HomeMy WebLinkAboutCC RES 96-73RESOLUTION NO. 96-73
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT ADOPTING AN AMENDED CONFLICT OF
INTEREST CODE PURSUANT TO THE POLITICAL REFORM
ACT OF 1974
WHEREAS, the Legislature of the State of California has enacted the
Political Reform Act of 1974, Government Code Section 81000 et aeg. (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
requires all public agencies to adopt and promulgate a Conflict of Interest Code; and
WHEREAS, the City adopted a Conflict of Interest Code which was
amended on January 14, 1993, in compliance with the Act; and
WHEREAS, subsequent amendments to and changes in the Act and the
regulations of the Fair Political Practices Commission by the Legislature and the
Commission, as well as 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 Conflict of Interest 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 Conflict of Interest Code
was provided each designated employee and publicly posted for review at the offices
of the City Clerk; and
WHEREAS, a public meeting was held upon the proposed amended
Conflict of Interest Code at a regular meeting of the City Council on December 12,
1996, at which all present were given an opportunity to be heard on the proposed
amended Conflict of Interest Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Palm Desert that the City Council does hereby 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 for inspection to the public;
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BE IT FURTHER RESOLVED that the said amended Conflict of Interest
Code shall become effective 30 days after the date of adoption of the Code.
APPROVED AND ADOPTED this 12th day of December, 1996.
Mayor, City o Palm Desert
ATTEST:
ity Clerk, C' y of Palm Desert
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CONFLICT OF INTEREST CODE
OF THE
CITY OF PALM DESERT
Amended December 12,1996
The following amended Conflict of Interest Code of the City of Palm Desert was
approved and adopted by Resolution No. 96-73 of the City Council on December 12, 1996.
Dated: 12-12-96
City Clerk;City of Palm De ert
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TABLE OF CONTENTS
PAGE
Section A. PURPOSE 1
1. Statement of Purpose 1
Section B. DEFINITION OF TERMS 2
1. Definitions 2
Section C. DISCLOSURE STATEMENTS 2
1. Designated Employees 2
2. Disclosure Requirements 3
3. Statements of Economic Interests: Time of Filing; Contents Thereof 3
4. Statements for Persons Who Resign Prior to Assuming Office 5
5. Place of Filing Statements 5
6. Forms for Statements 6
Section D. MANNER OF REPORTING 6
1. Contents of Reports of Investments and Interests in Real Property 6
2. Contents of Reports of Personal Income 7
3. Contents of Reports of Business Entity Income 8
4. Contents of Reports of Business Position Disclosure 9
5. Acquisition or Disposal During Reporting Period 9
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TABLE OF CONTENTS
(Continued)
PAGE
Section E. HONORARIA AND GIFTS: 9
1. Prohibition on Receipt of Honoraria. 9
2. Prohibition on Receipt of Gifts 10
Section F. DISQUALIFICATION: 10
1. Disqualification Requirements 10
2. Procedures for Disqualification 11
3. Rights as Citizen 12
4. Rule of Necessity 13
Section G. OPINIONS OF THE COMMISSION AND COUNSEL: 13
1. Request for Opinion and Reliance 13
2. Evidence of Good Faith 13
Section H. LEGISLATIVE OR JUDICIAL AMENDMENTS: 14
1. Automatic Amendment of Code 14
Section I. FORCE AND EFFhCT OF CODE: 15
1. Violations 15
APPENDIX 16
1. EXHIBIT "A" - Designated Positions 16
2. EXHIBIT "B" - Disclosure Categories 21
ADDENDUM 22
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CONFLICT OF INTEREST CODE
OF THE
CITY OF PALM DESERT
(Amended December 12, 1996)
Section A. PURPOSE:
1. Statement of Purpose. It is the purpose of this Code to provide for the
disclosure of designated employees' assets and income which may be materially affected by their
official actions, and, in appropriate circumstances, to provide that designated employees should be
disqualified from acting in order that conflicts of interest may be avoided. Nothing contained herein
is intended to modify or abridge the provisions of the Political Reform Act of 1974 (Government
Code Section 81000 ei aeq.). The requirements of this Code are in addition to other requirements
of the Political Reform Act and to other state or local laws pertaining to conflicts of interest. [Gov.
Code § 81002(c); 2 Cal. Code of Regs. § 18730(a)]
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Section B. DEFINITION OF TERMS:
1. Definitions. This Code contains a number of key terms, such as "designated
employee," "interests in real property within the jurisdiction," "investments in business entities,"
"income," and decisions "made" or "participated in" by a designated employee, which are defined in
the Political Reform Act of 1974 and the regulations of the Fair Political Practices Commission (2
Cal. Code of Regs. Sections 18100 gt seq,). These definitions and regulations, and any amendments
to the Act or regulations, are incorporated by reference into this Conflict of Interest Code. [2 Cal.
Code of Regs. § 18730(b)(1)]
Summaries of certain definitions are contained in the attached Addendum which is
provided for convenience of reference only and is not a part of this Code. The definitions of key
terms contained in the Act or the regulations are amended and changed from time to time. The
summaries of definitions contained in the Addendum will be updated accordingly on a periodic basis.
Section C. DISCLOSURE STATEMENTS:
1. Designated Employees. The persons holding positions listed in Exhibit "A"
of the Appendix of this Code are "designated employees." The City has determined that these
officers and employees make or participate in the making of decisions which may foreseeably have
a material effect on financial interests. [Gov. Code §§ 87302(a), 82019; 2 Cal. Code of Regs. §
18730(b)(2)]
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2. Disclosure Requirements. Each designated employee shall file statements, as
described herein, disclosing interests in real property, investments in business entities, business
positions held, and income or sources of income received during the previous calendar year which
might foreseeably be affected materially by the operations of the City. The disclosure categories set
forth in Exhibit "B" of the Appendix specify which kinds of financial interests are reportable. The
City has determined that the types of investments, interests in real property, business positions,
income, and sources of income assigned to each designated employee in Exhibit "A" of the Appendix
are of the type that may be affected materially by decisions made or participated in by the designated
employee by virtue of his or her position and are reportable.
