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HomeMy WebLinkAbout4/3/2012 - RESOLUTIONS - 002 RESOLUTION NO. 002 A RESOLUTION OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY ADOPTING A CONFLICT OF INTEREST CODE. THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY FINDS: A. The Political Reform Act (Government Code § 81000 et seq.) requires local agencies to promulgate and adopt conflict of interest codes. B. Cal. Health and Safety Code § 34179(e) deems the Oversight Board a local agency for purposes of the Political Reform Act. NOW THEREFORE THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY DETERMINES, RESOLVES AND APPROVES: SECTION 1. The Conflict of Interest Code of the Oversight Board of the Successor Agency to the Palm Springs Community Redevelopment Agency, including Exhibit A and Appendix 1, a copy of which is attached hereto and incorporated herein, is hereby adopted. SECTION 2. Nothing in this Resolution supersedes the independent applicability of Government Code § 87200. SECTION 3. The Clerk/Secretary is hereby authorized and directed to certify to the adoption of this Resolution, and file with the California Department of Finance. SECTION 4. This Resolution shall be effective three (3) business days after adoption. PASSED, APPROVED AND ADOPTED BY THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY THIS 3RD DAY OF APRIL, 2012. ATTEST: AIRPERSO LERK SECRETARY Resolution No. 002 Page 2 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, Clerk/Secretary, to the Oversight Board of the Successor Agency to the Palm Springs Community Redevelopment Agency, hereby certify that Resolution No. 002 is a full, true and correct copy, and was duly adopted at a special meeting of the Oversight Board on April 3, 2012, by the following vote: AYES: Board Members Deas, Foat, Marshall, Ready, Van Horn, Vice Chair Howell and Chair Flavin. NOES None. ABSTAIN None. ABSENT None. ames Thompson, Clerk/Secretary City of Palm Springs, California r OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY CONFLICT OF INTEREST CODE SECTION 1: AUTHORITY Cal. Government Code Section 87300 and Health and Safety Code Secion 34179(e) requires the Oversight Board of the Successor Agency to the Palm Springs Community Redevelopment Agency to adopt a Conflict of Interest Code. SECTION 2: PURPOSE The purpose of the Oversight Board of the Successor Agency to the Palm Springs Community Redevelopment Agency Conflict of Interest Code is to incorporate by reference the terms of Section 18730 of the California Code of Regulations pertaining to Conflict of Interest Codes, SECTION 3: CODE REVIEWING BODY The Oversight Board of the Successor Agency to the Palm Springs Community Redevelopment Agency shall be the Code Reviewing Body for the Oversight Board of the Successor Agency to the Palm Springs Community Redevelopment Agency Conflict of Interest Code. Oversight Board of the Successor Agency Palm Springs Community Redevelopment Agency Conflict of Interest Code Page 2 SECTION 4: FILING OFFICER The Clerk/Secretary of the Oversight Board of the Successor Agency to the Palm Springs Community Redevelopment Agency shall be the Filing Officer for the Oversight Board of the Successor Agency to the Palm Springs Community Redevelopment Agency Conflict of Interest Code. All persons occupying designated positions shall file Statements of Economic Interests with the Clerk/Secretary. The Clerk/Secretary shall make statements available for public inspection and reproduction, shall retain all statements pursuant to State Law, and shall perform all other duties and responsibilities of the Filing Officer pursuant to State Law. SECTION 5: CODE ADMINISTRATOR The Clerk/Secretary shall be the Code Administrator for the Oversight Board of the Successor Agency to the Palm Springs Community Redevelopment Agency Conflict of Interest Code. The Code Administrator may promulgate further rules and regulations, which are not inconsistent with this Code, the Political Reform Act, or any regulation of the Fair Political Practices Commission; to administer the Conflict of Interest Code, including nonsubstantive alterations to the Code. Nonsubstantive alterations shall be limited to the following: 1. The reclassification or renaming of previously designated positions. 2. The deletion of a position for which the classification has been abolished. Oversight Board of the Successor Agency Palm Springs Community Redevelopment Agency Conflict of Interest Code Page 3 3. Definitional or operational provisions in conformity to a statutory amendment, a regulation of the Fair Political Practices Commission, or a decision of a Court of competent jurisdiction. SECTION 6: INCORPORATION BY REFERENCE SECTION 18730 OF THE CALIFORNIA CODE OF REGULATIONS Section 18730 of Title 2, Division 6, of the California Code of Regulations, as set forth in Exhibit 'A," and any amendments to it duly adopted by the Fair Political Practices Commission, along with any Appendices, are hereby incorporated by reference and constitute the Conflict of Interest Code of the Oversight Board of the Successor Agency to the Palm Springs Community Redevelopment Agency. SECTION 7: DESIGNATED POSITIONS The positions listed in Appendix 1 are Designated Positions. Officers and employees holding those positions are Designated Positions and are deemed to make, or participate in the making of, decisions, which may foreseeably have a material effect on a financial interest. Consultants may be Designated Positions, as determined by the Code Administrator. SECTION 8: DISCLOSURE CATEGORIES Such persons holding designated positions shall report economic interests as set forth in Appendix 1. OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY CONFLICT OF INTEREST CODE Appendix 1 Designated Positions Designated Positions Disclosure ADMINISTRATION Cate ones Oversight Board Member 7 positions ALL CONSULTANTS ALL The Code Administrator shall determine, in writing, those consultants who shall file a Statement of Economic Interest, because they either make governmental decisions or serve in a staff capacity pursuant to the Political Reform Act. Disclosure Categories All designated officials, employees and consultants shall be required to file under all of the following categories of reportable economic interests: Category A Investments (Form 700 Schedules A-1 and A-2) All reportable investments of$2,000 or more, for business entities which are located in, doing business in, planning to do business in, or which has done business during the previous two years in the City of Palm Springs. Category B Real Property (Form 700 Schedule B) All reportable interests in real property of$2,000 or more, located in the City of Palm Springs, or within two miles of the City of Palm Springs; excluding a personal residence as long as the residence is used exclusively as a personal residence. Category C Income, Loans, Business Positions (Form 700 Schedule C) All reportable income, loans and business positions, of $500 or more, if the source is located in, doing business in, planning to do business in, or has done business during the previous two years in the City of Palm Springs. Category D Gifts (Form 700 Schedule D) All reportable gifts fair market value of $50 or more, or multiple gifts totaling $50 or more received during the reporting period. Category E Travel Payments (Form 700 Schedule E) All reportable travel payments including advances and reimbursements for travel and related expenses, including lodging and meals.