CAC 07 11 1994i 1
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OF TNt
CULTURAL AFFAIRS COMMISSION
AGENDA
La Quinta Civic Center Council Chambers
78-495 Calle Tampico
La Quinta, CA 92253
July 11, 1994
7:00 P.M.
I. CALL TO ORDER
A. Roll Call
I1. CONFIRMATION OF AGENDA
Corrections, additions, deletions or reorganization of the agenda
III. APPROVAL OF MINUTES
IV. ANNOUNCEMENTS
A. Introduction of Commissioners and Staff
V. PUBLIC COMMENT
The Cultural Affairs Commission reserves the right to limit discussion on
any topic to five minutes or less.
VI. CORRESPONDENCE AND WRITTEN MATERIALS
CACAGN.001 1
V11. STAFF REPORTS
A. Review Cultural Affairs Commission Materials
• Brown Act Information
• Resolution 92-112 - Meeting Procedures
• Cultural Affairs Commission Ordinance
• Community Services Commission Work Plan & Handbook
• Ordinances from Other Cities
• Art in Public Places Master Plan (Draft)
B. Distribute Commissioner's Profiles for Review
C. Discuss Agenda Format and Process
VII1. COMMISSION BUSINESS
A. Establish Regular Meeting Time and Day
B. Discuss Appointment of Chair and Vice Chair
IX. NEXT MEETING DATE, TIME AND TOPIC
1994
La Quinta Civic Center Council Chambers
• Election of Officers
X. ADJOURNMENT
CACAGN.001 2
1 0 IC4P
T4hf f
78-495 CALLE TAMPICO - LA QUINTA, CALIFORNIA 92253 - (619) 777-7000
FAX (619) 777-7101
NOTICE OF WORKSHOP
BROWN ACT
AND
FAIR POLITICAL PRACTICES REGULATIONS
ALL CITY COMMISSION/BOARD/COMMITTEE MEMBERS
ARE INVITED TO PARTICIPATE IN A WORKSHOP WITH
THE CITY ATTORNEY AT 6:00 P.M. ON TUESDAY,
JULY 26, 1994.
Dawn Honeywell, City Attorney will be reviewing the Brown
Act as well as disclosure requirements under the Fair Political
Practices Commission. This workshop is intended to brief
newly appointed Commission/Board and Committee Members
as well as provide a refresher course to the more "seasoned"
members.
NOTE: A light dinner will be served.
MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253
• 0
ht 4
78495 CALLE TAMPICO --- LA QUINTA, CALIFORNIA 92253 - (619) 777-7000
FAX (619) 777-7101
NOTICE
The Riverside County Board of Supervisors is in the process of forming an Eagle Mountain
Landfill Oversight Committee, which was included as a condition of approval to monitor the
dumping activities at the landfill. The Board believes that this committee could be of value to
the community during the permitting process, which is currently proceeding at the State level.
On a long-term basis, the committee will also have a significant role in assuring that the
extensive mitigation measures and conditions applied to the project by the Board of Supervisors
are effectively implemented.
This committee will be a nine -member citizens group. Five members will be appointed by the
Board of Supervisors; two members will be appointed by CVAG; one member to be appointed
by the Western Riverside Council of Governments and one non -voting member appointed by
Mine Reclamation Corporation (MRC).
Anyone interested in applying should complete the attached application form and submit no later
than July 15th to:
CVAG
73-710 Fred Waring Drive, Suite 200
Palm Desert, California 92260
MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253
'le.
THE BROWN ACT,
CONFLICTS OF INTERESTS LAW
AND THE
ROLE OF THE
PLANNING COMMISSIONER
IN A LAWSUIT
PRESENTED AT THE
LEAGUE OF CALIFORNIA CITIES
1992 PLANNING COMMISSIONERS INSTITUTE
A►NAHEIM, CALIFORNIA
April 9-11, 1992
by: ANGIL P. MORRIS
Turlock City Attorney
TABLE OF CONTENTS
Page
PART ONE: BROWN ACT AND DISCUSSION
A. Discussion Paper on Open Meeting Law exerpt from a presentation
at the League of California Cities Conference 1989
The Brown Act - Training for Elected or Appointed Officials 1-8
B. Open Meeting Law "Brown Act" [Government Code §54950 et seq.] 9-25
C. Brown Act, Questions and Answers Exerpt from a presentation
at the League of California Cities Conference 1989 26-32
PART TWO: CONFLICT'S OF INTERESTS LAWS
Issue Spotter Checklist
(0-00
A. Discussion Paper on Conflict of Interest and Disclosure Exerpt from
a presentation at the League of California Cities Conference 1989
Contractual and Non -Contractual Conflicts of Interest and
Financial Disclosure
33-58
B. Conflict of Interest and Inconsistent or Incompatible Employment Law
Government Code § 1090 et seq.
59-66
C. Fair Political Practices Act, Conflict of Interest and Disclosure Law
Government Code §81001, 8710.0, 87200, 87300, 87500 et seq.
and Penal Code § § 118 and 126
67-74
D. Conflict of Interest Exerpt from Planning Commission Handbook
Rules of Official Conduct
75-End
"' PART ONE
BROWNACT
DISCUSSION
PART I
OPEN MEETING LAW
"BROWN ACT's
(Government Code 54953 et seq.
t r
A.
DISCUSSION PAPER ON OPEN MEETING LAW
EXCERPT FROM A PRESENTATION
AT THE
LEAGUE OF CALIFORNIA CITIES CONFERENCE 1989
THE BROWN ACT
TRAINING FOR ELECTED OR APPOINTED OFFICIALS
The Brown Act* of California is regarded by many as being the strictest of the
"open meeting laws" currently in effect in the country. Since training of
elected officials, in particular, cannot be undertaken without a thorough
understanding of its legal and administrative considerations, it is discussed
here.
A. INTENT
The Brown Act requires that:
"All meetings of the legislative body of a local agency shall be open
and public, and all persons shall be permitted to attend any meeting
of the legislative body of a local agency, except as otherwise
provided in this chapter." (Government Code Section 54953)
"Meeting" is not defined. The Legislature has avoided including a definition
from the time a proposed definition was deleted by an amendment when the Brown
Act first was being considered by the Legislature in 1953.
The expressed intent of the. Ralph M. Brown Act is to require all local
governing bodies, boards and commissions to hold open and public meetings
whenever considering the public's business. Closed sessions are strictly
limited both by the Act and by court decisions. Similar laws have been
adopted requiring state agencies and legislative committees to meet openly,
and prohibiting secret meetings.
Although the Brown Act was enacted in 1953, the first statute requiring city
councils to hold open meetings was adopted more than a century earlier in
1850. The very first California Legislature provided in Section 10 of Chapter
12 of the Statutes of 1850 that "The city shall, by ordinance, fix the times
and places of holding their stated meetings, and may be convened by the mayor
at any time, and their proceedings shall be public." General law cities
organized under the Municipal Corporations Act of 1883 were simply told that
"all meetings shall be public," and every charter, without exception, has
required council meetings in charter cities to be open and public.
Why -then the need for the Brown Act? Many districts were organized under laws
which did not require open meetings, and "open-door" laws applicable to
counties and cities were loosely interpreted and sometimes blatantly ignored.
State and* congressional legislative committees made most of their major
decisions in executive or secret sessions. A variety of devices were used to
avoid open meeting requirements and to permit consideration of major issues
behind closed doors -- including the body resolving itself into a committee of
the whole, or by conducting dinner meetings, and agenda or study sessions.
*See Page for the full text of the Brown Act
/•
Although the devices used to avoid public meeting requirements were many, and
often ingenious, they were seldom justified. Too often, however, in critical
media commentaries, cities were blamed along with districts or state agencies
and legislative or congressional committees -- even though such cities held
only open and public sessions. While it took a long time to extend such laws
to the state level, most people will now agree that the intent of the Brown
Act is observed throughout the state and that most deliberations (as well as
actions) are now conducted in open session.
The Brown Act gave new vigor to old laws, extended open meeting requirements
to all local agencies, and furnished the example and impetus to eventually
reach both state and federal agencies. The intent, as expressed in Section
54950 of the Government Code, has been widely quoted and, more importantly,
directly used as an aid to interpretation of the Act. The section provides:
"In enacting this chapter, the Legislature finds and declares that the
public commissions, boards and councils and the other public agencies
in this State exist to aid in the conduct of the people's business.
It is the intent of the law that their actions be taken openly and
that their deliberations be conducted openly.
"The people of this State do not yield their sovereignty to the
agencies which serve them. The people, in delegating authority, do
not give their public servants the right to decide what is good for
the people to know and what is not good for them to know. The people
insist on remaining informed so that they may retain control over the
instruments they have created."
B. DECISIONS
1. Sacramento. The interpretation of the Act as it now reads places great
weight on the use of the term "deliberations", in the statement of intent.
Justice Leonard Friedman made it very clear, in Sacramento Newspaper Guild v.
Sacramento County Board of Supervisors, 263 Cal. App. 2d 41 (1968), that
except for social gatherings which are obviously distinguishable from those
arranged for pursuit of the public's business, gatherings to discuss public
business must be held pursuant to the open session requirements of the Brown
Act. Justice Friedman said:
"To 'deliberate' is to examine, weigh and reflect upon the reasons for
or against the choice. (See Webster's New International Dictionary
(3d ed.)) Public choices are shaped by reasons of fact, reasons of
policy or both. Any of the agency's functions may include or depend
upon the ascertainment of facts. (citation omitted) Deliberation
thus connotes not only collective discussion, but the collective
acquisition and exchange of facts preliminary to the ultimate
decision."
"In Section 54950 the notion of action -taking is juxtaposed to that of
deliberation, indicating that deliberation and action, however they
may coalesce, are functionally discernible steps, both of which must
be taken in public view."
"In this area of regulation, as well as others, a statute may push
beyond debatable limits in order to block evasive techniques. An
_ ,,,, 200
t .J
informal conference -or caucus permits crystallization of secret
decisions to a point just short of ceremonial acceptance. There is
rarely any purpose to a nonpublic premeeting conference except to
conduct some part of the decisional process behind closed doors. Only
by embracing the collective inquiry and discussion stages, as well as
the ultimate step of official action, can an open meeting regulation
frustrate these evasive devices. As operative criteria, formality and
informality are alien to the law's design, exposing it to the very
evasions it was designed to prevent. Construed in the light of the
Brown Act's objectives, the term 'meeting' extends to informal
sessions or conferences of the board members designed for the
discussion of public business. The Elks Club luncheon, attended by
the Sacramento County Board of Supervisors, was such a meeting."
The Sacramento decision involved a luncheon gathering of the Board of,
Supervisors and staff of the Central Labor Council, to discuss a strike of the
Social Workers Union against the county.
2. Merced. Five months after the Sacramento decision, in a case involving
purporte y "open" dinner meetings at a local restaurant prior to council
sessions at the city hall, Judge Coakley -- in Linton v. Merced (Superior
Court #37039) -- granted a permanent injunction against the city council,
restraining them from:
"I. Holding or attending• meetings at which there is a discussion or
deliberation regarding public business at any place other than the Council
Chambers of the Merced City Hall.
"2. Holding or attending meetings which are not open and public or which
are not free to be entered, shared, visited and attended by all persons.
"As used hereinabove the word meetings includes, but is not limited to,
any and all sessions and conferences at which there is a quorum present
and at which public business of the city of Merced is discussed or
deliberated upon.
"The evidence in this case did not touch upon meetings of members of the
City Council with other municipal, county or statewide legislative bodies
or officials held within or outside the City of Merced, which meetings are
held or attended for the purpose of discussing matters of common interest.
Accordingly, and without expressing any opinion as to the legality of
participating in such meetings, this injunction is not intended to reach
or restrain attendance at such meetings."
Although Judge Coakley, in Merced, clearly follows the language of the
Sacramento decision, he also limits his restraining order so as to avoid joint
meetings with other public officials from_ other jurisdictions to discuss
matters of common interest - rather than city business primarily affecting
the City of Merced. In oral argument, Judge Coakley had considered a wide
variety -of intergovernmental meetings and confined his judgment in the narrow
manner quoted above.
3. Arroyo Grande. In a 1975 case, Five Cities Times Press Recorder et al v.
City of Arroyo Grande, No. 45437 (County of San Luis Obispo), considering the
validity of a proposed "study session" to be held beyond the limits of the
city, by the council and several commissions, advisory bodies and staff
members, the court noted:
"The meeting proposed would be a business one as distinguished from a
purely social gathering. City problems particular to the City of
Arroyo Grande would be discussed, as distinguished from a meeting away
from 'home' which would be for educational purposes of a general
nature (e.g., League of California Cities conventions, etc.). Members
of the public would have free access to the meeting; possibly some
form of free transportation would be provided."
The court held that Sections 36808 and 54954 of the Government Code preclude
meetings outside the jurisdiction of a general law city and concluded that
"Nothing stated herein should be interpreted as having any implication as to
meetings which do not involve the city's business in the direct and particular
way intended under these specific facts. The facts as related by the court
were:
"More than a quorum of the members of the City Council, Planning
Commission, and other commissions and advisory bodies of the City of
Arroyo Grande, -as well as staff members, were scheduled to meet in an
all day Saturday session which would be a non -action one designed to
bring together elected, appointed and employed personnel in an
informal setting. It was intended to do so on a weekend, without
overtime pay, with some public expense (lunch and transportation), at
a place beyond the city limits selected for its attractiveness and
suitability to quiet, uninterrupted discussion. The entire group
would meet at the beginning and end of the day, with most of the day
being devoted to separation into five groups. This would avoid any
quorum being present at any one group. The location away from the
city was selected as an encouragement to the participation of the
people concerned on a holiday."
It should be clearly emphasized that "problems particular to the City of
Arroyo Grande would be discussed.�� It is our view that if the gathering had
been solely for educational purposes of_a general nature, the Brown Act would
not have been an issue.
4. Stockton Redevelopment Agency.. In a 1985 case, Stockton Newspapers v.
Redevelopment Agency, 171 C.A. 3d 95, the issue was whether a series of
non-public telephone conversations, each between .a member of the governing
body of a local agency and the city attorney, for the commonly agreed purpose
of obtaining a collective commitment or promise by a majority of that body
concerning public business, constitutes a meeting within the meaning of the
Brown Act. The court in rejecting the argument that less than a quorum of the
governing body was involved at any one time said:
a series of non-public contacts at which a quorum of a
legislative body is lacking at any given time is proscribed by the
Brown Act if the contacts are 'planned by or held with the collective
concurrence of a quorum of the body to privately discuss the public's
business' either directly or indirectly through the agency of a
nonmember. . . . we conclude that a series of telephone conversations
conducted through an intermediary may, under a liberal construction of
the circumstances here pled, constitute a meeting of the legislative
body within the scope of the Brown Act."
C. AGENDA REQUIREMENTS
Government Code Section 54954.2 enacted by AB 2674 (Connelly), Chapter 641 of
the 1986 Statutes, requires a city to post an agenda of a regular meeting of
the council in a location which is freely accessible to the public at least 72
hours before the meeting. The agenda must include a brief description of each
item of business to be transacted or discussed at the meeting and state the
time and location of the meeting. The council is prohibited from taking
action on any item not appearing on the posted agenda unless: (1) a council
majority determines that an "emergency situation," as defined in the section,
exists; (2) the council determines by a two-thirds vote, or by a unanimous
vote if less than two-thirds of the council members are present, that the
"need to take action" on the item arose subsequent to the posting of the
agenda; or (3) the item was included in a properly posted agenda for a prior
meeting occurring not more than five days prior to the meeting at which the
action is taken and was continued to the meeting at which the action is taken.
AB 2674 also amended Government Code Section 54956, which governs the calling
of a special meeting, to require that the agenda of a special meeting must be
posted at least 24 hours prior -to the meeting.
D. POTENTIAL PROBLEMS
Any time a majority of the members of a city council meet to discuss the
public business of the city which they serve, the requirements of the Brown
Act, both substantive and procedural, must be followed. The exceptions to the
open and public meeting requirement are very limited. Closed meetings may be
held: a) to consider the appointment, evaluation or dismissal of employees,
including the city manager, city attorney or department heads, but not other
elective or non -elective appointive officers; b) to discuss litigation with
the city attorney; c) to discuss specified security matters; d) to discuss the
council's position on employee demands, with the council's designated
representative, at a time when wages, hours and conditions of employment are
being negotiated; and e) to discuss with the city's negotiator certain
purchases, sales, exchanges and leases of real property. This does not
preclude training and development seminars for council members. It is our
view that there is as much a difference between a training and development
seminar (designed to facilitate a council member's decision -making ability or
to improve council -administrative relationships) and a council meeting to
discuss specific city problems. and their solutions, as there is between a
purely social gathering and -one arranged for the deliberation or discussion of
the public's business.
Minnesota has an act similar to the Brown Act, and the Minnesota Attorney
General has ruled the "deliberations" by a council, on matters within its
official duties or powers, must be open to the public. (Ops. Atty. Gen.
63a-5, Oct. 8, 1974). Nevertheless, when asked whether council members could
meet privately in a training program where public business as described would
be discussed incidental to such training, the Minnesota Attorney General
replied in the affirmative by saying:
__ _ ,.. 5��
"It appears that the substance of the training program would consist
largely of discussions devoted solely to developing skills in
communication, - planning, delegation of responsibilities, and
decision -making, and to strengthening or clarifying an understanding
of the responsibilities of council members. Thus, such a program
would be directed toward developing general techniques in dealing with
municipal matters rather than toward resolving specific problems.
"In our opinion, a training program devoted solely to the above -
described purposes does not constitute a deliberation on matters
within the council's 'official' duties or powers and is not inconsis-
tent with the open meeting law."
While we have no similar ruling in California, either by the Attorney General
or the courts, it is possible for any city attorney to reach a similar
conclusion with respect to substantially the same facts. The factual
situation in the Minnesota opinion also disclosed that some collateral
discussions of business proper to a public meeting would take place, and as to
these the attorney General said:
"Discussions of this nature would constitute a deliberation on a
matter within the official duties or powers of the council and would
therefore be deemed to be a 'meeting'.
"Thus, while participation in a non-public training program is not
inconsistent with the language or purposes of the open meeting law,
discussions of matters within the council's official duties or powers,
such as those dealing with liquor licenses and sidewalk assessments,
must be avoided."
We believe that a training session is permissibleas long as there is no
deliberation of the city s business or of specific matters affecting the
substantive policies of the city rather than group dynamics. If the sessions
are solely to improve skills in the decision -making and communication
processes, and to provide general information on techniques and principles of
municipal administration, there has been neither action taken nor deliberation
of existing or proposed policies of the city. We recognize that this is a
difficult standard to adhere to but, if fully understood and rigidly observed
by the part;^ipants, it would permit desirable training and development to
proceed. Perhaps the presence of representatives of the news media at such
training sessions would help prevent prohibited collateral discussions.
E. ALTERNATIVES ;
If the above suggestion is not approved by your city attorney, are there
alternatives that may meet with his or her approval? We feel that the
following should be considered:
I. Comply _in every respect. The most obvious suggestion is to have the
training and development sessions comply in every respect with the substantive
and procedural requirements of the Brown Act. As the court noted in the
Arroyo Grande case:
-- 6 MUD
"Though 'uninterrupted discussion' was one of the considerations in
this instance, that can be obtained in a number of ways known to
public meetings (e.g., a study session conducted in public but not of
the public participation type which permits discussion from the
floor). Such an uninterrupted meeting could be held locally if ade-
quate facilities were found, yet it would permit full exposure to the
public of the thoughts which might later be the basis of decisions."
It would not be possible, however, to limit the number of persons attending
the session, and this could frustrate the generation of frank discussions
often necessary for the success of many training and development sessions.
Many cities hold regularly scheduled study, agenda, or discussion sessions,
where the ordinance establishing such meetings expressly declares that no
action will be taken or policies established or changed. These meetings are
primarily for giving and receiving information, although there may be
deliberation as defined by Justice Friedman in the Sacramento decision. As
long as the sessions fully comply with the Brown Act (noticed public sessions
without directly or indirectly limiting attendance), there are no problems.
2. Joint training with neighboring cities. Joint training and development
sessions with neighboring cities -- where they clearly involve two or more
councils, their staffs, and those experts conducting the training sessions --
would be similar to League conferences and institutes, and governmental or
university -sponsored seminars. Neither the letter nor the spirit of the Brown
Act would be violated by the attendance of a majority of the members of a city
council, at such a training session as long as the quorum does not discuss
city business amongst themselves.
3. Training for less than a majority. It also is clearly possible to provide
training and development opportunities for less than a majority of the members
of the council. But even with a five member council, this takes at least
three sessions rather than one. It greatly increases the cost, and reduces
the enhanced trust and communication generated at a training seminar in which
all participate.