This Code does not establish any disclosure obligation for those designated employees
who are also specified in Government Code Section 87200. Such persons are covered by this Code
for disqualification purposes only. [Gov. Code §§ 87302(a), 87302(b); 2 Cal. Code of Regs. §
18730(b)(3)]
3. Statements of Economic interests: Time of Filing: Contents Thereof.
(a) Initial Statements. All designated employees employed 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. Initial
statements shall disclose any reportable investments, interests in real property, and business
positions held on the effective date of this Code, and income, including gifts, loans, and
honoraria received during the 12 months prior to the effective date of this Code.
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(b) Assuming Office Statements. All persons who are elected, appointed,
promoted or transferred to a designated position after the effective date of this Code shall file
statements within 30 days after assuming the designated position, disclosing any reportable
investments, interests in real property, and business positions held on the date of assuming
office, and income, including gifts, loans, and honoraria received during the 12 months prior
to assuming office.
(c) Annual Statements. Annual statements shall be filed by all designated
employees on or before April 1 of each year, disclosing any reportable investments, interests
in real property, business positions and income held or received during the previous calendar
year.
(d) Leaving Office Statements. Every designated employee who leaves
office and does not assume another designated position for the City shall file a statement
within 30 days after leaving office disclosing any reportable investments, interests in real
property, business positions and income held or received during the period since the last
previous statement was filed. [Gov. Code § 87302(b); Regs. §§ 18730 (b)(5), 18730(b)(6)]
(e) Candidates' Statements. Candidates for election to City positions shall
file a statement no later than the final date for filing a declaration of candidacy, disclosing
reportable investments, interests in real property and business positions held on said final date
for filing a declaration of candidacy, and income, including gifts, loans, and honoraria received
during the 12 months prior to said final date for filing a declaration of candidacy. This
Subsection shall not apply to candidates who filed statements with the City within 60 days
prior to filing a declaration of candidacy under Subsections (a), (b) or (c) of this Section.
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4. 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 City, or receive, or become entitled to receive, any form of payment
by virtue of being appointed to the position. [Gov. Code § 87302(d); Regs. §
18730(b)(5.5)]
5. Place of Filing Statements. All designated employees required to submit a
statement of economic interests shall file the original with the City Clerk as the City's filing officer.
The filing officer shall make and retain a copy of all statements filed by the City Council, Planning
Commission, City Manager, City Attorney, City Treasurer and all other officials who manage public
investments, and forward the originals of such statements to the Fair Political Practices Commission.
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The filing officer shall retain the originals of the statements of all other designated employees. [Gov.
Code §§ 82011(a), 87500(k); Regs. §§ 18730(b)(4), 18115(b)(1), 18753(d)]
6. Forms for Statements. Forms for filing disclosure statements shall be supplied
by the filing officer, and shall adhere to the form prescribed by the Fair Political Practices
Commission. [Gov. Code § 81010(a); Regs. §§ 18730(b)(7), 18115 (b)(2)]
Section D. MANNER OF REPORTING:
1. Contents of Reports of Investments and Interests in Real Property.
Investments and interests in real property which have a fair market value of less than one thousand
dollars ($1,000) are not investments and interests in real property within the meaning of the Political
Reform Act.
Investments or interests in real property of an individual include those held by the
individual's spouse and dependent children, as well as the 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% or greater.
When an investment or interest in real property" is required to be reported under this
Code, the statement shall contain the following:
(a) A statement of the nature of the investment or interest;
1.
For the purpose of disclosure only (not disqualification), an interest in real property does not
include the principal residence of the filer. [Gov. Code §§ 87302(b), 87206(0; Regs. §
18730(b) fn 3]
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(b) 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;
(c) The address or other precise location of the real property;
(d) A statement whether the fair market value of the investment or interest
in real property exceeds one thousand dollars ($1,000), exceeds ten thousand dollars
($10,000), or exceeds one hundred thousand dollars ($100,000). [Gov. Code §§ 82033,
82034, 87206, 87302(b); Regs. §§ 18730(b)(7)(A)]
2. Contents of Reports of Personal Income. Personal income of a designated
employee includes his or her own income as well as his or her community property interests in the
income of his or her spouse but does not include salary or reimbursement for expenses received from
a state, federal or local government agency.
When personal income is required to be reported under this Code, the statement shall
contain:
(a) The name and address of each source of income aggregating two
hundred fifty dollars ($250) or more in value per year, or fifty dollars ($50) or more in value
if the income was a gift, and a general description of the business activity, if any, of each
source;
(b) A statement whether the aggregate value of the income from each
source, or in the case of a loan, the highest amount owed to each source, was one thousand
dollars ($1,000) or less, greater than one thousand dollars ($1,000), or greater than ten
thousand dollars ($10,000),
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(c) A description of the consideration, if any, for which the income was
received;
(d) In 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;
(e) In the case of a loan, the annual interest rate and the security, if any,
given for the loan. [Gov. Code §§ 82030(a), 82030(b)(2), 87302(b), 87206(f). 87207(a);
Regs. § 18730(b)(7)(B)]
3. Contents of Reports of Business Entity Income. 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% or greater interest. 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.
When income of a business entity, including income of a sole proprietorship, is
required to be reported under this Code, the statement shall contain:
(a) The name, address and a general description of the business activity
of the business entity; and
(b) 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 ten thousand dollars ($10,000) during a calendar year. [Gov. Code §§ 87302(b),
87207(b); Regs. § 18730(b)(7)(C)]
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4. Contents of Reports of 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. [Gov. Code § 87302; Regs.
