HomeMy WebLinkAbout07-22-26 F&A Committee Meeting Packet1
OTAY WATER DISTRICT
FINANCE AND ADMINISTRATION COMMITTEE MEETING
and
SPECIAL MEETING OF THE BOARD OF DIRECTORS
2554 SWEETWATER SPRINGS BOULEVARD
SPRING VALLEY, CALIFORNIA
BOARDROOM
WEDNESDAY
JULY 22, 2026
2:00 P.M.
This is a District Committee meeting. This meeting is being posted as a special meeting in order to comply
with the Brown Act (Government Code Section §54954.2) in the event that a quorum of the Board is present.
Items will be deliberated, however, no formal board actions will be taken at this meeting. The committee makes
recommendations to the full board for its consideration and formal action.
AGENDA
1.ROLL CALL
2.PUBLIC PARTICIPATION – OPPORTUNITY FOR MEMBERS OF THE PUBLIC TO
SPEAK TO THE BOARD ON ANY SUBJECT MATTER WITHIN THE BOARD’S JU-
RISDICTION INCLUDING AN ITEM ON TODAY’S AGENDA
DISCUSSION ITEMS
3.AUTHORIZE THE GENERAL MANAGER TO NEGOTIATE AND ENTER INTO AN
INITIAL TWO-YEAR AGREEMENT, PLUS THREE (3) ONE-YEAR OPTIONS TO
EXTEND, WITH PAYMENTUS CORPORATION TO PROVIDE PAYMENT PRO-
CESSING SERVICES ESTIMATED TO BE $725,730, PLUS CREDIT CARD INTER-
CHANGE FEES (ANDREA CAREY) [5 MINUTES]
4.ADOPT ORDINANCE NO. 605 AMENDING SECTION 6, CONFLICT OF INTEREST
CODE, OF THE DISTRICT’S CODE OF ORDINANCES TO REFLECT ADMINIS-
TRATIVE UPDATES (JOSE MARTINEZ) [5 MINUTES]
5.ADJOURNMENT
BOARD MEMBERS ATTENDING:
Jose Lopez, Chair
Delfina Gonzalez
All items appearing on this agenda, whether or not expressly listed for action, may be delib-
erated and may be subject to action by the Board.
2
The agenda, and any attachments containing written information, are available at the Dis-
trict’s website at www.otaywater.gov. Written changes to any items to be considered at the
open meeting, or to any attachments, will be posted on the District’s website. Copies of the
agenda and attachments are also available by contacting the District Secretary at (619) 670-
2253.
If you have any disability which would require accommodations to enable you to participate
in this meeting, please call the District Secretary at 670-2253 at least 24 hours prior to the
meeting.
Certification of Posting
I certify that I posted a copy of the foregoing agenda near the regular meeting place of the
Board of Directors of Otay Water District, Spring Valley, California, said time being at least
24 hours in advance of the special meeting of the Board of Directors (Government Code
Section §54954.2).
/s/ Jenny Diaz, District Secretary
STAFF REPORT
TYPE MEETING: Regular Board MEETING DATE: August 5, 2026
SUBMITTED BY: Andrea Carey
Customer Service Manager
PROJECT: DIV. NO. All
APPROVED BY: Joseph R. Beachem, Chief Financial Officer
Jose Martinez, General Manager
SUBJECT: Authorize the General Manager to Negotiate and Enter into an
Agreement with Paymentus Corporation (Paymentus) for Payment
Processing Services
GENERAL MANAGER’S RECOMMENDATION:
That the Board authorizes the General Manager to negotiate and enter
into an initial two-year agreement, plus three (3) one-year options
to extend, with Paymentus Corporation (Paymentus) to provide payment
processing services estimated to be $725,730, plus credit card
interchange fees.
COMMITTEE ACTION:
See Attachment A.
PURPOSE:
Authorize the General Manager to negotiate and enter into an initial
two-year agreement, plus three (3) one-year extensions, with
Paymentus Corporation (Paymentus) to provide payment processing
services estimated to be $725,730, plus credit card interchange fees.
ANALYSIS:
The District entered into a contract with SpryPoint Services, Inc.,
to replace the District’s utility billing system and online customer
portal. The anticipated go-live date for the SpryPoint system is May
2027. In preparation for the transition, the District must select a
payment processor that integrates with SpryPoint’s online portal and
front desk cashiering system. The District accepts approximately
AGENDA ITEM 3
37,000 payments per month via the online portal, the automated phone
system (IVR), and the cashiering system. Currently, the District has
different payment processors for each payment channel. To streamline
these functions, staff sent out a Request for Proposal (RFP) on March
18, 2026, through the District’s online solicitation portal,
PlanetBids, for payment processing services for all three payment
options.
Five responses were received by the April 15, 2026, deadline, with
one determined to be non-responsive. The four responsive companies
were:
•Invoice Cloud, Inc., Boston, MA
•J.P. Morgan Chase Bank, N.A., Columbus, OH
•Paymentus Corporation, Charlotte, NC
•SpryPoint Services, Inc., Charlottetown, PE, Canada
A team consisting of IT, Finance, and Customer Service personnel
evaluated the proposals and all four companies were invited to
demonstrate their proposed solutions. Staff evaluated each company’s
proposal and demonstration based on the following criteria:
•Company background and experience
•Proposed solution, system capabilities, and integration
•Implementation, training, and support
•Estimated annual cost
Paymentus and Invoice Cloud scored the highest during the initial
evaluation, and both companies were contacted to provide a Best and
Final Offer (BAFO) and pricing was updated. Paymentus received the
highest overall rating (Attachment B), with a higher technical score
than Invoice Cloud. Staff were impressed with Paymentus’ ability to
seamlessly integrate into the SpryPoint solution, their enhanced IVR
options, and simplistic agent dashboard for employees. In addition,
further negotiations with Paymentus resulted in an additional
reduction of over $20,000 in annual costs, making Paymentus the
overall lowest-cost provider.
Otay has used Paymentus for its IVR solution since 2013. Selecting
Paymentus as the District’s payment processor will yield additional
cost savings, as District staff have familiarity with their backend
user portal. As a result, very little training will be required. In
addition, Paymentus has agreed to keep pricing fixed for the length
of the contract, which consists of the initial two-year period, along
with the subsequent three, one-year extensions.
Paymentus currently works with over 30 SpryPoint utility customers
and has a close strategic partnership with SpryPoint, which allows
for real-time payment posting to the utility billing system across
all payment channels. District staff who work closely with Paymentus
report excellent service. Staff researched their references and found
positive responses. An internet search also found no issues or
concerns with the company.
FISCAL IMPACT: Joe Beachem, Chief Financial Officer
The annual cost for Paymentus payment processing fees is estimated to
be $145,146, however, this amount can vary depending on actual volume
of payments. The District will continue to pay applicable credit card
interchange fees, which are approximately 1.3% of the transaction
amount. These fees are budgeted in the annual operating budget.
STRATEGIC GOAL:
Evaluate the most cost-effective and efficient processes and tools to
communicate service-related information to customers.
LEGAL IMPACT:
None.
Attachments:
A)Committee Action
B)Payment Processing scores
ATTACHMENT A
SUBJECT/PROJECT: Authorize the General Manager to Negotiate and Enter into
an Agreement with Paymentus Corporation (Paymentus) for
Payment Processing Services
COMMITTEE ACTION:
That the Board authorizes the General Manager to negotiate and enter
into an initial two-year agreement, plus three (3) one-year
extensions, with Paymentus Corporation (Paymentus) to provide payment
processing services estimated to be $725,730 ($145,146 annually) plus
credit card interchange fees.
NOTE:
The “Committee Action” is written in anticipation of the Committee
moving the item forward for Board approval. This report will be sent
to the Board as a committee approved item, or modified to reflect any
discussion or changes as directed from the committee prior to
presentation to the full Board.
Background and
Experience
Proposed
Solution, System
Capabilities, and
Integration
Implementation,
Training, and
Support
Individual
Subtotal
Technical
Score Cost Score Total Score
Vendor #Vendor Maximum Score 20 40 10 70 70 30 100
Reviewer 1 16 32 8 56
Reviewer 2 17 33 8 58
Reviewer 3 17 33 10 60
Reviewer 4 16 36 8 60
Reviewer 5 20 34 10 64
Reviewer 1 10 25 5 40
Reviewer 2 10 25 5 40
Reviewer 3 10 28 6 44
Reviewer 4 13 30 6 49
Reviewer 5 12 24 4 40
Reviewer 1 18 36 8 62
Reviewer 2 19 36 9 64
Reviewer 3 20 38 9 67
Reviewer 4 18 37 7 62
Reviewer 5 20 37 10 67
Reviewer 1 14 38 9 61
Reviewer 2 18 39 10 67
Reviewer 3 16 39 10 65
Reviewer 4 17 38 9 64
Reviewer 5 16 39 10 65
Vendor #Vendor Estimated Cost (5-Yr)
1 Invoice Cloud, Inc.736,501.50$
2 JPMorgan Chase Bank, N.A.891,840.00$
3 Paymentus Corporation 832,470.00$ Negotiated Amount $725,730.00
4 SpryPoint Services Inc.3,182,619.52$
RFP #FY26-2341-0318
PAYMENT PROCESSING SERVICES
Score Summary (BAFO)
1 Invoice Cloud, Inc.
(Boston, MA)59.60 89.60
2 JPMorgan Chase Bank, N.A.
(Columbus, OH)42.60 24.77 67.37
30.00
4 SpryPoint Services Inc.
(Charlottetown, PE, Canada)64.40 6.94 71.34
3 Paymentus Corporation
(Charlotte, NC)64.40 26.54 90.94
Vendor 5 proposed a payer-funded (convenience fee) model under which transaction fees are paid directly by customers rather than the District. As this pricing structure is not
directly comparable to District-paid proposals, Vendor 5 was excluded from scoring.
