HomeMy WebLinkAbout12-2 Attch 2A #2 Administration for Board Mtg June 2012Attachment 2A
6/6/2012
TITLE 2
ADMINISTRATION
CHAPTERS:
2.01
Bylaws
2.02
Board of Directors and Officers
2.03
Ordinances
2.04
Board Meetings
2.08
Board Meeting Minutes
2.10
Public Hearings
2.12
Committees
2.16
Annual Budget
2.20
Board Vacancies
2.24
Parliamentary Procedure
2.28
Amendment of Bylaws
2.30
Notices
2.32
Relationships Among Officials
2.36
Payment of Expenses
2.40
Delegations from the Board of Directors to the General
Manager
2.44
Conditions of Employment for the General Manager
2.48
Performance Evaluation and Salary Adjustment for General
Manager
2.50
Retention and/or Destruction of Records
2.52
Conflict of Interest
2.56
Code of Conduct
2.58
Board Travel and Expense Policy
Sections:
2.01.010 Bylaws
CHAPTER 2.01
BYLAWS
2.01.010 Bylaws - Sections 2.02 through 2.28 below comprise the District's Bylaws.
Title 2, Administration
CHAPTER 2.02
BOARD OF DIRECTORS AND OFFICERS
Sections:
2.02.010 Quorum
2.02.020 Duties of Officers
2.02.010 Quorum Three members of the Board shall constitute a quorum. No business
shall regularly be entered upon until a quorum is present, nor shall business regularly be
proceeded with when the members are reduced below a quorum.
2.02.020 Duties of Officers In addition to the duties specified by applicable law and other
provisions of these rules, as well as resolutions and ordinances of the District, the officers of
the District shall have the following duties:
2.02.020.1 The President shall, when present, preside at all meetings of the District. The
President should cause an agenda to be prepared and distributed by the Clerk/Ex-officio
Secretary in advance of the meeting, which shall list each item of business or
correspondence to come before the meeting insofar as is known. The President shall act as
official spokesman of the Board at the discretion of the Board, execute contracts and other
documents on behalf of the District when authorized by the Board of Directors, and shall
perform such other duties as are assigned from time to time.
2.02.020.2 The Vice President shall perform the duties of the President in the absence or
disability of the President.
2.02.020.3 The District Manager shall function as the Clerk/Ex-officio Secretary of the Board
as well as performing all other acts and duties imposed by the Board.
In addition to those other acts and duties imposed by the Board, the Clerk/Ex-officio
Secretary of the Board shall be entitled to:
a) Schedule and call a special meeting of the Board of Directors if he determines
that it is necessary to do so and if he is unable to contact the President of the
Board regarding the need to call such a meeting.
b) Cancel any regular or special meeting if he determines that a quorum of the
Board of Directors will not be present.
c) Schedule, reschedule and cancel public hearings (except hearings on the
adoption of a rate increase ordinance) if he determines that it is necessary to
do so.
2.02.020.4 The Treasurer of the District shall be appointed by the Board by name and shall
have such duties as assigned by the Board pursuant to Resolution 2008-21.
2.02.020.5 The Assistant Treasurer shall be appointed by the Board by name and shall have
such duties as assigned by the Board pursuant to Resolution 2008-21.
2 Title 2, Administration
2.02.020.6 The Accountant shall be appointed by the Board by name and shall have such
duties as assigned by the Board pursuant to Resolution 2008-23.
2.02.020.7 The District Counsel shall be the Parliamentarian of the District, shall advise it
with respect to the applicable laws, interpret rules, bylaws and policies, coordinate actions
with the other consultants, and shall perform such other acts as requested by the Board of
Directors.
2.02.020.8 The officers of the District shall be elected at the first meeting in December of
each year for a one year term. It shall be the policy of the Board to attempt to give each
Director the opportunity to serve as President and Vice President for one year during their
four-year term. Notwithstanding the foregoing, an incumbent President or Vice President
may be re-elected to that office. The officers serve at the pleasure of the Board and may be
removed from office prior to the expiration of their one-year term.
CHAPTER 2.03
ORDINANCES
Sections:
2.03.010 Publication of Ordinances
2.03.010 Publication of Ordinances - All ordinances of the Board will be placed for
publication once in the public notice section of a local newspaper of general circulation
within 30 days after adoption.
CHAPTER 2.04
BOARD MEETINGS
Sections:
2.04.010
Place of Meeting
2.04.020
Time of Meeting
2.04.030
Adjourned Meetings
2.04.040
Special Meetings
2.04.050
Written Notice of all Meetings
2.04.055
Availability of Agenda Packet
2.04.060
Agenda, discussion and debate - Regular and
Special Meetings
2.04.070
Order of Business
2.04.080
Voting
2.04.090
Statements for Visitors
2.04.100
Recording of Meetings
3 Title 2, Administration
2.04.010 Place of Meeting Until changed by further resolution amending these rules, the
place of meeting of the Board of Directors shall be the Board Room of the Truckee Donner
Public Utility District, in Truckee, California. When appropriate notice has been given, any
meeting may be scheduled at another location within the District. The Board of Directors
may, upon showing of special circumstances, hold Board meetings outside the District. All
legislative meetings of said Board shall be open to the public and shall be held at said office
and place of meeting; provided, however, that meetings duly opened at said office may be
adjourned to such other place or places within the confines of said District as may be found
convenient or necessary by the Board, and provided further that this rule shall not preclude
the Board from holding executive sessions when permitted by law.
2.04.020 Time of Meeting The time for regular meetings of the Board is the first and third
Wednesday of each month at 6:00 P.M. If and when said Wednesday falls on a legal
holiday, then said regular meeting shall be held at 6:00 P.M. on the next business day
following the legal holiday or other day agreed to by the Board.
