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Home My WebLink AboutReview the Conflict of Interest Code - 06/12/08 CITY OF PALM DESERT COMMUNITY SERV�CES DIVISION CITY CLERK OPERATIONS STAFF REPORT REQUEST: AUTHORIZATION TO REVIEW THE CITY'S CONFLICT OF INTEREST CODE SUBMITTED BY: Rachelle D. Klassen, City Clerk DATE: June 12, 2008 CONTENTS: I. Staff Report II. Copy of Letter from Best, Best & Krieger III. Fliers from the Fair Political Practices Commission Recommendation: 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. 06-158 in December 2006. • 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: Revi .wed an.d�con r� r - L � J�, R HELLE D. KL SE , CITY CLERK �'f SHEILA R. GILLIGAN, AC OMM. SERVICES �OUNCIL �.CTION: Approved: �PPROVED � DENI D RRCEIVED OTHER ,_, �ETI G D�TE � r,,, CARLOS L. ORTE A, CITY MANAGER �S� �'� � ..... �+toEs: Attachments (as noted) ABSENT: �a✓�� iBSTAIN• � , 31EgIFIED BY• r� i�riainal ns�� F� � � wit- ^i�-v C`lArk� � (lffirF BEST BEST & KRIEG.�� _:�-_�,;' ''�� :� � ATTORNEYS AT LAVV P I,�`�'j J'.�`.. �. ,�,��A r IN�IA�'V WEL�S SACRAMENiO (760)568-2611. 3750 UniVersity Avenue,Suite 4 0 (916)325-4000 �RwhE. Post Office Box 1028 ��? MAY -9 PF4 �� 2 � Riverside, California 92502-1028 SAN DiEGO (949)263-2G00 (619)525-1300 _ (951)686-1450 — LCS AN3ELES (951)686-3083 Fax �NAL�'UT C.REEK ;213)617-8100 BBKlaw.com (925)977-3300 ONTAi710 (909)989-8584 Dianna Marie Valdez (951)826-8252 DiannaMarie.Valdez�bbklaw.com May 7, 2008 T'O: CITY MANAGERS FROM: BEST BEST & KRIEGER LLP RE: 2008 MANDA��ORY REVIEW OF CONFLICT-OF-INTEREST CODES This is a reminder that 2008 is a mandatory review year for all public agencies to review their conflict-of-interest codes, file Biennial Notices ��ith their code-reviewing bodies, and update their conflict-of-interest codes, if necessary. On or before July l, your City Council, as the City's code-revie��ing body, must notify you of this and direct you to review the City's Code. If you have not done so already, it is sug�ested that you place this item on your agenda as soon as convenient, but in no event later than July 1, 2008. You will then have until October 1 to complete your code review and file your Biennial Notice with your City Clerk reflecting the results�f your revie�v. 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. (Gov. Code � 87306.5) Throughout the summer and fatl, ��e will be assisting clients with thesc reviews and any necessary updates. If' you participate in BF3K's Update Program - Project 1, �i�e wil] be contacting your filing ofticers directly for certain specifics regarding your list of designated employees and the (iling of your Biennial Notice. Meanwhile, if you have any questions regarding the 2008 biennial review proccss, please contact our cont7icts of interests and ethics coordinator, Dianna Marie Valdez, or your principal la��yer here. Also, please contact Diai�na if you are not currently a participant in our Update Program - Project 1 but would like to participate for this code-revie�v cycle. MICfIAEI_ T. RI[�DEI.L cc: City Clerks!Filing Of�ficers KVPI.'k3'I)V.�LI)L"/`]486�19.'_ FAIR POLITICAL PRACTICES COMMISSION 2008 Conflict-of-Interest Code Biennial Notice for City Attorneys and City Clerks "I'he Political Reform Act requires every local government agency to review its conflict-of- Amending a Conflict-of-Interest Code interest code biennially. No later than Julv 1 of Seminar Locations and Dates each even-numbered year, code reviewing bodies must notify each agency �vithin their jurisdiction . Sunta Monicu Councit Chambers to review its conflict-of-interest code. No later "1'uesday,June 3 than October 1 of each even-numbered year, each 1685 Main Street agency must submit to the code reviewing body a 1:00 p.m. —3:00 p.m. notice indicating whether or not an amendment is . San Rafuel Counci!Chambers necessary. Thursday, June 5 The City Council is the code reviewing body 1400 Fifth Avenue for city agencies. Therefore, no later than July l, 10:00 a.m. — 12:00 p.m. 2008,the City Council must notify any city • Sacrumento, FPPC 13`�'Fl. Hearing R��m agency not covered under the city's conflict-of- Wednesday, June 1 1 interest code to review its code and submit a 428 J Street biennial notice to the City Council. 1:00 p.m. —3:00 p.m. The Biennial Notice for the city's conflict-of- ' Modesto, County Board Chambers interest code and any separate city agency is due "ruesday, June 17 to the City Council by October l, 2008. We have 1010 Tenth Street prepared a 2008 Local Biennial Notice form that 10:Q0 a.m.— 12:00 p.m you may send to the agencies. Please remember • Sacramento, FPPC 8` FL Hearing Room to put your return address at the bottom of the Wednesday, June 18 form. These notices ure not sent to the FPPC 428 J Street 10:00 a.m. — 12:00 p.►n. If amendments to an agency's code are • Adelanto Council Chambers necessary,the code must be forwarded to the City Wednesday, June 18 Council for approval within 90 days. For 11600 Air Expressway example, if an agency files its notice on October 2:00 p.m.—4:00 p.m. 1,2008, indicating that an amendment is • San Diego County Admin Bldg.,Rm 402 necessary,the amendmcnt is due to the City Thursday, June 19 Council by December 30, 2008. An agency's 1600 Pacific Highway amended code is not effective until it has been 9:00 a.m.— 1 1:00 a.m. approved by the City Council. 2:00 p.m. —4:00 p.m. Should you have any questions regarding this • Sacrumento, FPPC b'`" F[. Hearing Rnom mailing, please feel 1�ee to call the FPPC at(866) Wednesday, June 25 ASK-f�PPC. Copies ofthis mailing and additional 428 J Street information can be found on our website at 1:00 p.m. —3:00 p.m. www.fppc.ca.gov. • Santa Ana, Cuunty Board Rm, 1'`F[. Thursday, June 26 Plcase plan to attend one of the seminars for a 333 W. Santa Ana Blvd. thorough discussion of the conflict-of-interest 1:00 p.m.—3:00 p.m. code amendment process. To register for a seminar,call the FPPC at(866)ASK-FPPC,press 4. Seminars are subject to change. 2008 Local Agency Biennial Notice Name of Agency: Mailing Address: Contact Person: Office Phone No: 1: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 a!!thu�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 cxisting 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 require the disclosure of all investments, business positions, interests in real property,and sources of income that may foreseeably bc 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. Srgnature njChrejl:xeciurre O�cer Dute Complete this notice regardless of how recently your code was approved or amendcd. Please retum this notice no later than October 1,2008,to: (PLACE RETURN ADDRESS OF CODE-REVIEWING BODY HERE) PLF:ASF.DO VOT RF,TUR\THIS FOR�f"CO THE FPPC. F�ir Political Practices Commission 428 J Strect,Suitc G20,Sacramcnto,C'A 95833 For'1'echnical Assistancc (866)ASK-FPPC