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Resolution 2542 ,. J " . . " - \.., RESOLUTION NO. 2542 A RESOLUTION OF THE BOARD OF DIRECTORS OF SOUTH TAHOE PUBLIC UTILITY DISTRICT ADOPTING A CONFLICT OF INTEREST CODE AND AUTHORIZING THE FILING THEREOF WITH THE EL DORADO COUNTY CLERK AND SUPERCEDING RESOLUTION NO. 2504 AND RESOLUTION NO. 2507. BE IT RESOLVED by the Board of Directors of South Tahoe Public Utility District as follows: 1. Notice of a Public Hearing for the adoption of a Conflict of Interest Code as amended and updated as of the date of this Resolution together with an Appendix for South Tahoe _\. Public District was given by Publication in the TahQe Daily Tribune at the times set forth in the Applicant of Publication on file with the Clerk attached to this Resolution. 2. All officers and designated employees of the South Tahoe affected by the Code and the Appendix have been notified and received copies of the Conflict of Interest Code and Appen- dix. After the Public hearing as so noticed, and there being no oral or written comments received, the Board of Directors takes the action bv this Resolution hereafter set forth. 3. The oresent form of the Conflict of Interest Code for state and local aaencies as set forth bv the Fair Political Practices commission is herebv adooted as the Conflict of Inter- est Code for South Tahoe Public utility District, a CODY of which ~ is attached to this Resolution and made a Dart hereuf. 1 ..... \.,. 4. The Appendix for South Tahoe Public utility District to said Conflict of Interest Code, adopted by this Resolution, setting forth the Disclosure Categories and Designated Employee positions is attached to said Code and made a part of the Code. 5. The Board of Directors authorizes a certified copy of this Resolution and the Code, including the Appendix, be sub- mitted to the EI Dorado county Clerk, Elections Department, for review and County approval in accordance with the applicable Government Code and Fair Political Practices Commission regula- tions. 6. This resolution supercedes Resolution No. 2504 adopted December 21, 1989 and Resolution No. 2507 adopted '-' February 15, 1990. PASSED AND ADOPTED by the Board of Directors of South Tahoe PUblic utility District at a duly held adjourned regular meeting on the 7th day of February, 1991, by the following vote: AYES: Directors onysko, Pierini, Mason, Mosbacher, and Sinclair NOES: None ~ ABSENT: None NAT INCLAIR, Chairman Board of Directors South Tahoe Public utility District ATTEST: ~ Ai; a ~;6{ PAT A. MAMATH, C erk South Tahoe Public utility District 2 February 7, 1991 \...,. CONFLICT OF INTEREST CODE FOR THE SOUTH TAHOE PUBLIC UTILITY DISTRICT \.. The Political Reform Act, Government Code section 81000, gt seq., requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Policital Prac- tices Commission has adopted a regulation, 2 Cal. Code of Reg. Section 18730, which contains the terms of a standard conflict of interest code. It can be incorporated by reference and may be amended by the Fair Political Practices commission after public notice and hearings to conform to amendments in the Regulations section 18730 and any amendments to it duly adopted by the Fair Poli tical Practices commission are hereby incorporated by reference and, along with the attached Appendix in which members and employees are designated and disclosure categories are set forth, constitute the conflict of interest code of the South Tahoe Public utility District. Pursuant to aection 4 (A) of the standard code, Board Mem- bers, General Manager and designated employees of South Tahoe Public Utility District shall file statements of economic inter- ests with the Clerk of the District. Upon receipt of the state- ments of the South Tahoe Public utility District Board Members, and General Manager, the Clerk of the District shall make and retain a copy of each statement and forward the original of these statements to the El Dorado County Elections Department. State- ments for all other designated employees will be retained by the '- 1 ~ District Clerk. The District Clerk shall make all statements of economic interests available for Public inspection and reproduc- tion. ~ ~ 2 c (Regulation of the Fair Political Practices Commission, Title 2, Division 6 of the California Code of Regulations) 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 87300 or the amendment of a conflict of interest code within the meaning of Government Code Section 87306 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, ~ seq. The requirements of a conflict of interest code are in addition to other requirements 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 