2.04.030 Adjourned Meetings If the business coming before the Board at any regular or
adjourned meeting is not finished on the day fixed for such meeting, or if for any reason
such adjournment is deemed proper, the Board may adjourn to such time and place as may
be specified in the Order of Adjournment. When the Order of Adjournment fails to state the
hour to which the adjourned meeting is to be held, it shall be held at the hour specified for
regular meetings. In the event that an adjourned meeting is not called, and a special
meeting does not take place prior to the next regular meeting, then the unfinished items shall
be placed on the agenda for the next regular meeting.
2.04.040 Special Meetings A special meeting may be called at any time by the President
or by a majority of the members of the Board, by delivering personally, by e-mail or by mail
written notice to each member of the Board and to each local newspaper of general
circulation, radio or television station requesting notice in writing. Such notice must be
delivered personally, by e-mail or by mail at least 24 hours before the time of such meeting
as specified in the notice. The call and notice shall specify the time and place of the special
meeting and the business to be transacted. No other business shall be considered at such
meetings by the Board. Such written notice may be dispensed with as to any member who
at or prior to the time the meeting convenes files with the Clerk/Ex-officio Secretary a written
waiver of notice. Such waiver may be given in writing in person, by US mail or by e-mail.
Such written notice may also be dispensed with as to any member who is actually present at
the meeting at the time it convenes.
2.04.050 Written Notice of all Meetings Advance written notice shall be given for all
meetings in the following manner:
2.04.050.1 A written notice of all meetings (agenda) shall be mailed or e-mailed to each
Director as far in advance of the meeting as possible, but, in any event, either mailed, e-
mailed or expressly hand -delivered so as to be received 72 hours in advance of the meeting.
Notwithstanding the foregoing, and in accordance with Section 2.04.040 herein, notice for all
special meetings shall be made at least 24 hours in advance of said meeting. Any Director
may, at his discretion, file a signed waiver of such notice with the District.
4 Title 2, Administration
2.04.050.2 Written notice of all meetings (agenda) shall be delivered or mailed as far in
advance as possible, but, in any event, to be received 72 hours prior to the meeting, to all
newspapers, radio stations, individuals and entities which have filed a request of such notice
with the District and to all parties with business pending on that particular agenda of the
meeting.
2.04.050.3 Written notice of all meetings (agenda) shall be posted at the District office,
Town hall, the Truckee Branch of the Nevada County Library, and such other locations as
may from time to time be determined by the Board of Directors.
2.04.055 Availability of agenda packet On all Board or committee meeting agendas a
statement will be made advising that the complete packet of related material is available for
public review at the District office and on the District's website.
2.04.060 Agenda, discussion and debate - Regular and Special Meetings The
Clerk/Ex-officio Secretary of the District shall cause a Notice of Meeting (agenda) to be
prepared which will state the matter to be heard in a manner that is easy to comprehend.
2.04.060.1 The Clerk/Ex-officio Secretary of the District and the President of the Board shall
be jointly responsible for compiling the agenda for all regular meetings. In the case of special
meetings, the Clerk/Ex-officio Secretary and those parties calling such meetings shall be
responsible for the preparation of the agenda.
2.04.060.2 Each Director will have the right to request items to be placed on the agenda for
any specific meeting, either: 1) Verbally requesting it if this request is supported by at least
one additional Board member during a Board meeting, or 2) verbally or in writing to the
President with the President's support. Such requests must be made in a timely manner and
shall comply with the deadlines established for the preparation of the Notice of Meeting
(agenda).
2.04.060.3 No item will be placed on the agenda until the following conditions have been
met. Items on an agenda not meeting the conditions will be either struck from the agenda or
will be tabled to the next meeting without discussion.
2.04.060.3(A) Information regarding the topic must be in the hands of the Board members
prior to the Monday evening before the regular meeting and not less than three days prior to
any special meeting with some exceptions in the case of an emergency meeting.
2.04.060.3(B) The item as it appears on the agenda will have adequate staff and consultant
preparation prior to the presentation to the Board for discussion and review. Without this,
such items will be referred to staff by the Chair.
2.04.060.3(C) The consultants and staff and Board will be kept informed by memo and
regular correspondence of all major projects and proposals well in advance of it being
placed on the agenda for Board review.
2.04.060.3(D) Debate and/or discussion on each agenda topic is limited to five minutes for
each Director. The Board, by majority vote, may waive this provision for any agenda topic.
5 Title 2, Administration
2.04.070 Order of Business The order of business in conducting the meeting of the Board
shall be as follows:
1. Call to order
2. Roll call
3. Pledge of Allegiance
4. Changes to the agenda
5. Public input
6. Director's update
7. Special business/public hearings
8. Consent agenda
9. Action items
10. Workshop items
11. Routine business (such as approval of minutes and Treasurer's report)
12. Closed session
13. Return to public session
14. Adjournment
2.04.080 Voting Every action of the Board shall be taken by ordinance, resolution, motion,
or unanimous consent. In the case of every action except one taken by simple motion or
unanimous consent, the roll of Directors shall be called, and their individual votes recorded
in the formal minutes. All official Board actions will require the affirmative vote of at least
three Directors.
2.04.090 Statements from Visitors All members of the public attending Board meetings
and having an interest in any agenda item shall have the right to address the Board before
a vote is taken on such item. They shall be encouraged to ask questions directly related to
reports made to the Board by members of the District's staff or consultants immediately after
such reports are made and prior to Board action.
2.04.100 Recording of the Meetings The Clerk/Ex-officio Secretary shall arrange to have
recordings made of the meetings of the Board, except when the Board goes into closed
session, for use in preparation of the minutes. The Clerk/Ex-officio Secretary shall make
duplicates of the recordings available to anyone for review upon arrangement.
