RCPDFA-1RESOLUTION NO. RCPDFA 1
A RESOLUTION OF THE AUTHORITY COMMISSION
OF THE RIVERSIDE COUNTY PALM DESERT
FINANCING AUTHORITY APPROVING BYLAWS OF
THE AUTHORITY AND ADOPTING A CONFLICT OF
INTEREST CODE CONTAINING DESIGNATED
POSITIONS AND DISCLOSURE CATEGORIES
RECITALS:
A. The Palm Desert Redevelopment Agency and the County of
Riverside have heretofore entered into a Joint Exercise of Powers Agreement, dated as of
January 1, 2002 (the "Agreement"), which Agreement creates and establishes the
Riverside County Palm Desert Financing Authority (the "Authority").
B. In accordance with Section 25 of the Agreement, the Board of
Directors of the Authority desires to adopt bylaws for the conduct of its business.
C. The Political Reform Act, Government Code Sections 81000 et seq.
requires the Authority to adopt a Conflict of Interest Code.
D. The Fair Political Practices Commission (the "FPPC") has adopted a
standard model Conflict of Interest Code, which is codified at 2 California Code of
Regulations Section 18730 and can be incorporated by reference by the Authority as the
Authority's Conflict of Interest Code.
NOW THEREFORE, THE BOARD OF DIRECTORS OF THE
RIVERSIDE COUNTY PALM DESERT FINANCING AUTHORITY HEREBY
FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:
Section 1. The Bylaws of the Authority, attached hereto as Exhibit A, are
hereby approved and adopted as the official bylaws of the Authority.
Section 2. The standard model Conflict of Interest Code adopted by the
FPPC, attached hereto as Exhibit B, as amended by the FPPC from time to time, and
Appendix A thereto, which sets forth the designated positions and the disclosure
categories for each position of the Authority, are hereby adopted and incorporated by
reference herein and shall constitute the Conflict of Interest Code for the Authority.
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Section 3. Persons holding designated positions listed on Appendix A to
the Conflict of Interest Code shall file statements of economic interest according to the
requirements contained in Appendix A.
2002.
ATTEST:
Secretary
PASSED, APPROVED AND ADOPTED this 7TH day of OCTOBER ,
AYES: ORTEGA, WILSON, BELLY
NOES: NONE
ABSENT: PARRISH
ABSTAIN: NONE
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President
rTh
RESOLUTION NO. RCPDFA 1
3 2002
hALL
BYLAWS OF THE
RIVERSIDE COUNTY PALM DESERT FINANCING AUTHORITY
ARTICLE I - THE AUTHORITY
Section I. Name of Authority. The name of the Authority shall be the
"Riverside County Palm Desert Financing Authority."
Section 2. Seal of Authority. The Authority may have a seal. The seal of
the Authority shall be in the form of a circle and shall bear the name of the Authority and
the year of its organization.
Section 3. Office of Authority. The office of the Authority shall be at the
offices of the Palm Desert Redevelopment Agency.
ARTICLE II - OFFICERS
Section 1. Officers. The officers of the Authority shall be a President, a
Vice -President, a Secretary, a Treasurer and a Chief Administrative Officer. Subject to
other direction of the Authority Commission by resolution or minute order, an officer
shall sign all contracts, deeds and other instruments made by the Authority.
Section 2. President. The President shall be the member of the Authority
Commission who is the then current member of the Agency Board of the Palm Desert
Redevelopment Agency. The President shall preside at all meetings of the Authority
Commission.
Section 3. Vice -President. The Vice -President shall be the member of the
Authority Commission who is the then current member of the Board of Supervisors of the
County of Riverside. The Vice -President shall perform the duties of the President in the
absence or incapacity of the President.
