HomeMy WebLinkAboutCC RES 01-108RESOLUTION NO. 01-108
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING AND ADOPTING AN
AMENDED APPENDIX OF THE CONFLICT OF INTEREST CODE
PURSUANT TO THE POLITICAL REFORM ACT OF 1974
(AMENDING RESOLUTION NO. 00-136)
WHEREAS, the Legislature of the State of California enacted the Political Reform
Act of 1974, Government Code Section 81000 et seg. (the "Act"), which contains
provisions relating to conflicts of interest that 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 Council adopted a Conflict of Interest Code, which was
amended on December 14, 2000, 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 Appendix of 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 that 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 Appendix of
the Conflict of Interest Code at a regular meeting of the City Council on September 27,
2001, 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 Appendix of
the Conflict of Interest Code, a copy of which is attached hereto and shall be on file along
with the Conflict of Interest Code with the City Clerk and available for inspection to the
public;
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RESOLUTION NO. 01-108
BE IT FURTHER RESOLVED that the said amended Appendix of the Conflict of
Interest Code shall become effective on October 29, 2001, 30 days after the date of its
adoption and approval.
PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert
City Council held on this 27th day of September, 2001, by the following vote, to wit:
AYES: BENSON, CRITES, KELLY, SPIEGEL, FERGUSON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
Z
_g?..1 SHEILA R. GILLIGAN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
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LAW OFFICES OF
BEST BEST & KRIEGER LLP
RESOLUTION NO. 01-108
APPENDIX
CONFLICT OF INTEREST CODE
OF THE
CITY OF PALM DESERT
(Amended September 27, 2001)
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
v- 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. § 18701(b), 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 et seq.) . [Regs. § 18730(b)(3)]
OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
It has been determined that the positions listed below are Other City Officials
who manage public investments:
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Investment and Finance Committee
Investment Manager
Financial Consultant 2
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LAW OFFICES OF
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RESOLUTION NO. 01-108
DESIGNATED POSITIONS
GOVERNED BY THE CONFLICT OF INTEREST CODE
DESIGNATED EMPLOYEES' DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
Administrative Fire Captain (Fire Marshal) 2, 3, 6
Architectural Review Commission 1, 2
Art in Public Places Commission 2, 6
Assistant City Manager, Community Services 2, 3, 6
Assistant City Manager, Development Services 2, 3, 6, 7
Assistant City Manager, RDA/Housing/Economic Development 1, 2
Assistant Engineer 2, 3, 6, 7
Assistant Planner 2, 3, 6, 7
Assistant to the City Manager 5
Associate Engineer 2, 3, 6, 7
Associate Planner 2, 3, 6, 7
Associate Transportation Planner 2, 3, 6, 7
Battalion Chief 6, 7
Building and Safety Director 2, 3, 6, 7
Building Board of Appeals and Condemnation 1, 2
Building Inspector (ALL) 2, 3, 6, 7
Building Inspector Manager 2, 3, 6, 7
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LAW OFFICES OF
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DESIGNATED EMPLOYEES'
TITLE OR FUNCTION
RESOLUTION NO. 01-108
DISCLOSURE CATEGORIES
ASSIGNED
Building Maintenance Coordinator 6
Building Permit Specialist (ALL) 2, 3, 6, 7
Business Support Manager 3, 5
Business Support Technician (ALL) 6
City Attorney (not filing under Gov Code 87200) 1, 2
City Clerk / Director of Community Affairs 1, 2
Civic Arts Committee 2, 3, 6
Code Compliance Officer (ALL) 2, 3, 6, 7
Code Compliance Manager 2, 3, 6, 7
Community Affairs Specialist 6
Community Arts Manager 2, 3, 6
Construction Contract Specialist 2, 3, 6
Contracts Administrator 5
Deputy City Clerk 6
Development Manager 1, 2
Director of Community Development 1, 2
Director of Housing 2, 3, 6
Director of Human Resources 6
Director of Public Works/City Engineer 2, 3, 6, 7
Director of Redevelopment 1, 2
— Directors, El Paseo Business Association 1, 2
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LAW OFFICES OF
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DESIGNATED EMPLOYEES'
TITLE OR FUNCTION
RESOLUTION NO. 01-108
DISCLOSURE CATEGORIES
ASSIGNED
Engineer, Senior 2, 3, 6, 7
Engineering Manager 2, 3, 6, 7
Engineering Technician (ALL) 2, 3, 6, 7
Environmental Conservation Manager 1, 2
Finance Operations Manager 2, 3, 6
Fire Chief 2, 3, 6, 7
Housing Commission 1, 2
Housing Manager 1, 2
Information Systems Manager 6
Information Systems Technician 6
Landscape Inspector 3, 6
Landscape Manager 3, 6
Landscape Specialist 3, 6
Maintenance Services Manager 6
Management Analyst (ALL) 6
Marketing Manager 6
Parks and Recreation Commission 1, 2
Parks and Recreation Planning Manager 1, 2
Parks Maintenance Supervisor 6
Planning Manager 2, 3, 6, 7
Planning Technician 2, 3, 6, 7
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LAW OFFICES OF
BEST BEST & KRIEGER LIP
DESIGNATED EMPLOYEES'
TITLE OR FUNCTION
RESOLUTION NO. 01-108
DISCLOSURE CATEGORIES
ASSIGNED
Plans Examiner 2, 3, 6, 7
Police Captain 6, 7
Police Chief 6, 7
Police Lieutenant 6, 7
Project Area Committee 1, 2
Project Administrator 2, 3, 6
Promotion Committee 6
Public Safety Commission 1, 2
Public Works Inspector (ALL) 2, 3, 6, 7
Redevelopment Agency Executive Director 1, 2
Redevelopment Finance Manager 2, 3, 6
Redevelopment/Housing Construction/
Maintenance Inspector 2, 3, 6, 7
Redevelopment Manager 2, 3, 6
Rehabilitation Construction Specialist (ALL) 2, 3, 6
Rent Review Commission 1, 2
Risk Manager 6
Senior Engineer/City Surveyor 2, 3, 6, 7
Special Projects Administrator 3, 6
Streets Maintenance Supervisor 6
Supervising Plans Examiner 2, 3, 6, 7
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LAW OFFICES OF
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DESIGNATED EMPLOYEES'
TITLE OR FUNCTION
RESOLUTION NO. 01-108
DISCLOSURE CATEGORIES
ASSIGNED
Technology Committee 6
Traffic Signal Technician (ALL) 6
Transportation Engineer (ALL) 2, 3, 6
Visitor Information Center Manager 6
Consultant'-`
1/
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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LAW OFFICES OF
BEST BEST & KRIEGER LLP
RESOLUTION NO. 01-108
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.
Cateaory 1: All investments and business positions in, and sources of
income from, business entities that do business or own real property within the jurisdiction
of the City, plan to do business or own real property within the jurisdiction of the City within
the next year, or have done business or owned real property within the jurisdiction of the
City within the past two (2) years.
Cateaory 2: All interests in real property which is located in whole or in part
within, or not more than two (2) miles outside, the jurisdiction of the City.
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 6: 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.
Cateaory 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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