CHAPTER 2.08
BOARD MEETING MINUTES
Sections:
2.08.010 Board Meeting Minutes
2.08.010 Board Meeting Minutes
2.08.010.1 The District's Board meeting minutes shall be action only minutes listing the title
of the topic, a brief description of the topic, action taken or direction given, and any
6 Title 2, Administration
appropriate roll call votes. Resolutions and ordinances shall be attached as part of the action
minutes. These minutes shall be a permanent record of the District.
2.08.010.2 All Board meeting minutes will be officially recorded on electronic medium. The
original recordings shall be preserved perpetually by the District Clerk or his/her designee.
2.08.010.3 Within 48 hours of a meeting, a copy of the action minutes shall be prepared in
draft form.
2.08.010.4 Appropriate recording and play -back equipment shall be provided by the District.
The equipment, recordings and copies of the action minutes shall be kept in library format.
The equipment, duplicate recordings and copies of the action minutes shall be made
available to the general public for review and inspection upon appointment during regular
business hours of the District.
2.08.010.5 Copies of the action minutes and of the Board meeting recordings shall be made
available to any interested party upon their request and payment of the duplication costs
pursuant to the Miscellaneous Fee Schedule.
CHAPTER 2.10
PUBLIC HEARINGS
Sections:
2.10.010 Notices of Public Hearings
2.10.010 Notices of Public Hearings All public hearings will be advertised by the
Secretary in a local newspaper of general circulation in small display ad form.
CHAPTER 2.12
COMMITTEES
Sections:
2.12.010 Committees
2.12.010 Committees Standing and select committees for the performance of such duties
as may appear necessary and proper shall from time to time be appointed by the President.
In the absence of any members of any committee, the presiding officer may appoint a
substitute who shall serve during such absence.
7 Title 2, Administration
CHAPTER 2.16
BUDGETS
Sections:
2.16.010 Budgets
2.16.010 Budgets The General Manager shall prepare a budget calendar for Board review
at the first regular meeting in August prior to the budget cycle (annually or bi-annually). The
General Manager shall present a proposed draft budget for the ensuing calendar year(s) to
the Board in the last quarter of the budget cycle period for the next budget cycle. The Board
shall adopt such budget with any changes ordered by it, not later than the second regular
meeting in December. The Manager, or individual Board members may recommend
changes in the budget from time to time; and the Board may adopt such changes. A public
hearing shall be held prior to adoption of the budget.
CHAPTER 2.20
BOARD VACANCIES
Sections:
2.20.010 Board Vacancies
2.20.010 Board Vacancies All vacancies occurring on the Board of Directors, for whatever
reason, shall be filled according to the rules contained in the California Government Code.
CHAPTER 2.24
PARLIAMENTARY PROCEDURE
Sections:
2.24.010 Parliamentary Procedure
2.24.010 Parliamentary Procedure As to all matters not hereinabove provided for, the
conducting of the business of the Board and its parliamentary procedure shall conform to the
RULES OF ORDER REVISED by H. M. Robert, which RULES OF ORDER are by reference
made a part of these bylaws.
8 Title 2, Administration
CHAPTER 2.28
AMENDMENT OF BYLAWS
Sections:
2.28.010 Amendment of Bylaws
2.28.010 Amendment of Bylaws Any proposed amendment to the Bylaws must be
submitted in writing to the Clerk/Ex-officio Secretary of the District. The Clerk shall cause a
copy to be distributed to each Director and shall cause the same to be placed on the agenda
for the next regular meeting of the Board of Directors. In order to become effective, the
amendment, or any modification thereof, shall require a vote of the majority of the Board.
CHAPTER 2.32
RELATIONSHIPS AMONG OFFICIALS
Sections:
2.32.010 Financial Relationships Among Officials
2.32.020 Director/Manager Relationship
2.32.010 Financial Relationships Among Officials
2.32.010.1 District officials, including but not limited to engineering, financial and/or legal
consultants shall not enter into agreements with, or otherwise represent, individual Board
members or other third parties where such an arrangement may potentially conflict with the
interests of the District.
2.32.010.2 Members of the Board of Directors shall not enter into contractual arrangements
with, or otherwise utilize, engineering, financial and/or legal consultants who perform work or
services for the District on any material matters which may affect the District.
2.32.010.3 The General Manager shall not engage in any private enterprise within the
District.
2.32.020 Director/General Manager Relationship The District recognizes, establishes
and maintains the following guidelines in its relationship with the General Manager.
2.32.020.1 It is recognized that good management is the most important factor in the
success of the District. In exercising such management, the Board of Directors reserves its
responsibility to establish policy, approve plans and programs and delegate authority to its
General Manager.
9 Title 2, Administration
2.32.020.2 The Board of Directors recognizes its responsibility and its need to establish
policies, approve plans and programs, and delegate authority to the General Manager to
execute and carry out its plans, programs and policies. The General Manager shall, among
other things, have authority to hire capable personnel within the approved wage and salary
plan and policy, train, supervise and replace them if necessary.
2.32.020.3 All policies of the Board of Directors shall be promulgated to regular and special
meetings, acting collectively as a Board. The General Manager is delegated the
responsibility of carrying out such policies.
2.32.020.4 It shall be the policy of the Board of Directors to refrain, as individuals, from
discussing management problems with the personnel of the District. At the request of the
General Manager, the Board of Directors may confer with personnel at regular or special
meetings of the Board.
2.32.020.5 This in no way precludes any Board member from talking with any District
employee or requesting information from any District employee. However, if such requests
for information are of a time-consuming nature, in consideration of the employees' work
schedules, Directors shall coordinate such requests through the General Manager.
