HomeMy WebLinkAboutRes 04-124 Amended Appendix to the Conflict of Interest CodeCITY OF PALM DESERT
COMMUNITY SERVICES DIVISION
CITY CLERK OPERATIONS
STAFF REPORT
REQUEST: RESOLUTION 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.
SUBMITTED BY: Rachelle D. Klassen, City Clerk
DATE: December 9, 2004
CONTENTS: I. Staff Report
II. Notice of Intent
III. Resolution No. 04-124 , including the Amended Appendix List
of Designated Positions
IV. Legislative Version of the Appendix List of Designated
Positions
Recommendation:
Waive further reading and adopt Resolution No. 04- 124 , amending the
Appendix of the City's Conflict of Interest Code pursuant to the
Political Reform Act of 1974.
Discussion:
As was authorized by the City Council at its meeting of June 10, 2004, the biennial review
of the City's Conflict of Interest Code was performed by staff and the City Attorney's Office.
In response, the City Attorney's office has prepared for presentation to the City Council a
proposed amended Appendix to the City's Conflict of Interest Code. A Legislative Version
of the amended Appendix, showing the changes made to the list of Designated Positions
and Disclosure Categories, is included in this reportforease in identifying the modifications
being made.
The effective date of the amended Appendix to the Code will be 30 days from the date of
adoption by the City Council (January 8, 2005). Thereafter, all newly designated positions
will have 30 days to file an Initial Statement of Economic Interest with the City Clerk's
Staff Report - Amending the Appendix of the
City of Palm Desert's Conflict of Interest Code
Resolution No. 04-124
Page 2
December 9, 2004
Office. Designated Positions that were already listed but have been changed will be
subject to the annual filing requirement by April 1, 2005, with their new designation.
As is required by law, our office has notified all affected parties named in the City's Conflict
of Interest Code and has legally posted the Notice of Intention to Amend. Your adoption
of the subject resolution enacting this amendment is respectfully requested.
Submitted by:
WSJ I WA Lei ER I S
Approved:
CARLOS L. O GA
CITY MANAG R
rdk
Attachments (as noted)
H:IWPdataIWPDOCSIFPPCICONFLI CT104 code amend staff rpt. wpd
I I y 0 1 P 0 1 M 9 1 � I R T
73-5[o FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
' TEL: 760 346—o6ii
FAX: 760 340-0574
info@palm-desert.org
Resolution No. 04-12e
NOTICE OF INTENTION TO AMEND THE APPENDIX
OF THE CONFLICT OF INTEREST CODE OF THE
CITY OF PALM DESERT
NOTICE IS HEREBY GIVEN that the City of Palm Desert (the "City") intends to amend the
Appendix of its Conflict of Interest Code (the "Code") pursuant to Government Code
Section 87306. .
The Appendix of the Code designates those employees, members, officers, and
consultants who are subject to the disclosure and disqualification requirements of the City's Code.
The City's proposed amendment adds new positions that must be designated, revises disclosure
categories, revises titles of existing positions, and deletes positions that have been abolished.
The proposed amended Appendix will be considered by the City Council on December 9,
2004, at 4:00 p.m. at the City of Palm Desert, Civic Center Council Chamber,
73-510 Fred Waring Drive, Palm Desert, California. Any interested person may be present and
comment at the public meeting or may submit written comments concerning the proposed
amended Appendix. Any comments or inquiries should be directed to the attention of
Rachelle Klassen, City Clerk, City of Palm Desert, 73-510 Fred Waring Drive, Palm Desert, CA
92260-2578; (760) 346-0611. Written comments must be submitted no later than December 9.
2004. at 4:00 o. m.
The proposed amended Appendix may be reviewed at, and copies obtained from, the
Office of the City Clerk.