Section 4. Secretary. The Secretary shall be the then current Secretary of
the Palm Desert Redevelopment Agency. The Secretary shall keep the records of the
Authority, shall act as Secretary of the meetings of the Authority Commission and record
all votes, and shall keep a record of the proceedings of the Authority in the form of
minutes to be kept for such purpose, and shall perform all duties incident to the office of
Secretary. The Secretary shall keep in safe custody the seal of the Authority and shall
have power to affix such seal as required to all contracts and instruments authorized to be
executed by the Authority Commission. The Secretary may attest to signatures of other
officers of the Authority.
Section 5. Treasurer. The Treasurer shall be the then current Treasurer of
the Palm Desert Redevelopment Agency. The Treasurer shall keep regular books of
accounts showing receipts and expenditures and shall render to the Authority
Commission, the County of Riverside and the Palm Desert Redevelopment Agency, as
requested, an account of the transactions of the Authority and shall perform any other
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RESOLUTION NO. RCPDFA 1
duties that are designated from time to time by the Authority. The Treasurer, or in the
absence of the Treasurer, a person appointed by the Treasurer or the Authority
Commission, shall have the care and custody of all funds of the Authority. The Treasurer
may enter into agreements on behalf of the Authority with any financial institution
authorized to accept deposits of public funds, providing for the transfer of funds between
accounts maintained therein by the Authority upon request by telephone. Such agreements
may also provide for the investment upon request by telephone of funds maintained in
such accounts, in property or securities in which public agencies may legally invest
money subject to their control. Such agreements shall designate the accounts maintained
by the Authority which are subject thereto, and the persons who may, from time to time,
make such transfers and direct such investments by telephone request.
Section 6. Chief Administrative Officer. The Chief Administrative Officer
shall be the then current Executive Director of the Palm Desert Redevelopment Agency.
The Chief Administrative Officer shall conduct day-to-day administration of the
Authority's business and affairs, subject to the direction of the Authority Commission.
Except as may be provided otherwise by resolution or minute order of the Authority
Commission, the duties of the Chief Executive Officer and the powers of that office, to
the extent practicable, shall be commensurate with and consistent with the duties of the
Executive Director of the Palm Desert Redevelopment Agency. Notwithstanding the
provisions of Section 8 hereof, the Chief Administrative Officer may appoint a deputy to
act in the place and stead of the Chief Administrative Officer. Notice of such
appointment shall be given in writing to the Secretary and shall be effective as of the date
of such notice.
Section 7. Additional Duties. The officers of the Authority shall perform
such other duties and functions as may from time to time be required by the Authority or
these Bylaws or by resolution or minute order of the Authority Commission. Any officer
of the Authority may sign, with the countersignature of one other officer, deputy officer
or member of the Authority Commission, all orders and checks for the payment of money
under the direction of the Authority Commission.
Section 8. Additional Personnel. The Authority Commission may from
time to time appoint deputy officers to perform the duties of officers and employ such
other personnel as it deems necessary to exercise its powers, duties and functions. The
selection and compensation of such officers and other personnel shall be determined by
the Authority Commission.
ARTICLE III - MEETINGS
Section I. Applicability of Ralph M. Brown Act. Meetings of the Authority
Commission shall be held, notice given and the business of the Authority Commission
conducted, all as provided in the Ralph M. Brown Act, being California Government
Code Section 54950, et seq. Regular meetings of the Authority Commission shall be held
on the first Monday of each month at 10:00 a.m. in the north wing conference room at
Palm Desert City Hall, 73-510 Fred Waring Drive, Palm Desert, California 92260. If a
regular meeting date falls on a holiday, such regular meeting will be held the following
day.
Section II. Ouorum. Three members of the Authority Commission shall
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RESOLUTION NO. RCPDFA 1
constitute a quorum for the purpose of conducting its business and exercising its powers
and for all other purposes, but a smaller number may adjourn from time to time until a
quorum is obtained. Action may be taken by the Authority Commission upon a vote of a
majority of a quorum, unless a higher vote is required by these Bylaws, a resolution of the
Authority Commission or applicable provisions of California law.
