Decision 01-09-019 September 6, 2001
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
Rulemaking on the Commission's Own Motion for the Purpose of Amending the Commission's Conflict of Interest Code. |
Rulemaking 01-06-023 (Filed June 14, 2001) |
TO CONFLICT OF INTEREST CODE
Today we adopt amendments to our Conflict of Interest Code. The code, as amended, is attached to this decision. The code will now be submitted to the Fair Political Practices Commission for its approval.
The adopted amendments are those proposed in our order instituting this rulemaking. We sent that proposal to the Office of Administrative Law, and it was duly published on June 29, 2001, in the California Regulatory Notice Register. Briefly, the amendments are needed to reflect current circumstances, as those circumstances have changed since 1998, when we last amended the code. The amendments are of two basic types. First, certain categories of employees had to be added to or deleted from the lists of designated and nondesignated ("exempt") employees. Second, some categories had to be changed because the classification had been retitled or expanded by inclusion of additional grades.
The adopted amendments were widely circulated to those employees affected by the changes and to the employee collective bargaining representatives. The amendments proved noncontroversial. We have received no comments and no requests for hearing. We are satisfied that the amendments are well suited to their purpose and should be adopted as proposed.
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, § 18750 et seq.) Among other things, these rules require the agency to make certain findings, which we set forth in our order instituting this rulemaking. As with the amendments, the proposed findings proved noncontroversial. Accordingly, we find that the adoption of the amendments (1) will not impose a cost or savings on any state agency, local agency or school district that is required to be reimbursed under Part 7 (commencing with § 17500) of Division 4 of the Government Code; (2) will not result in any nondiscretionary cost or savings to local agencies; (3) will not result in any cost or savings in federal funding to the state; (4) will not impose a mandate on local agencies or school districts; and (5) will not have any potential cost impact on private persons or businesses including small businesses. We also find that no alternative approach to that embodied in the 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.
Pursuant to Public Utilities Code Section 311(g)(3) and Rule 77.7(f)(8) of the Rules of Practice and Procedure, public review and comment regarding today's decision is being waived.
1. The amended Conflict of Interest Code attached to this decision appropriately updates and corrects the Commission's Conflict of Interest Code as last amended in 1998.
2. Adoption of the amendments will not have any of the undesirable consequences set forth in the foregoing opinion.
3. No alternative approach would be more effective in carrying out our responsibilities or would be as effective and less burdensome to the individuals involved.
1. The amended Conflict of Interest Code attached to this decision should be adopted and forwarded to the Fair Political Practices Commission for its approval.
2. As the amendments in today's order have already been subject to public review and comment pursuant to the Administrative Procedure Act, further public review and comment should be waived, as provided by Public Utilities Code Section 311(g)(3) and Rule 77.7(f)(8) of the Commission's Rules of Practice and Procedure.
3. To ensure prompt implementation of these amendments, this order should be effectively immediately.
IT IS ORDERED that:
1. Public review and comment regarding this decision is waived, and the amended Conflict of Interest Code attached to this decision is adopted.
2. The Executive Director shall forward this decision and attached code to the Fair Political Practices Commission.
3. Rulemaking 01-06-023 is closed.
This order is effective today.
Dated September 6, 2001, at San Francisco, California.
LORETTA M. LYNCH
President
HENRY M. DUQUE
RICHARD A. BILAS
CARL W. WOOD
GEOFFREY F. BROWN
Commissioners
CONFLICT OF INTEREST CODE
As Adopted by the California Public Utilities Commission
(20 California Code of Regulations, Division 1, Chapter 2)
The Political Reform Act, Government Code Sections 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 Section 18730, which contains the terms of a standard Conflict of Interest Code, which can be incorporated by reference, and which may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and hearings. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission, along with the following list in which officials and employees are designated and disclosure categories are set forth, are hereby incorporated by reference and constitute the Conflict of Interest Code of the Public Utilities Commission.
1. Positions and Applicable Disclosure Categories
1.1. Designated Employees
Designated employees shall file statements of economic interests with the agency.
