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HomeMy WebLinkAbout1/24/2018 - STAFF REPORTS - 3.D. A LM sA4 iy � O N N # s • E'p dOlAT •� # ,FORN�P CITY COUNCIL STAFF REPORT DATE: January 24, 2018 LEGISLATIVE SUBJECT: PROPOSED INTRODUCTION OF AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING CHAPTER 2.60 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO PUBLIC INTEGRITY FROM: David H. Ready, City Manager BY: Edward Z. Kotkin, City Attorney SUMMARY If the proposed ordinance is approved, the City of Palm Springs will have conflict of interest disclosure and disqualification standards that are higher than the requirements of state law, and beyond the policies and procedures of most counties and cities. This is the first of two legislative packages adopting recommendations of the ad hoc Ethics, Transparency, and Governmental Reform Subcommittee (Subcommittee) regarding public integrity matters. New mandates regarding "special fiduciary interests" (SFIs), rented and leased real property interests are issued as to disclosure and disqualification. There is a new requirement that each official keep his/her Form 700 and these additional new disclosures up to date. Applicants for City approvals are now required to make disclosures re ownership. Finally, otherwise "final" Planning Commission actions will not become final until ten (10) days after the City Council receives notice about them, and they are posted to the City's website. This report also updates the Council on staff work since October implementing Subcommittee recommendations. RECOMMENDATION: 1. Waive reading of the text and introduce for first reading proposed Ordinance No. "ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING CHAPTER 2.60 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO PUBLIC INTEGRITY." 2. Appoint a new standing City Council standing subcommittee for public integrity issues. 3. Receive and file this report, and provide direction as desired. nnut No. 3 ..._.. T A L M S.0 a v m c°tiFox"�P CITY COUNCIL STAFF REPORT DATE: January 24, 2018 LEGISLATIVE SUBJECT: PROPOSED INTRODUCTION OF AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING CHAPTER 2.60 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO PUBLIC INTEGRITY FROM: David H. Ready, City Manager BY: Edward Z. Kotkin, City Attorney SUMMARY If the proposed ordinance is approved, the City of Palm Springs will have conflict of interest disclosure and disqualification standards that are higher than the requirements of state law, and beyond the policies and procedures of most counties and cities. This is the first of two legislative packages adopting recommendations of the ad hoc Ethics, Transparency, and Governmental Reform Subcommittee (Subcommittee) regarding public integrity matters. New mandates regarding "special fiduciary interests" (SFIs), rented and leased real property interests are issued as to disclosure and disqualification. There is a new requirement that each official keep his/her Form 700 and these additional new disclosures up to date. Applicants for City approvals are now required to make disclosures re ownership. Finally, otherwise "final" Planning Commission actions will not become final until ten (10) days after the City Council receives notice about them, and they are posted to the City's website. This report also updates the Council on staff work since October implementing Subcommittee recommendations. RECOMMENDATION: 1. Waive reading of the text and introduce for first reading proposed Ordinance No. "ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING CHAPTER 2.60 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO PUBLIC INTEGRITY." 2. Appoint a new standing City Council standing subcommittee for public integrity issues. 3. Receive and file this report, and provide direction as desired. n-EM No. 3• City Council Staff Report January 24, 2018 -- Page 2 Public Integrity Ordinance STAFF ANALYSIS: At the direction of City Council on October 4, 2017, the City Attorney's Office has taken action upon Subcommittee recommendations. The Council now considers the introduction of an ordinance issuing several new public integrity mandates for Palm Springs officials. These include a new legislative paradigm whereby officials are subject to conflicts of interest arising from "special fiduciary interests" (SFIs) and from leased and rented interests in real property, regardless of the term of the agreement, or the absence of any agreement. These conflicts of interest will require that City officials make disclosures, in forms filed annually, declare conflicts of interest, and recuse themselves from participation in government decisions related to their SFIs and their rented or leased property interest. The new public integrity ordinance also requires that Palm Springs officials file updates as to any material change in their most recent Form 700, and other newly mandated disclosure forms within thirty (30) days. Applicants for City land use entitlements, licenses, permits and other approvals, must now make certain disclosures regarding ownership. There is also a new timeline applicable to actions by the City's Planning Commission becoming final. Beyond