2.32.020.6 It shall be distinctly understood that the "flow" of authority for the management of
the District shall be through the General Manager, and the General Manager shall be the
connecting link between the Board of Directors and the personnel. The Board of Directors
shall require full and complete information from the General Manager concerning all matters
in connection with the management of the District as set forth in Board policies.
2.32.020.7 Primarily, the purpose of this policy is to define the relationship that shall exist
between the Board of Directors, who are the elected representatives of the District, and the
General Manager, who is employed by the Board of Directors. The Board of Directors
recognizes that effective management of the District can exist only through mutual
understanding and complete cooperation between the Board of Directors and the General
Manager. The General Manager is expected to produce results and give an account to the
Board for his stewardship. His performance cannot be of the best unless he is given latitude
to exercise independent judgment in executing policies of the Board of Directors. The Board
acknowledges that obligation and gives the General Manager that latitude of judgment and
discretion, and expects faithful performance in carrying out all of the policies of the Board of
Directors.
2.32.020.8 The Board of Directors recognizes its responsibility for the employment of the
General Manager and further, the additional responsibility for a systematic appraisal of the
General Manager's performance in order that growth, development and effective
improvements are encouraged.
2.32.020.9 The President of the Board of Directors shall be responsible for inviting the
attention of the Board members to non -adherence to this policy.
2.32.020.10 Combined with section 2.48
10 Title 2, Administration
CHAPTER 2.36
PAYMENT OF EXPENSES — See Chapter 2.58
CHAPTER 2.40
DELEGATIONS
Sections:
2.40.010 Delegations from the Board of Directors to the
General Manager
2.40.010 Delegations from the Board of Directors to the General Manager - In order to
properly carry out the policy making responsibilities of the Board of Directors, the Board
wishes to clarify its priorities and delegations of authority to the General Manager. By
clarifying the Board's priorities and delegations, the Manager will have the authority to
properly direct the operations of the District, and the Board will be better able to review the
District's performance.
As set forth in Section 16114 of the Public Utilities Code, the General Manager is delegated
full charge and control of the construction of the works of the District and of their
maintenance and operation.
Subject to policy formulation and direction by the Board of Directors, the General Manager
shall plan, direct, coordinate, and review the activities of the District's operations and work
forces.
The General Manager is hereby delegated the following specific authority and responsibility,
and may further delegate authority and responsibility to District staff. In carrying out these
duties, the General Manager will adhere to policy determinations of the Board of Directors.
2.40.010.1 Plan
2.40.010.1(A) Direct and participate in the development and implementation of goals,
objectives, management policies.
2.40.010.1(B) Advise the Board on matters of administrative practices, recommend
legislation and policies required in the public interest.
2.40.010.1(C) Formulate with his staff long and short term plans for recommendation to the
Board of Directors.
2.40.010.2 Organize
2.40.010.2(A) Review the District's activities and recommend to the Board the best type of
organizational structure.
11 Title 2, Administration
2.40.010.2(B) Review all District operations to establish work standards and improve
methods.
2.40.010.3 Staff
2.40.010.3(A) Determine, with advice from staff, the need to change positions, provided
they are within the limitations of the budget.
2.40.010.3(B) Determine qualifications and standards for use in recruiting, hiring, promoting
and assigning the District's personnel.
2.40.010.3(C) Select, appoint, promote, reassign or release District employees.
2.40.010.3(D) Formulate an effective method of instilling and motivating a team effort by all
employees.
2.40.010.3(E) Develop a procedure whereby employees may advance within the District if
they are capable and desire to do so.
2.40.010.3(F) Implement, maintain and enforce the District's personnel policies as
prescribed by the Board.
2.40.010.3(G) Act as the Board's agent in meeting and conferring with employees and
employee organizations.
2.40.010.3(H) Implement job training and safety programs to the benefit of the District.
2.40.010.3(1) Establish performance appraisal programs for all District personnel.
2.40.010.3(J) Maintain up-to-date chart of all District positions and their respective class
specifications.
2.40.010.3(K) Recommend to the Board for approval the employment of outside
consultants and negotiate terms of contracts for services.
2.40.010.4 Direct
2.40.010.4(A) Enforce and administer the provisions of the laws and ordinances of the
District.
2.40.010.4(B) Direct all District personnel.
2.40.010.4(C) Respond to citizens' complaints and requests for information.
2.40.010.4(D) Conduct continuous research into administrative practices to produce greater
efficiency and economy in District operations.
2.40.010.4(E) Direct the day-to-day activities of the District except as specified otherwise by
the Bylaws of the Board. Delegate appropriate responsibility and authority to staff.
12 Title 2, Administration
2.40.010.5 Finance
2.40.010.5(A) Prepare a long term capital improvements program for Board consideration.
2.40.010.5(B) Direct the preparation and administration of the District budget.
2.40.010.5(C) Direct the investment of District funds in accordance with Board policy.
2.40.010.5(D) Establish accounting systems, procedures, statistics and types of reports
necessary for sound financial management of the District.
2.40.010.5(E) Purchase all materials, supplies and equipment within the limits of the budget
and in accordance with Board policy.
2.40.010.5(F) Review rate structure to determine where adjustments are needed to insure
adequate cash flow and to provide revenue to meet expenses and establish reasonable
reserves and replacement of assets.
2.40.010.5(G) Develop and maintain inventory records. Conduct periodic inventories.
Dispose of surplus materials in accordance with Board policy.
2.40.010.5(H) Assist the Board in arranging for an annual audit. Review the audit with staff.
2.40.010.6 Report
2.40.010.6(A) Submit periodic reports to the Board on revenues and expenses compared to
the budget.
2.40.010.6(B) Develop and submit to the Board such operational summaries as will enable
the Board to review the overall performance of the District.