promulgated pursuant to this regulation are as follows: (1) Section 1. Definitions. The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (2 Cal. Code of Regs. Sections 18100, ~ -.. seq.), and any amendments to the Act or regulations, are 1 18730 lr incorporated by reference into this conflict of interest code. (2) Section 2. Desianated Emolovees. The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on financial interests. (3) Section 3. Disclosure Cateaories. This c~ode 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, ~ seq.l Such persons are covered by this code for disqualification purposes only. with respect to all other designated employees, the disclosure categories k 1 Designated employees who are required to file statements of economic interests under any other agency's C~onflict of Iinterest C~ode, or under Article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests 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. 2 18730 - ~ set forth in the Appendix specify which kinds of financial interests are reportable. Such a designated employee 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 categories to which 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 materially through the conduct of his or her office. ~ (4) Section 4. Statements of Economic-Interests: Place of Filinq. 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 interest code.2 (5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing 2 See Government Code Section 81010 and 2 Cal. Code of Regs. 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. ~ 3 18730 \-,- body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuminq Office statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April l- (D) Leavina Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office. (5.5) Section 5.5. Statements for Persons Who Resian 30 Davs After Aooointment. Persons who resign within 30 days of initial appointment are not deemed to have assumed office or left office provided they did not make or participate in the making of, or use their position to influence any decision and did not receive or become entitled to receive any form of payment as a result of their \... \." 4 18730 ~ appointment. Such persons shall not file either an assuming or leaving office statement. . (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements. Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code. (B) Contents of Assumina 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, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively. (C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the ~ 5 18730 ~ \., '--' 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. (0) Contents of Leavina Office statements. Leaving office statements shall disclose reportable investments, interests in real property, income and 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 Reoortina. 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: (A) Investments and Real Prooertv Disclosure. When an investment or an interest in real property3 is required to be reported,4 the statement shall contain the following: 3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer. 4 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. 6 18730 \., 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 dol1ars ($10,000), or exceeds one hundred thousand '-' dollars ($100,000). (B) Personal Income Disclosure. When 5 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 \.,.- 5 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. 7 18730 \." ~ \., 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 received: 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 Entitv Income Disclosure. When income of a business entity, including income of a 6 sole proprietorship, is required to be reported~ the statement shall contain: 6 Income of a business entity is reportable it 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 categories of the filer. 8 18730 . ~ 1. The name, address, and a general .description of the business activity of the business entity; 2. The name of every person from whom the business entity received payments 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, employee, or in which he or she holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Disoosal Durina Reoortina 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 during the period covered by the statement, the statement shall contain the date of acquisition or disposal. ~ ~ 9 18730 . ~ (8) Section 8. Disaualification. No designated employee shall make, participate 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 the official or a member of his or her immediate family or on: (A) Any business entity in which the designated employee has a direct or indirect investment worth one thousand dollars (i1,000) 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 commercial lending institution in the regular course of business on terms available 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 12 months prior to the time when the decision is made; ~ 10 18730 " \. (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. (8.3) Section 8.3. Leaallv Reouired particioation. 