HomeMy WebLinkAboutRes 2014-100 - Amnded Conflict of Interest CITY OF PALM DESERT
CITY CLERK DEPARTMENT
STAFF REPORT
REQUEST: RESOLUTION NO. 2014 100 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA,
APPROVING AND ADOPTING AN AMENDED CONFLICT OF
INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT
OF 1974.
SUBMITTED BY: Rachelle D. Klassen, City Clerk
DATE: December 11, 2014
CONTENTS: • Staff Report
• Resolution No. 2014 - 100, including the Amended Conflict of
Interest Code
• 2014 Local Agency Biennial Notice
• Notice of Intent
• Legislative Version of the Conflict of Interest Code
Recommendation
Waive further reading and adopt Resolution No. 2014 - 100, approving and
adopting an amended Conflict of Interest Code pursuant to the Political
Reform Act of 1974.
Background
As was authorized by the City Council at its meeting of June 26, 2014, 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 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, 2015). Thereafter, all newly designated
positions, which haven't already filed, will have 30 days to file an Initial Statement of
Economic Interest with the City Clerk's Office. Designated Positions already listed but
changed will be subject to the annual filing requirement by April 1, 2015, with their new
designation.
Staff Report - Adoption of Resolution Amending the Conflict of Interest Code
December 11, 2014
Page 2
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.
Fiscal Analysis
Adoption of the City's Conflict of Interest Code does not have a fiscal impact on the City.
Work by the City Attorney's Office is covered through s�id agreement with the City
(Contract No. C28881).
Submitted by: CITYCOUNCILA TION
APPROVED _,.DF,NiED�;�,-,-- �
RE IVED_ `_OTHER �-�,.��� ,_
Ra elle D. Klassen, MC, ity Clerk ME ING DA ` �
AYES: �n� � I � `?i . _� � ;
Approved: NOE : '
ABSENT:
ABSTAIN: � -
��''�{f r� ✓. klONyn�u?T,� VERIFIED BY: 1�
John M. Wohlmuth, City Manager Original on File with Ci lerk's Oflice
rd k
Attachments (as noted)
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RESOLUTION NO. 2014 - 100
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING AND
ADOPTING AN AMENDED CONFLICT OF INTEREST CODE
PURSUANT TO THE POLITICAL REFORM ACT OF 1974
WHEREAS, 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 November 15, 2012, in compliance with Government Code section
81000, et seq.; 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 City's Code; and
WHEREAS, the potentia{ 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 Code was provided to each
affected designated employee and was publicly posted for review; and
WHEREAS, a public meeting was held upon the proposed amended Code at a
regular meeting of the City Council on December 11, 2014, at which all present were given
an opportunity to be heard on the proposed amended Code.
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
Conflict of Interest Code, a copy of which is attached hereto and shall be on file with the
City Clerk, and available to the public for inspection and copying, during regular business
hours.
2. The amended Conflict of Interest Code shall become effective immediately
upon the date of its adoption and approval.
RESOLUTION NO. 2014 - 100
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, 2014, by the
following vote, to wit:
AYES:
NOES
ABSENT:
ABSTAIN:
VAN G. TANNER, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
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RESOLUTION NO. 2014 - 100
CERTIFICATION
I, Rachelle Klassen, City Clerk of the Ciry of Palm Desert do hereby certify that the
foregoing Resolution No. 2014- 100 was duly and regularly adopted by the City Council at
a regular meeting thereof, held on the 11`h day of December, 2014, and that the foregoing
is a full, true and correct copy of said Resolution.
Rachelle Klassen, City Clerk
City of Palm Desert, California
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CONFLICT OF INTEREST CODE
OF THE
CITY OF PALM DESERT
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CONFLICT OF INTEREST CODE
OF THE
CITY OF PALM DESERT
(Amended December 11, 2014)
The Political Reform Act (Gov. Code Section 81000, et seq.) requires
state and local government agencies to adopt and promulgate conflict of interest codes.
The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs.
§ 18730) that contains the terms of a standard conflict of interest code which can be
incorporated by reference in an agency's code. After public notice and hearing Section
18730 may be amended by the Fair Political Practices Commission to conform to
amendments in the Political Reform Act. Therefore, the terms of 2 California Code of
Regulations section 18730 and any amendments to it duly adopted by the Fair Political
Practices Commission are hereby incorporated by reference. This incorporation page,
Regulation 18730 and the attached Appendix designating positions and establishing
disclosure categories, shall constitute the conflict of interest code of the City of Palm
Desert (the "City").
