HomeMy WebLinkAbout2000-09-20 Agenda Packet - Board (4) Public Utility District i
Staff Report
To: Board of Directors
From: Peter L. Holzmeister
Date: July 28, 2000
Biennial review of Conflict of Interest Code
Please review the attached memo from Steve Gross. State law requires that we biennially review
our conflict of interest code. Steve has described the required process and a suggested schedule.
Recommendation
I recommend that the Board (1) authorize the general manager to notify the Fair Political Practices
Commission that the District intends to amend its conflict of interest code; (2) submit the draft
amendment to effected employees and the advertise it for public review; and (3) schedule a public
hearing on the draft amendment for September 20, 2000 at 7:00 PM.
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MEMORANDUM DATE: July 14,2000
TO Peter L.Holzmeister, General Manager
FROM: Steven. C. Gross, General Counse
RE: Conflict of Interest Code
As you are aware, every two years the District is required by the Political Reform Act to
review its conflict of interest code and amend it if necessary. I have reviewed the District's code and
believe that it must be amended to add the recently created positions of Director of
Telecommunications and GIS Coordinator to the code as positions which require the disclosure of
financial interests.
Attached is a draft of the amended code, which includes the positions of Director of
Telecommunications and GIS Coordinator as designated positions which must make the same types
of financial disclosures as the positions of support services manager, executive secretary, electric
superintendent, water superintendent, buyer/clerk, electric engineer, water system engineer and
power supply engineer. This suggested amendment is highlighted on the draft and is the only
suggested change to the code.
The procedure that the District must follow and a suggested schedule is set forth below.
A. Procedure
1. Review the proposed changes with the Board of Directors and confirm the
need to amend the code.
2. Notify the Fair Political Practices Commission(FPPC)that the District will
be amending its conflict of interest code within 90 days (of the date that the
notice is sent to the FPPC).
3. Prepare a draft amendment and submit it to the Board,any effected employee
and the public for review.
4. Conduct a public hearing and adopt the amended code.
5. Submit the amended code to the FPPC.
B. Swuested Schedule
1. August 2,2000-Board Meeting-Agendize the issue of the biennial review
of the conflict of interest code for Board discussion and possible action.
2. August 3,2000-Notify the FPPC of the District intent to amend its code and
submit to the draft amendment to any effected employee and to the public for
review.
3. September 20, 2000 - Board Meeting
A. 5 p.m. - Close the public comment period.
B. 7:30 p.m. - Conduct a public hearing and adopt the amended code.
4. Send the amended code to the FPPC.
7:\Work\Clients\ENTITY\TDPUD\Conflict\Conflict of Interest Code Amendment Procedure.mem
Truckee Donner Public Utility District Board of Directors
Joseph R.Aguera
J.Ronald Hemig
(530) 587-3896 James A. Maass
FAX (530) 587-1189 Patricia S.Sutton
Nelson Van Gunny
General Manager
Peter L.Holzmeister
September 6, 2000
California Fair Political Practices Commission
P. O. Box 907
Sacramento, CA 95804-0807
Subject: TDPUD Conflict of Interest Code Amendment
Dear Commissioners:
Enclosed please find a copy of the Notice of Intention to Amend Conflict of Interest Code
and a copy of the Proposed Amendments to the Conflict of Interest Code for the Truckee
Donner Public Utility District. The Proposed Amendments show additions in shaded -
type. There are no deletions.
The Notice and copy of the Proposed Amendments are being submitted to the Fair
Political Practices Commission pursuant to Section 18750.1 of the Regulations of the
Fair Political Practices Commission Title 2, Division 6 of the California Administrative
Code.
Please contact me at 530 582-3916 if you have any questions or require additional
information.
Very truly yours,
Peter L. Holzmeister
General Manager
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Post Office Box 309 + 11570 Donner Pass Road Truckee, California 96160
Truckee Donner Public Utility District
Notice of Intention to Amend
Conflict of Interest Code
1. The Truckee Donner Public Utility District has had, for a number of years a Conflict
of Interest Code which it adopted as required by the Political Reform Act of 1974,
Government code Section 81000, at seq. The District recently created some new
positions. The result of these changes to the District's organization required the
District to amend its Conflict of Interest Code. The District created the new positions
of Director of Telecommunications and GIS Coordinator. These newly created
positions must make certain financial disclosures. The financial interests in real
property, business interests and positions and sources of income which must be
disclosed remain the same as in the current Conflict of Interest Code.
2. A copy of the proposed amendment to the Conflict of Interest Code is available to
interested parties and may be obtained by writing, calling or dropping by the District
offices.
3. Written comments relating to the proposed amendments to the Conflict of Interest
Code must be received by 4:30 PM on September 20, 2000, and may be mailed or
dropped off at the District office in order for them to be considered by the District
before it adopts the amendments to the Conflict of Interest Code.
