HomeMy WebLinkAboutRes 2020-78 Conflict of InterestSTAFF REPORT
CITY OF PALM DESERT
CITY CLERK DEPARTMENT
MEETING DATE: November 19, 2020
PREPARED'BY: Grace L. Rocha, Acting City Clerk
Dianna Marie Valdez, COI & Ethics Coordinator
with Best, Best & Krieger
REQUEST: Resolution Approving and Adopting an Amended Conflict of Interest
Code (COI) Pursuant to the Political Reform Act of 1974
RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 2020-78, approving and
adopting the amended Conflict of Interest Code pursuant to the Political Reform Act of
1974.
SUMMARY
Pursuant to the Political Reform Act (the "Act"), the City Council authorized staff to: (1)
conduct a review of the City's Conflict of Interest Code ("Code") to determine if a change
in the Code was necessary; (2) file a biennial notice regarding the results of the review
no later than the required deadline, and (3) amend the City's Code pursuant to the Act, if
necessary.
During the review process, staff found that updates and amendments to the City's Conflict
of Interest Code are necessary to revise titles of existing positions; delete positions that
no longer exist, include information on e-filing disclosure statements directly with the Fair
Political Practices Commission for certain officials and clarify disclosure requirements for
interests in real property. A redline version of the proposed amended Code is attached.
BACKGROUND
The Political Reform Act of 1974, Government Code Section 81000 et seq. (the "Act"),
requires all public agencies to adopt and maintain a Conflict of Interest Code. The Act
further requires that agencies regularly review and update their Codes as necessary when
directed by the code -reviewing body or when change is necessitated by changed
circumstances (Sections 87306 and 87306.5). As the City's code -reviewing body, the
City Council directed that the Code be reviewed as required under the Act. During this
review, staff found that amendments to the Code are necessary. Such amendments are
required to be approved by the City Council as the City's code -reviewing body.
In accordance with law, our office has duly posted the Notice of Intention to Amend and
notified individuals whose positions are affected in this year's update to the City's Conflict
of Interest Code. With all preparatory requirements met, City Council's adoption of the
subject resolution to enact the amendment is respectfully requested.
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November 19, 2020 — Staff Report
Adoption of Resolution Amending the Conflict of Interest Code
Page 2 of 2
Fiscal Analvsis
Adoption of the City's Conflict of Interest Code does not have a fiscal impact on the
General Fund. Work by the City Attorney's Office is covered through the Agreement for
Legal Services with Best, Best & Krieger.
LEGAL REVIEW
RH
DEPT. REVIEW FINANCIAL REVIEW I ASSISTANT
CITY MANAGER
ria R.I. JAnef Wloore
Robert W. Hargreaves Grace L. Rocha Janet M. Moore
City Attorney Actinq City Clerk Director of Finance
Interim City Manager Randy Bynder %Zanily &nde4-
Andy Firestine
Andy Firestine
Assistant Citv Manager
Attachment: Notice of Intention to Amend the Conflict of Interest (COI)
Legislative version showing proposed changes to the COI
Resolution No. 2020-78
Section 18730 Provision of Conflict of Interest Codes
2020 Local Agency Biennial Notice
Final Version of the Amended COI -November 19, 2020
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CIIV 0[ P H I M
73-5fo FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760 346—o6ii
mfoCaci[yofpalmdesca.org
NOTICE OF INTENTION TO AMEND THE
CONFLICT OF INTEREST CODE OF THE
CITY OF PALM DESERT
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Desert
intends to amend the City's Conflict of Interest Code (the "Code") pursuant to
Government Code Section 87306.
The Appendix of the Code designates those employees, members, officers, and
consultants who are subject to the disclosure and disqualification requirements of the
City's Code. The City's proposed amendment revises titles of existing positions and
deletes titles of positions that have been abolished, includes provisions for electronic
filing by certain filers, and clarifies disclosure requirements for interests in real property.
The proposed amended Code will be considered by the City Council on
November 19, 2020, at 4:00 p.m. at the City of Palm Desert Civic Center Council
Chamber, 73-510 Fred Waring Drive, Palm Desert, California. The meeting will be
conducted pursuant to the provisions of the Governor's Executive Order N-29-20 dated
March 17, 2020, and will be held electronically only. Any interested person may be
present electronically and comment at the public meeting or may submit written
comments concerning the proposed amendment. Any comments or inquiries should be
directed to the attention of Grace L. Rocha, Acting City Clerk, City of Palm Desert,
73510 Fred Waring Drive, Palm Desert, CA 92260-2578; (760) 346-0611;
grocha@cityofpalmdesert.org. Written comments must be submitted no later than
November 19, 2020, at 12:00 noon.
Copies of the proposed amended Code may be obtained from the office of the
City Clerk during regular business hours.