Section III. Manner of Voting. The manner of voting on resolutions and on
other matters shall be as prescribed by the President.
Section IV. Payment of Money. All orders for the payment of money
require the votes of at least three members of the Authority Commission.
ARTICLE IV - AMENDMENTS
Section 1. Amendments to Bylaws. The Bylaws of the Authority may be
amended by resolution of the Authority.
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RESOLUTION NO. RCPDFA 1
EXHIBIT B
Conflict of Interest Code
Section 1. Definitions. The definitions contained in the Political Reform Act of
1974, regulations of the Fair Political Practices Commission (2 Cal. Code of Regs.
sections 18100, et seq.), and any amendments to the Act or regulations, are incorporated
by reference into this conflict of interest code.
Section 2. Designated Employees. The persons holding positions listed in the
Appendix are designated employees. It has been determined that these persons make or
participate in the making of decisions which may foreseeably have a material effect on
financial interests.
Section 3. Disclosure Categories. This code does not establish any disclosure
obligation for those designated employees who are also specified in Government Code
section 87200 if they are designated in this code in that same capacity or if the
geographical jurisdiction of this agency is the same as or is wholly included within the
jurisdiction in which those persons must report their financial interests pursuant to article
2 of chapter 7 of the Political Reform Act, Government Code sections 87200, et seq. In
addition, this code does not establish any disclosure obligation for any designated
employees who are designated in a conflict of interest code for another agency, if all of
the following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly
included within the jurisdiction of the other agency;
(B) The disclosure assigned in the code of the other agency is the same as that
required under article 2 of chapter 7 of the Political Reform Act, Government Code
section 87200; and
(C) The filing officer is the same for both agencies.' Such persons are covered by
this code for disqualification purposes only. With respect to all other designated
employees, the disclosure categories set forth in the Appendix specify which kinds of
financial interests are reportable. Such a designated employee shall disclose in his or her
statement of economic interests those financial interests he or she has which are of the
kind described in the disclosure categories to which he or she is assigned in the Appendix.
It has been determined that the financial interests set forth in a designated employee's
disclosure categories are the kinds of financial interests which he or she foreseeably can
affect materially through the conduct of his or her office.
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•'l
Section 4. Statements of Economic Interests: Place of Filing. The code
reviewing body shall instruct all designated employees within its code to file statements
of economic interests with the agency or with the code reviewing body, as provided by
the code reviewing body in the agency's conflict of interest code. =
Section 5. Statements of Economic Interests: Time of Filing.
(A) Initial Statements. All designated employees employed by the agency on the
effective date of this code, as originally adopted, promulgated and approved by the code
reviewing body, shall file statements within 30 days after the effective date of this code.
Thereafter, each person already in a position when it is designated by an amendment to
this code shall file an initial statement within 30 days after the effective date of the
amendment.
(B) Assuming Office Statements. All persons assuming designated positions after
the effective date of this code shall file statements within 30 days after assuming the
designated positions, or if subject to State Senate confirmation, 30 days after being
nominated or appointed.
(C) Annual Statements. All designated employees shall file statements no later
than April 1.
(D) Leaving Office Statements. All persons who leave designated positions shall
file statements within 30 days after leaving office.
Section 5.5. Statements for Persons Who Resign Prior to Assuming Office.
Any person who resigns within 12 months of initial appointment, or within 30 days of the
date of notice provided by the filing officer to file an assuming office statement, is not
deemed to have assumed office or left office, provided he or she did not make or
participate in the making of, or use his or her position to influence any decision and did
not receive or become entitled to receive any form of payment as a result of his or her
appointment. Such persons shall not file either an assuming or leaving office statement.
