HomeMy WebLinkAbout6 Conflict of Interest Code Agenda Item #
Memorandum
To: Board of Directors
From: Peter L. Holzmeister
Date: April 11, 2003
Date of Board Meeting: April 16, 2003
Subject: Public Hearing on Conflict of Interest Code
1. WHY THIS MATTER IS BEFORE THE BOARD
We are required to hold a public hearing before we adopt the amended ordinance.
That public hearing is scheduled for 7:00 PM on April 16, 2003. At the conclusion of the
hearing, you should be ready to consider adoption of the ordinance.
2. HISTORY
The Fair Political Practices Commission rejected a portion of the District's Conflict of
Interest Code that was submitted to them in September 2002. They asked the District to
revise the Code to include specified language pertaining to Government Code 87100 et
seq and the 2 Cal. Code of Regs. 18730.
3. NEW INFORMATION
Attached is the portion of the Government code Chapter 7, Title 2 Division 6 California
Code of Regulations Section 18730 and a draft of the amended Conflict of Interest
Code.
4. RECOMMENDATION
I recommend that the Board conduct the public hearing and then adopt the ordinance
amending the District's Conflict of Interest Code.
III III UC . , DONNER
ilk 0 IM�II
Public Utility District
Ordinance No . 2003- XXX
AMENDING THE DISTRICT'S CONFLICT OF INTEREST CODE
WHEREAS, the Truckee Donner Public Utility District has had, for a number of years, a conflict of
interest code which it adopted as required by the Political Reform Act of 1974, Government Code
Section 81000, et. seq.; and
WHEREAS, the District was notified by the Fair Political Practices Commission that the District code
did not include specified language pertaining to Government Code 87100 et seq and Cal Code of
Regs 18730; and
WHEREAS, the result of these changes to the District's organization requires the District to amend its
conflict of interest code; and
WHEREAS, a portion of the District's conflict of interest code includes a list of directors, officers,
employees and consultants who must disclose certain financial interests and a list of those interests
that must be disclosed; and
WHEREAS, the financial interests in real property, business interests and positions and sources of
income which must be disclosed remain the same as in the current conflict of interest code; and
WHEREAS, the District has prepared a written explanation of the reasons for the designations and
disclosure responsibilities and has available at its offices all the information upon which the proposed
amendments to the conflict of interest code are based; and
WHEREAS, copies of the proposed amendments to the conflict of interest code have been made
available to interested persons and written comments concerning the proposed amendments have
been solicited; and
WHEREAS, a public hearing to receive comments before the District adopts the proposed
amendments to the conflict of interest code was held on April 16, 2003; and
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the District that the amended
conflict of interest code attached to this ordinance is hereby adopted.
PASSED AND ADOPTED by the Board of Directors at a meeting duly called and held within the
District on the sixteenth day of April 2003 by the following roil call vote:
AYES:
NOES:
ABSENT:
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By
J. Ron Hemig, Board President
ATTEST
Barbara H. Cahill, Deputy District Clerk
CHAPTER 2.52
CONFLICT OF INTEREST
Sections:
2.52.005 Financial Interests of Employees
2.52.010 District's Conflict of Interest Code
2.52.015 Officials Who Manage Public Investments
2.52.005 Financial Interests of Employees- It is the policy of the Board that no employee of the
District shall have any financial interest in any activity outside the Truckee Donner Public Utility
District which does business for profit with the Truckee Donner Public Utility District. (Resolution
8222 adopted in 1982)
2.52.010 District's Conflict of Interest Code - The Political Reform Act (Government Code
Section 87100, at seq.) requires state and local government agencies to adopt and promulgate
conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 Cal.
Code of Regs. 18730)which contains the terms of a standard conflict of interest code. After public
notice and hearing it may be amended by the Fair Political Practices Commission to conform to
amendments in the Political Reform Act.
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 adopted and incorporated by
reference. This regulation and Section 2.52.015 designating officials and employees and
establishing disclosure categories shall constitute the Conflict of Interest Code for the District.
2.52.010.1 Place of Filing - Designated employees shall file their statements with the Truckee
Donner Public Utility District, who will make the statements available for public inspection and
reproduction (Gov.Code§81008). Statements for all designated employees will be retained by the
TDPUD.
2.52.010.2 Investments and business positions in any business and sources of income listed in
Column II are disclosable if:
2.52.010.2(A) The business entity in which the investment or business position is held or the source
of income is of the type which within the last two years has contracted with the District; or
2.52.010.2(B) The business entity in which the investment or business position is held or the source
of income is of the type which within the last two years has contracted to furnish supplies or services
as subcontractors in any contract with the District.
