HomeMy WebLinkAbout10/5/2016 - STAFF REPORTS - 1.N.O*9ALM So
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C'941FORN`P CITY COUNCIL STAFF REPORT
DATE: OCTOBER 5, 2016 CONSENT CALENDAR
SUBJECT: DECLARE RENT REVIEW COMMISSION APPOINTIVE POSITION AS
VACANT PURSUANT TO CHARTER SECTION 605(f)
FROM: David H. Ready, City Manager
BY: Office of the City Clerk
SUMMARY
The City Council will consider declaring a Rent Review Commission appointive office as
vacant.
RECOMMENDATION:
1. Declare the Rent Review Commission appointive office held by Elijah Stiny
vacant.
2. Direct the City Clerk to post a Notice of Vacancy.
STAFF ANALYSIS:
Palm Springs City Charter Section 605(f) requires staff to bring before the City Council
the issue of whether to declare the office of a board or commission member vacant for
failure of the board or commission member to file a financial disclosure statement as
may be required by state law or city ordinance.
Since his appointment on May 4, 2011, Mr. Stiny has been late six out of the seven
filings required of him. Most recently, he has not filed his Annual Statement for the
2015 calendar year which was due on April 1, 2016. Initial notification went out by email
on February 27, 2016, and reminder emails went out on March 30- 2016, and April 13,
2016. Subsequently, delinquent notices were mailed on May 17, 2016, and July 21,
2016. Finally, a Statement of Economic Interests Form 700 Non -Filer Enforcement
Referral was submitted to the Fair Political Practices Commission on
September 1, 2016, and Mr. Stiny was carbon copied at both his physical and mailing
addresses.
ITEM NO. N
City Council Staff Report
October 5, 2016 -- Page 2
Lastly, the Commission met on July 27, 2016, September 9, 2016, and September 19,
2016, and Mr. Stiny was unable to be reached by telephone and was not in attendance.
FISCAL IMPACT:
None.
.5;imes Thompson, City Clerk
Attachments:
Charter Section 605
David H. Ready, City Ma
Letters/Emails to Elijah Stiny
FPPC Non -Filer Enforcement Referral, Carbon Copied Elijah Stiny
02
9/29/2016 SECTION 605. Remwal; Vacancies,
CHARTER OF THE CrFY OF PALM SPRINGS
ARTICLE VI. APPOINTIVE BOARDS AND COMMISSIONS
SECTION 605. Removal; Vacancies.
Any member of a board or commission may be removed at any time by a vote of a majority of the membership of
the city council and, notwithstanding any other provision of this section mandating city council consideration of removal
of a board or commission member, removal may be with or without cause. The issue of whether to declare the office of
a board or commission member vacant shall be brought before the city council as follows:
(a) Upon the resignation of the board or commission member;
(b) Upon the request of any member of the city council;
(c) Upon excessive absenteeism, to be defined as absence from three consecutive meetings of such board or
commission or for twenty five percent (25%) of the duly scheduled meetings of the board or commission within any
fiscal year, unless by permission of such board or commission expressed in its official minutes;
(d) Upon conviction of any felony or crime of moral turpitude;
(e) If the member of the board or commission ceases to be a qualified elector of the City;
(f) Failure of the board or commission member to file a financial disclosure statement as may be required by
State law or city ordinance; or
(g) Such other cause as city council may provide by ordinance.
The city council may declare the office of any board or commission member vacant, and the vacancy shall be
effective from the date of the declarant unless otherwise specified in the declaration.
Any vacancies in any board or commission shall be filled by appointment by the mayor, with the approval of the
city council. Upon a vacancy occurring leaving an unexpired portion of a term, any appointment to fill such vacancy
shall be for the unexpired portion of such term.
View the mobile version.
03
http:/twww.gcode.us/codes/pal msprings/ ill
Cindy Berardi
From:
Sent:
To:
Subject:
Attachments:
Tracking:
Cindy Berardi
Saturday, February 27, 2016 9.01 PM
Cindy Berardi
"Annual Statement of Economic Interests- Form 700"
Appendix 2 Disclosure Categories.pdf
Recipient
enstiny@hotmail.com
Delivery
Delivered 2/27/2016901 PM
Good evening ... it's that time of year, the annual filing of FPPC Form 700 Statement of Economic
Interests.
