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HomeMy WebLinkAboutFormal Review of Conflict of Interest CodeREQUEST: SUBMITTED BY: DATE: CONTENTS: Recommendation: CITY OF PALM DESERT COMMUNITY SERVICES DIVISION CITY CLERK OPERATIONS STAFF REPORT AUTHORIZATION TO REVIEW THE CITY'S CONFLICT OF INTEREST CODE Rachelle D. Klassen, City Clerk June 8, 2006 I. Staff Report 11. Copy of Letter from Best, Best & Krieger III. Copy of Correspondence from the Fair Political Practices Commission By Minute Motion, authorize staff to make a formal review of the City's Conflict of Interest Code and, if necessary at the appropriate time thereafter, prepare a resolution to be adopted by the City Council to effect the required amendments. Discussion: Attached is a copy of a memo from the City Attorney's Office, advising that it is once again time for a mandatory biennial review of the City's Conflict of Interest Code. The last update was adopted by Resolution No. 04-124 in December 2004. Government Code Section 87306.5(a) requires that no later than July 1 of each even -numbered year, each local agency's Code Reviewing Body (City Council) shall direct that a review be made of its Conflict of Interest Code. If it is found that changed circumstances make it necessary to make amendments to the Code, an amended Conflict of Interest Code shall then be submitted to the Code Reviewing Body. Government Code Section 87306.5(b) states that if no change in the Code is required, the local agency head (City Manager) shall submit a written statement to that effect to the Code Reviewing Body no later than October 1 of the same year. Staff believes there are certain changes that will require the City's Conflict of Interest Code to be amended (i.e., Titles of Designated Positions subject to the Conflict of Interest Code). Your approval of the recommendation is, therefore, requested in order for the review to occur. The amended Code will be presented to the City Council for adoption at its first regular meeting in December. Submitted by: MWO Approved: A. O GA, M. SERVICES CITY MANAGER Attachments (as noted) BEST BEST & KRIEGER LLP A CALIFORNIA LIMITED LIABILITY PARTNERSHIP INCLLIDINO PROFESSIONAL CORPORATIONS INDIAN WELLS LAWYERS SAN DIEGO (760) 568-261 1 3750 UNIVERSRYAVENUE (619) 525-1300 -- POST OFFICE BOX 1028 - ONTARIO RIVERSIDE, CALIFORNIA 92502-1028 ORANGE COUNTY (909) 989-8584 (909) 686-1450 (949) 263-2600 , (909) 686-3083 FAX - BBKLAW.COM SACRAMENTO (916) 325-4000 DIANNA MARIE VALDEZ PUBLIC LAW PARALEGAL DIANNAMARIE.VALDEZ@BBKL-AW.COM May 11, 2006 [� = Ln ` J `r7 TO: CITY MANAGERS cf+ FROM: BEST BEST & KRIEGER LLP RE: 2006 MANDATORY REVIEW OF CONFLICT OF INTEREST CODE This is a reminder that 2006 is a mandatory review year for all public agencies to review their conflict of interest codes, file Biennial Notices with their code -reviewing bodies, and update their conflict of interest codes, if necessary. On or before July 1, your City Council, as the City's code -reviewing body, must notify you of this and direct you to review the City's Code. If you have not done so already, it is suggested that you place this item on your agenda as soon as convenient, but in no event later than July 1, 2006. You will then have until October 1 to complete your code review and file your Biennial Notice with your City Clerk reflecting the results of your review. If you find that .you are required to update your Code you will have 90 days after the filing of your Biennial Notice to complete the amendment and submit it to the City Council for approval. Throughout the summer and fall, we will be assisting clients with these reviews and any necessary updates. If you participate in BBK's Update Program - Project 1, we will be contacting your filing officers directly for certain specifics regarding your list of designated employees and the filing of your Biennial Notice. Meanwhile, if you have any questions regarding the 2006 biennial review process, please contact our conflicts of interest and ethics coordinator, Dianna Marie Valdez, or your principal lawyer here. Also, please contact Dianna if you are not currently a participant in our Update Program - Project 1 but would like to participate for this code -review cycle. MICHAEL T. RIDDELL cc: City Clerks/Filing Officers RVPUB\DVALDEZ1713444.2 r=Ak POLITICAL PRACTICES COMMISSION SSION 2006 Conflict -of -interest Code Biennial Notice for City Attorneys and City Clerks �K The Political Reform Act requires every local government agency to review its conflict -of - interest code biennially. No later than July 1 of each even -numbered year, code reviewing bodies must notify each agency within their jurisdiction to review its conflict -of -interest code. No later than October 1 of each even -numbered year, each agency must submit to the code reviewing body, a notice indicating whether or not an amendment is necessary. The City Council is the code reviewing body for city agencies. Therefore, no later than July 1, 2006, the City Council must notify any city agency not covered under the city's conflict -of -interest code to review its code and submit a biennial notice to the City Council. The Biennial Notice for the City's conflict -of - interest code and any separate city agency is due to the City Council by October 1, 2006. We have prepared