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HomeMy WebLinkAbout10. Adopt Resolution No. 2024-040 approving biennial updates to the District's Conflict of Interest Code and directing Secretary of the District to submit the updated 2024 code to the Contra Costa County Board of Supervisors for approval�,�50��ENTRAL MEETING DATE: NOVEMBER 21, 2024 BOARD OF DIRECTORS POSITION PAPER Page 1 of 20 Item 10. SUBJECT: ADOPT RESOLUTION NO. 2024-040 APPROVING BIENNIAL UPDATES TO THE DISTRICT'S CONFLICT OF INTEREST CODE AND DIRECTING THE SECRETARY OF THE DISTRICT TO SUBMIT THE UPDATED 2024 CONFLICT OF INTEREST CODE TO THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS FOR APPROVAL SUBMITTED BY: KATIE YOUNG, SECRETARY OF THE DISTRICT Roger S. Bailey Leah Castella General Manager District Counsel INITIATING DEPARTMENT: SECRETARYOF THE DISTRICT ISSUE The Government Code requires the District to review and update its local Conflict of Interest Code every two years. As part of this year's review process, District staff identified the need for a complete review and update of the Code for clarity and consistency with the Political Practices Commission ("FPPC") practices. BACKGROUND The Political Reform Act requires some public officials to file a Statement of Economic Interests (otherwise known as a Form 700), disclosing financial interests like investments in business entities, interests in real property, and sources of income or gifts. (Gov. Code § 87200.) Officials and employees not specified in the Political Reform Act must disclose those interests set forth in their agencies' local Conflict of Interest ("COI") codes. (Gov. Code § 87302(b).) In other words, the Political Reform Act governs disclosure requirements for certain public agency officials, and the local COI Code requires other employees, not covered by State law, to disclose specific financial interests based on their duties. November 21, 2024 Regular Board Meeting Agenda Packet - Page 55 of 164 Page 2 of 20 The principles governing disclosure of economic interests are the same for all agencies. However, each agency's code is a unique document that must be tailored to the reporting requirements applicable to the type of decisions each designated employee makes on behalf of the agency. Each COI Code must contain the following: (1) the provisions for disclosing financial interests and the disqualification procedures; (2) designated positions that make or participate in making decisions that are subject to the disclosure and disqualification requirements of the COI Code; and (3) disclosure categories that list the types of assets and income to be disclosed by those individuals holding the designated positions. The FPPC recommends public agencies adopt Regulation 18730 by reference to satisfy the requirements of Element 1. Regulation 18730 sets forth provisions regarding disclosure of financial interests, when Form 700s are due, and disqualification. The COI Code's appendix makes it specific to that local agency. Generally, the appendix is split into two parts. The first identifies the Designated Employees, whose duties "involve the making or participation in the making of decisions which may foreseeably have a material effect on any financial interest." (Gov. Code § 87302(a).) A financial interest is an interest in an investment, business position, interest in real property, and sources of income and is reportable when the interest "may foreseeably be affected materially by any decision made or participated in by the designated employee by virtue of the designated employee's position." (Id.) The second part of the appendix provides disclosure categories, i.e., an explanation of which financial interests each Designated Employee must disclose. Required disclosures depend on the duties and responsibilities of the position. For example, the general manager should most likely be assigned full disclosure (all investments, interests in real property, sources of income, and business positions) because the general manager makes decisions that would affect a wide range of interests. Alternatively, an administrative assistant whose decision-making is limited to the purchase of office supplies should only be assigned disclosure of investments, sources of income, and business positions in entities that provide office supplies, equipment, or merchandise of the type used by the local agency. The proposed amendments (Attachment 1) to the District's COI Code restructure the