HomeMy WebLinkAboutRES 2008-30 - Board Resolution No. 2008 - 30
ADOPTING AMENDMENTS TO THE DISTRICT CODE
TITLE 29 ADMINISTRATION
WHEREAS, the Board of Directors of the Truckee Donner Public Utility District wishes to amend the
District Code Title 2, Administration; and
WHEREAS, the District Code provides rules and regulations intended to convey a comprehensive
description of the manner in which the District operates, manages its finances and performs its
accounting; and
WHEREAS, periodically, the District Code should be reviewed and updated to conform to District
Board directives, new applicable laws and regulations and improvements; and
WHEREAS, a portion of District Code Title 2 includes the Conflict of Interest Code which must be
reviewed bi-annually and 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, a workshop was held on August 6, 2008 for the Board to review and comment on the
proposed changes to Title 2; and
WHEREAS, a Public Hearing was held on September 17, 2008 to consider public input on the
proposed changes to the Conflict of Interest section of Title 2 , and
WHEREAS, the revised version of Title 2 will bring the District's administrative policies up-to-date and
will replace all preceding resolutions, ordinances, minute orders and board directives in Title 2.
NOW THEREFORE, BE IT RESOLVED, that the Board of Directors does hereby adopt the amended
District Code, Title 2, Administration.
PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public Utility District in a
meeting duly called and held within said District on the 1st day of October 2008 by the following roll
call vote:
AYES: Directors Hemig, Taylor and Thomason
ABSTAIN: None
NOES: None
ABSENT: Directors Aguera and Sutton
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
B�/
Tim F. Taylor, Wesident
ATTEST:
Michael D. Holley, Clerk of a Board
APPENDIX A
CHAPTER 2.02
TITLE 2
BOARD OF DIRECTORS AND OFFICERS
ADMINISTRATION
Sections:
CHAPTERS:
2.01 Bylaws 2.02.010 Quorum
2.02 Board of Directors and Officers 2.02.020 Duties of Officers
2.03 Ordinances
2.04 Board Meetings 2.02.010 Quorum-Three members of the Board shall constitute a quorum. No business
2.08 Board Meeting Minutes shall regularly be entered upon until a quorum is present,nor shall business regularly be
2.10 Public Hearings proceeded with when the members are reduced below a quorum.
2.12 Committees
2.16 Annual Budget 2.02.020 Duties of Officers-In addition to the duties specified by applicable law and other
2.20 Board Vacancies provisions of these rules,as well as resolutions and ordinances of the District,the officers of
2.24 Parliamentary Procedure the District shall have the following duties:
2.28 Amendment of Bylaws
2.30 Notices 2.02.020.1 The President shall,when present,preside at all meetings of the District. The
2.32 Relationships Among Officials President should cause an agenda to be prepared and distributed by the Clerk/Ex-officio
2.36 Payment of Expenses Secretary in advance of the meeting, which shall list each item of business or
2.40 Delegations from the Board of Directors to the General correspondence to come before the meeting insofar as is known. The President shall act as
Manager official spokesman of the Board at the discretion of the Board,execute contracts and other
2.44 Conditions of Employment for the General Manager documents on behalf of the District when authorized by the Board of Directors,and shall
2.48 Performance Evaluation and Salary Adjustment for General perform such other duties as are assigned from time to time.
Manager
2.50 Retention and/or Destruction of Records 2.02.020.2 The Vice President shall perform the duties of the President in the absence or
2.52 Conflict of Interest disability of the President.
2.56 Code of Conduct
2.02.020.3 The District Manager shall function as the Clerk/Ex-officio Secretary of the Board
as well as performing all other acts and duties imposed by the Board.
CHAPTER 2.01
In addition to those other acts and duties imposed by the Board, the Clerk/Ex-officio
BYLAWS Secretary of the Board shall be entitled to:
Sections: a) Schedule and call a special meeting of the Board of Directors if he determines
that it is necessary to do so and if he is unable to contact the President of the
2.01.10 Bylaws Board regarding the need to call such a meeting.
2.01.010 Bylaws-Sections 2.02 through 2.28 below comprise the District's Bylaws. b) Cancel any regular or special meeting if he determines that a quorum of the
Board of Directors will not be present.
c) Schedule, reschedule and cancel public hearings (except hearings on the
adoption of a rate increase ordinance)if he determines that it is necessary to
do so.
2.02.020.4 The Treasurer of the District shall be appointed by the Board by name and shall
have such duties as assigned by the Board pursuant to Resolution 2008-21.
Title 2,Administration 2 Title 2,Administration
shall be made at least 24 hours in advance of said meeting. Any Director may, at his
discretion,file a signed waiver of such notice with the District. 2.04.060.3(D) Debate and/or discussion on each agenda topic is limited to five minutes for
each Director. The Board,by majority vote,may waive this provision for any agenda topic.