All officials and designated positions required to submit a statement of
economic interests shall file their statements with the City Clerk as the City's Filing
Officer. The City Clerk shall make and retain a copy of all statements filed by the
Mayor, Members of the City Council and Planning Commission, the City Manager, the
City Attorney and the City Treasurer, and forward the originals of such statements to the
Fair Political Practices Commission. The City Clerk shall retain the original statements
filed by all other officials and designated positions and will make all retained statements
available for public inspection and reproduction during regular business hours. (Gov.
Code § 81008.)
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APPENDIX
CONFLICT OF INTEREST CODE
OF THE
CITY OF PALM DESERT
(Amended December 11, 2014)
PART "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), a�e NOT
subject to the City's Code but must file disclosure statements under Government Code
section 87200 et seq. [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 investment.' These positions are listed here for
informational purposes only.
Audit, Investment and Finance Committee
Deputy City Treasurer
Financial Consultants
� Individuals holding one of the above-listed positions may contact the Fair Political Practices
Commission for assistance or written advice regarding their filing obligations if they believe that
their position has been categorized incorrectly. The Fair Political Practices Commission makes
the final determination whether a position is covered by § 87200.
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DESIGNATED POSITIONS
GOVERNED BY THE CONFLICT OF INTEREST CODE
DESIGNATED POSITIONS' DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
Accountant II 4
Administrative Fire Captain (Fire Marshal) 2, 3, 5
Assistant City Manager 1, 2
Assistant Engineer 2, 3, 5, 6
Assistant Finance Director 2, 3, 5
Assistant Planner 2, 3, 5, 6
Associate Engineer 2, 3, 5, 6
Associate Planner 2, 3, 5, 6
Battalion Chief 5, 6
Building and Safety Director 2, 3, 5, 6
Building Inspector (ALL) 2, 3, 5, 6
Building Maintenance Supervisor 5
Building Permit Specialist (ALL) 2, 3, 5, 6
City Attorney (not filing under Gov Code 87200) 1, 2
City Clerk 5
City Engineer 2, 3, 5, 6
Code Compliance Officer (ALL) 2, 3, 5, 6
Code Compliance Supervisor 2, 3, 5, 6
Deputy Building Official 2, 3, 5, 6
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DESIGNATED POSITIONS' DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
Deputy City Clerk 5
Director of Community Development 1, 2
Director of Economic Development 1, 2
Director of Housing 1, 2
Director of Human Resources 5
Director of Public Works 1, 2
Director of Special Programs 1, 2
Economic Development Manager 1, 2
Economic Development Technician (ALL) 5
Engineer, Senior 2, 3, 5, 6
Engineering Manager 2, 3, 5, 6
Engineering Technician (ALL) 2, 3, 5, 6
Financial Analyst, Sr. 4
Fire Chief 2, 3, 5, 6
Human Resources Manager 5
Information Systems Manager 5
Information Systems Technician 5
Landscape Inspector (ALL) 3, 5
Landscape Specialist 3, 5
Landscape Supervisor 3, 5
Maintenance Services Manager 5
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DESIGNATED POSITIONS' DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
Management Analyst (ALL) 5
Marketing and Tourism Manager 5
Parks and Recreation Services Manager 1, 2
Parks Facilities Manager 5
Parks Maintenance Supervisor 5
Plans Examiner (ALL) 2, 3, 5, 6
Police Captain 5, 6
Police Chief 5, 6
Police Lieutenant 5, 6
Principal Planner 2, 3, 5, 6
Project Administrator 2, 3, 5
Project Coordinator 2, 3, 5
Public Works Inspector (ALL) 2, 3, 5, 6
Risk Manager 5
Senior Engineer/City Surveyor 2, 3, 5, 6
Streets Maintenance Supervisor 5
Supervising Plans Examiner 2, 3, 5, 6
Traffic Signal Specialist 5
Traffic Signal Technician (ALL) 5
Transportation Engineer (ALL) 2, 3, 5
Visitor Center Supervisor 5
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DESIGNATED POSITIONS' DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
Visitor Information Center Manager 5
MEMBERS OF BOARDS,
COMMITTEES 8� COMMISSIONS
Architectural Review Commission 1, 2
Art in Public Places Commission 2, 5
Building Board of Appeals and Condemnation 1, 2
Citizens' Sustainability Committee 1, 2
Cultural Resources Preservation Committee 1, 2
EI Paseo Business Association 1, 2
Hotel and Signature Events Committee 1, 2
Housing Commission 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
University Planning and Development Committee 1, 2
Consultant and New Position z
z
Individuals serving as a consultant as defined in FPPC Reg 18701 or in a new position created
since this Code was last approved that makes or participates in making decisions must file under
the broadest disclosure category set forth in this Code subject to the following limitation:
The City Manager may determine that, due to the range of duties or contractual obligations, it is
more appropriate to assign a limited disclosure requirement. A clear explanation of the duties
and a statement of the extent of the disclosure requirements must be in a written document.
