible with official duties. Officers and employees shall
not represent a private interest of another person or entity in any
action or proceeding against the interest of the District in any litigation
to which the District is a party. A Director may appear before the
District on behalf of constituents in the course of duties as a representative
of the electorate or in the performance of public or civic obligations.
For one year following termination of office holding, former
Directors and the General Manager shall not attempt to influence administrators
or legislative action by the District as an agent or attorney of another
for compensation. This provision does not apply if the former Director
or General Manager is acting as the agent or attorney of another public
agency for compensation. As used herein, administrative action includes,
but is not limited to, quasi-legislation, quasi-judicial decisions,
and decisions to purchase or sell property, but does not include solely
ministerial actions.
In addition to any other penalties or remedies provided by law,
any violation of the provisions of this Chapter shall constitute a
cause for suspension, removal from office or employment or other disciplinary
action after notice and hearing conducted by the appropriate appointed
authority or, in the case of the Board, a majority of such Board.
[Amended by Res. 2506, 1-24-2017; Res. 2575, 5-5-2020; Res. 2625, 7-18-2023]
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 (2 Cal. Code of Regs. 18730), which contains
the terms of a standard conflict of interest 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 into the conflict of interest code of this agency
by references. This regulation and the attached Appendices (or Exhibits)
designating officials and employees and establishing economic disclosure
categories shall constitute the conflict of interest code of this
agency.
All officials and employees required to submit a statement of
economic interests shall file their statements with the agency head;
or his or her designee. The agency shall make and retain a copy of
all statements filed by its Board of Directors and General Manager
and forward the originals of such statements to the Executive Office
of the Board of Supervisors of Los Angeles County.
The agency shall retain the originals of statements for all
other Designated Positions named in the agency’s conflict of
interest code. All retained statements, original or copied, shall
be available for public inspection and reproduction (Gov. Code Section
81008).
[Amended by Res. 2506, 1-24-2017; Res. 2575, 5-5-2020; Res. 2625, 7-18-2023]
The following categories are established for the purpose of
conflicts of interest disclosure:
Category 1. 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 agency.
Persons are not required to disclose a residence, such as a
home or vacation cabin, used exclusively as a personal residence;
however, a residence in which a person rents out a room or for which
a person claims a business deduction may be reportable.
Category 2. Persons in this category shall disclose
all investments and business positions.
Category 3. Persons in this category shall disclose
all income (including gifts, loans, and travel payments) and business
positions.
Category 4. Persons in this category shall disclose
all business positions, investments in, or income (including gifts,
loans, and travel payments) received from business entities that manufacture,
provide or sell service and/or supplies of a type utilized by the
agency and associated with the job assignment of designated positions
assigned this disclosure category.
[Amended by Res. 2506, 1-24-2017; Res. 2575, 5-5-2020; Res. 2625, 7-18-2023]
The following employees are designated to file conflicts of
interest disclosure statements for the disclosure categories specified.
Designated Employees
|
Category
|
---|
Board of Directors
|
1, 2, 3
|
General Manager
|
1, 2, 3
|
District Counsel
|
1, 2, 3
|
Executive Assistant/Clerk of the Board
|
2, 3
|
Treasurer
|
2, 3
|
Director of Facilities and Operations
|
4
|
Director of Finance and Administration
|
4
|
Finance Manager
|
4
|
Purchasing Supervisor
|
4
|
Director of Engineering and External Affairs
|
4
|
Administrative Services Coordinator
|
4
|
Customer Service Manager
|
4
|
Facilities Manager
|
4
|
Human Resources Manager
|
4
|
Information Systems Manager
|
4
|
Principal Engineer
|
4
|
Public Affairs & Communications Manager
|
4
|
Resource Conservation Manager
|
4
|
Water Reclamation Manager
|
4
|
Water Systems Manager
|
4
|
Consultants/New Positions*
|
|
Notes:
|
*Consultants/New Positions are included in the list of designated
positions and shall disclose pursuant to the broadest disclosure category
in the code, subject to the following limitations.
|
(a) The
General Manager or his or her designee may determine in writing that
a particular consultant or new position, 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 disclosure
requirements in this section. Such written determination shall include
a description of the consultant’s or new position’s duties
and, based upon that description, a statement of the extent of disclosure
requirements. The General Manager or his or her designee’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.)
(b) Individuals
who perform under contract the duties of any designated position shall
be required to file a Statement of Economic Interests disclosing reportable
interest in the categories assigned to that designated position.