§ 18730(b)(7)(D)]
5. Acquisition or Disposal During Reporting Period. In the case of an annual
statement or a leaving office statement, the statement shall include any investments and interests in
real property that was partially or wholly acquired or disposed of at any time during the period
covered by the statement, whether or not they are still held at the time of filing, and shall contain the
date of acquisition or disposal. [Gov. Code §§ 87302(b), 87206, 87204; Regs. § 18730(b)(7)(E)]
Section E. HONORARIA AND GIFTS:
1. Prohibition on Receipt of Honoraria. No designated employee or candidate
for elective office under this Code shall accept any honorarium from any source if he or she would
be required to report the receipt of income or gifts from that source on his or her statement of
economic interests.
This Section does not limit or prohibit payments, advances, or reimbursements for
travel , including actual transportation and related lodging and subsistence which is reasonably related
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to a governmental purpose as specified in Government Code Section 89506. [Gov. Code § 89502(c);
Regs. § 18730(b)(8)(B)]
2. Prohibition on Receipt of Gifts. No designated employee or candidate for
elective office under this Code shall accept any gifts with a total value of more than $280' in a
calendar year from any single source if he or she would be required to report the receipt of income
or gifts from that source on his or her statement of economic interests.
This Section does not limit or prohibit payments, advances, or reimbursements for
travel and related lodging and subsistence permitted by Government Code Section 89506; or wedding
gifts and gifts exchanged between individuals on birthdays, holidays, and other similar occasions,
provided that the gifts exchanged are not substantially disproportionate in value. [Gov. Code §
89503; Regs. § 18730(b)(8.1)(B)]
Section F. DISQUALIFICATION:
1. Disqualification Requirements. Designated employees must disqualify
themselves from making, participating in the making, or using their governmental positions to
influence the making of any governmental decision when it is reasonably foreseeable that such
decision will have a material financial effect, distinguishable from its effect upon the public generally,
on the official, or a member of his or her immediate family, or on:
Beginning January 1, 1993, the FPPC shall adjust the gift limitation in this section on January
1 of each odd -numbered year to reflect changes in the Consumer Price Index, rounded to the
nearest $10. [Gov. Code § 89503(0]
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(a) Any business entity in which the designated employee has a direct or
indirect investment worth one thousand dollars ($1,000) or more;
(b) Any real property in which the designated employee has a direct or
indirect interest worth one thousand dollars ($1,000) 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 two hundred fifty dollars ($250) 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 two hundred eighty dollars ($280) 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. [Gov. Code § 87302(c); Regs. § 18730(b)(9)]
2. Procedures for Disqualification. When a designated employee determines that
he or she has a disqualifying interest in a decision, the determination not to act must be accompanied
by disclosure of the disqualifying interest. If there is a disqualification, the following procedures are
to be followed:
(a) Members of the City Council. Planning Commission. Redevelopment
Agencyand all other City boards or commissions: In the case of a designated employee who
is a member of the City Council, Planning Commission, Redevelopment Agency, and any
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other City board or commission, determination and disclosure shall be given at the meeting
during which consideration of the decision takes place and shall be made a part of the official
record of that Council, Board or Commission.
(b) City Manager: In the case of a designated employee who is the City
Manager of the City, determination and disclosure shall be made in writing to the City
Council.
(c) Other Designated Employees: Determination and disclosure shall be
made in writing to his or her supervisor so that the work may be reassigned to another.
(d) Consultant: Determination and disclosure shall be made in writing to
the City Manager. [Gov. Code §87302(c); Regs. § 18730(b)(10)]
3. Rights as Citizen. Nothing contained herein shall abridge the right of any
designated employee to contact the City to submit information or express views in the same manner
as any other member of the general public before the City in its prescribed governmental function
solely to represent himself or herself on a matter relating to his or her personal interests. A person's
"personal interests" include, but are not limited to:
(a) An interest in real property which is wholly owned by the person or
members of his or her immediate family;
(b) A business entity wholly owned by the person or members of his or her
immediate family;
(c) A business over which the person exercises sole direction and control,
or over which the person and his or her spouse jointly exercise sole direction and control.
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Nothing contained herein shall be construed to abridge the right of any designated
employee to communicate with the general public or with the press. [Gov. Code § ; Regs. §
18700.1(b)]
4. Rule of Necessity. This Code does not prevent a designated employee from
making or participating in the making of a governmental decision to the extent that his or her
participation is legally required for the action or decision to be made. The 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 the purposes of this Section. The City Attorney shall advise any
designated employee on a case -by -case basis whether or not the "Rule of Necessity" is applicable.
[Gov. Code §§ 87101, 87302(c); Regs. § 18730(b)(9.3)]
Section G. OPINIONS OF THE COMMISSION AND COUNSEL:
1. Request for Opinion and Reliance. Any designated employee who is unsure
of any duty, right, or privilege of participation in any matter under this Code or under the provisions
of the Political Reform Act of 1974 may request a formal opinion or letter of advice from the Fair
Political Practices Commission or an opinion from the City Attorney. Nothing in this Section shall
require the City Attorney to issue any formal or informal opinion. [Gov. Code § 83114; Regs. §
18730(b)(11)]
2. Evidence of Good Faith. If an opinion is rendered by the City Attorney or the
Fair Political Practices Commission stating in full the facts and law upon which the opinion is based,
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compliance therewith by the designated employee is evidence of good faith in any criminal proceeding
and is a presumption affecting the burden of proof of any civil proceeding brought under the Act or
this Code. The designated employee's good faith compliance with such opinion shall also constitute
a complete defense to any disciplinary action brought by the City under Section 91003.5 of the Act
or this Code. [Gov. Code § 83114; Regs. § 18320]
Section H. LEGISLATIVE OR JUDICIAL AMENDMENTS:
1. Automatic Amendment of Code. All amendments or changes to the provisions
of the Political Reform Act of 1974, occurring as the result of legislative amendment or judicial
decision only, shall automatically and immediately be incorporated into this Code and this Code shall,
without further action, thereupon be deemed amended and changed to reflect such legislative or
judicial amendment or decision.