Code to more clearly incorporate Regulation 18730, followed by Part 1 of the Appendix setting forth the Designated Employees, then Part 2 of the Appendix providing for the Disclosure Categories. The amended COI Code also removes various provisions that are not necessary in local COI Codes, such as references to officials whose financial disclosures are governed by the Political Reform Act, which are outside the scope of a local agency's code. Moreover, to streamline the system, the proposed amended Code requires all filers to submit Form 700s with the County, through its NetFile system. The amended Code maintains the existing Code's organization of disclosure categories to group disclosure groups by the type of decision being made, but clarifies Categories 1, 2, 3, and 4 to require disclosure of only those interests which can reasonably be affected by District actions. Category 1 - the broadest disclosure category, is reserved for high-level decisionmakers such as the general manager, department heads, and other employees who make or participate in making broad purchasing or policy choices for Central San. The proposed COI Code specifies that a business entity is "located or doing business in the jurisdiction of District" if the entity does business or plans to do business within the boundaries of the District, or if the entity owned or leased facilities within the District, or has done business within the District, in the past two years. The amendments provide further clarity that only interests in real property located within the boundaries or within two miles of the boundaries of the District or land owned by the District must be disclosed. These two November 21, 2024 Regular Board Meeting Agenda Packet - Page 56 of 164 Page 3 of 20 qualifications for disclosure provide more tailored disclosure requirements to require disclosure of only those interests that could be reasonably affected by a District decision. Category 2 - relating to employees or official who participate in contracting or purchasing, includes employees who have Procurement Cards ("P -Cards") and can make purchases or enter contracts using District funds. This category requires disclosure of investments, positions in business entities, and income from sources that provide goods or services to the District and might include anyone from an administrative assistant who purchases office supplies to the District's Contracts and Procurement Administrator. Staff has reviewed the current purchasing practices in the District and has determined that employees who make purchases on behalf of the District amounting to $1,500/month or $18,000/year could reasonably have financial conflicts, and therefore, should be require to make certain financial disclosures. Category 3 - applies to officials and employees whose decisions may affect real property interests. Similar to our revisions to Category 1, we clarified that only those real properties within the District, within two miles of the District, or within two miles of land owned or used by the District must be reported. • Category 4 - applies to designated employees with regulatory powers. I n other words, employees who make decisions relating to permitting and licensing on behalf of the District must disclose all investments, business positions, and income from sources that are subject to the District's regulatory authority or that have an application for a license or permit pending with the District. ALTERNATIVES/CONSIDERATIONS The FPPC provides clear language regarding criterion that constitutes a conflict of interest, appropriate behavior of elected officials and staff and disclosure requirements. The updated policy reflects these requirements. The Board may consider alternative reporting requirements for Procurement Card holders, with the caveat that reporting requirements for individuals with purchasing power for the District may have significant conflicts of interest arising from District activity, so some level of disclosure is recommended. FINANCIAL IMPACTS None related to this action. COMMITTEE RECOMMENDATION This matter was reviewed at the November 5, 2024 Administration Committee meeting and recommended Board approval. RECOMMENDED BOARD ACTION Adopt a proposed resolution approving the recommended changes to the District's Conflict of Interest Code and directing the Secretary of the District to complete the 2024 Conflict of Interest Code Biennial Notice and submit it to the Contra Costa County