HomeMy WebLinkAboutReview - Conflict of Interest CodeCITY OF PALM DESERT
CITY CLERK DEPARTMENT
STAFF REPORT
REQUEST: AUTHORIZATION TO REVIEW THE CITY'S CONFLICT OF
INTEREST CODE
SUBMITTED BY: Rachelle D. Klassen, City Clerk
DATE: June 14, 2012
CONTENTS: • Staff Report
• Letter from Best, Best & Krieger
• Flier 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, pursuant to the Political Reform Act, and if
necessary at the appropriate time thereafter, prepare a resolution to be
adopted by the City Council to effect the required amendments.
Background
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 (COI) Code.
The last update was performed in 2010, which found no substantive changes to be
made; therefore, Resolution No. 08-106 adopted in December 2008 is the current
version.
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 COI Code. If it is found that changed
circumstances make it necessary to make amendments to the Code, an
amended COI 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 changes that will require the City's COI Code to be amended
(i.e., Titles of Designated Positions subject to the 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.
Staff Report - Authorization to Review Conflict of Interest Code
June 14, 2012
Page 2
Fiscal Analysis
Specific action to authorize review of the City's COI does not have a fiscal impact on the
City. However, analysis of designated positions and recommendations for additions or
deletions will be performed by staff, followed by the City Attorney's Office review of the
findings and assistance with preparing any necessary documents for adoption of the
amended COI Code in December. Work by the City Attorney's Office is covered through
said agreement with the City (Contract No. C28880).
Submitted by:
Approved:
hn M. Wohlmuth, City Manager
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Attachments (as noted)
CITY COUNCIL ACTION
APPROVED_ DENIED
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Original on File with City Clerk's Office
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INDIAN WELLS
SACRAMENTO
(760) 568-261 1
BEST BEST & KRIEGER 7
(916) 325-4000
IRVINE
SAN DIEGO
(949) 263-2600 ATTORNEYS AT LAW
(6 1 9) 52 5- 1 300
L05 ANGELES
WALNUT CREEK
(2 1 3) 61 7-B 100 IT
3390 UNIVERSITY AVENUE, STH FLOOR, P.O. BOX 1028, RIVERSIDE, CA 92502
(925) 977-3300
ONTARIO PHONE: (95I) 686-1450 I FAX: (951) 686-3083 I WWW. BBKLAW.COM
WASHINGTON, DC
(909) 989-8584
(202) 7850600
DIANNA MARIE VALDEZ, PARALEGAL
CONFLICTS OF INTEREST S, ETHICS COORDINATOR
(95 1) 826-8252
DIANNAMARIE.VALDEZ@BBKLAW.COM
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May 7, 2012
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TO: CITY MANAGERS
FROM: BEST BEST & KRIEGER LLP
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RE: 2012 MANDATORY REVIEW OF CONFLICT -OF -INTEREST CODES
This is a reminder that 2012 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. It is suggested that you place this item on your
agenda as soon as convenient, but in no event later than July 1, 2012. 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 your Code needs to be amended, you will
have 90 days after the date of filing your Biennial Notice to complete the amendment and
submit it to the City Council for approval. (Gov. Code § 87306.5)
Throughout the summer and fall, we will be assisting clients with these reviews and any
necessary updates. If you participate in Project 1 of BBK's Public Law Update Program, we will
be contacting your filing officers directly for certain specifics regarding your list of designated
positions and the filing of your Biennial Notice. Meanwhile, if you have any questions regarding
the 2012 biennial review process, please contact Dianna Valdez, our conflicts of interest and
ethics coordinator, or your principal lawyer here.
Also, please contact Dianna if you are not currently a participant in our Project 1 Update
Program but would like to participate beginning with this code -review cycle.
MICHAEL T. RIDDELL
cc: City Clerks/Filing Officers
93939.00001 \7402595.1
FAIR POLITICAL PRACTICES COMMISSION
2012 Conflict -of -Interest Code
Biennial Notice for City Attorneys and City Clerks
The Political Reform Act requires every local
government agency to review its conflict -of -
interest code biennially.