a 2006 Local Biennial Notice form that you may send to the agencies. Please remember to put your return address at the bottom of the form. These notices are not sent to the FPPC. If amendments to an agency's code are necessary, the code must be forwarded to the City Council for approval within 90 days. For example, if an agency files its notice on October 1, 2006, indicating that an amendment is necessary, the amendment is due to the City Council by December 30, 2006. An agency's amended code is not effective until it has been approved by the City Council. Should you have any questions regarding this mailing, please feel free to call the FPPC. Copies of this mailing and additional information can be found on our website at www.fppc.ca.gov. Please plan to attend one of the seminars for a thorough discussion of the conflict -of -interest code amendment process. Enclosures &. 2006 Local Biennial Notice form r. Biennial Notice Worksheet Amending a Conflict -of -Interest Code Seminar Locations and Dates Sacramento Wednesday, June 21 FPPC, 8th Floor Hearing Room 428 J Street 1:00 P.M. — 3:00 P.M. • Santa Rosa Council Chambers Wednesday, June 28 100 Santa Rosa Avenue 10:00 a.m. — 12:00 p.m. • Oceanside Council Chambers Thursday, June 29 300 N. Coast Hwy (North Building, 2nd Floor) 1:00 P.M. — 3:00 P.M. ® Richmond Council Chambers Monday, July 10 1401 Marina Way South 10:00 a.m. — 12:00 p.m. • Sacramento Tuesday, July 11 FPPC, 8th Floor Hearing Room 428 J Street 10:00 a.m. — 12:00 p.m. • Palo Alto Council Chambers Thursday, July 13 250 Hamilton Avenue, First Floor 10:00 a.m. —12:00 p.m. To register for a seminar, call the FPPC at (866) ASK-FPPC, press 3. Seminars are subject to change. Fair Political Practices Commission (866) ASK-FPPCtwww.fppc.ca.gov CI newsletter - May 2006 Local Agency Biennial Notice Worksheet The following checklist may assist in the review of an agency's conflict -of -interest code. This is only a guide and is not intended to be an exclusive list of issues that may need review. Does the code contain the following three basic components? Language that incorporates FPPC Reg. 18730 or contains the basic provisions required in Government Code section 87302 A list of designated positions whose duties include making or participating in making governmental decisions Disclosure categories specifying financial interests (investments, interests in real property, income, and business positions) that filers in designated positions must disclose Review the agency's organization chart and duty statements d Do positions need to be added or deleted? Is there a need to reclassify disclosure for any positions? Are consultants designated? Do any officials/consultants manage public investments? Amendments needed? Use underline and strikeout to illustrate changes. Review the minutes of the agency's boards, commissions and committees � Are they solely advisory or do they have decision -making authority? III. MAINTENANCE DIVISION 1. Maintenance Superintendent ................................... 2 2. Maintenance Supervisor .......................................... 2 2. ASStZ".atiYYfYGIffdRObSHPOFiRfORdeRt .......................... 1� 3. Senior Equipment Technician .................................. 3 ei=1_'................................ 3 • The Public Works Office became the Maintenance Division. • The Asst. Maintenance Superintendent was reclassified to Maintenance Supervisor. • The Equipment Services Technician is a manual position and was deleted. Other Documentation A review of joint powers agreements, minutes and annual reports may assist in determining whether designated positions and their respective disclosure categories are accurately reflected. Notification q If amendments are needed, notify employees and the public. Fair Political Practices Commission (866) ASK-FPPClwww.fppc.ca.gov Biennial Notice Mailing . May 2006 2006 Local Agency Biennial Notice Name of Agency: Mailing Address: Contact Person: Office Phone No: E-mail: Fax No: This agency has reviewed its conflict -of -interest code and has determined that: ❑ An amendment is required. The following amendments are necessary: (Check all that apply) O Include new positions (including consultants) that must be designated O Delete positions that manage public investments from the list of designated positions O Revise disclosure categories O Revise the titles of existing positions O Delete titles of positions that have been abolished O Other (describe) ❑ No amendment is required. The agency's code accurately designates all positions that make or participate in the making of governmental decisions; the disclosure categories assigned to those positions accurately require the disclosure of all investments, business positions, interests in real property, and sources of income which may foreseeably be affected materially by the decisions made by those holding the designated positions; and the code includes all other provisions required by Government Code Section 87302. Signature of Chief Executive Officer Date Complete this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 1, 2006 to: (PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE) Fair Political Practices Commission (866) ASK-FPPC/www.fppc.ca.gov Biennial Notice Locals - May 2006 PLEASE DO NOT RETURN THIS FORM TO THE FPPC.