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Section I. FORCE AND EFFECT .OF CODE:
1. Violations. 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 by the Political Reform Act of 1974, Government Code Section 81000 el seq.
Additionally, a decision in relation to which a violation of the disqualification
provisions of this Code or Government Code Section 87100 has occurred may be set aside as void
pursuant to Government Code Section 91003. [Gov. Code § 87300; Regs. § 18730(b)(12)]
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APPENDIX
CONFLICT OF INTEREST CODE
OF THE
CITY OF PALM DESERT
EXHIBIT "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 are included in and governed by this Conflict of Interest Code only with respect to its
disqualification provisions. For purposes of disclosure, 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. § 18720, are subject
to the statutory conflict of interest provisions of Article 2 of Chapter 7 of the Political Reform Act
of 1974 (Government Code Section 87200 gI a.) and must file Form 721 Statements of Economic
Interests. [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 investments:
Investment and Finance Committee
Investment Manager
DESIGNATED POSITIONS
DESIGNATED EMPLOYEES' DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
Accounting Manager 6
Administrative Fire Captain (Fire Marshal) 2, 3, 6
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DESIGNATED EMPLOYEES' DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
Architectural Review Commission 1, 2
Assistant City Manager/Director of Administrative Services 1, 2
Assistant City Manager / Public Works Director / Engineer 2, 3, 6
Assistant Engineer 2, 3, 6
Assistant Planner 2, 3, 6
Associate Engineer 2, 3, 6
Associate Planner 2, 3, 6
Battalion Chief 6, 7
Building and Safety Director 2, 3, 6, 7
Building Board of Appeals and Condemnation 1, 2
Building Inspector I, II 2, 3, 6, 7
Building Inspector, Senior 2, 3, 6, 7
Building Inspector Supervisor 2, 3, 6, 7
Building Maintenance Coordinator 6
Building Permit Specialist I, II 2, 3, 6, 7
City Attorney (not filing Form 721) 1, 2
City Clerk / Director of Community Affairs 1, 2
Civic Arts Committee 2, 3, 6
Code Compliance Officer I, II 2, 3, 6, 7
Code Compliance Officer, Senior 2, 3, 6, 7
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DESIGNATED EMPLOYEES' DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
Community Arts Manager 2, 3, 6
Deputy City Clerk 5
Director of Code Compliance 2, 3, 6, 7
Director of Community Development 1, 2
Economic Development Advisory Committee 1, 2
Economic Development Manager 1, 2
Engineering Manager 2, 3, 6, 7
Engineering Technician I, II 2, 3, 6, 7
Engineering Technician, Senior 2, 3, 6, 7
Environmental Conservation Manager 1, 2
Fire Chief 2, 3, 6, 7
Graphic Artist 6
Human Resources Manager 5
Maintenance Services Manager 6
Management Analyst I, II 5
Management Analyst, Senior 5
Parks and Recreation Commission 1, 2
Parks Maintenance Supervisor 6
Planning Manager 2, 3, 6, 7
Planning Technician 2, 3, 6, 7
Plans Examiner 2, 3, 6, 7
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DESIGNATED EMPLOYEES' DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
Police Captain 6, 7
Police Chief 6, 7
Police Lieutenant 6, 7
Project Area Committee 1, 2
Project Coordinator 2, 3, 6
Promotion Committee 1, 2
Public Works Inspector 2, 3, 6, 7
Public Works Inspector, Senior 2, 3, 6, 7
Redevelopment Agency Executive Director 1, 2
Redevelopment Analyst 2, 3, 6
Redevelopment Manager 2, 3, 6
Rent Review Commission 1, 2
Risk Manager 5
Streets Maintenance Supervisor 6
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DESIGNATED EMPLOYEES' DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
Supervising Plans Examiner 2, 3, 6, 7
Transportation Engineer 2, 3, 6
Consultant33 1, 2, 3, 4, 5, 6, 7
3/
Consultants shall be included in the list of designated employees and shall disclose pursuant
to the broadest disclosure category in this Code subject to the following limitation:
The City Manager may determine in writing that a particular consultant, although a
"designated position," is hired to perform a range of duties that are limited in scope and thus
is not required to fully comply with the disclosure requirements described in this Section.
Such written determination shall include a description of the consultant's duties and, based
upon that description, a statement of the extent of disclosure requirements. 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.
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EXHIBIT "B"
DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of investments, business
entities, sources of income, or real property which the designated employee must disclose for each
disclosure category to which he or she is assigned.
Category 1: All investments and business positions in, and sources of income from,
business entities that do business with the City or own real property within the boundaries of the City,
plan to do business with or own real property within the boundaries of the City within the next year,
or have done business with or owned real property within the boundaries of the City within the past
two (2) years.
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 boundaries of the City.
Category_3: All investments and business positions in, and sources of income from,
business entities that are engaged in land development, construction or the acquisition or sale of real
property within the jurisdiction of the City, plan to engage in such activities within the jurisdiction
of the City within the next year, or have engaged in such activities within the jurisdiction of the City
within the past two (2) years.
Category 4: All investments and business positions in, and sources of income from,
business entities that are banking, savings and loan, or other financial institutions.
Category 5: All investments and business positions in, and sources of income from,
business entities that provide services, supplies, materials, machinery, vehicles or equipment of a type
purchased or leased by the City.
Category All investments and business positions in, and sources of income from,
business entities that provide services, supplies, materials, machinery, vehicles or equipment of a type
purchased or leased by the Designated Employee's Department.
Category 7: All investments and business positions in, and sources of income from,
business entities subject to the regulatory, permit or licensing authority of the Designated Employee's
Department, will be subject to such authority within the next year or have been subject to such
authority within the past two (2) years.
