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Home My WebLink About14 Ord 1364 Cmte-Cmsn Sec 2.34.010MEETING DATEy'? //-Xal MEETING DATE: PREPARED BY: STAFF REPORT CITY OF PALM DESERT CITY MANAGER'S OFFICE March 11, 2021 ❑C TINUEDTO PASSES TO 2ND READINGQ3'0%4�_' Christopher Gerry, Senior Management Analyst REQUEST: Adopt Ordinance No.1364, amending Palm Desert Municipal Code Section 2.34.010, to restrict relatives of City staff and City Council from serving on any City commission or committee if it could entail reviewing one another's work. Recommendation Waive further reading and pass to second reading Desert Municipal Code Section 2.34.010, to restrict from serving on any City commission or committee if work. Background Ordinance No. 1364, amending Palm relatives of City staff and City Council it could entail reviewing one another's On November 19, 2020, the City Council conceptually approved various recommendations regarding City commissions and committees (advisory boards). Many of these recommendations required further City Council action, including revisions to ordinances, bylaws and other activities. Any approved revision resulting in a change to the bylaws will be presented for City Council consideration at the conclusion of this comprehensive review. Membership The City Council previously approved a recommendation in concept to adopt an appointment policy that limits applicants with real or perceived conflict of interests from consideration on advisory boards. Based upon Councilmember comments at the previous meeting and subsequent review by the Subcommittee, two aspects of this issue emerged. Various advisory boards have a wide -range of responsibilities under their purview. Many advisory boards routinely make recommendations to the City Council, including: Commissions Art in Public Places Parks and Recreation Public Safety Housing Committees Citizens' Sustainability, Cultural Resources Preservation Marketing March 11, 2021 Commissions and Committees Page 2 of 2 Other bodies make decisions, which are only reviewed under defined procedures. These advisory boards include: Commissions Boards Architecture Review Building Boards of Appeals Planning Rent Review The Finance Committee plays a unique role in reviewing the financial standing of all city operations, which are governed by the actions of City Council and City staff. To enable the City Council to assess whether a conflict would cause frequent recusal, applicants of the last group and Finance Committee should complete and submit a draft Form 700 with their application as well. To mitigate the appearance of a conflict based on nepotism, the Subcommittee recommends restricting relatives of City staff and City Council from serving on any advisory board if it could entail reviewing one another's work, according to the definitions, as follows: • "Relative" means and includes mother, father, sister, brother, spouse, domestic partner, daughter, son, mother-in-law, father-in-law, sister-in-law, brother-in-law, daughter-in-law, son-in-law, grandmother, grandfather, granddaughter, grandson, aunt, uncle, first cousin, nieces, and nephews. • "Review" does not mean and include the routine sending of recommendations from city commissions and committees to the city council. This recommendation reinforces the City's commitment to fostering public trust and confidence in government. PobertW. Ha*V#wwey I N/A N/A I Andy Firestine Robert W. Hargreaves Todd Hileman Janet Moore Andy Firestine City Attorney City Manager Director of Finance Assistant City Manag City Manager Todd Hileman: CTTYCOUNC]LAQPnON APPROVED , DENTED L. Todd Ft Lewi.av, Attachments A. Ordinance No. 1364 AYES: n NOES:' imaumn ABSENT: ABSTAIN: VERIFIED BY: Original on File with City Office ORDINANCE NO. 1364 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PALM DESERT MUNICIPAL CODE SECTION 2.34.010, TO RESTRICT RELATIVES OF CITY STAFF AND CITY COUNCIL FROM SERVING ON ANY CITY COMMISSION OR COMMITTEE IF IT COULD ENTAIL REVIEWING ONE ANOTHER’S WORK WHEREAS, the City of Palm Desert has undergone a comprehensive review of its commissions and committees; and WHEREAS, the City Council previously approved a recommendation in concept to adopt an appointment policy that limits applicants with real or perceived conflict of interests from consideration on commissions and committees; and WHEREAS, City staff will incorporate all approved revisions into the bylaws, which will be presented for City Council consideration at the conclusion of the comprehensive review. NOW, THEREFORE, the City Council of the City of Palm Desert, California, does hereby ordain, as follows: That Section 2.34.010 of the Municipal Code of the City of Palm Desert, California, is hereby amended to add subsection “J” as follows: “Terms of appointment—Residency requirement—Unexcused absences—Term length. A. The beginning date for all terms of appointment to any city committee or commission will be July 1 and the ending date will be June 30, with the exception of appointments made to fill unexpired terms of office, or appointments made to fill new positions created during the year, but which will all be ultimately based upon the calendar year thereafter. Following expiration of the term of office, and if requested by city council, each member shall continue to serve until either he or she is reappointed or his or her successor is qualified and appointed. B. All terms of office for city committee and commission members will be four years, unless otherwise specified in the establishing ordinance, resolution, or bylaws therefor. Each member of a committee or commission shall be eligible for reappointment at the discretion of the city council, recognizing, however, that it is the city’s goal to allow as many qualified and willing individuals as possible an opportunity to serve their community. C. Residency within the city limits of Palm Desert shall be a requirement for appointment to a city committee or commission except in cases where the city council deems it appropriate to appoint a nonresident to a board that has need of a specific expertise offered by a nonresident. D. Three unexcused absences from regular meetings in any one year (January 1— December 31) shall constitute an automatic resignation of members holding office on boards that meet monthly. ORDINANCE NO. 1364 E. Six unexcused absences from regular meetings in any one year (January 1— December 31) shall constitute an automatic resignation of members holding office on boards that meet twice monthly. F. Two unexcused absences from regular meetings in any one year (January 1— December 31) shall constitute an automatic resignation of members holding office on boards that meet bimonthly. G. One unexcused absence from regular meetings in any one year (January 1— December 31) shall constitute an automatic resignation of members holding office on boards that meet quarterly. H. Upon written request by a member, the mayor may excuse an otherwise unexcused absence. I. Any or all members of any city committee or commission may be removed at any time, with or without cause, by a vote of the city council. (Ord. 1334 § 2, 2018; Ord. 1017 § 2, 2003; Ord. 899, 1999) J. A relative of city staff or city council shall not serve on any city commission or committee if it could entail reviewing one another’s work. 1. “Relative” includes mother, father, sister, brother, spouse, domestic partner, daughter, son, mother-in-law, father-in-law, sister-in-law, brother-in-law, daughter- in-law, son-in-law, grandmother, grandfather, granddaughter, grandson, aunt, uncle, first cousin, nieces, and nephews. 2. “Review” does not mean and include the routine sending of recommendations from city commissions and committees to the city council.” PASSED AND APPROVED, by the City Council of Palm Desert, California, at its Regular meeting held on the 11th day of March, 2021, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Kathleen Kelly, Mayor ATTEST: Grace L. Rocha, Acting City Clerk City of Palm Desert, California