STATE WATER RESOURCES
CONTROL BOARD
RESOLUTION NO. 99 – 082
ADOPTION OF REVISED
APPENDIX TO CONFLICT OF INTEREST CODE
WHEREAS:
1.The Political
Reform Act, Government Code Sections 81000 and following, requires all state
agencies to adopt a Conflict of Interest Code, containing a list of designated
positions within the Agency and, for each position, a list of the types of
economic interests which must be reported.
2.Government Code
Section 87306 requires every state agency to review its Conflict of Interest
Code every two years and revise it if necessary.
3.The State Board's Conflict of
Interest Code was last revised in 1997.Because new positions were created and
some positions were eliminated or renamed, the Appendix to the Code, which
contains the State Board’s list of designated positions and corresponding
disclosure categories for the State and Regional Boards, must be updated.
4.A revised Appendix was, therefore,
prepared and circulated for a 60-day public comment period.
5.The revised
Appendix was amended in response to the comments received.
THEREFORE BE IT
RESOLVED THAT:
The revised
Appendix is adopted, and the Executive Director is authorized to transmit it,
with the required declaration, to the Fair Political Practices Commission for
approval.
CERTIFICATION
The undersigned,
Administrative Assistant to the Board, does hereby certify that the foregoing
is a full, true, and correct copy of a resolution duly and regularly adopted at
a meeting of the State Water Resources Control Board held on September 16,
1999.
/s/ Maureen
Marché, Administrative
Assistant to the Board
CONFLICT OF INTEREST CODE FOR THE
STATE WATER RESOURCES CONTROL BOARD
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. Sec. 18730) 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 Title 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
State Water Resources Control Board.
Designated
employees shall file statements of economic interests with the State Water
Resources Control Board (SWRCB) who will make the statements available for
public inspection and reproduction.(Gov. Code § 81008.)Upon receipt of the
statements of the State Board Executive Director and the State Board Members,
the SWRCB shall make and retain a copy and forward the original of these
statements to the Fair Political Practices Commission.Statements for all other
designated employees shall be retained by the SWRCB.
CONFLICT OF INTEREST
CODE
FOR THE
STATE WATER RESOURCES CONTROL BOARD
APPENDIX
Disclosure
Designated
Positions Categories
I. STATE
WATER RESOURCES CONTROL BOARD
A.Executive
1.State
Board Members 1
2.Executive
Director 1
3.Deputy
Director 1
4.Chief,
Office of Statewide Consistency 1
5.Chief,
Evaluation and Consistency Unit 1
6.Economists,
Office of Statewide
Consistency 1
7.
Chief, Policy Development 1
8.
Chief, Compliance Assurance & Enforcement Unit 1
9.Supervisors (including Chief and
Assistant Chief)
Office of Information Technology 8
B.Division
of Water Quality
1.Division
Chief 1
2.All Branch Chiefs 1
2.Assistant
Division Chief 1
3.All
Section Supervisors 1
4.Watershed
Management Initiative Coordinator 1
C. Division of Administrative
Services
1.Division
Chief 2,8
2.Assistant
Division Chief 2,8
3.Chief,
Business Management and Support Branch 2
4.Professional
Staff, Contracts, Business
Management
and Special Projects Sections 2
5.Supervisors (including Chief) , Information Services Branch 8
6.Professional
Staff, Telecommunications Section 2,8
7.Filing
Officer (defined in Government Code
Section
82027) 9
D. Division of Water Rights
1.Division
Chief 1
2.Chief, Special Programs
Applications and Permitting 1
3.Chief, Administration of Water Rights Licensing and Enforcement 1
4.Chief,
Application andPetition Section 3,4
5.
Chief,Licensing and Hearing Section 3
6.
Chief, Environmental Section 3
7.
Chief, Bay-Delta Section/Complaint Section Compliance Section 1
E. Division of Clean Water
Programs
1.Division
Chief 1
2.Principal Engineer
Assistant Division Chief, Loans & Grants Branch 5,6,7
3. Supervisor,
Facilities Planning and Design
Section 5,6
4.Supervisor, Grants Reimbursement Section
Administration and Operator Certification Section 5, 7
5.Supervisor,
Office of Water Reclamation
and
Operations Section 5,7
6.Principal Engineer
Assistant Division Chief , Regulatory Programs Branch 1
7.Supervisor,
Underground Storage Tank/Program Support Section1
8.Supervisor,
Land Disposal Section 1
9.Supervisor,
Underground Tank Cleanup
Fund
Section 1
F. Office of the Chief
Counsel
1.Chief
Counsel 1
2.All
Attorneys 1
G. Office of Legislative and
Public Affairs
1.Chief 1
2.Chief,Public
Affairs Office 1
II. REGIONAL
WATER QUALITY CONTROL BOARDS
A. All Regional Board Members 1
B. Region 1
1.Executive
Officer 1
2.Assistant
Executive Officer 1
3.Northern
District Supervisor 1
4.Southern
District Supervisor 1
5.Non-Point
Source Section Supervisor 1
6.Surveillance
and Monitoring and Planning
Supervisor 1
7.Site
Mitigation Supervisor 1
8.Underground
Tanks Supervisor 1
9.Supervising Water Resources Control Engineer
9.Associate Governmental Program
Analyst 2
C. Region 2
1.Executive
Officer 1
2.Assistant
Executive Officer 1
3.All
Division Chiefs 1
4.All
Section Leaders 1
5.Senior
Specialist Groundwater Remediation 1
6.Senior
Specialist Rural Water Quality 1
7.Senior Specialist Watershed Management Coordinator 1
8.Senior
Specialist Monitoring and Assessment 1
59.Regional
Administrative Officer 2
D.Region
3
1.Executive
Officer 1
2.Assistant
Executive Officer 1
3.All
Unit Supervisors 1
4.Regional
Administrative Officer 2
E. Region 4
1.Executive
Officer 1
2.Assistant
Executive Officers 1
3.All
Section Chiefs 1
4.Chief, Santa Monica Bay Project 1
54.All
Unit Chiefs 1
65.Regional
Administrative Officer 2
76.Staff
Services Analysts (Business
Services) 2
F.Region
5
1.Executive
Officer 1
2.Assistant
Executive Officer 1
3.Principal
Engineer, Fresno Office 1
4.Supervisor,
Redding Office 1
5.All
Section Supervisors 1
6.All
Unit Seniors 1
7.All
Non-supervising Seniors 1
8.Regional
Administrative Officer 2
9.Staff
Services Analyst 2
G. Region 6
1.Executive
Officer 1
2.Assistant
Executive Officer 1
3.Supervisor,
Victorville Office 1
4.All
Section Chiefs 1
5.All
Lead Associate Water Resources Control
Engineers 1
6.Regional
Administrative Officer 2
H. Region 7
1.Executive
Officer 1
2.Assistant
Executive Officer 1
3.All
Section Chiefs 1
4.Special
Projects Senior 1
5. Sanitary Engineering Associate, SLIC Program Manager1
65.