F. PENALTIES AND SANCTIONS FOR BROWN ACT VIOLATIONS
Until 1986, the Brown Act provided for the following two penalties and
remedies;
"Each member of a legislative -body who attends a meeting of such
legislative body where action is taken in violation of any provision
of this chapter, with knowledge of the fact --that the meeting is in
violation thereof, i's guilty of a misdemeanor." (Government Code
Section 54959)
"Any interested person may commence an action by mandamus, injunction
or declaratory relief for the purpose of stopping or preventing
violations or threatened violations of this chapter by members of the
legislative body of a local agency or to determine the applicability
of this chapter to actions or threatened future- action. of the
legislative body." (Government Code Section 54960)
W0,..
As Justice Friedman noted in the Sacramento case, there is a substantial
distinction between these two sections of the law. He said:
"Critics of open meeting laws have been troubled by the prospect of
criminal prosecutions against public officials who make the wrong
guess when confronted with an ambiguous situation. (See Comment Open
Meeting Legislation, 75 Harv. L. Rev. 1199, 1211 (1962); Comment, 54
Cal. L. Rev. supra, at p. 1662). Apparently sharing this concern, the
Legislature has made the criminal sanction narrower than the law's
declaration of intended coverage. Not every violation of the Brown
Act is a violation of Section 54959. The misdemeanor penalty is
focused on the meeting where action is taken, not on the meeting
confined to deliberation. The narrow, carefully designed criminal
penalty evidences the act's broader scope when no crime is involved,
that is, when deliberation is unaccompanied by 'action taken'."
Government Code Section 54960.1, added by AB 2674 (Connelly), Chapter 641 o-f-
the 1986 Statutes, provides a third remedy. It authorizes any interested
person to seek a judicial determination that an action taken by the council in
violation of the public meeting or agenda posting requirements of the Brown
Act is null and void. Prior to filing a lawsuit and within 30 days of the
action, the interested person must make a demand of the council that it cure
the challenged action. If the council takes no curative action within 30 days
of the demand, the interested person must file suit within the earlier of:
(1) 15 days after the expiration of the 30 day period; (2) 15 days after
receipt of written notice from the city council of its decision to cure, or
not to cure, the challenged action; or (3) 75 days from the date the
challenged action was taken. Notwithstanding the foregoing, an action of the
council cannot be determined to be null and void if: (1) the action was taken
in substantial compliance with the Brown Act; (2) the action was taken in
connection with the issuance of an evidence of indebtedness; (3) the action
taken gave rise to a contractual obligation upon which a party has, in good
faith, detrimentally relied, or (4) the action was taken in connection with
collection of any tax.
CONCLUSION
An actual council training seminar in which the matters to be discussed are
confined to policy -making techniques, to the development of communication
skills, and to council -administrative relationships -- as opposed to
deliberation or discussion on specific public or municipal matters affecting
an individual city -- would not, in our opinion, violate either the spirit or
letter of the Brown Act . However, a training seminar should not be used
either to discuss specific city problems or the reasoning by which decisions
will be made with respect' to such problems. The public is entitled to know
the reasons why decisions are made, as well as the decisions themselves. '
mcoisecc.train
January 1989
mow P_
B.
OPEN MEETING'LAW
"BROWN ACT"
(Government Code 54953 et seq.)
GOVERNMENT CODE
S 54950. Policy declaration
In enacting this chapter, the Legislature finds and declares
that the public commissions,' boards and councils and the other
public agencies in this State exist to aid in the conduct of the
people's business. It is the intent of the law that their
actions be taken openly and that their deliberations be conducted
openly.
The people of this State do not yield their sovereignty to the
agencies which serve them. 'The people, in delegating authority,
do not give their public servants the right to decide what is
good for the people to know and what is not good for them to
know. The people insist on remaining informed so that they may
retain control over the instruments they have created.
S 54950.5. Title
This chapter shall be known as the Ralph M. Brown Act.
S 54951. Definition of local agency
As used in this chapter, "local agency" means a county, city,
whether general law or chartered, city and county, town, school
district, municipal corporation, district, political
subdivision, or any board, commission or agency thereof, or
other local public agency.
S 54951.1. Certain antipoverty organizations included
For the purposes of this chapter, and to the extent not
inconsistent with federal law, the term "local agency" shall
include all private nonprofit organizations that receive public
money to be expended. for public purposes pursuant to the
"Economic Opportunity Act of 1964" (PL 88-452; 78 Stats 508) (42
USCS 55 2701 et seq.].
S 54951.7. Definition of local agency
"Local agency includes any nonprofit corporation, created by
one or more local agencies, any one of the members of whose
board of directors is appointed by such local agencies and which
is formed to acquire, construct, reconstruct, maintain or operate
any public work project.
GOVERNMENT CODE
S 54952. Definition of legislative body
As used in this chapter, "legislative body" means the governing
board, commission, directors or body of a local agency, or any
board or commission thereof, and shall include any board,
commission, committee, or other body on which officers of a local
agency serve in their official capacity as members and which is
supported in whole or in part by funds provided by such agency,
whether such board, commission, committee or other body is
organized and operated by such local agency or by a private
corporation.
S 54952.2. Bodies with delegated authority included
As used in this chapter, "legislative body" also means any
board, commission, committee, or similar multimember body which
exercises any authority of a legislative body of a local agency
delegated to it by that legislative body.
S 54952.3. Advisory commissions, committees, and bodies
included
As used in this chapter "legislative body" also includes any
advisory commission, advisory committee or advisory body of a
local agency, created by charter, ordinance, resolution, or by
any similar formal action of a legislative body or member of a
legislative body of a local agency.
Meetings of such advisory commissions, committees or bodies
concerning subjects which do not require an examination of facts
and data outside the territory of the local agency shall be held
within the territory of the local agency and shall be open and
public, and notice thereof must be delivered' personally or by
mail at least 24 hours before the time of such meeting to each
person who has requested, in writing, notice of such meeting.
If the advisory commission, committee or body elects to provide
for the holding of regular meetings, it shall provide by bylaws,
or by whatever other rule is utilized by that advisory body for
the conduct of its business, for the time and place for holding
such regular meetings. No other notice of regular meetings is
required.
"Legislative body" as defined in this section does not include a
committee composed solely of members of the governing body of a
local agency which are less than a quorum of such governing body.
The provisions of Sections 54954, 54955, 54955.1, _and 54956
shall not apply to meetings under this section.
/Q _
GOVERNMENT CODE
5 54952.5. Boards or commissions included
As used in this chapter "legislative body" also includes, but is
not limited to, planning commissions, library boards, recreation
commissions, and other permanent boards or commissions of a local
agency.
5 54952.6. Definition of action taken
As used in this chapter, "action taken" means a collective
decision made by a majority of the members of a legislative
body, a collective commitment or promise by a majority of the
members of a legislative body to make a positive or a negative
decision, or an actual vote by a majority of the members of a
legislative body when sitting as a body or entity, upon a motion,
proposal, resolution, order or ordinance.
S 54952.7. Giving copies of law to legislative body members
A legislative body of a local agency may require that a copy of
this chapter be given to each member of the legislative body. An
elected legislative body of a local agency may require that a
copy of this chapter be given to each member of each legislative
body all or a majority of whose members are appointed by or under
the authority of the elected legislative body.
5 54953. Open meetings and video teleconferencing
(a) All meetings of the legislative body of a local agency shall
be open and public, and all persons shall be permitted to attend
any meeting of the legislative body of a local agency, except as
otherwise provided in this chapter.
(b) Notwithstanding any other provision of law, the legislative
body of a local agency may. use video teleconferencing for the
benefit of the public or the legislative body of a local agency
in connection with any meeting or proceeding authorized by law.
The use of video teleconferencing,.as authorized by this chapter,
shall -be limited to the receipt of public.comment or testimony by
the legislative body and to deliberations of the legislative
body. If the legislative body of a local agency elects to use
video teleconferencing, it shall post agendas at all video
teleconference locations and adopt reasonable regulations to
adequately protect the statutory or constitutional rights of the
parties or the public appearing before the legislative body of a
local agency. The term "video teleconference" shall mean a
system which provides for both audio and visual participation
between all members of the legislative body and the public
attending a meeting or hearing at any video teleconference
location.
(Subsection (b) sunsets January 1, 1994.
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GOVERNMENT CODE
S 54953.1. Right to testify in private
The provisions of this chapter shall not be construed to
prohibit the members of the legislative body of a local agency
from giving testimony in private before a grand jury, either as
individuals or as a body.
S 54953.3. Registration not mandatory
A member of the public shall not be required, as a condition to
attendance at a meeting of a legislative body of a local agency,
to register his or her name, to provide other information, to
complete a questionnaire, or otherwise to fulfill any condition
precedent to his or her attendance.
If an attendance list, register, questionnaire, or other similar
document is posted at or near, the entrance to the room where the
meeting is to be held, or is circulated to the persons present
during the meeting, it shall state clearly that the signing,
registering, or completion of the document is voluntary, and that
all persons may attend the meeting regardless of whether a person
signs, registers, or completes the document.
S 54953.5. Tape recording
Any person attending an open and
body of a local agency shall
proceedings on a tape recorder
finding of the legislative body
recording constitutes, or would
proceedings.
public meeting of . a legislative
have the right to record the
in the absence of a reasonable
of the local agency that such
constitute, a disruption of the
S 54953.7. Greater access to meetings permitted
Notwithstanding any other provision of law, legislative bodies of
local agencies may impose requirements upon themselves which
allow greater access to their meetings than prescribed by the
minimal standards set forth in this chapter. In addition
thereto, an elected legislative body of a local agency may impose
such requirements on those appointed legislative bodies of the
-local agency of which all or a majority of the members are
appointed by or under the authority of the elected legislative
body.
S 54954. Conduct of business; time and place for regular
meetings
The legislative body of a- local agency -shall provide, by
ordinance, resolution, by-laws, or by whatever other rule is
required for the conduct of business by that body, the time for
holding regular meetings. Unless otherwise provided for in the
act under which the local agency was formed, meetings of the
legislative body need not be held within the boundaries of the
--/Z 4000
GOVERNMENT CODE
S 54954. (continued)
territory over which the local agency exercises jurisdiction. If
at any time any regular meeting falls on a holiday, such regular
meeting shall be held on the next business day. If, by reason of
fire, flood, earthquake or other emergency, it shall be unsafe to
meet in the place designated, the meetings may be held for the
duration of the emergency at such place as is designated by the
presiding officer of the legislative body.
64954.1. Mailed notice to persons who tiled written request; time; duration and renewal of
requests; fee
The legislative body ' ' ' which is subject to the provisions of this chapter shall give mailed notice
of every regular meeting, and any special meeting which is called at least one week prior to the date
set for the meeting, to any ' ' ' person who has filed a written request for that notice with the
legislative body. Any mailed notice required pursuant to this section shall be mailed at least one
week prior to the date set for the meeting to which it applies except that the legislative body may
give the notice as it deems practical of special meetings called less than seven days prior to the date
set for the meeting. . .
Any request for notice filed pumsuant to this section shall be valid for one year from the date on
which it is filed unless a renewal request is filed. Renewal requests for notice shall be filed within
90 days after January 1 of each year.
The failure of any person to receive the notice given pursuant to this section shall not constitute
grou�for any court to invalidate the actions of the legislative body for which the no8ce was given.
The legislative body may establish it reasonable annual fee for sending the notice based on the
estimated coat of providing ' ' ' the service.
(Amended by Stats.1990, e. 1198 (A.B.4066), 1 1.) .
S 54954.2. Agenda requirements; regular meetings
(a) At least 72 hours before a regular meeting, the legislative
body of the local agency, or its designee, shall post an agenda
containing a brief general description of each item of business
to be transacted or discussed at the meeting. The agenda shall
specify the time and location of the regular meeting and shall be
posted in a location .that is freely accessible to members of the
public. No action shall be taken on any item not appearing on
the posted agenda.
(b) Notwithstanding subdivision (a), the legislative body may
take action on items of business not appearing on the posted
agenda under any of the following conditions:
(1) Upon a determination by a majority vote of the legislative
body -that an emergency situation exists, as defined in Section
54956.5.
§54954.2 (continued) GOVERNMENT CODE
(2) Upon a determination by a two-thirds vote of the
legislative body, or, if less than two-thirds of the members are
present, a unanimous vote of those members present, that the need
to take action arose subsequent to the agenda being posted as
specified in subdivision (a).
(3) The item was posted pursuant to subdivision (a) for a prior
meeting of the legislative body occurring not more than five
calendar days prior to the date action is taken on the item, and
at: the prior meeting the item was continued to the meeting at
which action is being taken.
4 64964.8. Opportunity for public to address legislative body; adoption of regulations
(a) Every agenda for regular meetings shall provide an opportunity for members of the public to
directly address the legislative body on ' ' ' any item of interest to the public before or during the
leirislative body's consideration of the item, that is within the subject matter jurisdiction of the
legislative body, provided- that no action shall be taken on any item not appearing on the agenda
unless the action is otherwise authorized by subdivision (b) of Section 54954.2. However, in the case
of a meeting of a city council in a city or a board of supervisors in a city and county, the agenda need
not provide an opportunity for members of the public to address the council or board on any item
that has already been considered by a committee, composed exclusively of members of the council or
board, at a public meeting wherein all interested members of the public were afforded the
opportunity to address the committee on the item, before or during the committee's consideration of
the item unless the item has been substantially changed since the committee heard the item, as
e�rmEed by the council or board.
(b) The legislative body of a local agency may adopt reasonable regulations to ensure that the
intent of subdivision (a) is carried out, including, but not limited to, regulations limiting the total
amount pf time allocated for public testimony on particular issues and for each individual speaker.
64964.4. Reimbursements to local agencies and school districts for costs
(a) The Legislature hereby finds and declares that Section 12 of Chapter 641 of the Statutes of
1986, authorizing reimbursement to local agencies and school districts for costs mandated by the
state pursuant to that act, shall be interpreted strictly. The intent of the Legislature is to provide
reimbursement for only those costs which are clearly and unequivocally incurred as the direct and
n¢cessary result of compliance with Chapter 641 of the Statutes of 1986.
(b) In this regard, the Legislature directs all state employees and officials involved in reviewing or
authorizing claims for reimbursement, or otherwise participating in the reimbursement process, to
rigorously review each claim and authorize only those claims,.or parts thereof, which represent costs
which are clearly and unequivocally incurred as the direct and necessary result of compliance with
Chapter 641 of the Statutes of 1986 and for which complete documentation exists. For purposes of
Section 64954.2, costs eligible for reimbursement shall only include the actual cost to post a single
agenda for any, one. meeting. _ .
(c) The Legislature hereby finds and declares that complete, faithful, and uninterrupted compli-
ance with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division
2 of Title b of the Government Code) is a matter of overriding public importance. Unless specifically
- stated, no future Budget Act, or related budget enactments, shall, in any manner, be interpreted to
suspend, eliminate, or otherwise modify the legal obligation and duty of local agencies to fully
comply with Chapter 641 of the Statutes of 1986 in a complete, faithful, and uninterrupted manner.
5-54955. Adjournment
The legislative body of a local agency may adjourn any regular,
adjourned regular, special or adjourned special meeting to a time
and place specified in the order of adjournment. Less than a
quorum may so adjourn from time to time. If all members are
absent from any regular or adjourned regular meeting the clerk or
secretary of the legislative body may declare the meeting
adjourned to a stated time and place and he shall cause a written
notice of the adjournment to be given in the same manner as
provided in Section 54956 for special meetings, unless such
notice is waived as provided for special meetings. A copy of the
order or notice of adjournment shall be conspicuously posted on
or near the door of the place where the regular, adjourned
regular, special or adjourned special meeting was held within 24
SOO44 am,
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GOVERNMENT CODE
S 54955. !(continued)
hours after the time of the adjournment. When a regular or
adjourned regular meeting is adjourned as provided in this
section, the resulting adjourned regular meeting is a regular
meeting for all purposes. When an order of adjournment of any
meeting fails to state the hour at which the adjourned meeting is
to be held, it shall be held at the hour specified for regular
meetings by ordinance, resolution, bylaw, or other rule.
S 54955.1. Continuance
Any hearing being held, or noticed or ordered to be field, by a
legislative body of a local agency at any meeting may by order or
notice of continuance be continued or recontinued to any
subsequent meeting of the legislative body in the same manner and
to the same extent set forth in Section 54955 for the adjournment
of meetings; provided, that if the Bearing is continued to a time
less than 24 hours after the time specified in the order or
notice of hearing, a copy of the order or notice of continuance
of hearing shall be posted immediately following the meeting at
which the order or declaration of continuance was adopted or
made.
S 54956. Special meeting
A special meeting may be called at any time by the presiding
officer of the legislative. body of a local agency, or. by a
majority of Ahe members of the legislative body, by delivering
personally or by mail w it
evi
ten notice to each member of the
legislative body and to each local newspaper of general
circulation, radio or to sion station requesting notice in
writing. The notice shall be delivered personally or by mail
and shall be received at least 24 hours before the time of the
meeting as specified in the notice. The call and notice shall
specify the time and place of the special meeting and the
business to be transacted. No other business shall be considered
at these meetings by the legislative body. The written notice
may be dispensed with as to any member who at or prior to the
time the meeting convenes files with the clerk or secretary of
the legislative body a -written waiver of notice. The waiver may
be=given by telegram. The written notice may also be dispensed
with as to any member who is actually present at the meeting at
the time it convenes. "Notice shall be required pursuant to this
section regardless of whether any action is taken at the special
meeting.
The call and notice shall be posted at least 24 hours prior to
the special meeting in a location that is freely accessible to
members of the public.
S 54956.5. Emergency meeting
In the case of an emergency situation involving matters upon
which prompt action is necessary due to the disruption or
4. /54.
GOVERNMENT CODE
S 54956.5. (coiitiaued)
threatened disruption of public facilities, a legislative body
may hold an emergency meeting without complying with either the
24-hour notice requirement or the 24-hour posting requirement of
Section 54956 or both of the notice and posting requirements.
For purposes of this section, "emergency situation" means any of
the following:
(a) Work stoppage or other activity which severely impairs
public health, safety, or both, as determined by a majority of
the members of the legislative body.
(b) Crippling disaster which severely impairs public health,
safety, or both, as determined by a majority of the members of
the legislative body.
However, each local newspaper of general circulation and radio or
television station which has requested notice of special meetings
pursuant to Section 54956 shall be notified by the presiding
officer of the legislative body, or designee thereof, one hour
prior to the emergency meeting by telephone and all telephone
numbers provided in the most recent request of such newspaper or
station for notification of special meetings shall be exhausted.
In the event that telephone services are not functioning, the
notice requirements of this section shall be deemed waived and
the legislative body, or designee of the legislative body, shall
notify those newspapers, radio stations, or television stations
of the fact of the holding of the emergency meeting, the purpose
of the meeting, and any action taken at the meeting as soon after
the meeting as possible.
Notwithstanding Section 54957, the legislative body shall not
meet in closed session during a meeting called pursuant to this
section.
All special meeting requirements, as prescribed in Section 54956
shall be applicable to a meeting called pursuant to this section,
with the exception of the 24-hour notice requirement.
The minutes of a meeting called pursuant to this section, a list
of_ persons who the presiding officer of the legislative body, or
designee of the legislative body, notified or attempted to
notify, a copy of the rollcall vote, and any actions taken at the
meeting shall be posted for a minimum of 10 days in a public
place as soon after the meeting as possible.
S 54956.6. Fees
No fees may be charged by the legislative body of a local agency
for carrying out any provision of this chapter, except as
specifically authorized by this chapter.
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GOVERNMENT CODE
S 54956.7. Closed session: Licensing matter
Whenever a legislative body of a local agency determines that it
•is necessary to discuss and determine whether an applicant for a
license or license renewal, who has a criminal record, is
sufficiently rehabilitated to obtain the license, the
legislative body may hold a closed session with the applicant
and the applicant's attorney, if any, for the purpose of holding
the discussion and making the determination. If the legislative
body determines, as a result of the closed session, that the
issuance or renewal of the license should be denied, the
applicant shall be offered the opportunity to withdraw the
application. If the applicant withdraws the application, no
record shall be kept of the discussions or decisions made at the
closed session and all matters relating to the closed session
shall be confidential. If the applicant does not withdraw the
application, the legislative body shall take action at the public
meeting during which the closed session is held or at its next
public meeting denying the application for the license but all
matters relating to the closed session are confidential and shall
not be disclosed without the consent of the applicant, except in
an action by an applicant who has been denied a license
challenging the denial of the license.
S 54956.8. Closed session: Real estate negotiations
Notwithstanding any other provision of this chapter, a
legislative body of a local agency may hold a closed session
with its negotiator prior to the purchase, sale, exchange, or
lease of real property by or for the local agency to- give
instructions to its negotiator regarding the price and terms of
payment for the purchase, sale, exchange, or lease.
