HomeMy WebLinkAboutCC RES 04-124RESOLUTION NO. 04-124
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING AND ADOPTING AN
AMENDED APPENDIX TO 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 which potentially affect all officers, employees,
and consultants of the City of Palm Desert (the "City"), and which requires all public
agencies to adopt and promulgate a conflict of interest code; and
WHEREAS, the City Council adopted a Conflict of Interest Code (the "Code"), which
was amended on December 12, 2002, 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 to 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's 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 to
each affected designated employee and was publicly posted for review; and
WHEREAS, a public meeting was held upon the proposed amended Appendix at
a regular meeting of the City Council on December 9, 2004, at which all present were given
an opportunity to be heard on the proposed amended Appendix.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Palm Desert, as follows:
1. The City Council does hereby approve and adopt the proposed amended
Appendix to the City's Conflict of Interest Code, a copy of which is attached hereto and
shall be on file with the City Clerk together with the City's Conflict of Interest Code, and
available to the public for inspection and copying.
2. The amended Appendix of the Conflict of Interest Code shall become
effective thirty (30) days after the date of its adoption and approval.
RESOLUTION NO. 04-124
PASSED, APPROVED, and ADOPTED by the City Council of the City of
Palm Desert, California, at its regular meeting held on the 9th day of December, 2004, by
the following vote, to wit:
AYES: BENSON, CRITES, FERGUSON, KELLY, and SPIEGEL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
RACHELLE D. KLASSEi3, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
ROBERT A. SPIEGE(, MA*OR
2
LAW OFFICES OF
BEST BEST & KRIEGER LLP RESOLUTION NO. 04-124
APPENDIX
CONFLICT OF INTEREST CODE
OF THE
CITY OF PALM DESERT
(Amended December 9, 2004)
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
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. 04-124
DESIGNATED POSITIONS
GOVERNED BY THE CONFLICT OF INTEREST CODE
DESIGNATED EMPLOYEES' DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
Accountant II 5
Administrative Fire Captain (Fire Marshal) 2, 3, 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 Inspector (ALL) 2, 3, 6, 7
Building Inspector Manager 2, 3, 6, 7
Building Maintenance Coordinator 6
Building Permit Specialist (ALL) 2, 3, 6, 7
Business Support Manager 3, 5
Business Support Technician (ALL) 6
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LAW OFFICES OF
BEST BEST & KRIEGER LLP RESOLUTION NO. 04-124
DESIGNATED EMPLOYEES' DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
City Attorney (not filing under Gov Code 87200) 1, 2
City Clerk 6
City Engineer 2, 3, 6, 7
Code Compliance Officer (ALL) 2, 3, 6, 7
Code Compliance Manager 2, 3, 6, 7
Contracts Administrator 5
Deputy City Clerk 6
Development Manager 1, 2
Director of Community Development 1, 2
Director of Human Resources 6
Director of Public Works 1, 2
Director of Redevelopment & Housing 1, 2
Director of Special Programs 1, 2
Engineer, Senior 2, 3, 6, 7
Engineering Manager 2, 3, 6, 7
Engineering Technician (ALL) 2, 3, 6, 7
Assistant Finance Director 2, 3, 5
Financial Analyst, Sr. 5
Fire Chief 2, 3, 6, 7
GIS Technician 6
Housing Authority Administrator 1, 2
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RESOLUTION NO. 04-124
LAW OFFICES OF
BEST BEST & KRIEGER LLP
DESIGNATED EMPLOYEES' DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
Housing Programs Coordinator 2, 3, 6
Human Resources Management Analyst 6
Information Systems Analyst 6
Information Systems Manager 6
Information Systems Technician 6
Landscape Inspector (ALL) 3, 6
Landscape Manager 3, 6
Landscape Specialist 3, 6
Maintenance Services Manager 6
Management Analyst (ALL) 6
Marketing Manager 6
Parks and Recreation Planning Manager 1, 2
Parks Maintenance Supervisor 6
Planning Manager 2, 3, 6, 7
Planning Technician 2, 3, 6, 7
Plans Examiner 2, 3, 6, 7
Police Captain 6, 7
Police Chief 6, 7
Police Lieutenant 6, 7
Project Administrator 2, 3, 6
Public Art Coordinator 6
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LAW OFFICES OF
BEST BEST & KRIEGER LLP RESOLUTION NO. 04-124
DESIGNATED EMPLOYEES' DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
Public Arts Manager 2, 3, 6
Public Works Inspector (ALL) 2, 3, 6, 7
Redevelopment & Housing Finance Manager 2, 3, 6
Redevelopment/Housing Construction/
Maintenance Inspector 2, 3, 6, 7
Redevelopment Manager 2, 3, 6
Construction Contract Administrator (ALL) 2, 3, 6
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
Traffic Signal Specialist 6
Traffic Signal Technician (ALL) 6
Transportation Engineer (ALL) 2, 3, 6
Visitor Information Center Manager 6
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LAW OFFICES OF
BEST BEST S, KRIEGER LLP
RESOLUTION NO. 04-124
DESIGNATED EMPLOYEES' DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
MEMBERS OF BOARDS.
COMMITTEES & COMMISSIONS
Architectural Review Commission 1, 2
Art in Public Places Commission 2, 6
Building Board of Appeals and Condemnation 1, 2
El Paseo Business Association 1, 2
Historic Site Preservation Board 1, 2
Housing Commission 1, 2
Marketing Committee 1, 2
Parks & Recreation Commission 1, 2
Project Area Committee 1, 2
Public Safety Commission 1, 2
Rent Review Commission 1, 2
Sister City Committee 1, 2
Technology Committee 6
Consultant4
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. 04-124
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 business entities,
and sources of income, that are located in, do business in, or own real property within
the jurisdiction of the City.
Category 2: All interests in real property which is located in whole or in
part within, or not more than two (2) miles outside, the jurisdiction of the City.
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.
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.
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.
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