(Gov. Code Sec. 82019; FPPC Regulations 18219 and 18734.). 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. (Gov. Code Sec. 81008.)
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PART "B"
DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of economic
interests that the designated position must disclose for each disclosure category to
which he or she is assigned.3 Such economic interests are reportable if they are either
located in or doing business in the jurisdiction, are planning to do business in the
jurisdiction, or have done business during the previous two years in the jurisdiction of
the City.
Cateqory 1: All investments and business positions in business entities,
and sources of income, including gifts, loans and travel payments, 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 business entities,
and sources of income, including gifts, loans and travel payments, 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 business entities,
and sources of income, including gifts, loans and travel payments, that provide services,
products, materials, machinery, vehicles or equipment of a type purchased or leased by
the City.
Catec,�ory 5: All investments and business positions in business entities,
and sources of income, including gifts, loans and travel payments, that provide services,
products, materials, machinery, vehicles or equipment of a type purchased or leased by
the designated position's department, unit or division.
CatecLory 6: All investments and business positions in business entities,
and sources of income, including gifts, loans and travel payments, from, business
entities subject to the regulatory, permit, or licensing authority of the designated
position's department, unit or division.
3 This Conflict of Interest Code does not require the reporting of gifts from outside this agency's
jurisdiction if the source does not have some connection with or bearing upon the functions or
duties of the position. (Reg. 18730.1)
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RECEIVED
CIT Y CLERK'S OFFICE
PALM DESERT. CA
2014 Local Agency Biennial Notice2014 SEP 30 AM 10= 06
Name of Agency� CITY OF PAI1i DESERT, CALIFORNIA
Mailing Address: 73510 FRED WARING DRIVE, PAL,li DESERT, CA 92260-2578
Contact Person: JO�l M. WO�MDTH, CITY MANAGER Phone No: ��60) 346-0611
E-Mail: JWohlmuth@cityofpalmdesert.org
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 includes disclosure by those 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.)
� Include new positions (including consultants) that must be designated
o Revise disclosure categories
� Revise the titles of existing p�sitions
g Delete positions that no longer make or participate in making governmental decisions
o Other (describe)
❑ The code is currently under review by the code reviewing body.
❑ No amendment is required. (If your code is more than five years old, amendments may be necessary.)
Ver�cation
This agency's conBict of inferest code accurately designates a!1 positions that make or participate in the making of
govemmenta!decisions. The disclosure categories assigned to those positions accuratefy require the disclosure of
afl investments, business positions, interests in rea!propert}; and sources of income that may foreseeably be affected
matenally by t ecisions made by those holding designated positions. The code includes al!other provisions
requir�d by ve m Code Secti 87302.
SEPTEliBER 30, 2014
ignature Chief Executive Officer Date
Complete a r turn this notice regardless of how recently your code was approved or amended. Please return this
notice no la r an October 1, 2014, or by the date specified by your agency, if earlier, to:
(PLACE RE RN ADDRESS OF THE CODE REVIEWING BODY HERE)
73510 FRID WARING DRIVE
PAI2i DESERT, CA 92260
PLEASE DO NOT RE7URN THIS FORM TO THE FPPC
California Fair Political Practices Commission www.fppc.ca.gov 866-275-3772 advice�fppc.ca.gov 6/14
� � � Y � � � � � �I � � S � R �
7;-�►o FRlil) VUAKI\C; UNIVP.
P,��H Drs�Kr, C,�►.irc�xNin <�zz6o-z�78
TEL: 760 346-06� �
in�o�n cin ufpalmdrscrt.�ir}
NOTICE OF INTENTION TO AMEND THE
CONFLICT OF INTEREST CODE OF THE
CITY OF PALM DESERT
NOTICE IS HEREBY GIVEN that the City Council of the City of
Palm Desert intends to amend the City's 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 includes new
positions that must be designated, revises titles of existing positions, deletes titles of
positions that have been abolished and includes clarifying language as provided by the
Fair Political Practices Commission.
The proposed amended Code will be considered by the City Council on
December 11, 2014, at 4:00 p.m. 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 Code. Any comments or inquiries should be
directed to the attention of Rachelle Klassen, City Clerk, City of Palm Desert,
73510 Fred Waring Drive, Palm Desert, CA 92260-2578; (760) 346-0611. Written
comments must be submitted no later than December 11, 2014, at 4:00 p.m.
The proposed amended Code may be reviewed at, and copies obtained
from, the office of the City Clerk.
RA H LLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
NOVEMBER 25, 2014
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