GRACE L. ROCHA, ACTING CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
NOVEMBER 12. 2020
LAW OFFICES OF
BEST BEST & KRIEGER LLP
LEGISLATIVE VERSION
(SHOWS CHANGES MADE)
CONFLICT OF INTEREST CODE
OF THE
CITY OF PALM DESERT
BBK —November 2PU2020
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LAW OFFICES OF
BEST BEST & KRIEGER LLP
CONFLICT OF INTEREST CODE
OF THE
CITY OF PALM DESERT
(Amended November 15,, 201819. 2020)
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").
The Mavor. Members of the Citv Council and Plannina Commission, the
Citv Manager, the Citv Attornev and the Citv Treasurer, may electronically file their
annual statements of economic interests directiv with the Fair Political Practices
Commission. All other 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 CleFk shall mak-- Y d reain 7 sepy of all statements filed by the
Mayer, Members of the Gity GeunGil and Planning Gemmiss'Gri, the City MaRager, the
City Attorney and the City TFeaSUF8F, and forward the GFiginals Of SUGh statements to the
Fa F P ldtoG ., Rraiat'Ges G mm'ss'e. The City Clerk shall retain the original statements
filed 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.)
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LAW OFFICES OF
BEST BEST S KRIEGER LLP
APPENDIX
CONFLICT OF INTEREST CODE
OF THE
CITY OF PALM DESERT
(Amended November 15, 201819, 2020)
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)]
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- I BBK — November 20 $2020
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LAW OFFICES OF
BEST BEST & KRIEGER LLP
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 Clerk
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
APP. A-2 BBK - November 244782020
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LAW OFFICES OF
BEST BEST & KRIEGER LLP
DESIGNATED POSITIONS'
TITLE OR FUNCTION
Director of Economic Development
Community Development]
Director of Human Resources
Director of Public Works
Emergency Services Coordinator
Engineering Assistant
Engineering Manager
Engineering Technician (ALL)
Engineer, Senior
Facilities ManagerSupervisor
Financial Analyst, Sr.
Fire Chief
GIS Administrator
Horticulturist
Information Systems Administrator
Information Systems Manager
Landscape Specialist
Landscape Supervisor
Management Analyst (ALL)
Management Specialist II
1
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DISCLOSURE CATEGORIES
ASSIGNED
1,2
moved to
5
1,2
5
5,13
2, 3, 5, 6
2,3,5,E
2, 3, 5, 6
5
Id
2,3,5,E
5
3,5
I
5
3,5
3,5
5
5.6
APP. A-3 BBK — November -21 F 2020
LAW OFFICES OF
BEST BEST & KRIEGER 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
5,16
Police Lieutenant
5, 6
Principal Planner
2, 3, 5, 6
Project Coordinator
2, 3,5
Project Manager (ALL)
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
APP. A-4 BBK— November 29-1-92020
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LAW OFFICES OF
BEST BEST & KRIEGER LLP
MEMBERS OF BOARDS,,
COMMITTEES & COMMISSIONS
Architectural Review Commission
1,2
Art in Public Places Commission
2, 5
Building Board of Appeals and Condemnation
1,2
Citizens' Sustainability Committee
1,2
Cultural Resources Preservation Committee
1,2
El Paseo Business Association
1,2
Hotel and Signature Events Committee
1, 2
Housing Commission
1,2
Marketing Committee
1,2
Parks & Recreation Commission
1,2
Project Area Committee
1,2
Public Safety Commission
1,2
Rent Review Commission
1, 2
University Planning and Development Committee
1,2
Consultants and New Positions 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 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 2-0492020
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LAW OFFICES OF
BEST BEST S 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, including
anv leasehold, beneficial or ownership interest or option to acouire orooertv.
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.
Cateoory 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.
3 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 bearing upon the functions or
duties of the position. (Reg. 18730.1)
APP. B-1 BBK — November 24192020
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RESOLUTION NO. 2020-78
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 November 15, 2018, 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 19, 2020, 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.
PASSED, APPROVED and ADOPTED by the City Council of the City of Palm
Desert, California at its regular meeting held on the 19th day of November, 2020, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
GINA NESTANDE, MAYOR
ATTEST:
GRACE L. ROCHA, ACTING CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
-2-
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CERTIFICATION
I, Grace L. Rocha, Acting City Clerk of the City of Palm Desert do hereby certify
that the foregoing Resolution No. was duly and regularly adopted by the City
Council at a regular meeting thereof, held on the 19th day of November, 2020, and that
the foregoing is a full, true and correct copy of said Resolution.
Grace L. Rocha, Acting City Clerk
City of Palm Desert
-3-
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(Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of
Regulations.)
§ 18730. Provisions of Conflict of Interest Codes.