However, prior to the closed session, the legislative body of
the local agency shall hold an open and public session in which
it identifies the real property or real properties which the
negotiations may concern and the person or persons with whom its
negotiator may negotiate.
For the purpose of this section, the negotiator may be a member
of the legislative body of the local agency.
For purposes of this section, "lease" includes renewal or
renegotiation of a lease.
Nothing in this section shall preclude a local agency from
holding a closed session for discussions regarding eminent
domain proceedings pursuant to Section 54956.9.
S 54956.9. Closed session: Pending litigation
Nothing in this chapter shall be construed to prevent a
legislative body of a local agency, based on advice of its legal
GO.17..
GOVERNMENT CODE
5 54956.9. (continued)
counsel, from holding a closed session to confer with, or receive
advice from, its legal counsel regarding pending litigation when
discussion in open session concerning those matters would
prejudice the position of the local agency in the litigation.
For purposes of this chapter, all expressions of the
lawyer -client privilege other than those provided in this
section are hereby abrogated. This section is the exclusive
expression of the lawyer -client privilege for purposes of
conducting closed -session meetings pursuant to this chapter. For
purposes of this section, litigation shall be considered pending
when any of the following circumstances exist:
(a) An adjudicatory proceeding before a court, administrative
body exercising its adjudicatory authority, hearing officer, or
arbitrator, to which the local agency is a party, has been
initiated formally.
(b)(1) A point has been reached where, in the opinion of the
legislative body of the local agency on the advice of its -legal
counsel, based on existing facts and circumstances, there is a
significant exposure to litigation against the local agency.
(2) Based on existing facts and circumstances, the legislative
body of the local agency is meeting only to decide whether a
'closed session is authorized pursuant to paragraph (1) of this
subdivision.
(c) Based on existing facts and circumstances, the legislative
body of the local agency has decided to initiate or is deciding
whether to initiate litigation.
Prior to holding a closed session pursuant to this section, the
legislative body of the local agency shall state publicly to
which subdivision it is pursuant. If the session is closed
pursuant to subdivision (a), the body shall state the title of or
-otherwise specifically identify the litigation to be discussed,
unless the body states that to do so would jeopardize the
agency's ability to effectuate service of process upon one or
more unserved parties, or that to do so would jeopardize its
ability to conclude existing settlement. negotiations to its
advantage.
The legal counsel of the legislative body of the local agency
shall prepare and submit to the body a memorandum stating the
specific reasons and legal authority for the closed session. If
the closed session is pursuant to subdivision (a), the
memorandum shall include the title of the litigation. If the
closed session is pursuant to subdivision (b) or (c), the
memorandum shall include the existing facts and circumstances on
which -it is based. The legal counsel shall submit the memorandum
to the body prior to the closed session if feasible; and in any
case no later than one week after the closed session. The
GOVERtvMUM'r CODE
5 54956.9. (conti.nued)
memorandum shall be exempt from disclosure pursuant to Section
6254.1.
For purposes of this section, "litigation" includes any
adjudicatory proceeding, including eminent domain, before a
court, administrative body exercising its adjudicatory authority,
hearing officer, or arbitrator.
S 54957. Closed sessions
Nothing contained in this chapter shall be construed to prevent
the legislative body of a local agency from holding closed
sessions with the Attorney General, district attorney, sheriff,
or chief of police, or their respective deputies, on matters
posing a threat to the security of public buildings or a threat
to the public's right of access to public services or public
facilities, or from holding closed sessions during a regular or
special meeting to consider the appointment, employment,
evaluation of performance, or dismissal of a public employee or
to hear complaints or charges brought against such employee by
another person or employee unless such employee requests a public
hearing. The legislative body also may exclude from any, such
public or closed meeting, during the examination of a witness,
any or all other witnesses in 'the matter being investigated by
the legislative body.
For the purpose of this section, the term "employee" shall not
include any person elected to office, or.appointed to an office
by the legislative body of a local agency; provided, however,
that nonelective positions of city manager, county
administrator, city attorney, county counsel, or a department
head or other similar administrative officer of a local agency
shall be considered employee positions; and provided further
that nonelective positions of general manager, chief engineer,
legal counsel, district secretary, auditor, assessor, treasurer,
or tax collector of any governmental district supplying services
within limited boundaries shall'be deemed employee positions.
Nothing in this chapter shall be construed' -to prevent any board,
commission, committee, or' other body organized and operated by
any private organization as defined in Section 54952 from holding
closed sessions to consider (a) matters affecting the national
security, or (b) the appointment, employment, evaluation of
performance, or dismissal of an employee.or to hear complaints or
charges brought against such employee by another person or
employee unless such employee requests a public hearing. Such
body also -may exclude from any such public or closed meeting,
during the examination of a witness, any or all other witnesses
in the matter being investigated by the legislative body.
45L
GOVERNMENT CODE
S 54957.1. Report of employment determinations
The legislative body of any local agency shall publicly report at
the public meeting during which the closed session is held or at
its next public meeting any action taken, and any roll call vote
thereon, to appoint, employ, or dismiss a public employee arising
out of any closed session of the legislative body.
S 54957.2 Minutes of closed session
(a) The legislative body of a local agency may, by ordinance or
resolution, designate a clerk or other officer or employee of the
local agency who shall then attend each closed session of the
legislative body and keep and enter in a minute book a record of
topics discussed and decisions made at the meeting. The minute
book made pursuant to this section is not a public record subject
to inspection pursuant to the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of
Title 1), and shall be kept confidential. The minute book shall
be available only to members of the legislative body or,if a
violation of this chapter is alleged to have occurred at aclosed
session, to a court of general jurisdiction wherein the local
agency lies. Such minute book may, but need not, consist of a
recording of the closed session.
(b) An elected legislative body of a local agency may require
that each legislative body all or a majority of whose members are
appointed by or under the authority of the elected legislative
body keep a minute book as prescribed under subdivision (a).
S 54957.5. Agendas and other materials: Public records
(a) Notwithstanding Section 6255 or any other provisions of
law, agendas of public meetings and other writings, when
distributed to all, or a majority of all, of the members of a
legislative body of a local agency by a member, officer,
employee, or agent of such body for discussion or consideration
at a public meeting of such body, are public records under the
California Public Records Act (Chapter 3.5 (commencing with
-Section 6250) of Division 7 of Title 1) as soon as distributed,
and shall be made available pursuant to Sections 6253 and 6256.
However, this section shall not include any writing exempt from
public disclosure under Section 6253.5, 62.54, or 6254.7.
(b) Writings which are public records under subdivision (a) and
which are distributed prior to commencement of a public meeting
shall be made available for public inspection upon request prior
to commencement of such meeting.
(c) Writings which are public records under subdivision (a) and
which are distributed during a public meeting and prior to
commencement of their discussion at such meeting shall be made
20 4010
GOVERNMENT CODE
S 54957.5.' (continued)
available for public inspection prior to commencement of, and
during, their discussion at such meeting.
(d) Writings which are public records under subdivision (a) and
which are distributed during their discussion at a public
meeting shall be made available for public inspection
immediately or as soon thereafter as is practicable.
(e) Nothing. in this. section shall be construed to prevent the
legislative body of a local agency from charging a fee or
deposit for a copy of a public record pursuant to Section 6257.
The writings described in subdivisions (b), (c), and (d) are,..
subject to the requirements of the California Public Records Act
(Chapter 3.5 (commencing with Section 6250), Division 7,
Title 1), and subdivisions (b), (c), and (d) shall not be
construed to exempt from public inspection any record covered by
that act, or to limit the public's right to inspect any record
required to be disclosed by that act. This section shall not be
construed to be applicable to any writings solely because they
are properly discussed in a closed session of a legislative body
of the local agency. Nothing in this chapter shall be construed
to require a legislative body or (of) a local -agency to place
any paid advertisement or any other paid notice in any
publication.
(f) "Writing" for purposes of this section means "writing" as
defined under Section 6252.
S 54957.6. Closed sessions: Employee salaries and benefits
(a) Notwithstanding any other provision of law, a legislative
body of a local agency may hold closed sessions with the local
agency's designated representatives regarding the salaries,
salary schedules, or compensation paid in the form of fringe
benefits of its represented. and unrepresented employees. Closed
sessions of a legislative body of a local agency, as permitted in
this section, shall be -for the. purpose of reviewing its position
and instructing the local agency's designated representatives.
Closed sessions, as permitted in this section, may take place
prior to and during consultations and discussions with
representatives of employee organizations and unrepresented
employees.
For the purposes enumerated in this section, a legislative body
of a local agency may also meet with a state -conciliator who has
intervened in the proceedings.
(b) In addition. to the closed sessions authorized by
subdivision (a), the legislative body, as defined by Sections
54952, 54952.2, 54952.3, and 54952.5, of a public --agency, as
defined by subdivision (c) of Section 3501, may hold closed
sessions with its designated representatives on mandatory
6.0 j -M
GOVERNMENT CODE
S 54957.6. (continued)
subjects within the scope of representation of its represented
employees, as determined pursuant to Section 3504.
S 54957.7. Statement of reasons and authority for closed
session
Prior to or after holding any closed session, the legislative
body of the local agency shall state the general reason or
reasons for the closed session, and may cite the statutory
authority, including the specific section and subdivision or
other legal authority under which the session is being held. In
the closed session, the legislative body may consider only those
matters covered in its statement. In the case of special,
adjourned, and continued meetings, the statement shall be made as
part of the notice provided for - the special, adjourned, or
continued meeting. Nothing in this section shall require or
authorize the giving of names or other information which would
constitute an invasion of privacy or otherwise unnecessarily
divulge the particular facts concerning the closed session.
S 54957.8. Closed sessions: Multijurisdictional Drug
Enforcement Agency
Nothing contained in this chapter shall be construed to prevent
the legislative body of a multi jurisdictional drug law
enforcement agency, or an advisory body of a multi -jurisdictional
drug law enforcement agency, from holding closed sessions to
discuss the case records of any ongoing criminal investigation of
the multijurisdictional drug law enforcement agency or of any
party to the joint powers agreement, to hear testimony from
persons involved in the investigation, and to discuss courses of
action in particular cases.
"Multi jurisdictional drug law enforcement agency," for purposes
of this section, means a -joint powers entity formed.pursuant to
Article 1 (commencing with Section 6500) of Chapter 5 of
Division 7 of Title L, which provides drug law enforcement
services for the parties to the joint powers agreement.
The Legislature finds and declares that this section is within
the public interest, in that its provisions are necessary to
prevent the impairment of ongoing law enforcement
investigations, to protect witnesses and informants and to
permit the discussion of effective courses of action in
particular cases.
S 54957.9. Disruption of meeting; clearing room
In the event that any meeting is willfully interrupted by a
group or groups of persons so as to render the orderly conduct of
such meeting unfeasible and order cannot be restored by the
removal of individuals who are willfully interrupting the
meeting, the members of the legislative body conducting the
�Iowa
GOVERNMENT CODE
S 54957.9.. UQn.tinued)
meeting may order the meeting room cleared and continue in
session. Only matters appearing on the agenda may be considered
in such a session. Representatives of the press or other news
media, except those participating in the disturbance, shall be
allowed to attend any session held pursuant to this section.
Nothing in this section shall prohibit the legislative body from
establishing a procedure for readmitting an individual or
individuals not responsible for willfully disturbing the orderly
conduct of the meeting.
S 54958. Application of chapter
The provisions of this chapter shall apply to the legislativ.G
body of every local agency notwithstanding the conflicting
provisions of any other state law.
S 54959. Violation of chapter: Criminal penalty
Each member of a legislative body who attends a meeting of such
legislative body where action is taken in violation of any
provision of this chapter, with knowledge of the fact that the
meeting is in violation thereof, is guilty of a misdemeanor.
S 54960. Civil action for violation of chapter
Any interested person may commence an action by mandamus,
injunction or declaratory relief for the purpose of stopping or
preventing violations or threatened violations of this chapter by
members of the legislative body of a local agency or to determine
the applicability of this chapter to actions or threatened future
action of the legislative body.
S 54960.1. Actions in violation of law; null and void
(a) Any interested person may commence an action by mandamus or
injunction for the purpose of obtaining a judicial determination
that an action taken by a legislative body of a local agency in
violation of Section 54953, 54954.2, or 54956 is null and void
under this section. Nothing in this chapter shall be construed to
prevent a legislative body from curing 'or correcting an action
challenged pursuant to this. section.
(b) Prior to any action being commenced pursuant to subdivision
(a), the interested person shall make a demand of the legislative
body to cure or correct the action alleged to have been taken in
violation of. Section 54953, 54954.2, or 54956. The demand shall
be in writing and clearly describe the challenged action of the
legislative body and nature of the alleged violation. The
written demand shall be made within 30 days from the date the
action was taken. Within 30 days of receipt of the demand, the
legislative body shall cure or correct the challenged action and
inform the demanding party in writing of its actions to cure or
correct or inform the demanding party in writing of its decision
400 Z.3-..
S 54960.1. (continued)
not to cure or correct the challenged action. If the legislative
body takes no action within the 30-day period, the inaction
shall be deemed a decision not to cure or correct the challenged
action, and the 15-day period to commence the action described in
subdivision (a) shall commence to run the day after the 30-day
period to cure or correct expires. Within 15 days of receipt of
the written notice of the legislative body's decision to cure or
correct, the expiration of the 30-day period to cure or correct,
or not to cure or correct, within 15 days of or within 75 days
from the date the challenged action was taken, whichever is
earlier, the demanding party shall be required to commence the
action pursuant to subdivision (a) or thereafter be barred from
commencing the action.
(c) An action. taken shall not be determined to be null and void
if any of the following conditions exist:
(1) The action taken was in substantial compliance with
Sections 54953, 54954.2, and 54956.
(2) The action taken was in connection with the sale or
issuance of notes, bonds, or other evidences of indebtedness or
any contract, instrument, or agreement thereto.
(3) The action taken gave rise to a contractual obligation,
including a contract led by competitive bid, upon which a party
has, in good faith, detrimentally relied.
(4) The action taken was in connection with the collection of
any tax.
(d) During any action seeking a judicial determination pursuant
to subdivision (a) if the court determines, pursuant to a showing
by the legislative body that an action alleged to have been taken
in violation of Section 54943, 54954.2, or 54956 has been cured
or corrected by a subsequent action of the legislative body, the
action filed pursuant to subdivision (a) shall be dismissed with
prejudice.
(e) The fact that a legislative body takes a subsequent action
to cure or correct an action taken pursuant to this section shall
not be construed or admissible as evidence of a violation of this
chapter.
S 54960.5. Costs and attorney fees
A court may award court costs and reasonable attorney fees to
the plaintiff in an action brought pursuant to Section 54960 or
54960.1 where 'Lt is found that a legislative body of the local
agency has violated this chapter. The costs and fees small be
paid by the local agency and shall not become a personal
liability of any public officer or employee of the local agency.
el.
r
f
GOVERNMENT CODE
S 54960.5. (continued)
A court may award court costs and reasonable attorney fees to a
defendant in any action brought pursuant to Section 54960 or
54960.1 where the defendant has prevailed in a final
determination of such action and the court finds that the action
was clearly frivolous and totally lacking in merit.
S 54961. Discrimination
No local agency shall conduct any meeting, conference, or other
function in any facility that prohibits the admittance of any
person, or persons, on the basis of race, religious creed, color,
national origin, ancestry, or sex. This section shall apply to
every local agency as defined in Section 54951, 54951.1, or
54951.7.
S 54962. Closed sessions: Express authorization required
Except as expressly authorized by this chapter, no closed
session may be held by any legislative body of any local agency.
C.
BROWN ACT
QUESTIONS AND ANSWERS
EXCERPT FROM A PRESENTATION
AT THE
LEAGUE OF CALIFORNIA CITIES CONFERENCE 1989
f
BROWN ACT -- QUESTIONS AND ANSWERS
[All section references are to the Government Code unless otherwise noted.]
Question: Does the open and public meeting requirement apply only to "action
taken" by the council?
Answer: No. The Brown Act applies to all council "deliberations." To
e� liberate is to examine, weigh or reflect upon the reasons for or against the
.choice. Public choices are shaped by reasons of fact, reasons of policy, or
both. Deliberation includes collective discussion and collective acquisition
and exchange of facts preliminary to a decision. See Sacramento Newspaper
Guild v. Board of Supervisors, 263 Cal.App.2d 41.
uestion: Does the requirement that all meetings of a city council be open
and public include a committee composed soley of members of that
same legislative body when the committee consists of less than a
quorum of the council?
Answer: No. The Brown Act does not apply to meetings of a committee com-
posed solely of members of the.city council and consisting of less than a quo-
rum of the council. The reason is that such a committee has no power to act
and that any report or recommendation must be acted upon by the council at an
open meeting when the public will have an opportunity to observe and hear the
deliberations of the council. See Henderson v. Board of Education, 78
Cal.App.3d 895 and Section 54952.3.
Question: 1. If the advisory committee is composed of members of two or more
legislative bodies, as defined by the Brown Act (city council,
planning commission, library board, etc.), and less than a
quorum of each such legislative body is on the advisory
committee, does the public meeting law apply?
2. Would the answer be different if the subcommittees of less than
a quorum of each legislative body simply came together to
discuss mutual problems?
Answer:
1. The Brown Act applies because the advisory committee is not composed
"solely" of members of the,,governing body. The group constituted an
advisory committee and the exception does not apply.
2. When the gathering is, as a matter of fact, a meeting between two
subcommittees, each of which consists of less than a quorum of its parent
body rather than a meeting of a single advisory committee, the exception
does apply and the Brown Act is not applicable. However, when two such
subcommittees meet to act as a "unitary body" rather than simply to exchange
information, the Brown Act will apply. See Joiner v. City of Sebastopol_,
125 Cal.App.3d 799.
—Z6sign
Question: Does the Brown Act apply only to local legislative bodies such as
the city council or board of supervisors?
Answer: No. The Brown Act. applies to all local boards, commissions and
committees with the exception noted above of committees composed solely of
members of the governing body of a local agency which are less than a quorum
of such governing body. All agencies are to be included in some open meeting
law. See Sections 54952, 54952.3 and 54952.5; Torres v. Board of Commis-
sioners, 89 Cal.App.3d 545.
uestion: May a meeting.of the council be held outside the city?
Answer: The Brown Act says "Unless otherwise provided for in the act under
which the local agency was formed, meetings of the legislative body need not
be held within the boundaries of the territory over which the local agency
exercises jurisdiction" (Government Code Section 54954). Charter cities must
look to the charter for an answer. General law cities are bound by Government
Code Section 36808 which provides that "Meetings of the council shall be held
within the corporate limits of the city at a place designated by ordinance."
Question: Is there any other limitation on where council meetings may be
held?
Answer: Yes. No local agency shall conduct any meeting, conference or
other function in any facility that prohibits the admittance of any person on
the basis of race, religious creed, color, national origin, ancestry or sex.
Section 54961.
Question: May the council require persons who attend a public meeting to
register?
Answer: No. A member of the public cannot be required, as a condition of
attendance at a meeting, to register his or her name, complete a questionnaire
or fulfill any other condition precedent to attendance. But, persons who wish
to speak on a matter on the council agenda, may, if permitted to speak, be
required to state their names and whom they represent. Section 54953.3.
Question: May a city require the registration and regulation of local
lobbyists who appear before councils and commissions? '
Answer: Yes. The registration of local governmental lobbyists and
disclosure of such employment by their principals is a valid exercise of the
police power and is not in conflict with any general law. 56 AG 228; Baron v.
City of Los Angeles, 2 Cal. 3d 535.
Z 7--
Question: May a special meeting be called without first giving the 24 hour
notice to all news media required by Section 54956?
Answer: Yes. In an "emergency situation" -- work stoppage or crippling
disaster -- a special meeting may be called by notifying all news media by
telephone one hour prior to the meeting. No closed session may -be held during
such special meeting. Section 54956.5.
Question: When may closed sessions be held?
Answer: Closed sessions may be held:
1. With the Attorney General, district attorney, sheriff, or chief of
police on matters posing a threat to public buildings or the public's right
to access to public services or facilities.
2. During a regular or special meeting to consider the appointment,
employment, evaluation of performance or dismissal of a public "employee"
(not officer) or to hear complaints or -..charges brought against such employee
unless the employee requests a public hearing. "Employees" include city
managers, department heads, city attorney, but do not include other officers
appointed to office by the counci %.',;e.g., board, commission or advisory
committee members or persons to fill:icouncil vacancies or the selection of
the mayor or vice mayor.
Following a San Diego case holdingtat evaluation of performance does ndt
include the right to fix salaries.fo pecific individuals whose performanpe
is being evaluated, San Diego Union City of San Diego, 146 C.A. 3d 94tl
the Legislature amended Section 54957.6 to permit closed sessions to'
consider compensation of "unrepreseq'ted" as well as represented employees
see exception 5 below, thereby restorng a practice approved by the Attorney
General in connection with employee evaluation. Li:
V.