new legislation, staff requests appointment of a standing Council subcommittee for public integrity issues. Finally, this report updates the Council regarding (i) the City's new public integrity "wh istleb lower" hotline and reporting system, (ii) the forthcoming new webpage regarding ethics and transparency, (iii) the forthcoming new policies regarding information technology, and (iv) the balance of the legislative package regarding additional ethics and transparency reforms. The Subcommittee developed thirty-one (31) points requiring action in its second report to the Council on June 7, 2017. When the Council considered the Subcommittee's Implementation Update and Plan on October 4, 2017, it noted that some of these actions had already been implemented, framed others as part of a non-mandatory update to the City's local conflict of interest code, referenced policy decisions as elements of a legislative package to be adopted concurrent with that update, and identified several points of organizational/institutional evolution that would be implemented at the staff level. Upon preparation of this report, the city attorney determined that the update to the local conflict of interest code was neither necessary nor desirable, and that the new mandates proposed by the Subcommittee would be best pursued via a codified Ordinance. In addition, these new public integrity rules will now be codified, and therefore more accessible to the public than resolutions or the local conflict of interest code tend to be. NEW PUBLIC INTEGRITY LEGISLATION Non-Financial Conflicts of Interest Requiring Disqualification and Recusal On October 4, 2017, the Council made policy decisions that require legislation in order to be implemented. If the proposed ordinance is introduced by the Council, it will cause several important changes in the way that the City does business, and elevate the City's level of public integrity policy to a point in excess of any requirement under the Act or (� 1.18.18 v City Council Staff Report January 24, 2018-- Page 3 Public Integrity Ordinance any other applicable federal or state law. The proposed changes that involve new disclosures by Palm Springs officials may be summarized as follows: 1. City officials shall complete and file an annual form with the City Clerk disclosing "special fiduciary interests" (SFIs); 2. City officials shall complete and file an annual form with the City Clerk disclosing rented or leased interests in real property; and 3. City officials shall file updates as to any material change in the most recent Form 700 or SFI disclosure form within thirty (30) days. These disclosure provisions have corollary provisions that mandate recusal and specify penalties for any failure to disclose or recuse as required. The new local requirement of disclosure of SFIs and rented or leased real property interests is based upon the principle that although state law doesn't require the disclosure of these non-financial interests, or disqualification based upon their existence, the interests do impact a public official's perspective on government decisions. Can a public official avoid influence and/or conflict arising from his/her uncompensated position as a member of a charitable organization's board of directors when that organization is the applicant for a City approval with respect to which (s)he is called to act? Can a public official avoid influence and/or conflict arising from his/her leased home's location less than five hundred (500) feet away from a major new project, upon which (s)he must take action, when the project in question will create adverse impacts in its immediate vicinity? State law, including the Act, applies to financial conflicts of interest. The FPPC has comprehensive regulations established to assist officials in analyzing those conflicts to determine whether they require disclosure and/or disqualification. There are also regulations that address penalties for errors by officials. The new Palm Springs prohibition against participating in a government decision that impacts an official's SFI or his/her rented or leased real property interest addresses conflicts that are not be prohibited based upon financial import under the Act, but do rise to a level where the City Council wants officials to adhere to a higher standard. Conflict analysis as to SFIs is based upon the Subcommittee assertion that notwithstanding the absence of financial interest, the holder of an SFI has a conflict of interest born of his/her duty to the organization that gives rise to the SFI. The analysis parallels analytics of financial conflicts under the Act. Even if an official's duty is not based upon money in his/her pocket, that duty is real and creates a problem for an official asked to do his/her duty exclusively in the City's interest. Similarly, a rented or leased interest, particularly in a real property that an official uses as his/her home or business location, has a reasonably high likelihood of impacting that official's preferences. i.e., an official does not want something (s)he views as a negative existing in close proximity to his rented or leased home or workplace. Again, conflict analysis under