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 Emolovees. In addition to the general disqualification provisions of Section 8, no state administrative 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 \.. ~ 11 18730 ~ 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 (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 Disaualification. 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 agency's official record; in the case of a designated employee who is the head o~ an agency, this determination and disclosure shall be made in writing to his or her appointing authority; and in ~ ~ 12 18730 .. . \. the case of other desigpated employees, this determination and disclosure shall be made in writing to the designated employee's supe~isor. (10) Section 10. Assistance of the Commission and Counsel. . Any designated employee who is unsure of his or her duties under this code may request assistance from the Fair Political Practices Commission pursuant to Government 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 Government Code Section 87100 or 87450 has occurred may be set aside as void pursuant to Government Code Section 9-1003. 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. (2) Editorial correction ~ 13 16730 r - . " ( 3 ) Amendment of subsection (b) filed 1/9/81 : effective '-' thirtieth day thereafter (4) Amendment of subsection (b) (7) (B) l. filed 1/26/83: effective thirtieth day thereafter (5) Amendment of subsection (b) (7) (A) filed 11/10/83: effective thirtieth day thereafter (6) Amendment filed 4/13/87: operative 5/13/87 (7) Amendment of subsection (b) filed 10/21/88: operative 11/10/88 (8) Amendment filed 8/28/90: operative 9/27/90. \. \., 14 18730 ~ February 8, 1991 SOUTH TAHOE PUBLIC UTILITY DISTRICT CONFLICT OF INTEREST CODE APPENDIX A Designated Employee positions The designated employees whose duties are broad and undefinable may involve contracting or purchasing, regulatory powers, and in- vestments, Directors General Manager Assistant General Manager Attorney Clerk \.. Finance Officer Accountant Construction Manager purchasing Agent Associate Engineer Engineering Associate Manager of Wastewater Operations Manager of Maintenance Manager of Water operations Manager of Land Application Manager of Customer Relations Data Processing Manager Administrative Assistant Specialized Consultant: The Special Consultants employed by the District in a decision-making capacity shall make such disclosure as the General Manager or Assistant General Manager shall deter- mine, if any, is required by any particular consultant on any particular task order of employment. Any disclosure determined by the General Managre or Assistant General Manager as required shall then comply with Category 8 and other Disclosure Category or categories as the General Manager and Assistant General Manager shall determine applicable. '" ~ CATEGORY 1: CATEGORY 2: CATEGORY 3: CATEGORY 4: ~ CATEGORY 5: CATEGORY 6: CATEGORY 7: CATEGORY 8: ~ February 8, 1991 APPENDIX B DISCLOSURE CATEGORIES Investments, business positions in business entities, and sources of income, of the type which contract with the agency to supply materials, commodities, supplies, books, machinery, vehicles, or equipment utilized by the agency. Investments, business positions in business entities, and sources of income, which are contractors or subcontractors, engaged in the performance of work or services of the type utilized by the agency, including, but not limited to, insurance companies, carriers, holding companies, underwriters, agents, or accounting firms. Investments, business positions in business entities, and sources of income, which have filed claims against the agency. Investments, business positions in business entities, and sources of income from banks and savings and loans. Investments, business positlons in business entities, and sources of in~e which are of the type in which the authority ~~. empowered to invest its funds. . All interests in real property located within the jurisdiction of the agency or within two miles of its boundaries. All investments in, and sources of income from business