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HomeMy WebLinkAbout12 Setting a Public Hearing to Reviw the Conflict-of-Interest Code Agenda Item # 12TRUCKEE DONNER ubhc Utility District PF CONSENT To: Board of Directors From: Kathleen Neus Date: September 05, 2012 Subject: Consideration of Setting a Public Hearing to Review the Conflict-of- Interest Code 1. WHY THIS MATTER IS BEFORE THE BOARD This matter involves conducting the mandated biennial review of the District's Conflict- of-Interest Code. Amending the Code requires Board action. 2. HISTORY The California Political Reform Act requires every multi-county agency to review and amend its Conflict-of-Interest Code every two years if circumstances require. The District's Conflict-of-Interest Code was last reviewed with the Board in February 2009. The Fair Political Practices Commission (FPPC) worked with districts and agencies to standardize the Conflict-of-Interest format. 3. 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. The review and revisions of the District Code Title 2, Administration include the Conflict-of-Interest Code. An amendment is needed to add the new position of IT/SCADA Engineer and change the title for the Geographic Information System Coordinator to IT/GIS Operations Manager. The red lined Conflict-of-Interest Code is included as Attachment 1. The Fair Political Practices Commission 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 Commission (Attachment 2) • 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 4. FISCAL IMPACT There is no fiscal impact in this matter. 5. RECOMMENDATION a) Establish a 45 day written comment period b) Direct the General Manager to submit the Notice of Intention to amend the District's Conflict-of-Interest Code to the Fair Political Practices Commission c) Set a public hearing for November 7, 2012 to receive comments on the draft amendment to the District's Conflict-of-Interest Code .x Michael D. Holley General Manager Attachment 1 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 2.52.020 Disclosure Categories and Designated Positions 2.52.005 Financial Interests of Employees It is the policy of the Board that no employee of the District shall have any financial interest in any activity outside the District which does business for profit with the District. 2.52.010 District's Conflict of Interest Code The Political Reform Act (Government Code Section 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict-of-interest codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs. 18730)that contains the terms of a standard conflict-of-interest code, which can be incorporated by reference in an agency's code. After public notice and hearing, the standard code may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby adopted and incorporated by reference. This regulation and Sections 2.52.015 — 2.52.020 designating officials and positions and establishing disclosure requirements shall constitute the conflict-of-interest code for the Truckee Donner Public Utility District (District). 2.52.010.1 Place of Filing Individuals holding designated positions shall file their statements with the District, which will make the statements available for public inspection and reproduction (Gov. Code §81008). Statements for all designated positions will be retained by the District. 2.52.015 Officials Who Manage Public Investments The following positions are not covered by this conflict-of-interest code because those individuals holding these positions must file under Government Code Section 87200. These positions are listed for informational purposes only: • Members of the Board of Directors • General Manager • District Treasurer • Assistant Treasurer • Consultants (Those that invest public funds.) An individual holding one of the above-listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if Attachment 1 they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by Government Code Section 87200. 2.52.020 Designated Positions and Disclosure Categories A. Designated Positions The following positions are in Disclosure Category is Administrative Services Manager Assistant General Manager Attorney Electric Utility Manager/Power Supply Engineer/GIS Public Information and Conservation Manager Water Utility Manager Consultants* The following positions are in Disclosure Category II: Buyer/Clerk Contract Administrator Customer Services Manager Finance and Accounting Manager I a I GIS Operations Manager IT/SCADA Engineer Senior Accountant/Analyst Technical Program Administrator The following positions are in Disclosure Category III: Conservation Program Administrator Electric Engineer Electric Superintendent Electric System Engineer Water Engineer Water Superintendent Water System Engineer *Consultants shall be included in the list of designated employees and shall disclose pursuant to the Disclosure Requirements in the Code, subject to the following limitations. The General Manager may determine, in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties, and based upon that description, a statement of the extent of disclosure requirements. The General Manager's determination is a public record and shall be retained for public inspection in the same manner and location as the conflict- of-interest code. B. Disclosure Category Attachment 1 Individuals holding designated positions in Disclosure Category I must report their interests in real property located within the jurisdiction or within two miles of the boundaries of the jurisdiction or within two miles of any land owned or used by the agency; and investments and business positions in business entities, and income, including loans, gifts, and travel payment, from all sources. C. Disclosure Category II Individuals holding designated positions in Disclosure Category II must report their interests in real property located within the jurisdiction or within two miles of the boundaries of the jurisdiction or within two miles of any land owned or used by the agency; investments and business positions in business entities, and income, including loans, gifts, and travel payment, from sources, that: a) provide supplies, materials, machinery, equipment, or vehicles of the type utilized by the District, including, but not limited to: motor and specialty vehicles and parts, petroleum products, construction and building materials (e.g. transformers, poles, wire, cable, pipes), and solar and renewable energy products; b) are contractors providing services utilized by the District, including, but limited to: educational and medical services, information technology, insurance, engineering, energy pricing, legal, and billing and collection; c) are persons with a permit pending before the District; d) are utility companies or sources that supply power to the agency, including solar and renewable power; e) engage in the business of brokering, acquiring, leasing, marketing, disposing, or owning real property; or f) provide engineering, energy, or environmental assessment reports including those relating to pricing and demand. g) provide consulting services, including, but not limited to: legal, financial, public relations, labor relations, and energy. D. Disclosure Category III Individuals holding designated positions in Disclosure Category III must report their investments and business positions in business entities, and income, including loans, gifts, and travel payments, from sources, that provide services, supplies, materials, machinery, equipment, or vehicles of the type utilized by the Department to which the filer has been assigned. Attachment 2 Truckee Donner Public Utility District NOTICE OF INTENTION TO ADOPT OR AMEND A CONFLICT-OF-INTEREST CODE NOTICE IS HEREBY GIVEN that the Truckee Donner Public Utility District intends to adopt or amend a conflict-of-interest code pursuant to Government Code Section 87300 and 87306. Pursuant to Government Code Section 87302, the code will designate employees who must disclose certain investments, income, interests in real property and business positions, and who must disqualify themselves from making or participating in the making of governmental decisions affecting those interests. A written comment period has been established commencing on September 6, 2012 and terminating on November 7, 2012. Any interested person may present written comments concerning the proposed code no later than November 7, 2012 to the Truckee Donner Public Utility District. No public hearing on this matter will be held unless any interested person or his or her representative requests no later than 15 days prior to the close of the written comment period, a public hearing. The Truckee Donner Public Utility 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. A conflict-of-interest code is being adopted to identify the officials that make or participate in making governmental decisions. Copies of the proposed code and all of the information upon which it is based may be obtained from the Truckee Donner Public Utility District, 11570 Donner Pass Road, Truckee, CA 96161. Any inquiries concerning the proposed code should be directed to Barbara Cahill, 530-582-3909, barbaracahill(&tdgud Ora- . NOTE: This notice should be filed with the Fair Political Practices Commission and served individually on agency employees and officers affected by this code 45 days prior to agency action.