the proposed ordinance parallels analysis of financial conflicts of interest arising from real property interests under the Act. These new non-financial conflicts do not create an interest that State law views as creating a conflict, and the City is mindful of that fact in allowing an official who is "conflicted" based upon one of these new bases, and discloses that "conflict," to remain 03 City Council Staff Report January 24, 2018-- Page 4 Public Integrity Ordinance in the room while the government decision in question is considered. New Requirement upon Applicants for Land Use Entitlements Licenses/Permits and Other Approvals Palm Springs officials wanting to avoid conflicts of interest have the right to information about the applicants that come before them. That principle prompted the Subcommittee to require that when an applicant for a land use entitlement, a license, a permit, or another for City approval is not a natural person, the City should inquire into the applicant's status and identity. Accordingly, under this new Palm Springs rule, an applicant must disclose its officers, directors, members, managers, trustees, fiduciaries, and investors who have an ownership interest in the applicant entity with a value of two thousand dollars ($2,000.00) or more. Absent that disclosure, there can be no action by Palm Springs officials on the government decision in question. An application without this required disclosure is incomplete, and the City is not required to take any action upon it. New Timeline for Planning Commission Decisions Becoming Final The voters do not elect the members of the Planning Commission, and Planning Commission actions often do not attract the degree of attention from the media or the public inherent to City Council consideration of a matter. That said, a Planning Commission decision is sometimes the ultimate and highest level City decision in matters of significance in the community. The Subcommittee wanted to prevent Planning Commission decisions from becoming "final" before the City realized the benefit of Council awareness of Planning Commission action that would otherwise be "final," and to enhance the transparency inherent to information about Planning Commission decisions via availability on the City's website. To ensure Council and public awareness of all Planning Commission actions that would otherwise become "final," the City will now mandate written notice of such Planning Commission actions to the Council, and publication about such actions on the City's website. Further, no such Planning Commission action will be "final" until ten (10) days after notice to the Council and posting on the website. Provisions of the proposed ordinance are directed at ensuring City prompt processing of each Planning Commission action, and providing a strong remedy to an applicant in the event of a City failure to promptly process such an action. Violations of this chapter are punishable by administrative citation. The proposed Ordinance that affects all of these legislative changes is attached to this report as ATTACHMENT A. 04 1.18.19 City Council Staff Report January 24, 2018 -- Page 5 Public Integrity Ordinance STAFF ACTION Staff has taken, and will continue to take action on several Subcommittee action items that warrant mention at this time, and Council discussion and direction to the extent that Councilmembers fees same is warranted. • The city attorney's staff has created the public integrity whistleblower hotline and reporting system in principle, developing a reporting form. The city attorney is ready to implement the hotline, but wants any Council input available. A copy of the proposed form is attached to this report as ATTACHMENT B, and draft web content regarding the hotline is attached as ATTACHMENT C. The form and content will be available to employees of the City and the public at large on the City's webpage, and the city attorney seeks Council input as to the nesting/location of this public integrity resource on the City's website. • City attorney personnel will be completing training next month with "Vision Internet" that will assist in the delivery of a strong webpage related to public integrity. The training is tailored for personnel that manage department webpages, and focuses on content strategy writing and accessibility issues. • The information technology department has been working with the city attorney to craft a new policy applicable to the use of the City's computer and communications resources. The policy applies to computer, email, and personal communication device usage, and is currently under review with the City Manager's office. • Upcoming legislative action — the city attorney will be commencing (A) interdepartmental work with the city clerk and planning department on the process of legislative and practical implementation of the Subcommittee's direction that in addition to property owners, City residents will receive copies of land use and other notices issued; and (B) work on the regulation of lobbying activity and campaign contributions requested by the Subcommittee in October. ALTERNATIVES: • Reject the proposed ordinance, or any part thereof, and/or provide