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ADDENDUM
REFERENCE DEFINITIONS
FOR
CONFLICT OF INTEREST CODE
OF THE
CITY OF PALM DESERT
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TABLE OF CONTENTS
EAU
1. "Public Official" A-1
2. "Designated Employee" A-2
3. "Other Public Officials Who Manage Public Investments" A-3
4. "Making Governmental Decisions" A-4
5. "Participating in the Making of Governmental Decisions" A-5
6. "Using Official Position to Influence" A-7
7. "Financial Interest" A-9
8. "Investment" A-10
9. "Interest in Real Property" A-11
10. "Real Property Within the Jurisdiction" A-11
11. "Income": A-12
12. "Gift" A-14
13. "Honorarium": A-18
14. "Material Financial Effect" A-18
15. "Business Entity" A-20
16. "City" A-20
17. "Filing Officer" A-21
18. "Act" A-21
19. "FPPC" A-21
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DEFINITIONS
1. "Public Official": Any natural person who is a member, officer, employee or
consultant of the City. The term "public official" also includes individuals who perform the same or
substantially the same duties as an individual holding an office listed in the Conflict of Interest Code
including "other public officials who manage public investments" as defined in definition No. 3,
below.
(a) "Member" shall include, but not be limited to, salaried or unsalaried
members of boards or commissions with decision -making authority. A board or commission
possesses decision -making authority whenever:
City:
(1)
It may make a final governmental decision;
(2) It may compel a governmental decision, or it may prevent a
governmental decision eitherby reason of an exclusive power to initiate the decision
or by reason of a veto which may not be overridden; or
(3)
It makes substantive recommendations which are, and over an
extended period of time have been, regularly approved without significant amendment
or modification by another public official or the City.
(b) "Consultant" means an individual who, pursuant to a contract with the
(1) Makes a governmental decision whether to:
(A) Approve a rate, rule, or regulation;
(B) Adopt or enforce a law;
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(C) Issue, deny, suspend, or revoke any permit, license,
application, certificate, approval, order, or similar authorization or
entitlement;
(D) Authorize the City to enter into, modify, or renew a
contract provided it is the type of contract which requires City approval;
(E) Grant City approval to a contract which requires City
approval and in which the City is a party or to the specifications for such a
contract;
similar item;
(F) Grant City approval to a plan, design, report, study, or
(G) Adopt, or grant City approval of, policies, standards,
or guidelines for the City, or for any subdivision thereof, or
(2) Serves in a staff capacity with the City and in that capacity
performs the same or substantially all the same duties for the City that would
otherwise be performed by an individual holding a position specified in the City's
Conflict of Interest Code. [Reg. § 18700(a)]
2. "Designated Employee": Any officer, employee, member or consultant of the
City whose position is so designated in the Appendix of the City's Conflict of Interest Code. The
Appendix sets forth those positions which entail the making or participation in the making of
decisions which may foreseeably have a material effect on financial interests, but does not include any
unsalaried member of any board or commission which serves a solely advisory function, or any public
official specified in Government Code Section 87200. [Gov. Code § 82019]
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3. "Other Public Officials Who Manage Public Investments":
(a) As used in the City's Conflict of Interest Code, this term means:
(1)
Members of boards or commissions, including pension and
retirement boards or commissions, or of committees thereof, who exercise
responsibility for the management of public investments;
(2) High-level officers and employees of the City who exercise
primary responsibility for the management of public investments, such as chief or
principal investment officers or chief financial managers. This definition shall not
include officers and employees who work under the supervision of the chief or
principal investment officers or the chief financial managers; and
(3)
Individuals who, pursuant to contract with the City, perform
the same or substantially all the same functions that would otherwise be performed
by the public officials described in this definition.
(b)
The following definitions shall apply to this Section:
(1)
"Public Investments" means the investment of public moneys
in real estate, securities, or other economic interests for the production of revenue or
other financial return.
(2) "Public Moneys" means all moneys belonging to, received by,
or held by the City, or by an officer thereof acting in his or her official capacity, and
includes the proceeds of all bonds and other evidence of indebtedness, trust funds held
by public pension and retirement systems, deferred compensation funds held for
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investments by public agencies, and public moneys held by a financial institution under
a trust indenture to which the City is a party.
(3) "Management of public investments" means the following non -
ministerial functions:
allocations; or
(c)
(A) Directing the investment of public moneys;
(B) Formulating or approving investment policies;
(C) Approving or establishing guidelines for asset
(D) Approving investment transactions.
