HomeMy WebLinkAboutRES 2009-09 - Board Resolution No. 2009 - 09
ADOPTING AMENDMENTS TO THE DISTRICT'S
CONFLICT OF INTEREST CODE
WHEREAS, the Board of Directors of the Truckee Donner Public Utility District wishes
to amend the District conflict-of-interest code; and
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 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 the conflict-of-interest code; and
WHEREAS, a Public Hearing was held on September 17, 2008 to consider public input
on the proposed changes to the conflict-of-interest code; and.
WHEREAS, a resolution was adopted on October 1, 2008 to accept the proposed
changes to the conflict-of-interest code; and.
WHEREAS, the Fair Political Practices Commission has asked the District to use a
standard format which makes substantial changes to the newly revised conflict-of-
interest code; and
WHEREAS, the designated positions have been revised to remove the Executive
Secretary and Human Resources Administrator; the Contract Administrator has been
added; and disclosure categories reworded to clarify reporting of interests; and
WHEREAS, the District has available at its offices all the information upon which the
proposed amendments to the conflict-of-interest code are based; and
NOW THEREFORE, BE IT RESOLVED, that the Board of Directors does hereby adopt
the amended conflict-of-interest code, located in District Code Title 2, Administration,
Chapter 2.52.
1 Resolution 2009-09, Conflict of Interest
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 18t" day of
February 2009 by the following roll call vote:
AYES: Directors Aguera, Bender, Hemig, Hillstrom and Sutton
ABSTAIN: None
NOES: None
ABSENT:None
TRUCKEE DONNER PUBLIC UTI TY DISTRICT
By
_ j I - 0-*"J.661-lemig, Presided
ATTEST:
i- ZZA�
Michael D. Holley, Clerk of the Board
2 Resolution 2009-09, Conflict of Interest
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
2.52.020 Disclosure Categories and Designated Positions
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 (District).
2.52.010 District's Conflict of Interest Code - The Political Reform Act
(Government Code Section 87100, et seq.) requires state and local government
agencies to adopt and promulgate conflict-of-interest codes. The Fair Political
Practices Commission has adopted a regulation (2 Cal. Code of Regs. 18730)
that contains the terms of a standard conflict-of-interest code, which can be
incorporated by reference in an agency's code. After public notice and hearing,
the standard code may be amended by the Fair Political Practices Commission
to conform to amendments in the Political Reform Act. Therefore, 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 Sections 2.52.015 — 2.52.020
designating officials and positions and establishing disclosure requirements shall
constitute the conflict-of-interest code for the Truckee Donner Public Utility
District (District).
2.52.010.1 Place of Filing — Individuals holding designated positions shall file
their statements with the District, which will make the statements available for
public inspection and reproduction (Gov. Code §81008). Statements for all
designated positions will be retained by the District.
2.52.015.Officials Who Manage Public Investments - The following positions
are not covered by this conflict-of-interest code because those individuals holding
these positions must file under Government Code Section 87200. These
positions are listed for information al purposes only:
• Members of the Board of Directors
• General Manager
• District Treasurer
• Assistant Treasure
• Consultants (Those that invest public funds.)
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An individual holding one of the above-listed positions may contact the Fair Political
Practices Commission for assistance or written advice regarding their filing obligations if
they believe that their position has been categorized incorrectly. The Fair Political
Practices Commission makes the final determination whether a position is covered by
Government Code Section 87200.
2.52.020 Designated Positions and Disclosure Categories
A. Designated Positions
The following positions are in Disclosure Category I:
Administrative Services Manager
Assistant General Manager
Attorney
Electric Utility Manager/Power Supply Engineer/GIS
Public Information and Conservation Manager
Water Utility Manager
Consultants*
The following positions are in Disclosure Category II:
Buyer/Clerk
Contract Administrator
Customer Services Manager
Finance and Accounting Manager
Geographic Information System Coordinator
Senior Accountant Analyst
,., Technical Program Administrator
The following positions are in Disclosure Category III:
Conservation Program Administrator
Electric Engineer
Electric Superintendent
Electric System Engineer
Water Engineer
Water Superintendent
Water System Engineer
*Consultants shall be included in the list of designated employees and shall
disclose pursuant to the Disclosure Requirements in the Code, subject to the
following limitations. The General Manager may determine, in writing, that a
particular consultant, although a "designated position," had been hired to perform
a range of duties that is limited in scope and thus is not required to fully comply
with the disclosure requirements described in this section. 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 the conflict-of-interest
code.
B. Disclosure Category 1
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Individuals holding designated positions in Disclosure Category I must report their
interests in real property located within the jurisdiction or within two miles of the
boundaries of the jurisdiction or within two miles of any land owned or used by the
agency; and investments and business positions in business entities, and income,
including loans, gifts, and travel payment, from all sources.
C. Disclosure Category II
Individuals holding designated positions in Disclosure Category II must report their
interests in real property located within the jurisdiction or within two miles of the
boundaries of the jurisdiction or within two miles of any land owned or used by the
agency; investments and business positions in business entities, and income, including
loans, gifts, and travel payment, from sources, that:
a. provide supplies, materials, machinery, equipment, or vehicles of the type
utilized by the District, including, but not limited to: motor and specialty
vehicles and parts, petroleum products, construction and building materials
(e.g. transformers, poles, wire, cable, pipes), and solar and renewable energy
products;
b. are contractors providing services utilized by the District, including, but limited
to: educational and medical services, information technology, insurance,
engineering, energy pricing, legal, and billing and collection;
c. are persons with a permit pending before the District;
d''are utility companies or sources that supply power to the agency, including
solar and renewable power;
e. engage in the business of brokering, acquiring, leasing, marketing, disposing,
or owning real property;
f. provide engineering, energy, or environmental assessment reports including
those relating to pricing and demand; or
. .� g. provide consulting services, including, but not limited to: legal, financial,
public relations, labor relations, and energy.
D. Disclosure Category III
Individuals holding designated positions in Disclosure Category III must report their
investments and business positions in business entities, and income, including loans,
gifts, and travel payments, from sources, that provide services, supplies, materials,
machinery, equipment, or vehicles of the type utilized by the Department to which the
filer has been assigned.
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