The Political Reform Act and/or City of Palm Springs Conflict of Interest Code require members of
Commissions and Boards, along with certain designated staff, to file an annual Statement of
Economic Interests. Your statement for the 2015 year is due on or before FRIDAY. APRIL 1,
2016. (City Hall is closed on Fridays, so the last day for in -person delivery is Thursday, March 31,
2016, otherwise it must be postmarked by Friday, April 1, 2016.)
Although the form appears daunting, it is really quite simple. You only need to file the applicable
forms as designated for your office/position in Appendix 2 Disclosure Categories (see
attachment). An interactive form and additional materials can be found in a new Form 700
Reference Pamphlet at httD://www.fDDC.ca.aov/Form700.htmi. Unfortunately, we cannot accept email
filings, as the FPPC requires us to have one with an original signature.
I am confident that you will file timely, as filings after the deadline may lead to late filing penalties of
$10 for each day the statement is late. Form 700 is a Dublic record! (If you would like to see your last
completed form, to use as a guide, we would be happy to provide it upon request.) Take a second
look at your statement for accuracy and completeness, before it is filed.
If you have any questions, we will certainly try to be of assistance. The best source for technical
information is the FPPC Toll -Free Helpline (866) 275-3772.
As always, thank you for serving the City of Palm Springs!
Sincerely,
Cynthia A. Berardi, CMC
Deputy City Clerk
City of Palm Springs
P. O. Box 2743
Palm Springs, CA 92263
(760)323-8204
(760) 322-8332 fax
Please note: City Hall is open Monday -Thursday 8:00am-6:00pm, and we are closed on
Fridays.
04
Cindy Berardi
From:
Sent:
To:
Cc:
Subject:
Attachments:
Importance:
Good Evening,
Cindy Berardi
Wednesday, March 30, 2016 8:22 PM
Cindy Berardi
enstiny@hotmail.com
"Reminder of Annual Statement of Economic Interests - Form 700 Deadline.
Interactive Form 700 for 2015 Year (1).pdf, Appendix 2 Disclosure Categories.pdf
High
This is just a friendly reminder that Thursday, March 31, 2016, is the deadline to file your Annual
Statement of Economic Interests — Form 700 "in person" since City Hall is closed on Fridays. (If you
prefer to mail it, a postmark by April 1, 2016, is still considered on time.) I have attached a blank form
and disclosure categories to this email. Please remember, the Fair Political Practices Commission
requires we have an original signature; therefore, we cannot accept them by email or fax.
If you have any questions or need additional information I am here to help.
Sincerely,
Cynthia A. Berardi, CIVIC
Deputy City Clerk
City of Palm Springs
P O. Box 2743
Palm Springs, CA 92263
(760)323-8204
(700) 322-8332 fax
Please note: City Hall is open Monday -Thursday 8:00am-6:00pm, and we are closed on
Fridays.
05
Cindy Berardi
From:
Sent:
To:
Subject:
Attachments:
Good Afternoon,
Cindy Berardi
Wednesday, April 13, 2016 1:51 PM
enstiny@hotmail.com
**Delinquent Annual Statement of Economic Interests - Form 700**
Final Form 700 2015 2016.pdf: Appendix 2 Disclosure Categories.pdf
In checking our records, I find we have not received your Annual Statement of Economic Interests —
Form 700 which was due on April 1, 2016.
I have attached another blank form and corresponding disclosure categories. If you have any
questions or need additional information, please don't hesitate to contact me. Thank you.
Sincerely,
Cynthia A. Berardi, CIVIC
Deputy City Clerk
City of Palm Springs
P. Q. Box 2743
Palm Springs, CA 92263
(760) 323-8204
(760) 322-8332 fax
Please note: City Hall is open Monday -Thursday 8:00am-6:00pm, and we are closed on
Fridays.
City of Palm Springs
Office of the City Clerk
3200 E Tahquitz Canyon Way • Palm Springs, CA 92262
Tel: (760) 323-8204 • Pax: (760) 322-8332 • TDD. (76u) 864-9527 • Web www.palmspringsca.gov
May 17, 2016
Mr. Eli Stiny
P. 0. Box 4382
Palm Springs, CA 92263
RE: Delinquent Form 700 Statement of Economic Interests
Rent Review Commission
Annual Statement Due Aoril 1, 2016
Dear Mr. Stiny:
According to our records, you have not filed your Annual Statement of Economic
Interests (Form 700) which was due on April 1, 2016. If you have filed your statement
and think this information is incorrect, please contact us to reconcile your record.