(a) Incorporation by reference of the terms of this regulation along with the designation
of employees and the formulation of disclosure categories in the Appendix referred to below
constitute the adoption and promulgation of a conflict of interest code within the meaning of
Section 87300 or the amendment of a conflict of interest code within the meaning of Section
87306 if the terms of this regulation are substituted for terms of a conflict of interest code
already in effect. A code so amended or adopted and promulgated requires the reporting of
reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7
of the Political Reform Act, Sections 81000, et seq. The requirements of a conflict of interest
code are in addition to other requirements of the Political Reform Act, such as the general
prohibition against conflicts of interest contained in Section 87100, and to other state or local
laws pertaining to conflicts of interest.
(b) The terms of a conflict of interest code amended or adopted and promulgated pursuant
to this regulation are as follows:
(1) Section 1. Definitions.
The definitions contained in the Political Reform Act of 1974, regulations of the Fair
Political Practices Commission (Regulations 18110, et seq.), and any amendments to the Act or
regulations, are incorporated by reference into this conflict of interest code.
(2) Section 2. Designated Employees.
The persons holding positions listed in the Appendix are designated employees. It has
been determined that these persons make or participate in the making of decisions which may
foreseeably have a material effect on economic interests.
(3) Section 3. Disclosure Categories.
This code does not establish any disclosure obligation for those designated employees
who are also specified in Section 87200 if they are designated in this code in that same capacity
or if the geographical jurisdiction of this agency is the same as or is wholly included within the
jurisdiction in which those persons must report their economic interests pursuant to article 2 of
chapter 7 of the Political Reform Act, Sections 87200, et seq.
In addition, this code does not establish any disclosure obligation for any designated employees
who are designated in a conflict of interest code for another agency, if all of the following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly included
within the jurisdiction of the other agency;
(B) The disclosure assigned in the code of the other agency is the same as that required
under article 2 of chapter 7 of the Political Reform Act, Section 87200; and
(C) The filing officer is the same for both agencies.I
Such persons are covered by this code for disqualification purposes only. With respect to
all other designated employees, the disclosure categories set forth in the Appendix specify which
kinds of economic interests are reportable. Such a designated employee shall disclose in his or
her statement of economic interests those economic interests he or she has which are of the kind
described in the disclosure categories to which he or she is assigned in the Appendix. It has been
determined that the economic interests set forth in a designated employee's disclosure categories
are the kinds of economic interests which he or she foreseeably can affect materially through the
conduct of his or her office.
(4) Section 4. Statements of Economic Interests: Place of Filing.
The code reviewing body shall instruct all designated employees within its code to file
statements of economic interests with the agency or with the code reviewing body, as provided
by the code reviewing body in the agency's conflict of interest code.2
(5) Section 5. Statements of Economic Interests: Time of Filing.
(A) Initial Statements. All designated employees employed by the agency on the effective
date of this code, as originally adopted, promulgated and approved by the code reviewing body,
shall file statements within 30 days after the effective date of this code. Thereafter, each person
already in a position when it is designated by an amendment to this code shall file an initial
statement within 30 days after the effective date of the amendment.
(B) Assuming Office Statements. All persons assuming designated positions after the
effective date of this code shall file statements within 30 days after assuming the designated
positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed.
(C) Annual Statements. All designated employees shall file statements no later than April
1. If a person reports for military service as defined in the Servicemember's Civil Relief Act, the
deadline for the annual statement of economic interests is 30 days following his or her return to
office, provided the person, or someone authorized to represent the person's interests, notifies the
filing officer in writing prior to the applicable filing deadline that he or she is subject to that
federal statute and is unable to meet the applicable deadline, and provides the filing officer
verification of his or her military status.
(D) Leaving Office Statements. All persons who leave designated positions shall file
statements within 30 days after leaving office.
(5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office.
Any person who resigns within 12 months of initial appointment, or within 30 days of the
date of notice provided by the filing officer to file an assuming office statement, is not deemed to
have assumed office or left office, provided he or she did not make or participate in the making
of, or use his or her position to influence any decision and did not receive or become entitled to
receive any form of payment as a result of his or her appointment. Such persons shall not file
either an assuming or leaving office statement.
(A) Any person who resigns a position within 30 days of the date of a notice from the
filing officer shall do both of the following:
(1) File a written resignation with the appointing power; and
(2) File a written statement with the filing officer declaring under penalty of perjury that
during the period between appointment and resignation he or she did not make, participate in the
making, or use the position to influence any decision of the agency or receive, or become entitled
to receive, any form of payment by virtue of being appointed to the position.
(6) Section 6. Contents of and Period Covered by Statements of Economic Interests.
(A) Contents of Initial Statements.
Initial statements shall disclose any reportable investments, interests in real property and
business positions held on the effective date of the code and income received during the 12
months prior to the effective date of the code.