2.52.010.3 Interests in real property are disclosable by a designated employee if listed in Column II
on the line applicable to his or her position.
2.52.015 Officials Who Manage Public Investments-No public official of the District,as specified
in Government Code Section 87200, shall make, participate in making or in anyway attempt to use
his or her official position to influence a government decision in which he or she knows or has
reason to know he or she has a financial interest in accordance with the Political Reform Act. Public
officials who manage public investments shall file a statement of economic interest to disclose his or
her financial interest in accordance with the Political Reform Act. It has been determined that the
positions listed below manage public investments and will file a statement of economic interest
pursuant to Government code Section 87200: (1) Directors, (2) General Manager and (3) District
Treasurer.
TYPE OF BUSINESS ENTITY, INVESTMENT
DESIGNATED POSITION OR SOURCE OF INCOME, OR REAL
PROPERTY DISCLOSURE
Support Services Manager, Executive Secretary, 1. Motor vehicles and specialty
Electric Superintendent, Water Superintendent, vehicles and parts therefore.
Buyer/Clerk, Electric Engineer, Water System 2. Construction and building
Engineer, Power Supply Engineer, Director of materials.
Telecommunications, Geographic Information 3. Petroleum products.
System Coordinator,Water Utility Manager,Electric 4. Pipes, valves, fittings, pumps,
Utility Manager,Assistant General Manager,Senior meters, etc.
Accountant/Accounting Analyst 5. Transformers, poles,towers,wire,
meters, cable, conduit, etc.
6. Office supplies and equipment.
7. Construction and building
materials.
8. Water quality testing.
9. Engineering services.
10. Legal and collection services.
11. Real property.
12. Newspapers.
13. Computer hardware and software.
14. Printing or reproduction.
15, Safety equipment and instruction
material.
16. Educational and medical services
and material.
CONTINUED
TYPE OF BUSINESS ENTITY, INVESTMENT
DESIGNATED POSITION OR SOURCE OF INCOME, OR REAL
PROPERTY DISCLOSURE
Planning Director 1. Motor vehicles and specialty
vehicles and parts therefore.
2. Construction and building
materials.
3. Pipes, valves, fittings, pumps,
meters, etc.
4. Transformers,poles,towers,wire,
meters, cable, conduit, etc.
5. Office supplies and equipment.
6. Engineering services.
7. Legal and collection services.
8. Real property.
9. Newspapers.
10. Computer hardware and software.
11. Printing or reproduction.
12. Safety equipment and instruction
material.
13. Educational and medical services
and material.
CONTINUED
Administration Services Manager
1. Motor vehicles and specialty
vehicles and parts therefore.
2. Construction and building
materials.
3. Petroleum products.
4. Pipes, valves, fittings, pumps,
meters, etc.
5. Transformers, poles,towers,wire,
meters, cable, conduit, etc.
6. Office supplies and equipment.
7. Construction and building
materials.
8. Water quality testing.
9. Engineering services.
10. Legal and collection services.
11. Real property.
12. Newspapers.
13. Computer hardware and software.
14. Printing or reproduction.
15. Safety equipment and instruction
material.
16. Educational and medical services
and material.
17. Insurance companies
Engineering consultants; architectural consultants 1. Real property.
2. Pipes, valves, fittings, pumps,
tanks, meters, etc.
3. Construction and building
materials.
Financial consultants; bond counsel 1. Real property.
2. Banks and savings and loans.
3. Retirement of bond proceeding.
Public relations contractors 1. Publications.
2. Printing and distribution.
Auditor, Attorneys and other non-specified 1. All of the above.
consultants*
2. Audit agreements and contracts.
*Consultants shall be included in the list of designated employees and shall disclose pursuant to the
broadest disclosure category in the code subject to the following limitation:
The General Manager may determine in writing that a particular consultant, although a"designated
position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply
with the disclosure requirements in this section. The General Manager shall make a determination as to what
disclosure, if any, is required by any particular consultant and when all persons who make or who participate in
making decisions for the firm shall be required to make disclosures. 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 in the same manner and location as this conflict of interest code.
(Ord. 8009, 8703, 8804; Res. 8811 -approved by FPPC on August 3, 1990; effective 9/12/90, amended by
Resolution No. 9242; amended on 12/7/92; amended on 9120/93 by MO93-194; amended 1214/96 by
Resolution 9633; amended by Ord 2000-02; amended by Ord 2002-05)
bhc 9/18/02