Code of Ethics Policy

Section 2.01.010

 The Board of Directors of the Rainbow Municipal Water District is committed to providing excellence in leadership resulting in the highest quality of services to its constituents.  To assist in the governing of the behavior between and among members of the Board of Directors, staff and public, the following rules shall be observed:

·                     The dignity, style, values and opinions of each Director shall be respected.

·                     Responsiveness and attentive listening in communication is encouraged.

·                     The Board shall focus on the provision of service to its constituents and the proper management of the District.

·                     The primary responsibility of the Board of Directors is the formulation and evaluation of policy. Routine matters concerning the operational aspects of the District are to be delegated to the General Manager.

·                     Directors shall commit themselves to avoiding double talk, hidden agendas, gossip, backbiting, partisan political discussions, and other negative forms of interaction.

·                     Directors shall commit themselves to focusing on issues, not personalities. The presentation of the opinions of others shall be encouraged. Cliques and voting blocks based on personalities rather than issues shall be avoided.

·                     Differing viewpoints are healthy in the decision‑making process.  Individuals have the right to disagree with ideas and opinions, but without being disagreeable. Once the Board of Directors take action, Directors shall commit to supporting said action and not create barriers to the implementation of said action.

Directors shall practice the following procedures:

·                     In seeking clarification on items, Directors will work directly with the General Manager to obtain information to supplement, upgrade or enhance their knowledge and understanding to improve legislative decision‑making.

·                     In handling complaints from residents, property owners, and employees of the District, said complaints shall be referred directly to the General Manager.

·                     In handling items related to safety, concerns for safety, or hazards shall be reported to the General Manager or to the District Office. Emergency situations shall be dealt with by seeking appropriate assistance immediately.

·                     In seeking clarification for policy related concerns, especially those involving personnel, legal action, land acquisition and development, finances, and programming, said concerns shall be referred directly to the General Manager.

·                     When approached by District personnel concerning specific District policy, Directors shall direct inquiries to the General Manager.   If the General Manager is the subject of the concern of the employee, the Director shall contact the Human Resources Manager. The chain of command shall be followed.

The work of the District is a team effort. All individuals shall work together in the collaborative process, assisting each other in conducting the affairs of the District.

When responding to constituent requests and concerns, Directors shall be courteous, responding to individuals in a positive manner and routing their questions to the General Manager.

Any member of the public who attends a Board or Standing Committee meeting shall be treated with respect as they provide input to the Board or Standing Committee.  All parties who wish to speak shall be given the opportunity to do so in accordance with regular procedures outlined in the agenda for each meeting.   Directors and Standing Committee members shall not interact with any member of the public in a dismissive or disrespectful manner at any meeting.

Directors should develop a working relationship with the General Manager wherein current issues, concerns and District projects can be discussed comfortably and openly.

Directors should function as a part of the whole. Staff lobbying of Board Members on a particular position on an issue is prohibited.

Directors are responsible for monitoring the District's progress.

2.01.010.01     Non-Partisan Board

The Board of Directors of the Rainbow Municipal Water District is a non-partisan elected body.   Decisions made by the Board shall not be made on the basis of party affiliation of any Director or whether a particular political party has a stated position on the matter under deliberation by the Board.  When in Board chambers, all Directors and Standing Committee members will leave their party affiliations outside of the room and refrain from partisan political discussions.  All decisions shall be made in terms of what is best for the constituents of the District, not on the basis of what is good for any political party.

2.01.010.02     Board Appointed Members of Standing Committees

 All Board appointed members of the District’s Standing Committees shall conform to the same guidelines described above.   All appointed members of the District’s Standing Committees represent the Board of Directors on these committees and as such are held to the same expectations.

 2.01.010.03     Failure to Follow Code of Ethics Policy

 Any Director who fails to follow this Code of Ethics policy is subject to censure by a vote of the Board of Directors.   Any member of any Standing Committee who fails to follow this Code of Ethics Policy may have their appointment to the Standing Committee revoked by a vote of the Board of Directors.  The District reserves the right to establish an ad hoc committee of District directors to (1) review allegations of ethical misconduct; and (2) make recommendations to the full District board of directors for censure or discipline as appropriate. 