Attachment B
STAFF REPORT
TYPE MEETING: Regular Board Meeting MEETING DATE: August 5, 2026
SUBMITTED BY: Jose Martinez,
General Manager
W.O./G.F. NO: DIV. NO.
APPROVED BY: Jose Martinez, General Manager
SUBJECT:
ADOPT ORDINANCE NO. 605 AMENDING SECTION 6, CONFLICT OF
INTEREST CODE, OF THE DISTRICT’S CODE OF ORDINANCES
GENERAL MANAGER’S RECOMMENDATION:
That the Otay Water District Board of Directors adopt Ordinance No.
605 amending Section 6, Conflict of Interest Code, of the District’s
Code of Ordinances to reflect administrative updates to the
Statements of Economic Interests (Form 700) filing process.
COMMITTEE ACTION:
See “Attachment A”.
PURPOSE:
To adopt Ordinance No. 605 amending Section 6, Conflict of Interest
Code, of the District's Code of Ordinances to reflect administrative
updates to the Form 700 filing process. The amendment updates the
filing requirements to reflect the County of San Diego's (County)
current procedures, which require all Form 700 statements submitted
to the Clerk of the Board to be filed electronically through the
County's eFile system. The County no longer accepts hard-copy Form
700 submissions.
ANALYSIS:
The Political Reform Act requires each county and every local agency
within the County’s jurisdiction that maintains its own Conflict of
Interest Code to review that code biennially. In accordance with this
requirement, staff conducted a review of the District’s Conflict of
Interest Code.
AGENDA ITEM 4
Historically, designated filers submitted hard copies of their Form
700 to the General Manager (or designee) or the District Secretary
for processing. The County's Clerk of the Board no longer accepts
hard copy filings and now requires designated filers (see Appendix,
pages 14–15) to submit their Form 700 statements electronically
through the County's eFile system.
Additionally, beginning in 2026, Senate Bill 852 requires public
officials responsible for managing a local agency's investments (see
Appendix, page 15) to file their Form 700 statements electronically
and directly with the Fair Political Practices Commission (FPPC)
through its eDisclosure system.
Ordinance No. 605 (Attachment B) has been prepared for the Board's
consideration to amend the District's Conflict of Interest Code to
reflect these administrative updates. A redline copy of the proposed
amendments (see Exhibit A) is attached to the ordinance for the
Board's reference.
FISCAL IMPACT:
None.
LEGAL IMPACT:
None.
ATTACHMENTS:
Attachment A – Committee Action Report
Attachment B - Ordinance No. 605
Exhibit A – Redline Copy of the District’s Conflict of Interest Code
Attachment C – Clean Copy of the District’s Proposed Conflict of
Interest Code
Attachment D - Presentation Slide
ATTACHMENT A
SUBJECT/PROJECT: ADOPT ORDINANCE NO. 605 AMENDING SECTION 6, CONFLICT OF
INTEREST CODE, OF THE DISTRICT’S CODE OF ORDINANCES
COMMITTEE ACTION:
The Finance & Administration Committee reviewed this item at a
meeting held on July 22, 2026. The Committee supports presentation to
the full Board.
NOTE:
The “Committee Action” is written in anticipation of the Committee
moving the item forward for Board approval. This report will be sent
to the Board as a committee approved item or modified to reflect any
discussion or changes as directed by the committee prior to
presentation to the full Board.
ORDINANCE NO. 605
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE OTAY WATER DISTRICT
AMENDING SECTION 6, CONFLICT OF INTEREST CODE, OF THE DISTRICT’S CODE OF ORDINANCE
BE IT ORDAINED by the Board of Directors of the Otay Water District that Section 6, Conflict of Interest Code of the
District’s Code of Ordinances, is hereby amended to reflect administrative updates to the Form 700 filing process, as set forth in Exhibit A attached hereto and incorporated herein by
this reference.
NOW, THEREFORE, BE IT RESOLVED that the amendments to Section 6, Conflict of Interest Code, to the District’s Code of Ordinances shall become effective immediately upon adoption.
PASSED, APPROVED AND ADOPTED by the Board of Directors of
the Otay Water District at a regular meeting duly held this 5th day of August 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________ Board President
ATTEST:
_____________________________
District Secretary
ATTACHMENT B
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OTAY WATER DISTRICT CONFLICTS OF INTEREST CODE
DIVISION I DISTRICT ADMINISTRATION
CHAPTER 5 PERSONNEL PRACTICES
SECTION 6 CONFLICT OF INTEREST CODE
The Political Reform Act (Government Code section §81000, etseq.) requires state and local government agencies to adopt and
promulgate conflict of interest codes. The Fair Political Practices Commission (FPPC) has adopted a regulation (2 Cal. Code of Regs. Sec. 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, the standard code may be amended by
the FPPCFair 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 amendments to it duly
adopted by the FPPCFair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendix,
designating positions and establishing disclosure requirements, shall constitute the Conflict of Interest Code of the Otay Water District (District).
6.01 DEFINITIONS
The definitions contained in the Political Reform Act of 1974 (Government Code Sections §81000 et seq.), regulations of the FPPCFair Political Practices Commission (2 Cal. Code of Regs. Sections 18100, et seq.), and any amendments to the Act or regulations, are
incorporated by reference into this Conflict of Interest Code.
6.02 DESIGNATED EMPLOYEES
The persons holding positions listed in the Appendix are
designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a
material effect on financial interests.
The General Manager or his/her designee shall have the authority
to designate any person holding a position within the District as a person designated to provide disclosures regardless of whether or not
the position that the person holds is included in the Appendix if, in the view of the General Manager or his/her designee, the person has the potential to make or participate in the making of decisions which may foreseeably have a material effect on financial interests.
EXHIBIT A
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6.03 DISCLOSURE CATEGORIES
This Code does not establish any disclosure obligation for those designated employees who are also specified in Government Code Section §87200 if they are designated in this code in that same capacity, or
if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must
report their financial interest pursuant to Article 2 of Chapter 7 of the Political Reform Act, Government Code Sections §87200, et seq.1 In addition, this code does not establish any disclosure obligation for
any designated public officials who are designated in a conflict of interest code for another agency, if all of the following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency; (B) The disclosure assigned in the code of the other agency is
the same as that required under Article 2 of Chapter 7 of the Political Reform Act, Government Code Section §87200; and
(C) The filing officer is the same for both agencies.
Such persons are covered by this Code for disqualification purposes only. With respect to all other designated employees, the
disclosure categories set forth in the Appendix specify which kinds of financial interests are reportable. Such a designated employee shall disclose in his or her Statement of Economic Interest those financial
interests he or she has which are of the kind described in the disclosure categories to which he or she is assigned in the Appendix. It has been determined that the financial interests set forth in a designated employee’s disclosure categories are the kinds of financial interests which he or she foreseeably can affect materially through
the conduct of his or her office.
6.04 STATEMENTS OF ECONOMIC INTERESTS: PLACE OF FILING All officials and employees required to submit a Statement of
Economic Interest (employees in Designated Positions) shall file their statements directly with the County of San Diego (County), Clerk of
the Boardor the State of California (State), electronically through eFile, the County’s the applicable Form 700 systemwith the General Manager, or his or her designee. A Form 700 notification email will be
1 Designated employees who are required to file statements of economic interest under any other agency’s Conflict of Interest Code or under Article 2 for a different
jurisdiction, may expand their statement of economic interests to cover reportable interest in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and district statements, provided that each copy
of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Government Code Section §81004.
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sent to filers at the beginning of each year, or after initial registration, with instructions on how to file their form.
The District shall continue to maintain and update the current registration lists on both the County’s and State electronic systems
as needed. make and retain a copy of all statements filed by Designated Positions and forward the originals of such statements to
the Executive Office of the Board of Supervisors of San Diego County. All electronic retained statements, originals or copies shall be available for public inspection and reproduction. (Cal. Gov’t Code §
81008).2
The General Manager, or his or her designee, may file Statements of Economic Interests electronically in accordance with the provisions of Government Code Section 87500.2. 6.05 STATEMENTS OF ECONOMIC INTERESTS: TIME OF FILING
(A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted,
promulgated, and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code.
Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30
days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated
positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. If a person assumes an office between October 1 and December 31 and files an assuming office Statement of Economic
Interests, that person need not file an annual Statement of Economic Interests pursuant to Section 87203 until one year later than the date
specified in subsection C below. (C) Annual Statements. All designated employees shall file
statements no later than April 1.
(D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office.
(E) Military Service. If a person reports for military service as defined in the Servicemember's Civil Relief Act, the deadline for
the annual statement of economic interests is 30 days following his or her return to office, provided the person, or someone authorized to
2 See Government Code section §81010 and 2 Cal. Code of Regs. section 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer.
