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Home My WebLink AboutCC RES 76-119. . .._ _. . --. _`�-'-".,... - rt—�r--..-�-'+sm-•m^+•q,^-�-m�^.,-�.^�r^rt.,. ,.� •rr-s�,r, r .,:�^"'y"�,�i°4'..'�,.�.�.q.".�7 "F"r�^A' ('��#'�F'�� ..� �.,...,. - �. . _ wr. . �.. �_. ��. � .SI 'rP.�:,( 3,' r .1�17 rY��'t' {� �`� � �tliawart.l+, wrif�,Ja�M..,eaY,u'w,..t, .�e. ,�._�r� � JuS� .r�....,..._, ., .'t.1�. � �` 3 J � � ! i � � � i :� . � � RESOLUTION N0. 7�, _ 174 �!� RESOI.(JTION O'P THE CITY COUNCIL OP' TfiE CITY y � O!� PAI.M DL'SERT, CALIFORNIA, ADOPTING 1� � CONPLZCT OP INTEREST COdE FOR SAID CIT7[. i � � ,r � � ? � The City Council of the City of PaLn Deaert, � ' California, DOES HEREBY RESOLVE aa follaws: ,� i �; $ SECTION 1s That the Code entitled "Conflict of `; ? interest Code of the City of PaLn Desert, Riverside County, California", a copy of which ia attached hereto and by refer- ence incorporated herefn, be and is hereby approved and adopted for said City. PASSED, APPRO'VED and ADOPTED by the follrn+inq vote thia 23rd day of September , 1976. AYES: liullins. Ne�vbrander� Sc Brush NOES: None A$SENT: 1�cPh rson 's Seidler i//i� ABSTAIN: None � � li AZTEST : . City er City of Palm Desert AMENDED � EiY RESOLUTION #. .� �..�.`� �. / , l�/1TED: _-��•F-I.�`...�..�....----•---•- Palm Desert I AMENDEp � �� R � BY RESOLUTION #..... ....�_ _ � _�� . ...----��--a-� -�-�-��-------- i' I � � ��. ' f: t� ` `� �.�� c j "�.t �#��i; s. �� , �, � �� R <�; , �� f • ; :� , .. .. _ . ,....._....,,-.�,... .....,r. ..,�..,.p..:-,. �.., "'!tz. ._...�.,...:,;.,�a,.T,,,M�� t..u�,..r ,�« iat'a. _�.. ., � +j�" p. , �»rz,.:a.... � .. . . . .. ' i . i . i g I'�: � � � ".+wu+�„ cWv:.uti+�..0 > .s..�z�v .,.,<..... .. ` ,. , � � . ... �;.� i f , �i OdNFLICT OF' IHTSRE3T CODB OF � THE C I1T OF PAL61 DE3ERT EtIVSR3IDB COUNTY CALIF�tN1A Section l: PURP03E. Pursuant to the provisions oi the Government Code of the State of California 8ections 8T300. et. aeq., the Citq Council of THE CITY OF PALH DE3ERT, itiverside Countq, California, herebq adopts the following Conflict of Interest Code. Nothinq contained 6erein is intended to modifq or abridge the provisions of the Political Reform Act of 1974 (Governmeat Code Section 81000). The provisions of this Code are additional to Government Code Section 87100 and other lawa pertaining to conflicts of interest. Eacept as otherwise indicated� t6e defiaitions of said Act aad regulations adopted pursuant thereto are incorporated 6erein and this Code shall be interpreted in a manaer coasistent therewith. Section 2: DESIGNATED POSITION3. The positions listed on Eachibit "A" are designated positions. Officers r�: and eniployees holding those positions are desigaated employees aad are deemed to make, or participate in the makiag of� decisions which may foreseeably 6ave a material effect on a financial interest. 3ection 3: DISCLASURE STATEYENTS. Designated positions are sssigned to one or more of the disclosure categories set iorth oa Exhibit "A". Each designated employee shall file aa annual statement disclosing that emplo�ee's iaterest in t6e assigned categories, details of whic6 are showa in Sahibit "B". � Puge 1 1 � ' � S�Ctioa 4t PL�CS A1�D TDfL O! FILII�G. (a) All Assiqnated eaploy�ees reqnired to subwit a siatessnt ot financial interests shall tile the original with tt�e City Manaqer oi THE CZTY 0!► PALM DESERT. (b) The City Manaqer oi the aqency �►hich receivea the �Lateaent of �inancial interest ahall enake and retain a copy and iorward the oriqinal to the City Council. (c) A desiqnated e�loyee required to submit a state�nt oi financial interest shall subinit an initial stateeaent �+ithin thirty (30) days after the effective date of this Code. (d) Civil service and/or merit system employees appointed, pranoted or trainsferted to designated positions ahall file initial atatements within thirty (30) days after date oi employment. (e) Al1 other employees appointed, promoted, or tranaferred to desiqnated positiona shall file initial �1 statements not lesa than ten f10) days before assuminq office (or if aubject to confinaation 10 days before befng confirmed) unleas an earlier assumption of office is required by er�er- qency circumstances, in rrhich case the statement shall be filed r►ithin thirty (30) days thereafter. (f) Annual statements shall be filed during the month of February by all designated employees. Such state- menta shall cover the period of the precedinq calendar year. (q) A desiqnated employee required to file a state- ment of financial interest �+ith any other agency, �+hich is rrithin the same territorial jurisdiction, may comP1Y Mith the provisions of this Code by filinq a duplicate copy of the statement filed �►ith the other aqency, in lieu of an entirely separate document. o�. a... pa9e 2. , � � ; i � � 8lCtion