2.04.050.2 Written notice of all meetings(agenda)shall be delivered or mailed as far in
advance as possible,but,in any event,to be received 72 hours prior to the meeting,to all 2.04.070 Order of Business-The order of business in conducting the meeting of the
newspapers,radio stations,individuals and entities which have filed a request of such notice Board shall be as follows:
with the District and to all parties with business pending on that particular agenda of the
meeting. 1. Call to order
2. Roll call
2.04.050.3 Written notice of all meetings(agenda)shall be posted at the District office, 3. Changes to the agenda
Town hall, the Truckee Branch of the Nevada County Library,-and such other locations as 4. Public input
may from time to time be determined by the Board of Directors. 5. Director's update
6. Manager's report
2.04.055 Availability of agenda packet-On all Board or committee meeting agendas a 7. Special business/public hearings
statement will be made advising that the complete packet of related material is available for 8. Consent agenda
public review at the District office, the District's website and the Truckee Branch of the 9. Action items
" Nevada County Library. 10. Workshop items
11. Routine business(such as approval of minutes and Treasurer's report)
2.04.060 Agenda, discussion, and debate- Regular and Special Meetings - The 12. Closed session
Clerk/Ex-officio Secretary of the District shall cause a Notice of Meeting(agenda)to be 13. Return to public session
prepared which will state the matter to be heard in a manner that is easy to comprehend. 14. Adjournment
2.04.060.1 The Clerk/Ex-officio Secretary of the District and the President of the Board shall 2.04.080 Votina-Every action of the Board shall be taken by ordinance,resolution,motion,
be jointly responsible for compiling the agenda for all regular meetings. In the case of or unanimous consent. In the case of every action except one taken by simple motion or
special meetings,the Clerk/Ex-officio Secretary and those parties calling such meetings unanimous consent,the roll of Directors shall be called,and their individual votes recorded
shall be responsible for the preparation of the agenda. in the formal minutes. All official Board actions will require the affirmative vote of at least
three Directors.
2.04.060.2 Each Director will have the right to request items to be placed on the agenda for
any specific meeting,either:1)Verbally requesting it if this request is supported by at least 2.04.090 Statements from Visitors-All members of the public attending Board meetings
i one additional Board member during a Board meeting, or 2)verbally or in writing to the and having an interest in any agenda item shall have the right to address the Board before
President with the President's support. Such requests must be made in a timely manner a vote is taken on such item. They shall be encouraged to ask questions directly related to
and shall comply with the deadlines established for the preparation of the Notice of Meeting reports made to the Board by members of the District's staff or consultants immediately after
(agenda). such reports are made and prior to Board action.
2.04.060.3 No item will be placed on the agenda until the following conditions have been 2.04.100 Recording of the Meetings-The Clerk/Ex-officio Secretary shall arrange to have
met. Items on an agenda not meeting the conditions will be either struck from the agenda or recordings made of the meetings of the Board,except when the Board goes into closed
will be tabled to the next meeting without discussion. session,for use in preparation of the minutes.The Clerk/Ex-officio Secretary shall make
duplicates of the recordings available to anyone for review upon arrangement.
2.04.060.3(A) Information regarding the topic must be in the hands of the Board members
prior to the Monday evening before the regular meeting and not less than three days prior to
any special meeting with some exceptions in the case of an emergency meeting. CHAPTER 2.08
2.04.060.3(B)The item as it appears on the agenda will have adequate staff and consultant BOARD MEETING MINUTES
preparation prior to the presentation to the Board for discussion and review. Without this,
such items will be referred to staff by the Chair. Sections:
2.04.060.3(C) The consultants and staff and Board will be kept informed by memo and 2.08.010 Board Meeting Minutes
regular correspondence of all major projects and proposals well in advance of it being
placed on the agenda for Board review. 2.08.010 Board Meeting Minutes
5 Title 2,Administration 6 Title 2,Administration
2.32.010.2 Members of the Board of Directors shall not enter into contractual arrangements
with,or otherwise utilize,engineering,financial and/or legal consultants who perform work or
CHAPTER 2.28 services for the District on any material matters which may affect the District.
AMENDMENT OF BYLAWS 2.32.010.3 The General Manager shall not engage in any private enterprise within the
District.
Sections:
2.32.020 Director/General Manager Relationship-The Truckee Donner Public Utility
2.28.010 Amendment of Bylaws District recognizes,establishes and maintains the following guidelines in its relationship with
the General Manager.
2.28.010 Amendment of Bylaws- Any proposed amendment to the Bylaws must be 2.32.020.1 It is recognized that good management is the most important factor in the
submitted in writing to the Clerk/Ex-officio Secretary of the District. The Clerk shall cause a success of the District. In exercising such management,the Board of Directors reserves its
copy to be distributed to each Director and shall cause the same to be placed on the agenda responsibility to establish policy,approve plans and programs and delegate authority to its
for the next regular meeting of the Board of Directors. In order to become effective,the General Manager.
amendment,or any modification thereof,shall require a vote of the majority of the Board.
2.32.020.2 The Board of Directors recognizes its responsibility and its need to establish
policies,approve plans and programs,and delegate authority to the General Manager to
CHAPTER 2.30 execute and carry out its plans,programs and policies.The General Manager shall,among
other things,have authority to hire capable personnel within the approved wage and salary
NOTICES plan and policy,train,supervise and replace them if necessary.
Sections: 2.32.020.3 All policies of the Board of Directors shall be promulgated to regular and special
2.30.010 Planning Department Notices meetings, acting collectively as a Board. The General Manager is delegated the
responsibility of carrying out such policies.
