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HomeMy WebLinkAbout11 Conflict of interest Agenda Item # P!Ubl�lc Utility D i strict Memorandum To: Board of Directors From: Peter Holzmeister Date: September 1, 2006 Subject: Conflict of Interest Code Why this matter is before the Board: This matter involves conducting the mandated biennial review of the District's Conflict of Interest Code. The process will most likely result in amending the District's current Code to incorporate a few new positions. Amending the Code requires Board action. History: The California Political Reform Act requires every multi-county agency to review its conflict of interest code every two years, and to amend it if changing circumstances require. It is time for us to do so. Attached is information from the Fair Political Practices Commission that helps describe the entire process, which sounds complex after one reading of the material. Also attached is a copy of our current Code. New information: The law requires that any District positions which involve the making or participation in the making of decisions which may foreseeably have a material financial effect on any financial interest need to be designated positions within the Code. Based on that standard, I suggest that three positions be added to the District Conflict of Interest Code. They are the Accounting and Finance Manager, the Associate Water Engineer and the Associate Electrical Engineer. Copies of their job descriptions are attached. The process is as follows: (1) Conduct a public hearing or establish a written comment period. (2) Prepare an initial proposed amendment. (3) Prepare a notice of intention to amend our existing code. This notice shall: (A) Describe the proposed amendment in general terms and include a concise, clear summary of the provisions of the existing code, if any, which will be affected by the proposed amendments, and a summary of how those provisions will be affected by the proposed amendments; (B) State that copies of the proposed amendment are available to interested persons and indicate where the copies may be obtained; 1 Memo-Conflict of Interest (C) Specify the location where written comments concerning the proposed amendments may be submitted; (D) Specify the date by which comments submitted in writing relating to the proposed amendments must be received in order for them to be considered by the agency before it amends the code; (E) State the time and place of any public hearing that is scheduled on the proposed amendment; or if a public hearing on the proposed amendment is not scheduled, include a statement that any interested person or his or her duly authorized representative may request, no later than 15 days prior to the close of the written comment period, a public hearing; (F) State the name and telephone number of an agency officer to whom inquiries concerning the proposed amendment may be directed; (G) State that the agency has prepared a written explanation of the reasons for the designations and the disclosure responsibilities, and has available all of the information upon which its proposal is based. (4) File a copy of the notice with the Commission at least 45 days before the public hearing or close of the comment period. (5) Provide notice pursuant to the requirements of Government Code Section 87311, including providing a copy of the notice to each employee of the agency affected by the proposed code or amendment at least 45 days before the hearing or close of the comment period by serving the employees individually with a copy of the written notice, by posting the notice on employee bulletin boards, or by publishing the notice in an employee newsletter. (6) Make the exact terms of the proposed code or amendment available for inspection and copying to interested persons for at least 45 days prior to the public hearing or the close of the comment period. (7) Accept written comments from interested persons through the conclusion of the public hearing or the close of the comment period. If the procedures set forth above have been followed, a proposed amendment, which has been changed or modified from that which was made available to the public, may, without further notice or hearing, be adopted if the amendment adopted is substantially similar to the initially proposed amendment and all employees affected by the proposed amendment as adopted by the agency had adequate notice. The agency shall submit three copies of the existing code with the final proposed amendment in strikeout/underline form to the Commission accompanied by one copy of the following: (A) A declaration by the chief executive officer of the agency declaring that the Code specifically enumerates each of the positions within the agency which involve the making or participation in the making of decisions which may foreseeably have a material financial effect on any financial interest and the agency has satisfied the above stated requirements preliminary to formulation of the Code; (B) A summary of any hearing held by the agency with appropriate identification of any areas of controversy and the manner of their resolution; (C) Copies of all written submissions made to the agency regarding the proposed amendment, unless the person making the written submission requests its omission; 2 Memo-Conflict of Interest (D) A written explanation of the reasons for the designations and the disclosure