S t CONTEt�I'3 O�E' DISCLOSgRE STl�►TEM�T3. Disclosure st.ale�ents shall be ssde on lorms supplied by ths CitY Clerk, and shall contafn the iollo+rinq informations (a) Contents of Investment and Real Property tteports s lfhen an iaveatment, or an iaterest in real pro- perty, is required to be repoZt� � t� s�t�ent shall containc (1) �► atatement of the nature of the favest�nent or interest; (2) The name of the buainess entity in �fiich each investment is held, and a qeneral description of the business activfty in vhich the business entity is enqaged; (3) The address or other precise location of the real property; (4) A statement r+hether the fair market value of the investment, or interest in real property, exceeds ten thausand dollars (S10,000), and vhether it exceeds one hundred th�sand dollazs (5100.000). This infor.nation need not be provided with respect to an interest in real property which is used principally as the residence of the filer. , (b) Contents of Personal Incane Reports: Nhen personal incane is required to be reported, the atatement shall contain: �1� � Qa�ae and address of each source of incane aqqreqatinq tMo hnndred an� fifty dollars (5250) or more in value, or taenty- five 3ollars (S251 0= �re � value if the �� aas a gift, and a qeneral description , ou � a.. �� Page 3. oi the business activity, ii aay, ot each sourcet (2) 11 statesent �rhether tM aqqreqate value oi income iraa each saurce was qreater than one thousand doilars (51,000), and �fiether it was qreater than ten tiwusand dollars ($10.000)s (3) !� description of the consideration, if any, for which the incane was receivedt (4) In the case of a qift, the amount ard the date on which the qift Mas received. (c) Contents of Business Hntity incane Reports: Nhen income of a buaiaess entity, includinq inco�e of a sole proprietorship, is required to be reported, the atatement ahall contain: (1) The name, addresa and a qeneral des- cription of the business actfvity of the business entitys (2) In the case of a busineas entity which provides leqal or brokeraqe services, the name of every person who paid fees to the business entity if the filer's prorata share of fees fran such person rras equal to or qreater than one thousand dollara (S1,000); (3) In the case of a business entity not covered by paragraph (2), the name of every person from Mt►om the business entity received paYments if the filer's prorata share of qross receipts from such person r+as equal to or qreater ti�an ten thousand dollars (510,000) d��q a calendar year. (d) Contents of Mat►aqement Positions Reports: Nhen manaqement positions are required to be re- ar � '� Paqe 4. � � � ' ' � `�� ; � � "�:� , i ;� i � l�a � � ,;� � � ��f � ¢j;"�I � i � a ; �a �� `� � i� �� ; �� . .� E � �p ; ;, d � �� . �� `� f , �� ` `j ;; :. �� ;;': ;; �`� � �� pot�, desiqnated eaeploy�ees shall list the name of each busi- ness entitr not specified above in �►hich they are a director, oifictr, pa='tner. tru�tee. emPl°Yee, or in vt►ich they hold �y p�sitios oi a�agement. (e) Initial Statements The initial statement filed by an employee appointed to a desiqnated position shall disclose any reportable investmeats and interests in real property. (f) Acqufsition or Diaposal Durinq Reportinq Period: In the caae of a atatement filed under Section 400(f), if the inveatment, or interest in real property, aas partially or v►holly acquired or disposed of durinq the period cavered by the statement, the date of acquisition or dispoaal. Section 6: DISQUALIFICATION. Designated er.�ployees must diaqualify themselvea fraa makinq or participating in the makinq of any decisions in Mhich they have a reportable financial intereat, �rhen it is reasonably foreseeable that such interest may be materially affected by the decision. No desiqnated employ�ee shall be requized to disqualify him- self with respect to any matter which could not be legally acted upon or decided Mithout hia participation. , . 1 l l f � o�r ■ � '• Paqe 5 . _ r .� � �1 � 1 8X8IBIT "A^ pOBIT2011 Cit� Ysos�er Assistsnt Cit� Ilaa�►Ber City Cieric Director oi 1[anagdment 3ervices Director oi 8nvironmental Services citr sngineer Code Enforcement Supervisor Director o! Building and 3afety Building Inspectors Associate Planaere Assistant Plaaners Administrative Assistant Police Chiei Fire llarahall City Attorney Assistaat City Attorney Any other employee at the discretion of the City lianaSer E7CHISIT "A" OI3�I�OBUAB CATEGORT I. II, III I� II� III I, II, III I II, III I. II, III I. II, III I. II, III I. I1� III I, II, III I. II. III I. II. III I II. III I, II, III I. II, III I. II, III I. It� III e 1 ,p � t` EXHISIT 'B" CATEGORY 1'1�• I= INTERESTS IN REAL PROPERTY Cattgory I relatea to real property which is located in part ot in vtwle (1) r►ithin the boundaries of the City, (2) within