HomeMy WebLinkAboutORD 525ORDINANCE NO. 525
AN ORDINANCE OF THE.CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA,
ADOPTING CONFLICT OF INTEREST CODE
AND INCORPORATING BY REFERENCE FAIR
POLITICAL PRACTICE COMMISSION'S
MODEL CONFLICT OF INTEREST CODE.
WHEREAS, amendments to the Political Reform Act Govern-
ment Code Sections 81000, et. seq. have in the past and
foreseeably will in the future require conforming amendments
to be made in conflict of interest codes adopted and pro-
mulgated pursuant to its provisions; and
WHEREAS, the Fair Political Practices Commission has
adopted a regulation, 2 Cal. Adm. Code Section 18730, which
contains the terms of a standard model Conflict of Interest
Code, which can be incorporated by reference, and which will
be amended to conform to amendments in the Political Reform
Act after public notice and hearings conducted by the Fair
Political Practices Commission pursuant to the Administra-
tive Procedure Act, Government Code Section 11370, et. seq.;
and
WHEREAS, incorporation by reference to the terms of the
aforementioned.regulation and amendments to it and Conflict
of Interest Codes will save this body time and money by
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ORDINANCE NO. 525
minimizing the actions required -of this body to keep the
codes in conformity with the Political Reform Act.
NOW, THEREFORE, the City Council of the City of Palm
Desert does hereby ordain as follows:
Section 1: That all previously adopted resolutions
approving various separate Conflict of Interest Codes for
the City of Palm Desert are hereby rescinded.
Section 2: That a new Chapter 2.56 be, and the same
hereby is, added to read as follows:
"Chapter 2.56
CONFLICT OF INTEREST CODE
2.56.010 Code Adopted. The terms of 2 Cal.Adm. Code
Section 18730 and any amendments to it duly adopted by the
Fair Political Practices Commission are hereby incorporated
by reference and along with the attached Appendix A and B in
which officials and employees are designated and disclosure
categories are set forth, constitute the Conflict of Inter-
est Code of the City of Palm Desert.
Section 2.56.020 Filing. Pursuant to Section 4(A) of
the Standard Code, designated employees shall file state-
ments of economic interest with the City Clerk to whom the
City Council hereby delegates the authority to carry out the
duties of filing officer."
Section (3): That the City Clerk shall certify to the
passage and adoption of this ordinance and shall cause the
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ORDINANCE NO. 525
same to be published once in the Palm Desert Post, a newspa-
per of general circulation printed, published and circulated
within the City of Palm Desert, and the same shall be in
full force and effect 30 days after its adoption.
PASSED, APPROVED and ADOPTED this 28th day of
January , 1988, by the following vote:
AYES: CRITES, KELLY, SNYDER, WILSON, BENSON
NOES: NONE
ABSENT: NONE
ATTEST:
�1 q,
i • -... lit/
JAN HEN ON, Mayor
pity of Palm Desert,
California
Sheila ql ligan, Cit ' Clerk J �j
City of Pdlm Desert,
California
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ORDINANCE N0. 525
EXHIBIT "A"
POSITION
DISCLOSURE CATEGORY
City Manager
I,
II,
III
Assistant City Manager
I,
II,
III
City Clerk
I,
II,
III
Director of Management Services
I,
II,
III
Director of Environmental Services
I,
II,
III
City Engineer
I,
II,
III
Code Enforcement Supervisor
I,
II,
III
Director of Building and Safety
I,
II,
III
Building Inspectors
I,
II,
III
Associate Planners
I,
II,
III
Assistant Planners
I,
II,
III
Administrative Assistant
I,
II,
III
Police Chief
I,
II,
III
Fire Marshall
I,
II,
III
City Attorney
I,
II,
III
Assistant City Attorney
I,
II,
III
Redevelopment Agency Members,
As
designated
Consultants & Project Area
in
City Re -
Committee Members
development
Agency
Conflict
of
Interest
Code
Members of the following Committees:
Architectural Review Committee I, II, III
Civic Arts Committee I, II, III
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ORDINANCE NO. 525
Category II does not include: (1) campaign
contributions required to be reported under Chapter 4
(commencing with Section 84100) of Title 9 of the Government
Code; (2) salary and reimbursement for expenses or per diem
received from a state or local government agency and reim-
bursement for travel expenses and per diem received from a
bona fide educational, academic or charitable organization;
(3) gifts of informational material, such as books, pam-
phlets, reports, calendars or periodicals; (4) gifts which
are not used and which, within thirty (30) days after
receipt, are returned to the donor or delivered to a char-
itable organization without being claimed as a charitable
contribution for tax purposes; (5) gifts from an individu-
al's spouse, child, parent, grandparent, grandchild, broth-
er, sister, parent -in-law, brother-in-law, sister-in-law;
aunt, uncle, or first cousin or the spouse of any such
person; provided that a gift from any such person shall be
considered income if the donor is acting as an agent or
intermediary for any person not covered by this paragraph;
(6) any devise or inheritance; (7) interest, dividends or
premiums on a time or demand deposit in a financial institu-
tion, shares in a credit union or any insurance policy,
payments received under any insurance policy, or any bond or
other debt instrument issued by any government or government
agency; (8) dividends, interest or any other return on a
security which is registered with the Securities and Ex-
change Commission of the United States Government.