Board of Supervisors for approval. Strategic Plan Tie -In GOAL FOUR: Governance and Fiscal Responsibility Strategy 1 - Promote and uphold ethical behavior, openness, and accessibility GOAL SEVEN: Innovation and Agility Strategy 3 - Be adaptable, resilient, and responsive November 21, 2024 Regular Board Meeting Agenda Packet - Page 57 of 164 Page 4 of 20 ATTACHMENTS: 1. Strikeout version of Conflict -of -I nterest Code Update 2. Clean version of Conflict -of -I nterest Code 3. Resolution November 21, 2024 Regular Board Meeting Agenda Packet - Page 58 of 164 CONFLICT OF INTEREST CODE Adopted: November 15, 2012 Last Revised: September 9, 2023 Page 5 of 20 Attachment 1 CENTRAL CONTRA COSTA SANITARY DISTRICT CONFLICT OF INTEREST CODE A lnGorporatmon of FPPC Reaulatmon by Referonr The Fair Political Practices Commission has adopted a reaulation Cal.Code Reqs. � 18730) which contains the terms of a standard conflict of interest code which can be incorporated by reference in the 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 California Code of Regulations Section 18730 and any future amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. Such regulation, and the attached Appendix designating officials and employees and establishing disclosure categories, shall constitute the conflict-of-interest code of the Central Contra Costa Sanitary District. The designated officials and employees shall file statements of economic interests with the County Clerk through its electronic NetFile system. The Secretary of the District shall the statements available for public inspection and reproduction. (Gov't Code � 81008.) The original statements of the members of the Board of Directors, General Manager, Secretary, General Counsel, Deputy General Managers, Director of Engineering and Technical Services, Finance Manager and Directors shall be forwarded to the Clerk of the Board of Supervisors for Contra Costa County. Copies of the statements for all designated officials and employees will be retained by the Central Contra Costa Sanitary District. In addition to any other requirements of 2 California Code of Regulations Section 18730 and any amendments thereto, a candidate for the Board of Directors of Central Contra Costa Sanitary District shall file, no later than the final filing date of a declaration of candidacy, a statement of economic interests, pursuant to Government Code section 87200 et seq. Tri l -e- the Galif^rnio Cede of Regulations and any amendments t^ that regulation subsequently adopted by the Coir D^liti^ol Dro^tin^c Gernmissi^n (CDDG) are hereby inn^rn^rated in this GE)Rflint ^f IRte restGORflint_nf_Interest Cede by rr^f^�e. U-1*116111111 MIAMI November 21, 2024 Regular Board Meeting Agenda Packet - Page 59 of 164 APPENDIX Disclosure Categories Part I: Desi Hated Em to ees Page 6 of 20 Central Contra Costa Sanitary District Conflict of Interest Code — Page 2 of 7 0921 23 November 21, 2024 Regular Board Meeting Agenda Packet - Page 60 of 164 Designated Pos+ kmsEm to ees Category 1 1. General Manager General Counsel Deputy General Manager — Administration Deputy General Manager — Operations Finance Manager Capital Projects Division Manager 1 2. Members of the Board of Directors 2L.3. Collection System Operations Division Manager 1 3-.4. Communication Services and Government Relations Manager 1 4.5. Environmental and Regulatory Compliance Division Manager 1 &6. Human Resources & Organizational Development Manager 1 6:7. Information Technology Manager 1 7-.8. Internal Auditor/Diversity, E uit& Inclusion Officer 1 8-9. Operations Optimization Manager 1 X10. Planning and Development Services Division Manager 1 44.11. Plant Maintenance Division Manager 1 44 12. Plant Operations Division Manager 1 42,13. Resource Recovery Program Manager 1 1 4-3-.14. Consultant* (refer to SeGtOE)R 1 below) 4415. Employees or consultants hired as financial advisor or underwriter 1 4-5 16. Employees on the Deferred Compensation Advisory Committee 1 16. 