HomeMy WebLinkAbout2052ORDINANCE NO. 2052
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION
2.60.040(D) OF THE PALM SPRINGS MUNICIPAL CODE,
REGARDING DUTIES OF OFFICIALS AND AMENDING
SECTION 2.60.050 OF THE PALM SPRINGS MUNICIPAL
CODE, REGARDING DUTIES OF APPLICANTS, UNDER
THE CITY OF PALM SPRINGS PUBLIC INTEGRITY
ORDINANCE
City Aftomey-s Summary
This ordinance amends the City of Palm Springs Municipal
Code requirements pertaining to the duties of City officials by
expanding the situations where such public officials must
recuse themselves from participating in governmental
decisions, and by providing that disclosure obligations do not
apply to applicants that have already disclosed such
information because they are publicly traded companies.
WHEREAS, in 2018, the City of Palm Springs adopted a Public Integrity Ordinance,
which expands upon and supplements the State of California's ethics laws, including the
Political Reform Act; and
WHEREAS, the City of Palm Springs Public Integrity Ordinance currently requires
City officials who serve as a voting member of a board of directors or other governing body
of a non-profit entity without compensation, as a currently retained attorney or accountant
for such an entity who provides pro bono services, or as the trustee of a charitable trust, to
recuse from participating in applications by such non-profit or trust; and
WHEREAS, the City of Palm Springs wishes to expand upon such recusal
requirement, by requiring such officials to also recuse from participating in matters other
than applications filed by such non-profit or trust, when such non -profits or trusts have an
interest in the particular matter, regardless of whether the non-profit or trust was the
applicant in the matter; and
WHEREAS, the City of Palm Springs Public Integrity Ordinance currently requires
applicants that are not natural persons to disclose to the City the identity of each natural
person who holds or occupies a significant position with respect to that applicant entity, or
any entity that owns an interest or derives profits in relation to the applicant entity; and
WHEREAS, to the extent publicly traded companies already provide such
information, the City of Palm Springs does not wish to impose this disclosure obligation
again on such applicants/sub-entities.
Ordinance No. 2052
Page 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS
DOES ORDAIN AS FOLLOWS: 0
SECTION 1. Findings. That the findings and determinations reflected above are
true and correct, and are incorporated by this reference herein as the cause and foundation
for the action taken by the and through this Ordinance.
SECTION 2. Code Amendment. Section 2.60.040(D) of the Palm Springs
Municipal Code, Duties of Officials, is hereby amended to read as follows:
"2.60.040 (D) In the event that an official serves as a voting member of a
board of directors or other governing body of a non-profit entity without
compensation, as a currently retained attorney or accountant for such an
entity who provides pro bono services, or as the trustee of a charitable trust,
that official shall not vote upon, or advocate a particular result or outcome
with respect to any matter before the City, if the non-profit or trust has an
interest in the matter. For purposes of this subdivision (D) and subdivision
(E) of section 2.60.040, "advocating a particular result or outcome with
respect to an application" means influencing, encouraging, or attempting to
influence or encourage any other individual official to vote, or be more
disposed to vote, in a particular manner with respect to such matter. Such an
official shall disclose the nature of his/her interest related to the non-profit or
charitable trust on the record of each proceeding before him/her in the action
in question, and recuse himself/herself from voting with respect to said
action.
SECTION 3. Code Amendment. Section 2.60.050 of the Palm Springs Municipal
Code, Duties of Applicants, is hereby amended to add the following subparagraph (F):
"2.60.050 (F) The disclosure obligations of subparagraphs (A) and (B) shall
not apply to the extent an applicant, or any entity that owns an interest or
derives profits in relation to the applicant entity, e.g., a sub -entity, a parent
company, an affiliate, etc., is a publicly traded corporation.
SECTION 4. Effective Date. This ordinance shall become effective 30 days after its
adoption.
SECTION 5. Certification. The Mayor shall sign and the City Clerk shall certify to the
passage and adoption of this Ordinance and shall cause the same, or the summary
thereof, to be published and posted pursuant to the provisions of law.
SECTION 6. Severabilily. If any section or provision of this Ordinance is for any
reason held to be invalid or unconstitutional by any court of competent jurisdiction, or
contravened by reason of any preemptive legislation, the remaining sections and/or
provisions of this ordinance shall remain valid. The City Council hereby declares that it
would have adopted this Ordinance, and each section or provision thereof, regardless of
the fact that any one or more section(s) or provision(s) may be declared invalid or
unconstitutional or contravened via legislation.
Ordinance No. 2052
Page 3
PASSED, APPROVED AND ADOPT
COUNCIL THIS 18TH DAY OF NOVEMBER 2A
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS)
THE PALM SPRINGS CITY
CERTIFICATION
I, Anthony J. Mejia, City Clerk of the City of Palm Springs, hereby certify that Ordinance No.
2052 is a full, true and correct copy, and was duly introduced at a regular meeting of the
City Council of the City of Palm Springs on November 4, 2021, and adopted at a regular
meeting of the City Council of the City of Palm Springs on November 18, 2021, 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 � 1 - day of T` (c►.,12e v _, 21
Aprthony J. Mejkj MMC, qoeferk
tity of Palm Sp m a i ornia
iw
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