t�ro miles oi the boundaries of the City, or of�thetCityt�►hichiis owned orlused by�theiCityf the boundaries Cateqory I includes any leasehold, beneficfal or ownership iaterest, or option to acquire such an interest in real property ii the fair market value of the interest is qreater than One Thousand Dollars (51,000.00). Interests in real property of an individual include a pro rata ahare of interest in real property of any business entity or trust fn which the desiqnated employee or his or her apouse orms directly, indirectly or beneficially, a ten per cent (lOt) interest or qreater. CATEGORY NO. IZs PERSONAL INC�E Cateqory II relatea to incame f raa business entities described in Cateqory III or fraa ar�y individual, nonprofit association or corporatfon or governmental entity (othe= than the City) located within the Couaty or any county adjacent to the County. Cateqory II includes, except to the extent excluded Ly the last paraqraph of this subsection, incoa^e of any nature from any source, including but not linited to any salary, �raqe, advance, payment, dividend, i.nterest, rent, cap- ital qain, return of.caQital, qift (�ertdofgindebtedness,food or beveraqe), loan forqiveness or paY discount in the pzice of anythinq of value unless the discount is available to members of the public without reqard to offi- cial status. rebate, reimburse�ent of expenses, per diem, or contribution to an insurance or pension proqrart paid by any person other than an employer. Incoate of an individual includes any community pro- perty interest of the designated employee in income of his or her spOuse. autd a pro rata share of any incoa+e of any busir_ess entity or trust in r+hich the desiqnated employee or his or her spouse owns, directly, indirectly, or beneficially, a ten pzr cent (lOt) interest or greater. Cateqory II does not include: (1) cartpaign contri- butions required to be reported under Chapter a(commencinq With Section 84100) of Title 9 of the Governreent Code; (2) salary and reimbursement for expenses or per dierm receive3 fram a state or lucal government agency and reimbursement for travel expenses and per diera received fzom a bona fide educational, acadetaic or charitable orqanization; (3) qifts of informational material, such as books. PanPhlets, reports, calendars or per- iodicalst (4) qifts xhich are not used and which, within thirty (30) days after receipt, aze returr_ed to the donor or delivered xr er. �� Paqe 1. :, ...F , . '� T to a charitable orqanization rrithout being claira�d as a chari- table e�ntributioet for tax purpos�ss (5) qifts from an indi- vidual's apouse. child, parent, grandparent, qran3chfld, brother, sister, parent-in-law, brother-in-law, sister-in-laa, aunt, uncle, or iirst cousin or the spouse of any such person; proviQed that a qift from any such perso� shall be considered ��pee it the donor is actinq as an aqent or intermediary for any person not covered by this paragraph; (6) any devise or inheritanc:et (7) fntereat, dividends or premiuras on a time or clemand deposit in a financial institution, shares in a credit wnion oz any inauzance policy, payments received under any iaaurance policy, or any bond or other debt instrur.►ent issued by any qavernr�ent or qovermaent aqency; (8) dividends, interest pz any other return on a security which is reqistered with the Securities and Exchanqe Canmission of the United States Government. ^ATEGORY NO. IIIs SUSINESS ENTITIES Cateqory III relates to business entities, including parents, subsidiaries or otherwise related business entities, Which (1) have an interest in real property located in part or in ahole within the boundariea of the City, within tWo milea thereof or Within tao miles of land awned or used by the Cfty. (2) do business or plan to do business within the City, or (3) have done business Mithin the City at any tfine durinq the tr+o years prior to the time that the disclosure statement of the relevant designated enployee is filed. Cateqory IZZ includes any f inancial interest in or security issued by a business entity, includinq but not limited to common stock, preferred stock, riqhts, warrants, options. debt instrucnents and any partnership or other ownership interest. Investments of an individual include a Qro rata share of investments of any business entity or trust in �+hiclt the designated employee or his or her spouse arms, directly, in- directly, or beneficially, a ten per cent (10�) interest or greater. Investment does not include a tisne or der.iand deposit in a financial institution, shares in a credit union, any insurance pOlicy or any bond or other debt instrument issued by any qoveznment or qovernrbent aqency. No asset shall be deemed an investment unless its fair market value exceeds One Thousand Dollars ($1,000.00). . EXHIBIT "8" , e Paqe 2. :