Pursuant to the Political Reform Act, the deadline cannot be extended. Please
file your statement immediately. Government Code Section 91013 provides that any
person who files a statement after its deadline shall be liable in the amount of $10 per
day, up to a maximum of $100.
We have enclosed a blank form and corresponding disclosure categories or
interactive forms are available at www.fooc.ca.00v. If you have any questions or need
additional information or forms, please call Cindy Berardi, Deputy City Clerk, at
(760)323-8204.
Enclosures/2
Sincerely,
CITY OF PALM SPRINGS
V
,�Aames Thompson
City Clerk
Post Office Box 2743 0 Palm Springs, California 92263-2743
07
City of Palm Springs
Office of the City Clerk
3200 E. Tahquitz Canyon Way • Palm Springs, CA 92262
Tel (76() 323-8204 • Fax (76f1) 322-Si32 • TDD: (760) 864-9527 • Web: www.palmspringsca.goc
July 21, 2016
Mr. Eli Stiny
P. O. Box 4382
Palm Springs, CA 92263
RE: Delinquent Form 700 Conflict of Interest Statement
Annual Statement Due April 1, 2016
NOTICE OF DELINQUENCY
This is your final notice that Form 700 Annual Statement was to be filed with the
City Clerk by April 1, 2016. Please file immediately.
According to our records you were notified on April 13, 2016. and May 17, 2016,
that you have not filed your Form 700. If you have filed your statement, please contact
us immediately, so that we may reconcile our records.
Government Code Section 91013 imposes a fine of $10 per day, up to a
maximum of $100; in addition to any administrative penalty (up to the statutory
maximum, currently $5,000) imposed by the Fair Political Practices Commission
(FPPC).
If we do not receive your statement, the City is required to refer this matter to the
FPPC, the District Attorney and/or other appropriate enforcement agencies.
Additionally, notification will be forwarded to the City Council as a violation of the Palm
Springs Charter Section 605, REMOVAL OF A COMMISSIONER.
You may obtain forms from my office or an interactive form is available on-line at
www.fppc.ca.ciov.
CITY OF PALM SPRINGS
�5meThompson
City Clerk
09
Post Office Box 2743 0 Palm Springs, California 92263-2743
Statement of Economic Interests
Form 700 Non -Filer Enforcement Referral
In order to expedite the enforcement referral, please complete the information below.
Referral will not be accepted if the form is not entirely completed.
I. FILING OFFICER INFORMATION
Filing Officer: James Thompson Title: City Clerk
Agency: City of Palm Springs
Address' P. O. Box 2743, Palm Springs, CA 92263
Telephone' 760-323-6204 Fax 760-322-8332 Email: jay.thompson@palmspringsca gov
II. NON -FILER INFORMATION
Name Elijah Stiny Position: Commissioner
Division/Commission/Board Rent Review Commission
Address (Nome): 2153 N. Cerritos Drive, Palm Springs, CA 92262
Employer not presently
Address (work): P. 0. Box 4382, Palm Springs, CA 92263
Telephone (Home). 760-641-2943 Telephone (work) Email: enstiny@hotmail.com
III. STATEMENT INFORMATION
Type of Non -Filed Statement:
❑ Assuming: _/_/_ AAnnual: 2015 f-1 Leaving: _/_ Date Due:
(Date) (Year) iDate)
Number of Prior Filings 6 (Attach copy of most recent statement riled.) Number of Prior Late Filings: 5
(Attach filing MstoryJ
Currently Holding Position? R1 Yes ❑ No
IV. NOTIFICATION: Attach copies of all communications with non -filer including letters, phone logs, smalls, or other
documentation. If email, provide a copy of recipient's receipt of email.
Two written notifications must be made before referring this matter to the Fair Political Practices Commission Enforcement
Division for consideration for formal enforcement action.
Date: 2 / 27 / t6 ❑ Verbal Written Date 3 / 30 / 16 Cl Verbal d Written
(Dale) (Date)
Date: 5 / 7 116 ❑ Verbal E,] Written Date: 7 / 21 / 16 ❑ Verbal L Written
(Date) )Date)
(Please include a copy of the conflict of interest code.)
Upon completion, email PDF comnlaint0fooc.ra.aov
or mail the form and the attachments to:
Fair Political Practices Commission O Enforcement Division
428 J Street, Ste. 620 a Sacramento, CA 958144 Telephone: (916) 322-6090. Fax: (916) 322-1932 09
carbon copied: 2153 N. Cerritos Drive
Palm Springs, CA 92262 7114