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represent the person's interests, notifies the filing officer in writing prior to the applicable filing deadline that he or she is
subject to that federal statute and is unable to meet the applicable deadline, and provides the filing officer verification of his or her military status.
6.06 STATEMENTS FOR PERSONS WHO RESIGN PRIOR TO ASSUMING OFFICE
Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer
to file an assuming office statement, is not deemed to have assumed office or left office, provided he or she did not make or participate
in the making of, or use his or her position to influence any decision and did not receive or become entitled to receive any form of payment as a result of his or her appointment. Such persons shall not file either an assuming or a leaving office statement.
(A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following:
1. File a written resignation with the appointing power; and
2. File a written statement with the filing officer declaring under penalty of perjury that during the period between
appointment and resignation he or she did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to
receive, any form of payment by virtue of being appointed to the position. 6.07 CONTENTS OF AND PERIOD COVERED BY STATEMENTS OF ECONOMIC INTERESTS
(A) Contents of Initial Statements
Initial statements shall disclose any reportable investments, interests in real property and business positions held on the
effective date of the code and income received during the 12 months prior to the effective date of the code.
(B) Contents of Assuming Office Statements
Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on
the date of assuming office or on the date of appointment, and income received during the 12 months prior to the date of assuming office or the date of being appointed, respectively. (C) Contents of Annual Statements
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Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or
received during the previous calendar year provided, however, that the period covered by an employee’s first annual statement shall begin on the effective date of the code or the date of assuming office,
whichever is later.
(D) Contents of Leaving Office Statements Leaving office statements shall disclose reportable investments,
interest in real property, income and business positions held or received during the period between the closing date of the last
statement filed and the date of leaving office. 6.08 MANNER OF REPORTING Statements of economic interest shall be made on forms prescribed
by the FPPCFair Political Practices Commission and supplied by the agency, and shall contain the following information:
(A) Investments and Real Property Disclosure
When an investment or an interest in real property3 is required to be reported4, the statement shall contain the following:
1. A statement of the nature of the investment or interest;
2. The name of the business entity in which each investment is held, and a general description of the business activity in
which the business entity is engaged; 3. The address or other precise location of the real property;
4. A statement whether the fair market value of the investment
or interest in real property equals or exceeds two thousand dollars ($2,000), exceeds ten thousand dollars ($10,000), exceeds one hundred thousand dollars ($100,000), or exceeds
one million dollars ($1,000,000).
3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer.
4 Investments and interests in real property which have a fair market value of less
than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act. However, investments or interests in real property of an individual include those held by the individual’s spouse and dependent children as
well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater.
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(B) Personal Income Disclosure
When personal income is required to be reported5, the statementshall contain:
1.The name and address of each source of income aggregating$500 or more in value or $50 or more in value if the income
was a gift, and a general description of the businessactivity, if any, of each source;
2.A statement whether the aggregate value of income from eachsource, or in the case of a loan, the highest amount owed to
each source, was one thousand dollars ($1,000) or less,greater than one thousand dollars ($1,000), greater than tenthousand dollars ($10,000), or greater than one hundredthousand dollars ($100,000);
3.A description of the consideration, if any, for which theincome was received;
4.In the case of a gift, the name, address and businessactivity of the donor and any intermediary through which the
gift was made; a description of the gift; the amount orvalue of the gift; and the date on which the gift was
received. A gift includes forgiveness of a debt or a rebateor discount of a debt owed6;
5.In the case of a loan given or received, the annual interestrate and the security, if any, given for the loan and theterm of the loan.
6.Gov. Code section §82030 defines income and specifically
excludes:
(a)Any loan or loans from a commercial lendinginstitution which are made in the lender's regularcourse of business on terms available to members of
the public without regard to official status.
(b)Any loan from or payments received on a loan made toan individual's spouse, child, parent, grandparent,grandchild, brother, sister, parent-in-law, brother-
in-law, sister-in-law, nephew, niece, uncle, aunt,or first cousin, or the spouse of any such person,
5 A designated employee’s income includes his or her community property interest in the income of his or her spouse but does not include salary or reimbursement for
expenses received from a state, local or federal government agency.
6 2 Cal. Code of Regs. section 18940
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provided that a loan or loan payment received from any such person shall be considered income if he or
she is acting as an agent or intermediary for any person not covered by this paragraph.
(c)Any indebtedness created as part of a retailinstallment or credit card transaction if made in
the lender's regular course of business on termsavailable to members of the public without regard toofficial status.
(C) Business Entity Income Disclosure
When income of a business entity, including income of a soleproprietorship, is required to be reported7, the statement shall contain:
1.The name, address, and a general description of the businessactivity of the business entity;
2.The name of every person from whom the business entityreceived payments if the filer’s pro rata share of gross
receipts from such person was equal to or greater than$10,000.
(D) Business Position Disclosure
When business positions are required to be reported, a designatedemployee shall list the name and address of each business entity in which he or she is a director, officer, partner, trustee, employee or in which he or she holds any position of management, a description of the business activity in which the business entity is engaged, and the
designated employee’s position with the business entity.
(E) Acquisition or Disposal During Reporting Period
In the case of an annual or leaving office statement, if an
investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement,
the statement shall contain the date of acquisition or disposal.
6.09 PROHIBITION ON RECEIPT OF HONORARIA
A.No designated public official shall accept any honorarium fromany source if the member or employee would be required to report the
7 Income of a business entity is reportable if the direct, indirect, or beneficial interest of the filer and the filer’s spouse in the business entity aggregates a 10
percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer.
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receipt of income or gifts from that source on his or her statement of economic interests.
Subdivisions (a), (b), and (c) of Government Code Section §89501 shall
apply to the prohibitions in this section.
This section shall not limit or prohibit payments, advances, or reim-
bursements for travel and related lodging and subsistence authorized
by Government Code section §89506.
6.10 PROHIBITION ON RECEIPT OF GIFTS IN EXCESS OF AMOUNT ESTABLISHED BY LAW8
A.No designated public official shall accept gifts with a total
value of more than the maximum amount established by law, in anycalendar year, from any single source, if the member or employee would
be required to report the receipt of income or gifts from that sourceon his or her statement of economic interests.
Subdivisions (e), (f), and (g) of Government Code section §89503 shall
apply to the prohibitions in this section.
6.11 LOANS TO PUBLIC OFFICIALS
A.No elected officer of a state or local government agency shall,from the date of his or her election to office through the date that
he or she vacates office, receive a personal loan from any officer,employee, member, or consultant of the state or local governmentagency in which the elected officer holds office or over which theelected officer’s agency has direction and control.
B.No public official who is exempt from the state civil service
system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section4 of Article VII of the Constitution shall, while he or she holdsoffice, receive a personal loan from any officer, employee, member, orconsultant of the state or local government agency in which the publicofficial holds office or over which the public official’s agency has
direction and control. This subdivision shall not apply to loans madeto a public official whose duties are solely secretarial, clerical, or
manual.
C.No elected officer of a state or local government agency shall,from the date of his or her election to office through the date that
8 Designated Persons are prohibited from accepting gifts from any single source in a
calendar year with a total value in excess of designated amounts. See Govt. Code § 89503, sub-divisions (e), (f) and (g). [Note: Pursuant to Gov. Code § 89503(f), the FPPC adjusts the gift limit every odd-numbered year to reflect changes in the
Consumer Price Index; the gift limit for the 2021 and 2022 calendar years is set at $520; therefore the gift limit will be updated in January 2023 and every odd year thereafter, until further notice. See also 2 CCR § 18940.2]
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he or she vacates office, receive a personal loan from any person who has a contract with the state or local government agency to which that
elected officer has been elected or over which that elected officer’s agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any
indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the
lender’s regular course of business on terms available to members of the public without regard to the elected officer’s official status.
D. No public official who is exempt from the state civil service
system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds
office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer’s agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness
created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender’s regular course of business on terms available to members of the public without
regard to the elected officer’s official status. This subdivision shall not apply to loans made to a public official whose duties are
solely secretarial, clerical, or manual.
E. This section shall not apply to the following:
1. Loans made to the campaign committee of an elected officer or candidate for elective office.
2. Loans made by a public official’s spouse, child, parent,
grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or
the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.
3. Loans from a person which, in the aggregate, do not exceed five hundred dollars ($500) at any given time.
4. Loans made, or offered in writing, before January 1, 1998. 6.12 LOAN TERMS
A. Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of his or her
election to office through the date he or she vacates office, receive a personal loan of five hundred dollars ($500) or more, except when the loan is in writing and clearly states the terms of the loan,
including the parties to the loan agreement, date of the loan, amount
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of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of
interest paid on the loan.
B. This section shall not apply to the following types of loans:
1. Loans made to the campaign committee of the elected officer.
2.Loans made to the elected officer by his or her spouse,child, parent, grandparent, grandchild, brother, sister, parent-in-
law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for
any person not otherwise exempted under this section.
3. Loans made, or offered in writing, before January 1, 1998.
C.Nothing in this section shall exempt any person from any otherprovision of Title 9 of the Government Code.
6.13 PERSONAL LOANS
A.Except as set forth in subdivision (B), a personal loan received
by any designated public official shall become a gift to the designated public official for the purposes of this section in the following circumstances:
1.If the loan has a defined date or dates for repayment, whenthe statute of limitations for filing an action for default has
expired.