(A) Any person who resigns a position within 30 days of the date of a notice from
the filing officer shall do both of the following:
(1) File a written resignation with the appointing power; and
(2) File a written statement with the filing officer declaring under penalty of
perjury that during the period between appointment and resignation he or she did
not make, participate in the making, or use the position to influence any decision
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RESOLUTION NO. RCPDFA 1
of the agency or receive, or become entitled to receive, any form of payment by
virtue of being appointed to the position.
Section 6. Contents of and Period Covered by Statements of Economic
Interests.
(A) Contents of Initial Statements. Initial statements shall disclose any reportable
investments, interests in real property and business positions held on the effective date of
the code and income received during the 12 months prior to the effective date of the code.
(B) Contents of Assuming Office Statements. Assuming office statements shall
disclose any reportable investments, interests in real property and business positions held
on the date of assuming office or, if subject to State Senate confirmation or appointment,
on the date of nomination, and income received during the 12 months prior to the date of
assuming office or the date of being appointed or nominated, respectively.
(C) Contents of Annual Statements. Annual statements shall disclose any
reportable investments, interests in real property, income and business positions held or
received during the previous calendar year provided, however, that the period covered by
an employee's first annual statement shall begin on the effective date of the code or the
date of assuming office whichever is later.
(D) Contents of Leaving Office Statements. Leaving office statements shall
disclose reportable investments, interests in real property, income and business positions
held or received during the period between the closing date of the last statement filed and
the date of leaving office.
Section 7. Manner of Reporting. Statements of economic interests shall be made
on forms prescribed by the Fair Political Practices Commission and supplied by the
agency, and shall contain the following information:
(A) Investments and Real Property Disclosure. When an investment or an interest
in real property- is required to be reported,± the statement shall contain the following:
1. A statement of the nature of the investment or interest;
2. The name of the business entity in which each investment is held, and a
general description of the business activity in which the business entity is engaged;
3. The address or other precise location of the real property;
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4. A statement whether the fair market value of the investment or interest in
real property exceeds two thousand dollars ($2,000), exceeds ten thousand dollars
($10,000), exceeds one hundred thousand dollars ($100,000), or exceeds one
million dollars ($1,000,000).
(B) Personal Income Disclosure. When personal income is required to be
reported,s the statement shall contain:
1. The name and address of each source of income aggregating five hundred
dollars ($500) or more in value, or fifty dollars ($50) or more in value if the
income was a gift, and a general description of the business activity, if any, of each
source;
2. A statement whether the aggregate value of income from each source, or
in the case of a loan, the highest amount owed to each source, was one thousand
dollars ($1,000) or less, greater than one thousand dollars ($1,000), greater than
ten thousand dollars ($10,000), or greater than one hundred thousand dollars
($100,000);
3. A description of the consideration, if any, for which the income was
received;
4. In the case of a gift, the name, address and business activity of the donor
and any intermediary through which the gift was made; a description of the gift;
the amount or value of the gift; and the date on which the gift was received;
5. In the case of a loan, the annual interest rate and the security, if any,
given for the loan and the term of the loan.
(C) Business Entity Income Disclosure. When income of a business entity,
including income of a sole proprietorship, is required to be reported,- the statement shall
contain:
1. The name, address, and a general description of the business activity of
the business entity;
2. The name of every person from whom the business entity received
payments if the filer's pro rata share of gross receipts from such person was equal
to or greater than ten thousand dollars ($10,000).
(D) Business Position Disclosure. When business positions are required to be
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reported, a designated employee shall list the name and address of each business entity in
which he or she is a director, officer, partner, trustee, employee, or in which he or she
holds any position of management, a description of the business activity in which the
business entity is engaged, and the designated employee's position with the business
entity.
(E) Acquisition or Disposal During Reporting Period. In the case of an annual or
leaving office statement, if an investment or an interest in real property was partially or
wholly acquired or disposed of during the period covered by the statement, the statement
shall contain the date of acquisition or disposal.