2.30.010 Planning Department Notices-Planning Department Notices will be handled by
the General Manager and the District Engineer. Notices of importance will be brought to the 2.32.020.4 It shall be the policy of the Board of Directors to refrain,as individuals,from
Board's attention by the Engineer during his report at the Board meeting. discussing management problems with the personnel of the District. At the request of the
General Manager,the Board of Directors may confer with personnel at regular or special
meetings of the Board.
CHAPTER 2.32
2.32.020.5 This in no way precludes any Board member from talking with any District
RELATIONSHIPS AMONG OFFICIALS employee or requesting information from any District employee. However,if such requests
for information are of a time-consuming nature, in consideration of the employees'work
Sections: schedules,Directors shall coordinate such requests through the General Manager.
2.32.010 Financial Relationships Among Officials 2.32.020.6 It shall be distinctly understood that the"flow"of authority for the management of
2.32.020 Director/Manager Relationship the District shall be through the General Manager,and the General Manager shall be the
connecting link between the Board of Directors and the personnel. The Board of Directors
shall require full and complete information from the General Manager concerning all matters
2.32.010 Financial Relationships Among Officials in connection with the management of the District as set forth in Board policies.
2.32.010.1 District officials,including but not limited to engineering,financial and/or legal 2.32.020.7 Primarily,the purpose of this policy is to define the relationship that shall exist
consultants shall not enter into agreements with,or otherwise represent,individual Board between the Board of Directors,who are the elected representatives of the District,and the
members or other third parties where such an arrangement may potentially conflict with the General Manager, who is employed by the Board of Directors. The Board of Directors
interests of the District. recognizes that effective management of the District can exist only through mutual
understanding and complete cooperation between the Board of Directors and the General
Manager. The General Manager is expected to produce results and give an account to the
Board for his stewardship. His performance cannot be of the best unless he is given latitude
9 Title 2,Administration 10 Title 2,Administration
2.40.010.4(B) Direct all District personnel.
2.40.010.1(C) Formulate with his staff long and short term plans for recommendation to the
Board of Directors. 2.40.010.4(C) Respond to citizens'complaints and requests for information.
2.40.010.2 Organize 2.40.010.4(D) Conduct continuous research into administrative practices to produce greater
efficiency and economy in District operations.
2.40.010.2(A) Review the District's activities and recommend to the Board the best type of
organizational structure. 2.40.010.4(E) Direct the day-to-day activities of the District except as specified otherwise by
the Bylaws of the Board. Delegate appropriate responsibility and authority to staff.
2.40.010.2(B) Review all District operations to establish work standards and improve
methods. 2.40.010.5 Finance
2.40.010.3 Staff 2.40.010.5(A) Prepare a long term capital improvements program for Board consideration.
2.40.010.3(A) Determine,with advice from staff,the need to change positions,provided 2.40.010.5(B) Direct the preparation and administration of the District budget.
they are within the limitations of the budget.
2.40.010.5(C) Direct the investment of District funds in accordance with Board policy.
2.40.010.3(B) Determine qualifications and standards for use in recruiting,hiring,promoting
and assigning the District's personnel. 2.40.010.5(D) Establish accounting systems, procedures,statistics and types of reports
necessary for sound financial management of the District.
2.40.010.3(C) Select,appoint,promote,reassign or release District employees.
2.40.010.5(E) Purchase all materials,supplies and equipment within the limits of the budget
2.40.010.3(D) Formulate an effective method of instilling and motivating a team effort by all and in accordance with Board policy.
employees.
2.40.010.5(F) Review rate structure to determine where adjustments are needed to insure
2.40.010.3(E) Develop a procedure whereby employees may advance within the District if adequate cash flow and to provide revenue to meet expenses and establish reasonable
they are capable and desire to do so. reserves and replacement of assets.
2.40.010.3(F) Implement, maintain and enforce the District's personnel policies as 2.40.010.5(G) Develop and maintain inventory records. Conduct periodic inventories.
prescribed by the Board. Dispose of surplus materials in accordance with Board policy.
2.40.010.3(G) Act as the Board's agent in meeting and conferring with employees and 2.40.010.5(H)Assist the Board in arranging for an annual audit. Review the audit with staff.
employee organizations.
2.40.010.6 Report
2.40.010.3(H) Implement job training and safety programs to the benefit of the District.
2.40.010.6(A) Submit periodic reports to the Board on revenues and expenses compared to
2.40.010.3(1) Establish performance appraisal programs for all District personnel. the budget.
2.40.010.3(J) Maintain up-to-date chart of all District positions and their respective class 2.40.010.6(B) Develop and submit to the Board such operational summaries as will enable
specifications. the Board to review the overall performance of the District.
2.40.010.3(K) Recommend to the Board for approval the employment of outside 2.40.010.6(C) Keep the Board informed of customer complaints.
consultants and negotiate terms of contracts for services.
2.40.010.6(D) Inform the Board of significant problems that arise so that the Board can
2.40.010.4 Direct provide necessary direction to staff.
2.40.010.4(A) Enforce and administer the provisions of the laws and ordinances of the 2.40.010.6(E) Items will be reported to the Board by the Manager as appropriate under
District. Manager's Report during regular Board meetings.
