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HomeMy WebLinkAboutRes 2016-93 - Amnded Conflict of Interest CodeCITY OF PALM DESERT CITY CLERK DEPARTMENT STAFF REPORT REQUEST: RESOLUTION NO. 2016 - 93 - 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. SUBMITTED BY: Rachelle D. Klassen, City Clerk DATE: CONTENTS Recommendation December 8, 2016 • Staff Report • Resolution No. 2016 - 93, including the Amended Conflict of Interest Code • Legislative Version of the Conflict of Interest Code • Notice of Intent • 2016 Local Agency Biennial Notice Waive further reading and adopt Resolution No. 2016 - 93, approving and adopting an amended Conflict of Interest Code pursuant to the Political Reform Act of 1974. Strategic Plan Obiective This request represents routine conduct of municipal affairs; there is no specific Strategic Plan Goal associated. Background As was authorized by the City Council at its meeting of June 9, 2016, a mandatory biennial review of the City's Conflict of Interest Code has been performed by staff and the City Attorney's Office. In response, the City Attorney's office has prepared for presentation to the City Council a proposed amended Conflict of Interest Code. A Legislative Version of the amended Appendix, showing modifications made to the list of Designated Positions and Disclosure Categories, is included in this report for ease in identifying said changes. The amended Appendix to the Code becomes effective immediately upon the City Council's adoption. Thereafter, Officials/Employees holding positions newly designated in the Code will have 30 days to file an Assuming Office Statement of Economic Interest with the City Clerk's Office (if they haven't already done so; the Political Reform Act requires it in the interim by designating any appropriate new positions with FPPC Staff Report - Adoption of Resolution Amending the Conflict of Interest Code December 8, 2016 Page 2 Form 804 - Agency Report of New Positions). Officials/Employees with Designated Positions already listed but changed will be subject to the next annual filing requirement with their new designation by April 3, 2017 (April 1 falling on Saturday next year). 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. Your adoption of the subject resolution enacting this amendment is respectfully requested. Fiscal Analvsis Adoption of the City's Conflict of Interest Code does not have a fiscal impact on the City. Work by the City Attorney's Office is covered through said agreement with the City (Contract No. C28881). Machellee D71as!sen, Mtk, Approved: Lauri Aylaian, City Manager rd k Attachments (as noted) H IWPdataIWPOOCSIFPPCICONFLICT116 code amend staff rpt wpd RESOLUTION NO. 2016 - 93 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 11, 2014, 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 December 8, 2016, 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. 2016 - 93 PASSED, APPROVED and ADOPTED by the City Council of the City of Palm Desert, California at its regular meeting held on the 8th day of December, 2016, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA ROBERT A. SPIEGEL, MAYOR 2 72500.00001 \29392276.1 RESOLUTION NO. 2016 - 93 CERTIFICATION I, Rachelle Klassen, City Clerk of the City of Palm Desert do hereby certify that the foregoing Resolution No. 2016 - 93 was duly and regularly adopted by the City Council at a regular meeting thereof, held on the 8th day of December, 2016, and that the foregoing is a full, true and correct copy of said Resolution. Rachelle Klassen, City Clerk City of Palm Desert 3 72500.0000 1\29392276. l LAN' OFFICES OF BEST BEST & KRIEGER RESOLUTION NO. 2 016 - 93 LLP CONFLICT OF INTEREST CODE OF THE CITY OF PALM DESERT BBK —December 2016 72500.00001 \29391909.2 LAW OFFICES OF BEST BEST & KRIEGER LLP RESOLUTION NO. 2016-93 CONFLICT OF INTEREST CODE OF THE CITY OF PALM DESERT (Amended December 8, 2016) 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 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.) -1- BBK — December 2016 72500.00001 \29391909.2 LANK' OFFICES OF RESOLUTION NO. 2 016 - 9 3 BEST BEST & KRIEGER LLP APPENDIX CONFLICT OF INTEREST CODE OF THE CITY OF PALM DESERT (Amended December 8, 2016) 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— December 2016 72500.00001 \29391909.2 LAW OFFICES OF BEST BEST & KRIEGER LLP RESOLUTION NO. 2016-93 DESIGNATED POSITIONS GOVERNED BY THE CONFLICT OF INTEREST CODE DESIGNATED POSITIONS' DISCLOSURE CATEGORIES TITLE OR FUNCTION ASSIGNED Accountant II 4 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 Facilities Maintenance Supervisor 5 Building Permit Specialist (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 