HomeMy WebLinkAboutCC RES 06-158RESOLUTION NO.06-158
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 9, 2004, 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 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 14, 2006, 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.
RVPUB\DVALDEL\723714.1
-1-
Resoiu`ior No. 06-158
PASSED, APPROVED and ADOPTED by the City Council of the City of Palm
Desert, California at its regular meeting held on the 14th day of December, 2006, by the
following vote, to wit:
AYES: BENSON, FERGUSON, FINERTY, SPIEGEL, and KELLY
NOES NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
E D. KLASSEN, C. CLERK
CITY OF PALM DESERT, CALIFORNIA
-2-
AAA64/416.7
S. KELLY, MAYOR
R V P U B\D V ALD E.Z\723714.1
RESOLUTION NO. 06-158
CERTIFICATION
I, Rachelle Klassen, City Clerk of the City of Palm Desert do hereby certify that the
foregoing Resolution No. 06-158 was duly and regularly adopted by the City Council at a
regular meeting thereof, held on the 14TH day of December, 2006, and that the foregoing is
a full, true and correct copy of said Resolution.
FD. KtASSKN, CIT CL �
CITY OF PALM DESERT, CALIFORNIA
'
-3-
RVPLIB\DVALDEZ\723714.1
LAW OFFICES OF RESOLUTION NO. 06-158
BEST BEST & KRIEGER LLP
APPENDIX
CONFLICT OF INTEREST CODE
OF THE
CITY OF PALM DESERT
(Amended December 14, 2006)
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)j
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
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.
-20- BBK — November 2006
RV P U B\DVALDEZ\720731.3
LAW OFFICES OF
BEST BEST & KRIEGER LLP
DESIGNATED POSITIONS
RESOLUTION NO. 06-158
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 Finance Director 2, 3, 5
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 Supervisor 6
Building Permit Specialist (ALL) 2, 3, 6, 7
-21- BBK - November 2006
RVPUB\DVALDEZ\720731.3
LAW OFFICES OF
BEST BEST & KRIEGER LLP
RESOLUTION NO, 06-158
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
Deputy Building Official 2, 3, 6, 7
Deputy City Clerk 6
Director of Community Development 1, 2
Director of Human Resources 6
Director of Information Systems 6
Director of Office of Energy Management 6
Director of Public Works 1, 2
Director of Redevelopment & Housing 1, 2
Director of Special Programs 1, 2
Economic Development Manager - RDA 1, 2
Economic Development Technician (ALL) 6
Engineer, Senior 2, 3, 6, 7
Engineering Manager 2, 3, 6, 7
Engineering Technician (ALL) 2, 3, 6, 7
Financial Analyst, Sr. 5
Fire Chief 2, 3, 6, 7
RV PU B\DVALDEZ\720731.3
-22- BBK — November 2006
LAW OFFICES OF
BEST BEST & KRIEGER LLP
RESOLUTION NO. 06-158
DESIGNATED EMPLOYEES' DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
GIS Technician (ALL) 6
Housing Authority Administrator 1, 2
Human Resources Manager 6
Information Systems Analyst 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 Service Manager 1, 2
Parks Maintenance Supervisor 6
Planning Manager 2, 3, 6, 7
Planning Technician 2, 3, 6, 7
Plans Examiner (ALL) 2, 3, 6, 7
Police Captain 6, 7
Police Chief 6, 7
Police Lieutenant 6, 7
Project Administrator 2, 3, 6
Project Coordinator 2, 3, 6
-23- BBK - November 2006
RV P U B\DVALDEZ\720731.3
LAW OFFICES of RESOLUTION NO. 06-158
BEST BEST & KRIEGER LLP
DESIGNATED EMPLOYEES' DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
Public Art Coordinator 6
Public Arts Manager 2, 3, 6
Public Works Inspector (ALL) 2, 3, 6, 7
Redevelopment & Housing Finance Manager 2, 3, 6
Redevelopment Manager 1, 2,
Risk Manager 6
Senior Engineer/City Surveyor 2, 3, 6, 7
Special Projects Administrator 3, 6
Streets Maintenance Supervisor 6
Traffic Signal Specialist 6
Traffic Signal Technician (ALL) 6
Transportation Engineer (ALL) 2, 3, 6
Visitor Information Center Manager 6
RVP U B\DVALDEZ\720731.3
-24- BBK — November 2006
LAW OFFICES OF
BEST BEST & KRIEGER LLP
RESOLUTION NO. 06-158
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
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.
-25- BBK — November 2006
RV P U B\DVALD EZ\720731.3
LAW OFFICES OF
BEST BEST & KRIEGER LLP
EXHIBIT "B"
DISCLOSURE CATEGORIES
RESOLUTION NO. 06-158
The disclosure categories listed below identify the types of investments,
business entities, sources of income, including gifts, loans and travel payments, 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 business entities,
and sources of income, that are located in, do business in, or own real property within
the jurisdiction of the City.
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.
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.
-26- BBK — November 2006
RV P U B\DVAL D EZ\720731.3