17. -Accounting Supervisor Associate Engineer 1 1 18. Construction Inspector 2,4 44.19 Contracts and Procurement Administrator 2 November 21, 2024 Regular Board Meeting Agenda Packet - Page 60 of 164 Page 7 of 20 Central Contra Costa Sanitary District Conflict of Interest Code — Page 3 of 7 0921 23 November 21, 2024 Regular Board Meeting Agenda Packet - Page 61 of 164 Designated f^sEm to ees Category 4$20 Contracts and Procurement Specialist 1/11 2 20:21 Contracts Specialist 2 2422 Development Services Supervisor 2,3 22:23 Environmental Compliance Inspector 1/11 2,4 2824 Environmental Compliance Program Administrator 2, 4 24.25 Laboratory Program Administrator 2, 4 2826 Land Surveyor 2,3 26:27 Maintenance Planner 2 228 Maintenance Supervisor 2 2829 Material Services Supervisor 2 230 Materials Specialist 2 3831 Real Property Agent 2,3 3432 Risk Management Program Administrator 1 32,33 Senior Engineer 1 33 34 Senior Environmental Compliance Inspector 2,4 34.35 Superintendent, Operations/Maintenance 2 336 Utility Systems Engineer 1 37. EHS Program Administrator 38. Household Hazardous Waste Pro ram Administrator 39. Asset Mana ement Program Administrator _ 40. Employees or consultants hired as financial or advisory underwriter 1 41. Employees on the Deferred Compensation Advisory Committee 1 42. Utility Worker 2 43. Graph cs Designer 2 44. Vehicle E ui ment 2 45. Senior HHW Tech 2 46. Electrical Technician 2 47. Instrumentation Tech 2 48. Executive Assistant to the GM 2 49. Admin Services Supervisor 2 50. Admin Services Assistant 2 51. Maintenance Technician 2 52. Lead Maintenance Technician 2 53. Deputy Secretary of the District 2 54. Admin Assistant 2 55. EHS Specialist 2 56. Sr. Community Affairs Rep 2 57. Chemist I, 11, 111 2 58. Supervising Chemist 2 59. Community Affairs Re 2 60. Project Manager/Business Analyst 2 November 21, 2024 Regular Board Meeting Agenda Packet - Page 61 of 164 Page 8 of 20 Central Contra Costa Sanitary District Conflict of Interest Code — Page 4 of 7 092123 _7 Designated Pas4kmsEmploYees Category 61. Electrical/Instrumentation Su ervisor 2 62. Machinist 2 63. Pump Stations Operators I II III 2 *Consultants Only those Consultants who fall within the criteria described below shall disclose pursuant to the broadest disclosure category in the District's Conflict of Interest Code, unless the General Manager determines, in writing, -that a less broad category is appropriate. For purposes of the District's Conflict of Interest Code, "Consultant" means an individual who, pursuant to a contract with the District: Makes a governmental decision whether to: a. Approve a rate, rule, or regulation; b. Adopt or enforce a law; C. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; d. Authorize the agency to enter into, modify, or renew a contract provided it is the type of contract that requires agency approval; e. Grant agency approval to a contract that requires agency approval and to which the agency is a party, or to the specifications for such a contract; f. Grant agency approval to a plan, design, report, study, or similar item; g. Adopt, or grant agency approval of, policies, standards, or guidelines for the agency, or for any subdivision thereof; or 2. Serves in a staff capacity with the agency and in that capacity participates in making governmental decisions as defined in FPPC Regulation 2 CCR 18700, et seq. or performs the same or substantially all the same duties for the agency that would otherwise be performed by an individual holding a designated position specified ,R the SeGtieRs G and u above. The General Manager shall make a determination in writing when a particular Consultant falls within the above-described criteria requiring the Consultant to be treated as a "designated position." The General Manager's determination is a public record and shall be retained for public inspection in the same manner and location as the Genf'mGt of interes Conflict -of -Interest Code. Part II: Disclosure Categories H-1*1161111N MIAMI November 21, 2024 Regular Board Meeting Agenda Packet - Page 62 of 164 Page 9 of 20 Central Contra Costa Sanitary District Conflict of Interest Code — Page 5 of 7 092123 _7 These Ondoy0dals listed in SeGtiensH and -4 -Designated Employees are e , required to file a statement of economic interests erg 700 as their job duties fall under one, or more, of the following categories: • Category 1 — Offinials and empleyees Board Members and any Designated Employees whose duties are broad and indefinable: All investments and business positions in business entities, and income (including loans, gifts and travel payments) from sources located in or doing business in the District's jurisdiction. A business entity is "located or doing business in the jurisdiction of District" if the business entity is doing business or plans to do business within the boundaries of the District, or if the business entity owned or leased any facilities within the boundaries of the