CATEGORY NO. III: BUSINESS ENTITIES
Category III relates to business entities, includ-
ing parents, subsidiaries or otherwise related business
entities, which (1) have an interest in real property..
located in part or in whole within the boundaries of the
City, within two miles thereof or within two miles of land
owned or used by the City, (2) do business or plan to do
business within the City, or (3) have done business within
the City at any time during the two years prior to the time
that the disclosure statement of the relevant designated
employee is filed.
Category III includes any financial interest in or
security issued by a business entity, including but not
limited to common stock, preferred stock, rights, warrants,
options, debt instruments and any partnership or other
ownership interest.
Investments of an individual include a pro rats
share of investments of any business entity or trust in
which the designated employee or his or her spouse owns,
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ORDINANCE NO. 525
directly, indirectly, or beneficially, a ten per cent (10%)
interest or greater.
Investment does not include a time or demand
deposit in a financial institution, shares in a credit
union, any insurance policy or any bond or other debt
instrument issued by any government or government agency.
No asset shall be deemed an investment unless its fair
market value exceeds One Thousand Dollars ($1,000.00).
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ORDINANCE NO. 525
CATEGORY NO. I:
EXHIBIT "B"
INTERESTS IN REAL PROPERTY
Category I relates to real property which is
located in part or in whole (1) within the boundaries of the
City, (2) within two miles of the boundaries of the City, or
(3) within two miles of land located outside of the bound-
aries of the City which is owned or used by the City.
Category I includes any leasehold, beneficial or
ownership interest, or option to acquire such an interest in
real property if the fair market value of the interest is
greater than one Thousand Dollars ($1,000.00).
Interests in real property of an individual
include a pro rata share of interest in real property of any
business entity or trust in which the designated employee or
his or her spouse owns directly, indirectly or beneficially,
a ten per cent (10%) interest or greater.
CATEGORY NO. II: PERSONAL INCOME
Category II relates to income from business
entities described in Category III or from any individual,
nonprofit association or corporation or governmental entity
(other than the City) located within the County or any
county adjacent to the County.
Category II includes, except to the extent exclud-
ed by the last paragraph of this subsection, income of any
nature from any source, including but not limited to any
salary, wage, advance, payment, dividend, interest, rent,
capital gain, return of capital, gift (including any gift of
food or beverage), loan forgiveness or payment of indebted-
ness, discount in the price of anything of value unless the
discount is available to members of the public without
regard to official status, rebate, reimbursement of ex-
penses, per diem, or contribution to an insurance or pension
program paid by any person other than an employer.
Income of an individual includes any community
property interest of the designated employee in income of
his or her spouse, and a pro rata share of any income of any
business entity or trust in which the designated employee or
his or her spouse owns, directly, indirectly, or beneficial-
ly, a ten per cent (10%) interest or greater.
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ORDINANCE NO. 525
Advertising and Promotion Committee I, II, III
Building Board Appeals Committee I, II, III
Economic Development Committee I, II, III
Parks and Recreation Committee I, II, III
Any other employee at the discretion
of the City Manager
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