3. With the city attorney to consider:"pending litigation".
Section 54956.9 expressly permi"s a closed session for purposes of
discussing "pending litigation"" and pending litigation covers the
following circumstances.
;
(1) When a proceeding has been rrmally initiated in a court, before an
administrative body, hearinq;.�officer or arbitrator;
(2) When the agency faces "signs icant exposure" to litigation; and
(3) When the agency has decided.or is deciding to initiate litigation.,
The pending litigation section of the Brown Act specifies that a closed
session to discuss "pending litigation"-- may be held in accordance with
certain specified procedures. The legislation requires city attorneys to
prepare memoranda justifying litigation sessions and, by also amending the
Public Records Act, clothes such memoranda with the attorney work -product
privilege until the litigation has 'been finally adjudicated or settled.
Further, the council is obligated to state publicly the Brown Act provision
authorizing the closed session.
An ad hoc committee of City Attorneys prepared guidelines for this pending
litigation exception and property negotiations. See the May 1985 committee
suggestions sent to all City Attorneys.
4. With the council's negotiator concerning the purchase, sale, exchange or
lease of real property.
Government Code Section 54956.8 expressly allows the council to meet in a
closed session regarding negotiations on purchases, sales, exchanges or
leases of real property. Eminent domain proceedings, however, are covered
under the litigation exception. Before going into closed session, the
council must disclose in public session the identity of the property or
properties which the negotiations may concern, as well as .the person or
persons with whom the negotiator may negotiate. (See May, 1985 Guidelines)
5. With the council's designated representative prior to and during
consultations and discussions with representatives of employee organizations
regarding salaries, salary schedules or compensation paid in the form of
fringe benefits to review council policy and parameters.
6. With employee representatives after the intervention of a state labor
conciliator because of the confidentiality of the records of the Department
of Industrial Relations.
7. To consider license application by persons with criminal records.
Question: May a legislative body recess a public hearing briefly to receive
legal advice from its counsel when there is an implied threat in a
matter being presented to the legislative body of a lawsuit against
the public agency?
Answer: There is a public entitlement to the effective aid of legal counsel
in civil litigation. Effective aid is impossible if opportunity for
confidential legal advice is banned. If the public's right to know compelled
admission of an audience, the ringside seats would be occupied by the
government's adversary, delighted to capitalize on every revelation of
weakness. In the face of a threat of a quite specific lawsuit, the governing
body may confer in private with its counsel. See Sutter Sensible Planning,
Inc. v. Board of Supervisors, 122 Cal.App.3d 813.
Question: May a legislative body meet in -closed session to consider the
qualifications of a consortium of three real estate specialists to
assist the legislative body in disposing of surplus property?
Answer: No. The persons so employed would be independent contractors and
not employees within the Brown Act exception which allows a closed session to
consider the employment of employees and appointed administrative officers.
See Rowen v. Santa Clara Unified School District, 121 Cal.App.3d 231.
-2 74000M
Question: May a letter signed by a majority of the members of a city council
requesting delay of an action already ordered by the council
violate the open meeting provisions of the Brown Act?
Answer: Yes. It constitutes the taking of official action in secret even
though the council subsequently met in open session and formally took the same
action. See Common Cause v..Stirling, 119 Cal.App.3d 658.
uestion: Are there any other circumstances when a city council may exclude
the public from a council meeting?
Answer: Yes. When a council meeting is wilfully interrupted and order
cannot be restored by the removal of those persons causing the interruption,
the council may order the meeting room cleared and continue in session.
Members of the press may remain unless they are part of the group causing the
disorder. Section 54957.9.
Question: What is the so-called "personnel exception" to the open meeting
requirement of the Brown Act?
Answer: The Attorney General in interpreting the language authorizing
closed sessions to consider the appointment, evaluation of performance,
employment or dismissal of employees has stated that:
"This office has previously held that 'specific salaries' and job
performance are proper subjects for discussion in executive session under
Section 54957. Thus, in 59 Ops.Cal.Atty.Gen. 5329 533 (1976), this office
concluded that '[t]he governing board of a school district is authorized
by the provisions of Government Code Section 54957 to meet in an executive
session to discuss and to evaluate the performance of its superintendent.'
We noted arguments against such holding, but then stated:
"Nevertheless, this office consistently has advised public agencies that
the purpose in permitting an executive session concerning personnel
matters is to avoid undue publicity and embarrassment to the affected
employee." AG Opinion #79-1110.
This opinion insofar as it relates to specific salaries was overruled by San
Diego Union v. City of San Diego, 1-46 C.A. 3d 947, and the San Diego
decision has in turn been modified by the Legislature's amendment to Section
54957.6 as noted above.
Question: May city councils hold closed sessions to consider complaints
against the mayor, a member of the council or members of boards or
commissions?
Answer: No. City councils may only meet in closed sessions to consider
complaints against "employees" as defined in the Brown Act and this definition
only includes "non -elective positions of city manager, city ,attorney, or a
department head or other similar administrative office. 61 AG 10.
Question: Must the legislative body publicly report at its next public
meeting specific compensation determined at an executive session,
and the roll call vote pursuant to Section 54957.1?
Answer: No. The legislative body need only report action taken to actually
appoint, employ or dismiss a public employee. Compensation, however, is a
matter of public record. Section 6250 and AG Opinion #79-1110.
uestion: Does a hearing officer appointed to determine a grievance
constitute a legislative body under the Brown Act?
Answer: No. An individual who functions by himself cannot be deemed a
"legislative body" within the meaning of the Brown Act. See Wilson v. San
Francisco Municipal Railway, 29 Cal.App.3d 870.
Question: May a city council meet with union representatives in a closed
session?
Answer: No. When a city council chooses to meet and confer with an
employee organization without designating a labor relations representative,
meetings of the council with employee representatives to discuss its position
must be public. 57 AG 209.
uestion: May a council, during an open meeting to consider and make
appointments to advisory commissions, boards, or similar bodies
make such appointments by secret ballot?
Answer: No. It is doubtful that a meeting at which action is taken by
secret ballot can be considered an open and public meeting. The Brown Act
is intolerant of secrecy at any stage of proceedings which are required to be
public. The same conclusion is reached if the council is filling a council
vacancy or making any other employment appointment excluded from consideration
at a closed session. 59 AG 619 - See also 59 AG 266.
Question: May a council, during a closed session with its designated
representative, consider anything other than "salaries, salary
schedules, or compensation paid in the form of fringe benefits"?
Answer: No. Section 54957.6 was not intended as a blanket authorization to
hold closed session on any and all meet and confer topics. The governing
body ---may evaluate performance and consider salaries in relation to such
performance.
3/--
s
Question: Would it be a violation of the open meeting requirements of the
Ralph M. Brown Act for members of a city council to hold a series
of closed discussions with citizens having matters of business
pending before them to gather or convey information regarding those
matters where the discussions are held on successive dates and are
so planned to insure that a quorum of the council will not be
present at any given meeting?
Answer: The Ralph M. Brown Act does not purport to regulate the individual
conduct of individual council members. Nor does it purport to regulate
private conduct. However, "seriatim meetings," i.e., a series of meetings of
less than a quorum which collectively involve a quorum and which a planned by
or held with the collective concurrence of a quorum of the body, constitute a
"meeting" within the purview of the act. 65 AG 63.
Question: May a city council prohibit a tape recording of its open and public
meeting by a news media representative who chooses this method of
making notes of the meeting?
Answer: No. Government Code Section 54953.5 specifically permits attendees
to tape record the meeting, unless the council reasonably finds it would
disrupt the proceedings.
Question: Are minutes of a closed session of a claims settlement committee
exempt from disclosure under Section 54957.2?
Answer: Minutes containing the closed -session deliberations of a claim
settlement committee regarding a tort claim were found not to be exempt from
disclosure under Government Code Section 54957.2 where the closed meeting
itself was a violation of the act. Moreover, the mere presence of the county
counsel at the meeting did not turn deliberations regarding the settlement of
a tort claim into a "confidential" attorney -client communication. The minutes
were therefore not exempt from disclosure under the attorney -client privilege.
Register Divis. of Freedom Newspapers v. County of Orange, (1984) 158 C.A. 3d
893.
uestion: Is a local agency required by law to -permit a radio station (or TV)
to broadcast regular meetings of its governing body?
Answer: No. It is within the discretion of a local governing body to
permit a radio (or TV) station to broadcast its regular meetings. However,
permission to one station to broadcast or televise may require permission 'to
any others making a similar request. 38 AG 52.
Question: Does the Brown Act require agendas of meetings to be posted? Are
there any rules on adding items to agendas?
_3Z-
PART TWO
CONFLICTS OF INTERESTS
LAWS
ISSUE SPOTTER CHECKLIST
An exerpt from
Conflicts of Interests Booklet
prepared by the Civil Division
of the
Office of the California Attorney General
q 4
ISSUE SPOTTER CHECKLIST
W GUIDEPOSTS
Financial Conflicts of Interests Is a state or local official participating in
Political Reform Act a government decision?
Gov. Code, § 87100 et seq.
Does the decision affect an interest in
real property or an investment of $1,000
or more held by the official? Or a
source of income or gifts to the official
of $250 or more?
If so, is there a reasonable possibility that
the decision will significantly affect the
interests involved?
Are the official's interests affected
differently than those of the general
public or a significant segment of the
public?
If the answer to these questions is yes,
the official may have a conflict of
interests and be required to disqualify
himself or herself from all participation
in that decision.
Financial Interest in Contracts Does a member of a board have a direct
Gov. Code, § 1090 et seq. or indirect financial interest in a contract
being made either by the board or by any
agency under the board's jurisdiction?
If so, the contract may be void and any
private gain, received by the official
under the . contract, may have to be
returned.
Has any other state or local officer or
employee participated in the making of
a contract in which the official had a
direct or indirect financial interest?
_ If so, the contract may be void and any
private gain received by the official under
the contract may have to be returned.
Ci)
Appearance of Financial Conflict
of Interests
Common Law
Public Reporting of Financial
Interests
Political Reform Act; Gov.
Code, §§ 87200-87313
Incompatible Activities
Gov. Code, § 1125 et seq. (local officials)
Incompatible Offices
Common Law
Court -made law, based on avoiding actual
impropriety or the appearance of
impropriety in the conduct of government
affairs, may require government officials
to disqualify themselves from participating
in decisions in which there is an
appearance of a financial conflict of
interest.
Is the official a state or local officer or
employer who participates in the making
of government decisions?
If so, the official may be required to file
a public report disclosing investments,
real property, income and gifts.
Is an official using his or her government
position or using government information
or property in an improper manner?
Has the official's agency or appointing
authority adopted an incompatible
activities statement?
If the activity has been prohibited by an
incompatible activity statement, the
official can be ordered to stop the
practice and possibly be disciplined.
Does a single official hold two offices
simultaneously? (For purposes of this
common law doctrine, an employment is
not considered 'to be an office.)
Do the offices overlap in jurisdiction,
such that the official's loyalty would be
divided between the two offices?
If the answers to these questions are yes,
the holding of the two offices may be
incompatible and the first assumed office
may have been forfeited by operation of
law.
(10
A.
DISCUSSION PAPER ON
CONFLICT OF INTEREST AND DISCLOSURE
EXCERPT FROM A PRESENTATION
AT THE
LEAGUE OF CALIFORNIA CITIES CONFERENCE 1989
CONTRACTUAL AND NON -CONTRACTUAL
CONFLICTS OF INTEREST AND FINANCIAL DISCLOSURE
1. GENERAL
A. Purpose
The purpose of conflict of interest laws requires ". . . public officers
to keep themselves in such position that nothing shall tempt them to swerve
from the straight line of official duty. Officers ought not be allowed to
place themselves in a position in which personal interest may come into
conflict with the duty which they owe to the public." Noble v. City of Palo
Alto (1928), 89 C.A. 47, 51-52; Fraser-Yamor Agency v. De Norte County, 68
Cal.App. 3d 201; City of Imperial Beach Y. Bailey, 103 C.A. 3d 191.
B. Bible and Common Law
Long before Watergate became a household word and a symbol of corruption
in business and government, we were aware of the biblical admonition that "No
man can serve two masters." Matthew 6:24, Luke 16:13.
The common law rule mirrors the Bible:
"The general principle is, that no man can faithfully serve two masters,
whose interests are or may be in conflict." San Diego v. San Diego and Los
Angeles Railroad*Co. (1872), 44 C. 106, 113.
C. Attracting Qualified Persons to Public Office v. Conflict of Interests
- Balance
In an excellent article appearing in the Federal Bar Journal for the
summer of 1964 entitled, "The Purity Potlatch," Dean Bayless Manning, in
pointing out that conflict of interest laws tend to escalate without restraint
because of pressure from the "outs" who want "in," said that if you want
public officials to be trustworthy you must trust them. He also stated:
". . . most important, we need -constant reminding that it costs something
to get something. The public has had no idea that each extension of
conflict of interest restrictions is being paid for by exacerbating the
problem of drawing skill and leadership into government service, and that,
as our society is evolving, the situation is growing worse. Men are often
evil or weak, or both. And purity, in politics is a splendid ideal. But
any one ideal pursued singlemindedly will eventually collide with another
equally valid. The art of ethics (and politics) lies in the continual
search for balance points that are for a time within a range of operable
tolerances, as Iseen from the perspectives of diverse ideals that, in
circumstances, clash."
Conceding the fundamental principle that no man can faithfully serve two
masters whose interests are or may be in conflict, it is also a basic
principle of our democratic institutions that we should seek to attract to
public office the best qualified people from all walks of life and that no
person should be excluded from serving the public because of identification
with a particular group, business, industry, profession or association. We
-- 33-
believe that the Political Reform Act of 1974 and other conflict of interest
laws, charters, and ordinances attempt to achieve this balance.
D. Seek City Attorney's Advice
Whether or not a conflict exists generally is a question of fact. If you
believe that there is a possibility of conflict, the odds are that you are
right, and before proceeding you should seek the advice of your city attorney
or your own counsel if the city attorney is not available or you may also call
the Fair Political Practices Commission (916) 322-5901. The California
Supreme Court has said:
. the powers of municipal officers are well defined. Their modes of
procedure in all matters of expenditure are pointed out with
particularity. They are given by law a legal adviser, and if no, are
fully empowered to employ one. There is no occasion whatsoever for their
taking any step without such advice." Osborn v. Stone (1915), 170 C.
480, 484.
II. STATUTES (including charters and ordinances)
A. Contractual Interests
1. Charters and Local Ordinance -- Code of Ethics
Some charters and ordinances are more restrictive than state
statutes. If you are from a charter city, you must be aware of the provisions
of your charter and local ordinances as well as state law. If you are from a
general law city, you should be familiar with any local conflict of interest
ordinance and code of ethics as well as state statutes.
2. Strict Enforcement
Conflict of interest laws are liberally construed by the courts to
accomplish their purposes and are strictly enforced by such courts. These
laws may be violated by all members of a governing body who have knowledge of
an unlawful interest and who fail to refrain from voting to award a contract
in which a member is interested. People v. Darby (1952), 114 C.A. 2d 412,
427.
3. Contracts, Sales and Purchases
The basic prohibition is contained in Section 1090 of the Government
Code.which provides in part:
". city officers or 'employees' shall not be financially
interested in any contract made by them in their official capacity, or
by any body or board of which they are members. Nor shall . . . city
officers or employees be purchasers at any sale or vendors at any
purchase made by them in their official capacity."
a. Direct Interest. In other words, a public officer always is
prohibited from dea ing directly with his or her public agency in his or her
private capacity and any contract, sale or purchase is void if there is a
direct interest. The single exception is the rare case where necessity may
compel such a contract or purchase. Brenkwitz v. Santa Cruz (1969), 272 C.A.
no* 30_
2d 812. It is strongly recommended that in such case the facts be disclosed
on the record and if it is possible to do, that the official refrain from
voting. Where there is a direct interest, disqualification and refraining
from voting will not save the contract or make the payment of public funds
valid because the contract, express or implied, is void from its inception.
b. Financial Interest. There must be some financial or pecuniary
interest and blood relationship, for example, by itself would not be an
obstacle to such a contract. Nielson v. Richards (1925), 75 C.A. 680; Mood.
v. Shuffleton (1928), 203 C. 100. Prior to the inclusion of the word
financial in Section 1090 of the Government Code in 1963, it was held that the
disqualifying interest need not be a financial one. Miller v. Martinez
(1938), 28 C.A. 364. While there is language in other cases that appears to
hold that any conflicting personal interest, financial or otherwise, is
contrary to public policy, there has been a significant financial interest in
each of the decisions which so state. People v. Watson (1971), 15 C.A. 3d 28.
However, blood relationship is often included as a disqualifying interest in a.
Code of Ethics.
The finding by a mayor and council that an actual or implied
conflict of interest existed where a wife served on the Planning Commission
and her husband was a council member was eminently rational, practical and
legally sound. The council with review power over all commission decisions
could find either actual bias, conflict of interest, or the appearance thereof
and her dismissal was valid. Kimura v. Roberts, 89 Cal.App. 3d 871.
c. Bidding. The fact that a contract is let to bid is
immaterial, just as is the fact that a contract is fair or even advantageous
to the city. Stockton Plumbing and Supply Co. V. Wheeler (1924)0 68 C.A. 952.
d. Participation in Making or Award of Contract. While the
prohibitory language of Section 1090 refers to contracts made' by officers in
their official capacity, the Supreme Court has made it clear that
participation in any preliminary activities, discussions or planning leading
up to the actual execution of the contract will render the contract void even
if the official resigns from office prior to the execution of the contract.
Stigall v. Taft (1962), 58 C.2d 565; Millbrae Association v. City of Millbrae,
262 Cal.App. 222; CityCouncil v. McKinley, 80 Cal. pp. 3 204. If t e
interest of the official is not acknowledged, however, until after the
contract is executed and there is no previous arrangement or agreement, there
is no conflict. Escondido Lumber Co. v. Baldwin (1906)9 2 C.A. 606. The
exercise of an option to renew a lease concession was the making of a
contract. City of Imperial Beach v. Bailey, 103 Cal.App. 3d 191.
Where the contract is entered into by the body or board of which
the officer is a member, the element of participation is present by the mere
fact of such membership irrespective of whether the officer personally
abstains from engaging in any of the embodiments resulting in the making of
the contract. Fraser-Yamor Agency Inc. v. County of Del Norte, 68 Cal.App. 3d
201.
e. Sale or Purchase. The sale or purchase of public property by
or from a public agency to or by an officer of that agency who neither buys
nor sells in his or her official capacity is not prohibited by Section 1090,
which the court stated was a sufficient expression of - public policy that
should not be extended by the courts. Title Guarantee and Trust Co. v. Woody
3r—
(1944)9 63 C.A. 2d 209. See also People v. Drinkhouse (1970), 4 C.A. 3d 931.
However, the Attorney General in Opinion #79-908, Jan. 10, 1980, states:
"The officers, employees and elected officials of a county may not bid on
surplus county property at a public auction conducted by the county if in
their official capacity they participated in or influenced the official
determinations involved in the sale of such property, or if in purchasing
such property, the county officer or employee has placed himself in a
position where he might be tempted to disregard his duty to act in the
best interest of the public in favor of his own private interests."
The opinion fails to discuss or cite the Woody decision.
4. Recent Case Law
Any doubts concerning the continuing viability of Government Code
Section 1090 were eliminated by the California Supreme Court in
Thomson v. Call, 38 C3d 633 (1985). In Call, a member of the Albany
City Council sold a piece of property to a developer for $258,000.00.
The developer, in a complicated transaction, gave the property to the
City of Albany for park purposes.
The council member abstained from voting on the transfer from the
developer to the City and disclosed his interest in the transaction.
The Supreme Court.indicated that the council member had not "committed
fraud, actual or constructive, or . . . conspired to violate Section
1090." In fact, the council member had relied on the advice of the
City Attorney prior to taking many of his actions. Nevertheless, the
Supreme Court found the contract void. The councilman was required to
return the $258,000.00 he had received from the developer, and the
City was permitted to retain the property.
The harsh result reached in this case should serve as a strong
reminder of the viability of Section 1090. The case illustrates that,
except in a few limited circumstances listed in Section 1091,
abstention does not avoid a violation of Section 1090. If the public
official is financially interested in the contract, the contract is
void, the city keeps what it received and gets back the money it gave
the council member, even if the official fully disclosed and abstained
from voting. This is sometimes difficult to remember, because
abstention is permitted under, the Political Reform Act.