District, or has done business within the boundaries of the District, at any time during the two years prior to the time that the disclosure statement of the designated office/employee is filed. Interests in real orooerty located in the iurisdiction. includina oroaert located in part or in while within the boundaries of the District, within two miles thereof, or within two miles of land owned or used by the District. interests on real property IGGated on the jurisdiGtien, OnGludiRg property w*thin tWE) miles of the be Rdaries of the D*Strinfec iurisdin+iGR • Category 2 — nffi^ials and ernpleyees Designated Employees whose duties involve contracting or purchasing equal to or exceeding $1,500 per month or $18,000 per year for the District: All investments and business positions in business entities, and income (including gifts, loans and travel payments) from sources that provide leased facilities, goods, equipment, vehicles, machinery or services, including training or consulting services, of the type utilized by this District. • Category 3 — Offinials and emnleyeem Designated Employees whose decisions may affect real property interests: Interests in real property located in the jurisdiction, including property located in part or in while within the boundaries of the District, within two miles thereof, or within two miles of land owned or used by the District. of fho he, lndaries ref the DiSfrinf • Category 4 — Offinials and emnleyee Designated Employees with regulatory powers: All investments and business positions and income, including gifts, loans and travel payments, from sources that are subject to the regulatory, H-1*1161111N MIAMI November 21, 2024 Regular Board Meeting Agenda Packet - Page 63 of 164 Page 10 of 20 Central Contra Costa Sanitary District Conflict of Interest Code — Page 6 of 7 092123 _7 permit or licensing authority of, or have an application for a license or permit pending before, the District. U-1-1-1161§1115 MIAMI November 21, 2024 Regular Board Meeting Agenda Packet - Page 64 of 164 Page 11 of 20 Central Contra Costa Sanitary District Conflict of Interest Code — Page 7 of 7 092123 _7 • �� ■■ I LL I.FitP& r A milli 1l A 2- r ■ 11 1 ■ 1 I � r ■ r • M- L Cf:1.1-I SS[Ib[:�!I11R November 21, 2024 Regular Board Meeting Agenda Packet - Page 65 of 164 CONFLICT OF INTEREST CODE Adopted: Last Revised: Page 12 of 20 Attachment 2 CENTRAL CONTRA COSTA SANITARY DISTRICT CONFLICT OF INTEREST CODE The Fair Political Practices Commission has adopted a regulation (2 Cal.Code Regs. § 18730) which contains the terms of a standard conflict of interest code which can be incorporated by reference in the 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 California Code of Regulations Section 18730 and any future amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. Such regulation, and the attached Appendix designating officials and employees and establishing disclosure categories, shall constitute the conflict-of-interest code of the Central Contra Costa Sanitary District. The designated officials and employees shall file statements of economic interests with the County Clerk through its electronic NetFile system. The Secretary of the District shall make the statements available for public inspection and reproduction. (Gov't Code § 81008.) The original statements of the members of the Board of Directors, General Manager, Secretary, General Counsel, Deputy General Managers, Director of Engineering and Technical Services, Finance Manager and Directors shall be forwarded to the Clerk of the Board of Supervisors for Contra Costa County. Copies of the statements for all designated officials and employees will be retained by the Central Contra Costa Sanitary District. In addition to any other requirements of 2 California Code of Regulations Section 18730 and any amendments thereto, a candidate for the Board of Directors of Central Contra Costa Sanitary District shall file, no later than the final filing date of a declaration of candidacy, a statement of economic interests, pursuant to Government Code section 87200 et seq. a10ca11IM101i1DIM November 21, 2024 Regular Board Meeting Agenda Packet - Page 66 of 164 APPENDIX Part I: Designated Employees Page 13 of 20 Central Contra Costa Sanitary District Conflict of Interest Code — Page 2 of 7 Designated Employee Disclosure Category Accounting Supervisor 1 Administrative Assistant 2 Administrative Services Assistant 2 Administrative Services Supervisor 2 Asset Management