(B) Contents of Assuming Office Statements.
Assuming office statements shall disclose any reportable investments, interests in real
property and business positions held on the date of assuming office or, if subject to State Senate
confirmation or appointment, on the date of nomination, and income received during the 12
months prior to the date of assuming office or the date of being appointed or nominated,
respectively.
(C) Contents of Annual Statements. Annual statements shall disclose any reportable
investments, interests in real property, income and business positions held or received during the
previous calendar year provided, however, that the period covered by an employee's first annual
statement shall begin on the effective date of the code or the date of assuming office whichever
is later, or for a board or commission member subject to Section 87302.6, the day after the
closing date of the most recent statement filed by the member pursuant to Regulation 18754.
(D) Contents of Leaving Office Statements.
Leaving office statements shall disclose reportable investments, interests in real property, income
and business positions held or received during the period between the closing date of the last
statement filed and the date of leaving office.
(7) Section 7. Manner of Reporting.
Statements of economic interests shall be made on forms prescribed by the Fair Political
Practices Commission and supplied by the agency, and shall contain the following information:
(A) Investment and Real Property Disclosure.
When an investment or an interest in real property3 is required to be reported,4 the statement
shall contain the following:
1. A statement of the nature of the investment or interest;
2. The name of the business entity in which each investment is held, and a general
description of the business activity in which the business entity is engaged;
3. The address or other, precise location of the real property;
4. A statement whether the fair market value of the investment or interest in real property
equals or exceeds $2,000, exceeds $10,000, exceeds $100;000, or exceeds $1,000,000.
(B) Personal Income Disclosure. When personal income is required to be reported,5 the
statement shall contain:
1. The name and address of each source of income aggregating $500 or more in value, or
$50 or more in value if the income was a gift, and a general description of the business activity,
if any, of each source;
2. A statement whether the aggregate value of income from each source, or in the case of
a loan, the highest amount owed to each source, was $1,000 or less, greater than $1,000, greater
than $10,000, or greater than $100,000;
3. A description of the consideration, if any, for which the income was received;
4. hi the case of a gift, the name, address and business activity of the donor and any
intermediary through which the gift was made; a description of the gift; the amount or value of
the gift; and the date on which the gift was received;
5. In the case of a loan, the annual interest rate and the security, if any, given for the loan
and the term of the loan.
(C) Business Entity Income Disclosure. When income of a business entity, including
income of a sole proprietorship, is required to be reported,6 the statement shall contain:
1. The name, address, and a general description of the business activity of the business
entity;
2. The name of every person from whom the business entity received payments if the
filer's pro rata share of gross receipts from such person was equal to or greater than $10,000.
(D) Business Position Disclosure. When business positions are required to be reported, a
designated employee shall list the name and address of each business entity in which he or she is
a director, officer, partner, trustee, employee, or in which he or she holds any position of
management, a description of the business activity in which the business entity is engaged, and
the designated employee's position with the business entity.
(E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving
office statement, if an investment or an interest in real property was partially or wholly acquired
or disposed of during the period covered by the statement, the statement shall contain the date of
acquisition or disposal.
(8) Section 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of a state or
local government agency, shall accept any honorarium from any source, if the member or
employee would be required to report the receipt of income or gifts from that source on his or her
statement of economic interests.
(B) This section shall not apply to any part-time member of the governing board of any
public institution of higher education, unless the member is also an elected official.
section.
(C) Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this
(D) This section shall not limit or prohibit payments, advances, or reimbursements for
travel and related lodging and subsistence authorized by Section 89506.
(8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $500.
(A) No member of a state board or commission, and no designated employee of a state or
local government agency, shall accept gifts with a total value of more than $500 in a calendar
year from any single source, if the member or employee would be required to report the receipt
of income or gifts from that source on his or her statement of economic interests.
(B) This section shall not apply to any part-time member of the governing board of any
public institution of higher education, unless the member is also an elected official.
(C) Subdivisions (e), (0, and (g) of Section 89503 shall apply to the prohibitions in this
section.
(8.2) Section 8.2. Loans to Public Officials.
(A) No elected officer of a state or local government agency shall, from the date of his or
her election to office through the date that he or she vacates office, receive a personal loan from
any officer, employee, member, or consultant of the state or local government agency in which
the elected officer holds office or over which the elected officer's agency has direction and
control.
(B) No public official who is exempt from the state civil service system pursuant to
subdivisions (c), (d), (e), (f , and (g) of Section 4 of Article VII of the Constitution shall, while
he or she holds office, receive a personal loan from any officer, employee, member, or consultant
of the state or local government agency in which the public official holds office or over which
the public official's agency has direction and control. This subdivision shall not apply to loans
made to a public official whose duties are solely secretarial, clerical, or manual.
