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HomeMy WebLinkAbout6 Review District Code Agenda Item # 6 r. Public Utility District ACTION To: Board of Directors From: Mary Chapman Date: October 01, 2008 Subject: Consideration of a Resolution Adopting Revisions to District Code - Title 2, Administration 1. WHY THIS MATTER IS BEFORE THE BOARD The District Code should periodically be reviewed and updated to conform to District Board policies, new applicable laws, regulations and District procedures. 2. HISTORY At the August 6, 2008 Board meeting, the Board reviewed highlights of the major changes being proposed to Title 2, Administration. Director comments received since that meeting were incorporated into Title 2. 3. NEW INFORMATION Included in this packet are the following items: 1) Resolution "Adopting Amendments to the District Code Title 2, Administration" 2) Updated list entitled "Highlights of Major Changes" (Item 1) - Board recommended changes are in green. 3) List of resolutions, ordinances, minute orders and board directives being replaced with the new resolution (Item 2) 4) Copy of Title 2 with all proposed amendments incorporated (Appendix A) 5) A new redline version showing the changes since the last meeting (Appendix B) 4. FISCAL IMPACT There is no direct fiscal impact associated with this action. 5. RECOMMENDATION Approve the resolution "Adopting Amendments to the District Code Title 2, Administration" and authorize the President of the Board to sign the resolution. Mary Ch ma ichael D. Holley Administrative Services Manager General Manager A r F y' � H F� Resolution No. 2008 - XX ADOPTING AMENDMENTS TO THE DISTRICT CODE TITLE 29 ADMINISTRATION WHEREAS, the Board of Directors of the Truckee Donner Public Utility District wishes to amend the District Code Title 2, Administration; and WHEREAS, the District Code provides rules and regulations intended to convey a comprehensive description of the manner in which the District operates, manages its finances and performs its accounting; and WHEREAS, periodically, the District Code should be reviewed and updated to conform to District Board directives, new applicable laws and regulations and improvements; and WHEREAS, a portion of District Code Title 2 includes the Conflict of Interest Code which must be reviewed bi-annually and includes a list of directors, officers, employees and consultants who must disclose certain financial interests and a list of those interests that must be disclosed; and WHEREAS, a workshop was held on August 6, 2008 for the Board to review and comment on the proposed changes to Title 2; and WHEREAS, a Public Hearing was held on September 17, 2008 to consider public input on the proposed changes to the Conflict of Interest section of Title 2 , and WHEREAS, the revised version of Title 2 will bring the District's administrative policies up-to-date and will replace all preceding resolutions, ordinances, minute orders and board directives in Title 2. NOW THEREFORE, BE IT RESOLVED, that the Board of Directors does hereby adopt the amended District Code, Title 2, Administration. PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public Utility District in a meeting duly called and held within said District on the 1st day of October 2008 by the following roll call vote: AYES: ABSTAIN: NOES: ABSENT: TRUCKEE DONNER PUBLIC UTILITY DISTRICT By Tim F. Taylor, President ATTEST: Michael D. Holley, Clerk of the Board ITEM 1 TITLE 2: Administration - Highlights of Major Changes CHAPTERS: 2.01 Bylaws • Added reference that Chapters 2.02 through 2.28 comprise the District's Bylaws 2.02 Board of Directors and Officers • Added District officer positions of the Assistant Treasurer and Accountant and that the Treasurer, Assistant Treasurer and Accountant shall be appointed by name. • Removed reference to the old defined benefit plan. Reference to the current retirement plan is included in Title 4 Personnel. • 2.02.02.1 Changed wording such that "The President shall act as official spokesman of the Board at the discretion of the Board..." 2.03 Ordinances • Changed all references to taping of meetings to recording of meetings to allow for new technologies to be used such as DVDs. 2.04 Board Meetings • Changed procedure by which board members can add items to the agenda. Revised the order of business on the agenda to match the format of current agendas. • Since workshops are frequently included in all agendas, we deleted workshops as a separate board meeting. • 2.04.040 Special Meetings — "Such waiver may be given in writing in person, by US mail or by e-mail." 2.08 Board Meeting Minutes • Changed references from tapes to recordings to allow for new technologies to be used such as DVDs. 2.16 Budgets • Changed wording of when budgets would be presented to allow for annual or bi-annual budget cycles. 