HomeMy WebLinkAboutRes No. 08-106 - Amnded Appendix - Conflict of Interest Code CITY OF PALM DESERT
COMMUNITY SERVICES DIVISION
CITY CLERK OPERATIONS
STAFF REPORT
REQUEST: RESOLUTION NO. 08-106 - 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 11, 2008
CONTENTS: I. Staff Report
II. Resolution No. 08- io6, including the Amended Appendix List
of Designated Positions
III. 2008 Local Agency Biennial Notice
IV. Notice of Intent
V. Legislative Version of the Appendix List of Designated
Positions
Recommendation:
Waive further reading and adopt Resolution No. 08-�ob , 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 12, 2008, the mandatory
biennial review of the City's Conflict of Interest Code has been 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 report for ease in
identifying the changes 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 10, 2009). Thereafter, all newly designated positions
will have 30 days to file an Initial Statement of Economic Interest with the City Clerk's
Office. Designated Positions that were already listed but have been changed will be
subject to the annual filing requirement by April 1, 2009, with their new designation.
Staff Report - Amending the Appendix of the
City of Palm Desert's Conflict of Interest Code
Page 2
December 11, 2008
As is required by law, our office has notified all affected parties named in the City's
Conflict of Interest Code and has duly posted the Notice of Intention to Amend. Your
adoption of the subject resolution enacting this amendment is respectfully requested.
Submitted by:
,
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RA HELLE D. SS , CMC HEILA R. LI , C FOR
CITY CLERK COMMUNITY SERVIC .I.O.
Approved: C��Y C�UNC,II,�,CTyc3Iv;
APPROVED ✓ DEI�IIED
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Attachments (as noted)
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RESOLUTION NO. 08- 106
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 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 14, 2006, in compliance with Government Code Section
81000, et se�c.; 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 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 11, 2008, 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. 08- t o�
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, 2008, by
the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
JEAN M. BENSON, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
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RESOLUTION NO. 08- 106
CERTIFICATION
I, Rachelle D. Klassen, City Clerk of the City of Palm Desert, do hereby certify that
the foregoing Resolution No. 08- was duly and regularly adopted by the City Council at
a regular meeting thereof, held on the 11 th day of December, 2008, and that the foregoing
is a full, true and correct copy of said Resolution.
Rachelle D. Klassen, City Clerk
City of Palm Desert
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�aw oFFicEs oF RESOLUTION NO. 08- ���
BEST BEST £t KRIEGER LLP
APPENDIX
CONFLICT OF INTEREST CODE
OF THE
CITY OF PALM DESERT
(Amended December 11, 2008)
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 se .). [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.
Audit, Investment and Finance Committee
Deputy City Treasurer
Financial Consultants
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. 08-106
BEST BEST Ft KRIEGER LLP
DESIGNATED POSITIONS
GOVERNED BY THE CONFLICT OF INTEREST CODE
DESIGNATED EMPLOYEES' DISCLOSURE CATEGORIES
TITLE OR FUNCTION 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 Finance Director 2, 3, 5
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 Supervisor 6
Building Permit Specialist (ALL) 2, 3, 6, 7
City Attorney (not filing under Gov Code 87200) 1, 2
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LAW OFFICES OF RESOLUTION NO. 08- �06
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DESIGNATED EMPLOYEES' DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
City Clerk 6
City Engineer 2, 3, 6, 7
Code Compliance Manager 2, 3, 6, 7
Code Compliance Officer (ALL) 2, 3, 6, 7
Deputy Building Official 2, 3, 6, 7
Deputy City Clerk 6
Director of Community Development 1, 2
Director of Housing 1, 2
Director of Human Resources 6
Director of Office of Energy Management 6
Director of Public Works 1, 2
Director of Redevelopment & Housing 1, 2
Director of Special Programs 1, 2
Economic Development Manager- RDA 1, 2
Economic Development Technician (ALL) 6
Energy Project Technician 4, 6
Engineer, Senior 2, 3, 6, 7
Engineering Manager 2, 3, 6, 7
Engineering Technician (ALL) 2, 3, 6, 7
Financial Analyst, Sr. 5
Fire Chief 2, 3, 6, 7
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LAW OFFICES OF RESOLUTION NO. 08-�ob
BEST BEST £� KRIEGER LLP
DESIGNATED EMPLOYEES' DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
GIS Coordinator 6
Housing Authority Administrator 1, 2
Human Resources Manager 6
