HomeMy WebLinkAboutCC RES 02-153RESOLUTION NO. 02- 153
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING THE APPENDIX OF THE
CONFLICT OF INTEREST CODE PURSUANT TO THE
POLITICAL REFORM ACT OF 1974
WHEREAS, the Legislature of 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 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 (the "Code"),
which was amended on September 27, 2001, 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 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 Appendix was provided
each designated employee and publicly posted for review at the offices of the City; and
WHEREAS, a public meeting was held upon the proposed amended Appendix
at a regular meeting of the City Council on December 12, 2002, at which all present
were given the opportunity to be heard on the proposed amended Appendix.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Palm Desert, California, 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;
BE IT FURTHER RESOLVED that the said amended Appendix of the Conflict
of Interest Code shall become effective on January 11, 2003, thirty (30) days after the
date of its adoption and approval.
RESOLUTION NO. 02- 153
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert
City Council, held on this 12th day of December , 20 02 , by the
following vote, to wit:
AYES: CRITES, FERGUSON, KELLY, SPIEGEL, BENSON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Jr/5;,14,d'A'*—
. BENSON, MAYOR
ATTEST:
a2,
RAC H LLE D. KLASSN,CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
LAW OFFICES OF
BEST BEST & KRIEGER LLP RESOLUTION NO. 02-153
APPENDIX
CONFLICT OF INTEREST CODE
OF THE
CITY OF PALM DESERT
(Amended December 12, 2002)
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 as defined by 2 Cal. Code of Regs. § 18701(b), are NOT subject to
the City's Code but are subject to the disclosure requirements of the Act. (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 investments3'. These positions are listed here for informational
purposes only.
3/
Investment and Finance Committee
Investment Manager
Deputy City Treasurer
Financial Consultants 4'
Individuals holding one of the above -listed positions may contact the FPPC for
assistance or written advice regarding their filing obligations if they believe that their
position has been categorized incorrectly. The FPPC makes the final determination
whether a position is covered by § 87200.
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LAW OFFICES OF
BEST BEST & KRIEGER LLP
RESOLUTION NO. 02-153
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
Building Maintenance Coordinator 6
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LAW OFFICES OF
BEST BEST & KRIEGER LLP
RESOLUTION NO. 02-153
DESIGNATED EMPLOYEES' DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
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 6
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
Contracts Administrator 5
Deputy City Clerk 6
Development Manager 1, 2
Director of Community Affairs 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
Director of Special Programs 1, 2
Directors, El Paseo Business Association 1, 2
Engineer, Senior 2, 3, 6, 7
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LAW OFFICES OF
BEST BEST & KRIEGER LLP
RESOLUTION NO. 02-153
DESIGNATED EMPLOYEES' DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
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
Housing Programs Coordinator 2, 3, 6
Human Resources Manager 6
Information Systems Analyst 6
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 and Recreation Planning Technician 2, 3, 6, 7
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LAW OFFICES OF
BEST BEST & KRIEGER LLP
RESOLUTION NO. 02-153
DESIGNATED EMPLOYEES'
TITLE OR FUNCTION
Parks Maintenance Supervisor
Planning Manager
Planning Technician
Plans Examiner
Police Captain
Police Chief
Police Lieutenant
Project Area Committee
Project Administrator
Promotion Committee
Public Art Coordinator
Public Arts Manager
Public Relations Coordinator
Public Safety Commission
Public Works Inspector (ALL)
Redevelopment Agency Executive Director
Redevelopment Finance Manager
Redevelopment/Housing Construction/
Maintenance Inspector
Redevelopment Manager
Rehabilitation Construction Specialist (ALL)
Rent Review Commission
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DISCLOSURE CATEGORIES
ASSIGNED
6
2,3,6,7
2,3,6,7
2,3,6,7
6, 7
6, 7
6, 7
1, 2
2, 3, 6
6
6
2, 3, 6
6
1, 2
2,3,6,7
1, 2
2,3,6
2, 3, 6, 7
2, 3, 6
2,3,6
1, 2
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LAW OFFICES OF
BEST BEST & KRIEGER LLP
RESOLUTION NO. 02-153
DESIGNATED EMPLOYEES' DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
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
Technology Committee 6
Traffic Signal Technician (ALL) 6
Transportation Engineer (ALL) 2, 3, 6
Visitor Information Center Manager 6
Consultant-'
4/
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. 02-153
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.
Cateaory 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.
Cateaory 4: All investments and business positions in, and sources of
income from, business entities that are banking, savings and loan, or other financial
institutions.
Cateaory 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.
Cateaory 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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