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HomeMy WebLinkAboutReview of Conflict of Interest CodeX 1� STAFF REPORT CITY OF PALM DESERT CITY CLERK DEPARTMENT MEETING DATE: June 11, 2020 PREPARED BY: Grace L. Rocha, Acting City Clerk REQUEST: AUTHORIZATION TO REVIEW THE CITY'S CONFLICT OF INTEREST CODE, AS REQUIRED BY THE POLITICAL REFORM ACT OF 1974. Recommendation By Minute motion, authorize staff to make a formal review of the City's Conflict of Interest Code, pursuant to the Political Reform Act, and if necessary at the appropriate time thereafter, prepare a resolution to be adopted by the City Council to effect the required amendments. Strateqic Plan None — represents routine conduct of municipal affairs. Background Analvsis Attached is a copy of an e-mail from the City Attorney's Office, advising it is once again time for a mandatory biennial review of the City's Conflict of Interest (COI) Code. The last review was performed in 2018, and at its November 15, 2018, meeting, City Council adopted Resolution No. 2018-83 to enact the most recent update, including Appendix Lists of Designated Positions (copy attached). • Government Code Section 87306.5(a) requires that no later than July 1 of each even -numbered year, each local agency's Code Reviewing Body (City Council) shall direct that a review be made of its COI Code. If it is found that changed circumstances make it necessary to make amendments to the Code, an amended COI Code shall be then submitted to the Code Reviewing Body. • Government Code Section 87306.5(b) states that if no change in the Code is required, the local agency head (City Manager) shall submit a written statement to that effect to the Code Reviewing Body no later than October 1 of the same year. Staff believes there are circumstances that will require the COI Code to be amended (i.e., Titles of Designated Positions). Your approval of the recommendation is, therefore, requested and required in order for the review to occur. The amended Code will be presented to the City Council for adoption later this year at either the City Council's November or December meetings. June 11, 2020 - Staff Report Authorization to Review Conflict of Interest Code Page 2 of 2 Fiscal Analvsis Analysis of designated positions and recommendations for additions or deletions will be performed by staff and the City Attorney's Office, which will prepare necessary documents for adoption of an amended Conflict of Interest Code/Resolution at year-end. Work by the City Attorney's Office is covered through the current agreement with the City. Therefore, specific action to authorize this review does not have a fiscal impact on the City. LEGAL REVIEW .TW5 DEPT. REVIEW Robert W. Hargreaves Grace L. Rocha City Attorney Acting City Clerk City Manager Lauri Aylaian: 29 FINANCIAL REVIEW N/A Janet M. Moore Director of Finance ASSISTANT CITY MANAGER A ndy Fi re4 ,Le/ Andy Firestine Assistant City Manager ATTACHMENTS: 1. E-mail from BB&K's Office 2. Fair Political Practices Commission Information 3. Current Conflict of Interest Code (Res. No. 2018-83) Rachelle Klassen City Clerk Palm Desert, City of 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 Subject: 2020 Biennial Notice for Conflict of Interest Codes - Cities This is a reminder that 2020 is a mandatory review year for all local public agencies to review their Conflict of Interest Codes, file Biennial Notices with their code -reviewing bodies, and update their Conflict of Interest Codes, if necessary. As the City's code -reviewing body, on or before July 1, 2020, your City Council must notify your City Manager of this and direct the review of the City's Code. It is suggested that you place this item on your agenda as soon as convenient, but in no event later than July 1, 2020. You will then have until October 1 to complete your review and have the City Manager file the Biennial Notice with the City Clerk's office reflecting the results of the review. If you find that the City's Code needs to be amended, you will have 90 days after the date of filing the Biennial Notice to complete the amendment and submit it to the City Council for approval. (Gov. Code § 87306.5) The Code must be reviewed and documents submitted as follows: * No later than October 1, 2020, the Biennial Notice must be submitted to the City Clerk with the results of the review, whether or not amendments to your Code are necessary. * If amendments to the Code are necessary, submit the amended Code documents to the City Council by December 30, 2020. A Biennial Notice must be filed regardless of how recently your City's Code has been amended. An amended code is not effective until it has been approved by the City Council. This spring, we will begin assisting clients with this Code amendment process. If you need assistance with reviewing and amending your Code, it is important that you contact me as soon as possible at the number below so we can work on obtaining the required information and documents. We may not be able to guarantee