5. Remote Interests Specified - Procedure
a. General. Section 1091 of the Government Code provides that:
"(a) An officer shall not be deemed to be interested in a contract
entered into by a body or board of which he is a member within the
meaning of this article if he has only a 'remote interest' in the
contract and if the fact of such interest is disclosed to the body
or board of which he is a member and noted in its official
records, and thereafter the body or board authorizes, approves, or
ratifies the contract in good faith by a vote of its membership
sufficient for the purpose without counting the vote or votes of
the officer or member with the remote interest."
Several essential elements should be noted in the opening paragraph of
Section 1091. While a remote interest" disqualifies the officer from
participation in the matter, the contract is valid provided the disqualifying
interest is disclosed, spread on the record, and the officer refrains from
voting. Paragraph (c) of Section 1091 also prohibits the officer who is
remotely interested in such a contract from influencing or attempting to
influence any other member of the body or board in connection with the
contract. Paragraph (d) of Section 1091 makes willful failure to disclose
such interest a felony.
b. Remote Interests Which Disqualify. The following are remote
interests, as escri a in Section 1091(b), which disqualify an officer from
participating in the award of a contract but which permit the public agency to
contract notwithstanding the connection between the public officer and the
third party who is contracting with the city. "(b) 'remote interest'
means:
(1) "That of an officer or employee of a nonprofit corporation except
as provided in paragraph (8) of subdivision (a) of section 1091.5," (An
example is a council appropriation to the chamber of commerce or local civic
group for music or promotion purposes where a member of the council is an
officer of the chamber of commerce or civic group.)
(2) "that of an employee or agent of the contracting the party, if
a that
contracting party has 10 or more other employees and r
employee or agent of that contracting party for at least three years prior to
his initially accepting his or her office . . p(The statute also provides
for a change in the form of business organization. This remote interest was
added to the statute to permit a valid contract where surrounding
circumstances suggest that disqualification will satisfy public policy.) For
a good discussion of this subdivision and subdivision (b)(8), see Fraser-Yamor
v. Del Norte, 68 Cal.App. 3d 201.
(3) "That of an employee or agent of the contracting party if all of
the following conditions are met;" (conditions include being a local agency
not in Los Angeles County; that the contract is competitively bid, not for
personal services and awarded to the lowest responsible bidder; that the
contracting party has 11 or more employees, and the employee is not in a
primaky management capacity; and that the employee did not directly
participate in formulating the bid);
(4) "That of a parent in the earnings of his minor child for personal
services;" (An example is a dependent child who takes part in a
municipally -sponsored summer youth employment program.)
(5) "that of a landlord or tenant of the contracting party;" (While
the facts in People .v. Darby (1952)9 114 C.A. 2d 4129 involve a
landlord -tenant relationship, it is equally clear that the facts disclose much
more than a mere landlord -tenant relationship.)
(6) "That of an attorney of the contracting party or that of an owner,
officer, employee, or agent of a firm which renders, or has rendered, service
to the contracting party in the capacity of stockbroker, insurance agent,
insurance broker, real estate agent, or real estate broker, if these
individuals have not received and will not receive remuneration,
consideration, or a commission as a result of the contract. (In People v.
_37-
Elliott (1953), 115 C.A.2d 410, a member of the school board was the attorney
for the contracting party. See also, Oakland v. California Construction Co.
(1940), 15 C. 2d 573. If the only relationship is that of attorney for the
contracting party, the contract should be valid so long as the attorney
discloses the interest, the disclosure is noted on the record, the attorney
neither votes nor attempts to influence the vote of any other member of the
council.)
"If a city enters into an employment contract whereby it hires a city
attorney, a city administrator, a redevelopment agency counsel, a
redevelopment agency consultant and a redevelopment financial officer and
compensates them with a percentage of the increase in assessed value of
parcels of property within the city's boundaries, official involvement of such
persons in contracts which may increase the assessed value of such parcels
would violate Section 1090. 66 Ops. Atty.Gen. 376, 10-19-83."
(7) "That of a member of a nonprofit corporation formed under the Food
and Agricultural Code or a nonprofit corporation formed under the Corporations
Code for the sole purpose of engaging in the merchandising of agricultural
products or the supplying of water."
(8) "That of a supplier of goods or services when such goods or
services had been supplied to the contracting party by the officer for at
least five years prior to his election or appointment to office." (An example
is a garage owner who repaired privately owned garbage trucks for a number of
years before becoming a member of the council and the council subsequently had
to renew the garbage franchise.)
(9) "that of a person subject to the provisions of Section 1090 in any
c:nntract or agreement entered into pursuant to the provisions of the
California Land Act of 1965." (This relates to the Williamson Act and the
need for keeping agricultural lands in agricultural production.)
(10) "That of an officer, director, or employee of a bank, bank
holding company, or savings and loan association with which a party to the
contract has the relationship of borrower or depositor, debtor or creditor."
(The courts have indicated that merely being the creditor of a contracting
party is not in itself sufficient to void a contract and the foregoing is a
statutory statement of this principle noted in Moody v. Shuffleton (1928), 203
C. 100. However, see also People v. Watson (1971), 15 C.A.3d 28, where there
was much more than the debtor -creditor relationship.)
(11) "That of an engineer, geologist, or architect employed by a
consulting engineering or architectural firm. This paragraph applies only to
an employee of a consulting firm who does not serve in a primary management
capacity, and does not apply to an officer or director of a consulting firm."
(12) "That of an elected officer otherwise subject to Section 1090, in
any housing assistance payment contract entered into pursuant to Section 8 of
the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f) as amended
provided that the housing assistance payment contract was in existence before
Section 1090 became applicable to the officer and will be renewed or extended
only as to the existing tenant, or, in a jurisdiction in which the rental
vacancy rate is less than 5 percent as to new tenants in a unit previously
under -a Section 8 contract. This section applies to any person who became a
public official on or after November 1, 1986.
5. Subdivision of an Official's Land
The prohibition against an interest in contracts does not apply to an
officer who is a member of any board or commission when subdividing lands
owned by the officer or in which he or she has an interest. However, as in
the remote interest situations, the officer must fully disclose the nature of
his or her interest and must refrain from voting or becoming involved in any
way in his or her official capacity with the subdividing of such land. See
Section 1091.1 of the Government Code.
6. Private Industry Councils
A new provision was added in 1985 to exclude application of Section
1090 to contracts or grants made by private industry councils (15030)
Unemployment Insurance Code) unless both of the following conditions are met:
"(a) The contract or grant directly bears on services to be provided
by any member of a private industry council or any business or organization
which the member directly represents, or the contract or grant would
financially benefit the member or business or organization which the member
represents.
(b) The affected private industry council member fails to comply with
Section 87100." (This section is numbered 1091.2).
7. Insignificant or Nominal - May or May Not Disqualify
Under certain circumstances a contract is valid, no disclosure need be
made and an officer may participate in the decision making process in
connection with such contract, sale or purchase if he or she has what amounts
to an insignificant or nominal interest. Section 1091.5 of the Government
Code specifies these minimal and nonconflicting interests as follows:
"(a) An officer or employee shall not be deemed to be interested in a
contract if his interest is:
(1) The ownership of less than 3% of the shares of a corporation
for profit, provided the total annual income to him from dividends,
including the value of stock dividends, from the corporation does not
exceed 5% of this total annual income, and any other payments made to him
by the corporation do not exceed 5% of his total annual income. (As will
be discussed later, this could be a disqualifying interest under the
Politics Reform Act of 1974.)
(2) that of an officer in being reimbursed for his actual and
necessary expenses incurred in the performance of official duty.
(3) That of a recipient of public services generally provided by
the public body or board of which he is a member, on the same terms and
conditions as if he were not a member of the board.
(4) That of a landlord or tenant of the contracting party if such
contracting party is the federal government or any federal department or
agency, this state or an adjoining state, any department or agency of this
state or -an adjoining state, any county or city of this state or an adjoining
state, or any public corporation or special, judicial, or —other public
district of this state or an adjoining state unless the subject matter of such
contract is the property in which such officer or employee has such interest
as landlord or tenant in which event his interest shall be deemed a remote
interest within the meaning and subject to the provisions of Section 1091.
(5) That of a tenant in a public housing authority created
pursuant to Part 2 (commencing with Section 34200) of Division 24 of the
Health and Safety Code in which he serves as a. member of the board of
commissioners of the authority or of a community development commission
created pursuant to Part 1.7 (commencing with Section 34100) of Division 24 of
the Health and Safety Code.
(6) That of a spouse of an officer or employee of a public agency
in his spouse's employment of officeholding if his spouse's employment or
ofFiceholding has existed for at least one year prior to his election or
appointment.
(7) That of a nonsalaried member of a nonprofit corporation,
provided that such interest is disclosed to the body or board at the time of
the first consideration of the contract, and provided further that such
interest is noted in its official records.
(8) That of a noncompensated officer of a nonprofit, tax-exempt
corporation, which, as one of its primary purposes, supports the functions of
the body or board or to which the body or board has a legal obligation to give
particular consideration (such interest must be noted in official records and
does not include reimbursement for expenses).
(b) An officer or employee shall not be deemed to be interested in a
contract made pursuant to competitive bidding under a procedure established by
law if his sole interest is that of an officer, director, or employee of a
bank or savings and loan association with which a party to the contract has
the relationship of borrower or depositor, debtor or creditor.
8. Penalty
The penalty for violation of contractual conflict of interest statutes
is extremely severe. An official who willfully violates these laws may be
fined up to $1,000, imprisoned in a state prison for up to 5 years and is
forever disqualified from holding office in California. People v. Deysher
(1934), 2 C. 2d 141; People v. Darby (1952), 114 C.A. 2d 412.
9. Sale of Securities
Sections 1100-1102 of the Government Code provide that an officer
shall not be deemed interested in a contract for the sale of public securities
when they are sold after notice and at public sale to the highest bidder.
Again, while there is no requirement for disclosure and no prohibition against
participation, it would appear that the officer should disclose and should
disqualify himself if required by the provisions of the Political Reform Act
of 1974.
_3/o 400
10. Government Code Section 1126 provides: Inconsistent
Incompatible or Conflicting Employment, Activit or Enterprise by Local A enc
Officer or Employee.
"(a) Except as provided in Sections 1128 and 1129, a local agency
officer or employee shall not engage in any employment, activity, or
enterprise for compensation which is inconsistent, incompatible, in conflict
with, or inimical to his or her duties as a local agency officer or employee
or with the duties, functions, or responsibilities of his or her appointing
power or the agency by which he or she is employed. Such officer or employee
shall not perform any work service, or counsel for compensation outside of
his or her local agency employment where any part of his or her efforts will
be subject to approval by any other officer, employee, board, or commission of
his or her employing body, unless otherwise approved in the manner prescribed
by subdivision (b).
(b) Each appointing power may determine, subject to approval of the
local agency, and consistent with the provisions of Section 1128 where
applicable, those outside activities which, for employees under its
jurisdiction, are inconsistent with, incompatible to, or in conflict with
their duties as local agency officers or employees. An employee's outside
employment activitygor enterprise may be prohibited if it: (1) involves the
use for private gain or advantage of hit or her local agency time, facilities,
equipment and supplies; or the badge, uniform, prestige, or influence of his
or her local agency office or employment or, (2) involves receipt or
acceptance by the officer or employee of any money or other consideration from
anyone other than his or her local agency for the performance of an act which
the officer or employee, if not performing such act, would be required or
expected to render in the regular course or hours of his or her local agency
employment or as a part of his or her duties as a local agency officer or
employee or, (3) involves the performance of an act in other than his or her
capacity as a local agency officer or employee which act may later be subject
directly or indirectly to the control, inspection, review, audit, or
enforcement of any other officer or employee or the agency by which he or she
isemployed, or (4) involves such time demands as would render performance of
his or her duties as a local agency officer or employee less efficient.
The local agency may adopt rules governing the application of this
section. Such rules shall include provision for notice to employees of the
determination of prohibited activities, of,disciplinary action to be taken
against employees for engaging in prohibited activities, and for appeal by
employees from such a determination and for its application to an employee."
Government Code Section 1127.
Intent.
"It is not the intent of this article to prevent the employment by
private business of a public employee, such as a peace officer, fireman,
forestry service employee, among other public employees, who is off duty to do
work related to and compatible with his regular employment, or past
employment provided the person or persons to be employed have the approval of
their agency supervisor and are certified as qualified by the appropriate
agency.
In.- establishing the special district augmentation ("bailout") fund
distribution scheme of Revenue and Tax Code, Section 98.6, subd. (b), pursuant
to which a county board of supervisors is mandated to distribute augmentation
_ 1// salm
funds among all special districts within the county, including those created
and to some extent governed by the board itself, the Legislature intended to
abrogate the common law conflict of interest doctrine. Hence, public policy
was not offended by any conflict of interest arising from the exercise by a
county board of supervisors of its functions both to allocate augmentation
funds to a special fire protection district within the county governed by its
own commissioners and to allocate augmentation funds to the county fire
department, which was governed either directly or indirectly by the board
pursuant to Government Code Section 25210.50." American Canyon Fire
Protection Dist. v. Napa County (1983), 141 Cal.App. 3d 100.
Government Code Section 1128.
Boards, etc.
Agency Employed Attorneys; Service on
"Service on an appointed or elected governmental board, commission,
committee, or other body by an attorney employed by a local agency in a
nonelective position shall not, by itself, be deemed to be inconsistent,
incompatible, in conflict with, or inimical to the duties of the attorney as
an officer or employee of the local agency and shall not result in the
automatic vacation of either such office."
11. Willful or Corrupt Misconduct.
Several of the cases heretofore cited have been decided on the grounds
that the acts involved were.contrary to long established public policy. The
Darby and Elliott cases and -another decided at about the same time (People v.
Becker) (1952 112 C.A. 2d 324) involved school board members. Some of these
eeci—sions also involved the bringing of an accusation under Sections 3060 and
3074 of the Government Code which provide:
"3060. An accusation in writing against any officer of a city.. . .
for willful or corrupt misconduct in office, may be presented by the
grand jury of the county for or in which the officer accused is
elected or appointed. An accusation may not be presented without the
concurrence of at least 12 grand jurors."
"3074. Any officer subject to removal pursuant to this article may be
removed from office for willful or corrupt misconduct in office
occurring at any time within the six years immediately preceding the
presentation of an accusation by the grand jury."
(Note: There are many other conflict statutes included in various
codes.) -
12. Miscellaneous Statutes.
There are a number of other statutes with which city officials should
be familiar because they relate to other conflicts council members may have
because of their official position and the effect of their decisions on their
personal financial interests.
a. Redevelopment Agency. Whether you serve as a member of the
council or as a member of a redevelopment agency, or serve in both positions,
if you are required to participate in the formulation of or to approve plans
or policies for the redevelopment of a project area, you may not acquire an
interest in any property included within the project area. If you already
V2ULW
have an interest in property in the area, written disclosure is required to be
entered in the minutes of the agency and the council. Failure to disclose
constitutes misconduct in office. An officer who has owned an interest in the
project area for three years prior to its selection may participate as an
owner. After completion of public improvements, an officer may acquire
property in the area for personal residential use. If property is owned by an
officer in the area, it may only be acquired by a public agency through
eminent domain proceedings. See Sections 33130, 33130.5 and 33393 of the
Health and Safety Code. Section 61 AG 243.
b. Housing Authorities. Housing commissioners also are prohibited
from acquiring direct or indirect interests in housing projects or property
planned for such projects. Prior ownership shall be disclosed in writing and
failure to disclose constitutes misconduct in office. However, tenants of an
authority may even after disclosure, exercise the full powers vested in the
office including voting. See Section 34281 of the Health and Safety Code.
c. Public Deposits. A member of the city council or other public_
officer of a city who is also an officer, employee or stockholder of a bank is "
not deemed interested in any contract involving the deposit of public funds or
securities if his sole interest is the fact that he is an officer or employee
or stockholder of the depository. Under such circumstances, he has only a
remote interest, but as provided in Section 1091(a) of the Government Code, he
must disclose, disclosure must be noted in the minutes and he may not vote or
attempt to persuade or influence other members of the council. See Section
860 of the Financial Code.
13. Summary--- Contractual Conflicts
"However devious and winding the trail may be which connects the
officer with the forbidden contract, if it can be followed and the
connection made, a conflict of interest is established . . . The word
'financially interested' as used in Section 1090 of the Government
Code means any financial interest which might interfere with a city
officer's unqualified devotion to his public duty. The interest may
be direct or indirect and includes any monetary or proprietary
benefits, or gain of any sort, or the contingent possibility of
monetary or proprietary benefits. The interest is direct when the
city officer, in his official capacity, does business with himself in
his private capacity. The interest is indirect when the city officer,
or board of which he is a member, enters into a contract in his or its
official capacity with an individual or business firm, which
individual or business firm, by reason of a city officer's
relationship to the individual or business firm at the time the
contract is entered into, is in a position to render actual or
potential pecuniary benefits directly or indirectly to the city,
officer based on the contract the individual business firm has
received." People v. Darby_ (1952), 114 C.A. 3d 28, 37
B. Non -Contractual Interests
1. General
The Political Reform Act of 1974 (hereafter "Act"), an initiative
measure, repealed the conflict and disclosure law enacted in 1969 which the
California Supreme Court held to be unconstitutional in its entirety in C
- 813-
of Carmel v. Young (1970), 2 C. 3d 259. The Moscone Governmental Conflict of
Interests and Disclosure Act (Chapter 1166, Statutes of 1973, as amended by
Chapter 48, Statutes of -1974) also repealed the 1969 legislation and in
addition repealed Section 1120 of the Government Code which, as originally
enacted, was simply a codification of the common law rule relating to
non -contractual conflicts of interest. Section 1120 required members of city
councils, boards and commissions to disclose any direct personal financial
interest in any non -contractual matter coming before such council, board or
commission. Any member who knowingly failed to disclose would be guilty of
misconduct in office. The Moscone Act was narrowly drawn to avoid the
limitations expressed in the Carmel case and the Moscone Act itself was
subsequently amended to more clearly express its intent and, as amended, was
approved by the California Supreme Court in County of Nevada v. MacMillen
(1974), 11 C. 3d 662. The Nevada County case was handed own by the court
.shortly after the voters overwhelmingly approved the Political Reform Act of
1974. The provisions of the Moscone Act have been repealed. See Chapter 160,
Statutes of 1981 (former Government Code Sections 3600 and 3802).
The Act takes precedence over Section 1090 et seq.. However, if a particular'
contractual transaction is not prohibited by the Act, it may still be
prohibited by Sections 1090 et seq. (59 AG 604).
2. Political Reform Act of 1974
Hereafter all references will be, unless otherwise noted, to the
Political Reform Act of 1974. The Act is contained in Sections 81000 et seq.
of the Government Code. The general validity of the Act has been sustained.
See FPPC v. Superior Court, 25 Cal. 3d 33. Its objective is to promote
impartial and ethical conduct of public affairs. Its purpose is to preclude a
government official from participating in decisions where it appears he or she
may not be totally objective because the outcome will likely benefit a
corporation or individual by whom the official is also employed.
Witt v. Morrow, 70 Cal.App. 3d 817. In this case Morrow was a member
of the council —which also acted as the Redevelopment Agency and he was
precluded from voting on a redevelopment project which was adjacent to
property acquired by a nonprofit corporation for which he acted as President
and attorney and from which he received $500 monthly.
3. General Prohibition
The basic conflict prohibitions of the Act are found in Sections
87100-87103 which provide:
"87100. Public officials; state and local; financial interest. No
public official at any level of state or local government shall make,
participate in making or in any way attempt to use his official
position to influence a governmental decision in which he knows or has
reason to know he has a financial interest."
"87101. Participation in legal governmental action or decision.
Section 87100 does not prevent any public official from making or
participating in the making of a governmental decision to the extent
his participation is legally required for the action or decision to be
made. The fact that an official's vote is needed to break a tie does
not make his participation legally required for purposes of this
section.
"87103.1 Financial interest in decision b official. An official has
a financial interest in a decision within the meaning of Section 87100
if it is reasonably foreseeable that the decision will have a material
financial 2effect, distinguishable from its effect on the public
generally, on the official or a member of his or her immediate family
or on:
(a) Any business entity in which the public official has a direct
or indirect investment worth one thousand dollars ($1,000) or more.
(b) Any real property in which the public official has a direct or
indirect interest worth one thousand dollars ($1,000) or more.
(c) Any source of income, other than gifts and other loans by a
commercial lending institution in the regular course of business on
terms available to the public without regard to official status,
aggregating two hundred fifty dollars ($250) or more in value provided
to, received by or promised to the public official within 12 months
prior to the time when the decision is made.
(d) Any business entity in which the public official is a
director, officer, partner, trustee, employee, or holds any position
of management.
(e) Any donor of, or any intermediary or agent for a donor of, a
gift or gifts aggregating two hundred fifty dollars ($250) or more in
value provided to, received by, or promised to the public official
within 12 months prior to the time when the decision is made.