2.If the loan has no defined date or dates for repayment, when
one year has elapsed from the later of the following:
a. The date the loan was made.
b.The date the last payment of one hundred dollars ($100)
or more was made on the loan.
c.The date upon which the debtor has made payments on the
loan aggregating to less than two hundred fifty dollars ($250) during the previous 12 months.
B. This section shall not apply to the following types of loans:
1.A loan made to the campaign committee of an elected officeror a candidate for elective office.
2.A loan that would otherwise not be a gift as defined in thistitle.
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3.A loan that would otherwise be a gift as set forth undersubdivision (A), but on which the creditor has taken reasonable action
to collect the balance due.
4.A loan that would otherwise be a gift as set forth undersubdivision (A), but on which the creditor, based on reasonable
business considerations, has not undertaken collection action. Except in a criminal action, a creditor who claims that a loan is not a gift
on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations.
5.A loan made to a debtor who has filed for bankruptcy and theloan is ultimately discharged in bankruptcy.
C.Nothing in this section shall exempt any person from any otherprovisions of Title 9 of the Government Code.
6.14 DISQUALIFICATION
No designated employee shall make, participate in making, or in any way attempt to use his or her official position to influence the making of any governmental decision which he or she knows or has
reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on
the official or a member of his or her immediate family or on:
(A)Any business entity in which the designated employee has adirect or indirect investment worth $2,000 or more;
(B)Any real property in which the designated employee has adirect or indirect interest worth $2,000 or more;
(C)Any source of income, other than gifts and other than loansby a commercial lending institution in the regular course of
business on terms available to the public without regard toofficial status, aggregating $500 or more in value provided
to, received by or promised to the designated employeewithin 12 months prior to the time when the decision ismade;
(D)Any business entity in which the designated employee is a
director, officer, partner, trustee, employee, or holds anyposition of management; or
(E)Any donor of, or any intermediary or agent for a donor of, agift or gifts aggregating to the maximum amount established
by law, or more, in value provided to, received by, orpromised to the designated employee within 12 months priorto the time when the decision is made.
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6.15 LEGALLY REQUIRED PARTICIPATION
No designated public official shall be prevented from making or
participating in the making of any decision to the extent his or her participation is legally required for the decision to be made. The fact that the vote of a designated public official who is on a voting
body is needed to break a tie does not make his or her participation legally required for purposes of this section.
6.16 DISQUALIFICATION OF STATE OFFICERS AND EMPLOYEES
In addition to the general disqualification provisions of Section 6.14, no state administrative official shall make, participate in
making, or use his or her official position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of his or her immediate family has, within 12
months prior to the time when the official action is to be taken: (A) Engaged in a business transaction or transactions on terms
not available to members of the public, regarding any investment or interest in real property; or
(B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the
rendering of goods or services totaling in value $1000 or more.
6.17 DISCLOSURE OF DISQUALIFYING INTEREST
When a designated public official determines that he or she should not make a governmental decision because he or she has a disqualifying interest in it, the determination not to act may be
accompanied by disclosure of the disqualifying interest.
6.18 ASSISTANCE OF THE COMMISSION AND COUNSEL Any designated employee who is unsure of his or her duties under
this code may request assistance from the FPPCFair Political Practices Commission pursuant to Government Code Section §83114 and 2 CCR
Sections 18329 and 18329.5 or from the attorney for his or her agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion.
6.19 VIOLATIONS
This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal, and civil sanctions provided in the
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Political Reform Act, Government Code Sections §81000 – 91015. In addition, a decision in relation to which a violation of the
disqualification provisions of this code or of Government Code Section §87100 or §87450 has occurred may be set aside as void pursuant to Government Code Section §91003.
6.20 PROHIBITED TRANSACTIONS
Members of the Board of Directors and Designated Employees shall comply with the Prohibited Transactions policy, annexed hereto as
Exhibit A, pursuant to California Government Code Sections §1090, et seq.
6.21 INCOMPATIBLE ACTIVITIES Members of the Board of Directors, District officers, and all other District employees shall comply with the Incompatible Activities
policy, annexed hereto as Exhibit B, pursuant to California Government Code Sections §1126, et seq.
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APPENDIX
OTAY WATER DISTRICT CONFLICT OF INTEREST CODE DESIGNATED POSITIONS
DESIGNATED EMPLOYEES’ TITLE/ OR FUNCTION DISCLOSURE CATEGORIES ASSIGNED
Members of the Board of Directors 1, 2, 3, 4, 5, 6
General Manager 1, 2, 3, 4, 5, 6
District Secretary 6
Assistant Chief of Finance 1, 2, 5, 6, 7
Chief of Administrative Services 1, 2, 3, 4, 5, 6, 7
Chief Financial Officer 1, 2, 5, 6, 7
Chief of Engineering 1, 2, 3, 4, 6, 7
Chief of Water Operations 1, 2, 3, 4, 6, 7
Associate Civil Engineer 1, 2, 3, 4, 7
Communications Officer 6
Customer Service Manager 2, 5, 7
Environmental Compliance Specialist 1, 2, 3, 4, 7
Engineering Manager 1, 2, 3, 4, 7
Field Services Manager 1, 2, 3, 4, 7
Finance Manager 2, 5, 7
GIS Manager 3, 6, 7
Human Resources Manager 3, 6
IT Manager 3, 6, 7
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Network Engineer 3, 6, 7
Purchasing and Facilities Manager 2, 6
Safety and Security Specialist 1, 2, 3, 4, 6
Senior Procurement and Contracting Analyst 6
Senior Civil Engineer 1, 2, 3, 4, 7
System Operations Manager 1, 2, 3, 4, 7
Utility Services Manager 1, 2, 3, 4, 7
Consultant/New Positions9 1, 2, 3, 4, 5, 6
District Officials who manage public investments, as defined by 2 Cal. Code of Regs. § 18701 (b) are not subject to the District's Conflict of Interest Code except with respect to its disqualification
provisions. They must file disclosure statements under Government Code § 87200 et seq. [2 CCR § 18730(b)(3)] These positions are listed
above for informational purposes only.
Individuals holding the positions listed below are officials who manage public investments and who must file their disclosure statements, under Government Code Section §87200, electronically
through the FPPC’s eDisclosure system:
Members of the Board of Directors General Manager Chief Financial Officer
Asst. Chief Financial OfficerFinance Manager Financial Consultants
9 Consultants/New Positions are included in the list of designated positions and shall disclose pursuant to the broadest disclosure category in the code, subject to the following limitation:
The General Manager may determine in writing that a particular consultant or new position, although a “designated position,” is hired to perform a range of duties that is limited in scope and, thus, not required to fully comply with the disclosure requirements in this section. Such written determination shall include a description of the consultant’s or new position’s duties and, based upon that description, a statement of the extent of the disclosure requirements. The written determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest
Code (Gov. Code section §81008).
Consultants are required to file disclosure statements where they: (a) conduct research and arrive at conclusions with respect to rendition of information, advice, recommendation or counsel independent of control and direction of the agency or any agency official other than normal contract monitoring; and (b) possess no authority with respect to any agency decision beyond the rendition of information, advice, recommendation or counsel.
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Individuals holding the above-listed positions may contact the FPPCFair Political Practices Commission for assistance or written
advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The FPPCFair Political Practices Commission makes the final determination whether a position
is covered by Government Code Section §87200.
Government Code Section §87200 requires that individuals holding the above-listed positions shall, each year at a time specified by commission regulations, file a statement disclosing their investments,
their interests in real property and their income during the period since the previous statement filed. The statement shall include any
investments and interest in real property held at any time during the period covered by the statement, whether or not they are still held at the time of filing.
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APPENDIX, CONTINUED
DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of
investments, business entities, sources of income, or real property which the designated employee must disclose for each disclosure
category to which he or she is assigned.
Category 1: All investments and business positions in, and sources
of income from, all business entities that do business or own real property in the District, plan to do business or own real property in
the District within the next year or have done business or owned real property in the District within the past two years.
Category 2: All interests in real property which are located in whole or in part within, or not more than two (2) miles outside the
boundaries of the District.
Category 3: All investments and business positions in, and sources
of income from, business entities subject to the regulatory, permit or licensing authority of the Designated Employee’s Department, will be
subject to such authority within the next year or have been subject to such authority within the past two years.
Category 4: All investments, business positions, and sources of income from, business entities that are engaged in land development,
construction or the acquisition or sale of real property in the District, plan to engage in such activities in the District within the next year or have engaged in such activities in the District within the past two years.
Category 5: All investments and business positions in, and sources of income from, business entities that are banking, savings and loan
or other financial institutions.
Category 6: All investments and business positions in, and sources
of income from, business entities that provide services, supplies, materials, machinery, or equipment of a type purchased, leased, used,
or administered by the District.
Category 7: All investments and business positions in, and sources
of income from, business entities that provide services, supplies, materials, machinery, or equipment of a type purchased, leased, used,
or administered by the Designated Employee’s Department.
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EXHIBIT A Prohibited Transactions for Specified Personnel Members of the Board of Directors (“Members”) shall comply with this
Prohibited Transactions policy pursuant to California Government Code § 1090, et seq.
