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HomeMy WebLinkAbout6 Revision Conflict of interest Agendal--.1tem # 6 TRUCKEE DONNE Public Utility District i Jr PUBLIC HEARING To: Board of Directors From: Michael D. Holley Date: September 17, 2008 Subject: Public Hearing to Review Comments for Revisions to the District's Conflict of Interest Code 1. WHY THIS MATTER IS BEFORE THE BOARD The Political Reform Act requires every district to review its conflict-of-interest code biennially and submit a notice to its code reviewing body that specifies if the code is accurate, or alternatively, that the code must be amended. 2. HISTORY The District's Conflict of Interest Code was reviewed as part of District Code Title 2, Administration in a workshop held on August 6, 2008. The Fair Political Practices Commission (FPPC), as the code reviewing body for multi-county agencies sets the process as follows: (1) Establish a written comment period of 45 days. (2) Prepare a draft amendment and a notice of intention to amend the existing Conflict of Interest Code. • File a copy of the notice to the FPPC • Provide a copy to each employee affected by the draft code • Make the proposed amendment available to interested persons (3) Conduct a public hearing after the comment period. (4) Accept written comments through the conclusion of the public hearing. (5) Adopt the amended Conflict of Interest Code. 3. NEW INFORMATION Documentation was submitted to the FPPC on August 20, 2008. Amendments are needed to keep the Code current. New positions to be incorporated into the Code include: Public Information and Conservation Manager; Customer Services Manager and Technical Program Admistrator. Deleted positions are Support Services Manager; and Director of Tecommunications. One position has been renamed from Planning Director to Conservation Administrator. We are required to hold a public hearing before we adopt the amended resolution on October 1, 2008 for the entire revisions to Title 2, Administration. The public hearing was scheduled for 6:00 PM on September 17, 2007. 5. RECOMMENDATION Conduct the public hearing and receive public comment on the Code revsions. Michael D. Holley General Manager Deleted:¶ CHAPTER 2.52 `Formatted: Font: 12 pt CONFLICT OF INTEREST, ;Formatted: Font: 12 pt,Font color: Red Formatted: Font: 12 pt 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 poli of the Board that no employee of the District shall have any financial interest in an I outside the Truckee Donner Public Utility District which does business for profit the ee Donner Public i Deleted:(Resolution 8222 adopted Utility District. in 1982) 2.52.010 District's Conflict of Interest Code - Poli 'cal Reform Ac overnment Code Section 87100,et seq.)requires state an al gove ent agenci to adopt and promulgate conflict of interest codes. The Fair i P Ic s Commission has adopted a regulation(2 Cal. Code of Regs. 18730)which con the terms of a standard conflict of interest code. After public notice and hearing it ma ame ed by the Fair Political Practices Commission to conform to endments in the Reform Act. The terms of 2 California Code of Reg I n n 18 0 and any amendments to it duly adopted by the Fair Political Pr tice o sion are hereby adopted and incorporated by reference. T i regulatio ecti 2.52.015 designating officials and employees and establis i sure ca ones shall constitute the Conflict of Interest Code for the District. 2.52.010.1 Place f - mployees shall file their statements with the _......._.........__________.._.- Truckee Donn U istrict,whic will make the statements available for public Deleted:Who _ inspection uctio Go Code §81008). Statements for all designated (Formatted: Font: 12 pt employe ill be ret d by PUD. 2.52. 10. vestments d business positions in any business and sources of income listed in Col II are di losable if: 2.52.010.2(A) Th iness entity in which the investment or business position is held or the source of inc a 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 t. Demolition construction and maintenance services' u Real estate sales or investment firms; v Consulting services legal collection energy and power,engineering,sails testing,water• Formatted: Indent: Left�O", treatment, data processing computers financial labor relations employee training, Hanging: 0.63° advertising communications design art work audiovisual movie production,planning, water pricing and demand economics auditing desalination,architecture environmental, appraisal; w Information technology. x Computer hardware and software 2 Designated Positions a Administrative Services Manager Formatted: Indent: First line: 0.5" b Assistant General Manager c. Buyer/Clerk d Conservation Programs Administrator e Customer Services Manager f Electric Utility Manager/Power Supply Manager g Electric System Engineer h.Electric En igneer i Electric Superintendent j Finance&Accounting Manager k Geographical Information Services Coor Inato_ I Human Resources Administrator m.Power Supply Engineer rL Public Information and ConseaWion Manager Deleted:m n Senior Accountant Analyst Deletes:n r) Technical Program Administrato gg Water Utility Manager Deleted:o r Water Su erintendent Deleted:p Water System E Deleted:q Water En inee Deleted:r Formatted: Font:(Default)Arial - - -- --- - -.- _... .. ---------------------------------------------------Page Break---------------------------------------------------- TYPE OF BUSINESS ENTITY, DESIGNATED POSITION INVESTMENT 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. 8. Real property. 9. Newspapers. 10. Computer hardware and software. 11. Printing or reproduction. 12. Safety equipment and instruction material. 13. Educational and medical services and material. CONTINUED ---------------------------------------------------Page Break---------------------------------------------------- Administration Services Manager 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.