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Home My WebLink About24829RESOLUTION NO. 24829 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING THE CITY'S CONFLICT OF INTEREST CODE AND REPEALING RESOLUTION NO. 24527 WHEREAS, the Political Reform Act (Government Code Section 81000 et seq.) requires local government agencies to promulgate and adopt a Conflict of Interest Code; and WHEREAS, on December 18, 2018, the City Council adopted Resolution No. 24527, adopting a Conflict of Interest Code for the City of Palm Springs; and WHEREAS, the Political Reform Act requires that the City Council review its Conflict of Interest Code biennially to determine whether amendments are required; and WHEREAS, on June 11, 2020, the City Council adopted Resolution No. 24763 directing staff to review the City's Conflict of Interest Code; and WHEREAS, a staff -level review of the City's Disclosure Categories and the List of Designated Positions reveals that amendments are necessary; and WHEREAS, on September 10, 2020, the City Council received and filed the 2020 Local Agency Biennial Notice and directed staff to promulgate the necessary amendments to the City's Conflict of Interest Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Resolution No. 24527 is hereby rescinded and replaced. SECTION 2. The City Council adopts the Conflict of Interest Code promulgated by the Fair Political Practices Commission as set forth in Section 18730 of the California Code of Regulations by reference, and which, together with the City's Disclosure Categories and List of Designated Positions collectively constitutes the City of Palm Springs' 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. SECTION 3. The amended Conflict of Interest Code shall become effective 30 days upon the date of its adoption and approval. Resolution No. 24829 Page 2 PASSED, APPROVED COUNCIL THIS 10t" DAY OF ATTEST: AND ADOPTED BY THE PALM SPRINGS CITY DECEMB 2020. DAVID H. READY, ANAGER ONY J. EJI CL RK CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS. CITY OF PALM SPRINGS ) I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 24829 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on December 10, 2020, by the following vote: AYES: Councilmembers Garner, Kors, Woods, Mayor Pro Tern Middleton, and Mayor Holstege NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this H4"�1 day of ski , v7 j . Mthony J. ejia, Citq!--M1 City of Pal Springs, C lifornia Resolution No. 24829 Page 3 CONFLICT OF INTEREST CODE OF THE CITY OF PALM SPRINGS, CALIFORNIA The Political Reform Act (Government Code § 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 California Code of Regulations Section 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, the standard code 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 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 Springs (City). The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney and the City Treasurer, may electronically file their annual statements of economic interests directly with the Fair Political Practices Commission. All other 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 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.) Editor's Note: The Palm Springs City Council adopted additional disclosure requirements for elected and appointed officials related to service on non-profit Boards and rental/leased real property. Please see Palm Springs Municipal Code Chapter 2.60. Resolution No. 24829 Page 4 APPENDIX [The Appendix is the attachment to the incorporation page and is separated into two parts — Part A and Part B] PART A 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. CATEGORY 1: Real Property Interests 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, including any leasehold, beneficial or ownership interest or option to acquire property. CATEGORY 2: Investments/Sources of Income All investments' and business positions in business entities, and sources of income, including gifts2, loans and travel payments, within the jurisdiction of the CITY. CATEGORY 3: Contracting/Procurement All investments' and business positions in business entities, and sources of income, including gifts2, 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. CATEGORY 4: Regulatory/Permits/Licensing Authority All investments' and business positions in business entities, and sources of income, including