HomeMy WebLinkAbout10 Conflict of Interest Code Changesr
MEETING DATE
To:
FROM:
SUBJECT:
RECOMMENDATION:
AGENDA ITEM# 10
September 1, 2021
Board of Directors
Shanna D. Kuhlemier, District Clerk
Consideration to Adopt Changes to the Districts Conflict of
Interest Code
APPROVED BY
Brian C. Wright, General Manager
Adopt Resolution 2021-15 amending the Districts Conflict of Interest Code, located in
District Code Title 2.
DISCUSSION:
The Fair Political Practices Commission (FPPC) is a state agency established under the
Political Reform Act (PRA). Responsible for the impartial, effective administration and
implementation of the Political Reform Act, the FPPC creates regulations, manuals, and
forms to implement the Act. Part of the PRA is for certain public positions and elected
officials to file a statements of economic interest (Form 700) and other election forms as
needed. The statements of economic interests are the public's access to information law
regarding financial interest of officials including disclosure of economic interest of decision
makers. Earlier this year, as part of the AB1234 or Ethics Training, the PRA and
statements of economic interests including gift limitations, candidate disclosures, and
contributions was a module covered in detail.
Part of the PRA requires public agencies to adopt through policy its own conflict of interest
code for public employees to also file statements of economic interest or Form 700.
Furthermore, the California Political Reform Act requires every multi -county agency to
review its Conflict -of -Interest Code every two years, and make updates as needed. The
last update completed by the District was in 2014 and reviewed without any changes in
2016 and 2018. In 2020, the most recent two year review, there were a number of job titles
Page 1 of 2
identified as being candidates for updating. As a note, during the COVID-19 pandemic,
FPPC staff started the review in 2020 but did not complete the review until 2021.
Upon completion of the review District staff sent an update request to Fair Political
Practices Commission (FPPC) for consideration of the changes outlined in Attachment A.
The FPPC has approved all changes and requested we move forward with a 45 day staff
review period before adopting any changes. The 45 day staff review period ended August
2, 2021, during which time no comments or objections were received. The notices to staff
were sent via email and posted throughout the District.
The final step to updating the Districts Conflict of Interest Code with the FPPC is adopting
the code changes allowing for District Code Chapter 2.526 to be updated.
Given there are no staff objections, and the FPPC is in agreement with the proposed
changes, it is staff's recommendation that the Board of Directors adopt Resolution 2021-15
amending the Districts Conflict of Interest Code, located in District Code Title 2.
FISCAL IMPACT:
There is no material fiscal impact associated with this item.
ATTACHMENTS:
Attachment A — Draft of Conflict of Interest Code Changes
Attachment B - Resolution 2021-15
Page 2 of 2
CHAPTER 2.52 (Res 2009-09, 2013-02)
CONFLICT OF INTEREST
Sections:
2.52.010 District's Conflict of Interest Code
2.52.015 Officials Who Manage Public Investments
2.52.020 Disclosure Categories and Designated Positions
2.52.010 District's Conflict of Interest Code 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 of Regs. 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 Fair Political Practices
Commission to conform to amendments in the Political Reform Act. Therefore, the terms of
2 California Code of Regulations Section 18730 and any amendments to it duly adopted by
the Fair Political Practices Commission are hereby adopted and incorporated by reference.
This regulation and Sections 2.52.010 — 2.52.020 designating positions and establishing
disclosure requirements shall constitute the conflict -of -interest code for the Truckee Donner
Public Utility District (District).
2.52.010.1 Place of Filing Individuals holding designated positions shall file their
statements with the District, which will make the statements available for public inspection
and reproduction (Gov. Code §81008). Statements for all designated positions will be
retained by the District Clerk.
2.52.015 Officials Who Manage Public Investments The following positions are not
covered by this conflict -of -interest code because those individuals holding these positions
must file a statement of economic interests pursuant to Government Code Section 87200.
These positions are listed for informational purposes only:
• Members of the Board of Directors
• General Manager
• District Treasurer
• Assistant Treasurer
• Consultants (Those that invest public funds
An individual holding one of the above -listed positions may contact the Fair Political
Practices Commission for assistance orwritten advice regarding theirfiling obligations if they
believe that their position has been categorized incorrectly. The Fair Political Practices
Commission makes the final determination whether a position is covered by Government
Code Section 87200.
2.52.020 Designated Positions and Disclosure Categories
A. Designated Positions
{00571477.DOC 1 }'I Title 2, Administration
Designated Position Assigned Disclosure Category
Administrative Services Director/ Chief Financial Officer1
Assistant General Manager 1
Attorney 1
Electric Utility Director/Power Supply Engineer 1
Public Information Strategic Affairs Director 1
Water Utility Director
District Clerk
Human Resource Manager or Director
Finance and Accounting Manager
Buyer/Clerk
Contract Administrator
Customer Services Manager
IT Director / Chief Information Officer
IT or SCADA Engineer
Senior Accountant/ Analyst
Conservation Analyst 3
Electric Engineering Manager
Electric Engineer
Electric Operations Manager or Assistant
Water Engineer
Water Operations Manager or Superintendent
Water System Engineer
Consultants/New Positions
2
2
3
3
3
3
3
3
3
3
3
Ec3
3
*Consultants and New Positions shall be included in the list of designated positions and shall
disclose pursuant to the broadest disclosure requirements in this Conflict -of -Interest, 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 is not required to fully comply with the disclosure requirements described in this
section. 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. (Gov Code Sec.