(C) No elected officer of a state or local government agency shall, from the date of his or
her election to office through the date that he or she vacates office, receive a personal loan from
any person who has a contract with the state or local government agency to which that elected
officer has been elected or over which that elected officer's agency has direction and control.
This subdivision shall not apply to loans made by banks or other financial institutions or to any
indebtedness created as part of a retail installment or credit card transaction, if the loan is made
or the indebtedness created in the lender's regular course of business on terms available to
members of the public without regard to the elected officer's official status.
(D) No public official who is exempt from the state civil service system pursuant to
subdivisions (c), (d), (e), (0, and (g) of Section 4 of Article VII of the Constitution shall, while
he or she holds office, receive a personal loan from any person who has a contract with the state
or local government agency to which that elected officer has been elected or over which that
elected officer's agency has direction and control. This subdivision shall not apply to loans made
by banks or other financial institutions or to any indebtedness created as part of a retail
installment or credit card transaction, if the loan is made or the indebtedness created in the
lender's regular course of business on terms available to members of the public without regard to
the elected officer's official status. This subdivision shall not apply to loans made to a public
official whose duties are solely secretarial, clerical, or manual.
(E) This section shall not apply to the following:
1. Loans made to the campaign committee of an elected officer or candidate for elective
office.
2. Loans made by a public official's spouse, child, parent, grandparent, grandchild,
brother, sister, parent -in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first
cousin, or the spouse of any such persons, provided that the person making the loan is not acting
as. an agent or intermediary for any person not otherwise exempted under this section.
3. Loans from a person which, in the aggregate, do not exceed $500 at any given time.
4. Loans made, or offered in writing, before January 1, 1998.
(8.3) Section 8.3. Loan Terms.
(A) Except as set forth in subdivision (B), no elected officer of a state or local
government agency shall, from the date of his or her election to office through the date he or she
vacates office, receive a personal loan of $500 or more, except when the loan is in writing and
clearly states the terms of the loan, including the parties to the loan agreement, date of the loan,
amount of the loan, term of the loan, date or dates when payments shall be due on the loan and
the amount of the payments, and the rate of interest paid on the loan.
(B) This section shall not apply to the following types of loans:
1. Loans made to the campaign committee of the elected officer.
2. Loans made to the elected officer by his or her spouse, child, parent, grandparent,
grandchild, brother, sister, parent -in-law, brother-in-law, sister-in-law, nephew, niece, aunt,
uncle, or first cousin, or the spouse of any such person, provided that the person making the loan
is not acting as an agent or intermediary for any person not otherwise exempted under this
section.
3. Loans made, or offered in writing, before January 1, 1998.
(C) Nothing in this section shall exempt any person from any other provision of Title 9 of
the Government Code.
(8.4) Section 8.4. Personal Loans.
(A) Except as set forth in subdivision (B), a personal loan received by any designated
employee shall become a gift to the designated employee for the purposes of this section in the
following circumstances:
10
1. If the loan has a defined date or dates for repayment, when the statute of limitations for
filing an action for default has expired.
2. If the loan has no defined date or dates for repayment, when one year has elapsed from
the later of the following:
a. The date the loan was made.
b. The date the last payment of $100 or more was made on the loan.
c. The date upon which the debtor has made payments on the loan aggregating to less
than $250 during the previous 12 months.
(B) This section shall not apply to the following types of loans:
1. A loan made to the campaign committee of an elected officer or a candidate for
elective office.
2. A loan that would otherwise not be a gift as defined in this title.
3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which
the creditor has taken reasonable action to collect the balance due.
4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which
the creditor, based on reasonable business considerations, has not undertaken collection action.
Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this
paragraph has the burden of proving that the decision for not taking collection action was based
on reasonable business considerations.
5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately
discharged in bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of Title 9
of the Government Code.
11
(9) Section 9. Disqualification.
No designated employee shall make, participate in making, or in any way attempt to use
his or her official position to influence the making of any governmental decision which he or she
knows or has reason to know will have a reasonably foreseeable material financial effect,
distinguishable from its effect on the public generally, on the official or a member of his or her
immediate family or on:
(A) Any business entity in which the designated employee has a direct or indirect
investment worth $2,000 or more;
(B) Any real property in which the designated employee has a direct or indirect interest
worth $2,000 or more;
(C) Any source of income, other than gifts and other than loans by a commercial lending
institution in the regular course of business on terms available to the public without regard to
official status, aggregating $500 or more in value provided to, received by or promised to the
designated employee within 12 months prior to the time when the decision is made;
(D) Any business entity in which the designated employee is a director, officer, partner,
trustee, employee, or holds any position of management; or
(E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating
$500 or more provided to, received by, or promised to the designated employee within 12
months prior to the time when the decision is made.