gifts2, loans and travel payments, subject to the regulatory, permit, or licensing authority of the designated position's department, unit or division. CATEGORY 5: Land DevelopmenVConstruction/Acquisition All investments' and business positions in business entities, and sources of income, including gifts2, 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. CATEGORY 6: Grants/Service Providers All investments' and business positions in business entities, and sources of income, including gifts2, loans and travel payments, or income from a nonprofit or other organization, if the source is of the type to receive grants or other monies from or through the CITY. "Investment" means financial interest in any business entity (including a consulting business or other independent contracting business) and are reportable if they are either located in or doing business, are planning to do business, or have done business during the previous two years in the jurisdiction of the CITY. 2. This Conflict of Interest Code does not require the reporting of gifts from outside this City's jurisdiction if the source does not have some connection with or bearing upon the functions or duties of the position. (Reg. 18730.1) Resolution No. 24829 Page 5 PART B DESIGNATED POSITIONS 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 California Code of Regulations § 18700.3(b), are NOT subject to the City's Code but must file disclosure statements under Government Code section 87200 et seq. [Regs. § 18730(b)(3)] DESIGNATED POSITIONS DISCLOSURE CATEGORIES Members of Boards & Commissions Administrative Appeals Board 1,4 Airport Commission 1,2 Architectural Advisory Committee 1, 4, 5 Historic Site Preservation Board 1, 4, 5 Human Rights Commission 6 Library Trustees, Board of 3,6 Measure "J" Oversight Commission 1,2 Parks and Recreation Commission 1, 3, 5 Public Arts Commission 3, 4, 6 Rent Review Commission 1, 4, 5 Small Hotel Tourism BID Advisory Board, Palm Springs 1,3 Sustainability Commission 3,6 Villa eFest Board 3, 4, 6 Administration Assistant City Attorney 1,2 Assistant City Manager 1,2 City Clerk 3,4 Deputy City Manager 1,2 Director of Communications 3 Director of Human Resources 3 Office of Neighborhoods Manager 3,6 Aviation Department Airport Administration Manager 3 Airport Operations Manager 3 Airport Security Coordinator 3 Assistant Airport Director 1,2 Deputy Director of Aviation 1,2 Executive Director of Palm Springs International Airport 1,2 Community & Economic Development Department Central Business District Administrator 1, 3, 4, 5 Community Development Administrator 3, 4, 6 Director of Community and Economic Development 1,2 Redevelopment Coordinator 1, 3, 4, 5 Resolution No. 24829 Page 6 DESIGNATED POSITIONS DISCLOSURE CATEGORIES Development Services Department Director of Development Services 1,2 ➢ Planning Services Assistant Director of Planning 1,2 Associate Planner 1, 4, 5 Principal Planner 1, 4, 5 Plans Examiner 1, 4, 5 ➢ Building & Safety Building Inspector Supervisor 1, 4, 5 Building Inspector 1, 4, 5 Building Official 1, 3, 4, 5 ➢ Engineering Services Associate Civil Engineer 1, 3, 4, 5 City Engineer 1, 3, 4, 5 Engineering Associate 1, 3, 4, 5 Senior Civil Engineer 1, 3, 4, 5 Senior Public Works Inspector 1, 4, 5 ➢ Office of Sustainabilit Sustainability Manager 3, 4, 6 Finance & Treasury Department Assistant Finance Director 2 Accounting Manager 2 Fire Department Fire Battalion Chief 3,4 Fire Chief 3, 4, 5 Fire Deputy Chief 3, 4, 5 Fire Marshall 3, 4 Information Technology Department Assistant Director of Information Technology 3 Information Technology Director 3 Information Technology Manager 3 Library Services Department Director of Library Services 3,6 Maintenance & Facilities Department Assistant Director of Maintenance and Facilities 3, 4, 5 Director of Maintenance and Facilities 3, 4, 5 Fleet Maintenance Manager 3 Maintenance Supervisor 3 Street Maintenance Superintendent 3, 4, 5 Parks & Recreation Department Director of Parks and Recreation 3 Police Department Police Chief 3,4 Police Captain 3,4 Police Lieutenant 3,4 Code Compliance Supervisor 3, 4, 5 Resolution No. 24829 Page 7 DESIGNATED POSITIONS DISCLOSURE CATEGORIES Procurement & Contracting Division Procurement and Contracting Manager 3 Procurement Specialist 3 Special Program Compliance Director of Special Program Compliance 1,2 Executive Program Administrator 1, 3, 4, 5