APP. A-2 BBK - December 2016 72500.00001 \29391909.2 LANV OFFICES OF RESOLUTION NO. 2 016 - 9 3 BEST BEST & KRIEGER LLP DESIGNATED POSITIONS' DISCLOSURE CATEGORIES TITLE OR FUNCTION ASSIGNED Deputy City Clerk 5 Director of Community Development 1,2 Director of Economic Development 1,2 Director of Housing 1,2 Director of Human Resources 5 Director of Public Works 1,2 Director of Special Programs 1,2 Economic Development Manager 1,2 Economic Development Technician (ALL) 5 Emergency Services Coordinator 5 Engineer, Senior 2, 3, 5, 6 Engineering Manager 2, 3, 5, 6 Engineering Technician (ALL) 2, 3, 5, 6 Facilities Technician 5 Financial Analyst, Sr. 4 Fire Chief 2, 3, 5, 6 Information Systems Manager 5 Information Systems Technician 5 Landscape Inspector (ALL) 3,5 Landscape Specialist 3,5 Landscape Supervisor 3,5 APP. A-3 BBK — December 2016 72500.00001 \29391909.2 LAND' OFFICES OF BEST BEST & KRIEGER RESOLUTION NO. 2 016 - 93 LLP DESIGNATED POSITIONS' DISCLOSURE CATEGORIES TITLE OR FUNCTION ASSIGNED Facilities Manager 5 Management Analyst (ALL) 5 Marketing and Tourism Manager 5 Parks and Recreation Services Manager 1,2 Parks Facilities Manager 5 Parks Maintenance Supervisor 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 Administrator 2, 3, 5 Project Coordinator 2, 3, 5 Public Works Inspector (ALL) 2, 3, 5, 6 Risk Manager 5 Senior Engineer/City Surveyor 2, 3, 5, 6 Streets Maintenance Supervisor 5 Supervising Plans Examiner 2, 3, 5, 6 Traffic Signal Specialist 5 Traffic Signal Technician (ALL) 5 Transportation Engineer (ALL) 2, 3, 5 APP. A-4 BBK— December 2016 72500.00001 \29391909.2 LAW OFFICES OF BEST BEST & KRIEGER LLP DESIGNATED POSITIONS' TITLE OR FUNCTION Tourism & Marketing Specialist Visitor Information Center Manager 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 Marketing Committee Parks & Recreation Commission Project Area Committee Public Safety Commission Rent Review Commission University Planning and Development Committee Consultants and New Positions 2 RESOLUTION NO. 2016-93 DISCLOSURE CATEGORIES ASSIGNED 5 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 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— December 2016 72500.00001 \29391909.2 LAW OFFICES OF BEST BEST & KRIEGER LLP RESOLUTION NO. 2016-93 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. Category 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. Cateqory 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. Category 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. Category 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. Category 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. Category 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— December 2016 72500.00001 Q9391909.2 LAW OFFICES OF BEST BEST & KRIEGER LLP LEGISLATIVE VERSION CONFLICT OF INTEREST CODE OF THE CITY OF PALM DESERT BBK- October 201 December 2016 72500.00001 \29391909.1 LAW OFFICES OF BEST BEST & KRIEGER LLP CONFLICT OF INTEREST CODE OF THE CITY OF PALM DESERT (Amended December 11, 2Q148, 2016) 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 ❑f 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 ❑esert (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 ❑riginal statements filed by all other officials and designated positions and wilt make all retained statements available for public inspection and reproduction during regular business hours. (Gov. Code § 81008.) - I - BBK— I"1.,tebe - 201 n December 2016 72500.00001 \29391909.1 LAW OFFICES OF BEST BEST & KRIEGER LLP APPENDIX CONFLICT OF INTEREST CODE 597iff:N CITY OF PALM DESERT (Amended December '�'�8, 2016) 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. § 1870118700.3(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)1 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— October 201 "December 2016 725 00.00001\29391909.1 LAW OFFICES OF BEST BEST & KRIEGER LLP DESIGNATED POSITIONS GOVERNED BY THE CONFLICT OF INTEREST CODE ❑ESIGNATED POSITIONS' DISCLOSURE CATEGORIES TITLE OR FUNCTION ASSIGNE❑ Accountant II 4 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, 55 6 Battalion Chief 5,6 Building and Safety Director 2, 3, 5, 6 Building Inspector (ALL) 2, 3, 5, 6 Building Facilities Maintenance Supervisor 5 Building Permit Specialist (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 APP. A-2 BBK - Octob,-x 2014 December 2016 72500.00001 \29391909.1 LAW OFFICES OF BEST BEST & KRIEGER LLP ❑ESIGNATED POSITIONS' ❑ISCLOSURE CATEGORIES TITLE OR FUNCTION ASSIGNE❑ ❑eputy City Cleric 5 Director of Community Development 1,2 Director of Economic ❑evelopment 1,2 Director ❑f Housing 1,2 Director of Human Resources 5 ❑irector of Public Works 1,2 ❑irector of Special