CONFLICT OF INTEREST CODE FOR
Ava Community Energy Authority
1 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 California Code of Regulations §18730) that contains the terms of a standard conflict of interest code, which can be incorporated by reference in an agency’s code. After public notice and hearing, the standard code 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 §18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendices, designating positions and establishing disclosure categories, shall constitute the conflict of interest code of the Ava Community Energy Authority (Authority).
Members and Alternates of the Board of Directors must file their statements of economic interests electronically with the Fair Political Practices Commission. All other individuals holding designated positions must file their statements with the Authority. All statements must be made available for public inspection and reproduction under Government Code Section 81008.
CONFLICT OF INTEREST CODE FOR
Ava Community Energy Authority
2 APPENDIX A
Designated Positions
DESIGNATED POSITIONS DISCLOSURE CATEGORIES
Chief Executive Officer 1, 2, 3, 4
General Counsel 1, 2, 3, 4
Clerk of the Board 2, 3, 4
Chief Customer Officer 1, 2, 3, 4
Vice President of Local Development, Electrification, and Innovation 1, 2, 3, 4 Senior Vice President of Power Resources 1, 2, 3, 4
Senior Director of Public Policy and Deputy General Counsel 1, 2, 3, 4 Legal Director 1, 2, 3, 4
Vice President of Human Resources 1, 2, 3, 4
Consultants/New Positions *
*Consultants and new positions shall be included in the list of designated positions and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation:
The Chief Executive Officer 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, is not required to comply fully with the disclosure requirements described 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’s determination is a public record and shall be retained for public inspection in the same manner and location of this conflict of interest code (Gov. Code Sec. 81008).
The following positions are not covered by the code because the positions manage public investments. Individuals holding such positions must file under Government Code Section 87200 and are listed for informational purposes only. Section 87200 requires disclosure of all investments and business positions in business entities, all income, including gifts, loans and travel payments, and real property.
• Members and Alternates of the Board of Directors
• Chief Financial Officer/Treasurer
APPENDIX B
Disclosure Categories
Designated positions must report financial interests in accordance with the assigned disclosure categories.
Category 1: Interests in real property located within the jurisdiction or within two miles of the boundaries of the jurisdiction or within two miles of any land owned or used by the Authority, including any leasehold, beneficial or ownership interest or option to acquire such interest in real property.
Category 2: Investments and business positions in business entities, and sources of income, including the receipt of gifts, loans, and travel payments, from entities that provide services (including, but not limited to, consulting services), supplies, materials, machinery, or equipment of the type utilized by the Authority.
Category 3: Investments and business positions in business entities, and sources of income, including the receipt of gifts, loans, and travel payments, from entities that are public or private electric utility companies or other companies which supply power to the Authority.
Category 4: Investments and business positions in business entities, and sources of income, including the receipt of gifts, loans, and travel payments, from entities that design, build, manufacture, sell, distribute or service equipment of the type that is either presently utilized by electric power suppliers or that is used by the federal, state, or local government or by private industry in research designed to refine or develop new methods of electrical power generation.