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Home My WebLink AboutRES 2021-15 - Board 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: Directors, Bender, Harris, Aguera, Vice President Laliotis NOES: ABSTAIN: ABSENT: President Finn TRUCKEE DONNER PUBLIC UTILITY DISTRICT By: ____________________________________ Tony Laliotis, Vice President ATTEST: ____________________________________ Shanna Kuhlemier, District Clerk DocuSign Envelope ID: 99B4D368-D555-48E1-AD2A-AE59A96C3C0F {00571477.DOC 1 }1 Title 2, Administration 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 or written advice regarding their filing 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 DocuSign Envelope ID: 99B4D368-D555-48E1-AD2A-AE59A96C3C0F {00571477.DOC 1 }2 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 1 District Clerk 1 Human Resource Manager or Director 1 Finance and Accounting Manager 2 Buyer/Clerk 2 Contract Administrator 3 Customer Services Manager 3 IT Director / Chief Information Officer 3 IT or SCADA Engineer 3 Senior Accountant/ Analyst 3 Conservation Analyst 3 Electric Engineering Manager 3 Electric Engineer 3 Electric Operations Manager or Assistant 3 Water Engineer 3 Water Operations Manager or Superintendent 3 Water System Engineer 3 Consultants/New Positions * *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; DocuSign Envelope ID: 99B4D368-D555-48E1-AD2A-AE59A96C3C0F {00571477.DOC 1 }3 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. DocuSign Envelope ID: 99B4D368-D555-48E1-AD2A-AE59A96C3C0F Designated Position Assigned Disclosure Category Proposed Change Justification Administrative Services Manager/Chief Financial Officer 1 N Administrative Services Manager 1 R Now Administrative Services Manager/Chief Financial Officer Assistant General Manager 1 NC Attorney 1 NC Assistant General Manager /Electric Utility Manager / Power Supply Engineer 1R Now Electric Utility Director/Power Supply Engineer Electric Utility Director/Power Supply Engineer 1 N Public Information and Conservation Manager 1 A Public Information and Strategic Affairs Director 1 N Water Utility Director N Water Utility Manager 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 IT/IS/GIS Operations Manager 3 R Now Information Technology Director/CIO Information Technology Director/CIO 3 N IT/SCADA Engineer 3 R IT or SCADA Engineer N The dash previously used should be an "or" Senior Accountant / Anaylst 3 NC Conservation Program Administrator 3 R Now Conservation Analyst Conservation Analyst 3 N Electric Engineering Manager 3 N Electric Engineer 3 NC Electric Superintendent 3 R Now Electric Operations Manager and Assistant Electric Operations Manager R = Renamed CC = Category Changed (position assigned to a different category – justification included) 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 DocuSign Envelope ID: 99B4D368-D555-48E1-AD2A-AE59A96C3C0F Electric Operations Manager or Assistant Electric Operations Manager 3N Electric System Engineer 3 NC Water Engineer 3 NC Water Superintendent 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 *NC DocuSign Envelope ID: 99B4D368-D555-48E1-AD2A-AE59A96C3C0F