1 For a discussion of Sections 1090, 1091.5, 87100 & 87103, see 61 AG 243.
The factual situation involves members of the city council who are also
bank officers, directors and/or shareholders and a sale or lease of
property to the bank by the redevelopment agency. Unless the council
members own less than 3% of the stock of the bank and receive less than 5%
of their income from bank dividends or other bank income, the sale or
lease contracts would be void even if they don't participate. If they own
less and the income is less, then they may participate to make a quorum
but cannot vote if only necessary to break a tie.
2 The FPPC Regulation 18703 (2 Cal.Admin. Code 18703) defining "public
generally" was sustained in Consumers Union v. California Milk Producers
Advisory Board, 82 Cal.App. 3d 433. The decision contains an excel ent
review of the Legislature's efforts to adopt a strong conflict of interest
law (Unruh & Moscone Acts) and the court decisions pertaining to those two
laws.
For purposes of this section, indirect investment or interest means any
investment or interest owned by the spouse or dependent child of a public
official, by an agent on behalf of a public official, or by a business
entity or trust in which the official, the official's agents, spouse, and
dependent children own directly, indirectly, or beneficially a 10-percent
interest or greater."
"87103.5. Retail customer of business entity doing retail business.
Notwithstanding subdivision (c) of Section 87103, a retail customer of
a business entity engaged in retail sales of goods or services to the
public generally is not a source of income to an official who owns a
10-percent or greater interest in the entity if the retail customers
of the business entity constitute a significant segment of the public
generally, and the amount of income received by the business entity
from the customer is not distinguishable from the amount of income
received from its other retail customers."
4. Essential Elements - Regulations and Definitions
The Fair Political Practices Commission in 1 FPPC Opinions 198, 202
(1975). in analyzing the conflict prohibition said:
"Under the foregoing sections, several elements must be present before
a public official is required to disqualify himself from participation
in a governmental.decision. First, it must be reasonably foreseeable
that the governmental decision will have a financial effect. Second,
the anticipated financial effect must be on a financial interest of
the official, as defined in Sections 87103(a) through (d). Third, the
anticipated financial effect must be material. And Fourth, the
governmental decision's anticipated financial effect on the official's
financial interest must be distinguishable from its effect on the
public generally."
In attempting to assist local officials to determine whether a
disqualifying conflict is present, the Commission has adopted several
regulations defining the key phrases and elements of the prohibitory language.
See, 2 Cal.Adm. Code Sections 18700-18704.
It is clear that members of city councils are public officials. A
council member makes a governmental decision when he or she votes on a matter,
appoints a person, obligates the city to a course of action, enters into a
contractual agreement on behalf of the city or determines not to take any of
the foregoing actions unless the latter determination is because of his or her
conflicting financial interest. A member of the council participates in the
making of a governmental decision by negotiating with any person regarding the
decision, conducting research or preparing a report for the purpose of
attempting to influence a governmental decision, participating in debates or
advising the decision -maker.
A public official is not legally required to make a decision unless no
alternative source of decision exists. When there is no alternative and
breaking a tie does not create legal necessity, the official must disclose the
existence of the financial interest, describe it, state the reason there is no
alternative, participate only to the extent necessary and may not in any way
attempt --to influence other public officials in connection with such decision.
Although the Commission has furnished guidelines to assist in
determining when the effect of a governmental decision on a financial interest
of a public official is material (Section 18702(b)), the basic rule is stated
in Regulation Section 18702(a):
"18702. (a) The financial effect of a governmental decision on a
financial interest of a public official is material if, at the time
the official makes, participates in making or attempts to use his or
her official position to influence the making of the decision, in
light of all the circumstances and facts known at the time of the
decision, the official knows or has reason to know that the existence
of the financial interest might interfere with the official's
performance of his or her duties in an impartial manner free from
bias."
A material financial effect of a government decision on a private
interest is distinguishable from its effect on the public generally unless the
decision will affect the official's interest in substantially the same manner
as it will affect all members of the public or a significant segment of the
public. Except as provided in Section 18703 an industry, trade or profession
does not constitute a significant segment of the general public. An industry,
tr-l.de or profession may constitute a significant segment of the public
generally if it is a predominant industry, trade or profession in the
official's jurisdiction.
5. Conflict Opinions
The Fair Political Practices Commission has issued many opinions
interpreting generally the conflict of interest prohibitions contained in the
Act. They are available from the. Commission and can be found in most. large
law libraries.
a. In 1 FPPC Opinions 54 (1975), a mayor of a city owned a
substantial number of shares in a utility and a future interest in a trust
established by his deceased mother. The utility and a subsidiary were engaged
in development within the jurisdiction of the city. The conclusions reached
by the Commission were as follows:
"(1) If the mayor votes on. gas and electric company matters, then a
conflict of interest would exist due to his ownership of shares of
common stock.
"(2) The sale of the securities would remove the potential for a
conflict of interest, but it' is not necessary to sell the stock.
Disqualification for the matter is sufficient.
"(3) It is necessary for the mayor to include in his financial
disclosure statement his interest in a trust in which he has a vested
future interest.
"(4) The disclosure must reflect the individual investments of the
trust's portfolio.
---"(5) If the mayor votes on matters relating to the proposed industrial
park -refinery -development by the wholly -owned subsidiary -or other gas
and electric company matters, a conflict of interest will exist.
e17--
"(6) The mayor is prohibited from chairing meetings during city
council consideration of these matters."
b. In 1 FPPC Opinions 71 (1975). the Commission considered a factual
situation involving a council member who was also a member of the
redevelopment agency and a real estate broker engaged in business in the
project area. The city council constituted itself as the redevelopment agency
and the council member owned three parcels of property in the project area,
including the property on which his office was located. The FPPC in
concluding that there was a conflict and that the council member would be
disqualified from participating in the decision to adopt the redevelopment
plan stated:
"We believe that the ownership of several lots in and around the
redevelopment area for business or investment purposes and the real estate
brokerage each raise significant questions under the Political Reform Act,
and the cumulative effects on both types of economic interests which are
reasonably foreseeable are sufficient under the circumstances present here-
to require disqualification under Section 87100."
However, the Attorney General has said:
"It is not a conflict of interest for a county supervisor, who is also a
real estate broker, to represent a buyer or a seller in a land transaction
which is contingent upon county approval such as the issuance of building
or use permits, or rezoning of the property. 64 Ops. Atty. 795"
c. One of the Commission's most difficult opinions involved directors of
a municipal water district. In an effort to slow urban growth, the water
district adopted a moratorium on new water connections and existing permits
were grandfathered with time limits established for exercising the rights
granted by the permit. The decisions confronting the directors involved
lifting the moratorium, granting new water connections and requests for
extension of deadlines for grandfathered or otherwise exempt connection
permits. One of the directors was the ready -mix concrete and building
material business, sold major appliances to builder -jobbers, sold heating, air
conditioning and sheet metal products and fuels for heating and road purposes.
His gross sales amounted to about $10 million annually and he had in excess of
20% of the business within his jurisdiction. On the basis of the facts
presented, the Commission concluded:
"(1) Directors of a municipal water district holding significant
interests in business entities which may be affected by the district's
decisions on requests for variances from a moratorium on new water
connections may not participate in the decisions on those requests
when the decisions will have a reasonably foreseeable material
financial effect on the business entities in which the directors hold
significant interests.
"(2) Directors of a municipal water district who have significant
interests in business entities which may be affected by a decision
lifting a moratorium on new water connections may not participate in
discussions of the board or directors on the feasibility of lifting
the moratorium, nor vote on the lifting of the moratorium, when the
decision to lift the moratorium will have a reasonably foreseeable
material financial effect, distinguishable from the effect on the
WOW 4/gmow
r
public generally, on the business entities in which the directors hold
significant interests." See 1 FPPC 198, 201.
d. Another FPPC opinion (NO 75-159; April 8, 1976) involving conflicts
of interest related to a standard form agreement for architectural services,
was submitted to the Commission by the County of Sonoma. The Act in defining
public official in Section 82048 of the Government Code provides that it means
every member, officer, employee or consultant of a state or local government
agency. The Commission in defining "consultant" excluded any person who:
"(1) Conducts research and arrives at conclusions with respect to his
or her rendition of information, advice, recommendation or counsel
independent of the control and director of the agency or of any agency
official, other than normal contract monitoring; and
"(2) Possesses no authority with respect to any agency decision
beyond the rendition of information, advice, recommendation or
counsel." See 2 C.Adm. Code Section 18700(a)(2)."
It was clear from the standard form contract that the architect did not
merely advise or make recommendations to the governmental agency but, on the
contrary, he had authority in the contract to make governmental decisions
which could substantially increase the cost of the project and thus increase
his own income because under the contract he was to receive 8% of the total
cost of the construction project.- The Commission concluded:
"(1) A project architect who, under contract, exercises significant
governmental authority with respect to agency decisions regarding the
development and construction of a public works project is a 'public
official' within the meaning of -Section 87100 of the Government Code."
"(2) The decisions of a project architect made pursuant to his or her
contractually defined duties may have a material financial effect upon
the architect's firm which is his or her 'source of income' within the
meaning of Section 87103 of the Government Code, where such decisions
increase the' architect's contract fees which are based upon a fixed
percentage of total project costs."
e. "In 1977, (3 FPPC Ops. 107, No. 77-022), the Commission delineated the
manner in which gift passes to events were to be evaluated. The Commission
determined that passes which are not sold to the general public are to be
valued on the basis of their maximum reasonable use, without regard to whether
they are in fact used by the recipient or given to others to use. This is
true as well of tickets, such as season tickets; however, valuation can easily
be determined in the case of tickets which have a face value. Pursuant to
Section 82028(b)(2) of the Act, a public official- who receives a gift may
negate that fact by returning it to the donor or giving it to a charity
(without claiming it as charitable contribution) unused, within 30 days of its
arrival. The Commission also permits an official to negate or reduce the
value of any gift by paying the donor for all or part of the gift within the
same 30-day period. The value of the gift then received is the value of the
original donation less the value of the payment to the donor from the
recipient -official."
"Under Sections 87100 and 87103 of the Political Reform Act, a public
official must disqualify himself or herself from making, participating in
making, or using his or her official position to influence any governmental
decision which will have a material financial effect upon a source of income
which will differ from the effect on the public generally. A donor of any
gift equaling or exceeding $250, received by the official within the preceding
12 months is a source of income within the meaning of Section 87103(c)."
f. An additional FPPC opinion concludes that council members who own
three or fewer rental units will not be affected by rent control decisions in
a manner distinguishable from the effect upon a significant segment of the
public generally, and therefore are not disqualified from participating in the
consideration of a proposed rent control ordinance. 4 FPPC 62.
g. "Because a limited partner has an investment in the controlling
general partner of the limited partnership, if the limited partnership is
"closely held", this investment can require disqualification both as to
decisions affecting the general partner personally and as to decisions
affecting "otherwise related business entities," which includes businesses
also controlled by the controlling general partner; the same rule applies in
the case of two equal general partners in a general partnership. (0c. 4,
1983) 8 FPPC 6."
6. Disclosure
a. Members of city councils, mayors, planning commissioners, city
managers, city attorneys and chief administrative officers file statements
disclosing financial interests either as candidates or as officeholders, or
both. The whole purpose of disclosure is to avoid the making of a public
decision that will affect a private personal financial interest. Reporting
under the Act is not difficult and the FPPC staff will provide assistance
whenever it is requested.
As officeholders it is assumed that you have filed your initial statements
within 30 days after taking office and that you will file your annual
statements on the date on which the term of office began. This is deemed to
be the time of assuming office whether you actually assumed the office on
that date. Persons appointed to offices specified in Section 87200 must file
not more than 10 days after assuming office. (Section 87202) The contents of
your annual statements will include income as well as investments and
interests in real property. When you leave office you must also file a
statement of investments, interests in real property, and income within 30
days after leaving office. Your statement of investments.and interest in real
property must disclose the following:.
"87206. Investment or interest in real property; statement; contents.
When an investment or an interest in real property is required to be
disclosed under this article, the statement shall contain:
(a) A statement of the nature -of the investment or interest.
(b) The name of the business entity in which each investment is
held, and a general description of the business activity in which the
business entity is engaged.
(c) The address or other precise location of the real property.
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(d) A statement whether the fair market value of the investment or
interest in real property exceeds one thousand dollars ($1,000) but
does not exceed ten thousand dollars ($10,000), whether it exceeds ten
thousand dollars ($10,000) but does not exceed one hundred thousand
dollars ($100,000), or whether it exceeds one hundred thousand dollars
($100,000).
(e) In the case of a statement filed under Sections 87203 or
87204, if the investment or interest in real property was partially or
wholly acquired or disposed of during the period covered by the
statement, the date of acquisition or disposal.
(f) For purposes of disclosure under this article, 'interest in
real property' does not include the principal residence of the filer
or any other property which the filer utilizes exclusively as the
personal residence of the filer.
The statement of'income or gifts must disclose the following:
"87207. Income statement contents. (a) When income is required to
be reported under this article, the statement shall contain, except as
provided in subdivision (b):
.(1) The name and address of each source of income aggregating two
hundred fifth dollars ($250) of more in value, or fifty dollars ($50)
or more in value if the income was a gift, and a general description
of the business activity, if any, of each source;
(2) A statement whether the aggregate value of income from each
source, or, in the case of* a loan, the highest amount owed to -each
source, was at least two hundred fifty dollars ($250) but did not
exceed one thousand dollars ($1,000), whether it was in excess of one
thousand dollars ($1,000) but was not greater than ten thousand
dollars ($10,000), or whether it was greater than ten thousand dollars
($10,000);
(3) A description of the consideration, if any, for which the
income was received;
(4) In the case of a gift, the amount and the date on which the
gift was received.
(5) In the case of a loan., the annual interest rate and the
security, if any, given for the loan.
(b) When the filer's pro rata share of income of a business
entity, including income of a sale proprietorship, is required to be
reported under this article, the statement shall contain:
(1) The name, address, and a general description of the business
activity of the business entity;
(2) The name of every person from whom the business entity
received payments if the filer's pro rats share of gross receipts from
such person was equal, to or greater than ten thousand dollars
($10,000) during a calendar year."3
b. Definitions. The above quoted sections clearly indicate the need
to be fully familiar with the definitions contained in the Political Reform
Act. See Sections 82000-82055 of the Government Code. In this connection the
following definitions are of particular interest:
"82005. "Business entity" means any organization or enterprise
operated for profit, including but not limited to a proprietorship,
partnership, firm, business trust, joint venture, syndicate,
corporation or association.4"
"82028. (a) 'Gift' means except as provided in subdivision (b), any
payment to the extent that consideration of equal or greater value is
not received and includes a rebate or discount in the price of
anything of value unless the rebate or discount is made in the regular
course of business to members of the public without regard to official
status. Any person, other than a defendant in a criminal action, who
claims that a payment is not a gift by reason of receipt of
consideration has the burden of proving that the consideration
received is of equal or greater value.
(b) The term 'gift' does not include:
(1) Informational material such as books, reports, pamphlets,
calendars or periodicals. No payment for travel or reimbursement for
any expenses shall be deemed 'informational material.'
(2) Gifts which are not used and which, within 30 days after
receipt, are returned to the donor or delivered to a charitable
organization without being claimed as a charitable contribution for
tax purposes.
3 In Hays v. Wood, 25 Cal. 3d 772, the court upheld the general operation of
-the disclosure provisions but set aside as a denial of constitutional
.equal protection the special disclosure threshold for attorneys and
brokers. The Legislature has deleted the unconstitutional section.
4 See Citizens for Oxnard v. Maron, 145 C.A. 3d 702. Agreement, to share
opening expenses of a bank did not constitute "business entity."
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k
(3) Gifts from an individual's spouse, child, parent, grandparent,
grandchild, brother, sister, parent -in-law, brother-in-law, sister-in-law,
nephew, niece, aunt, uncle, or first Cousin or the spouse of any such
person; provided that a gift from any such person shall be considered a
gift if the donor is acting as an agent or intermediary for any person not
covered by this paragraph.
(4) Campaign contributions required to be reported under Chapter 4 of
this title.
(5) Any devise or inheritance."
"82029. Immediate Famil "Immediate family" means the spouse and
dependent chi ren.
"82030. Income. (a) "Income" means, except as provided in subdivision
(b), a payment received, including but not limited to any salary, wage,
advance, dividend, interest, rent, proceeds from any sale, gift, including
any gift of food or beverage, loan, forgiveness or payment of indebtedness
received by the filer, reimbursement for expenses, per diem, or
contribution to an insurance or pension program paid by any person other
than an employer, and including any community property interest in income
of a spouse. Income also includes an outstanding loan. Income of an
individual also includes a pro rata share of any income of any business
entity or trust in which the individual or spouse owns, directly,
indirectly or beneficially, a 10-percent interest or greater. "Income,"
other than a gift, does not include income received from any source
outside the jurisdiction and not doing business within the jurisdiction,
not planning to do business within the jurisdiction, or not having done
business within the jurisdiction during the two years prior to the time
any statement or other action is required under this title.
(b) "Income" also does not include:
(1) Campaign contributions required to be reported under Chapter 4 of
this title.
(2) Salary and reimbursement for expenses or per diem received from a
state, local, or federal government agency and reimbursement for travel
expenses and per diem received from a bona fide educational, academic or
charitable organization.
(3) Any devise or inheritance.
(4) Interest, dividends or premiums on a time or demand deposit in a
financial institution, shares in a credit union or an insurance policy,
payments received under any insurance policy, or any bond or other debt
instrument issued by any government or government agency.
(5) Dividends, interest or any other return on a security which is
registered with the Securities and Exchange Commission of the United
States government.
(6) Redemption of.a mutual fund.
(7.) Alimony or child support payments.
(8) Any loan or loans from a commercial lending institution which are
made in the lender's regular course of business on terms available to
members of the public without regard to official status if:
(A) Used to purchase, refinance the purchase of, or for
improvements to, the principal residence of filer; or
(B) The balance owed does not exceed ten thousand dollars
($10,000).
(9) Any loan from an individual's spouse, child, parent, grandparent,
grandchild, brother, sister, parent -in-law, brother-in-law, sister-in-law,
nephew, niece, uncle, aunt, or first cousin, or the spouse of any such
person, provided that a loan from any such person shall be considered
income if the lender is acting as an agent or intermediary for any person
not covered by this paragraph.
(10) Any indebtedness created as part of a retail installment or
credit card transaction if made in the lender's regular course of business
on terms available to members if the public without regard to official
status, so long as the balance owed to the creditor does not exceed ten
thousand dollars ($10,000).
(11) Payments received under a defined benefit pension plan qualified
under Internal Revenue Code Section 401(a)."
"82033. Interest in Real Property. "Interest in real property" includes
any leasehold, beneficial or ownership interest or an option to acquire
such an interest in real property located in the jurisdiction owned
directly, indirectly or beneficially by the public official, or other
filer, or his or her immediate family if the fair market value of the
interest is one thousand dollars ($1,000) or more. Interests in real
property of an individual includes a pro rata share of interests in real
property of any business entity or trust in which the individual or
immediate family owns, directly, indirectly or beneficially, a 10 percent
interest or greater."
"82034. Investment. "Investment" means any financial interest in or
security issued by a business entity, including but not limited to common
stock, preferred stock, rights, warrants, options, debt instruments and
any partnership or other ownership interest owned directly, indirectly or
beneficially, by the public official, or other filer, or his or her
immediate family, if the business entity or any parent, subsidiary or
otherwise related business entity has an interest in real property in the
jurisdiction, or does business or plans to do business in the
jurisdiction, or has done business within the jurisdiction at any time
during the two years prior to the time any statement or other action is
required under this title. No asset shall be deemed an investment unless
its fair market value equals or exceeds one thousand dollars ($1,000).
The term "investment" does not include a time or demand deposit in a
financial institution, shares in a credit union, any insurance policy,
interest in a diversified mutual fund registered with the Securities and.
Exchange Commission under the Investment Company Act of 1940 or a common
trust fund which is created pursuant to Section 1564 of the Financial
400s41-
(d) A statement whether the fair market value of the investment or
interest in real property exceeds one thousand dollars ($1,000) but
does not exceed ten thousand dollars ($10,000), whether it exceeds ten
thousand dollars ($10,000) but does not exceed one hundred thousand
dollars ($100,000), or whether it exceeds one hundred thousand dollars
($100,000).
(e) In the case of a statement filed under Sections 87203 or
87204, if the investment or.interest in real property was partially or
wholly acquired or disposed of during the period covered by the
-statement, the date of acquisition or disposal.
(f) For purposes of disclosure under this article, 'interest in
real property' does not include the principal residence of the filer
or any other property which the filer utilizes exclusively as the
personal residence of the filer.
