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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 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