Information Systems Coordinator 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
Management Analyst (ALL) 6
Marketing Manager 6
Park Inspector 6
Parks and Recreation Services Manager 1, 2
Parks Facilities Manager 6
Parks Maintenance Supervisor 6
Plan Check Manager 2, 3, 6, 7
Planning Technician 2, 3, 6, 7
Plans Examiner (ALL) 2, 3, 6, 7
Police Captain 6, 7
Police Chief 6, 7
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LAW OFFICES OF RESOLUTION NO. 08-106
BEST BEST Ft KRIEGER LLP
DESIGNATED EMPLOYEES' DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
Police Lieutenant 6, 7
Principal Planner 2, 3, 6, 7
Project Administrator 2, 3, 6
Project Coordinator 2, 3, 6
Public Art Coordinator 6
Public Arts Manager 2, 3, 6
Public Works Inspector (ALL) 2, 3, 6, 7
Redevelopment & Housing Finance Manager 2, 3, 6
Redevelopment Manager 1, 2,
Risk Manager 6
Senior Engineer/City Surveyor 2, 3, 6, 7
Special Projects Administrator 3, 6
Streets Maintenance Supervisor 6
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 RESOLUTION NO. 08-106
BEST BEST Ft KRIEGER LLP
DESIGNATED EMPLOYEES' DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
MEMBERS OF BOARDS,
COMMITTEES & COMMISSIONS
Architectural Review Commission 1, 2
Art in Public Places Commission 2, 6
Building Board ofAppeals and Condemnation 1, 2
Cultural Resources Preservation Committee 1, 2
EI Paseo Business Association 1, 2
Housing Commission 1, 2
Landscape Beautification Committee 1, 2
Marketing Committee 1, 2
Parks & Recreation Commission 1, 2
Project Area Committee 1, 2
Public Safety Commission 1, 2
Rent Review Commission 1, 2
Consultant4
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 consultanYs 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. 08-106
BEST BEST �t KRIEGER LLP
EXHIBIT "B"
DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of investments,
business entities, sources of income, including gifts, loans and travel payments, or real
property which the Designated Employee must disclose for each disclosure category to
which he or she is assigned.
Cateqory 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.
Cateqory 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.
Cateqory 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.
Cateqory 4: All investments and business positions in, and sources of
income from, business entities that are banking, savings and loan, or other financial
institutions.
Cateqory 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.
Category 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.
Cateqory 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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2008 Local Agency Biennial Notice
Name of Agency: CITY OF PALM DESERT
Mailing Address: 73510 FRED WARING DRIVE, PALM DESERT, CA 92260-2578
Contact Person: CARLOS L. ORTEGA, CITY MGR. Office Phone No: (760) 346-0611
E-mail: cortega@ci.palm—desert.ca.us FaxNo: (760) 340-0574
This agency has reviewed its conflict-of-interest code and has determined that: �:'
_'-� ,...W
.�
,.n
�
0 An amendment is required. The following amendments are necessary: � � r -
(Check all that apply.) ' `�^� ',`
a�� ;+i:��N
tr) -, ......
� Include new positions(including consultants)that must be designated. -� :�,`:,;,,�;��
--�;r,..-.,'d,..,;
O Delete positions that manage public investments from the list of designated positions. �,;�, - -.��
c��
O Revise disclosure categories. � ;
� ,
�t Revise the titles of existing positions. '
O Delete titles of positions that have been abolished.
O Other (describe)
❑ Code is currently under review by the code-reviewing body.
❑ 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 reyuire the disclosure of all
investments,business positions, interests in real property,and sources of income that 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.
l� 2✓���
Signattme ofCh' xecutive Offecer Date
Complete this notice regardless of how recently your code was approved or amended.
Please return this notice no later than October 1,2008,to:
(PLACE RETURNADDRESS OF CODE-REVIEWING BODYHERE)
CITY OF PALM DESERT
73510 FRED WARING DRIVE
PALM DESERT, CA 92260-2578
PLEASE DO NOT RETURN THIS FORM TO THE FPPC.
Fair Politicai Practices Commission
428 J Street,Suite 62Q 5acramento,CA 95833
For Technicai Assistance: (866)ASK-FPPC
CITV OE Pfll �l DE5ER1
]j-510 FRED WARING DRNE
PALM DESERT, CALIFORNIA 92260-25']8
TEL: �60 346—o6ii
F.vc: 760 340-0574
� info@palm-desert.org
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 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 and revises titles of existing positions.
The proposed amended Appendix will be considered by the City Council
on December 11, 2008, at 3:00 p.m. or as soon as practical thereafter, 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 11, 2008, at 3:00 p.m.
The proposed amended Appendix may be reviewed at, and ccpies
obtained from, the office of the City Clerk.