Those public officials coming within the definition contained in
Subsection (a) above are subject to the conflict -of -interest disclosure requirements of Article
2, Chapter 7 of the Political Reform Act and must file a Form 721 Statement of Economic
Interests. [Reg. § 18720]
4. "Making Governmental Decisions": A public official "makes a governmental
decision," except as provided in Definition 5(b) herein, when he or she, acting within the authority
of his or her office or position:
(a) Votes on a matter;
(b) Appoints a person;
(c) Obligates or commits the City to any course of action;
(d) Enters into any contractual agreement on behalf of the City;
(e) Determines not to act, within the meaning of Subsections (a), (b), (c),
or (d), unless such determination is made because of his or her financial interest. When the
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determination not to act occurs because of the official's financial interest, the official's
determination must be accompanied by disclosure of the financial interest, and made a part
of the City's official record or made in writing to the official's supervisor, appointing power,
or to any other person specified in the City's Conflict of Interest Code. [Reg. § 18700(b)]
5. "Participating in the Making of Governmental Decisions":
(a) A public official "participates in the making of a governmental
decision", except as provided in Subsection (b) of this definition, when he or she, acting
within the authority of his or her office or position:
(1) Negotiates, without significant substantive review, with a
governmental entity or private person regarding the decision to:
(A) Approve a rate, rule, or regulation;
(B) Adopt or enforce a law;
(C) Issue, deny, suspend, or revoke any permit, license,
application, certificate, approval, order, or similar authorization or
entitlement;
(D) Authorize the City to enter into, modify, or renew a
contract provided it is the type of contract which requires City approval;
(E)
Grant City approval to a contract which requires City
approval and in which the City is a party or to the specifications for such a
contract;
similar item;
(F) Grant City approval to a plan, design, report, study, or
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(G) Adopt, or grant City approval of, policies, standards,
or guidelines for the City, or for any subdivision thereof; or
(2) Advises or makes recommendations to the decision -maker,
either directly or without significant intervening substantive review, by:
(A) Conducting research or making any investigation which
requires the exercise of judgment on the part of the official and the purpose
of which is to influence a governmental decision as referenced in Subsection
5(a)(1) above; or
(B) Preparing or presenting any report, analysis, or opinion,
orally or in writing, which requires the exercise of judgment on the part of the
official and the purpose of which is to influence a governmental decision as
referenced in Subsection 5(a)(1) above. [Reg. § 18700(c)]
(b) "Making" or "participating in the making of' a governmental decision
shall not include:
(1) Actions of officials which are solely ministerial, secretarial,
manual or clerical;
(2) Appearances by a public official as a member of the general
public before the City in the course of its prescribed governmental function to
represent himself or herself on matters related solely to his or her personal interests;
or
(3)
Actions by public officials relating to their compensation or the
terms or conditions of their employment or contract. In the case of public officials
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who are "consultants," as defined above, this includes actions by consultants relating
to the terms or conditions of the contract pursuant to which they provide services to
the City, so long as they are acting in their private capacity. [Reg. § 18700(d)]
6. "Using Official Position to Influence"
(a) An official is attempting to use his or her official position to influence
a governmental decision if, for the purpose of influencing the decision, the official contacts,
or appears before, or otherwise attempts to influence, any member, officer, employee or
consultant of the City. Attempts to influence, include but are not limited to, appearances or
contacts by the official on behalf of a business entity, client, or customer.
(b)
Notwithstanding Subsection (a) of this definition an official is not
attempting to use his or her official position to influence a governmental decision of the City
if the official:
(1) Appears in the same manner as any other member of the
general public before the City in the course of its prescribed governmental function
solely to represent himself or herself on a matter which is related to his or her personal
interests. An official's "personal interests" include, but are not limited to:
(A) An interest in real property which is wholly owned by
the official or members of his or her immediate family;
(B) A business entity wholly owned by the official or
members of his or her immediate family; or
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(C) A business entity over which the official exercises sole
direction and control, or over which the official and his or her spouse jointly
exercise sole direction and control.
(2) Communicates with the general public or the press.
(3)
Negotiates his or her compensation or the terms and conditions
of his or her employment contract.
(4) Prepares drawings or submissions of an architectural,
engineering or similar nature to be used by a client in connection with a proceeding
before the City. However, this provision applies only if the official has no other direct
oral or written contact with the City with regard to the client's proceeding before the
City except for necessary contact with City staff concerning the processing or
evaluation of the drawings or submissions prepared by the official.
(5)
Appears before a design or architectural review committee or
similar body of which he or she is a member to present drawings or submissions of an
architectural, engineering or similar nature which the official has prepared for a client
if the following three criteria are met:
(A) The review committee's sole function is to review
architectural or engineering plans or designs and to make recommendations
in that instance concerning those plans or designs to a planning commission
or other agency;
(B)
The ordinance or other provision of law requires that
the review committee include architects, engineers or persons in related
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professions, and the official was appointed to the body to fulfill these
requirements; and
(C) The official is a sole practitioner.
(c) With regard to a governmental decision which is within or before the
City not covered by Subsection (a) of this definition, the official is attempting to use his or
her official position to influence the decision if, for the purpose of influencing the decision,
the official acts or purports to act on behalf of, or as the representative of, the City to any
member, officer, employee or consultant of an agency. Such actions include, but are not
limited to the use of official stationery. [Reg. § 18700.1]
7. "Financial Interest": An official has a financial interest in a decision if it is
reasonably foreseeable that the decision will have a 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 public official has a direct or indirect
investment worth $1,000 or more;
(b) Any real property in which the public official has a direct or indirect
interest worth $1,000 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 $250 or more in value provided to,
received by, or promised to the public official within 12 months prior to the time when the
decision is made;
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(d) Any business entity in which the official 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 $250 or more in value provided to, received by, or promised to the public
official within 12 months prior to the time when the decision is made.
(f) "Indirect Investment or Interest": Any investment or interest owned
by the spouse or dependent child of a public official, held or owned by an agent on behalf of
a public official, or by a business entity or trust in which the official, the official's agents,
spouse and dependent children own directly, indirectly or beneficially, a 10% interest or
greater. (Gov. Code § 87103).
8. "Investment": Any financial interest in or security issued by a business entity,
including but not limited to common stock, preferred stock, rights, warrants, options, debt
instruments and any partnership or other ownership interest owned directly, indirectly or beneficially
by the public official, or other filer, or his or her immediate family, if the business entity or any parent,
subsidiary or otherwise related business entity has an interest in real property within the jurisdiction,
or does business or plans to do business within the jurisdiction, or has done business within the
jurisdiction at any time during the two years prior to the time any statement or other action is required
under the City's Conflict of Interest Code. No asset shall be deemed an investment unless its fair
market value equals or exceeds $1,000.
The term "investment" does not include a time or demand deposit in a financial
institution, shares in a credit union, any insurance policy, interest in a diversified mutual fund
registered with the Securities and Exchange Commission under the Investment Company Act of 1940
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or a common trust fund which is created pursuant to Section 1564 of the Financial Code, or any bond
or other debt instrument issued by any government or government agency.