2.36 Payment of Expenses • Clarified board member use of District issued credit cards for approved business expenses. ITEM 1 (Con't) 2.40 Delegations • Deleted old language relating to identifying priority areas needing improvement from 1986. 2.48 Performance Evaluations and Salary Adjustments • Combined with Section 2.32.020.10 and modified to match language in the General Manager's Employment Agreement. 2.52 Conflict of Interest • Updated sections on Disclosure Categories and Designated Positions required to comply with the Conflict of Interest Code. A third category was added for positions with minimal reporting. 2.56 Board Code of Conduct • Added section to address the AB 1234 requirement for directors to receive ethics training every two years. ITEM 2 TITLE 2: Minute orders, resolutions and ordinances to be replaced with a new resolution after adopting the policy revisions (all references to minute orders, resolutions and ordinances in the current code to be revised were included) CHAPTERS: 2.01 Bylaws: The Bylaws are included in Sections 2.02 through 2.28 of the District Code. 2.02 Board of Directors and Officers Resolutions 71-32, 76-02, 89-26, Ordinance 95-02, Minute Order 92-185 2.03 Ordinances Minute Order 88-187 2.04 Board Meetings Ordinance 77-03, 95-02, 0702, Minute Order 91-95, 92-189, Resolution 79- 39, 82-08, 84-12, 85-04, Board Direction 6/21/78 2.08 Board Meeting Minutes Minute Order 91-113, Ordinance 95-02 2.10 Notices of Public Hearings Minute Order 88-187 2.30 Notices Board Direction 12/5/78 2.32 Relationships Among Officials Resolution 72-04, 80-71, 84-01 2.36 Payment of Expenses Resolution 84-34, 86-14 2.40 Delegations of Duties Minute Order 86-17 2.44 Conditions of Employment Resolution 80-80 2.48 Performance Evaluations and Salary Adjustments Resolution 80-80 ITEM 2 (Con't) 2.50 Retention and/or Destruction of Records Minute Order 95-124 2.52 Conflict of Interest Ordinance 80-09, 87-03, 88-04, 2000-02, 2002-05, 2003-02 Resolution 82- 22, 88-11, 92-42, 96-33 Minute Order 93-194 2.56 Board Code of Conduct Resolution 2007-06 APPENDIX A(amendments incorporated) 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 11rectors to the General Manager 2.44 Conditions of Emp oyi nt for the General Manager 2.48 Performance Evaluation ano S lory Adjustment for General Manager 2.50 Reteni,(c► arld/or De uction of Records 2.52 Confe t of Int Brest 2.56 Cade of Conduct CHAPTER 2.01 BYLAWS Sections. 2.01.10 flaws 2.01.010 Bylaws'- Sections 2.02 through 2.28 below comprise the District's Bylaws. 1 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. 2.02.020.6 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 fQ; attempt to give each Director the opportunity to serve as President and Vice PresidgM fortune year during their four-year term. Notwithstanding the foregoing, an incumberit.Y.Presidehfor Vice President may be re-elected to that office. The officers serve at the pieaaure of the Board and may be removed from office prior to the expiration of their 9n`e-year term. CHAPTER`1.01 ORDINANCES Sections: 2.03.010 Publication of9rdi ranceo 2.03.010 Publication of Ordinances - Alf:ordinances of the Board will be placed for publication once in the public notice section b a local newspaper of general circulation within 30 days after�drption. CHAPTER 2.04 BOARD MEETINGS Sections: 2.04.010 Place of Meeting 2.04.020 �`me 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 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, the District's website and the Truckee Branch of the Nevada County Library. 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) Verball ;�equeesting R 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 Presidentt support_- Such requests must be made in a timely manner and shall compI h the deadlines established for the preparation of the Notice of Meeting (agenda). 2.04.060.3 No item.mill be piked on the agenda until the following conditions have been met. Items fan agenda not meeting the conditions will be either struck from the agenda or will be,. abled to the ne* 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 eveni�rg 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 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 uparppaintment 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" ayment o 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 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 Perk 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 re p'ire a 10te of the majority of the Board. CHAPTER 2.30 NOTICE Sections: 2.30.010 Planning Department Notices 2.30.010 Planning Department Notices Planning Department Notices will be handled by the General Manager and the District ENineer .N66c of importance will be brought to the Board's attention by the Engineer during h' e port"`at the Board meeting. CHAPT 2.32 RtLA"I"`IONSHIPS AMONG OFFICIALS Sections; 2:324E10 Finart+ al Relationships Among Officials 2.32.0o, Direcor/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. 