HomeMy WebLinkAboutORD 1987-03 - Board .ti
ORDINANCE NO. 8703
OF THE
TRUCKEE-DONNER PUBLIC UTILITY DISTRICT
REPEALING THE DISTRICT'S PRIOR CONFLICT OF INTEREST CODE
AND ADOPTING A NEW CONFLICT OF INTEREST CODE
WHEREAS, the Political Reform Act of 1974, Government Code
Section 81000 et seq. , 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Conflict of Interest Code out-of-date; and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;
NOW, THEREFORE, BE IT ORDAINED by the Board of Directors of the
Truckee-Donner Public Utility District as follows:
1. Ordinance 7602 , Resolution 8024, 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adoption of a Conflict of Interest Code are hereby repealed.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 Nevada
County Board of Supervisors for approval, who, pursuant to
Government Code Section 87303, are required to either
approve or revise this Code within 90 days of receipt.
PASSED AND ADOPTED by the Board of Directors of Truckee-Donner
Public Utility District at a meeting duly called and held within
the District on July 6, 1987, by the following roll call vote:
AYES: Aguera, Cooley, Maass, Sutton and Corbett
NOES: None.
ABSENT: None.
TRUCKEE-DONNER PUBLIC UTILITY DISTRICT
J
By:
.4 /.
JV CORBETT, PRESIDENT
ATTEST:
Susan McDonald, Deputy District-Clerk
,i
TITLE 2 FAIR POLITICAL PRACTICES COMMISSION §18730
(Register 87.No.16—4 1847) (p' 334'5)
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 within the meaning of Government Code Section I
87300 or the amendment of a Conflict of Interest Code within the meaning of i
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 seq. The
requirements of w onflict 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-
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 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 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 which 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 which are of the kind described in the disclosure catego-
ries towhich 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 i
materially through the conduct of his or her office.
- I
'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 inter-
ests 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.
f
Exhibit "A"
'a
18730 FAIR POLITICAL PRA. fICES COMMISSION TITLE 2
(p. 334.6) (Register 87.No.16--a-18-87)
(4) Section 4. Statement 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 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 nally 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
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 tie effective date of this Code shall file statements within thirty days
after assuming the designated positions,or if subject to State Senate confirma-
tion, thirty days after being nominated or appointed.
(C) Annual Statements. All designated employees shall file statements no
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 any re-
portable 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 date of assuming office or, if subject to State 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 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 f
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:
2 See Government Code Section 81010 and 2 Cal.Adm.Code 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.
Exhibit "A"
TITLE 2 FAIR POLITICAL .AACTICES COMMISSION § 18730
(Register 87.No. 16—4 1"7) (p. 334.7)
(A) Investment and Real Property Disclosure. When an investment or an
interest in real property 3 is required to be reported,'the statement shall con-
tain 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 ($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 re-
ceived;
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;
'For the purpose of disclosure only (not disqualification),an interest in real property
i 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.
'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.
e 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 catego-
ries of the filer.
Exhibit "A"
18730 FAIR POLITICAL PRAM..ICES COMMISSION TITLE 2
(II• 334•8) (Register 87,No.19 4 1887)
2. The name of every person from whom the business entity received pay-
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 activity 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
anpual 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) Sectidh &. Disqualification. No designated employee shall make,par-
ticipate 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 material financial effect,
distinguishable from its effect on the public generally, on:
(A) Any business entity to 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 com-
mercial lending institution in the regular course of business on terms available
,r. . 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
(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.
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 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 official, or any
member of his or her immediate family has,within 12 months 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
Exhibit "A"
G
TITLE 2 FAIR POLITICAL . AACTICES COMMISSION § 18732
!Register 87,No.16 41"71 (p. 334.9)
(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 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%i'or. .
(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
assistancq from the Fair Political Practices Commission pursuant to Govern-
ment 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 Govern-
ment Code Section 87100 or 87450 has occurred may be set aside as void pursu-
ant to Government Code Section 91003.
NOTE: Authority cited: Section 83112, Government Code. Reference: Sections 87300-
87302,Government Code.
HISTORY:
1. New section filed 4-2-80 as an emergency;effective upon filing (Register 80,No.14).
Certificate of Compliance included.
fry+ 2. Editorial correction (Register 80,No.29).
3. Amendment of subsection (b) filed 1-9-81;effective thirtieth day thereafter (Regis-
ter 81, No.2).
4. Amendment of subsection (b)(7)(B)1.filed 1-26-83;effective thirtieth day thereaf-
ter (Register 83,No.5).
5. Amendment of subsection(b)(7)(A)filed 11-10-83;effective thirtieth day thereafter
(Register 83,No.46).
6. Amendment filed 4-13-87;operative 5-13-87 (Register 87, No.16).
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.
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