HomeMy WebLinkAboutRES 1988-11 - Board RESOLUTION NO. 8811
OF THE
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
ADOPTING A
PROPOSED 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, the California Fair Political Practices Commission
(hereafter "FPPC") requires, in its Regulation Section 18750. 1,
that, as an initial step in the process of adoption of a new
code, that the District prepare an initial proposed code for
public review;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of
the Truckee Donner Public Utility District that:
1. The District' s proposed Conflict of Interest Code shall
consist of the terms of 2 California Administrative Code Section
18730 (a copy of which is attached hereto as Exhibit A) and any
amendments to it duly adopted by the FPPC, as well as an appendix
consisting of Exhibit B, attached hereto.
2 . The District shall proceed to prepare a Notice of
Intention to Adopt Conflict of Interest Code, file said Notice
with the FPPC, deliver a copy to all affected employees, and
conduct a public hearing, all pursuant to the FPPC Regulation
Section 18750. 1.
PASSED AND ADOPTED at a regular meeting of the Board of
Directors of the Truckee Donner Public Utility District duly
called and held in said District on the 16th day of May
1988, by the following roll call:
AYES: Aguera, Maass, Sutton, White and Corbett.
NOES: None.
ABSENT: None.
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By:
Pa7yc���
ohn L. Corbett, President
ATTEST:
Susan Craig, Deputy Dis ict Clerk
Attachments
TITLE 2 FAiR POLITICAL PR.&.CrICES COMMISSiON
(Register$7,No.16—+1"71 (p. 3rt.5}
' 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 %%ithin the meaning of Government Code Section
97300 or the amendment of a Conflict of Interest Code within the meaning of t
Government Code Sect�on 87307 if the terms of this regulation are substituted i
for terms of a Conflict of I _erest Code already in effect. A code so amended I
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 S1030, et seq. The
requirements of a•Conflict of Interest Code are in addition to other require-
ments 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 pro-
mulgated pursuant to this regulation are as follows:
(1) Section 1. Definitions. The definitions contained in the Political Re-
form Act of 1974,regulations of the Fair Political Practices Commission (2 Cal.
Adm.Code Sections 18100 et seq.),and any amendments to the Act or regula-
tions, are incorporated by reference into this Conflict of Interest Code.
(2) Section 2. Designated Employees. The persons holding positions list-
s - ed in the Appendix are designated employees. It has been determined that
these persons make or participate in the making of decisions which may fore-
, seeably have a material effect on financial interests.
(3) Section 3. Disclosure Categories. This Code does not establish any
disclosure obligation for those designated employees ho 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 Fi W,et seq. Such persons are cov-
ered by this Code for disqualification purposes only. With respect to all other
designated employees,the disclosure categories set forth in the Appendix spec-
ifyy hich kinds of financial interests are reportable. Such a designated em-
ployee shall disclose in his or her statement of economic interests those financial
Interests he or she has lvhich are of the kind described in the disclosure catego-
nes to 1%hich he or she is assigned in the.4ppendu.It has been determined that 1
the financial interests set forth in a desiggnated emplo%.ee's disclosure categories
are the kinds of financial interests u hich he or she foreseeably can affect
materially through the conduct of his or her office.
i
t Designated employees who are required to rile 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 inter-
ests in both jurisdictions,and rile 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 Co%•ernment Code Section 61004.
Exhibit "A"
• 16730 FAIR POLITICAL PRn. fICFS COMMISSION TITLE 2
(p. 334.6) iRogistw 17. No.%—i.1"7)
�,.�. (4) Section 4. Statement of Economic Interests:Place of Filing. The code f.
revietting 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 agency's conflict of inter-
est code.'
(5) Section 5. Statement of Economic Interests:Time of Filing.
(A) Initial Statements. All designated employees employed by the aggency
on the effective date of this Code, as on Wally adopted, promulgated and
approved by the code revie\ing body, shall file statements within thirty days
after the effective date of this Code. Thereafter, each person already in'a
ppsition 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 posi-
tions after the•effective date of this Code shaU file statements Mthin thirty da%.s
after assuming the designated positions,or if subject to State Senate confirma•
tion, thirty days after being nominated or appointed. f
(C) Annual Statements. All designated employees shall file statements no l
later than April 1.
(D) Leaving Office Statements. All persons who leave designated positions
shall file statements within thirty days after leaving office.
(6) Section 6. Contents of and Period Covered by Statements of Economic
Interests.
(A) Contents of Initial Statements. Initial statements shall disclose anv re-
portable investments,interests in real property and business positions held on
the effective date of the Code.
t (B) Contents of Assuming Office Statements. Assuming office statements
shall disclose any reportable investments,interests in real property and business
positions held on the date of assuming office or, if subject to State Senate
confirmation or appointment, on the date of nomination.
(C) Contents of Annual Statements. knnual statements shall disclose an}
reportable investments, interests in real property, income and business posi-
tions 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 tfie closing date
of the last statement filed and the date of Ieaving 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 folloning information:
'See Covernment Code Section SI010 and 2 Cal.Adm.Code Section 15115 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.
r
r�
Exhibit "A"
TITLE 2 FAIR POLITICAL , rV CTICIs COMMISSION ¢ IS730
tR99i*Ur 17. No. 16—i.16.E71 !p. 3344 )
( (A) Investment and Real Property Disclosure. When an investment or an
interest in real property a is required to be reported,`the statement sha11 con•
lain 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 (41,000),exceeds ten thou:-.nd
dollars ($10,000), or exceeds one hundred thousand dollars (s100,030).