(9.3) Section 9.3. Legally Required Participation.
No designated employee shall be prevented from making or participating in the making of any
decision to the extent his or her participation is legally required for the decision to be made. The
12
fact that the vote of a designated employee who is on a voting body is needed to break a tie does
not make his or her participation legally required for purposes of this section.
1
(9.5) Section 9.5. Disqualification of State Officers and Employees.
In addition to the general disqualification provisions of section 9, no state administrative official
shall make, participate in making, or use his or her official position to influence any
governmental decision directly relating to any contract where the state administrative official
knows or has reason to know that any party to the contract is a person with whom the state
administrative official, or any member of his or her immediate family has, within 12 months
prior to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to members
of the public, regarding any investment or interest in real property; or
(B) Engaged in a business transaction or transactions on terms not available to members
of the public regarding the rendering of goods or services totaling in value $1,000 or more.
(10) Section 10. Disclosure of Disqualifying Interest.
When a designated employee determines that he or she should not make a governmental
decision because he or she has a disqualifying interest in it, the determination not to act may be
accompanied by disclosure of the disqualifying interest.
(11) Section 11. Assistance of the Commission and Counsel.
Any designated employee who is unsure of his or her duties under this code may request
assistance from the Fair Political Practices Commission pursuant to Section 83114 and
Regulations 18329 and 18329.5 or from the attorney for his or her agency, provided that nothing
in this section requires the attorney for the agency to issue any formal or informal opinion.
(12) Section 12. Violations.
13
This code has the force and effect of law. Designated employees violating any provision
of this code are subject to the administrative, criminal and civil sanctions provided in the
Political Reform Act, Sections 81000-91014. In addition, a decision in relation to which a
violation of the disqualification provisions of this code or of Section 87100 or 87450 has
occurred may be set aside as void pursuant to Section 91003.
' Designated employees who are required to file statements of economic interests under any
other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand
their statement of economic interests to cover reportable interests in both jurisdictions, and file
copies of this expanded statement with both entities in lieu of filing separate and distinct
statements, provided that each copy of such expanded statement filed in place of an original is
signed and verified by the designated employee as if it were an original. See Section 81004.
2 See Section 81010 and Regulation 18115 for the duties of filing officers and persons in
agencies who make and retain copies of statements and forward the originals to the filing officer.
'For the purpose of disclosure only (not disqualification), an interest in real property does not
include the principal residence of the filer.
4Investments and interests in real property which have a fair market value of less than $2,000 are
not investments and interests in real property within the meaning of the Political Reform Act.
However, investments or interests in real property of an individual include those held by the
individual's spouse and dependent children as well as a pro rata share of any investment or
interest in real property of any business entity or trust in which the individual, spouse and
dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or
greater.
14
s A designated employee's income includes his or her community property interest in the income
of his or her spouse but does not include salary or reimbursement for expenses received from a
state, local or federal government agency.
6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer
and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In
addition, the disclosure of persons who are clients or customers of a business entity is required
only if the clients or customers are within one of the disclosure categories of the filer.
Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300-
87302, 89501, 89502 and 89503, Government Code.
HISTORY
1. New section filed 4-2-80 as an emergency; effective upon filing (Register 80, No. 14).
Certificate of Compliance included.
2. Editorial correction (Register 80, No. 29).
3. Amendment of subsection (b) filed 1-9-81; effective thirtieth day thereafter (Register 81, No.
2).
4. Amendment of subsection (b)(7)(B)l. filed 1-26-83; effective thirfieth day thereafter (Register
83, No. 5).
5. Amendment of subsection (b)(7)(A) filed 11-10-83; effective thirtieth day thereafter (Register
83, No. 46).
6. Amendment filed 4-13-87; operative 5-13-87 (Register 87, No. 16).
7. Amendment of subsection (b) filed 10-21-88; operative 11-20-88 (Register 88, No. 46).
8. Amendment of subsections (b)(8)(A) and (b)(8)(B) and numerous editorial changes filed 8-28-
90; operative 9-27-90 (Reg. 90, No. 42).
15
9. Amendment of subsections (b)(3), (b)(8) and renumbering of following subsections and
amendment of Note filed 8-7-92; operative 9-7-92 (Register 92, No. 32).
10. Amendment of subsection (b)(5.5) and new subsections (b)(5.5)(A)-(A)(2) filed 2-4-93;
operative 2-4-93 (Register 93, No. 6).
11. Change without regulatory effect adopting Conflict of Interest Code for California Mental
Health Planning Council filed 11-22-93 pursuant to title 1, section 100, California Code of
Regulations (Register 93, No. 48). Approved by Fair Political Practices Commission 9-21-93.
