HomeMy WebLinkAboutCultural Resources Preservation Committee - Remove A. Davis from CommitteeCITY OF PALM DESERT
CITY CLERK DEPARTMENT
STAFF REPORT
REQUEST: REMOVAL OF ARTHUR DAVIS FROM THE CITY'S CULTURAL RESOURCES
PRESERVATION COMMITTEE
SUBMITTED BY: City Clerk on behalf of Councilmember Jean M. Benson
DATE: January 12, 2012
CONTENTS: • Staff Report
• P.D.M.C. Ch. 2.34 - Committee/Commission Member Requirements
• Memorandum to the City Council
• Letter from the FPPC
• Memorandum from Director of Building & Safety
Recommendation
By Minute Motion, remove Arthur Davis from the City's Cultural Resources Preservation
Committee (term Dec. 31, 2011), creating a vacancy for a new four-year term (Jan. 1,
2012 - Dec. 31, 2015) on the Committee.
Background
Mr. Davis was appointed to the Cultural Resources Preservation Committee on February 10, 2011, and
assumed office on April 26, 2011. After several reminders and requests for compliance, he did not file
an Assuming Office Statement of Economic Interests - Form 700 as required by the City's Conflict of
Interest Code. Therefore, his non -filer status was referred to the Fair Political Practices Commission
(FPPC) for enforcement of this requirement on November 29, and the referral was accepted by that office
on December 6. As stated in their letter to Mr. Davis dated December 27, 2011, prior to a formal
enforcement action and monetary penalty of up to $5,000, he can settle with a reduced penalty by filing
the Assuming Office Statement with the FPPC within 21 days (January 17, 2012), along with paying a
$200 total penalty to the State of California.
Given this information, it is recommended that Mr. Davis's term be ended immediately and that he not
be able to continue in his office.
Fiscal Analysis
There is no fiscal impact to the City associated with this recommendation.
Submitted by:
Approved:
Rac elle D. Klassen, MMC, ty Clerk ?J1
. Wohimuth, City Manager
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Attachments (as noted)
Regular Palm Desert City Council Meeting January 12, 2012
XVI. NEW BUSINESS
H. REQUEST FOR APPROVAL OF ARTHUR DAVIS FROM THE CITY'S CULTURAL
RESOURCES PRESERVATION COMMITTEE.
Rec: By Minute Motion, remove Arthur Davis from the City's
Cultural Resources Preservation Committee (term Dec. 31,
2011, creating a vacancy for a new four-year term
(Jan. 1, 2012 - Dec. 31, 2015) on the Committee.
Action: Approved the recommendation. 5-0
CITY COUNCIL ACC [ON
APPROVED ✓✓ DENIED
RECEIVED OTHER
AYF,S: - '/ r r t KLIVII Tiu
NOES:
ABSENT: W l C
A13STAIN:D an`e-
VERIFIEBY:
Original on File with City , ei-k's Office
Chapter 2.34 COMMITTEE/COMMISSION MEMBER REQU... Page 1 of 1
Palm Desert Municipal Code
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Title 2 ADMINISTRATION AND PERSONNEL
Chapter 2.34 COMMITTEE/COMMISSION MEMBER REQUIREMENTS
2.34.010 Terms of appointment —Residency requirement—Unexcused absences -Term length.
A. The beginning date for all terms of appointment to any city committee or commission will be January 1
and the ending date will be December 31, with the exception of appointments made to fill unexpired terms of
office, or appointments made to fill new positions created during the year, but which will all be ultimately based
upon the calendar year thereafter. Following expiration of the term of office, each member shall continue to
serve until either he or she is reappointed or his or her successor is qualified and appointed.
~ B. All terms of office for city committee and commission members will be four years, unless otherwise
specified in the establishing ordinance, resolution, or bylaws therefor. Each member of a committee or
commission shall be eligible for reappointment at the discretion of the city council, recognizing, however, that it
is the city's goal to allow as many qualified and willing individuals as possible an opportunity to serve their
community.
C. Residency within the city limits of Palm Desert shall be a requirement for appointment to a city
committee or commission except in cases where the city council deems it appropriate to appoint a nonresident to
a board that has need of a specific expertise offered by a nonresident.
D. Three unexcused absences from regular meetings in any one year (January 1—December 31) shall
constitute an automatic resignation of members holding office on boards that meet monthly.
E. Six unexcused absences from regular meetings in any one year (January 1—December 31) shall
constitute an automatic resignation of members holding office on boards that meet twice monthly.
