HomeMy WebLinkAbout2020-11-19; Clean Energy Alliance JPA; ; Resolution 2020-006 Amending Conflict of Interest Code Adding Community Advisory Committee Members and Clarifying the Disclosure CategoriesClean Energy Alliance
JOINT POWERS AUTHORITY
Staff Report
DATE: November 19, 2020
TO: Clean Energy Alliance Board of Directors
FROM: Gregory Stepanicich, General Counsel
ITEM 3: Resolution 2020-006 Amending Conflict of Interest Code Adding Community Advisory
Committee Members and Clarifying the Disclosure Categories
RECOMMENDATION:
Adopt Resolution 2020-006 amending Conflict of Interest Code adding Community Advisory Committee
Members and clarifying the disclosure categories.
BACKGROUND AND DISCUSSION:
California Government Code Section 87300 requires 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 the Alliance decision making. At its regular meeting November 5, 2019, the CEA
Board adopted its Code. The Code applies to the designated economic interests that exist within the
jurisdiction of the Alliance and not just the jurisdiction of the Member Agencies. The proposed
amendment adds the Community Advisory Committee Members and clarifies the disclosure categories.
Government Code Section 82011(b) requires the San Diego County Board of Supervisors to be the code
reviewing body for the CEA's Code. If the Board adopts the Code amendment, staff will forward the
resolution and the 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 the CEA's Board for review and resubmission back to the
Board of Supervisors for approval.
FISCAL IMPACT
There is no fiscal impact by this action.
ATTACHMENTS:
Resolution 2020-006
DocuSign Envelope ID: 63F4452A-2497-4F29-AEA4-7B10D3C3627C
CLEAN ENERGY ALLIANCE
RESOLUTION NO. 2020-006
A RESOLUTION OF THE CLEAN ENERGY ALLIANCE BOARD OF DIRECTORS
AMENDING THE CONFLICT OF INTEREST CODE TO ADD MEMBERS OF THE COMMUNITY
ADVISORY COMMITTEE AND CLARIFYING THE DISCLOSURE CATEGORIES
WHEREAS, Government Code Section 87300 requires state and local government
agencies to adopt 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
WHEREAS, the Clean Energy Alliance ("CEA") is a joint powers authority subject to
Government Code Section 87300 code-filing requirement; and
WHEREAS, on November 5, 2019, the Board of Directors of the CEA ("Board") adopted a
Conflict of Interest of Code by Resolution No. 2019-001 in accordance with the requirements of
state law, and this Conflict of Interest Code was subsequently approved by the San Diego
County Board of Supervisors as its code reviewing body; and
WHEREAS, the Board desires to amend the Conflict of Interest Code in order to add the
members of the newly established Community Advisory Committee and to clarify the scope of
the disclosure categories for all designated positions.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Clean Energy
Alliance, as follows:
Section 1. The Board hereby rescinds Resolution No. 2019-001 and adopts an amended
Conflict of Interest Code, a copy of which is attached hereto as Exhibit A, and shall be on file
with the Secretary of CEA, and available to the public for inspection and copying during regular
business hours.
Section 2. The amended Conflict of Interest Code shall be submitted to the Board of
Supervisors of San Diego County for approval and said Code shall become effective 30 days
after the Board of Supervisors approves the proposed amended Conflict of Interest Code as
submitted.
Section 3. 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.
1
—23A7871371024 r
DocuSigned by:
stwta, (*at
DocuSign Envelope ID: 63E4452A-2497-4F29-AEA4-7810D3C3627C
The foregoing Resolution was passed and adopted this 19th day of November 2020, by
the following vote:
AYES: BOARD MEMBERS SCHUMACHER, BECKER, HAVILAND
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
APPROVED:
r---DocuSIgned by:
Wt,RAVAAAA.4,
1 ;062 VIP lApg
E. Haviland, Chairperson
ATTEST:
Sheila Cobian, Secretary
2
DocuSign Envelope ID: 63F4452A-2497-4F29-AEA4-7610D3C3627C
EXHIBIT A
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 Appendix designating positions and
establishing disclosure categories, shall constitute the Conflict of Interest Code of the Clean
Energy Alliance ("CEA").
All Officials and Designated Positions required to submit a statement of economic interests
shall file their statements with the Secretary, as CEA's Filing Officer. CEA'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
DocuSign Envelope ID: 63F4452A-2497-4F29-AEA4-7B10D3C3627C
APPENDIX
CONFLICT OF INTEREST CODE of the
Clean Energy Alliance
Amended on November 19, 2020
PART A
DESIGNATED POSITIONS
GOVERNED BY THE CONFLICT OF INTEREST CODE
DESIGNATED POSITIONS DISCLOSURE CATEGORY
Board of Directors 1, 2, 3,
Board of Directors (Alternates) 1, 2, 3,
Chief Executive Officer 1, 2, 3,
Treasurer 1, 2, 3,
General Counsel 1, 2, 3,
Members of Community Advisory Committee 1, 2, 3
Consultants and New Positionsl 4
I Individuals providing services as a Consultant defined in Regulation 187300.3(a)(2), or in a new position created
since this Code was last approved that makes or participates in making decisions 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 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.)
4
DocuSign Envelope ID: 63F4452A-2497-4F29-AEA4-7B10D3C3627C
CLEAN ENERGY ALLIANCE
CONFLICT OF INTEREST CODE
PART B
DISCLOSURE CATEGORIES
Officials and designated positions must report financial interests in accordance with the
assigned disclosure categories.
CATEGORY 1:
Persons in this category shall disclose all interests in real property within the jurisdiction of CEA.
Real property shall be deemed to be within the jurisdiction if the property or any part of it is
located within or not more than two miles outside the boundaries of the jurisdiction or within
two miles of any land owned or used by CEA.
Persons are 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 all income (including gifts, loans and travel payments)
from sources that contract with CEA, or that provide, plan to provide, or have provided during
the previous two years, facilities, goods, commodities, technology, equipment, vehicles,
machinery, or services, including training or consulting services of the type utilized by CEA.
CATEGORY 3:
Persons in this category shall disclose all business positions and investments in business entities
that contract with CEA or that provide, plan to provide, or have provided during the previous
two years, facilities, goods, commodities, technology, equipment, vehicles, machinery, or
services, including training or consulting services of the type utilized by CEA.
CATEGORY 4:
Individuals who perform under contract the duties of any designated position shall be required
to file Statements of Economic Interests disclosing reportable interests in the categories
assigned to that designated position.
5
DocuSign Envelope ID: 63F4452A-2497-4F29-AEA4-7B10D3C3627C
In addition, individuals who, under contract, participate in decisions which affect financial
interests by providing information, advice, recommendation or counsel to CEA which could
affect their financial interests shall be required to file Statements of Economic Interests, unless
they fall within the Political Reform Act's exceptions to the definition of consultant. The level of
disclosure shall be determined by the Chief Executive Officer or his or her designee. (See
footnote in Part A for clarification.)
6