HomeMy WebLinkAbout2019-11-05; Clean Energy Alliance JPA; Resolution 2019-001CLEAN ENERGY ALLIANCE
RESOLUTION NO. 2019-001
A RESOLUTION OF THE CLEAN ENERGY ALLIANCE
ADOPTING A CONFLICT OF INTEREST CODE
Attachment 1
WHEREAS, Government Code Section 87300 requires state and local government
agencies to adopt and promulgate conflict of interest codes; and
WHEREAS, the Fair Political Practices Commission has adopted a regulation (2 Cal. Code
of Regs. § 18730), which contains the terms of a standard conflict of interest code, which may
be incorporated by reference in an agency's code and, after public notice and hearing, may be
amended by the Fair Political Practices Commission to conform to amendments in the Political
Reform Act; and
WHEREAS, the Clean Energy Alliance ("Alliance") is a joint powers agency subject to the
requirement of Government Code Section 87300 to adopt a local conflict of interest code; and
WHEREAS, notice of the time and place of a public meeting on, and of consideration by
the Board of Directors of, the proposed Conflict of Interest Code for the Clean Energy Alliance
was duly provided and publicly posted for review at the offices of the Alliance; and
NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Clean Energy
Alliance, as follows:
Section 1. The Board of Directors of the Clean Energy Alliance ("Board") hereby adopts
the Conflict of Interest Code including its Appendices of Designated Positions and Disclosure
Categories, attached hereto.
Section 2. The Conflict of Interest Code shall be submitted to the Board of Supervisors
of San Diego County for approval and said Code shall not become effective until the Board of
Supervisors approves the proposed Conflict of Interest Code as submitted or revised.
Section 3. Persons holding designated positions listed in the Conflict of Interest Code
shall file with the Secretary of the Alliance Statements of Economic Interests on Fair Political
Practices Commission forms, in conformance with the individual disclosure categories and State
law.
Section 4. The Secretary of the Alliance is directed to provide, upon request, copies of
this Resolution and the Conflict of Interest Code to any officer, employee, and consultant
designated in the Code, and to make copies of the Code available to any interested party who
requests a copy.
Section 5. Any violation of any provision of the Conflict of Interest Code is subject to the
administrative, criminal, and civil sanctions provided in the Political Reform Act, Government
Code Section 81000 et seq.
The foregoing Resolution was passed and adopted this 5th day of November, 2019, by
the following vote:
AYES: Schumacher, Haviland and Becker
NAYS: None.
ABSENT: None.
ABSTAIN: None.
APPROVED:
Chairperson
ATTEST:
.~~ Seuetary
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CONFLICT OF INTEREST CODE OF THE
CLEAN ENERGY ALLIANCE
Incorporation of FPPC Regulation 18730
(2 California Code of Regulations. Section 18730) by Reference
The Political Reform Act (Government Code § 81000, 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 Regs§ 18730) that contains the
terms of a standard conflict of code which can be incorporated by reference in an agency's
code. After public notice and hearing, Section 18730 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 incorporated by reference. This
incorporation page, Regulation 18730 and the attached Appendices designating positions and
establishing disclosure categories, shall constitute the Conflict of Interest Code of the Clean
Energy Alliance ("Alliance").
The most current version of 2 Cal. Code of Regulations Se~tion 18730 is available on the
website of the Fair Political Practices Commission.
All Officials and Designated Positions required to submit a statement of economic interests
shall file their statements with the Secretary, as the Alliance's Filing Officer. The Alliance's Filing
Officer shall retain the originals of the statements of all Officials and Designated Positions and
shall make all retained statements available for public inspection and reproduction during
regular business hours. (Gov. Code § 81008.)
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CLEAN ENERGY ALLIANCE
CONFLICT OF INTEREST CODE
APPENDIX "A"
DESIGNATED POSITIONS
DESIGNATED POSITIONS
Board of Directors
Board of Directors (Alternates)
Executive Director
Treasurer and Chief Financial Officer
General Counsel
Consultants and New Positions
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DISCLOSURE CATEGORY
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CLEAN ENERGY ALLIANCE
CONFLICT OF INTEREST CODE
APPENDIX "B"
DISCLOSURE CATEGORIES
Designated positions must report financial interests in accordance with the assigned disclosure
categories.
CATEGORY 1: Persons in this category shall disclose:
(a) investments and business positions in business entities, and income (including
gifts, loans, and travel payments) from sources that contract with the Authority, or that
provide, plan to provide, or have provided during the previous two years, facilities, goods,
technology, equipment, vehicles, machinery, or services, including training or consulting
services, of the type utilized by the Authority; and
(b) all interests in real property located in whole or in part within the jurisdiction of
the Clean Energy Alliance, or within two miles of the borders of any of the parties to the Joint
Powers Agreement for the Authority, or within two miles of any land owned or used by the
Authority.
Persons not required to disclose a residence, such as a home or vacation cabin, used exclusively
as a personal residence; however, a residence in which a person rents out a room or for which a
person claims a business deduction may be reportable.
CATEGORY 2: Persons in this category shall disclose investments and business positions in
business entities and income (including gifts, loans, and travel payments) from sources that
contract with the Authority, or that provide, plan to provide, or have provided during the
previous two years, facilities, goods, technology, equipment, vehicles, machinery, or services,
including training or consulting services, of the type utilized by the Authority.
CATEGORY 3: Individuals providing services as a ~onsultant as defined by the Political Reform
Act, or in a new position created since this Code was last approved that makes or participates in
making decisions that may foreseeably have a material effect on any financial interest of the
position-holder shall disclose pursuant to the broadest disclosure category in this Code subject
to the following limitations:
The Chief Executive Officer or his or her designee may determine in writing that a particular
consultant or new position, although a "designated position", is hired to perform a range of
duties that is limited in scope and thus not required to fully comply with disclosure
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requirements in this section. Such written determination shall include a description of the
consultant's or new position's duties and, based upon that description, a statement of the
extent of disclosure requirements. The Chief Executive Officer or his or her designee's
determination is a public record and shall be retained for public inspection in the same manner
and location as this conflict of interest code. (Gov. Code Section 81008.)
Within 90 days of the creation of a new position that must file Statements of Economic
Interests, the Authority shall update this conflict of interest code to add the actual positon title
in its list of designated positions, and submit the amended conflict of interest code to the
County of San Diego for code-reviewing body approval by the County Board of Supervisors.
(Gov. Code Section 87306.)
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