4. A public hearing has been scheduled for 7:00 PM on Wednesday, September 20,
2000 to receive public comments before the District adopts the proposed
amendments to the Conflict of Interest Code.
5. Inquiries concerning any proposed amendments to the Conflict of Interest Code may
be directed to Peter L. Holzmeister, General Manager at 530 582-3916.
6. The District has prepared a written explanation of the reasons for the designations
and disclosure responsibilities and has available at its offices all the information upon
which the proposed amendments to the Conflict of Interest Code are based.
September 000 �
Peter L. Holzmeis�neral Manager
Truckee Donner Public Utility District
P. O. Box 309— 11570 Donner Pass Road
Truckee, CA 96160
Explanation of the Reasons for the Designations and the Disclosure
Responsibilities in the Proposed Amendments to the
Truckee Donner Public Utility District's Conflict of Interest Code
The new positions of Director of Telecommunications and GIS Coordinator are proposed
to be added as designated positions. This change is necessary because the job
descriptions for these positions entail the making or participation in making of
governmental decisions which may foreseeably have a material effect on a financial
interest. Based on the duties of these positions, the disclosure categories for these
positions should be the same as the Support Services Manager, Executive Secretary,
Electric Superintendent, Water Superintendent, Buyer/Clerk, Electric Engineer, Water
System Engineer and Power Supply Engineer.
Receipt for Notice of Intention to Amend
Conflict of Interest Code and Proposed
Amendments to Conflict of Interest Code
The undersigned acknowledges receipt of a copy of the Truckee Donner Public Utility
District's NOTICE OF INTENTION TO AMEND CONFLICT OF INTEREST CODE and a
copy of the PROPOSED AMENDMENTS TO THE CONFLICT OF INTEREST CODE on
the date set forth below.
Date:
Signature
Name— printed
ILI
Position
- -............
Receipt for Notice of Intention to Amend
Conflict of Interest Code and Proposed
Amendments to Conflict of Interest Code
The undersigned acknowledges receipt of a copy of the Truckee Donner Public Utility
Districts NOTICE OF INTENTION TO AMEND CONFLICT OF INTEREST CODE and a
copy of the PROPOSED AMENDMENTS TO THE CONFLICT OF INTEREST CODE on
the date set forth below.
Date: 6 _
Signature
Name— printed
CIS C cncal�n� �r
Position
ru �K,_
DONNER
Public Utility •
O No. 2000-
A e District's Conflict of Interest Code
WHEREAS, the Truckee Donner Public utility District has had,for a number of years, a conflict of interest code
which it adopted as required by the Political Reform Act of 1974, Government Code Section 81000, et. seq.;
and
WHEREAS,the District recently created several new positions; and
WHEREAS,the result of these changes to the District's organization requires the District to amend its conflict
of interest code; and
WHEREAS, a portion of the District's conflict of interest code 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, the financial interests in real property, business interests and positions and sources of income
which must be disclosed remain the same as in the current conflict of interest code; and
WHEREAS,the district has prepared a written explanation of the reasons for the designations and disclosure
responsibilities and has available at its offices all the information upon which the proposed amendments to the
conflict of interest code are based; and
WHEREAS,copies of the proposed amendments to the conflict of interest code have been made available to
interested persons and written comments concerning the proposed amendments have been solicited; and
WHEREAS,a public hearing to receive comments before the District adopts the proposed amendments to the
conflict of interest code was held on this date, September 20, 2000;
NOW, THEREFORE, BE IT ENACTED by the Board of Directors of the District that the amended conflict of
interest code attached to this ordinance is hereby adopted.
PASSED AND ADOPTED by the Board of Directors at a meeting duly called and held within the District on the
20t6 day of September 2000 by the following roll call vote:
AYES:
NOES:
ABSENT:
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By
J. Ron Hemig, President, Board of Directors
ATTEST:
Peter L. Holzmeister, District Clerk
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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 requires state and local
government agencies to adopt and promulgate conflict of interest codes. The Fair Political
Practices Commission has adopted a regulation 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 2.52.010.3 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 If 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 Treasures
TYPE OF BUSINESS ENTITY, INVESTMENT
DESIGNATED POSITION OR SOURCE OF INCOME, OR REAL
PROPERTY DISCLOSURE
Support Services Manager, Executive Secretary, 1. Motor vehicles and specialty
Electric Superintendent, Water Superintendent, vehicles and parts therefor.
Buyer/Clerk, Electric Engineer, Water System 2. Construction and building
Engineer, Power Supply Engineer;= DiresFo o,� materials.
jelEedafnm ida�o-s ,° IS Giro— �[o�FiG 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.
8. 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 therefor.
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
Administration Services Manager
1. Motor vehicles and specialty
vehicles and parts therefor.
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.
8. 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.
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 proceeding.
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 12/7192; amended on 9/20/93 by MO93-194; amended 12/4/96 by
Resolution 9633)
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