HomeMy WebLinkAboutORD 2000-02 - Board Public Utility District
Ordinance No. 2000-02
Amending the 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
201h day of September 2000 by the following roll call vote:
AYES: Aguera, Maass, Sutton, VanGundy and Hemig.
NOES: None.
ABSENT: None.
TRUCKE ONNER P IC UTILI (STRICT
By
J. Ro He ig, President, Board of Directors
ATTEST:�& /2��
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 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
11 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.
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, e f materials.
Te[eccnm �ii~ao sISCtyardinafor 3. Petroleum products.
4. Pipes, valves, fittings, pumps,
meters, etc.
5. Transformers,poles,towers,wire,
meters, cable, conduit, etc.
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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 ro e
P P rtY•
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 12/7/92; amended on 9/20/93 by MO93-194; amended 12/4/96 by
Resolution 9633)
smc 12/9/98
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