Now* F. Any or all members of any city committee or commission may be removed at any time, with or without
cause, by a vote of the city council. (Ord. 1017 § 2, 2003: Ord. 899 (part), 1999)
2.34.020 Excused absence defined.
An "excused absence" may be granted if the member is hospitalized due to illness, serving on jury duty,
serving in the military, or has suffered a death in the family (spouse, parent/step-parent, grandparent, brother,
sister, mother in-law, father in-law, child, grandchild, or any member of the immediate household). (Ord. 1017 §
3, 2003: Ord. 899 (part), 1999)
http://gcode.us/codes/palmdesert/view.php?topic=2-2_34&showA... 1 /4/2012
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CITY OF PALM DESERT
CITY CLERK DEPARTMENT
INTEROFFICE MEMORANDUM
To: Honorable Mayor and Members of the City Council
John M. Wohlmuth, City Manager/RDA Executive Director Ns�s
From: City Clerk
Date: December 5, 2011 j
Subject: FPPC Referral for Cultural Resources Preservation Committee Member
Arthur Davis - Assuming Office Non -filer
Arthur Davis was appointed to the City's Cultural Resources Preservation Committee on
February 10, 2011. He was sworn in to that office at the Committee's Regular Meeting of
April 26, 2011, and the 30-day filing period for him to file his Assuming Office Statement
of Economic Interests - Form 700 began as a Designated Position within the City's Conflict
of Interest Code. The deadline for that filing was May 26, 2011.
Several written notifications and reminders were provided to him by me in April, May, June,
July, and lastly in November. Additionally, I personally contacted him when he was visiting
City Hall over the summer, and the Committee's Recording Secretary also provided
reminders about this requirement. Without any response from Mr. Davis regarding this
obligation, it was necessary for me as the City's FPPC Filing Official to refer the matter to
that agency. Attached is a copy of the Referral Form that was mailed to the FPPC on
November 29.
Mr. Davis was appointed to the Committee to fill the vacancy created by the death of
Vera Handley. His current term is set to be up on December 31, 2011, but he will continue
to serve until he either relinquishes the position or a successor is qualified and appointed.
Please let me know if I can provide any further information on this matter.
Attachment (as noted)
H:IWPdats1WPD0CSIMemos1davis arthurippc refer wpd
Statement of Economic Interests
Form 700 Non -Filer Enforcement Referral
In order to expedite the enforcement referral, please complete the information below.
a.
1. FILING OFFICER INFORMATION r
rn
Filing Officer:_ Rachelle D. Klasse�A Title: City Clerk Y'r"
Address: City of Palm Desert, 73510 Fred Waring Dr., Palm Desert, CA 92260
Telephone:(760)
346-0611
Fax-(760) 340-0574 E-mail: rklassen@cityofpalmdesert.org
Agency:
City
of Palm Desert,
California
II. NON -FILER INFORMATION
Member of the Palm Desert
Name: Arthur Davis Position: Cultural Resources Preservation Crate.
Agency: City of Palm Desert
Address (Home): 74053 Scholar Ln. West, P 0 Box 4435 Palm Desert, CA 92261
Employer: Graphtek Interactive
Address (work): 72-185B Painters Path, Palm Desert, CA 92260
Telephone (Home): _(760) 808-4664 Telephone (work): (760) 808-4664
III. STATEMENT INFORMATION
Type of Non -Filed Statement:
NO Assuming: 04 / 26 / 2011 ❑ Annual ❑ Leaving / / Date Due: 05 / 26 / 2011
(Date) (Year) (Date)
❑ Assuming: / / ❑ Annual ❑ Leaving / / Date Due:
(Date) (Year) (Date)
Number of Prior Filings: -0- (Attach copy of most recent statement filed.) Number of Prior Late Filings: -0-
(Attach filing history.)
Currently Holding Position? M Yes ❑ No
IV. NOTIFICATIONS: Attach copies of letters, phone logs, a -mails or other documentation.
Two written notifications must be made before referring this matter to the Fair Political Practices Commission Enforcement
Division for consideration for formal enforcement action.
Date: Ott/ 12Q j j ❑ Verbal CR Written
Date: 05 / 25 / 2011 ❑ Verbal IN Written
Please include a copy of the conflict of interest code.
Date: 06 /03 /2011 ❑ Verbal M Written
Date: 07 / 20 / 2011 ❑ Verbal M Written
Date: 11 / 09 / 2011 X Written
Upon completion, mail the form and attachments to:
Fair Political Practices Commission ns Enforcement Division
428 J Street, Ste. 620 •:• Sacramento, CA 95814-:• Telephone: (916) 322-6090 •. Fax: (916) 322-1932
2110
FAIR POLITICAL PRACTICES COMMISSION
428 1 Street • Suite 620 • Sacramento, CA 95814-2329
(916) 322-5660 9 Fax (916) 322-0886
Settlement Communication Made Pursuant to
Evidence Code Section 1152 and 1154
December 27, 2011
Mr. Arthur Davis
P.O. Box 4435
Palm Desert, CA 92261
Re: FPPC File No. 11 / 1121; Arthur Davis
Dear Mr. Davis:
On December 6, 2011, the Enforcement Division of the Fair Political Practices
Commission received a non -filer referral from the City o Palm Desert for your failure to
file your Assuming Office Statement of Economic Interests by May 26, 2011, regarding
your position as a member of the Palm Desert Cultural Resources Preservation
Committee.
By failing to file your Assuming Office statement by the May 26, 2011 deadline,
you have violated the provisions of the Political Reform Act (the "Act").' The
Enforcement Division may now commence an enforcement action against you, and
obtain an order that you pay a monetary penalty to the State of California of up to $5,000
for the violation.
Before commencing that enforcement action, you are encouraged to participate in
the Enforcement Division's streamlined statement of economic interests enforcement
program wherein we can significantly reduce that penalty if you comply with filing your
2010 Statement of Economic Interests and stipulate to a reduced total penalty of $200
within 21 days. To take advantage of this offer you must:
' The Political Reform Act is contained in Government Code Sections 81000 through 91014. All
statutory references are to the Government Code, unless otherwise indicated. The regulations of the Fair
Political Practices Commission are contained in Sections 18110 through 18997 of Title 2 of the California
Code of Regulations. All regulatory references are to Title 2, Division 6 of the California Code of
Regulations, unless otherwise indicated.
FPPC File No. 11/1121
Page 2
1) Complete the enclosed Form 700 and any appropriate schedules;
2) Return the Form 700, along with the signed and dated Stipulation, Decision
and Order; and
3) Include a cashier's check or money order (not a personal check) in the amount
of $200 made payable to the State of California in the envelope provided
postmarked no later than January 17, 2012.
Please note that the administrative penalty increases for every additional effort
required by staff to resolve this matter. If the Stipulation, Form 700 and cashier's check
is not received by January 17, 2012, the penalty increases to $400 and will continue to
increase until compliance is met. If you have any questions, please call me directly at
(916) 322-8194.
Sincerely,
Jeanette E. Turvill
Political Reform Consultant
Enforcement Division
JET/jt
Enclosures
cc: Ms. Rachelle D. Klassen
City of Palm Desert
0-
CITY OF PALM DESERT
BUILDING & SAFETY DEPARTMENT
INTEROFFICE MEMORANDUM
To: Rachelle Klassen, City Clerk Ob-
From: Russell A. Grance, Director of Building and Safety
Date:
December 6, 2011
Subject: CRPC Member Arthur Davis
Attached you will find the CRPC schedule of meetings and or workshops that were held
for calendar year 2011 with specific reference to the attendance of Mr. Arthur Davis. It
would be my recommendation to the City Council that his re -appointment for next
calendar year be re-examined. His limited attendance and lack of involvement with the
committee gains little or no benefit to the other members who actively participate with
the goals of the committee. Mr. Davis may be better suited for another committee that
better peaks his interest.
2011 CULTURAL RESOURCES PRESERVATION COMMITTEE
MEETING DATES
All Meetings at 10:00 a.m. in the Administrative Conference Room
DATES
TUESDAY, JANUARY 25, 2011
TUESDAY, FEBRUARY 22, 2011
TUESDAY, MARCH 29, 2011
TUESDAY, APRIL 26, 2011
TUESDAY, MAY 31, 2011
TUESDAY, JUNE 28, 2011
TUESDAY, JULY 26, 2011
TUESDAY, AUGUST 30, 2011
TUESDAY, SEPTEMBER 27, 2011
TUESDAY, OCTOBER 25, 2011
TUESDAY, NOVEMBER 29, 2011
TUESDAY, DECEMBER 27, 2011
MEETING / WORKSHOP
Meeting — Cancelled
Meeting (Election of Officers)
Meeting
Workshop
Workshop
Workshop
Workshop
Workshop
Meeting
Workshop
Workshop
Cancelled (Holiday)
PRESENT / ABSENT (Art Davis)
N/A
N/A
Absent for Swearing In
Present (Sworn In)
Present
Present
Cancelled
Absent
Present
Absent
Absent
Cancelled