Members shall not be financially interested in any contract made by them in their official capacity, or by any body or board of which they
are members. Members shall not be purchasers at any sale or vendors at any purchase made by them in their official capacity. Members
shall not be deemed to be interested in a contract entered into by a body or board of which they are members if the Member has only a remote interest in the contract and if the fact of that interest is disclosed to the body or board of which the Member is a member and noted in its official records, and thereafter the body or board
authorizes, approves, or ratifies the contract in good faith by a vote of its membership sufficient for the purpose without counting the vote or votes of the Board of Directors member with the remote interest.
“Remote interest” shall be defined as in California Government Code § 1091(b).
Members shall not be considered to be financially interested in a
contract if their interest is including, but not limited to, any of the following (Government Code § 1091.5):
1. That of an officer in being reimbursed for his/her actual and necessary expenses incurred in the performance of an official duty; 2. That of a recipient of public services generally provided by the
public body or board of which he/she is a member, on the same terms and conditions as if he or she were not a member of the
board; 3. That of a landlord or tenant of the contracting party if such
contracting party is the federal government or any federal department or agency, this state or an adjoining state, any
department or agency of this state or an adjoining state, any county or city of this state or an adjoining state, or an public corporation or special, judicial or other public district of this
state or an adjoining state unless the subject matter of such contract is the property in which such officer or employee has
such interest as landlord or tenant in which even his/her interest shall be deemed a remote interest within the meaning of, and subject to, the provisions of Government Code 1091;
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4.That of a spouse of an officer or employee of a public agency ifhis/her spouse’s employment or office-holding has existed for at
least one year prior to his/her election or appointment;
5.That of a non-salaried member of a nonprofit corporation,
provided that such interest is disclosed to the board at the timeof the first consideration of the contract, and provided further
that such interest is noted in its official records;
6.That of a non-compensated officer of a nonprofit, tax-exempt
corporation, which, as one of its primary purposes, supports thefunctions of the board or to which the board has legal obligation
to give particular consideration, and provided further that suchinterest is noted in its official records;
For purposes of this paragraph, an officer is “noncompensated”even though he or she receives reimbursement from the nonprofit,
tax-exempt corporation for necessary travel and other actualexpenses incurred in performing the duties of his or her office.
7.That of compensation for employment with a governmental agency,other than the governmental agency that employs the officer or
employee, provided that the interest is disclosed to the board atthe time of consideration of the contract, and provided further
that the interest is noted in its official records;
8.That of an attorney of the contracting party of that of an owner,
officer, employee or agent of a firm which renders, or hasrendered, service to the contracting party in the capacity of
stockbroker, insurance agent, insurance broker, real estateagent, or real estate broker if these individuals have notreceived and will not receive remuneration, consideration, or a
commission as a result of the contract and if these individualshave an ownership interest of less than 10 percent in the law
practice or firm, stock brokerage firm, insurance firm or realestate firm.
In addition, Members shall not be deemed to be interested in a contract made pursuant to competitive bidding under a procedure
established by law if their sole interest is that of an officer, director, or employee of a bank or savings and loan association with which a party to the contract has the relationship of borrower or
depositor, debtor or creditor (Government Code § 1091.5).
Authority:
California Government Code § 1090, et seq.
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EXHIBIT B
Incompatible Activities Policy
District officers, members of the Board of Directors, and all other
District employees (collectively, “district personnel”) shall comply with this Incompatible Activities policy pursuant to California
Government Code § 11265, et seq.
District personnel shall not engage in any employment, activity, or
enterprise for compensation which is inconsistent, incompatible, in conflict with, or inimical to his or her duties as a member of the
Board of Directors, or with the duties, functions, or responsibilities of his or her appointing power or the agency by which he or she is employed.
The outside employment, activity, or enterprise of district personnel
is prohibited if it: (1) involves the use for private gain or advantage of his or her local District time, facilities, equipment and supplies; or the badge, uniform, prestige, or influence of his or her
local District office or employment or;, (2) involves receipt or acceptance by district personnel of any money or other consideration
from anyone other than the District for the performance of an act which district personnel, if not performing such act, would be
required or expected to render in the regular course or hours of their local District employment or as a part of their duties as a local District officer or employee; or, (3) involves the performance of an
act in other than his/her capacity as a local agency officer or employee, which act may later be subject directly or indirectly to the
control, inspection, review, audit, or enforcement of any other officer or employee or the agency by which he/she is employed; or (4) involves the time demands as would render performance of his or her
duties as a local district personnel member less efficient.
Nothing in this policy shall be interpreted to prohibit any outside employment, activity, counsel, or enterprise on behalf of another governmental entity, subject to common law and professional conflict
of interest rules.
Copies of this regulation shall be posted in prominent places at the District Office. District personnel who violate this regulation may be subject to discipline as set forth in the applicable Code of
Ordinances and Policies. Board of Directors members who violate this section may be subject to censure. Disciplinary appeals by district
personnel shall be handled pursuant to applicable Code of Ordinances and Policies.
Authority:
California Government Code § 11265, et seq.
Rev. 8/2026
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OTAY WATER DISTRICT
CONFLICT OF INTEREST CODE
DIVISION I DISTRICT ADMINISTRATION
CHAPTER 5 PERSONNEL PRACTICES
SECTION 6 CONFLICT OF INTEREST CODE
The Political Reform Act (Government Code §81000, et seq.)
requires state and local government agencies to adopt and promulgate
conflict of interest codes. The Fair Political Practices Commission
(FPPC) has adopted a regulation (2 Cal. Code of Regs. Sec. 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, the standard code may be amended by the FPPC to conform
to amendments in the Political Reform Act. Therefore, the terms of 2
California Code of Regulations Section 18730 and any amendments to it
duly adopted by the FPPC are hereby incorporated by reference. This
regulation and the attached Appendix, designating positions and
establishing disclosure requirements, shall constitute the Conflict of
Interest Code of the Otay Water District (District).
6.01 DEFINITIONS
The definitions contained in the Political Reform Act of 1974
(Government Code §81000 et seq.), regulations of the FPPC (2 Cal. Code
of Regs. Sections 18100, et seq.), and any amendments to the Act or
regulations, are incorporated by reference into this Conflict of
Interest Code.
6.02 DESIGNATED EMPLOYEES
The persons holding positions listed in the Appendix are
designated employees. It has been determined that these persons make
or participate in the making of decisions which may foreseeably have a
material effect on financial interests.
The General Manager or his/her designee shall have the authority
to designate any person holding a position within the District as a
person designated to provide disclosures regardless of whether or not
the position that the person holds is included in the Appendix if, in
the view of the General Manager or his/her designee, the person has
the potential to make or participate in the making of decisions which
may foreseeably have a material effect on financial interests.
ATTACHMENT C
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6.03 DISCLOSURE CATEGORIES
This Code does not establish any disclosure obligation for those
designated employees who are also specified in Government Code §87200
if they are designated in this code in that same capacity, or if the
geographical jurisdiction of this agency is the same as or is wholly
included within the jurisdiction in which those persons must report
their financial interest pursuant to Article 2 of Chapter 7 of the
Political Reform Act, Government Code §87200, et seq.1 In addition,
this code does not establish any disclosure obligation for any
designated public officials who are designated in a conflict of
interest code for another agency, if all of the following apply:
(A) The geographical jurisdiction of this agency is the same as
or is wholly included within the jurisdiction of the other agency;
(B) The disclosure assigned in the code of the other agency is
the same as that required under Article 2 of Chapter 7 of the
Political Reform Act, Government Code §87200; and
(C) The filing officer is the same for both agencies.
Such persons are covered by this Code for disqualification
purposes only. With respect to all other designated employees, the
disclosure categories set forth in the Appendix specify which kinds of
financial interests are reportable. Such a designated employee shall
disclose in his or her Statement of Economic Interest those financial
interests he or she has which are of the kind described in the
disclosure categories to which he or she is assigned in the Appendix.
It has been determined that the financial interests set forth in a
designated employee’s disclosure categories are the kinds of financial
interests which he or she foreseeably can affect materially through
the conduct of his or her office.
6.04 STATEMENTS OF ECONOMIC INTERESTS: PLACE OF FILING
All officials and employees required to submit a Statement of
Economic Interest (employees in Designated Positions) shall file their
statements directly with the County of San Diego (County) or the State
of California (State), electronically through the applicable Form 700
system. A Form 700 notification email will be sent to filers at the
beginning of each year, or after initial registration, with
instructions on how to file their form.
1 Designated employees who are required to file statements of economic interest under
any other agency’s Conflict of Interest Code or under Article 2 for a different
jurisdiction, may expand their statement of economic interests to cover reportable
interest in both jurisdictions, and file copies of this expanded statement with both
entities in lieu of filing separate and district statements, provided that each copy
of such expanded statement filed in place of an original is signed and verified by
the designated employee as if it were an original. See Government Code §81004.
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The District shall continue to maintain and update the current
registration lists on both the County and State electronic systems as
needed. All electronic copies shall be available for public inspection
and reproduction. (Cal. Gov’t Code §81008).2
The General Manager, or his or her designee, may file Statements
of Economic Interests electronically in accordance with the provisions
of Government Code Section 87500.2.