13 Title 2,Administration 14 Title 2,Administration
deemed to be a transcript, exemplification, or certified copy,as the case may be,of the 2.52.010.2 Investments and business positions in any business and sources of income
original. listed in Column II are disclosable if:
2.50.040 Duplicate records less than five years old:destruction-Notwithstanding the 2.52.010.2(A) The business entity in which the investment or business position is held or
provisions of Section 2.50.010,the District Clerk of the District may prescribe a procedure the source of income is of the type which within the last two years has contracted with the
under which duplicates of District records less than five years old may be destroyed if they District;or
are no longer required.
2.52.010.2(B) The business entity in which the investment or business position is held or
i 2.50.050 Authority of Treasurer-Under such conditions as the Treasurer fixes,he/she,or the source of income is of the type which within the last two years has contracted to furnish
other duly authorized agents, may destroy or cremate any or all bonds and any or all supplies or services as subcontractors in any contract with the District.
coupons pertaining thereto which have been previously paid or canceled.
2.52.010.3 Interests in real property are disclosable by a designated employee if listed in
(Based on Government Code Sections 34090,34090.7,53921 and 60203) 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
CHAPTER 2.52 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
I CONFLICT OF INTEREST 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
Sections: 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
2.52.005 Financial Interests of Employees investments and will file a statement of economic interest pursuant to Government code
2.52.010 District's Conflict of Interest Code Section 87200:(1)Directors,(2)General Manager,(3)District Treasurer and(4)Assistant
2.52.015 Officials Who Manage Public Investments Treasurer.
2.52.020 Disclosure Categories and Designated Positions
2.52.020 Disclosure Categories and Designated Positions
2.52.005 Financial Interests of Employees-It is the policy of the Board that no employee A.Category I
of the District shall have any financial interest in any activity outside the Truckee Donner 1. Disclosure Categories. Persons occupying positions in Category I shall disclose all
Public Utility District which does business for profit with the Truckee Donner Public Utility investments,interests in real property,sources of income and business positions held in
District. business entities located in or doing business within the jurisdiction of the District.
Designated Positions Des
2.52.010 District's Conflict of Interest Code-The Political Reform Act(Government Code 2. a.Assistant General Manager
Section 87100, et seq.) requires state and local government agencies to adopt and b.Consultants
promulgate conflict of interest codes. The Fair Political Practices Commission has adopted
a regulation(2 Cal.Code of Regs.18730)which contains the terms of a standard conflict of 'Consultants shall be included in the list of designated employees and shall disclose
interest code. After public notice and hearing it may be amended by the Fair Political pursuant to the broadest category in the Code, subject to the following limitations. The
Practices Commission to conform to amendments in the Political Reform Act.
General Manager may determine,in writing,that a particular consultant,although occupying
The terms of 2 California Code of Regulations Section 18730 and any amendments to it duly a"designated position"had been hired to perform a range of duties that is limited in scope
adopted by the Fair Political Practices Commission are hereby adopted and incorporated by and this is not required to fully comply with the disclosure requirements of the Code.Such
reference. This regulation and Section 2.52.015 designating officials and employees and written determination shall include a description of the consultant's duties,and based upon
establishing disclosure categories shall constitute the Conflict of Interest Code for the that description, a statement of the extent of disclosure requirements. The General
District. Manager's determination is a public record and shall be retained for public inspection in the
same manner and location as the Conflict of Interest Code.
2.52.010.1 Place of Filing- Designated employees shall file their statements with the B.Category II
Truckee Donner Public Utility District,which will make the statements available for public 1. Disclosure Categories. Persons occupying positions in Category II shall disclose any
inspection and reproduction(Gov.Code§81008). Statements for all designated employees
will be retained by the TDPUD. investments in, sources of income from, and business positions held in any business
providing services,supplies,materials,or equipment of the type utilized by the District,and
17 Title 2,Administration 18 Title 2,Administration
2.56.030.7 Staff members assist the General Manager in presenting information to the
2.56.020.1 The Board shall make its decisions based on the merits and substance of the Board of Directors and shall be a resource to the Directors to answer questions arising
matter at hand,rather than on unrelated considerations.; during discussion. These discussions shall remain focused on the agenda topic in
accordance with the Brown Act;
2.01.020.2 The Board shall conduct its business in a manner that supports the maintenance 2.56.030.8 District General Counsel shall act as Parliamentarian to assist the Board
of a positive and constructive work place environment for District staff,private citizens and President in matters regarding procedure,enforcement of this Board Code of Conduct and
businesses dealing with the District.; compliance with the Brown Act so that the Board actions remain orderly and proper;
2.56.020.3 Directors shall prepare in advance of Board meetings and be familiar with issues 2.56.030.9 The Board President may limit the time any Director or other speaker has to
on the agenda.; address the Board so that the business of the Board appearing on the agenda can be dealt
with efficiently.
2.56.020.4 Directors shall fully participate in Board meetings while demonstrating respect,
consideration and courtesy to others.; 2.56.040 Rules Regarding Public Input
2.56.020.5 Directors shall become familiar with Rules of Procedure and this Board Code of It is recognized that an important element of governing the District within the traditions of
Conduct.; democracy require and benefit by citizen input. It is also recognized that the Brown Act
r requires that the Board's meeting agenda provide for the opportunity for public input. It is
2.56.020.6 Directors shall be responsible for the highest standards of respect,civility and also recognized that the Board of Directors of the District shall accept public input and
honesty. consider it seriously.