2.01.010.04     Matters of Personal Interest

In addition to the legal requirement imposed by state law and regulations as recognized by sections beginning at 1.02.020 of this code, section 4.01.120 and section 5.03.090 of this code, members of the Board and committees are to avoid putting themselves in the position of choosing between what is best for the District or advancing their own financial or political interests.

Participation in a decision affecting the District must be avoided if that decision will have a reasonably foreseeable and material financial effect (positive or negative) on the individual, the individual’s immediate family, or any of the individual’s economic interests (real property, sources of income, businesses in which the individual has an investment or holds a management position, or gifts from a donor).

Board and committee members are disqualified from voting, participating in the vote, or otherwise influencing a District decision where it is reasonably foreseeable  the vote may involve or affect one of the following sources of income by the individual, the individual’s spouse, domestic partner, dependent children or immediate family:

1.         An interest in real property (ownership, lease, loan, mortgage or otherwise) with a value of $2,000 or more;

2.         An investment worth $2,000 or more;

3.         A source of income totaling $500 or more within 12 months prior to the decision;

4.         A donor of gifts totaling $460 or more (or as otherwise adjusted by the FPPC pursuant to Government Code section 87103) within twelve months prior to the decision;

5.         A business entity where the individual is a director, officer, partner, trustee, or employee, or an entity where the individual otherwise holds any position of management;

6.         The individual’s personal residence is within 500 feet of the subject property.

7.         The decision will otherwise cause a measurable financial benefit or loss on the individual’s personal finances;

The foregoing disqualification requirements shall not apply where the director or committee member’s financial interest is indistinguishable from the effect on the public generally.

In all situations giving rise to a question of decision-making, the director or committee member should consider whether the individual would experience discomfort if the circumstances of the decision were to be reported on the front page of the local newspaper and how the individual would explain the reasons for the vote to the residents of the District.

2.01.010.05     Gratuities and Gifts

 All Board members will be required to keep an objective and un‑obligated viewpoint. This includes the refusal to accept any and all gifts over a nominal value and gratuities from vendors and prospective vendors.  All gifts are subject to Form 700 reporting according the FPPC guidelines provided within the Form 700.

Conflict of Interest

Section 1.02.020

            1.02.020.01     The Political Reform Act (Government Code Section 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes.  The Fair Political Practices Commission has adopted a regulation (2 Cal. Code Regs. Section 18730) that contains the terms of a standard conflict of interest code and may be incorporated by reference in any agency’s code.  After public notice and hearing, the standard code may be amended by the Fair Political Practices Commission to confirm to amendments in the Political Reform Act.

             1.02.020.02     Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference.  This regulation and the attached Appendix designating positions, and establishing disclosure requirements, shall constitute the conflict of interest code of the Rainbow Municipal Water District.

            1.02.020.03     Individuals holding designated and non-designated positions shall file their Statements of Economic Interest with Rainbow Municipal Water District, which will make the statements available for public inspection and reproduction.  (Gov. Code Section 81008.)  Upon receipt of the statements for the Board Members and General Manager, the Board Secretary shall make and retain copies and forward the originals of these statements to the County Board of Supervisors.  Statements for all other designated employees shall be retained by Rainbow Municipal Water District. 

Any public officials who manage public investments shall be considered non-designated positions under Government Code section 87200 and shall make the disclosures required by law.  Originals of all Statements of Economic Interest filed by non-designated positions will be maintained at the District office.

Appendix A

Rainbow Municipal Water District Conflict of Interest Code

Preamble

Any person designated in Section I of this Appendix who is unsure of any right or obligation arising under this Code may request a formal opinion or letter of advice from the FPPC or an opinion from Rainbow Municipal Water District’s General Counsel.  (Gov. Code § 83114; 2 CCR § 18730(b)(11).)  A person who acts in good faith in reliance on an opinion issued to them by the FPPC shall not be subject to criminal or civil penalties for so acting, provided that all material facts are stated in the opinion request.  (Gov. Code § 83114(a).)

