STATE WATER RESOURCES CONTROL BOARD MEETING

SACRAMENTO, CALIFORNIA

SEPTEMBER 18, 1997

ITEM: 1A

SUBJECT: CONSIDERATION OF ADOPTION OF THE REVISED APPENDIX TO THE CONFLICT OF INTEREST CODE

DISCUSSION: Government Code section 87306 requires all government agencies to review their Conflict of Interest Code every two years and to update the Code if necessary.

The SWRCB's Conflict of Interest Code, which also covers the nine RWQCBs, was last amended in 1995. The Office of Chief Counsel reviewed the Code and determined that the Appendix to the Code needed to be revised because new positions were created and other positions had been upgraded in rank or renamed. The Appendix contains the designated positions list and the list of the types of economic interest which must be disclosed by each designated position (disclosure categories).

A notice of proposed amendments to the Conflict of Interest Code Appendix was published and copies of the draft amendments were sent to affected staff. Copies of the proposed amendments were sent to all SWRCB Division Chiefs and RWQCB Executive Officers and they were asked to comment on the proposed changes.

The 60-day public comment period ended July 21, 1997. Only a few comments were received and the draft amendments were changed to respond to all the comments. Additionally, Fair Political Practice Commission (FPPC) staff suggested simplifying the disclosure category definitions to avoid redundancy. The draft was changed in accordance with the FPPC comment.

POLICY ISSUES: Should the SWRCB approve the amendments to the Appendix to the Conflict of Interest Code?

FISCAL IMPACT: There will be no fiscal impact.

REGIONAL BOARD IMPACT: Yes. All nine RWQCBs.

STAFF RECOMMENDATION: Adopt the proposed Resolution approving the amendments and authorizing the Executive Director to transmit them to the FPPC.


DRAFT

STATE WATER RESOURCES CONTROL BOARD

RESOLUTION NO. 97-

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 SWRCB's Conflict of Interest Code was last revised in 1995. Because new positions were created and some positions were eliminated or renamed, the Appendix to the Code, which contains the SWRCB's list of designated positions and corresponding disclosure categories for the SWRCB and RWQCBs, 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 18, 1997.

_______________________________

Maureen Marché

Administrative Assistant to the Board


DRAFT

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 (Cal. Code Regs., tit. 2, § 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 of Disclosure and Designated Positions Categories and the changes are not available electronically.

For a copy of attachment contact: Jennifer Soloway at (916) 657-0433.