In public meetings the Directors shall:
2.56.030 Directors Conduct with One Another
2.56.040.1 Listen to public input in a respectful and civil manner;
The Board of Directors is composed of individuals with a wide variety of opinions and all
have freely chosen to serve in public office. It should be recognized that disagreements will 2.56.040.2 Directors shall not engage presenter of public input in dialogue,but shall,at the
develop and need to be accommodated in a courteous manner. conclusion of public input,discuss and decide the appropriate response to the input;
In public meetings the Directors shall:
2.56.040.3 Public input shall be limited to three minutes per presenter, or as deemed
2.56.030.1 Practice civility and decorum in discussions and debate; appropriate from the Board President,to provide time for the Board of Directors to efficiently
conduct other business on its agenda;
2.56.030.2 Honor the role of the Board President in maintaining order and equity. Respect
the Board President's efforts to focus discussion on current agenda items. Objections to the 2.56.040.4 Equally,public presenters shall be respectful of the Board of Directors and others
President's actions should be voiced politely and with reason; participating in the meetings.
2.56.030.3 It shall be the duty and responsibility of the Board President to ensure that the 2.56.050 Procedural Considerations
rules of operation and decorum contained in the Board Code of Conduct are observed;
The Board of Directors shall commit to annually review important procedural materials. At
2.56.030.4 The Board President shall maintain control of communication between Directors the beginning of each year the Board of Directors will review Board Code of Conduct,the
and between the Directors and staff and public; Brown Act and other matters related to Board procedures.
2.56.030.5 Directors should request and be recognized by the Board President before 2.56.060 Debate Forum
speaking. When one Director has the floor and is speaking other Directors shall not The discussion and deliberations at Board meetings are to secure the mature and reasoned
interrupt or otherwise disturb the speaker; decision of the Board on matters appearing on the agenda.
2.56.030.6 Be respectful of other people's time. Stay focused and act efficiently during All discussions must be relevant to the motion before the Board. A Director is given the floor
public meetings. The work at hand is important and decisions must me made; only for the purpose of discussing the pending question;discussion which departs from the
agenda matter is out of order.
Protocol for agenda items:
1. Board President reads the agenda item
21 Title 2,Administration 22 Title 2,Administration
2. General Manager or staff representative introduces the question before the Board
3. Report from staff/presenter
4. Public input
5. Director questions and discussion
6. Motion and second
• Motion to approve
• Motion to amend
• Motion to table
• Motion to call the question
7. Action
2.56.070 Ethics Training
As required by California AB 1234, beginning in January, 2006 each director will attend
ethics training. Thereafter,recertification of having attended ethics training is required every
two years.
Resolution 2008-30(Oct. 1,2008)
23 Title 2,Administration
located in or doing business within the District.Types of businesses for which disclosure is r.Water System Engineer
required include,but are not limited to the following: s.Water Engineer
a.Construction and building materials;
b.Office equipment and supplies; C.Category III
c.Banks and savings and loan institutions; 1. Disclosure Categories, Persons occupying positions in Category III shall disclose any
d.Public utilities; investments in, sources of income from, and business positions held in any business
e.Financial audit services; providing services,supplies,materials,or equipment of the type utilized by the District,and
f.Insurance services; located in or doing business within the District.Types of businesses for which disclosure is
g.Printing,reproduction or photographic equipment,supplies and services; required include,but are not limited to the following:
h.Chemical supplies and equipment; a.Office equipment and supplies;
i.Motor vehicles and specialty vehicles,parts and supplies; b.Printing,reproduction or photographic equipment,supplies and services;
j.Petroleum products; c.Employment and temporary help agencies
k.Measuring and calculating equipment;
I.Safety equipment and supplies; 2.Designated Positions
m.Telephone and communication services and equipment; a.Executive Secretary
n.Pipes,valves,fittings,pumps,tanks and similar materials; b.Human Resources Administrator
o.Water quality testing equipment and services;
p.Cathodic protection equipment,services and supplies; CHAPTER 2.56
q.Engineering services;
r.Employment and temporary help agencies; BOARD CODE OF CONDUCT
s.General and specialty equipment rental;
t.Demolition,construction and maintenance services; Sections:
u.Real estate sales or investment firms;
v.Consulting services:legal,collection,energy and power,engineering,soils testing, 2.56.010 Introduction
water treatment,data processing,computers,financial,labor relations,employee 2.56.020 General
training, advertising, communications, design, art work, audiovisual, movie 2.56.030 Directors Conduct with One Another
production,planning,water pricing and demand,economics,auditing,desalination, 2.56.040 Rules Regarding Public Input
architecture environmental,appraisal; 2.56.050 Procedural Considerations
w.Information technology. 2.56.060 Debate Forum
x.Computer hardware and software
2.56.010 Introduction
2.Designated Positions
a.Administrative Services Manager The Truckee Community has established the Truckee Donner Public Utility District(District)
b.Buyer/Clerk to provide essential services needed to support the prosperity and general wellbeing of the
c.Conservation Programs Administrator community.The District's powers and responsibilities are set forth in the California Public
d.Customer Services Manager Utility District Act that requires the election of a Board of Directors to govern the District by
e.Electric Utility Manager/Power Supply Manager meeting in accordance with the California law known as the Brown Act. The Board of
Directors is required to consider complex facts and make many important decisions that
f.Electric System Engineer
f. Electric Engineer impact the prosperity and general wellbeing of the Truckee Community.The voters of the
g.h.Electric Superintendent District have elected a Board of Directors to govern the District,and that Board states that it
i.Finance&Accounting Manager recognizes the importance of making sound reasoned decisions in a timely and efficient
j Geographical Information Services Coordinator manner.The Board recognizes the importance of deliberating and making decisions using a
. Human Resources Administrator process that is orderly,efficient,civil,fact based and proceeds in a timely basis.