direction or alternative language for revision of same • Direct the Council Subcommittee and/or city attorney to revise and resubmit either the proposed ordinance, together with additional information desired, if any CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: Section 15378(b)(5) of the California Environmental Quality Act ("CEQA") Guidelines exempts activities that are covered under the general rule that CEQA applies only to projects that have the potential to cause significant effects on the environment. Where it can be seen with certainty that there is no possibility the activity in question may have a significant effect upon the environment, the activity is not subject to CEQA. The requested action requests the City Council to consider adopting a resolution and 05 1.18.19 City Council Staff Report January 24, 2018 -- Page 6 Public Integrity Ordinance introducing an ordinance related to public integrity, and which itself will not result in a direct or indirect physical change to the environment. Therefore, the requested action is considered exempt from CEQA. FISCAL IMPACT: Not analyzed. Edward Z. Kotkin, Ktfarcus L. Full r, MPA, P.E., P.L.S., City Attorney Assistant City Manager David H. Ready, Esq., Ph.D., City Manager Attachments: A. Proposed Ordinance B. Draft Whistleblower Form C. Proposed Web Content re Hotline 06 1.18.19 ATTACHMENT A ATTACHMENT A 07 ORDINANCE NO. AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING CHAPTER 2.60 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO PUBLIC INTEGRITY City Attorney's Summary This Ordinance adopts Chapter 2.60 of the City's Municipal Code relating to public integrity. The Ordinance expands the breadth of "conflicts of interest" in the City, and mandates disclosure by, and disqualification of officials from participation in making government decisions, beyond the realm of the financial interests addressed by state law. The Ordinance also requires new disclosures from applicants for City approvals, and provides a new timeline for action by the City's Planning Commission becoming final. The City Council of the City of Palm Springs ordains: SECTION 1. Title 2, Chapter 2.60 of the Palm Springs Municipal Code, PUBLIC INTEGRITY is hereby adopted, to read as follows. Chapter 2.60 PUBLIC INTEGRITY 2.60.010 Findings and Purpose (A) From time to time, the City has an interest in imposing greater public integrity requirements on its officials than those required by state law. (B) Not all interests that create a conflict for public officials are financial in nature. To limit the impact of non-financial conflicts of interest upon public service in the City, the City Council has proscribed participation in making of governmental decisions by officials who suffer from non-economic conflicts of interest reflected in this Chapter. (C) Non-economic conflicts of interest arise from certain fiduciary interests held by officials, and from rented or leased interests in real property. (D) Applicants for land use entitlements, licenses, permits, and other City approvals are sometimes not natural persons. To ensure the avoidance of conflicts of interest by public officials, in the instance of an applicant that is not a natural person, the City should inquire into the applicant's status and identity, requiring disclosure by the applicant of officers, directors, members, managers, and investors who have an ownership interest in the applicant entity with a value of two thousand dollars ($2,000.00) or more. �g i is.is 1 Ordinance No. Page 2 (E) The City's residents do not elect the members of the Planning Commission, and Planning Commission actions often do not attract the degree of attention in the community inherent to City Council consideration of a matter. That said, Planning Commission decisions are final in many matters of significance. A Planning Commission action should not become "final" before the public enjoys the benefit of City Council awareness of the Planning Commission action in question. Further, Planning Commission decisions being available for public review on the City's website supports a transparency of planning action that the City desires. 2.60.020 Definitions As used in this Chapter, the following definitions shall apply: "Act" means the Political Reform Act of 1974 as it has been and may be amended from time to time. "Applicant" means a person or entity that applies for a City land use entitlement, license, permit, or another City approval. "Application" means the application filed or presented by an applicant to the City. "Business Day" means a day of the week when city hall for the City of Palm Springs is open for public business. "Form 700" means the statement of economic interests filed by an official with the California Fair Political Practices Commission and/or the city clerk, whether pursuant to Government Code Section 87200 or the Local Code. "Local Code" means the City's local conflict of interest code as it may be adopted and amended from time to time, adopting Title 2 of the California Code of Regulations, Section 18730. "Material Change of Interest" means an official assumes, is assigned, resigns, is terminated, purchases or sells, or otherwise comes to possess or forfeit either a special fiduciary interest or a special real property interest subject to this Chapter. "Official" means every member, officer, employee or consultant of the City covered by and subject to the City's Local Code, and subjecting the official in question to the provisions of the Act. An official's elected or appointed status has no bearing upon the applicability of this Chapter. "Planning Commission" means the body defined by Section 607 of the charter of the City and Chapter 2.29 of this Code. 09 1,18.18 2 Ordinance No. Page 3 "Significant Position" means a position held by a natural person in relation to a separate legal entity that is an applicant; examples of significant positions include without limitation officers and directors (in the instance of a corporation), members and managers (in the instance of a limited liability company), trustees and other fiduciaries (in the instance of a trust or another organization), and investors who have an ownership interest in the applicant entity with a value of two thousand dollars ($2,000.00) or more. "Special Fiduciary Interest" means an interest that a City official holds when (s)he (i) holds an identifiable role, such as a manager or authorized representative, as to another natural person, or in relation to an entity or organization (fi) is responsible or accountable, in that role, for the general well-being of that person, entity, or organization and (iii) owes a professional, financial, or other duty of loyalty or care, in that role, to that person, entity, or organization. The receipt of monetary consideration from another natural person, or from any entity or organization has no bearing on the determination as to whether the interest in question is a "special fiduciary interest." Special fiduciary interests may be of a financial nature, or not. Examples of special fiduciary interests include service as (a) a trustee for a charitable trust, (b) a non- compensated voting member on a board of directors of a charitable organization, or (c) a pro bono provider of professional services to a non-profit corporation. "Special Real Property Interest" means an interest in a parcel of improved or unimproved, commercial or residential real property, located in the City, and rented or leased, and held, occupied, used or maintained by an official, whether in his/her capacity as a natural person or as an officer, director, member, manager, trustee or fiduciary of a legal entity. The term and existence or non-existence of a rental agreement or lease has no bearing upon the existence of a special real property interest in question. 2.60.030 Application of Chapter (A) The provisions of this Chapter shall apply generally to all applicants, officials, and to all actions by the Planning Commission. (B) Provisions of this Chapter are to be supplementary, complementary and cumulative to all of the provisions of this Code, state law, and any law cognizable at common law or in equity. Except as otherwise specifically stated herein, nothing in this Chapter shall be read, interpreted, or construed in any manner so as to limit any right or power of the City of Palm Springs, the Planning Commission, or any official to a greater extent than state law and regulations adopted pursuant thereto, including without limitation the Act. (C) When the requirements of this Chapter conflict with any other provision contained elsewhere in this Code, or any regulation or requirement adopted by the City, or in 1.M18 3 10 Ordinance No. Page 4 state law, the most restrictive, affirmatively demanding, or punitive requirement shall prevail. 2.60.040 Duties of Officials (A) Every official shall disclose each and all of his/her special fiduciary interests on a written form prepared, maintained and amended as deemed appropriate by the city clerk. The disclosure of special fiduciary interests shall be executed under penalty of perjury under the laws of the state, and shall be filed with the city clerk at or before the end of the first business day of the month of April. (B) Every official shall disclose each and all of his/her special real property interests on a written form prepared, maintained and amended as deemed appropriate by the city clerk. The disclosure of special real property interests shall be executed under penalty of perjury under the laws of the state, and shall be filed with the city clerk at or before the end of the first business day of the month of April. (C) In the event that any official experiences a material change of interest after filing a form pursuant to subdivision (A) or (B) of this section 2.60.040 or as to any interest identified in that official's most recent Form 700, but before the upcoming annual filing date of a new form, the official in question shall file an amendment to the form on file with the city clerk within thirty (30) days of the material change of interest. (D) In the event that an official holds a special fiduciary interest with respect to an applicant, in the context of City consideration of any action arising from or related to that applicant's application, that official suffers from a non-financial conflict of interest