9 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 CHAPTER 2.36 PAYMENT OF EXPENSES Sections: 2.36.010 Payment of Expenses- Directors and General Manager 2.36.010 Payment of Expenses - In order to manage fie District it is necessary that the Directors and General Manager remain well informed on latest technologies, management practices and issues affecting water a6d electric utilities. It is the policy of the District to encourage`[�irectors and the General Manager to participate in training programs offered by professional and t`gde a$bociations by paying the expenses for membership and attend n.c at conferences. The reimbursement oUdxpenses fncurred b irectors and the General Manager while conducting District business, shaft be guided'by the following principles: 2.36.010.1 Board aauthorizaticn for attendance and payment of appropriate expenses for the General /tanager And Dirctor to attend conferences, training sessions, schools and/or m tings shall be Qbtainec In advance. 2.36.010.2 Whenever possible, the District shall issue checks in advance to cover lodging, air fare and conference costs. 2.36.010.4 Each Director shall be issued a District credit card in their name to cover approved District lousiness expenses. 2.36.010.5 Upon return, there shall be an itemization of moneys spent and receipts evidencing the same shall be attached on a form provided by the District. A copy of this itemization and attachments shall be provided to all Board members. If appropriate receipts are not provided to the District, there shall be no reimbursement. 2.36.010.6 Payment of the Board member credit card charges shall be presented with the list of cash disbursements presented to the Board for approval as part of the monthly Treasurer's Report. 11 2.40.010.2(A) Review the District's activities and recommend to the Board the best type of organizational structure. 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, maintaiin` and erf�rce the District's personnel policies as prescribed by the Board. 2.40.010.3(G) Act as the Bo#r 's agent irr meeting and conferring with employees and employee organizations, h 2.40.010.3(H) Imple. mahtJob train.ing and safety programs to the benefit of the District. 2.40.010.30Y.,Est4blish performance appraisal programs for all District personnel. 2.40.01 GAJ) Maintain u -to-dat+, chart of all District positions and their respective class specifiCAWns. 2.40.010.3(K) Recommend to the Board for approval the employment of outside consultants and heWti to 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. 13 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. 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 peer 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. 15 2.50.040 Duplicate records less than five years old; destruction - Notwithstanding the provisions of Section 2.50.010, the District Clerk of the District 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 54203) CHAPTER 2.52 CONFLICT OF INTEREST'l . Sections: 2.52.005 Financial Interests of Employers 2.52.010 District's Conflict of Interest Coda: 2.52.015 Officials Who Manage Public Invesrent 2.52.020 Disclosure Categories and Designates; 'ositions 2.52.005 Financial Interests of Empl+wees .It is the policy of the Board that no employee of the District shall have any financial iiterest n any activity outside the Truckee Donner Public Utility Distriq *hich does business for profit with the Truckee Donner Public Utility District. 2.52.010 District's Cd"ict of Interest- de - The Political Reform Act (Government Code Section 87100, et se .) 4 uires state and local government agencies to adopt and promulgate conflio 4f nteresf codes. The Fair Political Practices Commission has adopted a regulation.,.. 2 Cal. Co op„of Re6$ 18730) which contains the terms of a standard conflict of interest code. After ptblic notice and hearing it may be amended by the Fair Political Practi es''Cgmmission to conform to amendments in the Political Reform Act. The terms of California Code of Regulations Section 18730 and any amendments to it duly adopted by tho3 Fair Political Practices Commission are hereby adopted and incorporated by refence. 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, which 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: 17 b. Office equipment and supplies; c. Banks and savings and loan institutions; d. Public utilities; e. Financial audit services; f. Insurance services; g. Printing, reproduction or photographic equipment, supplies and services; h. Chemical supplies and equipment; i. Motor vehicles and specialty vehicles, parts and supplies; j. Petroleum products; k. Measuring and calculating equipment; I. Safety equipment and supplies; m. Telephone and communication services and equipment; n. Pipes, valves, fittings, pumps, tanks and similar materJa1, o. Water quality testing equipment and services; p. Cathodic protection equipment, services and supplies; q. Engineering services; r. Employment and temporary help agencies; s. General and specialty equipment rental; t. Demolition, construction and maintenane services u. Real estate sales or investment firms; V. Consulting services: legal, collection, energy; and power, engineering, soils testing, water treatment, data processing, computers, financial, labor relations, employee training, advertisincommunications, a"fi, art work, audiovisual, movie production, planning, wt . pacing and d and, economics, auditing, desalination, architecture environmental; appraisal; w. Information technology. x. Computer hardware and software 2. Designated Position a. Administrative Services /tanager b. Assistant Oener Manage c. Buyer/Clerk d. Conservation.,Programs Administrator e. ustomer Services Manager ." 5lectric Utility Mariago i0ower Supply Manager g. Eleetric System E-hgineer h. Electft Engineer i. Electric gperptendent j. Finance & Apcounting Manager k. Geograp c'al Information Services Coordinator I. Human Resources Administrator m. Power Supply Engineer n. Public Information and Conservation Manager o. Senior Accountant Analyst p. Technical Program Administrator q. Water Utility Manager r. Water Superintendent s. Water System Engineer t. Water Engineer 19 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.; 2.01.020.2 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 din eiso0ions and debate; 2.56.030.2 Honor the role of the Board President jn'maintaining order and equity. Respect the Board President's efforts to focus discus� n on Or agenda items. Objections to the President's actions should'be, oiced poely and with reason; 2.56.030.3 It shall be the duty and esponsibilt�r of the Board President to ensure that the rules of operation aid decorum con t in P the Board Code of Conduct are observed; 2.56.030.4 The Bo rd Presi�nt shall maintain control of communication between Directors and between t e Directors and,.staff and public; 2.56.0304 Directors shoed request and be recognized by the Board President before speaklbg. i When one Director has the floor and is speaking other Directors shall not interrupt or otherwise disturb the speaker; 2.56.030.E Be resiaectfuf of other people's time. Stay focused and act efficiently during public meetings. Thy 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. 21 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. 23 APPENDIX B-redlined 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 Official 2.36 Payment of Expenses 2.40 Delegations fr the Board of rs to the General Manager 2.44 Conditions of Em the eneral Manager 2.48 Performance Eval ion d ry Adjustment for General Man 2.50 Re ;fiYn**/or De uction of Records 2.52 flict of erest 2.56 a of C uct CHAPTER 2.01 BYLAWS Sections: 2.01.10 laws 2.01.010 Bylaws -Sections 2.02 through 2.28 below comprise the District's Bylaws. Formatted: Right: 0" CHAPTER 2.02 BOARD OF DIRECTORS AND OFFICERS Sections: 2.02.010 Quorum 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 Ordi ces 2.03.010 Publication of Ordinances - All ordina of the Board will be placed for publication once in the public notice section of a local spa r of general circulation within 30 days after adoption. 01�1 CH TE OAR ETINGS Sections: 2.04.0 0 Plac eeting 2.0 e o et' 2 .030 A me etings .040 Spe I al tings 2. 50 Wri Notice of all Meetings 2.04. Av ' bility of Agenda Packet 2.04.06 nda,discussion and debate-Regular and pecial Meetings 2.04.070 Order of Business 2.04.080 Voting 2.04.090 Statements for Visitors 2.04.100 Recording of Meetings 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 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, the District's website and the Truckee Branch of the Nevada County Library. 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 re ul�ar meafangs. 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 requesttng it if his'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 forthe 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 n g without discussion. 2.04.060.3(A) Infor 'on regar g the topic must be in the hands of the Board members prior to the Monda ev g b jogular meeting and not less than three days prior to any special m etng wi me exceptions in the case of an emergency meeting. 2.04.0 (B) The ite >'as ' ` ppears on the agenda will have adequate staff and cons a eparation p` to the presentation to the Board for discussion and review. Without thi ch items ill be referred to staff by the Chair. 2.04.060.3(C) sultants and staff and Board will be kept informed by memo and regular correspo nce 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. 