[1]
Prior legislation: Resos. 95-13 and 00-14 and 2009 CIC §§ A through K.
The Political Reform Act (Gov. Code § 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 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 it may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 Cal. Code of Regs. § 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This incorporation section, Section 18730, and HDWDC § 3.105.120 and § 3.105.130 designating positions and establishing disclosure categories, shall constitute the conflict of interest code of the Hi-Desert Water District (the "district").
All officials and designated positions required to submit a statement of economic interests shall file their statements with the board secretary as the district's filing officer. The board secretary shall retain the originals of all statements filed and make said statements available for public inspection and reproduction during regular business hours. (Gov. Code § 81008.)
(Res. 10-32; Res. 12-20; Res. 14-24; Res. 16-15; Res. 18-16; Res. 20-26; Res. 22-30; Res. 24-18 Exh. A)
A. 
Officials Who Manage Public Investments. District officials who manage public investments, as defined by 2 Cal. Code of Regs. § 18700.3(b), are not subject to the district's code, but must file disclosure statements under Government Code Section 87200 et seq. (2 Cal. Code of Regs. § 18730(b)(3)). These positions are listed here for informational purposes only.
It has been determined that the positions listed below are officials who manage public investments[1]:
1. 
Members of the board of directors;
2. 
General manager;
3. 
Chief financial officer;
4. 
Financial consultants.
Designated Positions Governed by the Conflict of Interest Code
Designated Positions' Title or Function
Disclosure Categories Assigned
Assistant General Manager – Operations
2, 3, 5
Board Secretary and Community Outreach Coordinator
5
Chief Plant Operator
5
Construction Supervisor
2, 3, 5
Customer Service and Billing Manager
5
Director of District Services
2, 3, 5
Director of Public & Governmental Affairs
5
District Services Coordinator
2, 3, 5
General Counsel
1, 2
Human Resources Manager
5
Lead Customer Service Representative
2, 3
Production Foreman
5
Purchasing and Facility Technician
4
Consultants and New Positions1
1 Individuals serving as a consultant as defined in 2 Cal. Code of Regs. § 18700.3(a) or in a new position created since the code was last adopted, which makes or participates in the making of decisions, must file under the broadest disclosure set forth in this chapter subject to the following limitation:
The general manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to designate a limited disclosure requirement. A clear explanation of the duties and a statement of the extent of the disclosure requirements must be in a written document. The general manager's determination is a public record and shall be retained for public inspection in the same manner and location as this chapter.
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Individuals holding one of the above-listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by Cal. Gov. Code § 87200.
(Res. 02-07; Res. 04-08; Res. 08-21; CIC Appx. Exh. A, 2009; Res. 10-32 Appx. Exh. A; Res. 12-20 Appx. Exh. A; Res. 14-24 Appx. Part A; Res. 16-15 Appx. Part A; Res. 18-16 Appx. Part A; Res. 20-26 Appx. Part A; Res. 22-30; Res. 24-18 Exh. A)
A. 
Disclosure Categories. The disclosure categories listed below identify the types of economic investments that the designated position must disclose for each disclosure category to which the designated is assigned.[1] "Investment" means financial interests in any business entity (including a consulting business or other independent contracting business) and are reportable if they are either located in or doing business in the jurisdiction, are planning to do business in the jurisdiction, or have done business during the previous two years in the jurisdiction of the district.
1. 
Category 1. All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that are located in, do business in, or own real property within the jurisdiction of the district.
2. 
Category 2. All interests in real property which is located in whole or in part within, or not more than two miles outside, the jurisdiction of the district, including any leasehold, beneficial or ownership interest or option to acquire property.
3. 
Category 3. All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that are engaged in land development, construction or the acquisition or sale of real property within the jurisdiction of the district.
4. 
Category 4. All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the district.
5. 
Category 5. All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the designated position's department, unit or division.
6. 
Category 6. All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, or income from a nonprofit or other organization, if the source is of the type to receive grants or other monies from or through the district or its subdivisions.
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This chapter does not require the reporting of gifts from outside this agency's jurisdiction if the source does not have some connection with or bearing upon the functions or duties of the position. (2 Cal. Code of Regs. § 18730.1)
(Res. 04-08; Res. 08-21; CIC Appx. Exh. B, 2009; Res. 10-32 Appx. Exh. B; Res. 12-20 Appx. Exh. B; Res. 14-24 Appx. Part B; Res. 16-15 Appx. Part B; Res. 18-16 Appx. Part B; Res. 20-26 Appx. Part B; Res. 22-30; Res. 24-18 Exh. A)