BOARD AGENDA MEMORANDUM
SUBJECT:
Title
Resolution Amending the Conflict of Interest Code for the Santa Clara Valley Water District to include the Newly-Created Position of Administrative Services Manager - Watershed Business Planning and Analysis Manager Including the Appendices Wherein the Positions Required to File Statements of Economic Interest Are Designated.
End
RECOMMENDATION:
Recommendation
Adopt the Resolution AMENDING THE CONFLICT OF INTEREST CODE FOR THE SANTA CLARA VALLEY WATER DISTRICT TO INCLUDE THE NEWLY-CREATED POSITION OF ADMINISTRATIVE SERVICES MANAGER - WATERSHED BUSINESS PLANNING AND ANALYSIS MANAGER INCLUDING THE APPENDICES WHEREIN THE POSITIONS REQUIRED TO FILE STATEMENTS OF ECONOMIC INTEREST ARE DESIGNATED.
Body
SUMMARY:
Under the law, if an agency creates a new position title which makes or participates in making decisions that may foreseeably have a material effect on any financial interest, any individual placed in that position must file a Form 700. Further, the agency is required to update its Exhibit A of the Conflict of Interest Code (Code) to reflect the newly-created position title and the position’s disclosure requirement, pursuant to the requirements of California Government Code (§87306).
In December, 2018 the Santa Clara Valley Water District (“Valley Water”) developed a job description for Administrative Services Manager - Watershed Business Planning and Analysis Manager. Jessica Collins currently holds this position.
As required, this new position has been added as an out-of-code position to Valley Water’s Code at the highest level of disclosure (Category 1), pending approval. Upon approval, it is recommended that the Administrative Services Manager - Watershed Business Planning and Analysis Manager remain at a Category 1 disclosure level, consistent with similar management level classifications at Valley Water.
This Board agenda item allows the Board to review the proposed revisions to the Code and adopt a Resolution amending the Code of the District (Attachment 1) to include these newly created positions under Category 1 disclosure, per the requirements of California Government Code §87306.
Pursuant to Government Code §87306, “No conflict of interest code shall be effective until it has been approved by the code-reviewing body.” The County of Santa Clara Board of Supervisors is the code-reviewing body for County agencies and for any other local agency whose authority is solely within the County. The Office of the County Counsel is responsible for reviewing revised codes prior to forwarding them to the Board of Supervisors for approval. Valley Water’s code is not legally effective until the Board of Supervisors has approved it.
The attached red-lined code represents the current code with revision to include the newly created position described herein.
Next steps:
After the Board adopts the Resolution, Ethics and Equal Opportunity Programs staff will submit the amended Conflict of Interest Code to the Office of County Counsel for final approval by the County Board of Supervisors.
FINANCIAL IMPACT:
There is no financial impact associated with this item.
CEQA:
The recommended action is a ministerial action and thus is not subject to the requirements of CEQA.
ATTACHMENTS:
Attachment 1: Resolution
Attachment 2: Conflict of Interest Code, Red-lined Version
Attachment 3: Conflict of Interest Code, Proposed Final Version
Attachment 4: California Form 804, Report of New Positions
UNCLASSIFIED MANAGER:
Manager
Anna Noriega, 408-630-3089