Section 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of a
state or local government agency, shall accept any honorarium from any source, if the
member or employee would be required to report the receipt of income or gifts from that
source on his or her statement of economic interests. This section shall not apply to any
part-time member of the governing board of any public institution of higher education,
unless the member is also an elected official. Subdivisions (a), (b), and (c) of Government
Code section 89501 shall apply to the prohibitions in this section.
This section shall not limit or prohibit payments, advances, or reimbursements for travel
and related lodging and subsistence authorized by Government Code section 89506.
Section 8.1 Prohibition on Receipt of Gifts in Excess of $320.
(A) No member of a state board or commission, and no designated employee of a
state or local government agency, shall accept gifts with a total value of more than $320
in a calendar year from any single source, if the member or employee would be required
to report the receipt of income or gifts from that source on his or her statement of
economic interests. This section shall not apply to any part-time member of the governing
board of any public institution of higher education, unless the member is also an elected
official.
Subdivisions (e), (f), and (g) of Government Code section 89503 shall apply to the
prohibitions in this section.
Section 8.2. Loans to Public Officials.
(A) No elected officer of a state or local government agency shall, from the date of
his or her election to office through the date that he or she vacates office, receive a
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RESOLUTION NO. RCPDFA 1
personal loan from any officer, employee, member, or consultant of the state or local
government agency in which the elected officer holds office or over which the elected
officer's agency has direction and control.
(B) No public official who is exempt from the state civil service system pursuant
to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution
shall, while he or she holds office, receive a personal loan from any officer, employee,
member, or consultant of the state or local government agency in which the public official
holds office or over which the public official's agency has direction and control. This
subdivision shall not apply to loans made to a public official whose duties are solely
secretarial, clerical, or manual.
(C) No elected officer of a state or local government agency shall, from the date of
his or her election to office through the date that he or she vacates office, receive a
personal loan from any person who has a contract with the state or local government
agency to which that elected officer has been elected or over which that elected officer's
agency has direction and control. This subdivision shall not apply to loans made by banks
or other financial institutions or to any indebtedness created as part of a retail installment
or credit card transaction, if the loan is made or the indebtedness created in the lender's
regular course of business on terms available to members of the public without regard to
the elected officer's official status.
(D) No public official who is exempt from the state civil service system pursuant
to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution
shall, while he or she holds office, receive a personal loan from any person who has a
contract with the state or local government agency to which that elected officer has been
elected or over which that elected officer's agency has direction and control. This
subdivision shall not apply to loans made by banks or other financial institutions or to any
indebtedness created as part of a retail installment or credit card transaction, if the loan is
made or the indebtedness created in the lender's regular course of business on terms
available to members of the public without regard to the elected officer's official status.
This subdivision shall not apply to loans made to a public official whose duties are solely
secretarial, clerical, or manual.
(E) This section shall not apply to the following:
1. Loans made to the campaign committee of an elected officer or candidate
for elective office.
2. Loans made by a public official's spouse, child, parent, grandparent,
grandchild, brother, sister, parent -in-law, brother-in-law, sister-in-law, nephew,
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niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that
the person making the loan is not acting as an agent or intermediary for any person
not otherwise exempted under this section.
3. Loans from a person which, in the aggregate, do not exceed five hundred
dollars ($500) at any given time.
4. Loans made, or offered in writing, before January 1, 1998.
Section 8.3. Loan Terms.
(A) Except as set forth in subdivision (B), no elected officer of a state or local
government agency shall, from the date of his or her election to office through the date he
or she vacates office, receive a personal loan of five hundred dollars ($500) or more,
except when the loan is in writing and clearly states the terms of the loan, including the
parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date
or dates when payments shall be due on the loan and the amount of the payments, and the
rate of interest paid on the loan.
(B) This section shall not apply to the following types of loans:
1. Loans made to the campaign committee of the elected officer.
2. Loans made to the elected officer by his or her spouse, child, parent,
grandparent, grandchild, brother, sister, parent -in-law, brother-in-law, sister-in-
law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person,
provided that the person making the loan is not acting as an agent or intermediary
for any person not otherwise exempted under this section.