responsibilities of officers, employees, members or consultants of the agency. In the case of an amendment, provide a written justification for any changes including all changes in or additions to the designations or disclosure responsibilities; (E) The names and addresses of all persons who participated in any public hearing of the agency on the proposed code or amendment and all persons who requested notice from the agency of the date of the Commission hearing on the adoption of the amendments; (F) The most current organizational chart of the agency; (G) Job descriptions for all designated employees or employees newly designated by the amendment. Attached for your review is a draft of the proposed amendment to the District's existing Conflict of Interest Code. The amendment simply adds the Accounting and Finance Manager, the Associate Water Engineer and the Associate Electrical Engineer positions to the Code thus requiring the incumbents in those positions to file the annual disclosure report. Also attached for your review is a draft of the Notice of Intention to amend the existing Code. Recommendation: I recommend that the Board: 1. Set a public hearing for November 1, 2006 to receive comments on the draft amendment to the District's Conflict of Interest Code 2. Establish a 45 day comment period 3. Direct that the General Manager submit the Notice of Intention to amend the District's Conflict of Code to the Fair Political Practices Commission 3 Memo-Conflict of Interest EC 7 FAIR POLITICAL PRACTICES COMMISSION 2006 Conflict-of-Interest Code Biennial Notice for Multi-County Agencies The Political Reform Act requires every Amending a Conflict-of-Interest Code multi-county agency to review its conflict-of- Seminar Locations and Dates interest code biennially and submit a notice to its code reviewing body that specifies if • Sacramento the code is accurate, or alternatively, that Wednesday, June 21 the code must be amended. The Fair FPPC, 8th Floor Hearing Room Political Practices Commission (FPPC), as 428 J Street the code reviewing body for multi-county 1:00 p.m.-3:00 p.m. agencies, must receive the enclosed . Santa Rosa Council Chambers ,,biennial notice no later than October 1, Wednesday, June 28 �006. Return this notice to the FPPC 100 Santa Rosa Avenue regardless of how recently the agency's 10:00 a.m.- 12:00 p.m. code has been approved. • Oceanside Council Chambers If amendments are necessary, forward Thursday, June 29 the revised code to the FPPC for approval 300 N. Coast Hwy(North Building, 2nd Floor) within 90 days from the date the biennial 1:00 p.m.-3:00 p.m. notice is filed. For example, if an agency files its notice on October 1, 2006, indicating • Richmond Council Chambers that an amendment is necessary, the Monday, July 10 amendment is due to the FPPC by 1 Marina Way South December 30, 2006. Amendments to an 100:0:0 0 a.m.- 12:00 p.m. agency's code are not effective until they • Sacramento are approved by the FPPC. Tuesday, July 11 FPPC, 8th Floor Hearing Room Should you have any questions 428 J Street regarding this mailing, please feel free to call 10:00 a.m.-12:00 p.m. the FPPC. Copies of this mailing and additional information (e.g., sample • Palo Alto Council Chambers disclosure categories, notice, executive Thursday,July 13 director's declaration)can be found on our 250 Hamilton Avenue, First Floor website at www.fppc.ca.gov. 10:00 a.m.- 12:00 p.m. Please plan to attend one of the seminars for a thorough discussion of the To register fora seminar, call the FPPC conflict-of-interest code amendment at(866)ASK-FPPC, press 3. process. Seminars are subject to change. Enclosures ta• 2006 Multi-County Agency Biennial Notice t�. Multi-County Agency Biennial Notice Worksheet Fair Political Practices Commission 866-ASK-FPPC/vwuw.fppc.ca.gov MC newsletter-May 2006 How to Amend a Multi-County Agency Conflict-of-Interest Code The following guidelines are a brief description of the steps that are necessary to amend a conflict-of-interest code. Additional information may be required depending on the specific amendment. Please contact the FPPC at (916) 322-5660 or toll free at (866) ASK-FPPC for assistance if you have questions. Non-Substantive Amendments 1. Send the FPPC a letter describing the positions that have been deleted or renamed. 2. Include a copy of the entire code showing the changes in strikeout/underscore format. (See sample below.) 3. Include a declaration by the chief executive officer. (See website for example.) Substantive Amendments 1. Prepare an initial proposed amendment. - 2. Prepare a Notice of Intention. (See website for example.)'A� "4�-day comment period is required. 3. Provide notice to members of the public and to each employee affected by the proposed amendment. 4. File a copy of the Notice of Intention with the FPPC at least 45 days before the close of the comment period. 5. Submit to the FPPC three copies of the proposed code amendment in strikeout/underscore format, along with each of the following: a. A declaration by the Chief Executive Officer. b. A summary of any hearing, including the names and addresses of any participants. c. Copies of all written comments. d. Written justification for all changes. e. The most current organizational chart of the agency (if applicable). f. Job descriptions of all positions affected by the changes. Example strikeout/underscore format lil.R1 IRI-10 WORKS OFFICE MAINTENANCE DIVISION 1. Maintenance Superintendent....................................2 2 Maintenance Supervisor ....