HomeMy WebLinkAboutORD 1988-04 - Board ORDINANCE NO. 88 04
OF THE
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
REPEALING THE DISTRICT'S PRIOR CONFLICT OF INTEREST CODES
AND ADOPTING A NEW CONFLICT OF INTEREST CODE
WHEREAS, the Political Reform Act of 1974, Government Code Section
81000, et sea. , requires that all public agencies, including the
District, adopt and promulgate a Conflict of Interest Code; and
WHEREAS, a Conflict of Interest Code was established by Ordinance
7602 , subject to the approval of Nevada County Board of
Supervisors, pursuant to the Political Reform Act of 1974 ; and
WHEREAS, by Resolution 8024, the District's Conflict of Interest
Code was submitted to the Nevada County Board of Supervisors for
approval; and
WHEREAS, subsequent to such submittal, the Nevada County Board of
Supervisors approved the District's Conflict of Interest Code; and
WHEREAS, the Political Reform Act of 1974 has been amended by the
Legislature on numerous occasions, leaving the District's Conflict
of Interest Code out of date; and
WHEREAS, the California Fair Political Practices Commission has
adopted a regulation, Section 18730, found at 2 California
Administrative Code Section 18730, which includes and incorporates
a model Conflict of Interest Code which can be adopted by local
agencies, including the District; and
WHEREAS, the Fair Political Practice Commission has vowed to update
Section 18730 on a yearly basis, as needed, in response to
Legislative amendments; and
WHEREAS, by Ordinance No. 8703, the District adopted a Conflict of
Interest Code that incorporated 2 Administrative Code Section
18730, but was subsequently notified by the Fair Political
Practices Commission that it should re-adopt the Code, after
complying with 2 Administrative Code Section 18750. 1, which
provides a procedure for adoption; and
WHEREAS, the District has now complied with 2 Administrative Code
Section 18750. 1,
NOW, THEREFORE, BE IT ORDAINED by the Board of Directors of the
Truckee Donner Public Utility District as follows:
1. Ordinance 7602, Resolution 8024, Ordinance 8703, and any
other ordinances or resolutions promulgated with respect
to adoption of a Conflict of Interest Code are hereby
repealed.
2. The terms of 2 California Administrative Code Section
18730 and any amendments to it duly adopted by the Fair
Political Practices Commission are hereby adopted and
incorporated by reference and constitute the Conflict of
Interest Code for the District.
3 . A copy of 2 Administrative Code Section 18730 is attached
as Exhibit "A".
4. That document attached to Exhibit "A", and labeled
"Appendix", is hereby adopted as the Appendix to the
District's new Conflict of Interest Code, and reflects
the designated employees who are required to file
financial disclosure statements, as well as reflects the
type of financial interest that such designated employees
shall disclose.
5. This Ordinance shall be published in the local newspaper
and posted in four places within the District in
accordance with California law.
6. This Code shall be immediately submitted to the Fair
Political Practices Commission.
PASSED AND ADOPTED by the Board of Directors of the Truckee Donner
Public Utility District at a meeting duly called and held within
the District on August 15, 1988, by the following roll call vote:
AYES: Aguera, Sutton, white, Corbett.
NOES: None.
ABSENT: Maass.
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By: " A sj-o�L. Corbett, President
ATTEST:
Susan Craig, Deputy Distr' t Clerk
Attachment
TDPUD\Conflict.Ord
t
Amend 2 Cal. Code of Regulations Section 18730 to read:
18730. Provisions of Conflict of Interest Codes
(a) Incorporation by reference of the terms of this
regulation along with the designation of employees and the
formulation of disclosure categories in the Appendix referred
to below constitute the adoption and promulgation of a Conflict
of Interest Code within the meaning of Government Code Section
87300 or the amendment of a Conflict of Interest Code within
the meaning of Government Code Section 87307 if the terms of
this regulation are substituted for terms of a Conflict of
Interest Code already in effect. A code so amended or adopted
and promulgated requires the reporting of reportable items in a
manner substantially equivalent to the requirements of Article
2 of Chapter 7 of the Political Reform Act, Government Code
Sections 81000, et seg. The requirements of a Conflict of
Interest Code are in addition to other requirements of the
Political Reform Act, such as the general prohibition against
conflicts of interest contained in Government Code Section
87100, and to other state or local laws pertaining to conflicts
of interest.
(b) The terms of a Conflict of Interest Code amended
or adopted and promulgated pursuant to this regulation are as
follows:
(1) Section 1. Definitions.
The definitions contained in the Political Reform
Act of• 1974, regulations of the Fair Political
7/14/88
1 18730A
Practices Commission (2 Cal. -Adm. Code of Regs.