3. Loans made, or offered in writing, before January 1, 1998.
(C) Nothing in this section shall exempt any person from any other provision of
Title 9 of the Government Code.
Section 8.4. Personal Loans.
(A) Except as set forth in subdivision (B), a personal loan received by any
designated employee shall become a gift to the designated employee for the purposes of
this section in the following circumstances:
1. If the loan has a defined date or dates for repayment, when the statute of
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limitations for filing an action for default has expired.
2. If the loan has no defined date or dates for repayment, when one year has
elapsed from the later of the following:
a. The date the loan was made.
b. The date the last payment of one hundred dollars ($100) or more
was made on the loan.
c. The date upon which the debtor has made payments on the loan
aggregating to less than two hundred fifty dollars ($250) during the
previous 12 months.
(B) This section shall not apply to the following types of loans:
1. A loan made to the campaign committee of an elected officer or a
candidate for elective office.
2. A loan that would otherwise not be a gift as defined in this title.
3. A loan that would otherwise be a gift as set forth under subdivision (A),
but on which the creditor has taken reasonable action to collect the balance due.
4. A loan that would otherwise be a gift as set forth under subdivision (A),
but on which the creditor, based on reasonable business considerations, has not
undertaken collection action. Except in a criminal action, a creditor who claims
that a loan is not a gift on the basis of this paragraph has the burden of proving that
the decision for not taking collection action was based on reasonable business
considerations.
5. A loan made to a debtor who has filed for bankruptcy and the loan is
ultimately discharged in bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of
Title 9 of the Government Code.
Section 9. Disqualification. No designated employee shall make, participate in
making, or in any way attempt to use his or her official position to influence the making
of any governmental decision which he or she knows or has reason to know will have a
reasonably foreseeable material financial effect, distinguishable from its effect on the
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public generally, on the official or a member of his or her immediate family or on:
(A) Any business entity in which the designated employee has a direct or indirect
investment worth two thousand dollars ($2,000) or more;
(B) Any real property in which the designated employee has a direct or indirect
interest worth two thousand dollars ($2,000) or more;
(C) Any source of income, other than gifts and other than loans by a commercial
lending institution in the regular course of business on terms available to the public
without regard to official status, aggregating five hundred dollars ($500) or more in value
provided to, received by or promised to the designated employee within 12 months prior
to the time when the decision is made;
(D) Any business entity in which the designated employee is a director, officer,
partner, trustee, employee, or holds any position of management; or
(E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts
aggregating $320 or more provided to; received by, or promised to the designated
employee within 12 months prior to the time when the decision is made.
Section 9.3. Legally Required Participation. No designated employee shall be
prevented from making or participating in the making of any decision to the extent his or
her participation is legally required for the decision to be made. The fact that the vote of a
designated employee who is on a voting body is needed to break a tie does not make his
or her participation legally required for purposes of this section.
Section 9.5. Disqualification of State Officers and Employees. In addition to the
general disqualification provisions of section 9, no state administrative official shall
make, participate in making, or use his or her official position to influence any
governmental decision directly relating to any contract where the state administrative
official knows or has reason to know that any party to the contract is a person with whom
the state administrative official, or any member of his or her immediate family has, within
12 months prior to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to
members of the public, regarding any investment or interest in real property; or
(B) Engaged in a business transaction or transactions on terms not available to
members of the public regarding the rendering of goods or services totaling in value one
thousand dollars ($1,000) or more.
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Section 10. Disclosure of Disqualifying Interest. When a designated employee
determines that he or she should not make a governmental decision because he or she has
a disqualifying interest in it, the determination not to act may be accompanied by
disclosure of the disqualifying interest.