12. Change without regulatory effect redesignating Conflict of Interest Code for California
Mental Health Planning Council as chapter 62, section 55100 filed 1-4-94 pursuant to title 1,
section 100, California Code of Regulations (Register 94, No. 1).
13. Editorial correction adding History 11 and 12 and deleting duplicate section number
(Register 94, No. 17).
14. Amendment of subsection (b)(8), designation of subsection (b)(8)(A), new subsection
(b)(8)(B), and amendment of subsections (b)(8.1)-(b)(8.1)(B), (b)(9)(E) and Note filed 3-14-95;
operative 3-14-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 11).
15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96, No.
13).
16. Amendment of subsections (b)(8)(A)-(B) and (b)(8.1)(A), repealer of subsection (b)(8.1)(B),
and amendment of subsection (b)(12) filed 10-23-96; operative 10-23-96 pursuant to
Government Code section 11343.4(d) (Register 96, No. 43).
17. Amendment of subsections (b)(8. 1) and (9)(E) filed 4-9-97; operative 4-9-97 pursuant to
Government Code section 11343.4(d) (Register 97, No. 15).
16
18. Amendment of subsections (b)(7)(13)5., new subsections (b)(8.2)-(b)(8.4)(C) and amendment
of Note filed 8-24-98; operative 8-24-98 pursuant to Government Code section 11343.4(d)
(Register 98, No. 35).
19. Editorial correction of subsection (a) (Register 98, No. 47).
20. Amendment of subsections (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 5-11-99; operative 5-11-
99 pursuant to Government Code section 11343.4(d) (Register 99, No. 20).
21. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-6-2000; operative 1-1-
2001 pursuant to the 1974 version of Government Code section 11380.2 and Title 2, California
Code of Regulations, section 18312(d) and (e) (Register 2000, No. 49).
22. Amendment of subsections (b)(3) and (b)(10) filed 1-10-2001; operative 2-1-2001.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of
Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District,
nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative
Procedure Act rulemaking requirements) (Register 2001, No. 2).
23. Amendment of subsections (b)(7)(A)4., (b)(7)(B) L-2., (b)(8.2)(E)3., (b)(9)(A)-(C) and
footnote 4. filed 2-13-2001. Submitted to OAL for filing pursuant to Fair Political Practices
Commission v. OjJice ofAdministrative Law, 3 Civil C010924, California Court of Appeal, Third
Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974
Administrative Procedure Act rulemaking requirements) (Register 2001, No. 7).
24. Amendment of subsections (b)(8.1)-(b)(8.1)(A) filed 1-16-2003; operative 1-1-2003.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of
Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District,
17
nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative
Procedure Act rulemaking requirements) (Register 2003, No. 3).
25. Editorial correction of History 24 (Register 2003, No. 12).
26. Editorial correction removing extraneous phrase in subsection (b)(9.5)(B) (Register 2004,
No. 33).
27. Amendment of subsections (b)(2)-(3), (b)(3)(C), (b)(6)(C), (b)(8.1)-(b)(8.1)(A), (b)(9)(E) and
(b)(11)-(12) filed 1-4-2005; operative 1-1-2005 pursuant to Government Code section 11343.4
(Register 2005, No. 1).
28. Amendment of subsection (b)(7)(A)4. filed 10-11-2005; operative 11-10-2005 (Register
2005, No. 41).
29. Amendment of subsections (a), (b)(1), (b)(3), (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 12-18-
2006; operative 1-1-2007. Submitted to OAL pursuant to Fair Political Practices Commission v.
Office ofAdministrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate
District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974
Administrative Procedure Act rulemaking requirements) (Register 2006, No. 51).
30. Amendment of subsections (b)(8. 1)-(b)(8. 1)(A) and (b)(9)(E) filed 10-31-2008; operative 11-
30-2008. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office
ofAdministrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District,
nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative
I
Procedure Act rulemaking requirements and not subject to procedural or substantive review by
OAL) (Register 2008, No. 44).
31. Amendment of section heading and section filed 11-15-2010; operative 12-15-2010.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of
m
Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District,
nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative
Procedure Act rulemaking requirements and not subject to procedural or substantive review by
OAL) (Register 2010, No. 47).
32. Amendment of section heading and subsections (a)-(b)(1), (b)(3)-(4), (b)(5)(C), (b)(8.1)-
(b)(8.1)(A) and (b)(9)(E) and amendment of footnote 1 filed 1-8-2013; operative 2-7-2013.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of
Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District,
nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative
Procedure Act rulemaking requirements and not subject to procedural or substantive review by
OAL) (Register 2013, No. 2).
33. Amendment of subsections (b)(8.1)-(b)(8.1)(A), (b)(8.2)(E)3. and (b)(9)(E) filed 12-15-2014;
operative 1-1-2015 pursuant to section 18312(e)(1)(A), title 2, California Code of Regulations.
Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v.
Oj)ice ofAdministrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate
District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974
Administrative Procedure Act rulemaking requirements) (Register 2014, No. 51).
34. Redesignation of portions of subsection (b)(8)(A) as new subsections (b)(8)(B)-(D),
amendment of subsections (b)(8.1)-(b)(8.1)(A), redesignation of portions of subsection
(b)(8.1)(A) as new subsections (b)(8.1)(B)-(C) and amendment of subsection (b)(9)(E) filed 12-
1-2016; operative 12-31-2016 pursuant to Cal. Code Regs. tit. 2, section 18312(c). Submitted to
OAL for filing pursuant to Fair Political Practices Commission v. Office ofAdministrative Law,
3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision,
19
April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking
requirements and not subject to procedural or substantive review by OAL) (Register 2016, No.
49).
35. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-12-2018; operative 1-
11-2019 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing and
printing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil
C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27,
1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking
requirements and not subject to procedural or substantive review by OAL) (Register 2018, No.
50).
20
2020 Local Agency Biennial Notice
Name of Agency: City of Palm Desert, California
Mailing Address: 73510 Fred Waring Drive, Palm Desert, CA 92260
Contact Person: Lauri Aylaian Phone No. 760-356-0611
Email' laylaian@cityofpalmdesert.orgAlternateEmail: info@cityofpalmdesert.org
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 BOX):
XUXAn amendment is required. The following amendments are necessary:
(Check all 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 Government 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)
Palm Desert City Council, 73510 Fred Waring Drive, Palm Desert, CA 92260-2578
PLEASE DO NOT RETURN THIS FORM TO THE FPPC.
www.fooc.ca.aov
FPPC Advice: advice0fooc.ca.00v (866.275.3772)
Page 1 of 1
LAW OFFICES OF
BEST BEST & KRIEGER LLP
CONFLICT OF INTEREST CODE
OF THE
CITY OF PALM DESERT
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LAW OFFICES OF
BEST BEST & KRIEGER LLP
CONFLICT OF INTEREST CODE
OF THE
CITY OF PALM DESERT
(Amended November 19, 2020)
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").
The Mayor, Members of the City Council and Planning Commission, the
City Manager, the City Attorney and the City Treasurer, may electronically file their
annual statements of economic interests directly with the Fair Political Practices
Commission. All other 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 retain the original statements filed 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.)
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LAW OFFICES OF
BEST BEST & KRIEGER LLP
APPENDIX
CONFLICT OF INTEREST CODE
OF THE
CITY OF PALM DESERT
(Amended November 19, 2020)
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)]
OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
It has been determined that the positions listed below are Other City
'Officials who manage public investment.3 These positions are listed here for
informational purposes only.
Finance Committee
Deputy City Treasurer
Financial Consultants
3 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.
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LAW OFFICES OF
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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 Clerk
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
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LAW OFFICES OF
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Director of Community Development
DESIGNATED POSITIONS'
TITLE OR FUNCTION
Director of Economic Development
Director of Human Resources
Director of Public Works
Emergency Services Coordinator
Engineering Assistant
Engineering Manager
Engineering Technician (ALL)
Engineer, Senior
Facilities -Supervisor
Financial Analyst, Sr.
Fire Chief
GIS Administrator
Horticulturist
Information Systems Administrator
Information Systems Manager
Landscape Specialist
Landscape Supervisor
Management Analyst (ALL)
Management Specialist II
1,2 .
DISCLOSURE CATEGORIES
ASSIGNED
1,2
5
1,2
5
5,6
2, 3, 5, 6
2, 3, 5, 6
2, 3, 5, 6
5
0
2, 3, 5, 6
5
3,5
5
5
3,5
3, 5
5
5,6
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LAW OFFICES OF
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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 (ALL)
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
APP. A-6 BBK—November 2020
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LAW OFFICES OF
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MEMBERS OF BOARDS.
COMMITTEES & COMMISSIONS
Architectural Review Commission
1,2
Art in Public Places Commission
2,5
Building Board of Appeals and Condemnation
1,2
Citizens' Sustainability Committee
1,2
Cultural Resources Preservation Committee
1,2
El Paseo Business Association
1,2
Hotel and Signature Events Committee
1,2
Housing Commission
1,2
Marketing Committee
1,2
Parks & Recreation Commission
1,2
Project Area Committee
1,2
Public Safety Commission
1,2
Rent Review Commission
1,2
University Planning and Development Committee
1,2
Consultants and New Positions 4
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 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.)
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LAW OFFICES OF
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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.5 "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, including
any leasehold, beneficial or ownership interest or option to acquire property.
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.
5 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 bearing upon the functions or
duties of the position. (Reg. 18730.1)
APP. B-8 BBK — November 2020
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