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Home My WebLink AboutCC RES 2014-100RESOLUTION NO. 2014 - 100 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 November 15, 2012, 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 December 11, 2014, 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 immediately upon the date of its adoption and approval. RESOLUTION NO. 2014 - 100 PASSED, APPROVED and ADOPTED by the City Council of the City of Palm Desert, California at its regular meeting held on the 11th day of December, 2014, by the following vote, to wit: AYES: HARNIK, JONATHAN, SPIEGEL, TANNER, and WEBER NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: R ' HELLE D. KLATSEN, ITY CLERK CITY OF PALM DESERT, CALIFORNIA SUSAN MARIE WEBER, MAYOR -2- 72500.0000 I \934423 3.1 RESOLUTION NO. 2014 - 100 CERTIFICATION I, Rachelle Klassen, City Clerk of the City of Palm Desert do hereby certify that the foregoing Resolution No. 2014 -100 was duly and regularly adopted by the City Council at a regular meeting thereof, held on the 11th day of December, 2014, and that the foregoing is a full, true and correct copy of said Resolution. C R�cheIle Klassen y Cit lerk City of Palm Desert, California -3- 72500.00001 \9344233.1 RESOLUTION NO. 2014 - 100 [THIS PAGE LEFT INTENTIONALLY BLANK.] -4- 72500.00001\9344233.1 LAW OFFICES OF RESOLUTION NO. 2014 - 100 BEST BEST & KRIEGER LIP CONFLICT OF INTEREST CODE OF THE CITY OF PALM DESERT BBK —October 2014 72500.00001\9343892.3 LAW OFFICES OF RESOLUTION NO. 2014 -100 BEST BEST & KRIEGER 1-LP CONFLICT OF INTEREST CODE OF THE CITY OF PALM DESERT (Amended December 11, 2014) 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 ail retained statements available for public inspection and reproduction during regular business hours. (Gov. Code § 81008.) -1- BBK — October 2014 72500.00001\9343892.3 LAW OFFICES OF RESOLUTION NO. 2014 - 100 BEST BEST & KRIEGER LLP APPENDIX CONFLICT OF INTEREST CODE OF THE CITY OF PALM DESERT (Amended December 11, 2014) PART "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 — October 2014 72500.00001 \9343892.3 LAW OFFICES OF RESOLUTION NO. 2014 - 100 BEST BEST & KRIEGER LLP 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 - October 2014 72500.00001 \9343892.3 LAW OFFICES OF RESOLUTION NO. 2014 - 100 BEST BEST & KRIEGER 1-LP DESIGNATED POSITIONS' DISCLOSURE CATEGORIES TITLE OR FUNCTION ASSIGNED Deputy City Clerk 5 Director of Community Development 1, 2 Director of Economic Development 1, 2 Director of Housing 1, 2 Director of Human Resources 5 Director of Public Works 1, 2 Director of Special Programs 1, 2 Economic Development Manager 1, 2 Economic Development Technician (ALL) 5 Engineer, Senior 2, 3, 5, 6 Engineering Manager 2, 3, 5, 6 Engineering Technician (ALL) 2, 3, 5, 6 Financial Analyst, Sr. 4 Fire Chief 2, 3, 5, 6 Human Resources Manager 5 Information Systems Manager 5 Information Systems Technician 5 Landscape Inspector (ALL) 3, 5 Landscape Specialist 3, 5 Landscape Supervisor 3, 5 Maintenance Services Manager 5 APP. A-3 BBK— October 2014 72500.00001\9343892.3 LAW OFFICES OF RESOLUTION NO. 2014 -100 BEST BEST & KRIEGER LLP DESIGNATED POSITIONS' DISCLOSURE CATEGORIES TITLE OR FUNCTION ASSIGNED Management Analyst (ALL) 5 Marketing and Tourism Manager 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 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 Traffic Signal Technician (ALL) 5 Transportation Engineer (ALL) 2, 3, 5 Visitor Center Supervisor 5 APP. A-4 BBK — October 2014 72500.00001\9343892.3 LAW OFFICES OF RESOLUTION NO. 2014 - 100 BEST BEST & KRIEGER LLP DESIGNATED POSITIONS' DISCLOSURE CATEGORIES TITLE OR FUNCTION ASSIGNED 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 Hotel and Signature Events Committee Housing Commission Marketing Committee Parks & Recreation Commission Project Area Committee Public Safety Commission Rent Review Commission University Planning and Development Committee 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 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 — October 2014 72500.00001\9343892.3 LAW OFFICES OF RESOLUTION NO. 2014 -100 BEST BEST & KRIEGER LLP PART "B" DISCLOSURE CATEGORIES 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 Such economic interests are reportable if they are either located in or doing business in the jurisdiction, are planning to do business in the jurisdiction, or have done business during the previous two years in the jurisdiction of the City. Category 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. 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 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— October 2014 72500.00001\9343892.3