Section 11. Assistance of the Commission and Counsel. Any designated
employee who is unsure of his or her duties under this code may request assistance from
the Fair Political Practices Commission pursuant to Government Code section 83114 or
from the attorney for his or her agency, provided that nothing in this section requires the
attorney for the agency to issue any formal or informal opinion.
Section 12. Violations. This code has the force and effect of law. Designated
employees violating any provision of this code are subject to the administrative, criminal
and civil sanctions provided in the Political Reform Act, Government Code sections
81000 - 91015. In addition, a decision in relation to which a violation of the
disqualification provisions of this code or of Government Code section 87100 or 87450
has occurred may be set aside as void pursuant to Government Code section 91003.
ENDNOTES
1. Designated employees who are required to file statements of economic interests
under any other agency's conflict of interest code, or under article 2 for a different
jurisdiction, may expand their statement of economic interests to cover reportable
interests in both jurisdictions, and file copies of this expanded statement with both entities
in lieu of filing separate and distinct statements, provided that each copy of such
expanded statement filed in place of an original is signed and verified by the designated
employee as if it were an original. See Government Code section 81004.
2. See Government Code section 81010 and 2 Cal. Code of Regs. section 18115
for the duties of filing officers and persons in agencies who make and retain copies of
statements and forward the originals to the filing officer.
3. For the purpose of disclosure only (not disqualification), an interest in real
property does not include the principal residence of the filer.
4. Investments and interests in real property which have a fair market value of less
than $2,000 are not investments and interests in real property within the meaning of the
Political Reform Act. However, investments or interests in real property of an individual
include those held by the individual's spouse and dependent children as well as a pro rata
share of any investment or interest in real property of any business entity or trust in which
the individual, spouse and dependent children own, in the aggregate, a direct, indirect or
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beneficial interest of 10 percent or greater.
5. A designated employee's income includes his or her community property
interest in the income of his or her spouse but does not include salary or reimbursement
for expenses received from a state, local or federal government agency.
6. Income of a business entity is reportable if the direct, indirect or beneficial
interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or
greater interest. In addition, the disclosure of persons who are clients or customers of a
business entity is required only if the clients or customers are within one of the disclosure
categories of the filer.
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DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES
FOR THE RIVERSIDE COUNTY PALM DESERT FINANCING AUTHORITY
Designated Positions
Authority Commission Board Member
Chief Administrative Officer
Secretary
Treasurer
Authority General Counsel
Other Consultant(s)
P6402\0001\708377.1 Appendix A-1
Disclosure Categories
1
1
I
1
2
1
RESOLUTION NO. RCPDFA 1
Disclosure Categories
1 Persons holding designated positions which are assigned a disclosure category of
"1" above are not required to report under this Conflict of Interest Code because
they hold positions with either the County of Riverside or the Palm Desert
Redevelopment Agency which are required to report pursuant to California
Government Code Section 87200. Persons in this category "1" are, however,
subject to the disqualification provisions of this Code when acting in their official
capacity for the Riverside County Palm Desert Financing Authority.
2. For consultants who do not serve in a staff capacity, the following disclosure
categories shall be used:
Persons required to disclose in this category shall disclose pursuant to categories
A, B, C and D below unless the Chief Administrative Officer determines in writing
that a particular consultant is hired to perform a range of duties that is limited in
scope and thus is not required to fully comply with the disclosure requirements in
categories A, B, C and D. Such written determination shall include a description
of the consultant's duties and, based upon that description, a statement of the extent
of disclosure requirements. Such written determination is a public record and shall
be retained for public inspection in the same manner and location as this conflict of
interest code.
A. Reportable interests in real Property in the jurisdiction. (FPPC Form 700,
Schedule B).
B. Reportable income and business positions. (FPPC Form 700, Schedules C
and D).
C. Reportable investments. (FPPC Form 700, Schedules A-1 and A-2).
D. Reportable gifts and travel gifts. (FPPC Form 700, Schedules E and F).
P6402\0001\708377.1 Appendix A-2