Program Administrator 1 Associate Engineer 1 Board of Directors Members 1 Capital Projects Division Manager 1 Chemist I, 11, III 2 Collection System Operations Division Manager 1 Communication Services and Government Relations Manager 1 Community Affairs Representative 2 Construction Inspector 2,4 Consultants* 1 Contracts and Procurement Administrator 2 Contracts and Procurement Specialist 1/11 2 Contracts Specialist 2 November 21, 2024 Regular Board Meeting Agenda Packet - Page 67 of 164 Page 14 of 20 Central Contra Costa Sanitary District Conflict of Interest Code — Page 3 of 7 Deputy General Manager — Administration 1 Deputy General Manager — Operations 1 Deputy Secretary of the District 1 Development Services Supervisor 2,3 EHS Program Administrator 1 EHS Specialist 2 Electrical Technician 2 Electrical/Instrumentation Supervisor 2 Employees on the Deferred Compensation Advisory Committee 1 Employees or consultants hired as financial advisory or underwriter 1 Environmental and Regulatory Compliance Division Manager 1 Environmental Compliance Inspector 1/11 2,4 Environmental Compliance Program Administrator 2, 4 Executive Assistant to the GM 2 Finance Manager 1 General Counsel 1 General Manager 1 Graphics Designer 2 Household Hazardous Waste Program Administrator 1 Human Resources & Organizational Development 1 EF10ca11IM101i1DIM November 21, 2024 Regular Board Meeting Agenda Packet - Page 68 of 164 Page 15 of 20 Central Contra Costa Sanitary District Conflict of Interest Code — Page 4 of 7 Manager Information Technology Manager 1 Instrumentation Technician 2 Internal Auditor/Diversity, Equity & Inclusion Officer 1 Laboratory Program Administrator 2, 4 Land Surveyor 2,3 Lead Maintenance Technician 2 Machinist 2 Maintenance Planner 2 Maintenance Supervisor 2 Maintenance Technician 2 Material Services Supervisor 2 Materials Specialist 2 Operations Optimization Manager 1 Planning and Development Services Division Manager 1 Plant Maintenance Division Manager 1 Plant Operations Division Manager 1 Project Manager/Business Analyst 2 Pump Stations Operators, I, II, III 2 Real Property Agent 2,3 Resource Recovery Program Manager 1 Risk Management Program Administrator 1 Secretary of the District 1 EF-110911HIM101i1DIM November 21, 2024 Regular Board Meeting Agenda Packet - Page 69 of 164 Page 16 of 20 Central Contra Costa Sanitary District Conflict of Interest Code — Page 5 of 7 Senior Engineer 1 Senior Environmental Compliance Inspector 2,4 Senior HHW Technician 2 Senior Community Affairs Representative 2 Superintendent, Operations/Maintenance 2 Supervising Chemist 2 Utility Systems Engineer 1 Utility Worker 2 Vehicle Equipment 2 *Consultants Only those Consultants who fall within the criteria described below shall disclose pursuant to the broadest disclosure category in the District's Conflict of Interest Code, unless the General Manager determines, in writing, that a less broad category is appropriate. For purposes of the District's Conflict of Interest Code, "Consultant" means an individual who, pursuant to a contract with the District: Makes a governmental decision whether to: a. Approve a rate, rule, or regulation; b. Adopt or enforce a law; C. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; d. Authorize the agency to enter into, modify, or renew a contract provided it is the type of contract that requires agency approval; e. Grant agency approval to a contract that requires agency approval and to which the agency is a party, or to the specifications for such a contract; f. Grant agency approval to a plan, design, report, study, or similar item; g. Adopt, or grant agency approval of, policies, standards, or guidelines for the agency, or for any subdivision thereof; or 4853-8104-6009 v2 November 21, 2024 Regular Board Meeting Agenda Packet - Page 70 of 164 Page 17 of 20 Central Contra Costa Sanitary District Conflict of Interest Code — Page 6 of 7 2. Serves in a staff capacity with the agency and in that capacity participates in making governmental decisions as defined in FPPC Regulation 2 CCR 18700, et seq. or performs the same or substantially all the same duties for the agency that would otherwise be performed by an individual holding a designated position specified above. The General Manager shall make a determination in writing when a particular Consultant falls within the above-described criteria requiring the Consultant to be treated as a "designated position." The General Manager's determination is