Opinions rendered by General Counsel do not provide any statutory defense to an alleged violation of conflict of interest statutes or regulations.  The prosecuting agency may, but is not required to, consider a requesting party’s reliance on General Counsel’s opinion as evidence of good faith.  In addition, Rainbow Municipal Water District may consider whether such reliance should constitute a mitigating factor to any disciplinary action that Rainbow Municipal Water District may bring against the requesting party under Government Code section 91003.5.

Part I - Designated Positions

Designated Employees

Categories Disclosed

Members of the Board of Directors                                                         All

General Manager                                                                                                 All

General Counsel                                                                                                   All

Engineering and Capital Improvement Program Manager         All

Operations Manager/Deputy Operations Manager                       All

Administrative Services Manager                                                             All

Information Technology Manager                                                            All

Construction & Maintenance Operations Supervisor                 All

Wastewater Superintendent                                                                      All

Wastewater Supervisor                                                                                 All

Senior Engineer/Engineer/Associate Engineer                               All

Senior Accountant                                                                                            All

Purchasing & Inventory Control Specialist I/II                                 All

Purchasing & Facilities Lead                                                                        All

Senior Risk Management Officer/Safety and Risk Management Officer

/Safety and Risk Management Analyst                                                  All

Senior Engineering Inspector                                                                      All

Cross Connection Control and Backflow Technician                   All

Information Technology and Applications Analyst and

Senior Information Technology and Applications Analyst        All

Information Systems Specialist I/II/III                                                  All

Senior Project Manager/Project Manager                                         All

Administrative Analyst I/II/Management Analyst                        All

Meter Services Supervisor                                                                          All

Customer Service Supervisor                                                                    All

Customer & Meter Services Supervisor                                              All

Construction and Meters Supervisor                                                   All

[1]Consultants                                      2

Part II – Non-Designated Positions

Finance Manager                                                                    Pursuant to Applicable Laws

Standing District Committee Members                                            2

Auditor                                                                                                                 2

Part III - Disclosure Categories

 Category 1.

A designated employee or person in this category shall report all interests in real property, and investments in, and income from, business entities of the type to operate or provide any of the following:

Accounting or auditing services

Banks and savings and loans

Computer hardware or software, or computer services or consultants

Communications equipment or services

Insurance brokers and agencies

Insurance adjusting, claims auditing or administration, or underwriting services

Office equipment or supplies

Personnel and employment companies and services

Printing or reproduction services, publications, and distribution

Securities, investment or financial services companies

Title insurance and escrow

Construction supplies, service or equipment

Engineering and surveying services

Land development services

Category 2.

A designated employee in this category shall disclose all business positions in, investments in, and income from any business of the type to provide personnel, services, supplies, material, machinery, or equipment to Rainbow Municipal Water District and is associated with the job assignment or position of the designated employee or person.

Appendix B

Statement of Duties of Employees and Consultants to Rainbow Municipal Water District

Members of the Board of Directors

The Board of Directors acts as the Rainbow Municipal Water District’s governing body.  Members of the Board of Directors formulate general policy and programs of Rainbow Municipal Water District, and each member of the Board of Directors is therefore designated.

General Manager

General Manager oversees the day-to-day operations of Rainbow Municipal Water District and participates in the formulation and implementation of the policies and programs of Rainbow Municipal Water District and is therefore designated.

General Counsel

General Counsel, currently hired on a contract basis, advises Rainbow Municipal Water District on its day-to-day activities, including its relationships with the independent contractors who serve in a staff capacity to Rainbow Municipal Water District, and compliance with applicable laws and regulations.  General Counsel participates in the formulation and implementation of the policies and programs of Rainbow Municipal Water District and is therefore designated.

Finance Manager

An employee of the Rainbow Municipal Water District, the Finance Manager is Rainbow Municipal Water District’s Chief Financial Officer and helps manage the finances of Rainbow Municipal Water District.  The Finance Manager makes reports from time to time on the financial results of operations of Rainbow Municipal Water District and recommends fiscal policies to the Board of Directors.  The Finance Manager “manages public investments” within the meaning of applicable regulations and is therefore not designated.

Engineering and Capital Improvement Program Manager

The Engineering and Capital Improvement Program Manager provides oversight of engineering services to Rainbow Municipal Water District, including implementation of capital replacement projects and participates in the formulation of Rainbow Municipal Water District’s general policies and programs in the area of engineering and is therefore designated.

Operations Manager

The Operations Manager oversees the operation and maintenance of the water and wastewater lines and structures, participates in the formulation of Rainbow Municipal Water District’s general policies and programs in the area of operations and maintenance and is therefore designated.

Administrative Services Manager

The Administrative Services Manager plans, directs and oversees the following programs and activities: human resources; risk management and safety; labor relations; public relations, community outreach, and educational programs and is therefore designated.

Information Technology Manager

The Information Technology Manager manages Rainbow Municipal Water District’s information technology staff, services and systems, user support, specific applications support, hardware and software installation, troubleshooting and maintaining computer systems, telephony, and mobile services.  This position also supervises the purchasing, inventorying, maintenance and the disposing of computing and communication devices, hardware and software and is therefore designated. 

Construction & Maintenance Supervisor

The Construction/Maintenance Supervisor has supervisorial responsibilities to direct and oversee the Construction Division.  This position coordinates and manages the installation, maintenance and repair of water mains, service lines, fire hydrants and other related appurtenances used in the District water distribution, treatment and storage facilities and is therefore designated.

Water Operations Supervisor

The Water Operations Supervisor has supervisorial responsibilities to direct and oversee the Water Operations Division.  This position will coordinate and manage the installation, maintenance, repair and operation of District water distribution, treatment, pumping and storage facilities and is therefore designated.

Wastewater Superintendent/Wastewater Supervisor

The Wastewater Superintendent and Wastewater Supervisor positions have managerial responsibility to direct and oversee the Wastewater Division.  This position coordinates and manages the repair, maintenance and operation of the wastewater pumping and collection system as well as may assist with installation, maintenance and repair of water distribution facilities and is therefore designated.

Senior Engineer/Engineer/Associate Engineer

The Senior Engineer, Engineer, and Associate Engineer position performs a variety of routine and semi-routine professional level civil engineering work in the research, design and construction of water and sewer capital improvement and construction projects as well as reviews development plans and is therefore designated.

Senior Accountant

The Senior Accountant performs highly complex and professional accounting and financial analysis to provide accurate and timely financial statements and reports to management, the Board, other government agencies, and the public and serves as a subject matter expert and is therefore designated.

Purchasing & Inventory Control Specialist I/II

The Purchasing & Inventory Control Specialist I/II has responsibility for all functions associated with the warehouse including purchasing, receiving and inventory control and administration of the office cleaning contract as well as maintaining inventory of parts and supplies and is therefore designated.

Purchasing & Facilities Lead

The Purchasing & Facilities Lead has responsibility for all functions associated with purchasing, receiving, inventory control, maintaining inventory of parts and supplies, janitorial services, and building and grounds facilities maintenance contracts, and is therefore designated.

Senior Risk Management Officer/Safety and Risk Management Officer/Safety and Risk Management Analyst

The Senior Risk Management Officer, Safety and Risk Management Officer, and Risk Management Analyst positions have responsibility for the planning and administration of the District programs and services related to safety, security, emergency preparedness, environmental compliance functions, property and liability insurance and processing liability, worker’s compensation, and property claims and is therefore designated.

Senior Engineering Inspector

The Senior Engineering Inspector performs highly specialized and complex public works construction inspection work. This position acts as the District’s representative on the construction site for the expressed intent of enforcement of District construction standards and regulations and is therefore designated. 

Cross-Connection Control and Backflow Technician

The Cross-Connection Control and Backflow Technician performs a variety of work in connection with implementing and enforcing the cross-connection control programs including the Backflow Prevention Program, inspects, tests, and repairs backflow devices, and creates and submits results, records, and related documentation and is therefore designated.

Information Technology and Applications Analyst /Senior IT and Applications Analyst

The Senior Information Technology and Applications Analyst/Senior Information and Applications Analyst position monitors, maintains, troubleshoots, and diagnoses hardware, software, database and network problems and identifies courses of action and is therefore designated.

Information Systems Specialist I/II/III

The Information Systems Specialist I/II/III provides technical assistance to end users of computer hardware, software, printers, and mobile devices and assists in configuring and administering Rainbow Municipal Water District’s electronic records management system and is therefore designated.

Senior Project Manager/Project Manager

The Senior Project Manager and Project Manager position manages Capital Improvement Projects (CIP) and development projects related to the design and construction of water and wastewater distribution and collection systems.  Manages projects from start to finish, from project planning to final inspection.  Coordinates with District staff, contractors, and other agencies to deliver projects and is therefore designated.

Administrative Analyst I/II/Management Analyst

 The Administrative Analyst I/II/Management Analyst series classification provides complex technical, analytical, administrative, and professional work within the assigned department.  May coordinate with District staff, contractors, customers, developers, and other agencies to deliver projects, as well as may support public relations, community outreach, and educational programs and is therefore designated.

Meter Services Supervisor

The Meters Services Supervisor supervises and participates in work related to water services, oversees the cross-connection control and backflow testing programs, tests water services including pressure regulators, water meters, meter boxes, backflow devices and associated appurtenances, and responds to escalated customer service inquiries regarding customer water use and water service issues and is therefore designated.

Customer Service Supervisor

The Customer Service Supervisor oversees activities and staff in the Customer Service Department, handles complex and escalated customer service issues and educational programs and is therefore designated.

Customer & Meter Services Supervisor

 Oversees activities and staff in both the Customer Service and Meter Services functions. Handles complex and escalated customer service issues, supervises water service operations including meter testing, pressure regulators, and backflow devices, and manages cross-connection control and backflow testing programs. Provides customer education and ensures effective response to water service inquiries and concerns.

Construction and Meters Supervisor

            The Construction and Meters Supervisor directs and oversees the Construction and Meters Divisions.  This position participates in work related to water services, oversees the cross-connection control and backflow testing programs, as well as coordinates and managers the installation, maintenance and repair of water mains, service lines, fire hydrants, and other related appurtenances used in the District water distribution, treatment and storage facilities and is therefore designated.

Auditor

Rainbow Municipal Water District has contracted with one or more accounting firms to handle financial audits of Rainbow Municipal Water District’s finances and investments.  These firms implement decisions of the Rainbow Municipal Water District’s Board of Directors.  Because these auditors’ duties are restricted in the manner described herein, they do not participate in the formulation and implementation of the policies and programs of Rainbow Municipal Water District, and also do not “manage public investments” within the meaning of applicable regulations; therefore, the Auditor(s) shall be considered non-designated positions and will file Statements of Economic Interest forms with the District only for public review and information purposes.

Standing District Committee Members

A member or alternate committee member of a Rainbow Municipal Water District standing committee serves at the pleasure of the Board.  These committees are advisory to the Board with regard to matters within their respective areas of responsibility.  A committee has jurisdiction to consider and make a recommendation to other committees and to the Board regarding any item of business within the responsibility of the committee.  Committee recommendations shall be communicated to the Board.  A committee may consider other matters referred to it by the Board.  Therefore, standing district committee members shall be considered non-designated positions and will file Statements of Economic Interest forms with the District only for public review and information purposes.

    [1]            With respect to consultants, the General Manager may determine in writing that a particular consultant, although a “designated employee,” is hired to perform a range of duties that is limited in scope and thus is not required to comply with the written disclosure requirements described in these categories.  Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements.  The General Manager’s determination is a public record and shall be retained for public inspection by Rainbow Municipal Water District in the same manner as this Conflict of Interest Code.  Nothing herein excuses any such consultant from any other provision of this Conflict of Interest Code.