R CH LLE D. KLASSEN, ITY CLER
CITY OF PALM DESERT, CALIFORNIA
December 1, 2008
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L4W OFFICES OF
BEST BEST ia KRIEGER LLP
LEGISLATIVE VERSION
(SHOWS CHANGES MADEI
APPENDIX
CONFLICT OF INTEREST CODE
OF THE
CITY OF PALM DESERT
(Amended ^^^^^•�^- �^ �nn�December 11 2008)
EXHIBIT "A"
The Mayor, Members of the City Council and Planning Commission, the
City Manager, the City Attomey, 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 s�ce .). [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.
Audit Investment and Finance Committee
Deputy City Treasurer
Financial Consultants
3 Individuals holding one of Ihe 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 S KRIEGER LLP
DESIGNATED POSITIONS
GOVERNED BY THE CONFLICT OF INTEREST CODE
DESIGNATED EMPLOYEES' DISCLOSURE CATEGORIES
TITLE OR FUNCTION 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 Finance Director 2, 3, 5
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 Supervisor 6
Building Permit Specialist (ALL) 2, 3, 6, 7
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DESIGNATED EMPLOYEES' DISCLOSURE CATEGORIES
� TITLE OR FUNCTION ASSIGNED
City Attorney (not filing under Gov Code 87200) �, 2
City Clerk g
City Engineer 2, 3, 6, 7
Code Compliance Officer(ALL) 2, 3, 6, 7
Code Compliance Manager 2, 3, 6, 7
Deputy Building Official 2, 3, 6, 7
Deputy City Clerk g
Director of Community Development �, 2
Director of Housing _ _ � Z
Director of Human Resources g
9iresieFef-Information Systems Manaaer g
Director of Office of Energy Management 6
Director of Public Works �, 2
Director of Redevelopment & Housing �, 2
Director of Special Programs �, Z
Economic Development Manager- RDA 1, 2
Economic Development Technician (ALL) 6
EnerqyProiec�_Technician q �
Engineer, Senior 2, 3, 6, 7
Engineering Manager 2, 3, 6, 7
Engineering Technician (ALL) 2, 3, 6, 7
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DESIGNATED EMPLOYEES' DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
Financial Analyst, Sr. 5
Fire Chief 2, 3, 6, 7
GIS �esl-iaisiaFl-(A�k�Coordinator g
Housing AuthorityAdministrator �, 2
Human Resources Manager g
Information Systems Ana4ysFCoordinator 6
Information Systems Technician g
Landscape Inspector(ALL) 3, 6
Landscape Manager 3, 6
Landscape Specialist 3, 6
Maintenance Services Manager 6
Management Analyst(ALL) g
Marketing Manager g
Park. l�ector _ _ __ _ __ g
Parks and Recreation Services Manager 1, 2
Parks Facilities Manaaer. . g
Parks Maintenance Supervisor g
PlanCheck__Mana er _ _ 2 3_6 7
� ^�^ �^�""�:c,�evPrincioal Planner 2, 3, 6, 7
Planning Technician 2, 3, 6, 7
Plans Examiner(ALL) 2, 3, 6, 7
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DESIGNATED EMPLOYEES' DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
Police Captain g �
Police Chief g �
Police Lieutenant g �
Projed Administrator 2, 3, 6
Project Coordinator 2, 3, 6
Public Art Coordinator g
Public Arts Manager 2, 3, 6
Public Works Inspector(ALL) 2, 3, 6, 7
Redevelopment & Housing Finance Manager 2, 3, 6
Redevelopment Manager �, Z
Risk Manager g
Senior EngineedCity Surveyor 2, 3, 6, 7
Special Projects Administrator 3, 6
Streets Maintenance Supervisor g
Traffic Signal Specialist g
Traffic Signal Technician (ALL) g
Transportation Engineer(ALL) 2, 3, 6
Visitor Information Center Manager g
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DESIGNATED EMPLOYEES' DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
I MEMBERS OF BOARDS.
COMMITTEES 8 COMMISSIONS
Architectural Review Commission �, Z
Art in Public Places Commission 2, g
Building Board of Appeals and Condemnation 1, 2
EI Paseo Business Association �. 2
"�", � c� Q �'Cultural Resources Preservation Committee 1, 2
Housing Commission �, z
Landscap_e Beautification_Committee ___ �, Z
Marketing Committee ��, 2
Parks & Recreation Commission �, 2
Project Area Committee �, Z
Public Safety Commission �, 2
Rent Review Commission �, Z
Consultant°
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 Ihe disclosure requirements described in this Section. Such written
determination shall include a description of the consultanCs duties and, based upon Ihat
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 ihe same manner
and bcation as this Conflict of Interest Code.
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EXHIBIT "B"
DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of investments,
business entities, sources of income, including gifts, loans and travel payments, 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.
Cateqory 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.
Cateqory 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.
Cateqory 4: All investments and business positions in, and sources of
income from, business entities that are banking, savings and loan, or other financial
institutions.
Cateqory 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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