under this Chapter, and shall not engage or participate in any City action arising from or related to that applicant's application. Such an official shall state the nature of his/her special fiduciary interest on the record of any proceeding arising from or related to that applicant's application, and recuse himself/herself from consideration of action upon the applicant's application. (E) In the event that an official holds a special fiduciary interest related to an application but not with respect to the applicant, in the context of City consideration of any action arising from or related to that applicant's application, that official may suffer from a non-financial conflict of interest under this Chapter. In determining whether the official in question suffers from a non-financial conflict of interest, the decisive factor shall be whether it is reasonably foreseeable that City action upon the application will have a material impact or effect on the official's special fiduciary interest or the person or entity associated therewith. If it is so foreseeable, the official suffers from a non- financial conflict of interest, and shall not engage or participate in any City action arising from or related to the application in question. Such an official shall state the nature of his/her special fiduciary interest on the record of any proceeding arising from or related to the application in question, and recuse himself/herself from consideration of action upon the application. � 1 1.18.18 4 Ordinance No. Page 5 (F) In the event that an official holds a special real property interest located within five hundred (500) feet of any real property that is the subject of an application, that official suffers from a non-financial conflict of interest under this Chapter, and shall not engage or participate in any City action arising from or related to that application. Such an official shall state the nature of his/her special real property interest on the record of any proceeding arising from or related to that application, and recuse himself/herself from consideration of action upon the application. (G) Officials who suffer from non-financial conflicts of interest as defined in this section 2.60.040 do not have the duty to leave the room which the matter arising from or related to the conflict in question is considered. 2.60.050 Duties of Applicants (A) Every applicant that is not a natural person must disclose the identity of each natural person who holds or occupies a significant position with respect to that applicant entity or any entity that holds a significant position with respect to the applicant entity, i.e., a sub-entity. (B) In the event that an applicant fails to comply with subdivision (A) of this section 2.60.050, the application of the applicant in question shall be deemed incomplete for all purposes, and the City shall not process or in any way consider the application of the applicant in question. 2.60.070 Planning Commission Action, City Processing (A) The City shall not deem "final" any action by the Planning Commission, which action represents the ultimate and determinative action by the City with respect to any application, and is not subject to mandatory review by the City Council unless and until the date that is ten (10) days after the date when (1) the City Council has received written notice to the City Council of the Planning Commission action in question, and (2) the City has posted written notice of the Planning Commission action in question on the City's website. (B) The planning director and the city clerk shall at all times use and apply their best efforts to affect and ensure the City's prompt compliance with subdivision (A) of this section 2.60.070. (C) No applicant may rely or make any application based upon a Planning Commission action as being "final" and binding upon the City unless and until the date that is ten (10) days after notice has been received by the City Council and posted on the City website pursuant to subdivision (A) of this section 2.60.070. 12 L 18.18 5 Ordinance No. Page 6 (D) Any applicant aggrieved and alleging a City failure to provide and post notice pursuant to subdivision (A) of this section 2.60.070 and a corresponding lack of finality with respect to a particular Planning Commission action shall have the right, commencing on the ninetieth (90th) day after the Planning Commission action in question, to seek a writ of mandate in the Superior Court of the State of California, County of Riverside, Palm Springs courthouse, declaring the Planning Commission action to be final and binding upon the City. In the event that an applicant prevails against the City in an action filed pursuant to subdivision (D) of this section 2.60.070, that applicant shall recover all costs of that action and attorneys' fees incurred in its pursuit. 2.60.080 Violations and Enforcement Any official or applicant who violates a provision of this Chapter is subject to administrative penalties pursuant to Chapters 1.01 and 1.06 of this Code. SECTION 2. 