The following are "designated employees" and the applicable disclosure categories:
Designated Employees Applicable Disclosure Categories
Administrative Assistant I 2, 3
Administrative Assistant II 2, 3
Administrative Law Judge I 15
Administrative Law Judge II 15
Assistant Chief ALJ 2, 3, 15
Assistant Chief PU Counsel 2, 3, 15
Assistant Engineer Specialist (Utilities) 15
Assistant Utilities Engineer 15
Associate Budget Analyst 2, 3
Associate Governmental Program Analyst 2, 3, 15
Associate Info Systems Analyst (Spec) 3
Associate Info Systems Analyst (Supv) 3
Associate Management Analyst 2, 3
Associate Personnel Analyst 2, 3
Associate Programmer Analyst (Specialist & Supv) 3
Associate Transportation Representative 15
Associate Utilities Engineer 15
Business Services Officer I (Supv) 2, 3
CEA Level 1 2, 3, 15
CEA Level 2 2, 3, 15
CEA Level 3 2, 3, 15
CEA Level 4 2, 3, 15
Chief Administrative Law Judge 1
Chief Hearing Reporter 2, 3
Computer Operator C 3
Consumer Affairs Representative 15
Consumer Affairs Services Manager 15
Consumer Affairs Services Supervisor 15
Data Processing Manager I 3
Data Processing Manager II 3
Data Processing Manager III 3
Director of Strategic Planning 1
Graduate Legal Assistant 15
Information Officer I (Specialist) 15
Information Officer I (Supervisor) 15
Information Officer II 15
Information Systems Technician C 3
Information Systems Technician Supv I 3
Information Systems Technician Supv II 3Junior Utilities Engineer 15
Legal Counsel A 15
Legal Counsel B 15
Legislative Analyst 15
Management Services Technician B 2, 3
Personnel Services Specialist I B 2, 3
Personnel Services Specialist II 2, 3
Principal PU Financial Examiner 15
Principal Transportation Division 2, 3, 15
Program and Project Supervisor 2, 3, 15
Program Manager 2, 3, 15
Public Advisor 1
Public Utilities Counsel I, PUC 15
Public Utilities Counsel II, PUC 15
Public Utilities Counsel III, PUC 15
Public Utilities Counsel IV, PUC 15
Public Utilities Regulatory Analyst I A 15
Public Utilities Regulatory Analyst I B 15
Public Utilities Regulatory Analyst I C 15
Public Utilities Regulatory Analyst II 15
Public Utilities Regulatory Analyst III 15
Public Utilities Regulatory Analyst IV 15
Public Utilities Regulatory Analyst V 15
Public Utilities Financial Examiner II 15
Public Utilities Financial Examiner III 15
Public Utilities Financial Examiner IV 15Senior Electrical Engineer 15
Senior Information Systems Analyst (Supv) 3
Senior Programmer Analyst (Supv) 3
Senior Rapid Trans. Comp. Control Syst. Spec 11, 12Senior Reliability and Quality Engineer 11, 12
Senior Transportation Engineer 11, 12
Senior Transportation Operations Supervisor 11, 12
Senior Transportation Rate Expert 11, 12
Senior Transportation Representative 11, 12
Senior Utilities Engineer (Specialist) 15
Senior Utilities Engineer (Supervisor) 15
Staff Information Systems Analyst (Specialist) 3
Staff Information Systems Analyst (Supervisor) 3
Staff Programmer Analyst (Supervisor) & (Specialist) 3
Staff Services Analyst (General) A, B, C 2, 3
Staff Services Manager I 2, 3
Staff Services Manager II (Managerial) 2, 3
Staff Services Manager II (Supervisory) 2, 3
Staff Services Manager III 2, 3
Supervising Transportation Engineer 11, 12
Supervising Transportation Rate Expert 11, 12
Supervising Transportation Representative 11, 12
Supervisor Operations & Safety Section, PUC 11, 12
Transportation Analyst B, C 15
Utilities Engineer 15
1.2. Exempt Positions
Legal Advisor I, II 1
Technical Advisor, PUC 1
Executive Director, PUC 1
Executive Coord for Media & Public Relations 15
General Counsel, PUC 1
Legislative Liaison Director, PUC 2, 3, 15
Special Representative of the PUC 1
Affirmative Action Officer, PUC 2, 3, 15
Director of Office of Ratepayer Advocates 1
1.3. Other
Commission Consultants 16