(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 (S250) or more in value, or fifty dollars (W) 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 (81,000),or greater
than ten thousand dollars ($10,000);
3. A description of the consideration, if any, for which the income was re-
ceived;
4. In the case of a gift,the name,address and business acti%ity of the donor
and any intermediary through which the gift was made;a description of the gift;
t + the amount or value of the gift;and the date on which the gift u•as 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;
'For the purpose of disclosure only (not disqualification),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
$I,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.
"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.
`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
r entity is required only if the clients or customers are Within one of the disclosure catego•
_ ries of the filer.
Exhibit "A"
§ Is,30 F.UR POLITIC.11. MA I--ICES COMMISSION TITLE 2
(p. YA-8) (Roq;s,r*r 17, No,1F-456.t7)
2. The name of every person from u hom the business entity recei%ed Par• {
ments if the filer's pro rata share of gross receipts 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, em-
ployee,or in which he or she holds any position of management,a descripption
of the business acti%ity in which the business entity is engaged,and the desig.
nated 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 du ing the period
covered by the statement, the statement shall contain the date of acquisition
or disposal '
(8) Sectioa 8.' Disqualification. No designated employee shall make,par-
ticipate in mating,or in any way attempt to use his or her official position to
influence then aking of any governmental decision which he or she knows or
has reason to know will have a reasonably foreseeable material financial effect,
distinguishable from its effect on the public generally, on:
(A) Any business entity in which the designated employee has a direct or
indirect investment worth one thousand dollars (81,000) 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 com-
mercial lending institution in the regular course of business on terms available
< to the public without regard to official status, aggregating N-o hundred fifty 1,
dollars (g250) or more in value pro%ided 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
(E) Any donor of,or any intermediarryy or agent for a donor of,a gift or gifts
aggregating$250 or more in value pro%ided to;received by,or promised to t! e
rgn deated employee within 12 months prior to the time when the decision is
made.
No designated employee shall be prevented from making or participating in f
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 required for purposes of this section.
(8.5) Section 8.5. Disqualification of State Officers and Employees. In ad-
dition to the general disqualification provisions of Section 8,no state administra-
tive 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 or"icial, or any
mil
member of his or her immediate fay has,within 12 months prior to the time
when the official action is to be taken:
r (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 /
TITLE 2 FAIR POLITICAL RACT1C1S COMMISSION IS732
{R&9;►tu a7. No. 16-4-1a.67) J34.41
(H) Engaged in a business transaction or transactions on terms not available
to members of the public regarding the rendering of goods or ser%ices totaling
in value one thousand dollars (s),M) 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 disqualif)7ng interest. In the case of a
votin body,this determination and disclosure shall be made part of the agen-
cy'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 deter.
mination and disclosure shall be made in writing to the designated employee's
super%isor. .
(10)•Section 10. ,Assistance of the Commission and Counsel. .Any desig-
nated employee who is unsure of his or her duties under this Code may request
assistaneq from the Fair Political Practices Commission pursuant to Govern-
ment Code Section 83114 or from the attorney for his or her agency,proNided
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,Covernment Code Sections 81000-91014.In addition,a decision in relation
to which a%iolation of the disqualification provisions of this Code or of Covern-
ment Code Section 87100 or 87450 has occurred may be set aside as void pursu-
e' • t ant to Government Code Section 91003.
NOTE: Authority cited: Section 63112,Government Code. Reference: Sections 87303-
87302,Government Code.
HISTORY:
1. New section filed 4.2-W as an emergency.eTective upon filing(Register 83,No.14).
Certificate of Compliance included.
2. Editorial correction (Register so.No.29).
3. Amendment of subsection (b) filed 1.9.81;effective thirtieth day thereafter (Regis-
ter 61,No.2).
4. Amendment of subsection (b)(7)(6)1.filed 1.26-63;effective thirtieth day thereaf-
ter (Register 83.No.5).
5. Amendment of subsection(b)(7)(A)filed 11.10-63.effective thirtieth day thereafter
(Register 83, No.46).
6. Amendment filed 4.13-87;operative 5.13.87 (Register 87, No.I6).
Exhibit "A"
PUBLIC OFFICIAL'S FUNCTION/TITLE
AND
TYPE OF BUSINESS ENTITY. INVESTMENT. SOURCE OF INCOME
OR REAL PROPERTY DISCLOSABLE
A. Assistant General Manager, General Foreman, Office Manager,
Executive Secretary and Warehouse Foreman:
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.
too*" 16. Educational and medical services and material.
B. Engineering Consultants; Architectural Consultants:
1. Real Property.
2. Pipes, valves, fittings, pumps, tanks, meters, etc.
3. Construction and building materials.
4. Any other situation that may diminish the effectiveness of
the District.
C. Financial Consultants; Bond Counsel:
1. Real property.
2 . Banks and savings and loans.
3 . Retirement of bond proceeding.
4 . Any other situation that may diminish the effectiveness of
the District.
D. Public Relations Contracts:
1. Publications.
2 . Printing and distribution.
E. Directors or Candidates for Directors, General Managers
and Assistant General Managers, Controller, Auditor, Attorneys,
and other non-specified consultants:
1. All of the above.
2. Insurance companies.
3 . Public utilities.
4 . Audit agreements and contracts.
Appendix
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. Investments 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
EXHIBIT "B"
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. 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.
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. Retirement 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: