HomeMy WebLinkAboutCC RES 2012-71RESOLUTION NO. 2012 -71
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING AND
ADOPTING AN AMENDED CONFLICT OF INTEREST CODE
PURSUANT TO THE POLITICAL REFORM ACT OF 1974
WHEREAS, 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 11, 2008, 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 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 Code was provided to each
affected designated employee and was publicly posted for review; and
WHEREAS, a public meeting was held upon the proposed amended Code at a
regular meeting of the City Council on November 15, 2012, at which all present were
given an opportunity to be heard on the proposed amended Code.
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
Conflict of Interest Code, a copy of which is attached hereto and shall be on file with
the City Clerk, and available to the public for inspection and copying, during regular
business hours.
2. The amended Conflict of Interest Code shall become effective thirty (30)
days after the date of its adoption and approval.
W +
RESOLUTION NO. 2012 - 71
PASSED, APPROVED and ADOPTED by the City Council of the City of
Palm Desert, California at its adjourned regular meeting held on the 15th day of
November, 2012, by the following vote, to wit:
AYES: BENSON, FINERTY, HARNIK, KROONEN, and SPIEGEL
NOES NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
CHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
-2-
�
fJ 1 J% -�_
OBERT A. SPIEbgL, MA' 01 -
72500.00000\7620862.1
RESOLUTION NO. 2012 -71
CERTIFICATION
I, Rachelle Klassen, City Clerk of the City of Palm Desert do hereby certify that
the foregoing Resolution No. 2012 - 71 was duly and regularIxr adopted by the City
Council at an adjourned regular meeting thereof, held on the 15 11 day of November,
2012, and that the foregoing is a full, true and correct copy of said Resolution.
-3-
Rachelle D. Klassen, Clerk
City of Palm Desert, California
72500.00000\7620862.1
UAW OFFICES OF
BEST BEST & KRIEGER LLP
RESOLUTION NO. 2012 -71
CONFLICT OF INTEREST CODE
OF THE
CITY OF PALM DESERT
BBK— September 2012
NO
Peg
ad
NM
nil
72500.0000117590185.3
LAW OFFICES OF
BEST BEST & KRIEGER LLP RESOLUTION NO. 2012 -71
CONFLICT OF INTEREST CODE
OF THE
CITY OF PALM DESERT
(Amended November 15, 2012)
The Political Reform Act (Gov. Code Section 81000, et seq.) requires
state and local government agencies to adopt and promulgate conflict of interest codes.
The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs.
§ 18730) that contains the terms of a standard conflict of interest code which can be
incorporated by reference in an agency's code. After public notice and hearing Section
18730 may be amended by the Fair Political Practices Commission to conform to
amendments in the Political Reform Act. Therefore, the terms of 2 California Code of
Regulations section 18730 and any amendments to it duly adopted by the Fair Political
Practices Commission are hereby incorporated by reference. This incorporation page,
Regulation 18730 and the attached Appendix designating positions and establishing
disclosure categories, shall constitute the conflict of interest code of the City of Palm
Desert (the "City").
All officials and designated positions required to submit a statement of
economic interests shall file their statements with the City Clerk as the City's Filing
Officer. The City Clerk shall make and retain a copy of all statements filed by the
Mayor, Members of the City Council and Planning Commission, the City Manager, the
City Attorney and the City Treasurer, and forward the originals of such statements to the
Fair Political Practices Commission. The City Clerk shall retain the original statements
filed by all other officials and designated positions and will make all retained statements
available for public inspection and reproduction during regular business hours. (Gov.
Code § 81008.)
-1-
BBK — September 2012
72500.0000117590185.3
LAW OFFICES OF
BEST BEST & KRIEGER LLP RESOLUTION NO. 2012 — 71
APPENDIX
CONFLICT OF INTEREST CODE
OF THE
CITY OF PALM DESERT
(Amended November 15, 2012)
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 must file disclosure statements under 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 investment.' These positions are listed here for
informational purposes only.
1
Audit, Investment and Finance Committee
Deputy City Treasurer
Financial Consultants
Individuals holding one of the above -listed positions may contact the Fair Political Practices
Commission for assistance or written advice regarding their filing obligations if they believe that
their position has been categorized incorrectly. The Fair Political Practices Commission makes
the final determination whether a position is covered by § 87200.
APP. A-1 BBK — September 2012
72500.0000117590185.3
LAW OFFICES OF
BEST BEST & KRIEGER LLP RESOLUTION NO. 2012 - 71
DESIGNATED POSITIONS
GOVERNED BY THE CONFLICT OF INTEREST CODE
DESIGNATED POSITIONS' DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
Accountant II 4
Administrative Fire Captain (Fire Marshal) 2, 3, 5
Assistant City Manager 1, 2
Assistant Engineer 2, 3, 5, 6
Assistant Finance Director 2, 3, 5
Assistant Planner 2, 3, 5, 6
Associate Engineer 2, 3, 5, 6
Associate Planner 2, 3, 5, 6
Battalion Chief 5, 6
Building and Safety Director 2, 3, 5, 6
Building Inspector (ALL) 2, 3, 5, 6
Building Maintenance Supervisor 5
Building Permit Specialist (ALL) 2, 3, 5, 6
City Attorney (not filing under Gov Code 87200) 1, 2
City Clerk 5
City Engineer 2, 3, 5, 6
Code Compliance Officer (ALL) 2, 3, 5, 6
Code Compliance Supervisor 2, 3, 5, 6
Deputy Building Official 2, 3, 5, 6
APP. A-2 BBK - September 2012
72500.00001\7590185.3
LAW OFFICES OF
BEST BEST & KRIEGER LLP
RESOLUTION NO. 2012 - 71
DESIGNATED POSITIONS' DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
Deputy City Clerk
Director of Community Development
Director of Economic Development
Director of Housing
Director of Human Resources
Director of Public Works
Director of Special Programs
Economic Development Manager
Economic Development Technician (ALL)
Energy Project Technician
Engineer, Senior
Engineering Manager
Engineering Technician (ALL)
Financial Analyst, Sr.