Sections 18100, et seg. ) , and any amendments to the
Act or regulations, are incorporated by reference into
this Conflict of Interest Code.
(2) Section 2. Designated Employees.,
The persons holding positions listed in the
Appendix are designated employees. It has been
determined that these persons make or participate in
the making of decisions which may foreseeably have a
material effect on financial interests.
(3) Section 3. Disclosure Categories.
This Code does not establish any disclosure
obligation for those designated employees who are also
specified in Government Code Section 87200 if they -are
�^ designated in this Code in that same capacity or if
the geographical jurisdiction of this agency is the
same as or is wholly included within the jurisdiction
in which those persons must report their financial
interests pursuant to Article 2 of Chapter 7 of the
Political Reform Act, Government Code Sections 87200,
et seg..�J Such persons are covered by this Code for
J Designated employees who are required to file
statements of economic interests under any other agency's
Conflict of Interest Code, or under Article 2 for a different
Jurisdiction, may expand their statement of economic interests
to cover reportable interests in both jurisdictions, and file
copies of this expanded statement with both entities in lieu of
filing separate and distinct statements, provided that each
copy of such expanded statement filed in place of an original
is signed and verified by the designated employee as if it were
�,— an original. See Government Code Section 81004.
7/14/88 2
18730A
disqualification purposes only. With respect to all
�.., other designated employees, the disclosure categories
set forth in the Appendix specify which kinds of
financial interests are reportable: Such a designated
employee shall disclose in his or her statement of
economic interests those financial interests he or she
has which are of the kind described in the disclosure
categories to which he or she is assigned in the
Appendix. It has been determined that the financial
interests set forth in a designated employee's
disclosure categories are the kinds of financial
interests which he or she foreseeably can affect
materially through the conduct of his or her office.
(4) Section 4 . Statements of Economic
Interests: Place of Filing.
The code reviewing body shall instruct all
designated employees within its code to file
statements of economic interests with the agency or with the
code reviewing body, as provided by the code reviewing body in
the ag6ncy's conflict of interest code.)
See Government Code Section 81010 and 2 Cal.-dip,
Code of Rags. Section 18115 for the duties of filing officers
and persons in agencies who make and retain copies of
statements and forward the originals to the filing officer.
7/14/88 3 18730A
(5) Section 5. Statements of Economic
,�••. Interests: . Time of Filing.
(A) Initial Statements. All designated
employees employed by the agency on the effective
date of this Code, as originally adopted,
promulgated and approved by the code reviewing
body, shall file statements within thirty days
after the effective date of this Code.
Thereafter, each person already in a position
when it is designated by an amendment to this
Code shall file an initial statement within
thirty days after the effective date of the
amendment.
(B) Assuming Office Statements. All
persons assuming designated positions after the
effective date of this Code shall file statements
within thirty days 'after assuming the designated
positions, or if subject to State Senate
confirmation, thirty days after being nominated
or appointed.
(C) Annual Statements. All designated
employees shall file statements no later than
April 1.
7/14/88 4
18730A
(D) Leaving Office Statements. All persons
�... who leave designated positions shall file
statements within thirty days after leaving
office.
5.5 Section 5.5. Statements for Persons Who
Resign 30 Days After Appointment.
Persons who resign within 30 days of initial
appointment are not deemed to have assumed office or
left office provided they did not make or participate
in the making of, or use their position to influence
any decision and did not receive or become entitled to
receive any form of payment as a result of their
appointment. Such persons shall not file either an
assuming or leaving office statement.
°^ (6) Section 6. Contents of and Period Covered
by Statements of Economic Interests.
(A) Contents of Initial Statements.
Initial statements shall disclose any reportable
investments, interests in real property and
business positions held on the effective date of
the Code.
(B) Contents of Assuming Office
Statements. Assuming office statements shall
disclose any reportable investments, interests in
real property and business positions held on the
7/14%88 5 18730A
date of assuming office or, if subject to State
r,.•, Senate confirmation or appointment, on the date
of nomination.
(C) Contents of Annual Statements. Annual
statements shall disclose any reportable
investments, interests in real property, income
and business positions held or received during
the previous calendar year provided, however,
that the period covered by an employee's first
annual statement shall begin on the effective
date of the Code or the date of assuming office
whichever is later.
(D) Contents of Leaving Office Statements.
Leaving office statements shall disclose
reportable investments, interests in real
property, income and business positions held or
received during the period between the closing
date of the last statement filed and the date of
leaving office.
(7) Section 7. Manner of Reporting.
