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Home My WebLink About2019-11-05; Clean Energy Alliance JPA; ; Adopt Resolution No. 19-001 Adopting a Conflict of Interest CodeTO: ITEM7: DATE: CLEAN ENERGY ALLIANCE STAFF REPORT Clean Energy Alliance Board of Directors ADOPT RESOLUTION No. 19-001 ADOPTING A CONFLICT OF INTEREST CODE November 5, 2019 RECOMMENDATION: That the Board adopt Resolution No. 19-001 Adopting a Conflict of Interest Code. BACKGROUND AND DISCUSSION: California Government Code Section 87300 requires the Clean Energy Alliance (CEA) to adopt and promulgate a Conflict of Interest Code (Code) that applies to those officials and designated positions who are involved in CEA decision making. The proposed Code applies to the designated economic interests that exist within the jurisdiction of CEA and not just the jurisdiction of each of the Member Agencies. An agency may choose to adopt the Model Conflict of Interest Code prepared by the Fair Political Practices Commission and codified in Section 18730 of Title 2 of the California Code of Regulations. The code must list the positions within CEA that are considered "designated positions" and must identify the "disclosure categories" applicable for each designated position. The Code as proposed includes two appendices, which list CEA's designated positions and identifies the applicable disclosure categories for each designated position. Only persons holding designated positions listed in Appendix A to the Conflict of Interest Code need to file Statements of Economic Interest (Form 700s}. At this time, CEA's designated officers and employees include Board members and alternates, the Interim Executive Director, the General Counsel, Interim Treasurer and specified Consultants. All persons holding a designated position must file an initial Form 700 no later than 30 days after CEA's adoption of the Conflict of Interest Code. The Secretary of the Board will coordinate the preparation of a revised Conflict of Interest Code in succeeding even-numbered years, or within 90 days of the creation of a new position that must file a Form 700, in accordance with the requirements of Government Code Sections 87306 and 87306.5. The revised Code should reflect any changes in employee designations. If in an even-numbered year no revisions to the Code are required, the Secretary of the Board shall submit a report no later than October pt of the same year, stating that amendments to the Code are not required. Government Code Section 82011(b) requires the San Diego County Board of Supervisors to be the code reviewing body for CEA's Conflict of Interest Code. If the Board of Directors adopts the Code, staff will forward the resolution and CEA's Conflict of Interest Code to San Diego County for review and approval. The Board of Supervisors is required to act upon the Conflict of Interest Code within ninety (90) days after receiving the Code for review. The Board of Supervisors may approve the Code as submitted, make revisions, or return the proposed Code to CEA's Board of Directors for review and resubmission back to the Board of Supervisors for approval. Attachments 1. Resolution No. 19-001 Adopting the Conflict of Interest Code CLEAN 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 2 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.) 3 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 4 DISCLOSURE CATEGORY 1 1 1 1 1 3 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 5 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.) 6 Item 7: Adopt Resolution No. 19-001 -Conflict of Interest Code Jason Haber Clean Energy Alliance Board Meeting November 5, 2019 Item 7: Conflict of Interest Code RECOMMENDED ACTION: That the Board adopt Resolution No. 19-001 Adopting the Conflict of Interest Code pursuant to Government Code Section 87300. 11/14/2019 14 Item 7: Conflict of Interest Code BACKGROUND AND DISCUSSION: -Government Code Section 87300 requires CEA to adopt a Conflict of Interest Code -Applicable to those involved in CEA decision making -applies to designated economic interests in CEA jurisdiction -Designated Positions -Disclosure Categories applicable to Designated Positions -Filing Form 700-Statements of Economic Interest -Updated in succeeding even-numbered years, if necessary 11/14/2019 -Approval by SD County Board of Supervisors (Gov't. Code Sec. 82011(b)) Item 7: Conflict of Interest Code BACKGROUND AND DISCUSSION: -Board of Directors & Alternates (Category 1) -Executive Director (Category 1) -Treasurer I CFO (Category 1) -General Counsel (Category 1) -Consultants & New Positions (Category 3) 15