HomeMy WebLinkAboutReview Conflict of Interest CodeX H
CITY OF PALM DESERT
CITY CLERK DEPARTMENT
STAFF REPORT
REQUEST: AUTHORIZATION TO REVIEW THE CITY'S CONFLICT OF
INTEREST CODE
SUBMITTED BY: Rachelle D. Klassen, City Clerk
DATE: June 9, 2016
CONTENTS: • Staff Report
• Letter from Best, Best & Krieger
• Flier from the Fair Political Practices Commission
• FPPC 2016 Local Agency Biennial Notice
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.
Strategic Plan Objective
None
Backaround
Attached is a copy of a memo from the City Attorney's Office, advising that 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 2014, and City Council Resolution No. 2014-100 reflects the most
recent update relative to the Code's Appendix List of Designated Positions.
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 then be 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.
(This year it's October 3.)
Staff believes there are circumstances that may require the City's COI Code to be
amended (i.e., Titles of Designated Positions subject to the Code). Your approval of the
Staff Report - Authorization to Review Conflict of Interest Code
June 9, 2016
Page 2
recommendation is, therefore, requested 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 Council's
November or December meetings.
Fiscal Analysis
Specific action to authorize review of the City's COI does not have a fiscal impact on the
City. However, analysis of designated positions and recommendations for additions or
deletions will be performed by staff, followed by the City Attorney's Office review of the
findings and assistance with preparing any necessary documents for adoption of the
amended COI Code at year-end. Work by the City Attorney's Office is covered through
said agreement with the City (Contract No. C28881).
Submitted by:
Approved:
Ju in McCarthy, Interim C' anager
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Attachments (as noted)
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IMak
INDIAN WELLS
SACRAMENTO
(760) 568-261 1
(9I 6) 325-40 0G
BEST BEST & KMEGER
IRVINE
SAN DIEO
(949) 263-2500
ATTORNEYS AT LAW
(6 1 9) 525- 1 300
Los ANGELES
WALNUT CREEK
(2 1 3) 61 7-8100
(925) 977-JJOO
3390 UNIVERSITY AVENUE, 5TH FLOOR, P.O. BOX 1028, RIVERSIDE, CA 92502
ONTARIO
PHONE: (95 1) 686- 1 450 I FAX: (95 1) 686-3083 I WWW.BBKLAW COM
WASHINGTON, DC
(909) 989-8584
(202) 785-0500
DIANNA MARIE VALDEZ, SENIOR PARALEGAL
CONFLICTS OF INTEREST SI ETHICS COORDINATOR
(95 1) 826-8252
DIANNAMARIE. VALDF-Z@B8KLAW.COM
May 9, 2016
TO: CITY MANAGERS
FROM: BEST BEST & KRIEGER LLP
RE: 2016 MANDATORY REVIEW OF CONFLICT -OF -INTEREST CODES
This is a reminder that 2016 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.
On or before July 1, your City Council, as the City's code -reviewing body, must notify you
of this and direct you to review 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, 2016. You will then have until
October 3 to complete your Code review and file your Biennial Notice with your City Clerk
reflecting the results of your 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)
Throughout the summer and fall, we will be assisting clients with the biennial review
process and any necessary updates. If you participate in BB&K's Public Policy & Ethics
Compliance Program, .we will be contacting your filing officers directly for certain specifics
regarding your list of designated positions and the filing of your Biennial Notice. Meanwhile, if
you have any questions regarding the 2016 biennial review process, please contact Dianna
Valdez, our conflicts of interest and ethics coordinator, or your principal lawyer here.
Also, please contact Dianna if you are not currently a participant in our PP&E Program
but would like to participate beginning with this code -review cycle.
GARY W. SCHONS
cc: City Clerks/Filing Officers
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FAIR POLITICAL PRACTICES COMMISSION
2016 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).
The City Council is the code reviewing body for city agencies. The County Board of
Supervisors is the code reviewing body for county agencies and any other 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.
July 1, 2016: The code reviewing body must notify agencies and special districts within its
jurisdiction to review their conflict of interest codes.
October 3, 2016: The biennial notice must be filed with the agency's code reviewing body.
We prepared a 2016 Local Agency Biennial Notice form for local agencies to use. 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 you are still not sure if you should amend your agency's
conflict of interest code, please contact the FPPC.
Attend a Workshop or Webinar
Schedules and information about seminars and webinars are available at www.fppc.ca.aov.
www. fm)c. ca. aov
FPPC Advice: advice aC).fr)Dc.ca.aov (866.275.3772)
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2016 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 BOA:
❑ An amendment is required. The following amendments are necessary:
(Check all that apply.)
O Include new positions
O Revise disclosure categories
O Revise the titles of existing positions
O Delete titles of positions that have been abolished and/or positions that no longer make or
participate in making governmental decisions
O Other (describe)
❑ The code is currently under review by the code reviewing body.
❑ 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 3, 2016, 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.fooc.ca.aov
FPPC Advice: adviceefooc.ca.ciov (866.275.3772)
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