2.40.010.6(C) Keep the Board informed of customer complaints.
2.40.010.6(D) Inform the Board of significant problems that arise so that the Board can
provide necessary direction to staff.
2.40.010.6(E) Items will be reported to the Board by the Manager as appropriate under
Manager's Report during regular Board meetings.
2.40.010.7 Public and customer relations
2.40.010.7(A) Represent the Board in the community and at professional meetings as
required and as directed by the Board.
2.40.010.7(B) Investigate and authorize membership in service clubs and associations
which would be beneficial to the District, and authorize the payment of dues for such
memberships by the District management staff.
13 Title 2, Administration
2.40.010.7(C) Develop a program for maintaining favorable relations with District customers.
2.40.010.8 Manager to delegate - In performing the responsibilities set forth herein, the
Manager is expected to develop a highly competent and motivated staff and should delegate
authority and responsibility to the staff to insure the proper functioning of the District.
CHAPTER 2.44
CONDITIONS OF EMPLOYMENT
Sections:
2.44.010 Conditions of Employment for the General Manager
2.44.010 Conditions of Employment for the General Manager Prior to employment by
the District, the prospective General Manager shall be required to satisfy the Board of
Directors that his general physical condition is such that he will be able to function property
in the position.
CHAPTER 2.48
PERFORMANCE EVALUATIONS AND SALARY ADJUSTMENTS
Sections:
2.48.010 Performance Evaluations and Salary
Adjustments for the General Manager
2.48.010 Performance Evaluations and Salary Adjustments for the General Manager
The General Manager shall be employed by the Board of Directors at a salary established
by the Board. The Board shall work with the General Manager to set performance goals and
objectives. At least annually, the Board will appraise the General Manager's performance as
described in the General Manager's Employment Agreement with the District. Consideration
of an increase in compensation within the District's approved wage and salary plan will be
given at that time.
CHAPTER 2.50
RETENTION AND/OR DESTRUCTION OF RECORDS
Sections:
2.50.010 Destruction of District records; excepted records
2.50.020 Retention of District records
2.50.030 Destruction of District records; conditions
2.50.040 Duplicate records less than five years old; destruction
2.50.050 Authority of Treasurer or fiscal agents
14 Title 2, Administration
2.50.010 Destruction of District records; excepted records Unless otherwise provided
by law, the District Clerk may destroy any District record, document, instrument, book or
paper under his or her charge, without making a copy thereof, after the same is no longer
required.
2.50.020 Retention of District records This Section does not authorize the destruction of
records required to be kept by statute. (See Appendix A for District Record Retention
Schedule.)
2.50.030 Destruction of District records; conditions Notwithstanding the provisions of
Section 2.50.010, the District Clerk who is the custodian of District records, documents,
instruments, books and papers, may cause to be destroyed any or all such records,
documents, instruments, books and papers, if all of the following conditions are complied
with:
a) The record, paper or document is photographed, micro -photographed,
reproduced by electronically recorded video images on magnetic surfaces,
recorded in the electronic data-processing system, recorded on optical disk,
reproduced on film or any other medium which does not permit additions,
deletions, or changes to the original document in compliance with the
minimum standards or guidelines, or both, as recommended by the American
National Standards Institute or the Association for Information and Image
Management for recording of permanent records or non -permanent records,
whichever applies.
b) The device used to reproduce such record, paper or document on film, optical
disk, or any other medium is one which accurately reproduces the original
thereof in all details and which does not permit additions, deletions, or
changes to the original document images.
c) The photographs, microphotographs, or other reproductions on film, optical
disk or any other medium are placed in conveniently accessible files and
provision is made for preserving, examining, and using the files.
Every reproduction complying with the above process shall be deemed to be an original
record and a transcript, exemplification, or certified copy of any reproduction shall be
deemed to be a transcript, exemplification, or certified copy, as the case may be, of the
original.
2.50.040 Duplicate records less than five years old; destruction Notwithstanding the
provisions of Section 2.50.010, the District Clerk may prescribe a procedure under which
duplicates of District records less than five years old may be destroyed if they are no longer
required.
2.50.050 Authority of Treasurer Under such conditions as the Treasurer fixes, he/she, or
other duly authorized agents, may destroy or cremate any or all bonds and any or all
coupons pertaining thereto which have been previously paid or canceled.
(Based on Government Code Sections 34090, 34090.7, 53921 and 60203)
15 Title 2, Administration
CHAPTER 2.52 (2/18/09, Res 2009-09)
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
2.52.020
Disclosure Categories and Designated Positions
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 District which does
business for profit with the District.
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 2.52.015 — 2.52.020 designating officials and 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.
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 under 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.
16 Title 2, Administration
2.52.020 Designated Positions and Disclosure Categories
A. Designated Positions
The following positions are in Disclosure Category I:
Administrative Services Manager
Assistant General Manager
Attorney
Electric Utility Manager/Power Supply Engineer/GIS
Public Information and Conservation Manager
Water Utility Manager
Consultants*
The following positions are in Disclosure Category II:
Buyer/Clerk
Contract Administrator
Customer Services Manager
Finance and Accounting Manager
Geographic Information System Coordinator
Senior Accountant Analyst
Technical Program Administrator
The following positions are in Disclosure Category III:
Conservation Program Administrator
Electric Engineer
Electric Superintendent
Electric System Engineer
Water Engineer
Water Superintendent
Water System Engineer
*Consultants shall be included in the list of designated employees and shall disclose
pursuant to the Disclosure Requirements in the Code, subject to the following limitations.
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 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 the conflict -of -interest code.
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 agency; and investments
and business positions in business entities, and income, including loans, gifts, and travel
payment, from all sources.