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 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 meeti rdings shall be made available to any interested party upon their request and p ent of the duplication costs pursuant to the Miscellaneous Fee Schedule. CHAPTER 2.10 PUBLIC HEA GS Sections: 2.10.010 Notices of Public Hearings 2.10.010 Notices of Public Hearings All,public.hean gs will be advertised by the Secretary in a local newspaper of general circulation in small display ad form. CHAPTER 2.12 COMMITTEES Sections: 2.72.010 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. CHAPTER 2.16 BUDGETS Sections: 2.16.010 Budgets 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 2.30 NOTICES Sections: 2.30.010 Planning Department Notices 2.30.010 Planning Department Notices-Planning Depart tices will be handled by the General Manager and the District Engineer. Notices port will be brought to the Board's attention by the Engineer during his report oard m 'ng. CHAPTER RELATIONSHIPS AMONG CIALS Sections: 2.32.010 Financial Relatio 1 O 1 ials 2.32.020 Director/Manager lati i 2.32.010 Financial W41*0rishilis Amon icials 2.32.010.1 District offic i t limited to engineering,financial and/or legal consultants s o ente agreements with, or otherwise represent, individual Board members h artie a such an arrangement may potentially conflict with the interest the Distric 2.32. 10. Members the Board of Directors shall not enter into contractual arrangemen ith,or o rwise utilize,engineering,financial and/or legal consultants who perform work erv' 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 Truckee Donner Public Utility 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 CHAPTER 2.36 PAYMENT OF EXPENSES Sections: 2.36.010 Payment of Expenses-Directors and General Manager 2.36.010 Payment of Expenses-In order to manage the Distri is necessary that the Directors and General Manager remain well informed on lates logies,management practices and issues affecting water and electric utilities. It is the policy of the District to encourage Directors an neral Maria rticipate in training programs offered by professional and tra ssociations by payin expenses for membership and attendance at conferences The reimbursement of expenses incurred by Direc nd the General Manager while conducting District business, shall be guided by the fo 'ng pr ciples: 2.36.010.1 Board authorization for ce and payme f appropriate expenses for the General Manager and Directors t t renc s, training sessions, schools and/or meetings shall be obtained in ad nce. 2.36.010.2 Whenever p e Distri all issue checks in advance to cover lodging, air fare and conferen osts. 2.36.010.4 Each ire s a District credit card in their name to cover approved Distri usines enses. 2.36.010 Upon re t they II be an itemization of moneys spent and receipts evide the same sh be ched on a form provided by the District. A copy of this itemi do nd attachm, s shall be provided to all Board members. If appropriate receipts are provide the District, there shall be no reimbursement. 2.36.010.6 Paym the Board member credit card charges shall be presented with the list of cash disb I ments presented to the Board for approval as part of the monthly Treasurer's Report. 2.36.010.7 In the event a personal vehicle is used, reimbursement shall be at the IRS business deduction rate. This sum represents the District's total expense for vehicle use and fuel charges. 2.36.010.8 Prior to departure on the conference,the Director or General Manager shall be provided with a copy of this policy,a copy of the expense form,and any documents relating to hotel registration, conference registration and airline ticketing. 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) Impleme ing and safety programs to the benefit of the District. 2.40.010.3(1) Esta erform ce appraisal programs for all District personnel. 2.40.010.3(J) intain u date chart of all District positions and their respective class specificatio 2.40. (K) Recom nd the Board for approval the employment of outside cons an nd negotiat rms of contracts for services. 2.40.010.4 Di` 2.40.010.4(A) E rce 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 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 the General Manager 2.44.010 Conditions of Employment for the Gene ana er-Prior to employment by the District, the prospective General Manager shall b quire to satisfy the Board of Directors that his general physical condition is such that he able to function property in the position. CHANTER 2.48 PERFORMANCE EVALUATIONS AND SALARY ADJUSTMENTS Sections: 2.48.Q10 Performance Evaluations and Salary Adjustments for the General Manager 2.48.010Te,rformance 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:feast 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: 2.50.050 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) CHAPTER 2.52 CONFLICT OF INTEREST Sections: 2.52.005 Financial Interests of Employees 2.52.010 District's Conflict of Interest C 2.52.015 Officials Who Manage Publi vestments 2.52.020 Disclosure Cate ories an e ianatd Positions - Formatted: Font: 12 pt,Bold 2.52.005 Financial Interests of Employees - It grepolicy of the Board that no employee of the District shall have any financial interest ny a vity outside the Truckee Donner Public Utility District which do business for profit a Truckee Donner Public Utility District. 