a public record and shall be retained for public inspection in the same manner and location as the Conflict -of -Interest Code. Part II: Disclosure Categories Designated Employees are required to file a statement of economic interests as their job duties fall under one, or more, of the following categories: Category 1 — Board Members and any Designated Employees whose duties are broad and indefinable: All investments and business positions in business entities, and income (including loans, gifts and travel payments) from sources located in or doing business in the District's jurisdiction. A business entity is "located or doing business in the jurisdiction of District" if the business entity is doing business or plans to do business within the boundaries of the District, or if the business entity owned or leased any facilities within the boundaries of the District, or has done business within the boundaries of the District, at any time during the two years prior to the time that the disclosure statement of the designated office/employee is filed. Interests in real property located in the jurisdiction, including property located in part or in while within the boundaries of the District, within two miles thereof, or within two miles of land owned or used by the District. • Category 2 — Designated Employees whose duties involve contracting or purchasing equal to or exceeding $1,500 per month or $18,000 per year for the District: All investments and business positions in business entities, and income (including gifts, loans and travel payments) from sources that provide leased facilities, goods, equipment, vehicles, machinery or services, including training or consulting services, of the type utilized by this District. • Category 3 — Designated Employees whose decisions may affect real property interests: 4853-8104-6009 v2 November 21, 2024 Regular Board Meeting Agenda Packet - Page 71 of 164 Page 18 of 20 Central Contra Costa Sanitary District Conflict of Interest Code — Page 7 of 7 Interests in real property located in the jurisdiction, including property located in part or in while within the boundaries of the District, within two miles thereof, or within two miles of land owned or used by the District. • Category 4 — Designated Employees with regulatory powers: All investments and business positions and income, including gifts, loans and travel payments, from sources that are subject to the regulatory, permit or licensing authority of, or have an application for a license or permit pending before, the District. 4853-8104-6009 v2 November 21, 2024 Regular Board Meeting Agenda Packet - Page 72 of 164 Page 19 of 20 Attachment 3 RESOLUTION NO. 2024 - 040 A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT AMENDING ITS CONFLICT OF INTEREST CODE WHEREAS, the Political Reform Act (California Government Code Section 81000, et seq.) requires public agencies to adopt and promulgate a local conflict of interest code; and WHEREAS, the Fair Political Practices Commission has adopted a regulation (Title 2 California Code of Regulations Section 18730) that contains the terms of a standard conflict of interest code which may be incorporated by reference in an agency's Conflict of Interest Code; and WHEREAS, the Political Reform Act, Government Code Section 87306.5, requires government agencies to conduct biennial reviews of their adopted conflict of interest code; and WHEREAS, the Central Contra Costa Sanitary District has determined that revisions to the Conflict of Interest Code are needed to reflect new and removed positions, to revise the disclosure categories, and to reflect the structure of Conflict of Interest Codes recommended by the Fair Political Practices Commission. NOW THEREFORE, BE IT RESOLVED by the Board of Directors of District amends its Conflict of Interest Code as set forth in Exhibit A, which is incorporated herein by reference and attached to this Resolution. PASSED AND ADOPTED this 21st day of November 2024, by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members ABSENT: Members: Mariah N. Lauritzen President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California 4879-5104-3825 v1 November 21, 2024 Regular Board Meeting Agenda Packet - Page 73 of 164 Page 20 of 20 COUNTERSIGNED: Katie Young, CPMC, CMC Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to form: J. Leah Castella Counsel for the District 4879-5104-3825 v1 November 21, 2024 Regular Board Meeting Agenda Packet - Page 74 of 164