Investments of an individual include a pro rata share of investments of any business
entity, mutual fund, or trust in which the individual or immediate family owns, directly, indirectly or
beneficially, a 10% interest or greater. [Gov. Code § 82034]
9. "Interest in Real Property": Includes any leasehold, beneficial or ownership
interest, or an option to acquire such an interest in real property located within the jurisdiction owned
directly, indirectly or beneficially by the public official, or other filer, or his or her immediate family
if the fair market value of the interest is $1,000 or more. Interests in real property of an individual
include a pro rata share of interests in real property of any business entity or trust in which the
individual or immediate family owns, directly, indirectly or beneficially, a 10% interest or greater.
[Gov. Code § 82033]
10. "Real Property Within the Jurisdiction": Jurisdiction is the region, county, city,
district, or other geographical area in which the City has control. Real property shall be deemed to
be "within the jurisdiction" if the property or any part of a parcel of real property is located within
or not more than two miles outside the boundaries of the jurisdiction of the City or within two miles
of any land owned or used by the City. [Gov. Code § 82035]
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11. "Income":
(a) "Income" means, except as provided in Subsection (b), a payment
received, including but not limited to any salary, wage, advance, dividend, interest, rent,
proceeds of any sale, gift, including any gift of food or beverage, loan, forgiveness or payment
of indebtedness received by filer, reimbursement for expenses, per diem, or contribution to
an insurance or pension program paid by any person other than an employer, and including
any community property interest in income of a spouse. Income also includes an outstanding
loan. Income of an individual also includes a pro rata share of any income of any business
entity or trust in which the individual or spouse owns, directly, indirectly, or beneficially, a
10% interest or greater.
(b) "Income," other than a gift, does not include:
(1) Income received from any source outside the jurisdiction and
not doing business within the jurisdiction, not planning to do business within the
jurisdiction, or not having done business within the jurisdiction during the two years
prior to the time any statement or other action is required;
(2) Campaign contributions required to be reported under
Chapter 4 of the Political Reform Act of 1974;
(3)
Salary and reimbursement for expenses or per diem received
from a state, local or federal government agency and reimbursement for travel
expenses and per diem received from a bona fide educational, academic or charitable
organization;
(4) Any devise or inheritance;
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(5) Interest, dividends or premiums on a time or demand deposit
in a financial institution, shares in a credit union or any insurance policy, payments
received under any insurance policy, or any bond or other debt instrument issued by
any government or government agency;
(6) Dividends, interest or any other return on a security which is
registered with the Securities & Exchange Commission of the United States
government or a commodity future registered with the Commodity Futures Trading
Commission of the United States government, except proceeds from the sale of these
securities and commodities futures;
(7)
(8)
(9)
Redemption of a mutual fund;
Alimony or child support payments;
Any loan or loans from a commercial lending institution which
are made in the lender's regular course of business on terms available to members of
the public without regard to official status if the proceeds thereof are used to
purchase, refinance the purchase of, or for improvements to, the principal residence
of the filer or the balance owed does not exceed $10,000,
(10) Any loan from an individual's spouse, child, parent,
grandparent, grandchild, brother, sister, parent -in-law, brother-in-law, sister-in-law,
nephew, niece, uncle, aunt or first cousin, or the spouse of any such person, provided
that a loan from any such person shall be considered income if the lender is acting as
an agent or intermediary for any person not covered by this paragraph;
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(11) Any indebtedness created as part of a retail installment or credit
card transaction if made in the lender's regular course of business on terms available
to members of the public without regard to official status, so long as the balance owed
to the creditor does not exceed $10,000;
(12) Payments received under a defined benefit pension plan
qualified under Internal Revenue Code Section 401(a).
(13) Proceeds from the sale of securities registered with the
Securities and Exchange Commission of the United States government or from the
sale of commodities futures registered with the Commodity Futures Trading
Commission of the United States government if the filer sells the securities or the
commodities futures on a stock or commodities exchange and does not know or have
reason to know the identity of the purchaser. [Gov. Code § 82030]
12. "Gift":
(a) Except as provided in Subsection (b), below, a gift is any payment to
the extent that consideration of equal or greater value is not received and includes a rebate
or discount in the price of anything of value unless the rebate or discount is made in the
regular course of business to members of the public without regard to official status. Any
person, other than a defendant in a criminal action, who claims that a payment is not a gift by
reason of receipt of consideration has the burden of proving that the consideration received
is of equal or greater value. [Gov. Code § 82028; Reg. § 18941(a)]
(b) None of the following is a gift and none is subject to any limitation on
gifts:
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(1) Informational material serving primarily to convey information
and which is provided for the purpose of assisting the official in the performance of
his or her official duties or the elective office he or she seeks. Informational material
may include:
(A) Books, reports, pamphlets, calendars, periodicals,
videotapes, or free or discounted admission to informational conferences or
seminars;
(B) Scale models, pictorial representations, maps, and other
such items, provided that where the item has a fair market value in excess of
$280, the burden shall be on the official to demonstrate that the item is
informational material;
(C) On -site demonstrations, tours or inspections designed
specifically for the purpose of assisting public officials or candidates in the
performance of either their official duties or of the elective office they seek.
No payment for transportation to an inspection, tour, or
demonstration site, nor reimbursement for any expenses therewith, shall be
deemed "informational material" except insofar as such transportation is not
commercially obtainable.
(2) Except for passes and tickets as provided in 2 Cal. Code of
Regs. § 18946.1, gifts which are not used and which, within 30 days after receipt, are
returned to the donor or donated to a charitable organization or government agency
without being claimed as a charitable contribution or deduction for tax purposes.
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(3) Gifts for which, within 30 days after receipt or acceptance,
reimbursement is made to the donor, or the donor's agent or intermediary, for all or
a portion of the gift. In such event the value of the gift is reduced by the amount of
the reimbursement, and the amount of any gift or activity expense which must be
disclosed is reduced by the amount of the reimbursement.