Statements of economic interests shall be made on
forms prescribed by the Fair Political Practices
Commission and supplied by the agency, and shall
contain the following information:
7/14/88 6 18730A
(A) Investments and Real Property
�•. Disclosure. When an investment or an interest in
real property2/ is required to be reported, the
statement shall contain the following:
1. A statement of the nature of the
investment or interest;
2 . The name of the business entity in
which each investment is held, and a general
description of the business activity in
which the business entity is engaged;
3. The address or other precise
location of the real property;
4 . A statement whether the fair market
value of the investment or interest in real
property exceeds one thousand dollars
($1, 000) , exceeds ten thousand dollars
Y For the purpose of disclosure only (not disquali-
fication) , an interest in real property does not include the
principal residence of the filer.
Investments and interests in real property which
have a fair market value of less than $1, 000 are not
investments and interests in real property within the meaning
of the Political Reform Act. However, investments or interests
in real property of an individual include those held by the
individual's spouse and dependent children as well as a pro
rata share of any investment or interest in real property of
any business entity or trust in which the individual, spouse
and dependent children own, in the aggregate, a direct,
indirect or beneficial interest of 10 percent or greater.
7/14/88 7
18730A
($10, 000) , or exceeds one hundred thousand
�^. dollars ($100, 000) .
(B) Personal Income Disclosure. When
personal income is required to be reported, the
statement shall contain:
1. The name and address of each source
of income aggregating two hundred fifty
dollars ($250) or more in value or fifty
dollars ($50) or more in value if the income
was a gift, and a general description of the
business activity, if any, of each source;
2. A statement whether the aggregate
value of income from each source, or in the
case of a loan, the highest .amount owed to
each source, was one thousand dollars
($1, 000) or less, greater than one thousand
dollars ($1,000) , or greater than ten
thousand dollars ($10, 000) ;
3. A description of the consideration,
if any, for which the income was received;
J A designated employee's income includes his or her
community property interest in the income of his or her spouse
but does not include salary or reimbursement for expenses
received from a state, local or federal government agency.
7/14/88 8 18730A
4 . In the case of a gift, the name,
�... address and business activity of the donor
and any intermediary through which the gift
was made; a description of the gift; the
amount or value of the gift; and the date on
which the gift was received;
5. In the case of a loan, the annual
interest rate and the security, if any,
given for the loan.
(C) Business Entity Income Disclosure.
When income of a business entity, including
income of a sole proprietorship, is required to
be reported, the statement shall contain:
1. The name, address, and a general
description of the business activity of the
business entity;
2. The *name of every person from whom
the business entity received payments if the
filer' s pro rata share of gross receipts
J Income of a business entity is reportable if the
direct, indirect or beneficial interest of the filer and the
filer's spouse in the business entity aggregates a 10 percent
or greater interest. In addition, the disclosure of persons
who are clients or customers of a business entity is required
only if the clients or customers are within one of the
disclosure categories of the filer.
7/14/88 g
1873OA
from such person was equal to or greater
�^ than ten thousand dollars ($10, 000) .
(D) Business Position Disclosure. When
business positions are required to be reported, a
designated employee shall list the name and
address of each business entity in which he or
she is a director, officer, partner, trustee,
employee, or in which he or she holds any
position of management, a description of the
business activity in which the business entity is
engaged, and the designated employee's position
with the business entity.
(E) Acquisition or Disposal During
Reporting Period. In the case of an annual or
leaving office statement, if an investment or an
interest in real property was partially or wholly
acquired or disposed of during the period covered
by the statement, the statement shall contain the
date of acquisition or disposal.
(8) Section S. Disqualification.
No designated employee shall make, participate in
making, or in any way attempt to use his or her
official position to influence the making of any
governmental decision which he or she knows or has
reason to know will have a reasonably foreseeable
7/14/88 10 18730A
material financial effect, distinguishable from its
effect on the public generally, on the official or a
member of his or her immediate family or on:
(A) Any business entity in which the
designated employee has a direct or indirect
investment worth one thousand dollars ($1, 000) or
more;
(B) Any real property in which the
designated employee has a direct or indirect
interest worth one thousand dollars ($1, 000) or
more;
(C) Any source of income, other than gifts
and other than loans by a commercial lending
institution in the regular course of business on
terms available to the public without regard to
official status, aggregating two hundred fifty
dollars ($250) or more in value provided to,
received by or promised to the designated
employee within twelve months prior to the time
when the decision is made;
(D) Any business entity in which the
designated employee is a director, officer,
partner, trustee, employee, or holds any position
of management; or
7/14/88 11 18730A
(E) Any donor of, or any intermediary or
agent for a donor of, a gift or gifts aggregating
$250 or more in value provided to; received by,
or promised to the designated employee within 12
months prior to the time when the decision is
made.