October 1, 2012: The biennial notice must be
filed with the City Council.
The City Council is the code reviewing body for
city agencies. The City Council must notify city
agencies not covered under the city's conflict -
of -interest code to review its code no later than
July 2, 2012, and submit a biennial notice to the
City Council by October 1, 2012. We have
prepared a 2012 Local Agency Biennial Notice
form that city agencies may utilize. This notice
is not forwarded to the FPPC.
Within 90 days, agencies must submit
amendments, if necessary, to the City Council
for approval. An agency's amended code is not
effective until approved by the City Council.
FPPC ADOPTS NEW FORMS TO
SIMPLIFY DISCLOSURE
Consultants: The Form 805 may be used to
identify consultants that will make or participate
in making governmental decisions on behalf of
the city. The Form 805 is also used to identify
the consultant's disclosure requirements which
should conform to the range of the consultant's
duties.
Example: The city hires a firm to prepare an
environmental impact report ("EIR") on airport
expansion. The individual at the firm who will
prepare the EIR should be assigned a
disclosure requirement that reflects the
contract's scope of authority. An example
might include real property, investments and
business positions in business entities, and
income from only those sources engaging in air
traffic or aviation goods or services. The city
can also assign an existing disclosure category,
if applicable.
California Fair Political Practices Commission
New Positions: FPPC Regulation 18734
requires an individual hired for a position not yet
covered under your city's conflict -of -interest code
to file Form 700 if the individual serves in a
position that makes or participates in making
governmental decisions. These individuals must
file under the broadest disclosure category until
the code is amended to include the new position
unless your city provides, in writing, a limited
disclosure requirement.
Example: The city hires a new IT Specialist. This
is a brand new position, thus not listed in the city s
conflict -of -interest code. Because this individual
will make decisions on purchasing software, the
position must be added to the code. The city
completes the Form 804 to provide the individual
with limited disclosure relating to IT interests.
REDEVELOPMENT AGENCY UPDATES
As set forth in Government Code Section
87300, successor agencies and oversight
boards for redevelopment agencies are
required to adopt a conflict -of -interest code.
Alternatively, the code reviewing body may
determine that the city itself is the "agency" and
amend its own conflict -of -interest code to cover
designated employees in the successor agency
and oversight board.
Attend a Seminar!
Current seminar schedules are available at
www.fppc.ca.gov under Workshops. Seminars
& YouTube.
To register for a seminar, e-mail
seminars@fppc.ca.gov.
Seminars are subject to change.
Page 1 of 1 advice@fppc.ca.gov
www.fppc.ca.gov/866-ASK-FPPC 6/2012
2012 Local Agency Biennial Notice
Name of Agency:
Mailing Ad
Contact Person: Office Phone No:
E-mail:
Fax No:
Accurate disclosure is essential to monitor whether officials have conflicts of interest and
to help ensure public trust in government. The biennial review examines current programs
to ensure that the agency's code requires disclosure by agency officials who make or
participate in making governmental decisions.
This agency has reviewed its conflict -of -interest code and has determined that (Check one box):
❑ An amendment is required. The following amendments are necessary:
(Mark all that apply.)
O Include new positions.
O Revise disclosure categories.
O Revise the titles of existing positions.
O Delete titles of positions that have been abolished and/or positions that no longer make or
participate in making governmental decisions.
O Other (describe)
❑ No amendment is required.
❑ The code is currently under review by the code reviewing body.
Verification
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 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 Officei
Date
Complete this notice regardless of how recently your code was approved or amended.
Please return this notice no later than October 1, 2012, or the date specified by your agency, if earlier, to:
(PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE)
PLEASE DO NOT RETURN THIS FORM TO THE FPPC.
California Fair Political Practices Commission advice@fppc.ca.gov/ www.fppc.ca.gov/866-ASK-FPPC 6/2012