entities doing business within the jurisdiction of South Tahoe Public utility District. All investments and sources of income from business entities having done business within the jurisdiction of said District during the past two years, all investments and sources of income from business entities planning to do business within the jurisdiction of said District, and all other sources of income within the jurisdiction of said District. Specialized Consultant investments, interests within the Agency or within two miles of its boundaries, investments and sources of income from business entities within the District during past two years and investments and sources of income of business entities within the District. SOUTH TAHOE PUBLIC UTILITY DISTRICT Chairman ROBERT MASON Sewer .1950 .Walar A PUBLIC AGENCY P.O. Box 19487 . South Lake Tahoe, California 95706-3487 . Phone (916) 544-6474 1275 Meadow Crest Drive FAX (916} 541-0614 Directors STEVEN J. ONYSKO LOU PIERINI NOEL B WALKER NAT SINCLAIR January 16, 1991 Tahoe Daily Tribune Legal Notice Department P.O. Box l358 So. Lake Tahoe, cA 95705 subject: NOTICE OF PUBLIC HEARING Please publish Radification of following dates: the the attached NOTICE Model Conflict OF PUBLIC of Interest HEARING Code on for the Thursday, January 24, 1991 Thursday, January 3l, 1991 lr Also, please send me two copies of Proof of Publication for the dates noted above. Thank you. sincerely, () I /J7~_l~''L..~/;o(~:~ l~~) // (I.r ,- i/'-' Pat A. Mamath Clerk of Board Attachment cc: Accounts Payable ~ '(@;:::'.:'. 'ili/i..:;. - - >. ,'~ ,I _, ,; . ," ." ~ . !.' "~:_l,, ,'.-',~.r..,1 .. ~ ,: ;",. ,I. ~ I~ . ",1,-:). .ta.., ':" ,.; 'I ~ ~'. I.'l:~l ;,':;., ;. 'I',. :.,-:..~I , "r ,I'" i' . ~ ~. , \.,-.. w.:'r.:-:' I,,",, - " ~---~_. :! --- AFFIDA,VIT OF PUBLICATION .'. STPUD Box 19487 South Lake Tahoe, CA. 95706-3487 'I Notice of Public hearinq .' ,. STATE OF CALIFORNIA County of EI Dorado "1.1 I am a citizen of the United States and a resident of 'the County foresaid; I am over eighteen years, and not a part to or Interested in. the above entitled maller, I am the principal clerk of the printer of the printer of The Tahoe Daily Tribune a newspaper of general circulation, printed and published Sunday through Friday in the City of South Lake Tahoe, County of EI Dorado, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of EI Dorado, State of California under the date'of March 6, 1970 Case Number 18569, that the notice of which the annexed Is a printed copy (set in type not smaller t~an nonpareil), has been published In each regular and entire issue .. of said newspaper and not In any' supplement thereof on the following dates, to wit: January 24, 31 r .' all In the year of: 1991 I certify (or declare) under penalty, that the foregoing is true and correct. Dated at South Lake Tahoe ::::~~I~~lan 1991 ,; NOnCE OF PUBLIC T' ., ,;. HEARING ,.. o WHOM IT MAY , ., CONCERN: . NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING FHAS BEEN SCHEDULED OR THE 7lh. DAY OF FEB. RUARY, 1991 4'30 PM AT 1900 LAKE TAH'OE BOULE; VARD, CITY COU CHAMBERS: . , NCIL BY ORDER OF THE BOARD OF DIRECTORS OF THE SOUTH TAHOE PUBLIC UTILITY DI~TRI9T TO CON. SIDER Rauficauon of the ~odel Conflict of Interest ~de and amend lhe District Disclosure Categories and Designated Employee Posl. tlon~: All des/gnaled emplo ee POS!Uon holders shall reclive copies of lhe Model Conflict of Interest Code 0' and th amendm~nt8 'considered an~ op~ortunlry to comment T~ s NoUcelhaJl be pUblished IlN ~ oneHWNJ<;..;betw8llln"" p~blicatlons /n lhe Tahoe Daily Tribune ,newspaper, a news. pap?r of general publicatlon' ~lhln the District.. . PAT A.MAMATl-( '..:" CLERK OF BOARd : ,SOUTH TAHOE.'" PUBLIC UTILITY DISTRICT, ,. . DATED: January 14 1991 ': 1/24,31,1991InVN0351 . " . l \." ~ lr NOT ICE PUB L I C H EAR I N G o F TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING HAS BEEN SCHEDULED FOR THE 7th DAY OF FEBRUARY. 1991 4:30 P,M, AT 1900 LAKE TAHOE BOULEVARD, CITY COUNCIL CHAMBERS BY ORDER OF THE BOARD OF DIRECTORS OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT TO CONSIDER Ratification of the Model Conflict of Interest Code and amend the District Disclosure Categories and Designated Employee Positions. All designated employee position holders shall receive copies of the Model Conflict of Interest Code and the amendments considered and opportunity to comment. This Notice shall be published twice, one week hetw~pn publications in the Tahoe Daily Tribune newspaper, a newspaper of general publication within thp ni~trict f?d (j ~~:2d PAT A, MAMATH) CLERK OF BOARD SOUTH TAHOE PUBLIC UTILITY DISTRICT DATED: January 14. 1991