Fire Chief
Human Resources Manager
Information Systems Manager
Information Systems Technician
Landscape Inspector (ALL)
Landscape Manager
Landscape Specialist
5
1, 2
1, 2
1, 2
5
1, 2
1, 2
1, 2
5
5
2, 3, 5, 6
2, 3, 5, 6
2, 3, 5, 6
4
2, 3, 5, 6
5
5
5
3, 5
3, 5
3, 5
APP. A-3 BBK — September 2012
72500.00001\7590185.3
LAW OFFICES OF
BEST BEST & KRIEGER LLP RESOLUTION NO. 2012 -71
DESIGNATED POSITIONS' DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
Maintenance Services Manager 5
Management Analyst (ALL) 5
Marketing and Tourism Manager 5
Park Inspector 5
Parks and Recreation Services Manager 1, 2
Parks Facilities Manager 5
Parks Maintenance Supervisor 5
Plans Examiner (ALL) 2, 3, 5, 6
Police Captain 5, 6
Police Chief 5, 6
Police Lieutenant 5, 6
Principal Planner 2, 3, 5, 6
Project Administrator 2, 3, 5
Project Coordinator 2, 3, 5
Public Art Coordinator 5
Public Works Inspector (ALL) 2, 3, 5, 6
Risk Manager 5
Senior Engineer/City Surveyor 2, 3, 5, 6
Streets Maintenance Supervisor 5
Supervising Plans Examiner 2, 3, 5, 6
Traffic Signal Specialist 5
72500.00001\7590185.3
APP. A-4 BBK— September 2012
LAW OFFICES OF
BEST BEST & KRIEGER LLP RESOLUTION NO. 2012 — 71
DESIGNATED POSITIONS' DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
Traffic Signal Technician (ALL) 5
Transportation Engineer (ALL) 2, 3, 5
Visitor Center Coordinator 5
Visitor Information Center Manager 5
MEMBERS OF BOARDS,
COMMITTEES & COMMISSIONS
Architectural Review Commission
Art in Public Places Commission
Building Board of Appeals and Condemnation
Citizens' Sustainability Committee
Cultural Resources Preservation Committee
El Paseo Business Association
Housing Commission
Marketing Committee
Parks & Recreation Commission
Project Area Committee
Public Safety Commission
Rent Review Commission
Consultant and New Position 2
2
1, 2
2, 5
1, 2
1, 2
1, 2
1, 2
1, 2
1, 2
1, 2
1, 2
1, 2
1, 2
Individuals serving as a consultant as defined in FPPC Reg 18701 or in a new position created
since this Code was last approved that makes or participates in making decisions must file under
the broadest disclosure category set forth in this Code subject to the following limitation:
The City Manager may determine that, due to the range of duties or contractual obligations, it is
more appropriate to assign a limited disclosure requirement. A clear explanation of the duties
and a statement of the extent of the disclosure requirements must be in a written document.
(Gov. Code Sec. 82019; FPPC Regulations 18219 and 18734.). 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. (Gov. Code Sec. 81008.)
APP. A-5 BBK — September 2012
.r
72500.0000117590185.3
LAW OFFICES OF
BEST BEST & KRIEGER LLP
EXHIBIT "B"
DISCLOSURE CATEGORIES
RESOLUTION NO. 2012 — 71
The disclosure categories listed below identify the types of economic
interests that the designated position must disclose for each disclosure category to
which he or she is assigned.3
Cateaory 1: All investments and business positions in business entities,
and sources of income, including gifts, loans and travel payments, 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.
Category 3: All investments and business positions in business entities,
and sources of income, including gifts, loans and travel payments, 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 business entities,
and sources of income, including gifts, loans and travel payments, that provide services,
products, materials, machinery, vehicles or equipment of a type purchased or leased by
the City.
Category 5: All investments and business positions in business entities,
and sources of income, including gifts, loans and travel payments, that provide services,
products, materials, machinery, vehicles or equipment of a type purchased or leased by
the designated position's department, unit or division.
Category 6: All investments and business positions in business entities,
and sources of income, including gifts, loans and travel payments, from, business
entities subject to the regulatory, permit, or licensing authority of the designated
position's department, unit or division.
3
This Conflict of Interest Code does not require the reporting of gifts from outside this agency's
jurisdiction if the source does not have some connection with or bearing upon the functions or
duties of the position. (Reg. 18730.1)
APP. B-1 BBK— September 2012
72500.00001\7590185.3