6.05 STATEMENTS OF ECONOMIC INTERESTS: TIME OF FILING
(A) Initial Statements. All designated employees employed by
the agency on the effective date of this code, as originally adopted,
promulgated, and approved by the code reviewing body, shall file
statements within 30 days after the effective date of this code.
Thereafter, each person already in a position when it is designated by
an amendment to this code shall file an initial statement within 30
days after the effective date of the amendment.
(B) Assuming Office Statements. All persons assuming designated
positions after the effective date of this code shall file statements
within 30 days after assuming the designated positions, or if subject
to State Senate confirmation, 30 days after being nominated or
appointed. If a person assumes an office between October 1 and
December 31 and files an assuming office Statement of Economic
Interests, that person need not file an annual Statement of Economic
Interests pursuant to Section 87203 until one year later than the date
specified in subsection C below.
(C) Annual Statements. All designated employees shall file
statements no later than April 1.
(D) Leaving Office Statements. All persons who leave designated
positions shall file statements within 30 days after leaving office.
(E) Military Service. If a person reports for military service
as defined in the Servicemember's Civil Relief Act, the deadline for
the annual statement of economic interests is 30 days following his or
her return to office, provided the person, or someone authorized to
represent the person's interests, notifies the filing officer in
writing prior to the applicable filing deadline that he or she is
subject to that federal statute and is unable to meet the applicable
deadline, and provides the filing officer verification of his or her
military status.
2 See Government Code §81010 and 2 Cal. Code of Regs. section 18115 for the duties of
filing officers and persons in agencies who make and retain copies of statements and
forward the originals to the filing officer.
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6.06 STATEMENTS FOR PERSONS WHO RESIGN PRIOR TO ASSUMING OFFICE
Any person who resigns within 12 months of initial appointment,
or within 30 days of the date of notice provided by the filing officer
to file an assuming office statement, is not deemed to have assumed
office or left office, provided he or she did not make or participate
in the making of, or use his or her position to influence any decision
and did not receive or become entitled to receive any form of payment
as a result of his or her appointment. Such persons shall not file
either an assuming or a leaving office statement.
(A) Any person who resigns a position within 30 days of the date
of a notice from the filing officer shall do both of the following:
1.File a written resignation with the appointing power; and
2.File a written statement with the filing officer declaring
under penalty of perjury that during the period between
appointment and resignation he or she did not make,
participate in the making, or use the position to influence
any decision of the agency or receive, or become entitled to
receive, any form of payment by virtue of being appointed to
the position.
6.07 CONTENTS OF AND PERIOD COVERED BY STATEMENTS OF ECONOMIC
INTERESTS
(A)Contents of Initial Statements
Initial statements shall disclose any reportable investments,
interests in real property and business positions held on the
effective date of the code and income received during the 12 months
prior to the effective date of the code.
(B) Contents of Assuming Office Statements
Assuming office statements shall disclose any reportable
investments, interests in real property and business positions held on
the date of assuming office or on the date of appointment, and income
received during the 12 months prior to the date of assuming office or
the date of being appointed, respectively.
(C)Contents of Annual Statements
Annual statements shall disclose any reportable investments,
interests in real property, income and business positions held or
received during the previous calendar year provided, however, that the
period covered by an employee’s first annual statement shall begin on
the effective date of the code or the date of assuming office,
whichever is later.
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(D)Contents of Leaving Office Statements
Leaving office statements shall disclose reportable investments,
interest in real property, income and business positions held or
received during the period between the closing date of the last
statement filed and the date of leaving office.
6.08 MANNER OF REPORTING
Statements of economic interest shall be made on forms prescribed
by the FPPC and supplied by the agency, and shall contain the
following information:
(A)Investments and Real Property Disclosure
When an investment or an interest in real property3 is required to
be reported4, the statement shall contain the following:
1.A statement of the nature of the investment or interest;
2.The name of the business entity in which each investment is
held, and a general description of the business activity in
which the business entity is engaged;
3.The address or other precise location of the real property;
4.A statement whether the fair market value of the investment
or interest in real property equals or exceeds two thousand
dollars ($2,000), exceeds ten thousand dollars ($10,000),
exceeds one hundred thousand dollars ($100,000), or exceeds
one million dollars ($1,000,000).
(B)Personal Income Disclosure
When personal income is required to be reported5, the statement
shall contain:
3 For the purpose of disclosure only (not disqualification), an interest in real
property does not include the principal residence of the filer.
4 Investments and interests in real property which have a fair market value of less
than $2,000 are not investments and interests in real property within the meaning of
the Political Reform Act. However, investments or interests in real property of an
individual include those held by the individual’s spouse and dependent children as
well as a pro rata share of any investment or interest in real property of any
business entity or trust in which the individual, spouse and dependent children own,
in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater.
5 A designated employee’s income includes his or her community property interest in
the income of his or her spouse but does not include salary or reimbursement for
expenses received from a state, local or federal government agency.
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1.The name and address of each source of income aggregating
$500 or more in value or $50 or more in value if the income
was a gift, and a general description of the business
activity, if any, of each source;
2.A statement whether the aggregate value of income from each
source, or in the case of a loan, the highest amount owed to
each source, was one thousand dollars ($1,000) or less,
greater than one thousand dollars ($1,000), greater than ten
thousand dollars ($10,000), or greater than one hundred
thousand dollars ($100,000);
3.A description of the consideration, if any, for which the
income was received;
4.In the case of a gift, the name, address and business
activity of the donor and any intermediary through which the
gift was made; a description of the gift; the amount or
value of the gift; and the date on which the gift was
received. A gift includes forgiveness of a debt or a rebate
or discount of a debt owed6;
5.In the case of a loan given or received, the annual interest
rate and the security, if any, given for the loan and the
term of the loan.
6.Gov. Code §82030 defines income and specifically excludes:
(a)Any loan or loans from a commercial lending
institution which are made in the lender's regular
course of business on terms available to members of
the public without regard to official status.
(b)Any loan from or payments received on a loan made to
an individual's spouse, child, parent, grandparent,
grandchild, brother, sister, parent-in-law, brother-
in-law, sister-in-law, nephew, niece, uncle, aunt,
or first cousin, or the spouse of any such person,
provided that a loan or loan payment received from
any such person shall be considered income if he or
she is acting as an agent or intermediary for any
person not covered by this paragraph.
(c)Any indebtedness created as part of a retail
installment or credit card transaction if made in
the lender's regular course of business on terms
available to members of the public without regard to
official status.
6 2 Cal. Code of Regs. section 18940
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(C)Business Entity Income Disclosure
When income of a business entity, including income of a sole
proprietorship, is required to be reported7, the statement shall
contain:
1.The name, address, and a general description of the business
activity of the business entity;
2.The name of every person from whom the business entity
received payments if the filer’s pro rata share of gross
receipts from such person was equal to or greater than
$10,000.
(D)Business Position Disclosure
When business positions are required to be reported, a designated
employee shall list the name and address of each business entity in
which he or she is a director, officer, partner, trustee, employee or
in which he or she holds any position of management, a description of
the business activity in which the business entity is engaged, and the
designated employee’s position with the business entity.
(E)Acquisition or Disposal During Reporting Period
In the case of an annual or leaving office statement, if an
investment or an interest in real property was partially or wholly
acquired or disposed of during the period covered by the statement,
the statement shall contain the date of acquisition or disposal.
6.09 PROHIBITION ON RECEIPT OF HONORARIA
A. No designated public official shall accept any honorarium from
any source if the member or employee would be required to report the
receipt of income or gifts from that source on his or her statement of
economic interests.
Subdivisions (a), (b), and (c) of Government Code §89501 shall apply to
the prohibitions in this section.
This section shall not limit or prohibit payments, advances, or reim-
bursements for travel and related lodging and subsistence authorized
by Government Code §89506.
7 Income of a business entity is reportable if the direct, indirect, or beneficial
interest of the filer and the filer’s spouse in the business entity aggregates a 10
percent or greater interest. In addition, the disclosure of persons who are clients
or customers of a business entity is required only if the clients or customers are
within one of the disclosure categories of the filer.
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6.10 PROHIBITION ON RECEIPT OF GIFTS IN EXCESS OF AMOUNT
ESTABLISHED BY LAW8
A. No designated public official shall accept gifts with a total
value of more than the maximum amount established by law, in any
calendar year, from any single source, if the member or employee would
be required to report the receipt of income or gifts from that source
on his or her statement of economic interests.
Subdivisions (e), (f), and (g) of Government Code §89503 shall apply to
the prohibitions in this section.
6.11 LOANS TO PUBLIC OFFICIALS
A. No elected officer of a state or local government agency shall,
from the date of his or her election to office through the date that
he or she vacates office, receive a personal loan from any officer,
employee, member, or consultant of the state or local government
agency in which the elected officer holds office or over which the
elected officer’s agency has direction and control.
B. No public official who is exempt from the state civil service
system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section
4 of Article VII of the Constitution shall, while he or she holds
office, receive a personal loan from any officer, employee, member, or
consultant of the state or local government agency in which the public
official holds office or over which the public official’s agency has
direction and control. This subdivision shall not apply to loans made
to a public official whose duties are solely secretarial, clerical, or
manual.