(4) Gifts from an individual'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 person, unless the donor is
acting as an agent or intermediary for any person not covered by this paragraph.
(5) Gifts given directly to members of an official's immediate
family unless used or disposed of by the official.
(A) Gifts delivered by mail or other written communication
are given directly to members of the official's immediate family if the family
members' names or familial designations (such as "spouse") appear in the
address on the envelope or in the communication tendering or offering the gift
and the gift is intended for their use or enjoyment.
(B) A gift given to the official, but designated for the
official and spouse or family, is a gift to the official if the official exercises
discretion and control over who will actually use the gift.
(C) If the official enjoys direct benefit from a single gift, as
well as members of the official's family, the full value of the gift is attributable
to the official.
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(6) Campaign contributions required to be reported under Chapter
4 of the Act.
(7) Any devise or inheritance.
(8) Personalized plaques or trophies with an individual value of
less than $250.
(9)
Hospitality to an official (including food, beverages, or
occasional lodging) provided by an individual in his or her home when the individual
or a member of the individual's family is present.
(10) Presents exchanged between an official who is required to file
a statement of economic interests and an individual, other than a lobbyist, on holidays,
birthdays, or similar occasions provided that the presents exchanged are not
substantially disproportionate in value.
(11) Free admission, and refreshments and similar non -cash nominal
benefits provided to an official during the entire event at which the official gives a
speech, participates in a panel or seminar, or provides a similar service, and actual
intrastate transportation and any necessary lodging and subsistence provided directly
in connection with the speech, panel, seminar, or service, including but not limited to
meals and beverages on the day of the activity. These items are not payments and
need not be reported by any filer.
(12) The transportation, lodging, and subsistence specified by 2 Cal.
Code ofRegs. Sections 18950.4. [Reg. § 18942.1]
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13. "Honorarium":
(a) "Honorarium" is any payment made in consideration for any speech
given, article published, or attendance at any public or private conference, convention,
meeting, social event, meal, or like gathering.
(b) The term "honorarium" does not include:
(1) Earned income for personal services which are customarily
provided in connection with the practice of a bona fide business, trade, or profession,
such as teaching, practicing law, medicine, insurance, real estate, banking, or building
contracting, unless the sole or predominant activity of the business, trade, or
profession is making speeches.
(2) Any honorarium which is not used and, within 30 days after
receipt is either returned to the donor or delivered to the City for donation without
being claimed as a deduction from income for tax purposes. [Gov. Code § 89501]
14. "Material Financial Effect": The financial effect of a governmental decision
is material if, at the time the official makes or participates in making the decision, the decision will
have a significant effect on the official or a member of the official's immediate family, or on the
source of income, the source of gifts, the business entity, or real property, which is an economic
interest of the official.
The following rules shall apply in determining whether it is reasonably foreseeable that
the effects of a governmental decision will be significant:
(a) Material Financial Effect — Specific Rules. The following regulations,
governing specific types of governmental decisions which affect certain specific types of
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economic interests, shall be utilized in determining whether the reasonably foreseeable effects
of the decision will be material with respect to the economic interest.
(1) Where an official's economic interests are directly involved in
the decision, 2 Cal. Code of Regs. Section 18702.1 applies.
(2) Where an official's economic interests are indirectly involved
in the decision the following apply:
(A) Business entities -- 2 Cal. Code of Regs. Section
18702.2;
(B) Ownership interests in real property -- 2 Cal. Code of
Regs. Section 18702.3;
(C) Leasehold interests in real property -- 2 Cal. Code of
Regs. Section 18702.4;
(D) Nonprofit source of income -- 2 Cal. Code of Regs.
Section 18702.5; and
(E) Individual source of income -- 2 Cal. Code of Regs.
Section 18702.6.
In order to determine if a decision's effect is material, it must first be
determined if the official's economic interest is directly involved and the effect of the decision
is material under 2 Cal. Code of Regs. Section 18702.1. If the official's economic interest
is not directly involved in the decision, or the effect of the decision is not material under 2
Cal. Code of Regs. Section 18702.1, then it must be determined if the effect is material under
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the appropriate regulation of 2 Cal. Code of Regs. Sections 18702.2 through 18702.6. [Reg.
§ 18702(a)]
(b) Material Financial Effect -- General Rule. Whenever the specific
provision of 2 Cal. Code of Regs. Sections 18702.1 through 18702.6, inclusive, cannot be
applied, the following general rule shall apply:
The financial effect of a governmental decision is material if the decision will
have a significant effect on the official or a member of the official's immediate family, or on
the source of income, the source of gifts, the business entity, or the real property, which is an
economic interest of the official.
(c) Public Generally Exception. Notwithstanding any determination that
the reasonably foreseeable effect of a decision is material under this regulation or under 2 Cal.
Code of Regs. Sections 18702.1 through 18702.6, an official is not disqualified from
participation in a governmental decision if the decision affects the official's interest in a
manner which is not distinguishable from the manner in which the decision will affect the
public generally, as set forth in 2 Cal Code of Regs 18703, gt. [Reg. § 18702]
15. "Business Entity": Any organization or enterprise operated for profit,
including but not limited to, a proprietorship, partnership, firm, business trust, joint venture,
syndicate, corporation or association. [Gov. Code § 82005]
16. "City": City of Palm Desert, California, a Municipal corporation.
17. "Filing Officer": The filing officer is the person who receives and retains
original statements of economic interests with duties as set forth in 2 Cal. Code of Regs Section
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18115. The filing officer shall also be the filing official for statements filed by Officials under the
Government Code Section 87200.
The filing officer/official for the City of Palm Desert shall be the City Clerk.
18. "Act": Political Reform Act of 1974, Government Code Section 81000 et q.
19. "FPPC": The Fair Political Practices Commission which was established by
the Act to administer and implement the Act.
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