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
NOVEMBER 30, 2004
04NOTICE-public.wpd
$; PRINTED ON WY(UO PAPER
RESOLUTION 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 sew. (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 seg.; 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:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
ROBERT A. SPIEGEL, MAYOR
N
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 sec,.). [Begs. § 18730(b)(3)]
OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
It has been determined that the positions listed
Officials who manage public investments3. These position
Investment and Finance Committee
Investment Manager
Deputy City Treasurer
Financial Consultants
s
3 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'
TITLE OR FUNCTION
DISCLOSURE CATEGORIES
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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LAW OFFICES OF
BEST BEST & KRIEGER LLP
DESIGNATED EMPLOYEES'
TITLE OR FUNCTION
Housing Programs Coordinator
Human Resources Management Analyst
Information Systems Analyst
Information Systems Manager
Information Systems Technician
Landscape Inspector (ALL)
Landscape Manager
Landscape Specialist
Maintenance Services Manager
Management Analyst (ALL)
Marketing Manager
Parks and Recreation Planning Manager
Parks Maintenance Supervisor
Planning Manager
Planning Technician
Plans Examiner
Police Captain
Police Chief
Police Lieutenant
Project Administrator
Public Art Coordinator
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RESOLUTION NO. 04-124
DISCLOSURE CATEGORIES
ASSIGNED
2, 3, 6
6
6
6
6
3,6
3,6
3,6
6
6
6
1,2
6
2, 3, 6, 7
2, 3, 6, 7
2,3,6,7
6,7
6,7
6,7
2,3,6
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 & KRIEGER LLP
DESIGNATED EMPLOYEES'
TITLE OR FUNCTION
MEMBERS OF BOARDS,
COMMITTEES & COMMISSIONS
Architectural Review Commission
Art in Public Places Commission
Building Board of Appeals and Condemnation
El Paseo Business Association
Historic Site Preservation Board
Housing Commission
Marketing Committee
Parks & Recreation Commission
Project Area Committee
Public Safety Commission
Rent Review Commission
Sister City Committee
Technology Committee
Consultant4
RESOLUTION NO. 04-124
DISCLOSURE CATEGORIES
ASSIGNED
1,2
2,6
1,2
1,2
1,2
1,2
1,2
1,2
1,2
1,2
1,2
1,2
6
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.
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.
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LAW OFFICES OF
BEST BEST & KRIEGER LLP
Resolution No. 04-124
LEGISLATIVE VERSION
(SHOWS CHANGES MADE)
APPENDIX
CONFLICT OF INTEREST CODE
OF THE
CITY OF PALM DESERT
(Amended-BerembeF 12, 2002 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 seg.). [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.
Investment and Finance Committee
Investment Manager
Deputy City Treasurer
Financial Consultants 4
3 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 Resolution No. 04-124
BEST BEST & KRIEGER LLP
DESIGNATED POSITIONS
GOVERNED BY THE CONFLICT OF INTEREST CODE
DESIGNATED EMPLOYEES'
TITLE OR FUNCTION
DISCLOSURE CATEGORIES
ASSIGNED
Accountant If
5
Administrative Fire Captain (Fire Marshal)
2, 3, 6
AFG1449GWFal Review ;,lion
1,2
'SEE BOARDS. COMMITTEES & COMMISSIONS. BELOW,
AF-in PLtlis Races-G micsien
2,6
'SEE BOARDS. COMMITTEES & COMMISSIONS, BELOW,
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
9wildin Bcard 9f Appeals aRGI Q914de ation
1, 2
/SEE BOARDS. COMMITTEES & COMMISSIONS, BELOW,
Building Inspector (ALL)
2, 3, 6, 7
Building Inspector Manager
2, 3, 6, 7
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LAW OFFICES OF
BEST BEST & KRIEGER LLP
Resolution No. 04-124
DESIGNATED EMPLOYEES'
TITLE OR FUNCTION
Building Maintenance Coordinator
Building Permit Specialist (ALL)
Business Support Manager
Business Support Technician (ALL)
City Attorney (not filing under Gov Code 87200)
City Clerk
Citv Enqineer
Civ is ArtsCommittee
Code Compliance Officer (ALL)
Code Compliance Manager
ist
Contracts Administrator
Deputy City Clerk
Development Manager
Cir^otor cf C=munity Affairs
Director of Community Development
Iarootor of Pruning
Director of Human Resources
Director of Public Works City EROORooY
Director of Redevelopment & Housina
Director of Special Programs
1 -22-
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DISCLOSURE CATEGORIES
ASSIGNED
6
2, 3, 6, 7
3,5
6
1,2
6
2, 3, 6, 7
� �
2, �, 6
2, 3, 6, 7
2, 3, 6, 7
6
5
6
1,2
1,
1,2
2, 21, e
6
1 _2-3,-6, 7
1,2
1,2
BBK — 9eteber-280ovember 2004
LAW OFFICES OF
BEST BEST & KRIEGER LLP
DESIGNATED EMPLOYEES'
TITLE OR FUNCTION
Resolution No. 04-124
DISCLOSURE CATEGORIES
ASSIGNED
cEooiet:sn
1,2
JSEE BOARDS, COMMITTEES & COMMISSIONS, BELOIM
Engineer, Senior
2, 3, 6, 7
Engineering Manager
2, 3, 6, 7
Engineering Technician (ALL)
2, 3, 6, 7
€+ iI:Gnnenta! CesewatiGF--Ianargar
1,2
Assistant Finance Director
2, 3, 95
Financial Analyst, Sr.