C. Disclosure Category II
Individuals holding designated positions in Disclosure Category II must report their interests
17 Title 2, Administration
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 agency; investments and
business positions in business entities, and income, including 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 to: 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, but limited to:
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 agency, including solar
and renewable power;
e) engage in the business of brokering, acquiring, leasing, marketing, disposing, or
owning real property; or
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.
D. Disclosure Category III
Individuals holding designated positions in Disclosure Category III must report their
investments and business positions in business entities, and income, including 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.
CHAPTER 2.56
BOARD CODE OF CONDUCT
Sections:
2.56.010
Introduction
2.56.020
General
2.56.030
Directors Conduct with One Another
2.56.040
Rules Regarding Public Input
2.56.050
Procedural Considerations
2.56.060
Debate Forum
2.56.010 Introduction The Truckee Community has established the Truckee Donner Public
Utility District (District) to provide essential services needed to support the prosperity and
general wellbeing of the community. The District's powers and responsibilities are set forth
in the California Public Utility District Act that requires the election of a Board of Directors to
govern the District by meeting in accordance with the California law known as the Brown
Act. The Board of Directors is required to consider complex facts and make many important
18 Title 2, Administration
decisions that impact the prosperity and general wellbeing of the Truckee Community. The
voters of the District have elected a Board of Directors to govern the District, and that Board
states that it recognizes the importance of making sound reasoned decisions in a timely and
efficient manner. The Board recognizes the importance of deliberating and making
decisions using a process that is orderly, efficient, civil, fact based and proceeds in a timely
basis.
2.56.020 General The Board of Directors shall perform its duties in accordance with the
processes and rules set forth in this Code governing the deliberation of public policy issues,
meaningful involvement of the public, and implementation of policy decisions of the Board by
District staff.
2.56.020.1 The Board shall make its decisions based on the merits and substance of the
matter at hand, rather than on unrelated considerations.
2.56.020.2 The Board shall conduct its business in a manner that supports the maintenance
of a positive and constructive work place environment for District staff, private citizens and
businesses dealing with the District.
2.56.020.3 Directors shall prepare in advance of Board meetings and be familiar with issues
on the agenda.
2.56.020.4 Directors shall fully participate in Board meetings while demonstrating respect,
consideration and courtesy to others.
2.56.020.5 Directors shall become familiar with Rules of Procedure and this Board Code of
Conduct.
2.56.020.6 Directors shall be responsible for the highest standards of respect, civility and
honesty.
2.56.030 Directors Conduct with One Another The Board of Directors is composed of
individuals with a wide variety of opinions and all have freely chosen to serve in public office.
It should be recognized that disagreements will develop and need to be accommodated in a
courteous manner.
In public meetings the Directors shall:
2.56.030.1 Practice civility and decorum in discussions and debate;
2.56.030.2 Honor the role of the Board President in maintaining order and equity. Respect
the Board President's efforts to focus discussion on current agenda items. Objections to the
President's actions should be voiced politely and with reason;
2.56.030.3 It shall be the duty and responsibility of the Board President to ensure that the
rules of operation and decorum contained in the Board Code of Conduct are observed;
2.56.030.4 The Board President shall maintain control of communication between Directors
and between the Directors and staff and public;
19 Title 2, Administration
2.56.030.5 Directors should request and be recognized by the Board President before
speaking. When one Director has the floor and is speaking other Directors shall not interrupt
or otherwise disturb the speaker;
2.56.030.6 Be respectful of other people's time. Stay focused and act efficiently during
public meetings. The work at hand is important and decisions must me made;
2.56.030.7 Staff members assist the General Manager in presenting information to the
Board of Directors and shall be a resource to the Directors to answer questions arising
during discussion. These discussions shall remain focused on the agenda topic in
accordance with the Brown Act;
2.56.030.8 District General Counsel shall act as Parliamentarian to assist the Board
President in matters regarding procedure, enforcement of this Board Code of Conduct and
compliance with the Brown Act so that the Board actions remain orderly and proper;
2.56.030.9 The Board President may limit the time any Director or other speaker has to
address the Board so that the business of the Board appearing on the agenda can be dealt
with efficiently.
2.56.040 Rules Regarding Public Input It is recognized that an important element of
governing the District within the traditions of democracy require and benefit by citizen input.
It is also recognized that the Brown Act requires that the Board's meeting agenda provide for
the opportunity for public input. It is also recognized that the Board of Directors of the
District shall accept public input and consider it seriously.
In public meetings the Directors shall:
2.56.040.1 Listen to public input in a respectful and civil manner;
2.56.040.2 Directors shall not engage presenter of public input in dialogue, but shall, at the
conclusion of public input, discuss and decide the appropriate response to the input;
2.56.040.3 Public input shall be limited to three minutes per presenter, or as deemed
appropriate from the Board President, to provide time for the Board of Directors to efficiently
conduct other business on its agenda;
2.56.040.4 Equally, public presenters shall be respectful of the Board of Directors and others
participating in the meetings.
2.56.050 Procedural Considerations The Board of Directors shall commit to annually
review important procedural materials. At the beginning of each year the Board of Directors
will review Board Code of Conduct, the Brown Act and other matters related to Board
procedures.
2.56.060 Debate Forum The discussion and deliberations at Board meetings are to secure
the mature and reasoned decision of the Board on matters appearing on the agenda.
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All discussions must be relevant to the motion before the Board. A Director is given the floor
only for the purpose of discussing the pending question; discussion which departs from the
agenda matter is out of order.
Protocol for agenda items:
1. Board President reads the agenda item
2. General Manager or staff representative introduces the question before the Board
3. Report from staff/presenter
4. Public input
5. Director questions and discussion
6. Motion and second
• Motion to approve
• Motion to amend
• Motion to table
• Motion to call the question
7. Action
2.56.070 Ethics Training As required by California AB 1234, beginning in January, 2006
each director will attend ethics training. Thereafter, recertification of having attended ethics
training is required every two years.
Resolution 2008-30 (Oct. 1, 2008)
CHAPTER 2.58
BOARD TRAVEL AND EXPENSE POLICY
Sections:
2.58.010
Objective
2.58.020
Policy Content
2.58.030
Allowable Expenses
2.58.040
Authorization for Travel or Training
2.58.050
Cost Control
2.58.060
Lodging
2.58.070
Meals
2.58.080
Telephone/Fax/Cellular
2.58.090
Internet
2.58.100
Airport Parking
2.58.110
Cash Advance Policy
2.58-120
Credit Card Use Policy
2.58.130
Submitting Travel Expense Reports
2.58.140
Reports to the Governing Board
2.58.150
Compliance with Laws
2.58.160
Violation of This Policy
21 Title 2, Administration
2.58.010 Objective To establish a policy governing the reimbursement to members of the
Board of Directors ("Directors") for expenses incurred while involved in official District
business or while attending authorized meetings or training.
2.58.020 Policy Content
1. It is District policy to use public funds for travel and training only when there is a
substantial benefit to the District.
2. This policy provides guidance to elected and appointed officials on the use and
expenditure of District resources, as well as the standards directing those
expenditures.
3. It is District policy to satisfy the requirements of Government Code sections 53232.2
and 53233.3 and AB 1234.
4. It is District policy to reimburse Directors for authorized travel, meals, lodging, and
other actual and necessary expenses that are reasonably incurred in the conduct of
District business and detailed in an expense report with receipts attached.
2.58.030 Allowable Expenses Directors shall only use District funds, equipment, supplies,
and staff time for authorized District business.
Directors shall use good judgment when incurring business expenses, and are expected to
use a reasonably economic means of lodging, meals and transportation that will meet the
traveler's requirements with due consideration to safety and comfort.
Expenses reasonably incurred in connection with the following types of Director activities
generally constitute allowable expenses, as long as the other requirements of this Policy are
met:
1. Meetings and communicating with representatives of regional, state and national
government on adopted policy positions;
2. Attending approved educational seminars designed to improve Directors' skill and
information level;
3. Participating in regional, state and national organization meetings or trainings, such
as NCPA, UAMPS, AWWA or CSDA; and
4. All other reasonable expenditures previously approved by the District's governing
body in a public meeting before the expenditures were incurred.
Examples of expenses that the District will not reimburse include, without limitation:
1. The personal portion of any District -related trip;
2. Political or charitable contributions or events;
3. Family expenses, including partner's expenses when accompanying a Director on
District -related business, as well as children- or pet -related expenses;
4. Entertainment expenses, including theater, movies (either in -room or at the theater),
sporting events (including gym, massage and/or golf related expenses), or other
cultural events;
5. Mileage to and from District facilities or to attend meetings of the Board of Directors;
6. Non -mileage personal automobile expenses, including repairs, traffic citations,
insurance or gasoline; and
7. Personal losses incurred while on District business.
22 Title 2, Administration
2.58.040 Authorization for Travel or Training Any expenses that do not fall within this
Policy or the Internal Revenue Service ("IRS") rates must be approved by the District's
governing body in a public meeting before the expenditures were incurred; otherwise, the
expenses are not reimbursable.
Board members shall request authorization to attend meetings or training during the
"Director Update" section of a regular Board of Directors meeting. If there is no Board
opposition, the request will be considered authorized by this policy. The Board President or
any Director can request the travel and/or training request be placed on the agenda of the
next regularly scheduled Board meeting for action.
2.58.050 Cost Control To conserve District resources and keep expenses within community
standards for public officials, Director expenditures shall strictly adhere to the following
guidelines. The District shall only pay or reimburse those expenses that meet these
guidelines. Any expenses incurred in excess of these guidelines are the Director's personal
responsibility.
Except as otherwise specified in this Policy, the District shall use the current IRS rates
established in Publication 463 (and any future amendments) as its reasonable
reimbursement rates.
A. Transportation
The most economical mode and class of transportation reasonably consistent with
scheduling needs shall be utilized, using the most direct and time -efficient route available.
Pursuant to AB 1234, Directors shall use government and group rates for all transportation
when available.
a. Airfare
Air travel shall be by coach or standard class. The most cost-effective route shall be
used.
Alternate routes or additional stops for the Director's personal benefit shall be at the
Director's expense, prorated to the most cost-effective, direct route to the District -related
destination.
b. Automobile
Rental vehicle expense may be reimbursed when a Director, or other District official, is
attending an out-of-town conference, and it is determined that a rental vehicle is the most
economical transportation available. In making this determination, the rental costs,
parking and gasoline expenses shall be compared to the combined costs of other
available transportation.
Automobile mileage for personally owned automobiles shall be reimbursed at the IRS
rate currently in effect (see www.irs.gov). The rates are designed to compensate the
driver for gasoline, insurance, maintenance and other expenses associated with
operating the vehicle. Reasonable parking and toll expenses shall also be reimbursed,
but not fines and penalties for the violation of traffic, parking or other laws.
23 Title 2, Administration
Directors must have a valid driver's license and adequate liability insurance on their
vehicle. Proof of both shall be on record at the District office.
c. Taxis/Shuttles
Reasonable taxi or shuttle fares may be reimbursed, including a fifteen percent (15%)
gratuity per fare, when the cost of such fares is equal to or less than the cost of vehicle
rentals, gasoline and parking combined, or when such transportation is reasonably
necessary for time -efficiency. Fare reimbursements require valid receipts.
2.58.060 Lodging The District shall reimburse the actual cost of reasonable lodging
required for overnight travel. Directors incurring overnight lodging costs while on District
business shall seek appropriate, economical accommodations. Directors shall use
government and group rates for lodging when available.
Pursuant to AB 1234, if the Director's lodging is in connection with a conference or other
seminar (e.g. mandatory ethics training), the lodging costs cannot exceed the group rate
published by the event sponsor. If the group rate is not available at the time of booking, the
Director is to use comparable lodging that does not exceed the District's Policy or IRS rates,
whichever is lower.
The District's reimbursable lodging rate is the reasonable base room rate charged, plus
lodging taxes. Lodging reimbursements require valid, itemized receipts.
2.58.070 Meals Directors must use good judgment as to the reasonableness of meal
expenses. Reasonable meal costs shall be based upon the per diem rate tables listed in IRS
Publication 1542. Directors shall use reasonable efforts to avoid particular areas of high -cost
meals and travel.
Meal gratuities should not exceed acceptable and customary practices. Directors are
encouraged to take advantage of meals included in the price of a seminar, conference,
and/or their hotel room. Meal reimbursements require valid, itemized receipts.
2.58.080 Telephone/Fax/Cellular Directors shall be reimbursed for reasonable telephone,
cellular, and fax expenses when traveling for District business. When on overnight travel,
one telephone call per day to the Directors family may be submitted for reimbursement.
Telephone bills submitted for reimbursement shall identify all calls made for District
business. For cellular calls based on a Director's specified minute plan, the Director shall
identify the percentage of calls made for District business for reimbursement. The District
shall not reimburse cellular charges for multimedia or text messaging services, unless
permissible under Section 2.58.090, below.
2.58.090 Internet Directors shall be reimbursed for Internet access and/or usage fees while
out of town if Internet access is reasonably necessary for District -related business. Internet -
related expenses shall not exceed fifteen dollar ($15) per day.
2.58.100 Airport Parking Long-term parking shall be used for travel exceeding 24 hours.
Directors shall use good judgment in selecting the most cost-effective parking
accommodations available.
24 Title 2, Administration
2.58.110 Cash Advance Policy From time to time, it may be necessary for a Director to
request a reasonable cash advance for anticipated expenses while conducting District
business. All cash advance requests shall be submitted to the District's General Manager
five (5) business days prior to the need for the cash advance. The written requests shall
include the:
1. Purpose of the expenditure(s);
2. Benefits of the expenditure(s) to the District;
3. Estimated amount of the expenditure(s) (e.g., lodging, meal, and transportation
expenses); and
4. Dates of the expenditure(s).
Any unused advance shall be returned to the District within five (5) business days after either
the expenditure date or the Director returns from out-of-town. The Director shall also provide
valid itemized receipts and a detailed expense report explaining how the cash advance was
used in compliance with this Policy.
If the District's General Manager is uncertain as to whether a request complies with this
Policy, then the requesting Director shall seek approval from the District's Board at the next
regularly scheduled Board meeting.
2.58.120 Credit Card Use Policy District credit cards have been issued to each Director
and shall only be used for authorized District -related expenses. Absolutely no personal
charges may be placed on the District's credit card at any time.
The Director shall provide valid receipts within thirty (30) business days of the credit card
use. All submitted credit card expenses shall include the proprietary itemized receipt and the
credit card receipt. The Director shall also include a detailed expense report stating the:
1. Dates of the expenditure(s);
2. Purpose of the expenditure(s);
3. Benefits of the expenditure(s) to the District; and
4. Any additional information.
2.58.130 Submitting Travel Expense Reports All cash advance expenditures, credit card
expenses and other expense reimbursement requests shall be submitted on the District
provided expense report form. This form shall include the following advisory:
All expenses reported on this form shall comply with the District's policies
relating to expenses and use of public resources. The information submitted
on this form is a public record. Penalties for misusing public resources and
violating the District's policies include loss of reimbursement privileges,
restitution to the District, civil and criminal penalties as well as additional
income tax liability.
It is the Director's responsibility to provide a complete, detailed and factual accounting of
expenses on every expense report. Expense reports shall also indicate that the documented
expenses comply with this Policy.
25 Title 2, Administration
Except for cash advances, which must be submitted in accordance with Section 2.58.110
above, Directors shall submit their expense reports within thirty (30) days of incurring an
expense
Expense reports shall include valid, itemized receipts for each documented expense. All
credit card expense reports shall include the proprietary itemized receipt and the credit card
receipt. Inability to provide this required documentation may preclude reimbursement and
the Director will be personally responsible for the expenses.
The District's General Manager shall verify that the submitted expense report complies with
this Policy and approve the expense report for payment or reimbursement.
2.58.140 Reports to the Governing Board Directors shall provide brief reports on
meetings, seminars, conferences, and other events that they have attended at the District's
expense during the next regular Board meeting. If multiple Directors attended the same
event, then a joint report may be provided to the Board.
2.58.150 Compliance with Laws Directors shall keep in mind that some expenditures may
be subject to additional reporting requirements under the Political Reform Act and other
applicable laws. All District expenditures are public records subject to disclosure under the
California Public Records Act.
2.58.160 Violation of This Policy Use of public resources or falsifying expense reports in
violation of this Policy may result in the following penalties, without limitation: 1) loss of
reimbursement privileges; 2) a restitution to the District; 3) additional state and federal
income tax liability for the Director; 4) civil penalties for misuse of public resources (up to
$1,000 per day plus three times the value of the unlawful use; and 5) prosecution for misuse
of public resources (2, 3, or 4 years in state prison and disqualification from holding public
office in California).
Resol 2009-03 (1/7/09); Res. 2010-09 (6/2/10)
26 Title 2, Administration