HomeMy WebLinkAbout4 Conflict of Code Agenda Item # 4 & 5
R. E - wi
Public Utility District
Memorandum
To: Board of Directors
From: Peter Holzmeister
Date: October 27, 2006
Subject: Ordinance amending the District's Conflict of Code
Why this matter is before the Board: Two matters appear on the agenda related to this
issue. First, a public hearing is scheduled. Second, an action item appears for the Board to
consider adoption an ordinance. We are in the process of complying with the state law
requirement to review our conflict of interest code biennially. This will require adoption of an
amended ordinance which requires Board action.
History: We are required to review our Conflict of Interest Code biennially. It is time to do so.
We have been reviewing the Code and adopting amendments for several years as required
by changes in staff at the District. As we reported to you at an earlier meeting, we reviewed
changes in staff at the District and believe that three relatively new positions should be added
to the Code, thus requiring them to submit annual disclosure forms. The three positions to be
added are the Associate Water Engineer, the Associate Electrical Engineer and the Finance
and Accounting Manager.
New information: Attached for your review is a copy of the District draft Conflict of Interest
Code accomplishing the suggested amendment and the draft ordinance. Both documents
were submitted to the effected employees and the public hearing was advertised.
Recommendation:
1. The Board needs to conduct a public hearing on the draft ordinance
2. At the conclusion of the Public hearing, I recommend that the Board adopt the ordinance
amending the District's Conflict of Interest Code.
CHAPTER 2.52
I
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, 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) 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
he
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 POSITION17 OR SOURCE OF INCOME, OR REAL
PROPERTY DISCLOSURE
Support Services Manager, Executiv7Secretary, 1. Motor vehicles and specialty
Electric Superintendent, Water Sup vehicles and parts therefore.
Buyer/Clerk, Electric Engineer, Wa2. Construction and building
Engineer, Power Supply Engineer, Director of materials.
Telecommunications, Geographic Information 3. Petroleum products.
System Coordinator, Water Utility Manager, 4. Pipes,valves,fittings, pumps,
Electric Utility Manager, Assistant General meters, etc.
Manager, Senior Accountant/Accounting Analyst,, 5. Transformers, poles,towers,
wire, meters, cable, conduit, etc.
Accounting and Finance Manager, 6 Office supplies and equipment.
Associate Water Engineer and 7. Construction and building
Associate Electrical Engineer. materials.
U. 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.
g. Real property.
g. 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.
g. Water quality testing.
g. 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 1. Real property.
consultants
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 roceedin .
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 9/20/93 by MO93-194; amended 12/4/96 by
Resolution 9633; amended by Ord 2000-02; amended by Ord 2002-05; amended by Ord 2003-02)
bhc 4/16/03
KEONNER
publi(: Utility District
ordinance No. 2006 - XX
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 has created some new positions; 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 November 1, 2006.
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 1st day of November 2006 by the following roll call vote:
AYES:
NOES:
ABSENT:
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By
J. Ron Hemig, President
ATTEST
Peter L. Holzmeister, District Clerk