_(8.3) Section 8. 3 . Le ally Required
Participation.
No designated employee shall be prevented from
making or participating in the making of any decision
to the extent his or her participation is legally
required for the decision to be made. The fact that
the vote of a designated employee who is on a voting
body is needed to break a tie does not make his or her
participation legally g y required for purposes of this
section.
(8 .5) Section 8 .5. Disqualification of State
Officers and Employees.
In addition to the general disqualification
provisions of Section 8, no state administrative
official shall make, participate in making, or use his
or her official position to influence any governmental
decision directly relating to any contract where the
state administrative official knows or has reason to
know that any party to the contract is a person with
whom the state administrative official, or any member
of his or her immediate family has, within 12 months
7/14/88 12
18730A
prior to the time when the official action is to be
,�•. taken:
(A) Engaged in a business transaction or
transactions on terms not available to members of
the public, regarding any investment or interest
in real property; or
(B) Engaged in a business transaction or
transactions on terms not available to members of
the public regarding the rendering of goods or
services totaling in value one thousand dollars
($1, 000) or more.
(9) Section 9. Manner of Disqualification.
When a designated employee determines that he or
she should not make a governmental decision because he
or she has a disqualifying interest in it, the
determination not to act must be accompanied by
disclosure of the disqualifying interest. In the case
of a voting body, this determination and disclosure
shall be made part of the agency's official record; in
the case of a designated employee who is the head of*
an agency, this determination and disclosure shall be
made in writing to his or her appointing authority;
and in the case of other designated employees, this
determination and disclosure shall be made in writing
to the designated employee's supervisor.
7/14/88 13 18730A
(10) Section 10. Assistance of the Commission
and Counsel.
Any designated employee who is unsure of his or
her duties under this Code may request assistance from
the Fair Political Practices Commission pursuant to
government Code Section 83114 or from the attorney for
his or her agency, provided that nothing in this
section requires the attorney for the agency to issue
any formal or informal opinion.
(11) Section 11. Violations.
This Code has the force and effect of law.
Designated employees violating any provision of this
Code are subject to the administrative, criminal and
civil sanctions provided in the Political Reform Act,
Government Code Sections 81000 - 91014. In addition,
a decision in relation to which a violation of the
disqualification provisions of this Code or of
Government Code Section 87100 or 87450 has occurred
may be set aside as void pursuant to Government Code
Section 91003 .
AUTHORITY: Gov. Code Section 83112
REFERENCE: Gov. Code Section 82015
7/14/88 14
18730A
CONFLICT OF INTEREST CODE FOR THE
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
APPENDIX
GENERAL PROVISIONS
1. A designated employee shall disclose any positions of
director, officer, partner, trustee, employee, or any position of
management in a business entity listed in Column II of this
Appendix on the line applicable to his or her name. Moreover, a
designated employee who holds such a position is subject to the
disqualification provisions of Section 8 of the Fair Political
Practices Commission's standard Conflict of Interest Code with
respect to such position. ,
2 . Investrents in any business and sources of income
listed in Column II of this Appendix are disclosable if:
� (a) The business entity in which the investment is
held or the source of income is of the type which
within the last two years has contracted with the
District; or
(b) The business entity in which the investment 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.
3 . Interests in real property are disclosable by a
designated employee if listed in Column II of this Appendix on
the line applicable to his or her position.
TDPUD\Conflict.app
Type of Business Entity, Investment
or Source of Income, or Real Property
Designated Position Disclosure
General Foreman, Office 1. Motor vehicles and specialty
Manager, Executive vehicles and parts therefor.
Secretary and Technical 2. Construction and building
Services Foreman; Purchasing materials.
Agent/warehouseman 3. Petroleum products.
4. Pipes , valves , fittings ,
pumps, meters, etc.
5. Transforners, 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.
h 12. Newspapers.
13. Computer hardware and
software.
14 . Printing or reproduction.
15. Safety equipment and
instruction material .
16. Educational and medical
services and material.
Engineering Consultants; 1. Real property.
Architectural Consultants 2. Pipes , valves , fittings ,
pumps, tanks, meters, etc.
3 . Construction and building
materials.
Financial Consultants; 1. Real property.
Bond Counsel 2. Banks and savings and loans.
3. Retirerent of bond proceeding.
Public Relations 1. Publications.
Contractors: 2. Printing and distribution.
Directors or Candidates 1. All of the above.
for Directors, General 2 . Insurance companies.
Managers, District Engineers, 3 . Public utilities .
Finance Supervisor, Auditor, 4 . Audit agreements and
Attorneys, and other contracts.
non-specified consultants: