BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
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Rulemaking on the Commission's Own Motion for the Purpose of Amending the Commission's Conflict of Interest Code. |
FILED PUBLIC UTILITIES COMMISSION JULY 10, 2003 SAN FRANCISCO OFFICE R.03-07-007 |
ORDER INSTITUTING RULEMAKING
This rulemaking is instituted to amend the Commission's Conflict of Interest Code (the "Code"). The Code is set forth in an Appendix to the Commission's Rules of Practice and Procedure, 20 Cal. Adm. Code, chapter 1, Subchapter 2. We are proposing to amend the Code pursuant to the provisions of Government Code Sections 87300-87302 and Section 87306. In general, these provisions (part of the Political Reform Act) require state agencies to adopt, and to update as needed, lists of "designated" employees who must file statements regarding their economic interests, together with disclosure categories that are geared to the nature of each employee's job responsibilities.
The Code was last amended in September 2001. (See Decision ("D.") 01-09-019.) Since the 2001 amendments, the Commission has added new employee positions which need to be reflected in the lists of designated employees. In addition, we propose to revise some of the existing Code's disclosure categories, revise the titles of some of the existing Code's employee positions, and delete titles of positions that have been abolished. All of these changes are needed to reflect current circumstances for the employees affected.
A summary of the proposed changes to the list of designated positions is attached as Appendix I to this Order. The complete Code, as we propose to amend it, is attached as Appendix II to this order (in the list of designated positions, deletions are shown by strikeout, additions shown by underlining; in the general rules and in the disclosure categories, the substantive revisions are shown by underlining, deletions not marked). Copies can also be obtained from Alberto Guerrero, attorney, of the Commission's Legal Division, who can also provide copies of the current Code.
The Fair Political Practices Commission has rules that prescribe the process by which a state agency may amend its Conflict of Interest Code. (See California Code of Regulations, Title 2, Section 18750 et seq.) Among other things, these rules require the agency to make certain findings. Accordingly, we find (subject to comment, as discussed below) that the adoption of the proposed amendments will not impose a cost or savings on any state agency, local agency or school district that is required to be reimbursed under Article 7 (commencing with Section 17500) or Division 4 of the Government Code; will not result in any nondiscriminatory cost or savings to local agencies; will not result in any cost or savings in federal funding to the state; will not impose a mandate on local agencies or school districts; and will not have any potential cost impact on private persons or business including small businesses. We also find (subject to comment) that no alternative approach to that embodied in the proposed amendments would be more effective in carrying out the purposes of the Political Reform Act or would be as effective and less burdensome to the individuals involved.
Anyone interested in doing so is invited to comment on the proposed changes (and thereby become a party) by filing an original and seven copies of written comments with the Docket Office no later than Monday, September 15, 2003. Parties are also requested to mail their comments directly to Administrative Law Judge Janice L. Grau, preferably by e-mail (jlg@cpuc.ca.gov). We will serve this Order on all parties to Rulemaking R.01-06-023; all employees in proposed reporting classifications, and all employee collective bargaining representatives. We are also sending a copy to the Office of Administrative Law and the Fair Political Practices Commission. After receiving comments, we will consider the need for changes to the proposed amendments. We will then send the amendments, as adopted, to the Fair Political Practices Commission for final approval.
This is a quasi-legislative proceeding in which we do not anticipate holding a formal hearing. No later than Monday, September 1, 2003, any interested person or his or her representative may request a public hearing. Such a request should state the reason that a public hearing is considered necessary and must also be filed in writing with the
Docket Office (eight copies, in all).
Finding of Fact
Changes since the last update to the Commission's Conflict of Interest Code require amendments to that code.
Conclusion of law
The Commission should institute a rulemaking in order to adopt appropriate amendments to its Conflict of Interest Code.
IT IS ORDERED that:
1. A rulemaking proceeding is hereby instituted on the Commission's own motion to consider and adopt an amended Conflict of Interest Code.
2. All interested parties, including Commission employees, are invited to submit written comments by filing such comments with the Docket Office no later than Monday, September 15, 2003. Such filings shall conform to the Commission's rules.
3. The Executive Director shall file a notice of the proposed changes with the Office of Administrative Law for publication in the California Regulatory Notice Register at least 60 days before the close of the comment period consistent with Section 18750 of Title 2, Division 6, of the California code of Regulations. He shall also file a copy of the notice (endorsed by the Office of Administrative Law) with the Fair Political Practices Commission at least 45 days before the close of the comment period.
This order is effective today.
Dated July 10, 2003 at San Francisco, California.
MICHAEL R. PEEVEY
President
CARL W. WOOD
LORETTA M. LYNCH
GEOFFREY F. BROWN
SUSAN P. KENNEDY
Commissioners
APPENDIX I
PROPOSED CHANGES TO CONFLICT OF INTEREST CODE PROVISIONS
I. ADDITIONS
Accounting Administrator I (Supervisor)
Assistant Information Systems Analyst
Associate Transportation Rate Expert
Business Service Officer II (Supervisor)
Computer Operator
Information Officer III CEA
Labor Relations Specialist
Personnel Selection Consultant I
Personnel Supervisor I
Printing Trades Supervisor I (General)
Program Technician III
Special Consultant
Telecommunications Systems Analyst I
