HomeMy WebLinkAbout16 District Conflict of Interest Code Agenda Item #
TRUCKEE DONNER
Public Utility District
Memorandum
To: Board of Directors
From: Peter Holzmeister
Date: August 2, 2002
Subject: State law requires a biennial review of the District's Conflict of Interest Code
As you are aware, every two years, the District is required by the Policial Reform Act to
review its conflict of interest code and amend it if necessary. I have reviewed the the
District's code and believe that it must be amended to add the recently created positions
of Water Utility Manager and Accountant which require the disclosure of financial
interests.
Attached is a draft of the amended code, which includes the positions of Water Utility
Manager, Electric Utility Manager, Assistant General Manager, and Senior
Accountant/Accounting Analyst 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.
The procedure that the District must follow and a suggensted 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. Suggested Schedule
1. August 7, 2002 — Board Meeting —Agendize the issue of the biennial
review of the conflict of interest code for Board discussion and possible
action.
2. August 8, 2002— Notify the FPPC of the District intent to amend its code
and submit the draft amendment of any effected employee and to the
public for review.
3. September 18, 2002— Board Meeting
A. 5 PM —Close the public comment period.
B. 7:30 PM—Conduct a public hearing and adopt the amended code.
4. Send the amended code to the FPPC
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 18, 2002 at
7:00 PM.
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 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.
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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 therefore.
Buyer/Clerk, Electric Engineer, Water System 2. Construction and building
Engineer, Power Supply Engineer, Director of materials.
Telecommunications, GIS Coordinator, 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
Title 2 Page 19
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.
6. 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
Title 2 Page 20
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
Title 2 Page 21
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)
smc 11/16/00
Title 2 Page 22