2.52.010 District's Conflict of Int resfiCod h olitical Reform Act (Government Code Section 87100,et sWIS3+1Ns. r quires sta loca government agencies to adopt and promulgate conflict of in The r Political Practices Commission has adopted a regulation (2 Cal. C of Reg 18730) contains the terms of a standard conflict of interest code. ublic n e and he ng it may be amended by the Fair Political Practices Commis ion o timents in the Political Reform Act. The terms is Co of gulations Section 18730 and any amendments to it duly ad d by the it Po I Practices Commission are hereby adopted and incor d by referenc Th' egulation and Section 2.52.015 designating officials and empl ee d establis disclosure categories shall constitute the Conflict of Interest Code for the trict. 2.52.010.1 PI ilin - Designated employees shall file their statements with the Truckee Donner lie Utility District,which 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 g. Printing, reproduction or photographic equipment, supplies and services; h. Chemical supplies and equipment; i. Motor vehicles and specialty vehicles, parts and supplies; j. Petroleum products; k._Measuring and calculating equipment; I. Safety equipment and supplies; m. Telephone and communication services and equipment; n. Pipes, valves, fittings, pumps, tanks and similar materials, o. Water quality testing equipment and services; p. Cathodic protection equipment, services and supplies; q. Engineering services; r. Employment and temporary help agencies; s. General and specialty equipment rental; t. Demolition, construction and maintenance service u. Real estate sales or investment firms; v. Consulting services: legal, collection, ener power, e e g, soils testing, water treatment, data processing, puters, financial, I relations, employee training, advertising, commu tions,Xnd, gn, art wo audiovisual, movie production, planning, water p and economics, auditing, desalination, architecture environmental, a al; w. Information technology. x. Computer hardware and software 2. Designated Positions a.Administrative Services Mana b. Assistant General Manager c. Buyer/Clerk d. Conservatio ogram dminis o e. Customer ices Ma ger f. Electric na t4pply Manager g. Electric System eer h. El 'neer i. tric Sup tende nance &Acc tin nager ographical I ma ion Services Coordinator I. Hu n Resour ' Administrator M. Po Su l ' n ineer n. Public I tion and Conservation Manager o. Senior "untant Analyst p. Technic ` Program Administrator q. Water Utility Manager r. Water Superintendent s. Water System Engineer t. Water Engineer C. Category III 1. Disclosure Categories, Persons occupying positions in Category III shall disclose any investments in, sources of income from, and business positions held in any business providing services,supplies,materials,or equipment of the type utilized by the District,and located in or doing business within the District.Types of businesses for which disclosure is 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 - IConduct,; Deleted: and 2.56.020.6 Directors shall be responsible for the highest standards of respect,civility and honesty. Deleted:¶ 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 resp©nstbility 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 Directo aff and pulic; 2.56.030.5 Directors uld reqtpst and be recognized by the Board President before speaking. When irector, s the floor and is speaking other Directors shall not interrupt or otherwise d b 2.56.030.6 tful o er people's time. Stay focused and act efficiently during public me gs. Th rk at s important and decisions must me made; 2.56. Staff membe as I the General Manager in presenting information to the Boar of ctors and II be a resource to the Directors to answer questions arising during disc 'on. The discussions shall remain focused on the agenda topic in accordance wi e n Act; 2.56.030.8 Distri eneral Counsel shall act as Parliamentarian to assist the Board President in matt s regarding procedure,enforcement of this Board Code of Conduct and compliance with the Brown Act so that the Board actions remain orderly and proper;, Deleted:and 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 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.