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HomeMy WebLinkAboutRES 2013-02 Adopting Amendments to District CodeResolution No. 2013 - 02 ADOPTING AMENDMENTS TO THE DISTRICT'S CONFLICT OF INTEREST CODE WHEREAS, the Board of Directors of the Truckee Donner Public Utility District wishes to amend the District Conflict -of -Interest Code; and 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 Conflict -of -Interest Code must be reviewed bi-annually and includes a list of directors, officers, employees and consultants who are required to disclose certain financial interests and a list of those interests that must be disclosed; and WHEREAS, the Board reviewed the proposed changes to the Conflict -of -Interest Code on September 5, 2012 and on November 7, 2012; and WHEREAS, a 45 day comment period was established on November 7, 2012 to consider public input on the proposed changes to the Conflict -of -Interest Code; and. WHEREAS, the IT/SCADA Engineer has been added as a new position and is required to disclose certain financial interests; and WHEREAS, the title for Geographic Information System Coordinator has been changed to IT/GIS Operations Manager; and WHEREAS, additional changes were required to prevent people from having to disclose financial interests that are beyond the scope of their duties and responsibilities with the District; and WHEREAS, the District has available at its office all the information upon which the proposed amendments to the Conflict -of -Interest Code are based; and NOW THEREFORE, BE IT RESOLVED, that the Board of Directors does hereby adopt the amended Conflict -of -Interest Code, located in District Code Title 2, Administration, Chapter 2.52. 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 20th day of February 2013 by the following roll call vote: AYES: Directors Bender, Ellis, Hemig and Laliotis ABSTAIN: None NOES: None ABSENT: Director Aguera TRUCKEE DO PUBLIC UTILITY DISTRICT By Bender, President ATTEST: M Michael D. Holley, Clerk of the Board CHAPTER 2.52 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 Attachment 1tr Formatted: Left: 0.8", Right: 0.7", Top: 0.7", Bottom: 0.7" 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 2.52.0105 — 2,52.020 designating e#+sials andpositions 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. L Formatted: Font: Bold - Formatted: Font: Bold Formatted: Font: Bold Attachment 1 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 tower 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 Designated Position Assigned Disclosure Cateoo Administrative Services Manager 1 Assistant General Manager 1 Attorney 1 Electric Utility Manager/Power Supply Engineer/GIS 1 Public Information and Conservation Manager 1 Water Utility Manager 1 Technical Programs Administrator 1 Finance and Accounting Manager 2 GeasaltawtS Buyer/Clerk 2 Contract Administrator 3 Customer Services Manager 3 IT/ GIS GeeFdiRaterOperations Manager 3 IT/SCADA Engineer 3 Senior Accountant/ Analyst 3 Conservation PF9graFn Administrator Electric Engineer 3 Electric Superintendent 3 Electric System Engineer 3 Water Engineer 3 Water Superintendent 3 Formatted: Font: Not Bold Formatted: Font: Not Bold CHAPTER 2.52 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 Attachment 1- Formatted: Left: 0.8", Right: 0.7", Top: 0.7", Bottom: 0.7" 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 2.52.0105 - 2.52.020 designating effiGials and positions and establishing disclosure requirements shall constitute the conflict -of -interest code for the Truckee Donner Public Utility District (District). Formatted: Font: Bold 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 Formatted: Font: Bold reproduction (Gov. Code §81008). Statements for all designated positions will be retained by the`Dlstrlct. Formatted: Font: Bold I Attachment 1 Water System Engineer Consultants/New Positions *Consultants and New Positions shall be included in the list of designated enpleyees andpositions and shall disclose pursuant to the broadest d9isclosure rRequirements in the -this Conflict-of-InterestGede, subject to the following limitations_. -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 thise conflict -of -interest code. (Gov Code Sec. 81008) BC. Disclosure Category Itl Individuals holding designated positions in Disclosure Category Itl 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 ageaeyDistrict; 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, but not limited +^: 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, ' . edasatieaalincluding: 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 ageasyDistrict, 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, but not limited to: legal, financial, public relations, labor relations, and energy. CO. Disclosure Category H42 Individuals holding designated positions in Disclosure Category 2 41- —must report their investments and business positions in business entities, and income, including receipt of loans, gifts, and travel payments, from sources, that: provide sewiees, supplies, teF*a! f Attachment 1 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 energv 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; q) provide consulting services, including: legal financial public relations labor relations, and energy. D. Disclosure Category 3 Formatted: Font: Anal, Bold 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. 6o 3 A Attachment 1 Water System Engineer 3 Consultants/New Positions *Consultants and New Positions shall be included in the list of designated employees aadpositions and shall disclose pursuant to the broadest dBisclosure rRequirements in the -this Conflict-of-InterestGede, subject to the following limitations_. -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 thise conflict -of -interest code. (Gov Code Sec. 81008) BC. Disclosure Category Itt Individuals holding designated positions in Disclosure Category I4 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 ageasyDistrict; 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, but not limited t : 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, O^^'uding but lim. at^d '^: edasatieaalincludinct: 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 agepGyDistrict, including solar and renewable power; e) engage in the business of brokering, acquiring, leasing, marketing, disposing, or owning real property;-Gr f) provide engineering, energy, or environmental assessment reports including those relating to pricing and demand,- g) provide consulting services, including, but not limited t : legal, financial, public relations, labor relations, and energy. CO. Disclosure Category 4112 Individuals holding designated positions in Disclosure Category 2 11--must report their investments and business positions in business entities, and income, including receipt of loans, gifts, and travel payments, from sources, that; PFOVide SeNOG86, supplies, MatKials, Attachment 2 CHAPTER 2.52 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. Attachment 2 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 Designated Position Assigned Disclosure Category Administrative Services Manager 1 Assistant General Manager 1 Attorney 1 Electric Utility Manager/Power Supply Engineer/GIS 1 Public Information and Conservation Manager 1 Water Utility Manager 1 Technical Programs Administrator 1 Finance and Accounting Manager 2 Buyer/Clerk 2 Contract Administrator 3 Customer Services Manager 3 IT/GIS Operations Manager 3 IT/SCADA Engineer 3 Senior Accountant/ Analyst 3 Conservation Administrator 3 Electric Engineer 3 Electric Superintendent 3 Electric System Engineer 3 Water Engineer 3 Water Superintendent 3 Water System Engineer 3 Consultants/New Positions *Consultants and New Positions shall be included in the list of designated and shall disclose pursuant to the broadest disclosure requirements positions in this Conflict -of -Interest, subject to the following limitation: The General Manager may determine, in writing that a particular consultant or new position, "designated although a 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 Attachment 2 CHAPTER 2.52 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. Attachment 2 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) Bo 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; 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. Co 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. Attachment 2 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 1 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. Attachment 2 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; 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.