timely processing of Code amendments if documents are received after September 1, 2020. Sincerely, Cathy Tisnado, Paralegal Public Policy & Ethics Compliance (951)826-8214 2 FAIR POLITICAL PRACTICES COMMISSION 2020 Conflict of Interest Code Biennial Notice Instructions for Local Agencies The Political Reform Act requires every local government agency to review its conflict of interest code biennially. A conflict of interest code tells public officials, governmental employees, and consultants what financial interests they must disclose on their Statement of Economic Interests (Form 700). By July 1, 2020: The code reviewing body must notify agencies and special districts within its jurisdiction to review their conflict of interest codes. By October 1, 2020: The biennial notice must be filed with the agency's code reviewing body. The FPPC has prepared a 2020 Local Agency Biennial Notice form for local agencies to complete or send to agencies within its jurisdiction to complete before submitting to the code reviewing body. The City Counpil is the code reviewing body for city agencies. The lCounty Board of Supervisors is the cdde reviewing body for county agencies and any othbr local government agency whose jurisdiction is determined to be solely within the county (e.g., school districts, including certain charter schools). The FPPC is the code reviewing body for any agency with jurisdiction in more than one county and will contact them. The Local Agency Biennial Notice is not forwarded to the FPPC. If amendments to an agency's conflict of interest code are necessary, the amended code must be forwarded to the code reviewing body for approval within 90 days. An agency's amended code is not effective until it has been approved by the code reviewing body. If you answer yes, to any of the questions below, your agency's code probably needs to be amended. • is the current code more than five years old? • Have there been any substantial changes to the agency's organizational structure since the last code was approved? • Have any positions been eliminated or re -named since the last code was approved? • Have any new positions been added since the last code was approved? • Have there been any substantial changes in duties or responsibilities for any positions since the last code was approved? If you have any questions or are still not sure if you should amend your agency's conflict of interest code, please contact the FPPC. Additional information including an online webinar regarding how to amend a conflict of interest code is available on FPPC's website. advise i pc.� 1.866.275.3772 or 916.322.5660 www.(AAC.Co.aoy FPPC + 076.04.2020 • Page 1 of 1 2020 Local Agency Biennial Notice Name of Agency: Mailing Address: Contact Person- Phone No Email: Alternate Email: Accurate disclosure Is essential to monitor whether officials have conflicts of Interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency's code includes disclosure by those agency officials who make or participate in making governmental decisions. This agency has reviewed its conflict of interest code and has determined that (check one BO)): © An amendment is required. The following amendments are necessary: (Check afl that apply.) ❑ Include new positions ❑ Revise disclosure categories ❑ Revise the titles of existing positions ❑ Delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions ❑ Other (describe) 0 The code is currently under review by the code reviewing body. 0 No amendment is required. (If your code is over five years old, amendments may be necessary.) Verification (to be completed if no amendment Is required) This agency's code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure assigned to those positions accurately requires that all Investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by those holding designated positions are reported. The code includes all other provisions required by Govemment Code Section 87302. Signature of Chief Executive Officer Date All agencies must complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 1, 2020, or by the date specified by your agency, if earlier, to: (PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE) PLEASE DO NOT RETURN THIS FORM TO THE FPPC. www.faoc.ca.00v FPPC Advice: advicefi fooc.camov (866.275.3772) Page 1 of 1 RESOLUTION NO.2018 - 83 r. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AND ADOPTING AN AMENDED CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974 WHEREAS, the State of California enacted the Political Reform Act of 1974, Government Code Section 81000, et seq. (the "Act"), which contains provisions relating to conflicts of interest which potentially affect all officers, employees and consultants of the City of Palm Desert (the "City"), and which requires all public agencies to adopt and promulgate a conflict of interest code; and WHEREAS, the City Council adopted a Conflict of Interest Code (the "Code") which was amended on December 8, 2016, in compliance with Government Code section 81000, et seq.; and WHEREAS, subsequent changed circumstances within the City have made it advisable and necessary pursuant to Sections 87306 and 87307 of the Act to amend and update the City's Code; and WHEREAS, the potential penalties for violation of the provisions of the Act are substantial and may include criminal and civil liability, as well as equitable relief which could result in the City being restrained or prevented from acting in cases where the provisions of the Act may have been violated; and WHEREAS, notice of the time and place of a public meeting on, and of consideration by the City Council of, the proposed amended Code was provided to each affected designated employee and was publicly posted for review; and WHEREAS, a public meeting was held upon the proposed amended Code at a regular meeting of the City Council on November 15, 2018, at which all present were given an opportunity to be heard on the proposed amended Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, as follows: 1. The City Council does hereby approve and adopt the proposed amended Conflict of Interest Code, a copy of which is attached hereto and shall be on file with the City Clerk, and available to the public for inspection and copying, during regular business hours. 2. The amended Conflict of Interest Code shall become effective immediately upon the date of its adoption and approval. RESOLUTION NO.2018 -83 PASSED, APPROVED and ADOPTED by the City Council of the City of Palm3 Desert, California at its regular meeting held on the 13�' day of November, 2418, by the following vote, to wit: AYES: HARNIK, KELLY, NESTANDE, WEBER, and JONATHAN NOES NONE ABSENT: NONE ABSTAIN: NONE SABBY JOiCh HAN, MAYOR ATTEST: L jh RAC ELLS D. KLASSEN, CITY CLERK _11 CITY OF PALM DESERT, CALIFORNIA -2- 72500.OQo01131591013 1 RESOLUTION NO. 2018 - 83 0- CERTIFICATION err I, Rachelle D. Klassen, City Clerk of the City of Palm Desert do hereby certify that the foregoing Resolution No. 2018 -83 was duly and regularly adopted by the City Council at a regular meeting thereof, held on the 151h day of November, 2018, and that the foregoing is a full, true and correct copy of said Resolution. Rach Ile D. Klassen, City Clerk City of Palm Desert, California -3- 72300.0000 W 1391013 1 RESOLUTION NO.20'18-83 [This page has intentionally been left blank.] n r bw OMM imm LAW OFFICES OF BEST BEST & KRIErrER LLP RESOLUTION NO.2018 - 83 CONFLICT OF INTEREST CODE OF THE CITY OF PALM DESERT 72500 00001131590724 2 BBK--November 2018 LAW OFFICE5 OF REST arsr & KRI6 ER UP RESOLUTION NO. 2018 - 83 CONFLICT OF INTEREST CODE J OF THE CITY OF PALM DESERT (Amended November 15, 2018) The Political Reform Act (Gov. Code Section 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 of Regs. § 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 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 City of Palm Desert (the "City"). All officials and designated positions required to submit a statement of economic interests shall file their statements with the City Clerk as the City's Filing Officer. The City Clerk shall make and retain a copy of all statements filed by the Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney and the City Treasurer, and forward the originals of such statements to the Fair Political Practices Commission. The City Clerk shall retain the original statements fled by all other officials and designated positions and will make all retained statements available for public inspection and reproduction during regular business hours. (Gov. Code § 81008.) - I - BBK -- November 2018 72500.000Ot�31590724.2 r bw LAW OFFICES OF BEST BEST & KRIEGER UP APPENDIX RESOLUTION NO. 2018 - 83 CONFLICT OF INTEREST CODE OF THE CITY OF PALM DESERT (Amended November 15, 2018) PART "A" The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney, the City Treasurer, and all Other City Officials who manage public investments as defined by 2 Cal. Code of Regs. § 18700.3(b), are NOT subject to the City's Code but must file disclosure statements under Government Code section 87200 et seq. (Regs. § 18730(b)(3)J OFFICIALS WHO MANAGE PUBLIC INVESTMENTS It has been determined that the positions listed below are Other City Officials who manage public investment.' These positions are listed here for informational purposes only. Audit, Investment and Finance Committee Deputy City Treasurer Financial Consultants Individuals holding one of the above -listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by § 87200. APP. A-1 BBK — November 2018 72500.00001 Q 1590724 2 LAW OFFICES OF BEST 5EST & KRIEGER UP RESOLUTION NO. 2018 -83 DESIGNATED POSITIONS GOVERNED BY THE CONFLICT OF INTEREST CODE DESIGNATED POSITIONS' DISCLOSURE CATEGORIES TITLE OR FUNCTION ASSIGNED Administrative Fire Captain (Fire Marshal) 2, 3, 5 Assistant City Manager 1,2 Assistant Engineer 2, 3, 5, 6 Assistant Finance Director 2, 3, 5 Assistant Planner 2, 3, 5, 6 Associate Engineer 2, 3, 5, 6 Associate Planner 2.3.5.6 Battalion Chief 5.6 Building and