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. SECTION 3. Neither introduction nor adoption of this Ordinance represents a "project" for purposes of the California Environmental Quality Act (CEQA), as that term is defined by CEQA guidelines (Guidelines) section 15378, because this Ordinance is an organizational or administrative activity that will not result in a direct or indirect physical change in the environment, per section 15378(b)(5) of the Guidelines. 13 118.18 6 Ordinance No. Page 7 SECTION 4. 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 and this Ordinance shall take effect thirty (30) days after passage. PASSED AND ADOPTED THIS DAY OF 12018. AYES: NOES: ABSTAIN: ABSENT: Robert Moon, Mayor ATTEST: Anthony J. Mejia, MMC, City Clerk APPROVED AS TO FORM: Edward Z. Kotkin, City Attorney 14 ATTACHMENT B ATTACHMENT B 15 WHISTLEBLOWER HOTLINE The City of Palm Springs is committed to conducting its affairs ethically and in compliance with the law. We take pride in the high quality services we provide to the community. Therefore, we offer a 2417 Whistleblower hotline, (760) 322-8371, and an online complaint form, where employees and members of the community can anonymously report suspicions and make a report of alleged unethical, or unlawful conduct by any City official or employee. About the HOTLINE The City Council has created a whistleblower hotline (Hotline) to collect anonymous reports of fraud, waste, abuse, and unethical or unlawful conduct. The Hotline is designed for reporting suspected cases of fraud and any other ethical impropriety, by the City or any of its employees, officials, contractors or vendors, including but not limited to waste or abuse of City resources. The Hotline is not a substitute for employment-related grievances or complaints by City employees, as existing City policies and procedures provide channels for resolution of such matters. While face-to-face reporting is always the best form of communication, it is not always feasible; the Hotline provides another vehicle to report fraud or waste. Confidentiality Complainants can choose to remain anonymous. Hotline Administrators and the City Attorney, will maintain the confidentiality of all complaints, including documents to the greatest extent permitted by law. Complaints submitted online are routed directly to the Hotline Administrators working under the supervision of the City Attorney. In the event an Administrator or the City Attorney is involved in a complaint, the complaint will be submitted to the City Manager and handled by the City Council's standing Public Integrity Subcommittee. Whistleblower Protection The City will neither retaliate, nor will it tolerate retaliation against those who, in good faith, report suspected fraud, or waste, or who participate in an investigation of suspected violations. An act of retaliation should be reported immediately to the City Attorney, who will investigate and report potential violations to appropriate authorities. In addition, those who bring matters to the Hotline may be protected through the State of California Whistleblower Protection Act or other State or federal laws. Hotline Process To assist in the processing of your complaint, you are advised that the more information that you provide the better. However, a minimum amount of information is needed and must be provided in order to allow commencement of any investigation. 16 Please obtain and be ready to provide the following information before you contact the Hotline: o Names of any individual(s) involved; o What happened and why you think it is/was wrong,- When and where the incident happened and names and contact information, if known, of anyone that knows or witnessed what happened; o The department impacted and the people involved; and o Any documentation or other evidence you have or know of. Reporting Fraud, Waste or Abuse Call the WHISTLEBLOWER HOTLINE at(760) 322-8341 - or complete and submit an online complaint form. Hotline Administrators investigate or refer to appropriate authorities all complaints received. Complaints pertaining to City employees in the areas of employee relations, discrimination, harassment, safety, workers' compensation fraud, and related personnel matters will be forwarded to the City Attorney for appropriate handling and investigation, which may include the Police Department and/or outside investigators, depending on the nature of the issue and whether criminal conduct is alleged. 17 ATTACHMENT C ATTACHMENT C 18 F ?ALM City of Palm Springs Public Integrity Whistleblower Hotline Submittal Form RQT£0 C'Qi/Fop, Mail, Email or fax the completed form to: Attn: Public Integrity Whistleblower Hotline, 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262 Email: whistleblower(cDpalmspringsca.gov, Fax: 760.322.8332 Attn: Whistleblower Hotline YOUR • - • • • • Date: Name: Address: Email Address: Phone: I INCIDENT REPORT Complete the form and click submit when complete. Who is involved in the alleged misconduct, fraud or unethical behavior? Describe the alleged misconduct, fraud or unethical behavior in detail. (Include dates, time and location if possible) i I Other comments: I I I I I i i FOR INTERNAL AUDIT USE ONLY Date Replied: City Attorney Signature: Comments: Post Office Box 2743 • Palm Springs,California 92263-2743 a 9 Created(0110312018)