The statement of income or gifts must disclose the following:
"87207. Income statementt contents. (a) When income is required to
be reported under this article, Me statement shall contain, except as
provided in subdivision (b):
(1) The name and address of each source of income aggregating two
hundred fifth dollars ($250) of more in value, or fifty dollars ($50)
or more in value if the income was a gift, and a general description
of the business activity, if any, of each source;
(2) A statement whether the aggregate value of income from each
source, or, in the case of a loan, the highest amount owed to -each
source, was at least two hundred fifty dollars ($250) but did not
exceed one thousand dollars ($1,000), whether it was in excess of one
thousand dollars ($1,000) but was not greater than ten thousand
dollars (t10,000), or whether it was greater than ten thousand dollars
($10,000);
(3) A description of the consideration, if any, for which the
income was received;
(4) In the case of a gift, the amount and the date on which the
gift was received.
(5) In the case of.a loan; the annual interest rate and the
security, if any, given for the loan.
(b) When the fil*er's pro rata share of income of a business
entity, including income of a sale proprietorship, is required to be
reported under this article, the statement shall contain:
(1) The name, address, and a general description of the business
activity of the business entity;
(2) The name of every person from whom the bisiness entity
received payments if the filer's pro rata share of gross receipts from
such person was equal, to or greater than ten thousand dollars
($10,000) during a calendar year."3
b. Definitions. The above quoted sections clearly indicate the need
to be fully familiar with the definitions contained in the Political Reform
Act. See Sections 82000-82055 of the Government Code. In this connection the
following definitions are of particular interest:
"82005. "Business entity" means any organization or enterprise
operated for profit, including but not limited to a proprietorship,
partnership, firm, business trust, joint venture, syndicate,
corporation or association.4"
"82028. (a) 'Gift' means except as provided in subdivision (b), any
payment to the extent that consideration of equal or greater value is
not received and includes a rebate or discount in the price of
anything of value unless the rebate or discount is made in the regular
course of business to members of the public without regard to official
status. Any person, other than a defendant in a criminal action, who
claims that a payment is not a gift by reason of receipt of
consideration has the burden of proving that the consideration
received is of equal or greater value.
(b) The term 'gift' does not include:
(1) Informational material such as books, reports, pamphlets,
calendars or periodicals. No payment for travel or reimbursement for
any expenses shall be deemed 'informational material.'
(2) Gifts which are not used and which, within 30 days after
receipt, are returned to the donor or delivered to a charitable
organization without being claimed as a charitable contribution for
tax purposes.
3 In Hays v. Wood, 25 Cal. 3d 772, the court upheld the general operation of
the disclosure provisions but set aside as a denial of constitutional
.equal protection the special disclosure threshold for attorneys and
brokers. The Legislature has deleted the unconstitutional section.
4 See Citizens for Oxnard v. Maron, 145 C.A. 3d 702. Agreement, to share
opening expenses of a bank did not constitute "business entity."
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(3) Gifts from an individual's spouse, child, parent, grandparent,
grandchild, brother, sister, parent -in-law, brother-in-law, sister-in-law,
nephew, niece, aunt, uncle, or first cousin or the spouse of any such
person; provided that a gift from any such person shall be considered a
gift if the donor is acting as an agent or intermediary for any person not
covered by this paragraph.
(4) Campaign contributions required to be reported under Chapter 4 of
this title.
(5) Any devise or inheritance."
"82029. Immediate Family. "Immediate family" means the spouse and
dependent chit ren.
"82030. Income. (a) "Income" means, except as provided in subdivision
(b), a payment received, including but not limited to any salary, wage,
advance, dividend, interest, rent, proceeds from any sale, gift, including
any gift of food or beverage, loan, forgiveness or payment of indebtedness
received by the filer, reimbursement for expenses, per diem, or
contribution to an insurance or pension program paid by any person other
than an employer, and including any community property interest in income
of a spouse. Income also includes an outstanding loan. Income of an
individual also includes a pro rata share of any income of any business
entity or trust in which the individual or spouse owns, directly,
indirectly or beneficially, a 10-percent interest or greater. "Income,"
other than a gift, does not include income received from any source
outside the jurisdiction and not doing business within the jurisdiction,
not planning to do business within the jurisdiction, or not having done
business within the jurisdiction during the two years prior to the time
any statement or other action is required under this title.
(b) "Income" also does not include:
(1) Campaign contributions required to be reported under Chapter 4 of
this title.
(2) Salary and reimbursement for
state, local, or federal government
expenses and per diem received from
charitable organization.
(3) Any devise or inheritance.
expenses or per diem received from a
agency and reimbursement for travel
a bona fide educational, academic or
(4) Interest, dividends or premiums on a time or, demand deposit in a
financial institution, shares in a credit union or an insurance policy,
payments received under any insurance policy, or any bond or other debt
instrument issued by any government or government agency.
(5) Dividends, interest or any other return on a security which is
registered with the Securities and Exchange Commission of the United
States government.
(6) Redemption of a mutual fund.
40wS3_
(7) Alimony or child support payments.
(8) Any loan or loans from a commercial lending institution which are
made in the lender's regular course of business on terms available to
members of the public without regard to official status if:
(A) Used to purchase, refinance the purchase of, or for
improvements to, the principal residence of filer; or
(B) The balance owed does not exceed ten thousand dollars
($10,000).
(9) Any loan from an individual's spouse, child, parent, grandparent,
grandchild, brother, sister, parent -in-law, brother-in-law, sister-in-law,
nephew, niece, uncle, aunt, or first cousin, or the spouse of any such
person, provided that a loan from any such person shall be considered
income if the lender is acting as an agent or intermediary for any person
not covered by this paragraph.
(10) Any indebtedness created as part of a retail installment or
credit card transaction if made in the lender's regular course of business
on terms available to members if the public without regard to official
status, so long as the balance owed to the creditor does not exceed ten
thousand dollars ($10,000).
(11) Payments received under a defined benefit pension plan qualified
under Internal Revenue Code Section 401(a)."
"82033. Interest in Real Property. "Interest in real property" includes
any leasehold, beneficial or ownership interest or an option to acquire
such an interest in real property located in the jurisdiction owned
directly, indirectly or beneficially by the public official, or other
filer, or his or her immediate family if the fair market value of the
interest is one thousand dollars ($1,000) or more. Interests in real
property of an individual includes a pro rata share of interests in real
property of any business entity or trust in which the individual or
immediate family owns, directly, indirectly or beneficially, a 10 percent
interest or greater."
"82034. Investment. "Investment" means any financial interest in or
security issued by a business entity, including but not limited to common
stock, preferred stock, rights, warrants, options, debt instruments and
any partnership or other ownership, interest owned directly, indirectly or
beneficially, by the public official, or other filer, or his or her
immediate family, if the business entity or any parent, subsidiary or
otherwise related business entity has an interest in real property in the
jurisdiction, or does business or plans to do business in the
jurisdiction, or has done business within the jurisdiction at any time
during the two years prior to the time any statement or other action is
required under this title. No asset shall be deemed an investment unless
its fair market value equals or exceeds one thousand dollars ($1,000).
The term "investment" does not include a time or demand deposit in a
financial institution, shares in a credit union, any insurance policy,
interest in a diversified mutual fund registered with the Securities and.
Exchange Commission under the Investment Company Act of 1940 or a common
trust fund which is created pursuant to Section 1564 of the Financial
-M45V4 ,
Code, or any bond or other debt instrument issued by any government or
government agency. Investments of an individual includes a pro rate share
of investments of any business entity, mutual fund, or trust in which the
individual or immediate family owns, directly, indirectly or beneficially,
a 10 percent interest or greater. The term "parent, subsidiary or
otherwise related business entity" shall be specifically defined by
regulations of the commission."
"82035. Jurisdiction. "Jurisdiction" means the state with respect to a
state agency and, with respect to a local government agency, the region,
county, city, district or other geographical area in which it has
jurisdiction. The jurisdiction of a member of a regional coastal zone
conservation commission shall be the permit area in which the regional
commission has jurisdiction. Real property shall be deemed to be "within
the jurisdiction" with respect to a local government agency if the
property or any part of it is located within or not more than two miles
outside the boundaries of the jurisdiction or within two miles of any land
owned or used by the local government agency."
A clear understanding of these definitions will enable you to adequately
disciose income, investments and interests but, more importantly, will enable
you to more easily ascertain when one of your governmental decisions might
conflict with a personal financial decision.
7. Conflict of Interest Codes
Every state and local agency must -adopt a conflict of interest code and a
city council's conflict of interest code will be filed with and approved by
the Fair Political Practices Commission. Conflict of interest codes for your
"designated employees" were formulated by the various departments and agencies
of your cities and were submitted for city council approval prior to June 30,
1980. While unsalaried members of boards and commission which serve a solely
advisory function are not included, see Commission v. FPPC, 75 Cal.App.3d
716, for a discussion of non -decision -making bodies' o ligation to file
periodic disclosure statements.
The League sent to all city attorneys model conflict of interest codes.
One is a model for all "designated employees" and the other is applicable only
to the members of the city council. The latter is a very simple code inasmuch
as members of the city council are not required to make any disclosure other
than already required under the Act itself. The Commission also distributed
to every city in the state in February 1976 a document entitled, "Conflict of
Interest Codes: Their Purpose and Preparation" prepared by the Conflicts of
Interest Division of the Fair Political Practices Commission. The Commission
later approved a new model code that may be adopted by reference. See FPPC
Regulation Section 18730. There is no excuse for the smallest jurisdiction to
fail to adopt a Conflict of Interest Code for its employees as required by
law. Failure to act may lead to a court ordered draft of a Code not
acceptable to such jurisdiction.
If you have any questions on conflicts of interest, we strongly urge that
you discuss these with your city attorney before acting and if you desire the
assistance of the Commission, you should contact the Conflict Division of the
Fair Political Practices Commission, 428 J Street, 8th Floor, Sacramento,
California 95814, or telephone (916) 322-5901.
-6'r_
8. Violations - Enforcement
a. The Act makes any person who knowingly or willfully violates its
provisions guilty of a misdemeanor and subject to a fine of up to $10,000, or
three times the amount the person failed to report properly. There is a four
year statute of limitations for prosecution of violations.
b. The Attorney General is responsible for enforcing the criminal
provisions of the Act and district attorneys have concurrent jurisdiction and
responsibility. The FPPC is primarily responsible for enforcing civil
penalties and again, the district attorney also may bring civil actions.
Elected city attorneys of charter cities may act as the civil or criminal
prosecutor for violations occurring within such cities.
c. A person convicted for a violation of the Act is prohibited from
becoming a candidate for public office.
d. In addition to injunctive relief to enjoin violations, a court may
declare or set aside any action taken as void.
e. Any person who violates disclosure or conflict of interest codes is
subject to disciplinary action by his or her agency including dismissal.
f. Any person who intentionally or negligently violates the reporting
requirements of the Act is liable in a civil action brought by the civil
prosecutor or by any person residing in the jurisdiction for the amount or
value of property not properly reported.
g. Any designated employee who realizes an economic benefit as a result
of violating the disqualification provisions of a conflict of interest code is
liable in a civil action for up to three times the value of the benefit
received.
h. The head-hunter plaintiff receives 50% of the amount recovered where
there has been a violation of the report or disqualification provisions of the
Act.
9. Government Code Section 84308
Government Code Section 84308, which provides that campaign contributions
can create a conflict of interest in certain circumstances, was substantially
revised in 1984. As currently enacted, a public official serving on an agency
to which officers are not directly elected by the voters' is prohibited from
soliciting or accepting a campaign contribution of $250.00 or more from a
party, participant or agent thereof, concerned with an application for a
license, permit, or other entitlement for use pending before the agency. The
officer is also prohibited from participating in any such decision for a
period of twelve months after receiving a contribution exceeding $250.00 from
the participant, party or agent.
Participant includes persons who have a financial interest in the matter'
and actively support or oppose a particular result. License, permit or other
entitlement for use is defined very broadly, and includes contracts and other.
legislative actions. The Section previously was limited to quasi-judicial
decisions.
_S(O
C. Commission Regulations.
Since 1983 the Fair Political Practices Commission has adopted several new
regulations and modified nearly all of its previously existing regulations
concerning the conflict of interest portions of the PRA. The new and modified
regulations are concerned with reporting and valuing gifts (Section 18726*),
defining "effect on the public generally (Section 18703)," using official
position to influence a decision (Section 18700.1), listing circumstances
requiring disqualification (Section 18702.1) defining material financial
effect on a business entity (Section 18702.2), defining effect on the public
generally (Section 18703) and defining lease (Section 18729). These
regulations are very detailed and beyond the scope of this paper. The
regulations should be consulted by any public official with a question
involving one of these aspects of the PRA.
The two regulations adopted by the Commission during 1984 concerning
"related business entities" are probably of greatest interest to city
officials. In these regulations the Commission attempted to promulgate
guidelines for applying its opinion in Nord, No. 83-004, 8 FPPC 6.
This opinion established the principal that conflicts of interest extend
to a parent, subsidiary, or related. business entity of the business entity
giving rise to the conflict. In Nord, the Commission ruled that a public
official could not participate in any decision having a material financial
effect on a general partner having control of a limited partnership in which
the official was a limited partner. The Commission ruled that the official
had essentially invested in the general partner and could not participate in
any decision affecting the general partner or any other business entity
controlled by the general partner.
D. Distinction Between Incompatible Positions and Conflicts of Interest
Occasionally people will refer to a person holding two incompatible public
offices as having a conflict of interest. The Attorney General has indicated
the clear distinction between incompatible positions and conflicts of interest
in 58 Ops. Atty. Gen. 109, 111 (1975):
. the conflict of interest statutes have not to our knowledge been
applied to the situation where an individual acts in two public
capacities. They are designed to protect against an individual acting in
both a public capacity and in a private capacity. When the official is
acting solely for the public on both sides, the common law doctrine of
incompatibility of offices is applicable; when he is acting for the public
on one side and for some private interest on. the other, the statutory and
common law conflict of interest principles are applicable.
"Problems of analysis frequently arise because of interchange of the terms
'incompatibility' and 'conflict of interest.' We consider that conflict
of interest refers only to the 'private -public' situation; whereas
incompatibility refers to the 'public -public' situation where no personal
conflict of interest is involved."
* All citations to Commission Regulations are to Title 2, Division 6 of
the California Administrative Code.
-57--
E. Codes of Ethics
Many cities, both before and after Watergate, have adopted a Code of
Ethics and the sanctions for violation include suspension, dismissal and/or
fine and imprisonment. We urge careful consideration of such codes because
some go beyond the laws we have heretofore considered. They may prohibit
disclosure of confidential information or the acceptance of any gifts or
favors from any person or company having any business dealings with or
licensed by the city. They frequently prohibited nepotism, the representation
of private interests before city agencies and certain political activity.
Most are duplicative in part of the laws already discussed. We have not
included samples of such codes because we believe existing state statutes and
decisions adequately protect the public.
SUMMARY
After the Political Reform Act of 1974 was approved by the voters, most
attention was directed at the lobbying and campaigning provisions of the PRA.
If the public official is financially interested in the contract, the contract
is void, even if the official abstained from voting. This is sometimes
difficult to remember, because abstention is permitted under the PRA.
Over the last several years, however, the focus has been directed at local
agencies. The Commission and its staff are reviewing more and more local
agency actions. As a result, local officials must become even more aware of
the conflict of interest laws in order to avoid inadvertantly violations.
mcoisecd.train
January 1989
aw T$-
�t
B.
CONFLICT OF INTEREST AND
INCONSISTENT OR INCOMPATIBLE EMPLOYMENT LAW
Calif. Gov. Code logo et seq.
GOVERNMENT CODE
§ 1090. Conflicts of interest; contracts, sales and purchase
s
es
Members of the Legislature, state, county, district, judicial dis-
trict, and city officers or employees shall not be financially interested
in any contract made by them in their official capacity, or by any
body or board of which they are members. Nor shall state, county,
district, judicial district, and city officers or employees be purchasers
at any sale or vendors at any purchase made by them in their official
capacity.
As used in this article, "district" means any agency of the state
formed pursuant to general law or special act, for the local perform-
ance of governmental or proprietary functions within limited bounda-
ries.
(Stats.1943, c. 134, p. 95Ei, § 1090. Amended by Stats.1951, C. 1553. p..1535,
§ 2; Stats.1953, c. 1081, p. 2572, § 1; Stats.1961, c. 381, p. 1435, § 1;
Stats.1963, c. 2172, p. 4559, § 1; Stats.1970, c. 447, p. 895, § 1.)
§ 1091. Remote interest of officer or member
(a) An officer shall not be deemed to be interested in a contract entered into by a body or board of
which the officer is a member within the meaning of this article if the officer.has only a remote
interest in the contract and if the fact of that interest is disclosed to the body of the board of which
the officer is a member and noted in its official records, and thereafter the body or board authorizes,
approves, or ratifies the contract in good faith by a vote of its membership sufficient for the purpose
without counting the vote or votes of the officer or member with the remote interest.
(b) As used in this article, "remote interest" means any of the following:
(1) That of an officer or employee of a nonprofit corporation, except as provided in paragraph (8)
of subdivision (a) of Section 1091.5.,
(2) That of an employee or agent of the contracting party, if the contracting party has 10 or more
other employees and if the officer was an employee or agent of that contracting party for at least
three years prior to the officer initially. accepting his or her office.
For purposes of this paragraph, time of employment with the contracting party by the officer shall
be counted in computing the three-year period specified in this paragraph even though the contract-
ing party has been converted from one form of business organization to a different form of business
organization within three years of the initial taking of office by the officer. Time of employment in
that case shall be counted only if, after the transfer or change in organization, the real or ultimate
ownership of the contracting party is the same or substantially similar to that which existed before
the transfer or change in organization. For purposes of this paragraph, stockholders, bondholders,
partners, or other persons holding an interest in the contracting party are regarded as having the
"real or ultimate ownership" of the contracting party.
(3) That of an employee or agent of the contracting party, if all of the following conditions are
met:
GOVERNMENT CODE
(A) The agency of which the person is an officer is a local public agency located in a county with a
population of less than 4,000,000.
(B) The contract is competitively bid and is not for personal services.
(C) The employee or agent is not in a primary management capacity with the contracting party, is
not an officer or director of the contracting party, and holds no ownership interest in the contracting
party.
(D) The contracting party has 10 or more other employees.
(E) The employee or agent did not directly participate in formulating the bid of the contracting
party.
(F) The contracting party is the lowest responsible bidder.
(4) That of a parent in the earnings of his or her minor child for personal services.
(5) That of a landlord or tenant of the contracting party.
(6) That of an attorney of the contracting party or that of an owner, officer, employee, or agent of
a firm which renders, or has rendered, service to the contracting party in the capacity of stockbroker,
insurance agent, insurance broker, real estate agent, or real estate broker, if these individuals have
not received and will not receive remuneration, consideration, or a commission as a result of the
contract.
(7) That of a member of a nonprofit corporation formed under the Food and Agricultural Code or a
nonprofit corporation formed under the Corporations Code for the sole purpose of engaging in the
merchandising of agricultural products or the supplying of water.
(8) That of a supplier of goods or services when those goods or services have been supplied to the
contracting party by the officer for at least five years prior to his or her election or appointment to
office.
(9) That of a person subject to the provisions of Section 1090 in any contract or agreement entered
into pursuant to the provisions of the California Land Conservation Act of 1965.1
(10) That of an officer, director, or employee of a bank, bank holding company, or savings and loan
association with which a party to the contract has the relationship of borrower or depositor, debtor or
creditor.
(11) That of an engineer, geologist, or architect employed by a consulting engineering or architec-
tural firm. This paragraph applies only to an employee of a consulting firm who does not serve in a
primary management capacity, and does not apply to an officer or director of a consulting firm.
(12) That of an elected officer otherwise subject to Section 1090, in any housing assistance
payment contract entered into pursuant to Section 8 of the United States Housing Act of 1937 (42
U.S.C. Sec. 1437f) as amended, provided that the housing assistance payment contract was in
existence before Section 1090 became applicable to the officer and will be renewed or extended only
as to the existing tenant, or, in a jurisdiction in which the rental vacancy rate is less than 5 percent,
as to new tenants in a unit previously under a Section 8 contract. This section applies to any person
who became a public official_ on or after November 1. 1986.
(c) This section is not applicable to any officer interested in a contract who influences or attempts
to influence another member of the body or•board of which he or she is a member to enter into the
contract.
(d) The willful failure of an officer to disclose the fact of his or her interest in a contract pursuant
to this section is punishable as provided in Section 1097. That violation does not void the contract
unless the contracting party had knowledge of the fact of the remote interest of the officer at'the
time the contract was executed.
(Amended by Stats.1982, c. 451, p. 1821, § 1; Stats.1984, c. 113, § 1, eff. May 10, 1984; Stats.1987, C.