Safety Director 2, 3, 5, 6 Building Inspector (ALL) 2, 3, 5, 6 City Attorney (not filing under Gov Code 87200) 1,2 City Cleric 5 City Engineer 2, 3, 5, 6 Code Compliance Officer (ALL) 2, 3, 5, 6 Code Compliance Supervisor 2, 3, 5, 6 Deputy Building Official 2, 3, 5, 6 Deputy City Clerk 5 Director of Administrative Services 1.2 Director of Community Development 1,2 3 72500.00g01131590T24 2 APP. A-2 BBK- November 2018 LAW OFFICES of RESOLUTION NO.2018 - 83 4EST 4EST & KRW4ER LLP r NO DESIGNATED POSITIONS' DISCLOSURE CATEGORIES TITLE OR FUNCTION. i ASSIGNED Director of Economic Development 1,2 Director of Housing 1.2 Director of Human Resources 5 Director of Public Works 1,2 Emergency Services Coordinator 5 Engineering Assistant 5,6 Engineering Manager 2, 3, 5, 6 Engineering Technician (ALL) 2, 3, 5, 6 Engineer, Senior 2, 3, 5, 6 Facilities Manager 5 Financial Analyst, Sr. 4 Fire Chief 2, 3, 5, 6 GIS Administrator 5 Horticulturist 3, 5 Information Systems Administrator 5 Information Systems Manager 5 Landscape Specialist 3.5 Landscape Supervisor 3,5 .-� Management Analyst (ALL) 5 bow Management Specialist II 5,6 APP. A-3 BBK — November 2018 72500 00001 Q 1590724 2 LAW OFFICZ5 OF RESOLUTION NO.2018 - 83 13EST BEST & KRIE4ER LLP DESIGNATED POSITIONS' DISCLOSURE CATEGORIES TITLE OR FUNCTION ASSIGNED Marketing and Tourism Manager 5 Plans Examiner (ALL) 2, 3, 5, 6 Police Captain 5,6 Police Chief 5.6 Police Lieutenant 5,6 Principal Planner 2, 3, 5, 6 Project Coordinator 2, 3, 5 Project Manager 2, 3, 5 Public Works Inspector (ALL) 2, 3, 5, 6 Risk Manager 5 Streets Maintenance Supervisor 5 Supervising Plans Examiner 2, 3, 5, 6 Traffic Signal Specialist 5 Traffic Signal Technician (ALL) 5 72500 aooaMi59a7z4 2 APP. A-4 BBK - November 2018 01 �.l Pon law LAW OFFICES OF r3EST HEST & KRIECER LLP DESIGNATED POSITIONS' TITLE OR FUNCTION MEMBERS OF BOARDS. COMMITTEES & COMMISSIONS Architectural Review Commission Art in Public Places Commission Building Board of Appeals and Condemnation Citizens' Sustainability Committee Cultural Resources Preservation Committee El Paseo Business Association Hotel and Signature Events Committee Housing Commission PM Marketing Committee tr Parks & Recreation Commission Project Area Committee Public Safety Commission Rent Review Commission University Planning and Development Committee Consultants and New Positions 2 RESOLUTION NO.2018 - 83 DISCLOSURE CATEGORIES ASSIGNED 1,2 2,5 1,2 1,2 1,2 1,2 1,2 1,2 1,2 1,2 1.2 1,2 1.2 1,2 2 Individuals serving as a consultant as defined in FPPC Reg 18700.3(a) or in a new position created since this Code was last approved that makes or participates in making decisions must file under the broadest disclosure category set forth in this Code subject to the following limitation: The City Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to assign a limited disclosure requirement. A clear explanation of the duties and 01- a statement of the extent of the disclosure requirements must be in a written document (Gov. Code Sec. 82019; FPPC Regulations 18219 and 18734.). The City Manager'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 Sec. 81008.) APP. A-5 BBK — November 2018 72500.0000M1590724 2 LAW OFFICES OF RESOLUTION NO.2018 -83 BEST BEST & KRIEGER LLP PART "B" DISCLOSURE CATEGORIES The disclosure categories listed below identify the types of economic interests that the designated position must disclose for each disclosure category to which he or she is assigned.3 "Investment" means financial interest in any business entity (including a consulting business or other independent contracting business) and are reportable if they are either located in or doing business in the jurisdiction, are planning to do business in the jurisdiction, or have done business during the previous two years in the jurisdiction of the City. Cateaory 1: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that are located in, do business in, or own real property within the jurisdiction of the City. Cateaory 2: All interests in real property which is located in whole or in part within, or not more than two (2) miles outside, the jurisdiction of the City. Cateaory 3: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that are engaged in land development, construction or the acquisition or sale of real property within the jurisdiction of the City. Cateaory 4: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the City. Cateaory 5: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the designated position's department, unit or division. Cateaory 6- All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, from, business entities subject to the regulatory, permit, or licensing authority of the designated position's department, unit or division_ This Conflict of Interest Code does not require the reporting of gifts from outside this agency's jurisdiction if the source does not have some connection with or beating upon the functions or duties of the position. (Reg. 18730.1) APP, B-i BBK — November 2018 72500.00001 W 590724.2