•.......••...............2 . .maintenanse S pefintendent........................... 3. Senior Equipment Technician..................................3 • The Public Works Office became the Maintenance Division. • The Asst.Maintenance Superintendent was reclassified to Maintenance Supervisor • The Equipment Services Technician is a manual position and was deleted. Fair Political Practices Commission 8681ASK-FPPGwww.fppc.ca.g0v Biennial Mailing-May 2006 Multi-County Agency Biennial Notice Worksheet The following checklist may assist in the review of an agency's conflict-of-interest code. This is only a guide and is not intended to be an exclusive list of issues that may need review. See reverse side for guidelines on how to amend a conflict-of-interest code. Does the code contain the following three basic components? 4 Language that incorporates FPPC Reg. 18730 or contains the basic provisions required in Government Code section 87302 4 A list of designated positions whose duties include making or participating in making governmental decisions J Disclosure categories specifying financial interests (investments, interests in real property, income, and business positions)that filers in designated positions must disclose Review the agency's organization chart and duty statements 4 Do positions need to be added or deleted? 4 Is there a need to reclassify disclosure for any positions? 4 Are consultants designated? 4 Do any officials/consultants manage public investments? �l Amendments needed? Use underline and strikeout to illustrate changes (see reverse side). Other Documentation A review of joint powers agreements, minutes and annual reports may assist in determining whether designated positions and their respective disclosure categories are accurately reflected. Notification �l If amendments are needed, notify employees and the public. Fair Political Practices Commission (866)ASK-FPPC/www.fppc.ca.gov MC Biennial Notice Mailing-May 2006 2006 Multi-County Agency Biennial Notice Name of Agency: Mailing Address: Contact Person: Office Phone No: E-mail: Fax No: This agency has reviewed its conflict-of-interest code and has determined that: ❑ An amendment is required. (Check all that apply) If your code is currently under review at the FPPC, it is not necessary to mark the amendment types below. Substantive O Include new positions (including consultants)that must be designated O Delete positions that manage public investments from the list of designated positions O Revise disclosure categories O Other (describe) Non-Substantive O Revise the titles of existing positions O Delete titles of positions that have been abolished O Other (describe) ❑ No amendment is required. The agency's code accurately designates all positions that make or participate in the making of governmental decisions; the disclosure categories assigned to those positions accurately require the disclosure of all investments, business positions, interests in real property, and sources of income which may foreseeably be affected materially by the decisions made by those holding the designated positions; and the code includes all other provisions required by Government Code Section 87302. Signature of Chief Executive Officer Date All agencies must complete and return this notice, including agencies whose codes are currently under review. Please return this notice no later than October 1, 2006 to: Fair Political Practices Commission 428 J Street, Suite 620 Sacramento, CA 95814 (866)ASK-FPPC Fax(916)322-3711 Fair Political Practices Commission (866)ASK-FPPClwwwJppc.ca.gov MC Notice-May 2006 CHAPTER 2.52 C=Cutcaft 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 the 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 any way 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. -71 TYP:SOURCE SINESS ENTITY, INVESTMENT DESIGNATED POSITION O OF INCOME, OR REAL OPERTY DISCLOSURE Support Services Manager, Executive Secretary, 1. Motor vehicles and specialty Electric Superintendent, Water Superintendent, vehicles and parts therefore. Buyer/Clerk, Electric Engineer, Water System 2. Construction and building Engineer, Power Supply Engineer, Director of materials. Telecommunications, Geographic Information 3. Petroleum products. System Coordinator,Water Utility Manager,Electric 4. Pipes,valves, fittings, pumps, Utility Manager,Assistant General Manager,Senior 5 Transformers,mers, poles,towers, Accountant/Accounting Analyst wire, meters, cable, conduit, etc. 6. Office supplies and equipment. 7. Construction and building materials. g. 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 consultants 1. Real property. 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 ASSISTANT WATER SYSTEM ENGINEER 7-26-04 NATURE OF WORK Under direction of the Water System Engineer, performs engineering, construction management and planning for the District's water system. Is involved in difficult work on highly technical problems and participates in formulating and enforcement of the District standards and specifications. Exercises a high degree of decision making that involves analysis of fact and circumstance. Has regular contact with other departments, consultants, customers, developers and other water agencies requiring considerable tact and diplomacy. Occasionally engages in light to moderate physical exertion and works in both an office and field environment. EXAMPLES OF WORK 1. Assist in the development of District construction standards and specifications. 