81008)
B. Disclosure Category I
Individuals holding designated positions in Disclosure Category I must report their interests
in real property located within the jurisdiction or within two miles of the boundaries of the
jurisdiction or within two miles of any land owned or used by the District; investments and
business positions in business entities, and income, including receipt of loans, gifts, and
travel payment, from sources, that:
a) provide supplies, materials, machinery, equipment, or vehicles of the type utilized
by the District, including: motor and specialty vehicles and parts, petroleum
products, construction and building materials (e.g. transformers, poles, wire,
cable, pipes), and solar and renewable energy products;
{00571477.DOC 1 )2 Title 2, Administration
b) are contractors providing services utilized by the District, including: educational
and medical services, information technology, insurance, engineering, energy
pricing, legal, and billing and collection;
c) are persons with a permit pending before the District;
d) are utility companies or sources that supply power to the District, including solar
and renewable power;
e) engage in the business of brokering, acquiring, leasing, marketing, disposing, or
owning real property;
f) provide engineering, energy, or environmental assessment reports including those
relating to pricing and demand;
g) provide consulting services, including: legal, financial, public relations, labor
relations, and energy.
C. Disclosure Category 2
Individuals holding designated positions in Disclosure Category 2 must report their
investments and business positions in business entities, and income, including receipt of
loans, gifts, and travel payments, from sources, that:
a) provide supplies, materials, machinery, equipment, or vehicles of the type utilized
by the District, including: motor and specialty vehicles and parts, petroleum
products, construction and building materials (e.g. transformers, poles, wire,
cable, pipes), and solar and renewable energy products;
b) are contractors providing services utilized by the District, including: educational
and medical services, information technology, insurance, engineering, energy
pricing, legal, and billing and collection;
c) are persons with a permit pending before the District;
d) are utility companies or sources that supply power to the District, including solar
and renewable power;
e) engage in the business of brokering, acquiring, leasing, marketing, disposing, or
owning real property;
f) provide engineering, energy, or environmental assessment reports including those
relating to pricing and demand;
g) provide consulting services, including: legal, financial, public relations, labor
relations, and energy.
D. Disclosure Category 3
Individuals holding designated positions in Disclosure Category 3 must report their
investments and business positions in business entities, and income, including receipt of
loans, gifts, and travel payments, from sources, that provide services, supplies, materials,
machinery, equipment, or vehicles of the type utilized by the department to which the filer
has been assigned.
{00571477.DOC 1 )3 Title 2, Administration
Key
A = Abolished (position no longer exists)
D = Deleted (position has been removed from the code —justification included)
M = Moved (position included in a different department)
N = New (position created since last code amendment)
NC = No Change
R = Renamed
CC = Category Changed (position assigned to a different category —justification included)
Assigned
Disclosure
Designated Position CategoryProposed
Administrative Services Manager/Chief Financial
Officer 1 N
n,+.. iRistrati„e con„Ges MaRa a
1
R
Now Administrative Services Manager/Chief
Financial Officer
Assistant General Manager
1
NC
Attorney
1
NC
ssmstten+ general der / Electric Ut44 der /
Power Supply Engineer
1
R
Now Electric Utility Director/Power Supply
Engineer
Electric Utility Director/Power Supply Engineer
1
N
1A
Public Information and Strategic Affairs Director
1
N
Water Utility Director
N
Water Utility MaRa er
1
R
Now Water Utility Director
Special Project Administrator
1
NC
Finance and Accounting Manager
2
NC
Buyer
2
NC
Contract Administrator
3
NC
Customer Services Manager
3
NC
3
R
Now Information Technology Director/CIO
Information Technology Director/CIO
3
N
IT/SGAIDA C.,giReor
3
R
IT or SCADA Engineer
N
The dash previously used should be an "or"
Senior Accountant / Anaylst
3
NC
GGRseF„ati n Program n,+.. iRistrat r
3
R
Now Conservation Analyst
Conservation Analyst
3
N
Electric Engineering Manager
3
N
Electric Engineer
3
NC
€leetr e Superintendent
3
R
Now Electric Operations Manager and
Assistant Electric Operations Manager
Electric Operations Manager or Assistant Electric
Operations Manager
3
N
€leefFiG System Rg,Teel
3
NC
Water Engineer
3
NC
Water S ono RteRdor+
3
R
Water Operations Manager OR Superintendent
3
N
Now Water Operations Manager - left "or"
Superintendent for future growth opportunities
Water System Engineer
3
NC
Consultants/New Positions
INC
Resolution No. 2021 - 15
ADOPTING AMENDMENTS TO THE DISTRICT CODE
TITLE 2 CHAPTER 2.52
WHEREAS, the Board of Directors of the Truckee Donner Public Utility District wishes
to amend the District Code Title 2 Chapter 2.52; and
WHEREAS, the District Code provides rules and regulations intended to convey a
comprehensive description of the manner in which the District operates; and
WHEREAS, periodically, the District Code should be reviewed and updated to conform
to District Board directives, new applicable laws and regulations and improvements; and
WHEREAS, the Fair Political Practices Commission is an agency established under the
Political Reform Act (PRA) and reviews the District's conflict of interest code; and
WHEREAS, District staff has been given 45 days to comment on the Districts Code
changes with no objection noted; and
WHEREAS, the revised version of Title 2 Chapter 2.52 will bring the District's policies
up-to-date.
NOW THEREFORE, BE IT RESOLVED, that the Board of Directors does hereby repeal
any resolutions and ordinances effecting title 2.52 and; adopt the amended District
Code, Title 2 Chapter 2.52 as provided in Attachment A
PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public
Utility District in a meeting duly called and held within said District on the first day of
September, 2021 by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By:
Tony Laliotis, Vice President
ATTEST:
Shanna Kuhlemier, District Clerk