5,
Fire Chief
2, 3, 6, 7
GIS Technician
6
HeusiRq Gemm csien
1,2
f,SEE BOARDS, COMMITTEES & COMMISSIONS, BELOW
Housing-Managw Authoritv Administrator
1, 2
Housing Programs Coordinator
2, 3, 6
Human Resources Manage 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
I
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LAW OFFICES OF
BEST BEST & KRIEGER LLP
DESIGNATED EMPLOYEES'
TITLE OR FUNCTION
Resolution No. 04-124
DISCLOSURE CATEGORIES
ASSIGNED
Management Analyst (ALL)
6
Marketing Manager
6
. 3n
1,2
fSEE BOARDS, COMMITTEES & COMMISSIONS, BELOWI
Parks and Recreation Planning Manager
1,2
cian
2, 3, E, 7
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
PFejeGtza C3mmittOe
1, 3
'SEE BOARDS, COMMITTEES & COMMISSIONS, BELOWJ
Project Administrator
2, 3, 6
Pre eticn Cemmitf:.€
6
Public Art Coordinator
6
Public Arts Manager
2, 3, 6
Public R313tiens Ceerdinater
6
Rio 93fety CemmicGion
1, 2
fSEE BOARDS, COMMITTEES & COMMISSIONS, BELOW/
Public Works Inspector (ALL)
2, 3, 6, 7
f
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LAW OFFICES OF
BEST BEST & KRIEGER LLP
DESIGNATED EMPLOYEES'
TITLE OR FUNCTION
Is Creetor,
Redevelopment & Housina Finance Manager
Redevelopment/Housing Construction/
Maintenance Inspector
Redevelopment Manager
Resolution No. 04-124
DISCLOSURE CATEGORIES
ASSIGNED
1,2
2, 3, 6
2, 3, 6, 7
2, 3, 6
Reh3tgitafie-R-Construction Specialist ontract Administrator (ALL) 2, 3, 6
Oen+ Review Gemsien
1
%SEE BOARDS, COMMITTEES & COMMISSIONS, BELOW
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
Se e
fSEE BOARDS, COMMITTEES & COMMISSIONS, BELOW)
Traffic Sianal 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 & KRI EG ER LLP
DESIGNATED EMPLOYEES'
TITLE OR FUNCTION
MEMBERS OF BOARDS,,
COMMITTEES & COMMISSIONS
Architectural Review Commission
Art in Public Places Commission
Building Board of Appeals and Condemnation
El Paseo Business Association
Historic Site Preservation Board
Housing Commission
Marketinq Committee
Parks & Recreation Commission
Project Area Committee
Public Safety Commission
Rent Review Commission
Sister Citv Committee
Technology Committee
Consultant4
Resolution No. 04-124
DISCLOSURE CATEGORIES
ASSIGNED
T, 2
2,6
1,2
1,2
1.2
1,2
1.2
1,2
1,2
1,2
1,2
1.2
6
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 Resolution No. 04-124
BEST BEST KRIEGER LLP
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.
Cateaory 1: All investments and business positions in business entities,
and sources of income frcm, business entities-, that are located in. do business in, or
own real property within the jurisdiction of the City,
ewRed real p e r,ast ttve r'-a;s.
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.
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, plen ta-engage
in surah a4vities within the jWisd;Gtion of the City thin the nextyeaF,nr have engaged
;n the past MG (2) years.
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,
the pa t0FG (2) „eaFr
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