2. Reviews and approves plans for developer line extension and relocation projects. 3. Prepares plans and specifications for District line extension and replacement projects. 4. Inspects District's projects and developments for compliance with District standards, specifications and requirements. 5. Prepare and maintain records, files and a water system mapping and database. 6. Prepares applications for and secures easements, rights of ways, and encroachment permits as required for water system projects. 7. Participates in preparation of five-year system repair, replacement and improvement program. g. Prepare technical reports and equipment specifications. g. Perform other duties as assigned. QUALIFICATIONS REQUIRED Possession of a Bachelor of Science Degree in Engineering from a college or university accredited by the Accreditation Board for Engineering and Technology and possession of a Engineer in Training Certification. Possession of a Professional Engineer's License desirable. At ion and least two years of engineering experience relating to water utility design, construct licatio ns operations of water systems. Knowledge and experience, AutoCAD and PC app desirable. Knowledge of the principles and practices of water system operations, maintenance and construction standards. Knowledge of the materials and construction methods used in water systems. Ability to communicate effectively both orally and in writing. Possession of a valid Department of Motor Vehicles Class C license. Ability to perform moderate physical activity. TRUCKEE DONNER PUBLIC UTILITY DISTRICT JOB DESCRIPTION Associate Electrical Engineer Definition The Associate Electrical Engineer, under the direction and general supervision of the District Electrical Engineer, performs a variety of professional ering Developsks within engineeringe frameork of des g sW specifications,lisand standards, policies and sound engineering practices. cost estimates for the construction of overhead gnformation electric onpower D District standards,pro policiesV and Works with the public and consultants providing direction and procedures. Work is performed primarily indoors on an extremes climatic The work may conditions and Ghee hazards nofflthe visits potentially exposing to the employ construction site. Examples of Duties Prepares engineering designs, specifications, plans, cost estimates, and reports for the construction • of underground and overhead electric power distribution systems. • Meets with customers, consultants, District staff, and other agencies to review and prepare plans and specifications for individual development projects. • Works closely with other District personnel in providing necessary documentation including project materials lists for the orderly staging and preparation of construction crews. • Prepares applications for and secures easements, rights of way, and encroachment permits as required for placement of electric facilities. • Monitors and inspects work in progress to ensure compliance with District standards and specifications. Documents additions and modifications to electrical distribution system. Performs complex electrical engineering calculations and analyses. Assembles construction contract packages including bid, contract, and technical documents for District capital improvement projects. Reviews and evaluates bids received. Assembles material purchase contract packages including bid schedules, contract, and technical specifications for the procurement of major utility equipment such as transformers, wire, cable, and switches. Reviews and evaluates bids received. Assists in managing and monitoring the District's electric SCADA system including performing software modifications, upgrades, and troubleshooting. Assists in managing District electrical construction projects including contract administration, scheduling, interacting with contractors, consultants and the public. Assists in the preparation of long-range electric system master plans and capital improvement plans. • Assists in the preparation of the District's annual budget. Assists in developing District material standards, equipment specifications, and operating procedures. Attends District Board meetings, various committees, and other public meetings as may be required. Keeps immediate supervisor and designated others fully and accurately informed concerning work progress including suggestions for improved ways of performing assigned work. Performs related duties and responsibilities as required. Required Qualifications Education and Training • Graduation from an accredited college or university with a Bachelor of Science degree in Electrical Engineering, with an emphasis on power systems. • Equivalent to two years of increasingly responsible utility or consulting engineering experience. Note that Engineer-in-Training certification may be considered in lieu of experience requirement. • Any equivalent combination of education and experience which would provide the applicant with the desired skills, knowledge, and ability necessary to perform the work. 9/18/03 Page 1 of 2 Licensing and Certification Certification as an Engineer-In-Training with the State of California. The incumbent in this position is