Associate Governmental Program Analyst 2
I. Region 8
1.Executive
Officer 1
2.Assistant
Executive Officer 1
3.Environmental
Program Manager 1
4.All
Section Chiefs 1
5.Regional
Administrative Officer 2
J.Region
9
1.Executive
Officer 1
2.Assistant
Executive Officer 1
3.All
Unit Chiefs 1
4.Chief,Special
Assignments
and Emergency Response 1
5.Chief,
San Diego Bay Cleanup Project Unit 1
6.Senior Engineer and Ombudsman
6.Staff
Services Analyst, Administrative Services 2
K.Consultant* 1
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
executive director or executive officer 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 described 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 executive director's or executive officer'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.
DISCLOSURE
CATEGORIES
Disclosure
categories applied to members, officers and employees of Regional Water Quality
Control Boards refer to the jurisdiction of the applicable Regional Water
Quality Control Board as set forth in Water Code Section 13200 and
13260(a).Disclosure categories applied to members, officers and employees of
the State Water Resources Control Board refer to the jurisdiction of the State
Water Resources Control Board which is the entire State of
California.Notwithstanding this limitation of disclosure categories, disclosure
of a financial interest outside the jurisdiction of the applicable State or
Regional Water Board (for example, the identity of the donor of certain gifts)
may be required by statute or regulation.
Category
1
(a) All investments
and business positions in business entities , interest in real property and
sources of income.
Category
2
(a) Any source of
income and any investment and business positions in a business entity, which
source of income or business entity is of a type which contracts with the State
Board or a Regional Board to provide services, supplies, materials, machinery
or equipment.
(c) All interests in
real property.
Category
3
(a) Any source of
income and any investment and business positions in a business entity which
source of income or business entity holds a water right entitlement from the
State Board as well as any source of income and any investment in a business
entity which is an applicant for a water right entitlement from the State Board.
(b) Any interest in
real property for which the application for a water right entitlement has been
made or for which a water right entitlement has been obtained.
Category
4
(a) Any source of
income and any investment and business positions in a business entity which
source of income or business entity is a party to a court reference proceeding
or is a claimant of a right in a statutory adjudication proceeding.
(b) Any interest in
real property with respect to which water rights are being adjudicated in a
court reference proceeding or in a statutory adjudication proceeding.
Category
5
(a) Any source of
income and any investment and business positions in a business entity, which
source of income or business entity engages in the design or construction of
municipal wastewater treatment facilities or manufactures equipment for use in
municipal wastewater treatment facilities.
Category
6
(a) Any source of and
any investment and business positions in a business entity which source of
income or business entity provides research, planning or environmental impact
reporting services related to water supply or water quality.
Category
7
(a) Any source of
income and any investments and business positionsin a business entity which
source of income or business entity engages in the provision of training
courses which may serve as experience equivalents in accordance with Section
2481(d) and (e) of the State Board's regulations (Title 23, California Code of
Regulations), regarding operator training and certification.
(b) Any source of
income from any holder of, or applicant for, a wastewater treatment plant
operator certificate pursuant to Chapter 14 of the State Board's regulations
(Title 23, California Code of Regulations).
Category
8
(a) Any source of
income and any investment and business positions in a business entity, which
source of income or business entity is of a type which contracts with the State
Board or a Regional Board to provide computer related services, supplies,
materials, machinery or equipment.
Category
9
(a) Any source of
income from any person who is a State or Regional Water Board member, officer
or employee who holds a position on the Designated Positions list of this
Conflict of Interest Code.
NOTE:Authority
Cited:Sections 87300, 87304, Government Code.
Reference:Sections
87300, et seq., Government Code.
*
* * * * * *
Given
the limited and particular application of these regulations, it has been
determined that these regulations shall not be set forth in full in the California
Administrative CodeCalifornia Code of
Regulations, but that appropriate reference be made therein
pursuant to Government Code section 11344.
These
regulations are available to the public for review or purchase at cost at the
following locations:
State
Water Resources Control Board
Personnel
Officer
901
P Street
P.O.
Box 100
Sacramento,
California95812-0100
Fair
Political Practices Commission
428
J Street, Suite 800
P.O.
Box 807
Sacramento,
California95804
Archives
Secretary
of State
1020
O Street
Sacramento,
California95814