Programs 1,2 Economic ❑evelopment Manager 1,2 Economic Development Technician (ALL) 5 Emerqencv Services Coordinator 5 Engineer, Senior 2, 3, 5, 6 Engineering Manager 2, 3, 5, 6 Engineering Technician (ALL) 2, 3, 5, 6 Facilities Technician 5 Financial Analyst, Sr. 4 Fire Chief 2, 3, 5, 6 Pumwn Rcov roes hbnagsr 5 Information Systems Manager 5 Information Systems Technician 5 Landscape Inspector (ALL) 3,5 Landscape Specialist 3,5 APP. A-3 BBK-0=bc-r 201'1December 2016 72500.00001 \29391909.1 LAW OFFICES OF BEST BEST & KRIEGER LLP DESIGNATED POSITIONS' DISCLOSURE CATEGORIES TITLE OR FUNCTION ASSIGNED Landscape Supervisor 3.5 Maint�ncngg Sewiges Facilities Manager 5 Management Analyst (ALL) 5 Marketing and Tourism Manager 5 Parks and Recreation Services Manager 1,2 Parks Facilities Manager 5 Parks Maintenance Supervisor 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 Administrator 2, 3,5 Project Coordinator 2, 3,5 Public Works Inspector (ALL) 2, 3, 5, 6 Risk Manager 5 Senior Engineer/City Surveyor 2, 3, 5, 6 Streets Maintenance Supervisor 5 Supervising Plans Examiner 2, 3, 5, 6 Traffic Signal Specialist 5 Traffic Signal Technician (ALL) 5 APP. A-4 BBK— G,.to!z�L0.IDecember 2016 72500.00001 \29391909.1 LAW OFFICES OF BEST BEST & KRIEGER LLP DESIGNATED POSITIONS' DISCLOSURE CATEGORIES__ TITLE OR FUNCTION ASSIGNED Transportation Engineer (ALL) 2, 3, 5 Visitor CsnteF 5 porvicarTourism & Marketina Specialist 5 Visitor Information Center Manager 5 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 , iZ�1870o.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 APP. A-5 BBK-0.to'1rr 201 1December 2016 725 00.000011293 91909.1 LAW OFFICES OF BEST BEST & KRIEGER LLP DESIGNATED POSITIONS' TITLE OR FUNCTION DISCLOSURE CATEGORIES ASSIGNED 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-6 BBK— G.-tebor 2011December 2016 72500.0000 1\29391909.1 LAW OFFICES OF 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.) "Investment" means financial interest in anv business entitv (includina a consultina business or other independent contracting business) and c�concmic intoraa�^ 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. Cateqory 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. Category 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. Cateqory 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. Category 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. Category 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-0ctwb,.-r-2011December2016 72500.00001 \29391909.1 73-5 1 o FRED WA RING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346—o6 i i info(,, citx o(paloicl"crt.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 includes new positions that must be designated, revises titles of existing positions, deletes titles of positions that have been abolished and includes updated Regulation references and clarifying language as provided by the Fair Political Practices Commission. The proposed amended Code will be considered by the City Council on December 8, 2016, at 4:00 p.m. at the City of Palm Desert Civic Center Council Chamber, 73-510 Fred Waring Drive, Palm Desert, California. Any interested person may be present and comment at the public meeting or may submit written comments concerning the proposed amended Code. Any comments or inquiries should be directed to the attention of Rachelle Klassen, City Clerk, City of Palm Desert, 73-510 Fred Waring Drive, Palm Desert, CA 92260-2578; (760) 346-0611. Written comments must be submitted no later than December 8, 2016, at 4:00 p.m. The proposed amended Code may be reviewed at, and copies obtained from, the office of the City Clerk, during regular business hours. R A CH LL D. KLAS ,CITY CLER CITY OF PALM DESERT, CALIFORN DECEMBER 2, 2016 72500.00001 \29392334.1 2016 Local Agency Biennial Notice Name of Agency: CITY OF PALM DESERT Mailing Address: 73510 FRED WARING DRIVE, PALM DESERT, CA 92260-2578 Contact Person: LAURI AYLAIAN Phone No. (760) 346-0611 CITY MANAGER Email- laylaian@cityofpalmdesert.org Alternate Email: 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): ® An amendment Is required. The following amendments are necessary: (Check all that apply.) ® Include new positions O 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 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 GoveTpienKode 2. OCTOBER 3, 2016 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) CITY COUNCIL, CITY OF PALM DESERT, 73510 FRED WARING DRIVE, PALM DESERT, CA 92260-2578 PLEASE DO NOT RETURN THIS FORM TO THE FPPC. Z+� . I NV s' DO SIR V D -Id3SN NlVd vAvw.fooc.ca.ggv 3DIA30 SA8313 ALID FPPC Advice: advice6fDDc.Caoov(866.275.3772) G3 N 1303 - Page 1 of 1