k.1.Power Supply Engineer
m.Public Information and Conservation Manager 2.56.020 General
n.Senior Accountant Analyst The Board of Directors shall perform its duties in accordance with the processes and rules
o.Technical Program Administrator set forth in this Code governing the deliberation of public policy issues, meaningful
p.Water Utility Manager involvement of the public,and implementation of policy decisions of the Board by District
q.Water Superintendent staff.
19 Title 2,Administration 20 Title 2,Administration
2.40.010.7 Public and customer relations
CHAPTER 2.50
2.40.010.7(A) Represent the Board in the community and at professional meetings as
required and as directed by the Board. RETENTION AND/OR DESTRUCTION OF RECORDS
2.40.010.7(B)Investigate and authorize membership in service clubs and associations which Sections:
would be beneficial to the District,and authorize the payment of dues for such memberships
by the District management staff. 2.50.010 Destruction of District records;excepted records
2.50.020 Retention of District records
2.40.010.7(C)Develop a program for maintaining favorable relations with District customers. 2.50.030 Destruction of District records;conditions
2.50.040 Duplicate records less than five years old;destruction
2.40.010.8 Manager to delegate-In performing the responsibilities set forth herein,the 2.50.050 Authority of Treasurer or fiscal agents
Manager is expected to develop a highly competent and motivated staff and should delegate
authority and responsibility to the staff to insure the proper functioning of the District. 2.50.010 Destruction of District records:excepted records-Unless otherwise provided
by law,the District Clerk may destroy any District record,document, instrument, book or
paper under his or her charge,without making a copy thereof,after the same is no longer
CHAPTER 2.44 required.
' CONDITIONS OF EMPLOYMENT 2.50.020 Retention of District records-This Section does not authorize the destruction of
records required to be kept by statute. (See Appendix A for District Record Retention
Sections: Schedule.)
2.44.010 Conditions of Employment for the General 2.50.030 Destruction of District records:conditions-Notwithstanding the provisions of
Manager Section 2.50.010,the District Clerk who is the custodian of District records,documents,
instruments, books and papers, may cause to be destroyed any or all such records,
2.44.010 Conditions of Employment for the General Manager-Prior to employment by documents,instruments,books and papers,if all of the following conditions are complied
the District, the prospective General Manager shall be required to satisfy the Board of with:
Directors that his general physical condition is such that he will be able to function property
in the position. (a) The record, paper or document is photographed, micro-photographed,
reproduced by electronically recorded video images on magnetic surfaces,
recorded in the electronic data-processing system,recorded on optical disk,
CHAPTER 2.48 reproduced on film or any other medium which does not permit additions,
PERFORMANCE EVALUATIONS AND SALARY ADJUSTMENTS deletions, or changes to the original document in compliance with the
minimum standards or guidelines,or both,as recommended by the American
Sections: National Standards Institute or the Association for Information and Image
Management for recording of permanent records or non-permanent records,
2.48.010 Performance Evaluations and Salary whichever applies.
Adjustments for the General Manager (b) The device used to reproduce such record,paper or document on film,optical
disk, or any other medium is one which accurately reproduces the original
2.48.010 Performance Evaluations and Salary Adiustments for the General Manager- thereof in all details and which does not permit additions, deletions, or
The General Manager shall be employed by the Board of Directors at a salary established changes to the original document images.
by the Board. The Board shall work with the General Manager to set performance goals and
objectives. At least annually,the Board will appraise the General Manager's performance as (c) The photographs,microphotographs,or other reproductions on film,optical
described in the General Manager's Employment Agreement with the District. Consideration disk or any other medium are placed in conveniently accessible files and
of an increase in compensation within the District's approved wage and salary plan will be provision is made for preserving,examining,and using the files.
given at that time.
Every reproduction complying with the above process shall be deemed to be an original
record and a transcript, exemplification, or certified copy of any reproduction shall be
15 Title 2,Administration 16 Title 2,Administration
to exercise independent judgment in executing policies of the Board of Directors. The Board
acknowledges that obligation and gives the General Manager that latitude of judgment and 2.36.010.6 Payment of the Board member credit card charges shall be presented with the
discretion,and expects faithful performance in carrying out all of the policies of the Board of list of cash disbursements presented to the Board for approval as part of the monthly
Directors. Treasurer's Report.