required to obtain registration as a Professional Electrical Engineer with the State of California within a five-year period. Registration is required to obtain the top step in this classification. Possession of a valid California Driver's License and satisfactory driving record as a condition o initial and continued employment. Knowledge, Skills and Abilities Knowledge of the theory, principles and practices of electrical utility distribution systems. Knowledge of the construction, operation, uses, materials, methods and equipment used in the operation, installation, maintenance and repair of electrical utility distribution systems. Knowledge of policies and regulations governing the construction and maintenance of electric utility facilities. Knowledge of the occupational hazards of working with high voltage electrical equipment an necessary safety precautions. et and word processing, database, and electrical engineering Knowledge of computer spread she analysis applications. aided drafting applications, preferably AutoCAD version 14 or Knowledge in the use of computer • later. Ability to perform electric utility power engineering work related to design, planning, and operation of distribution systems. design drawings and specifications of electric utility projects. Ability to accurately create complete Ability to prepare construction contracts, material purchase contracts and requests for proposals. • Ability to schedule design and construction projects and administer contracts. Ability to prepare cost estimates. • Ability to maintain a variety of technical records and adapt record systems for computerization. • Ability to organize and present complex data. Ability to read and interpret complex electrical diagrams and drawings. Ability to interpret and apply established policies, procedures, and government regulations. • Ability to analyze complex problems and develop solutions including the ability to make difficult engineering computations quickly and accurately. • Ability to prepare complex technical reports. • Ability to utilize computers for the purpose of designing new facilities and to computerize existing records and drawings. • Ability to coordinate project work. • Ability to communicate well with others, both orally and in writing, using both technical and non- technical language. ral and/or written policies, procedures and instructions. Ability to understand and follow o Ability to operate or quickly learn to operate a computer workstation using standard or customized software applications appropriate to assigned tasks. Ability to use logical and creative thought processes to develop solutions according to written specifications and/or oral instructions. responsibilities with accuracy and speed under the Ability to perform a wide variety of duties and pressure of time-sensitive deadlines. Ability and willingness to quickly learn and put to use new skills and knowledge brought about by rapidly changing information and/or technology. Ability to make sound decisions in a manner consistent with essential job functions. Ability to maintain level of knowledge required for satisfactory job performance. Ability to establish and maintain effective working relationships with other employees, customers, and the public. Ability to perform moderate physical activity and work in extreme climatic conditions. erformance of assigned tasks. Demonstrated integrity, ingenuity and inventiveness in the p Page 2 of 2 9/18/03 FINANCE AND ACCOUNTING MANAGER NATURE OF WORK Under general direction of the administrativaservices manager, administers workst SupervSupervises the ac ounnance and tingnstaff ting functions of the District. Must work independently process of the District. Exercises a high degree of decision makin gg the ede tnHasls of regular tconaact with District circumstances and must be able to recommend procedures where theres no pre management, employees, board of directors, customers and consultants requiring professionalism, maturity, tact and diplomacy. The finance and s Engages cnlnmanagerlight l exertion on Igh degree of an occasional confidentiality with regards to all employee issues. basis and works in an office environment. EXAMPLES OF WORK 1. Monitors and evaluates accounting staff performance on a regular basis, and makes recommendations for recognition and discipline when necessary. 2. Assists in the development of policies relating to finance, accounting, cash management and operating procedures. 3. Responsible for preparation of treasurer'smonthly d nve tmengreport,alubds status report nand cial statements, budget reports, statement f general fun any other financial report that may be added from time to time. 4. Oversees the accounts payable and payroll functions. 5. Reviews for accuracy and signs off on all monthly journal entries and year-end accruals. 6. With input from other management staff, prepares annual financial report including anag assets, discussion and analysis, balance sheets, statement of revenues, expenses, changes statements of cash flows, notes to financial statements and other supplemental reports as required. 7. Coordinates the annual audit of the District's financial records. Works with the District's auditors to respond to all information and document requests. 8. Follows generally accepted accounting principles in recording and accounting for District accounting and finance transactions. Reads and interprets FASB and GASB accounting rules to make sure that the District is in compliance with these rules. 9. Assembles annual budget submitted s annualevenues using historical as b.y Projecget heads and superintendents and for presentation to the General 9 proposed growth information. 10. Tracks all loan activity including principal and interest payment activity, submittal for loan advances, interest accruals, reserve fund requirements, continuing disclosure requirements, debt service ratio calculations where required and all other loan document compliance requirements. 11. Supervises cash management activity including recording and balancing customer payment activity, ayments and loan advances, wire transfers,re regular transfers as needed to and from miscellaneous the LocallllAgening cy Investmentg Fund or other financial institution per the District's investment policy. 1 Finance & Accounting Mgr 12. Oversees, reviews and approves the preparation of monthly, quarterly and annual reports as required by various governmental agencies. 13. Maintains an accounting procedures manual for each accounting procedure performed to be used for employee training, management review and auditor review. 14. Oversees the completion of various insurance coverage applications and schedules for the District's annual property and liability insurance renewal. 15. Performs other duties as required. QUALIFICATIONS REQUIRED A college degree in accounting or business administration is required. A CPA license is highly desirable. At least ten years of accounting experience preferably in a utility environment is required. Should have at least five years experience supervising employees and working with department heads, managers and supervisors. Experience in written and oral communications, budgeting, preparation of financial statements and budget reports is required. Should have a thorough knowledge of all office and staff procedures, equipment usage, administrative functions and management. Must be proficient in the use of spreadsheet, word processing and database programs. Should have knowledge and experience in the handling of personnel matters, organizational planning and complex financial matters. Should be able to understand the District's policies and procedures and be able to interpret them for other staff personnel. Should be a self-starter who can develop ideas, propose plans and execute them with a minimum amount of direct guidance and supervision. Must have good character and reputation and be able to treat all employee information with the highest degree of confidentiality. Must have the ability to present ideas and to motivate others in pursuing organization goals and objectives of the District. Should be especially skilled in areas of finance, accounting and cash management and be able to apply the latest accounting rules and procedures in these areas. Possession of a valid Department of Motor Vehicles Driver's license. 2 Finance & Accounting Mgr CHAPTER 2.52 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 the 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 any way 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 POSITION OR SOURCE OF INCOME, OR REAL PROPERTY DISCLOSURE Support Services Manager, Executive Secretary, I. Motor vehicles and specialty Electric Superintendent, Water Superintendent, vehicles and parts therefore. Buyer/Clerk, Electric Engineer, Water System 2. Construction and building [E 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, Accounting and Finance Manager Associate wire, meters, cable, conduit, etc. Water Engineer and Associate Electrical 6. Office supplies and equipment. Engineer. 7. Construction and building materials. g. 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. g. 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 Notice of Intent to Amend the District's Conflict of Interest Code Truckee Donner Public Utility District hereby notifies the California Fair Political Practices Commission of its intent to amend its existing Conflict of Interest Code. A. The amendment adds three positions to the list of designated position in the District Code This amendment will require the incumbents in those three positions to file an annual Statement of Economic Interests (Ca. Form 700). e of B. Copies of the proposed amendment have been Trucdkee Caable at the o n a, 961601cThe Deputy District Clerk, 11570 Donne proposed amendment is also posted on the District Web site at www.tdoud.org. C. Written comments concerning the proposed amendment can be submitted to Deputy District Clerk, Truckee Donner Public Utility District, P.O. Box 309, Truckee, California 96160 D. Comments submitted in writing relating to the proposed amendment must be submitted by November 1, 2006 in order to be considered by the District before it amends the Code. E. A public hearing is scheduled for November 1, 2006 at 7:00 PM (or as soon thereafter as possible) in the District Board Room at 11570 Donner Pass Road to received written and/or oral comments on the proposed amendment to the Conflict of Interest Code. F. Inquiries regarding the proposed amendment may be directed to Barbara Cahill, Deputy District Clerk at (530) 582-3909. G. The District has prepared a written explanation of the reasons for the designations and the disclosure responsibilities, and has available all of the information upon which its proposal is based.