C. No elected officer of a state or local government agency shall,
from the date of his or her election to office through the date that
he or she vacates office, receive a personal loan from any person who
has a contract with the state or local government agency to which that
elected officer has been elected or over which that elected officer’s
agency has direction and control. This subdivision shall not apply to
loans made by banks or other financial institutions or to any
indebtedness created as part of a retail installment or credit card
transaction, if the loan is made or the indebtedness created in the
lender’s regular course of business on terms available to members of
the public without regard to the elected officer’s official status.
8 Designated Persons are prohibited from accepting gifts from any single source in a
calendar year with a total value in excess of designated amounts. See Govt. Code §
89503, sub-divisions (e), (f) and (g). [Note: Pursuant to Gov. Code §89503(f), the
FPPC adjusts the gift limit every odd-numbered year to reflect changes in the
Consumer Price Index; the gift limit for the 2021 and 2022 calendar years is set at
$520; therefore the gift limit will be updated in January 2023 and every odd year
thereafter, until further notice. See also 2 CCR §18940.2]
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D. No public official who is exempt from the state civil service
system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section
4 of Article VII of the Constitution shall, while he or she holds
office, receive a personal loan from any person who has a contract
with the state or local government agency to which that elected
officer has been elected or over which that elected officer’s agency
has direction and control. This subdivision shall not apply to loans
made by banks or other financial institutions or to any indebtedness
created as part of a retail installment or credit card transaction, if
the loan is made or the indebtedness created in the lender’s regular
course of business on terms available to members of the public without
regard to the elected officer’s official status. This subdivision
shall not apply to loans made to a public official whose duties are
solely secretarial, clerical, or manual.
E. This section shall not apply to the following:
1. Loans made to the campaign committee of an elected officer
or candidate for elective office.
2. Loans made by a public official’s spouse, child, parent,
grandparent, grandchild, brother, sister, parent-in-law, brother-in-
law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or
the spouse of any such persons, provided that the person making the
loan is not acting as an agent or intermediary for any person not
otherwise exempted under this section.
3. Loans from a person which, in the aggregate, do not exceed
five hundred dollars ($500) at any given time.
4. Loans made, or offered in writing, before January 1, 1998.
6.12 LOAN TERMS
A. Except as set forth in subdivision (B), no elected officer of a
state or local government agency shall, from the date of his or her
election to office through the date he or she vacates office, receive
a personal loan of five hundred dollars ($500) or more, except when
the loan is in writing and clearly states the terms of the loan,
including the parties to the loan agreement, date of the loan, amount
of the loan, term of the loan, date or dates when payments shall be
due on the loan and the amount of the payments, and the rate of
interest paid on the loan.
B. This section shall not apply to the following types of loans:
1. Loans made to the campaign committee of the elected officer.
2. Loans made to the elected officer by his or her spouse,
child, parent, grandparent, grandchild, brother, sister, parent-in-
law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or
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first cousin, or the spouse of any such person, provided that the
person making the loan is not acting as an agent or intermediary for
any person not otherwise exempted under this section.
3. Loans made, or offered in writing, before January 1, 1998.
C. Nothing in this section shall exempt any person from any other
provision of Title 9 of the Government Code.
6.13 PERSONAL LOANS
A. Except as set forth in subdivision (B), a personal loan received
by any designated public official shall become a gift to the
designated public official for the purposes of this section in the
following circumstances:
1. If the loan has a defined date or dates for repayment, when
the statute of limitations for filing an action for default has
expired.
2. If the loan has no defined date or dates for repayment, when
one year has elapsed from the later of the following:
a. The date the loan was made.
b. The date the last payment of one hundred dollars ($100)
or more was made on the loan.
c. The date upon which the debtor has made payments on the
loan aggregating to less than two hundred fifty dollars ($250) during
the previous 12 months.
B. This section shall not apply to the following types of loans:
1. A loan made to the campaign committee of an elected officer
or a candidate for elective office.
2. A loan that would otherwise not be a gift as defined in this
title.
3. A loan that would otherwise be a gift as set forth under
subdivision (A), but on which the creditor has taken reasonable action
to collect the balance due.
4. A loan that would otherwise be a gift as set forth under
subdivision (A), but on which the creditor, based on reasonable
business considerations, has not undertaken collection action. Except
in a criminal action, a creditor who claims that a loan is not a gift
on the basis of this paragraph has the burden of proving that the
decision for not taking collection action was based on reasonable
business considerations.
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5. A loan made to a debtor who has filed for bankruptcy and the
loan is ultimately discharged in bankruptcy.
C. Nothing in this section shall exempt any person from any other
provisions of Title 9 of the Government Code.
6.14 DISQUALIFICATION
No designated employee shall make, participate in making, or in
any way attempt to use his or her official position to influence the
making of any governmental decision which he or she knows or has
reason to know will have a reasonably foreseeable material financial
effect, distinguishable from its effect on the public generally, on
the official or a member of his or her immediate family or on:
(A) Any business entity in which the designated employee has a
direct or indirect investment worth $2,000 or more;
(B) Any real property in which the designated employee has a
direct or indirect interest worth $2,000 or more;
(C) Any source of income, other than gifts and other than loans
by a commercial lending institution in the regular course of
business on terms available to the public without regard to
official status, aggregating $500 or more in value provided
to, received by or promised to the designated employee
within 12 months prior to the time when the decision is
made;
(D) Any business entity in which the designated employee is a
director, officer, partner, trustee, employee, or holds any
position of management; or
(E) Any donor of, or any intermediary or agent for a donor of, a
gift or gifts aggregating to the maximum amount established
by law, or more, in value provided to, received by, or
promised to the designated employee within 12 months prior
to the time when the decision is made.
6.15 LEGALLY REQUIRED PARTICIPATION
No designated public official shall be prevented from making or
participating in the making of any decision to the extent his or her
participation is legally required for the decision to be made. The
fact that the vote of a designated public official who is on a voting
body is needed to break a tie does not make his or her participation
legally required for purposes of this section.
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6.16 DISQUALIFICATION OF STATE OFFICERS AND EMPLOYEES
In addition to the general disqualification provisions of Section
6.14, no state administrative official shall make, participate in
making, or use his or her official position to influence any
governmental decision directly relating to any contract where the
state administrative official knows or has reason to know that any
party to the contract is a person with whom the state administrative
official, or any member of his or her immediate family has, within 12
months prior to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms
not available to members of the public, regarding any
investment or interest in real property; or
(B) Engaged in a business transaction or transactions on terms
not available to members of the public regarding the
rendering of goods or services totaling in value $1000 or
more.
6.17 DISCLOSURE OF DISQUALIFYING INTEREST
When a designated public official determines that he or she
should not make a governmental decision because he or she has a
disqualifying interest in it, the determination not to act may be
accompanied by disclosure of the disqualifying interest.
6.18 ASSISTANCE OF THE COMMISSION AND COUNSEL
Any designated employee who is unsure of his or her duties under
this code may request assistance from the FPPC pursuant to Government
Code §83114 and 2 CCR Sections 18329 and 18329.5 or from the attorney
for his or her agency, provided that nothing in this section requires
the attorney for the agency to issue any formal or informal opinion.
6.19 VIOLATIONS
This code has the force and effect of law. Designated employees
violating any provision of this code are subject to the
administrative, criminal, and civil sanctions provided in the
Political Reform Act, Government Code §81000 – 91015. In addition, a
decision in relation to which a violation of the disqualification
provisions of this code or of Government Code §87100 or §87450 has
occurred may be set aside as void pursuant to Government Code §91003.
6.20 PROHIBITED TRANSACTIONS
Members of the Board of Directors and Designated Employees shall
comply with the Prohibited Transactions policy, annexed hereto as
Exhibit A, pursuant to California Government Code §1090, et seq.
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6.21 INCOMPATIBLE ACTIVITIES
Members of the Board of Directors, District officers, and all
other District employees shall comply with the Incompatible Activities
policy, annexed hereto as Exhibit B, pursuant to California Government
Code §1126, et seq.
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APPENDIX
OTAY WATER DISTRICT
CONFLICT OF INTEREST CODE
DESIGNATED POSITIONS
TITLE/FUNCTION DISCLOSURE CATEGORIES ASSIGNED
Members of the Board of Directors 1, 2, 3, 4, 5, 6
General Manager 1, 2, 3, 4, 5, 6
District Secretary 6
Chief of Administrative Services 1, 2, 3, 4, 5, 6, 7
Chief Financial Officer 1, 2, 5, 6, 7
Chief of Engineering 1, 2, 3, 4, 6, 7
Chief of Water Operations 1, 2, 3, 4, 6, 7
Associate Civil Engineer 1, 2, 3, 4, 7
Communications Officer 6
Customer Service Manager 2, 5, 7
Environmental Compliance Specialist 1, 2, 3, 4, 7
Engineering Manager 1, 2, 3, 4, 7
Field Services Manager 1, 2, 3, 4, 7
Finance Manager 2, 5, 7
GIS Manager 3, 6, 7
Human Resources Manager 3, 6
IT Manager 3, 6, 7
Network Engineer 3, 6, 7
Purchasing and Facilities Manager 2, 6
Safety and Security Specialist 1, 2, 3, 4, 6
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Senior Procurement and Contracting Analyst 6
Senior Civil Engineer 1, 2, 3, 4, 7
System Operations Manager 1, 2, 3, 4, 7
Utility Services Manager 1, 2, 3, 4, 7
Consultant/New Positions9 1, 2, 3, 4, 5, 6
District Officials who manage public investments, as defined by 2 Cal.
Code of Regs. §18701 (b) are not subject to the District's Conflict of
Interest Code except with respect to its disqualification provisions.
They must file disclosure statements under Government Code §87200 et
seq. [2 CCR §18730(b)(3)] These positions are listed above for
informational purposes only.
Individuals holding the positions listed below are officials who
manage public investments and who must file their disclosure
statements, under Government Code §87200, electronically through the
FPPC’s eDisclosure system:
Members of the Board of Directors
General Manager
Chief Financial Officer
Finance Manager
Financial Consultants
Individuals holding the above-listed positions may contact the FPPC
for assistance or written advice regarding their filing obligations if
they believe that their position has been categorized incorrectly.
The FPPC makes the final determination whether a position is covered
by Government Code §87200.
9 Consultants/New Positions are included in the list of designated positions and shall disclose pursuant
to the broadest disclosure category in the code, subject to the following limitation:
The General Manager may determine in writing that a particular consultant or new position, although a
“designated position,” is hired to perform a range of duties that is limited in scope and, thus, not
required to fully comply with the disclosure requirements in this section. Such written determination
shall include a description of the consultant’s or new position’s duties and, based upon that description,
a statement of the extent of the disclosure requirements. The written determination is a public record
and shall be retained for public inspection in the same manner and location as this Conflict of Interest
Code (Gov. Code §81008).
Consultants are required to file disclosure statements where they: (a) conduct research and arrive at
conclusions with respect to rendition of information, advice, recommendation or counsel independent of
control and direction of the agency or any agency official other than normal contract monitoring; and (b)
possess no authority with respect to any agency decision beyond the rendition of information, advice,
recommendation or counsel.
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Government Code §87200 requires that individuals holding the above-
listed positions shall, each year at a time specified by commission
regulations, file a statement disclosing their investments, their
interests in real property and their income during the period since
the previous statement filed. The statement shall include any
investments and interest in real property held at any time during the
period covered by the statement, whether or not they are still held at
the time of filing.
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APPENDIX, CONTINUED
DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of
investments, business entities, sources of income, or real property
which the designated employee must disclose for each disclosure
category to which he or she is assigned.
Category 1: All investments and business positions in, and sources
of income from, all business entities that do business or own real
property in the District, plan to do business or own real property in
the District within the next year or have done business or owned real
property in the District within the past two years.
Category 2: All interests in real property which are located in
whole or in part within, or not more than two (2) miles outside the
boundaries of the District.
Category 3: All investments and business positions in, and sources
of income from, business entities subject to the regulatory, permit or
licensing authority of the Designated Employee’s Department, will be
subject to such authority within the next year or have been subject to
such authority within the past two years.
Category 4: All investments, business positions, and sources of
income from, business entities that are engaged in land development,
construction or the acquisition or sale of real property in the
District, plan to engage in such activities in the District within the
next year or have engaged in such activities in the District within
the past two years.
Category 5: All investments and business positions in, and sources
of income from, business entities that are banking, savings and loan
or other financial institutions.
Category 6: All investments and business positions in, and sources
of income from, business entities that provide services, supplies,
materials, machinery, or equipment of a type purchased, leased, used,
or administered by the District.
Category 7: All investments and business positions in, and sources
of income from, business entities that provide services, supplies,
materials, machinery, or equipment of a type purchased, leased, used,
or administered by the Designated Employee’s Department.
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EXHIBIT A
Prohibited Transactions for Specified Personnel
Members of the Board of Directors (“Members”) shall comply with this
Prohibited Transactions policy pursuant to California Government Code
§1090, et seq.
Members shall not be financially interested in any contract made by
them in their official capacity, or by any body or board of which they
are members. Members shall not be purchasers at any sale or vendors
at any purchase made by them in their official capacity. Members
shall not be deemed to be interested in a contract entered into by a
body or board of which they are members if the Member has only a
remote interest in the contract and if the fact of that interest is
disclosed to the body or board of which the Member is a member and
noted in its official records, and thereafter the body or board
authorizes, approves, or ratifies the contract in good faith by a vote
of its membership sufficient for the purpose without counting the vote
or votes of the Board of Directors member with the remote interest.
“Remote interest” shall be defined as in California Government Code
§1091(b).
Members shall not be considered to be financially interested in a
contract if their interest is including, but not limited to, any of
the following (Government Code §1091.5):
1. That of an officer in being reimbursed for his/her actual and
necessary expenses incurred in the performance of an official
duty;
2. That of a recipient of public services generally provided by the
public body or board of which he/she is a member, on the same
terms and conditions as if he or she were not a member of the
board;
3. That of a landlord or tenant of the contracting party if such
contracting party is the federal government or any federal
department or agency, this state or an adjoining state, any
department or agency of this state or an adjoining state, any
county or city of this state or an adjoining state, or an public
corporation or special, judicial or other public district of this
state or an adjoining state unless the subject matter of such
contract is the property in which such officer or employee has
such interest as landlord or tenant in which even his/her
interest shall be deemed a remote interest within the meaning of,
and subject to, the provisions of Government Code 1091;
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4. That of a spouse of an officer or employee of a public agency if
his/her spouse’s employment or office-holding has existed for at
least one year prior to his/her election or appointment;
5. That of a non-salaried member of a nonprofit corporation,
provided that such interest is disclosed to the board at the time
of the first consideration of the contract, and provided further
that such interest is noted in its official records;
6. That of a non-compensated officer of a nonprofit, tax-exempt
corporation, which, as one of its primary purposes, supports the
functions of the board or to which the board has legal obligation
to give particular consideration, and provided further that such
interest is noted in its official records;
For purposes of this paragraph, an officer is “noncompensated”
even though he or she receives reimbursement from the nonprofit,
tax-exempt corporation for necessary travel and other actual
expenses incurred in performing the duties of his or her office.
7. That of compensation for employment with a governmental agency,
other than the governmental agency that employs the officer or
employee, provided that the interest is disclosed to the board at
the time of consideration of the contract, and provided further
that the interest is noted in its official records;
8. That of an attorney of the contracting party of that of an owner,
officer, employee or agent of a firm which renders, or has
rendered, service to the contracting party in the capacity of
stockbroker, insurance agent, insurance broker, real estate
agent, or real estate broker if these individuals have not
received and will not receive remuneration, consideration, or a
commission as a result of the contract and if these individuals
have an ownership interest of less than 10 percent in the law
practice or firm, stock brokerage firm, insurance firm or real
estate firm.
In addition, Members shall not be deemed to be interested in a
contract made pursuant to competitive bidding under a procedure
established by law if their sole interest is that of an officer,
director, or employee of a bank or savings and loan association with
which a party to the contract has the relationship of borrower or
depositor, debtor or creditor (Government Code §1091.5).
Authority:
California Government Code §1090, et seq.
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EXHIBIT B
Incompatible Activities Policy
District officers, members of the Board of Directors, and all other
District employees (collectively, “district personnel”) shall comply
with this Incompatible Activities policy pursuant to California
Government Code §1126, et seq.
District personnel shall not engage in any employment, activity, or
enterprise for compensation which is inconsistent, incompatible, in
conflict with, or inimical to his or her duties as a member of the
Board of Directors, or with the duties, functions, or responsibilities
of his or her appointing power or the agency by which he or she is
employed.
The outside employment, activity, or enterprise of district personnel
is prohibited if it: (1) involves the use for private gain or
advantage of his or her local District time, facilities, equipment and
supplies; or the badge, uniform, prestige, or influence of his or her
local District office or employment or; (2) involves receipt or
acceptance by district personnel of any money or other consideration
from anyone other than the District for the performance of an act
which district personnel, if not performing such act, would be
required or expected to render in the regular course or hours of their
local District employment or as a part of their duties as a local
District officer or employee; (3) involves the performance of an act
in other than his/her capacity as a local agency officer or employee,
which act may later be subject directly or indirectly to the control,
inspection, review, audit, or enforcement of any other officer or
employee or the agency by which he/she is employed; or (4) involves
the time demands as would render performance of his or her duties as a
local district personnel member less efficient.
Nothing in this policy shall be interpreted to prohibit any outside
employment, activity, counsel, or enterprise on behalf of another
governmental entity, subject to common law and professional conflict
of interest rules.
Copies of this regulation shall be posted in prominent places at the
District Office. District personnel who violate this regulation may
be subject to discipline as set forth in the applicable Code of
Ordinances and Policies. Board of Directors members who violate this
section may be subject to censure. Disciplinary appeals by district
personnel shall be handled pursuant to applicable Code of Ordinances
and Policies.
Authority:
California Government Code §1126, et seq.
Rev. 8/2026
•Updates Form 700 filing requirements to match current electronic
filing procedures.
•The County of San Diego now requires Form 700 filings through its e-
file system.
•Hard copy Form 700 submissions are no longer accepted.
•Beginning in 2026, under Senate Bill 852, certain officials managing
local agency investments must file directly with the FPPC through its
e-file system.
RECOMMENDATION:
KEY CHANGES:
•Adopt Ordinance No. 605 Amending Section 6, Conflict of
Interest Code, of the District’s Code of Ordinances
ATTACHMENT D