2.32.020.8 The Board of Directors recognizes its responsibility for the employment of the 2.36.010.7 In the event a personal vehicle is used, reimbursement shall be at the IRS
General Manager and further,the additional responsibility for a systematic appraisal of the business deduction rate. This sum represents the District's total expense for vehicle use
General Manager's performance in order that growth, development and effective and fuel charges.
improvements are encouraged.
2.36.010.8 Prior to departure on the conference,the Director or General Manager shall be
2.32.020.9 The President of the Board of Directors shall be responsible for inviting the provided with a copy of this policy,a copy of the expense form,and any documents relating
attention of the Board members to non-adherence to this policy. to hotel registration,conference registration and airline ticketing.
2.32.020.10 Combined with section 2.48
CHAPTER 2.40
CHAPTER 2.36 DELEGATIONS
PAYMENT OF EXPENSES Sections:
Sections: 2.40.010 Delegations from the Board of Directors to the
General Manager
2.36.010 Payment of Expenses-Directors and General Manager
2.40.010 Delegations from the Board of Directors to the General Manager-In order to
2.36.010 Payment of Expenses-In order to manage the District it is necessary that the properly carry out the policy making responsibilities of the Board of Directors,the Board
Directors and General Manager remain well informed on latest technologies,management wishes to clarify its priorities and delegations of authority to the General Manager. By
practices and issues affecting water and electric utilities. clarifying the Board's priorities and delegations, the Manager will have the authority to
properly direct the operations of the District,and the Board will be better able to review the
It is the policy of the District to encourage Directors and the General Manager to participate District's performance.
in training programs offered by professional and trade associations by paying the expenses
for membership and attendance at conferences. As set forth in Section 16114 of the Public Utilities Code,the General Manager is delegated
full charge and control of the construction of the works of the District and of their
The reimbursement of expenses incurred by Directors and the General Manager while maintenance and operation.
conducting District business,shall be guided by the following principles:
Subject to policy formulation and direction by the Board of Directors,the General Manager
2.36.010.1 Board authorization for attendance and payment of appropriate expenses for the shall plan,direct,coordinate,and review the activities of the District's operations and work
General Manager and Directors to attend conferences,training sessions,schools and/or forces.
meetings shall be obtained in advance.
The General Manager is hereby delegated the following specific authority and responsibility,
2.36.010.2 Whenever possible,the District shall issue checks in advance to cover lodging, and may further delegate authority and responsibility to District staff. In carrying out these
air fare and conference costs. duties,the General Manager will adhere to policy determinations of the Board of Directors.
2.36.010.4 Each Director shall be issued a District credit card in their name to cover 2.40.010.1 Plan
approved District business expenses.
2.40.010.1(A) Direct and participate in the development and implementation of goals,
2.36.010.5 Upon return, there shall be an itemization of moneys spent and receipts objectives,management policies.
evidencing the same shall be attached on a form provided by the District. A copy of this
itemization and attachments shall be provided to all Board members. If appropriate receipts 2.40.010.1(B) Advise the Board on matters of administrative practices, recommend
are not provided to the District,there shall be no reimbursement. legislation and policies required in the public interest.
11 Title 2,Administration 12 Title 2,Administration
2.08.010.1 The TDPUD Board meeting minutes shall be action only minutes listing the title CHAPTER 2.16
of the topic, a brief description of the topic, action taken or direction given, and any
appropriate roll call votes. Resolutions and ordinances shall be attached as part of the BUDGETS
action minutes. These minutes shall be a permanent record of the District.
Sections:
2.08.010.2 All Board meeting minutes will be officially recorded on electronic medium. The
original recordings shall be preserved perpetually by the District Clerk or his/her designee. 2.16.010 Budgets
2.08.010.3 Within 48 hours of a meeting,a copy of the action minutes shall be prepared in 2.16.010 Budgets—The General Manager shall prepare a budget calendar for Board
draft form. review at the first regular meeting in August prior to the budget cycle (annually or bi-
annually). The General Manager shall present a proposed draft budget for the ensuing
2.08.010.4 Appropriate recording and play-back equipment shall be provided by the District. calendar year(s)to the Board in the last quarter of the budget cycle period for the next
The equipment,recordings and copies of the action minutes shall be kept in library format. budget cycle. The Board shall adopt such budget with any changes ordered by it,not later
The equipment, duplicate recordings and copies of the action minutes shall be made than the second regular meeting in December. The Manager,or individual Board members
available to the general public for review and inspection upon appointment during regular may recommend changes in the budget from time to time;and the Board may adopt such
business hours of the District. changes. A public hearing shall be held prior to adoption of the budget.
2.08.010.5 Copies of the action minutes and of the Board meeting recordings shall be made
available to any interested party upon their request and payment of the duplication costs CHAPTER 2.20
pursuant to the Miscellaneous Fee Schedule.
BOARD VACANCIES
CHAPTER 2.10 Sections:
PUBLIC HEARINGS 2.20.010 Board Vacancies
Sections: 2.20.010 Board Vacancies - All vacancies occurring on the Board of Directors, for
whatever reason, shall be filled according to the rules contained in the California
2.10.010 Notices of Public Hearings Government Code.
2.10.010 Notices of Public Hearings - All public hearings will be advertised by the
Secretary in a local newspaper of general circulation in small display ad form. CHAPTER 2.24
PARLIAMENTARY PROCEDURE
CHAPTER 2.12
Sections:
COMMITTEES
2.24.010 Parliamentary Procedure
Sections:
2.24.010 Parliamentary Procedure-As to all matters not hereinabove provided for,the
2.12.010 Committees conducting of the business of the Board and its parliamentary procedure shall conform to the
RULES OF ORDER REVISED by H.M.Robert,which RULES OF ORDER are by reference
2.12.010 Committees-Standing and select committees for the performance of such duties made a part of these bylaws.
as may appear necessary and proper shall from time to time be appointed by the President.
In the absence of any members of any committee, the presiding officer may appoint a
substitute who shall serve during such absence.
7 Title 2,Administration 8 Title 2,Administration
2.04.080 Voting
2.02.020.5 The Assistant Treasurer shall be appointed by the Board by name and shall have 2.04.090 Statements for Visitors
such duties as assigned by the Board pursuant to Resolution 2008-21. 2.04.100 Recording of Meetings
2.02.020.6 The Accountant shall be appointed by the Board by name and shall have such 2.04.010 Place of Meeting-Until changed by further resolution amending these rules,the
duties as assigned by the Board pursuant to Resolution 2008-23. place of meeting of the Board of Directors shall be the Board Room of the Truckee Donner
Public Utility District,in Truckee,California. When appropriate notice has been given,any
2.02.020.7 The District Counsel shall be the Parliamentarian of the District,shall advise it meeting may be scheduled at another location within the District. The Board of Directors
with respect to the applicable laws,interpret rules,bylaws and policies,coordinate actions may,upon showing of special circumstances,hold Board meetings outside the District. All
with the other consultants,and shall perform such other acts as requested by the Board of legislative meetings of said Board shall be open to the public and shall be held at said office
Directors. and place of meeting;provided,however,that meetings duly opened at said office may be
adjourned to such other place or places within the confines of said District as may be found
2.02.020.8 The officers of the District shall be elected at the first meeting in December of convenient or necessary by the Board,and provided further that this rule shall not preclude
each year for a one year term. It shall be the policy of the Board to attempt to give each the Board from holding executive sessions when permitted by law.
Director the opportunity to serve as President and Vice President for one year during their
four-year term. Notwithstanding the foregoing,an incumbent President or Vice President 2.04.20 Time of Meeting—The time for regular meetings of the Board is the first and third
may be re-elected to that office. The officers serve at the pleasure of the Board and may be Wednesday of each month at 6:00 P.M. If and when said Wednesday falls on a legal
removed from office prior to the expiration of their one-year term. holiday, then said regular meeting shall be held at 6:00 P.M. on the next business day
following the legal holiday.
CHAPTER 2.03 2.04.030 Adjourned Meetings-If the business coming before the Board at any regular or
adjourned meeting is not finished on the day fixed for such meeting,or if for any reason
ORDINANCES such adjournment is deemed proper,the Board may adjourn to such time and place as may
be specified in the Order of Adjournment. When the Order of Adjournment fails to state the
Sections: hour to which the adjourned meeting is to be held,it shall be held at the hour specified for
regular meetings. In the event that an adjourned meeting is not called, and a special
2.03.010 Publication of Ordinances meeting does not take place prior to the next regular meeting,then the unfinished items shall
be placed on the agenda for the next regular meeting.
2.03.010 Publication of Ordinances - All ordinances of the Board will be placed for
publication once in the public notice section of a local newspaper of general circulation 2.04.040 Special Meetings-A special meeting may be called at any time by the President
within 30 days after adoption. or by a majority of the members of the Board, by delivering personally or by mail written
notice to each member of the Board and to each local newspaper of general circulation,
radio or television station requesting notice in writing. Such notice must be delivered
CHAPTER 2.04 personally or by mail at least 24 hours before the time of such meeting as specified in the
notice. The call and notice shall specify the time and place of the special meeting and the
BOARD MEETINGS business to be transacted. No other business shall be considered at such meetings by the
Board. Such written notice may be dispensed with as to any member who at or prior to the
Sections: time the meeting convenes files with the Clerk/Ex-officio Secretary a written waiver of notice.
Such waiver may be given in writing in person,by US mail or by e-mail. Such written notice
2.04.010 Place of Meeting may also be dispensed with as to any member who is actually present at the meeting at the
2.04.020 Time of Meeting time it convenes.
2.04.030 Adjourned Meetings
2.04.040 Special Meetings 2.04.050 Written Notice of all Meetings-Advance written notice shall be given for all
2.04.050 Written Notice of all Meetings meetings in the following manner:
2.04.055 Availability of Agenda Packet
2.04.060 Agenda,discussion and debate-Regular and 2.04.050.1 A written notice of all meetings(agenda)shall be mailed to each Director as far
Special Meetings in advance of the meeting as possible,but,in any event,either mailed or expressly hand-
Special Order Business delivered so as to be received 72 hours in advance of the meeting. Notwithstanding the
foregoing,and in accordance with Section 2.04.040 herein,notice for all special meetings
3 Title 2,Administration 4 Title 2,Administration