Resolution 2542
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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.
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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
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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
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ABSENT: None
NAT INCLAIR, Chairman
Board of Directors
South Tahoe Public utility
District
ATTEST:
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Ai; a ~;6{
PAT A. MAMATH, C erk
South Tahoe Public utility District
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February 7, 1991
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CONFLICT OF INTEREST CODE FOR THE
SOUTH TAHOE PUBLIC UTILITY DISTRICT
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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
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District Clerk. The District Clerk shall make all statements of
economic interests available for Public inspection and reproduc-
tion.
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(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
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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, ~
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seq.), and any amendments to the Act or regulations, are
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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
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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
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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.
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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.
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(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.
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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
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appointment. Such persons shall not file either an
assuming or leaving office statement.
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(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
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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
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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.
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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
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dollars ($100,000).
(B) Personal Income Disclosure. When
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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
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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.
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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
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sole proprietorship, is required to be reported~
the statement shall contain:
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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.
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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.
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(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;
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(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;
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(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
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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
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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.
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(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
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( 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.
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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
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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.
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CATEGORY 1:
CATEGORY 2:
CATEGORY 3:
CATEGORY 4:
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CATEGORY 5:
CATEGORY 6:
CATEGORY 7:
CATEGORY 8:
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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
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AFFIDA,VIT OF PUBLICATION
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STPUD
Box 19487
South Lake Tahoe, CA. 95706-3487
'I
Notice of Public hearinq
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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
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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 .
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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