HomeMy WebLinkAbout8 Conflict of Interest code Agenda Item #
Memorandum
To: Board of Directors
From: Peter L. Holzmeister
Date: March 14, 2003
Date of Board Meeting: March 19, 2003
Subject: Conflict of Interest Code
1. WHY THIS MATTER IS BEFORE THE BOARD
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 and the
Code of Regs.
2. HISTORY
Every two years, the District is required by the Policital Reform Act to review its conflict
of interest code and amend it if necessary. The District revised the Conflict of Interest
Code in September 2002.
Once the District revises the code, it must follow and a suggested schedule set forth below.
A. Procedure
1. Review the proposed changes with the Board of Directors and confirm the need
to amend the code.
2. Notify the Fair Political Practices Commission (FPPC)that the District will be
amending its confiict of interest code within 90 days (of the date that the notice is
sent to the FPPC),
3. Prepare a draft amendment and submit it to the Board, any effected employee
and the public for review.
4. Conduct a public hearing and adopt the amended code.
5. Submit the amended code to the FPPC.
B. Suggested Schedule
1. March 19, 2003— Board Meeting —Agendize the revision of the biennial review
of the conflict of interest code for Board discussion and possible action.
2. March 20, 2003 — Notify the FPPC of the District intent to amend its code and
submit the draft amendment of any effected employee and to the public for
review.
3. April 2, 2003 — Board Meeting
A. 5 PM —Close the public comment period.
B. 7:00 PM — Conduct a public hearing and adopt the amended code.
4. Send the amended code to the FPPC
3. NEW INFORMATION
Attached is a draft of the amended code, which includes the addition of"Government
Code Seciton 8100", "et seq., 2 Cal. Code of Regs. 18730", and a change in the section
number from 2.52.03 to 2.52.015.
4. RECOMMENDATION
I recommend that the Board:
(1) authorize the General Manager to notify the Fair Political Practices Commission that the
District intends to amend its conflict of interest code;
(2) submit the draft amendment to effected employees and advertise it for public review;
and
(3) schedule a public hearing on the draft amendment for April 2, 2003 at 7:00 PM.
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 8100, 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 of Reps. 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 2.52.0158:.3 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 11 are disciosable if:
2.52.010.2(A) The business entity in which the investment or business position is held orthe 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 disciosabie 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.
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