847, ¢ I; St9ts.19909 c. 565 (A.B.66)9 ¢ 1; Stats.1990, C. 1593 (S.B.1963), § 1, eff. Sept. 30, 1990.)
1 Govemment Code 4 312W et seq.
40OW&O 00000
GOVERNMENT CODE
, 1091.1. ' Interest in contracts; subdivided lands
The prohibition against an interest in contracts provided by this
article or any other provision of law shall not be deemed to prohibit
any public officer or member of any public board or commission from
subdividing lands owned by him or in which he has an Interest and
which subdivision of lands is effected under the provisions of Division
2 (commencing with Section 66410) of Title 7 of the Government
Code or any local ordinance concerning subdivisions; provided, that
(a) said officer or member of such board or commission shall first
fully disclose the nature of his Interest in any such lands to the legis-
lative body having jurisdiction over the subdivision thereof, and (b)
said officer or member of such board or commission shall not cast his
vote upon any matter or contract concerning said subdivision in any
manner whatdver.
(Added by Stats.1969. c. 628, p. 2608, 11. Amended by Stats.1976, c. 24, p.
80, 6, eff. April 4,1975.)
GOVERNMENT CODE
§ 1091.5. Ownership of corporate shares; reimbursement for ex-
penses; recipient of public services; landlord or ten-
ant contracting with federal or state agencies; em-
ployment of spouse; officer, director, or employee of
bank or savings and loan association
(a) An officer or employee shall not be deemed to be interested
In a contract if his or her interest is any of the following:
(1) The ownership of less than 3 percent of the shares of a cor-
poration for profit, provided the total annual income to him or her
from dividends, including the value of stock dividends, from the cor-
poration does not exceed 5 percent of his or her total annual income,
and any other payments made to him or her by the corporation do not
exceed 5 percent of his or her total annual income.
(2) That of an officer in being reimbursed for his or her actual
and necessary expenses incurred in the performance of official duty.
(3) That of a recipient of public services generally provided by
the public body or board of which he or she is a member, on the same
terms and conditions as if he or she were not a member of the board.
(4) That of a landlord or tenant of the contracting party if such
contracting party is the federal government or any federal depart-
ment or agency, this state or an adjoining state, any department or
agency of this state or an adjoining state, any county or city of this
state or an adjoining state, or any public corporation or special, judi-
cial, or other public district of this state or an adjoining state unless
the subject matter of such contract is the property in which such offi-
cer or employee has such interest as landlord or tenant in which event
his or her interest shall be deemed a remote interest within the mean-
ing of, and subject to, the provisions of Section 1091.
(5) That of a tenant in a public housing authority created pur-
suant to Part 2 (commencing with Section 34200) of Division 24 of the
Health and Safety Code in which he or she serves as a member of the
board of commissioners of the authority or of a community develop-
ment commission created pursuant, to Part 1.7 (commencing with Sec-
tion 34100) of Division 24 of the Health and Safety Code.
(6) That of a spouse of an officer o' employee of a public agency
In his or her spouse's employment or officeholding if his or tier spouse's
employment or officeholding has existed for at least one year prior to
his or her election or appointment.
(7) That of a nonsalaried member of a nonprofit corporation,
provided that such interest is disclosed to the body or board at the time
of the first consideration of the contract, and provided further that
such interest is noted in its official records.
4010G Z--
GOVERNMENT CODE
9 1091.5 (continued`
(8) That of a noncompensated officer of a nonprofit, tax-exempt
corporation, which, as one of its primary purposes, supports the func-
tions of the body or board or to which the body or board has a legal
obligation to give particular consideration, and provided further that
such interest is noted in its official records.
For purposes of this paragraph an officer is "noncompensated"
even though he or she receives reimbursement from the nonprofit,
tax-exempt corporation for necessary travel and other actual expenses
Incurred in performing duties of his or her office.
(9) That of compensation for employment with a
governmental agency, other than the governmental agency
that employs the officer or employee, provided that the
interest is disclosed to the body or board at the time of
consideration of the contract, and provided further that
the interest is noted in its official record.
(b) An officer or employee shall not be deemed to be interested
In a contract made pursuant to competitive bidding under a procedure
established by law if his or her sole interest is that of an officer, di-
rector, or employee of a bank or savings and loan association with
which a party to the contract has the relationship of borrower or de-
positor, debtor or creditor.
(Added by Stats.1959. c. 427, p. 2367, § 2. Amended by Stat3.1961..c. 381,
P. 1435. § 2: SUO.1963. c. 1960. p. 4016. § 2: Stats.1968, c. 1276, p. 2401. §
1; Stats.1971. c. 1054. P. 2009. S 1; Stats.1973, c. 414, p. 879. § 1; State.
1975. c. 611. P. 1334. § 1: Stats.1977, c. 706. p. 22G6, § 2; Stats.1980, c. 110,
12, urgency. eff. May 20, 1980.)
§ 1092. Avoidance of contracts
Every contract made in violation of any of the provisions of Sec-
tion 1090 may be avoided at the instance of any party except the offi-
cer interested therein. No such contract may be avoided because of
the interest of an officer therein unless such contract is made in the
official capacity of such officer, or by a board or body of which he is
a member.
(Stats.1943. c. 134, p. 956, § 1092. Amended by Stats.1963, c. 1081, p. 2572.
§ 3•)
1092.8. Lease. purchase or encumbrance of real property: avoidance
Notwithstanding Section 1092. no lease or purchase of. or encumbrance on, real property may be
avoided, under the terms of Section 109Z in derogation of the interest of a good faith lessee.
purchaser, or encumbrancer where the lessee. purchaser. or encumbrancer paid value and acquired
the interest without actual knowledge of a violation of any of the provisions of Section 1090.
(Added by Stats.1981, c. 66. p. 122. 1 1.)
-(03
GOVERNMENT CODE
§ 1093. Warrants and other evidences of indebtedness, private
use or benefit
The State Treasurer and Controller, county and city officers, and
their deputies and clerks shall not purchase or sell, or in any manner
receive for their own or any other person's use or benefit any State,
county or city warrants, scrip, orders, demands, claims, or other evi-
dences of indebtedness against the State, or any county or city there-
of. This section does not apply to evidences of indebtedness issued to
or held by such an officer, deputy or clerk for services rendered by
them, nor to evidences of the funded indebtedness of the State, coun-
ty, or city.
(Stats.1943, c. 134, p. 956, § 1093.)
1 1097. - Penalty for violations
Every officer or person prohibited by the laws of this state from
making -or being interested In contracts, or from becoming a vendor
or purchaser at sales, or from purchasing scrip, or other evidences of
Indebtedness, Including any member. of the governing board of a
school district, who willfully violates any of the provisions of such
laws, Is punishable by a fine of not more than one thousand dollars
($1,000), or by Imprisonment In the state.prison, and Is forever dis-
qualified from holding any office In this state.'
(Stats.1948, e. 184, p. 967, f 1097. Amended by Stats.1966, e. 1125, p: 2119,
141 8tats.19760 e.1189, P. 6076,154.6. operative July 1,1977.)
___611ftao
GOVERNMENT CODE
¢ 1098. Confidential information; use or disclosure for pecuniary gain; misdemeanor; defini-
tions; application
(a) Any current public officer or employee who willfully and knowingly discloses for pecuniary
gain, to any other person, confidential information acquired by him or her in the course of his or her
official duties, or uses any such information for the purpose of pecuniary gain, is guilty of a
misdemeanor.
(b) As used in this section:
(1) "Confidential information" means information to which all of the following apply:
(A) At the time of the use or disclosure of the information, the information is not a public record
subject to disclosure under the Public Records Act.
(11) At the time of the use or disclosure of the information, the disclosure is prohibited by (i) a
statute, regulation, or rule which applies to the agency in which the officer or employee serves; (ii)
the statement of incompatible activities adopted pursuant to Section 19990 by the agency in which
the officer or employee serves; or (iii) a provision in a document similar to a statement of
incompatible activities if the agency in which the officer or employee serves is a local agency.
(C) The use or disclosure of the information will have, or could reasonably be expected to have, a
material financial effect on any investment or interest in real property which the officer or employee,
or any person who provides pecuniary gain to the officer or employee in return for the information,
has at the time of the use or disclosure of the information or acquires within 90 days following the
use or disclosure of the information.
(2) For purposes of paragraph (1):
(A) "Interest in real property" has the definition prescribed by Section 82033.
(B) "Investment" has the definition prescribed by Section 82034.
(C) "Material financial effect" has the definition prescribed by Sections 18702 and 18702.2 of Title
2 of the California Administrative Code, as those sections read on September 1, 1987.
(3) "Pecuniary gain" does not include salary or other similar compensation from the officer's or
the employee's agency.
(c) This section shall not apply to any disclosure made to any law enforcement agency, nor to any
disclosure made pursuant to Sections 10542 and 10543.
(d) Thi-9 section is not intended to supersede, amend, or add to subdivision (b) of Section 8920
regarding prohibited conduct of Members of the Legislature.
(Added by Stats.1987, c. 962, 4 1.)
.__645OL+
GOVERNMENT CODE
§ 1125. Local ngcncy rlrfinrrl
„ "Local ngelley," aq tised Ill illis allicl('., lilenflC it collflly, city, city
anti county, political subdiviMoti, district, or municipal corporation.
(Added by Stnts:1971, c. 633, h. 1249, § i.)
1126. Inconsistent, incompatible or conflicting employment. activity or enterprise by local
agency officer or employee; political activities not restricted
(a) Except as provided in Sections 1128 and 1129, ' ' ' a local agency officer or employee shall not
engage in any employment, activity, or enterprise for compensation which is inconsistent, incompati-
ble, in conflict with, or inimical to his or her duties as a local agency officer or employee or with the
duties, functions, or responsibilities of his or her appointing power or the agency by which he or she
is employed. The officer or employee shall not perform any work, service, or counsel for compensa-
tion outside of his or her local agency employment where any part of his or her efforts will be
subject to approval by any other officer, employee, board, or commission of his or her employing
body, unless otherwise approved in the manner prescribed by subdivision (b).
(b) Each appointing power may determine, subject to approval of the local agency, and consistent
with the provisions of Section 1128 where applicable, those outside activities which, for employees
under its jurisdiction, are inconsistent with, incompatible to, or in conflict with their duties as local
agency officers or employees. An employee's outside employment, activity, or enterprise may be
prohibited if it (1) involves the use for private gain or advantage of his or her local agency time,
facilities, equipment and supplies; or the badge, uniform, prestige, or influence of his or her local
agency office or employment or, (2) involves receipt or acceptance by the officer or employee of any
money or other consideration from anyone other than his or her local agency for the performance of
an act which the officer or employee, if not performing such act, would be required or expected to
render in the regular course or hours of his or her local agency employment or as a part of his or her
duties as a local agency officer or employee or, (3) involves the performance of an act in other than
his or her capacity as a local agency officer or employee which act may later be subject directly or
indirectly to the control, inspection, review, audit, or enforcement of any other officer or employee or
the agency by which he or she is employed, or (4) involves the time demands as would render
performance of his or her duties as a local agency officer or employee less efficient
The local agency may adopt rules governing the application of this section. The rules shall include
provision for notice to employees of the determination of prohibited activities, of disciplinary action to
be taken against employees for engaging in prohibited activities, and for appeal by employees from
such a determination and from its application to an employee. Nothing in this section is intended to
abridge or otherwise restrict the rights of public employees under Chapter 9.5 (commencing with
Section 3201) of Title 1.
(Amended by Stats.1981, c. 391, p. 1579, § 1; Stats.1987, c. 32, § 1, eff. May 29, 1987; Stats.1989, c.
495, 1 1; Stats.1990, C. 1593 (S.B.1963). ¢ 1.2, eff. Sept. 30, 1990; Stats.1991, c. 1176 (A.B.2231), 4 2.)
§ 1127. Intent
It is not the intent of this article to prevent the employment by
private business of a' public employee, such as,a peace officer, fire-
man, forestry service employee, among other public employees, who
Is off duty to do work related to and compatible with his regular em-
ployment, or past employment, provided the person or persons to be
employed have the approval of their agency supervisor and are certi-
fied as qualified by the appropriate agency.
(Added by Stats.1971, c. 633, p. 1250. § 1.)
C.
FAIR POLITICAL PRACTICE ACT
CONFLICT OF INTEREST AND DISCLOSURE LAW
Calif. Gov. Code 81001 et seq.
Penal Code 118 and 126
t
GOVERNMENT CODE -
§ 81001. Findings and declaration
The people find and declare as follows:
(a) State and local government should serve the needs and respond to the
wishes of all citizens equally, without regard to their wealth;
(b) Public officials, whether elected or appointed, should perform their
duties in an impartial manner, free from bias caused by their own financial
interests or the financial interests of persons who have supported them;
(c) Costs of conducting election campaigns have increased greatly in recent
years, and candidates have been forced to finance their campaigns by seeking
large contributions from lobbyists and organizations who thereby gain dispro-
portionate influence over governmental decisions;
(d) The influence of large campaign contributors is increased because
existing laws for disclosure of campaign receipts and expenditures have
proved to be inadequate;
(e) Lobbyists often make their contributions to incumbents who cannot be
effectively challenged because of election laws and abusive practices which
give the incumbent an unfair advantage;
(f) The wealthy individuals and organizations which make large campaign
contributions frequently extend their influence by employing lobbyists and
spending large amounts to influence legislative and administrative actions;
(g) The influence of large campaign contributors in ballot measure elec-
tions is increased because the ballot pamphlet mailed to the voters by the state
is difficult to read and almost impossible for a layman to understand; and
(h) Previous laws regulating political practices have suffered from inade.
quate enforcement by state and local authorities.
(Added by Initiative Measure approved by the electors June 4, 1974, eff. Jan. 7, 1975.)
§ 81002. Purposes of title
The people enact this title to accomplish the following purposes:
(a) Receipts and expenditures in election campaigns should be fully and
truthfully disclosed in order that the voters may be fully informed and
improper practices may be inhibited.
(b) The activities of lobbyists should be regulated and their finances
disclosed in order that improper influences will not be directed at public
officials.
(c) Assets and income of pubfie officials which may be materially affected
by their official actions should be disclosed and in appropriate circumstances
the officials should be disqualified from acting in order that conflicts of
interest may be avoided.
(d) The state ballot pamphlet should be converted into a useful document
so that voters will not be entirely dependent on paid advertising for informa.
tion regarding state measures.
(e) Laws and practices unfairly favoring incumbents should be abolished in
order that elections may be conducted more fairly.
(f) Adequate enforcement mechanisms should be provided to public offi.
cials and private citizens in order that this title will be vigorously enforced.
(Added by initiative Measure approved by the electors June 4, 1974, eff. Jan. 7, 1975.
Amended by Stats.1980, c. 289, p. 600, § 1.)
-6 7-
GOVERNMENT CODE
§ 81004. Reports and statements; perjury; verification
(a) All reports and statements filed under this title shall be signed under
penalty of perjury and verified by the filer. The verification shall state that
the filer has used all reasonable diligence in its preparation, and that to the
best of his knowledge it is true and complete.
(h) A report or statement filed by n committee which qualifies under
srrlulivisic�n (a) of Sectimi 82013 shalt he signet) and verified by the treasurer,
and a report or statement filed by any other person shall be signed and
verified by the filer. If the filer is an entity other than an individual, the
report or statement shall be signed and verified by a responsible officer of the
entity or by an attorney or a certified public accountant acting as agent for
the entity. Every person who signs and verifies any report or statement
required to be filed under this title which contains material matter which lie
knows to be false is guilty of perjury.
(Added by Initiative Measure approved by the electors June 4, 1974, eff. Jan. 7, 1975.
Amended by Stats.1985. c. 775. § 1.)
§ 87100. Public officials; state and local; financial interest
No public official at any level of state or local government shall make,
participate in making or in any way attempt to use his official position to
influence a governmental decision in which he knows or has reason to know
he has a financial interest.
(Added by Initiative Measure approved by the electors June 4, 1974, eff. Jan. 7, 1975.)
$ 87101. Participation in legal governmental action or decision
Section 87100 does not prevent any public official from making or partici-
pating in the making of a governmental decision to the extent his partic-
ipation is Iegally required for the action or decision to be made. The fact that
an official's vote is needed to break a tie does not make his participation
legally required for purposes of this section.
(Added by Initiative Measure approved by the electors June 4, 1974, eff. Jan. 7. 1975.)
§ 87102. Additional requirements; remedies
The requirements of Section 87100 are in addition to the requirements of articles 2 (commencing
with Section 87200) and 3 ' ' ' (commencing with Section 87300) and any Conflict of Interest i,o ee
adopted thereunder. ' ` ' Except as orovided in Section 87102.5, the remedies provided in Chapters
3 (commencing with Section 83100) and 11(commencing with Section 91000) shall not be applicable to
elected state officers for violations or threatened violations of this article.
(Amended by Stau.1990, m 84 (S.B.1738), 1 6.)
§ 87103. Financial interest in decision by officiaL
An official has a financial interest in a decision within the meaning of
Section 87100 if it is reasonably foreseeable that the decision will have a
material financial effect, distinguishable from its effect on -the public general-
ly, on the official or a member of his or her immediate family or on:
(a) Any business entity in which the public official has a direct or indirect
investment worth one thousand dollars ($1,000) or more.
(b) Any real property in which the public official has a direct or indirect
interest worth one thousand dollars ($1,000) or more.
(c) Any source of income, other than gifts and other than loans by a
commercial lending institution in the regular course of business on terms
available to the public without regard to official status, aggregating two
hundred fifty dollars ($250) or more in value provided to, received by or
promised to the public official within 12 months prior to the time when the
decision is made.
- 6f
-
GOVERNMENT CODE
§87103 (continued)
(d) Any business entity in which the public official is a director, officer,
partner, trustee, employee, or holds any position of management.
(e) Any donor of, or any intermediary or agent for a donor of, a gift or gifts
aggregating two hundred fifty dollars ($250) or more in value provided to,
received by, or promised to the public official within 12 months prior to the
time when the decision is made.
For purposes of this section, indirect investment or interest means any
investment or interest owned by the spouse or dependent child of a public
official, by an agent on behalf of a public official, or by a business entity or
trust in which the official, the official's agents, spouse, and dependent chil-
dren own directly, indirectly, or beneficially a 10-percent interest or greater.
(Added by Initiative Measure approved by the electors June 4, 1974, eff. Jan. 7, 1975.
Amended by Stats.1979, c. 686, p. 2152, § 2; Stats.1980, c. 183, p. 405, § 2; Stats.1984,
c. 931, § 4; Stats.1985, c. 611, § 1.5.)
§ 87103.5. Retail customer of business entity doing retail business
Notwithstanding subdivision (c) of Section 87103, a retail customer of a
business entity engaged in retail sales of goods or services to the public
generally is not a source of income to an official who owns a 10-percent or
greater interest in the entity if the retail customers of the business entity
constitute a significant segment of the public generally, and the amount of
income received by the business entity from the customer is not distinguish-
able from the amount of income received from its other retail customers.
(Added by Stats.1984, c. 931. § 5.)
4 87200. Applieability
This article is applicable to elected state officers, judges and commissioners of courts of the judidW
branch of government, members of the Public Utilities Commission, members of the State Energy
Resources Conservation and Development Commission, members of the . Fair. Political Practices
Commission, members of the California Coastal Commission, members of planning commissions,
members of the board of supervisors, district attorneys, county counsels, eounty treasurers, and
chief administrative officers of counties, mayors, cio managers, city attorneys, eitL_ treasures chief
administrative officers and members of city councils of cities, and other public officials who man
public investments, and to candidates for any of these offices at any election.
(Amended by Stats.1989, c. 403, 4 1.)
§ 87201. Candidates; statement
Every candidate for 'an office specified in Section 87200 other than a justice
of an appellate or the Supreme Court shall file no later than the final filing
date of a declaration of candidacy, a statement disclosing his or her invest-
ments and his or her interests in real property.
Such statement shall not be required if the candidate has filed, within 60
days prior to the filing of his or her declaration of candidacy, a statement for
the same jurisdiction pursuant to Section 87202 or 87203.
(Added by Initiative Measure approved by the electors June 4. 1974, cff. Jan. 7, .1975.
Amended by Stats.1977, c. 1193, p.' 3964, § 12; Stats.1980, c. 928, p. 2951. § 1;
Stats.1984, c. 931, § 6.)
GOVERNMENT CODE
§ 87202. Elected and appointed officials; confirmation; statement; time
(a) Every person who is elected to an office specified in Section 87200 shall, within 30 days after
assuming the office, file It statement disclosing his or her investments and his or her interests in real
property held on the date of assuming office ancdincome received during t _e 12 months before
assuming office. Every person who is appointed or nominate to an o ice specified m ection 87200
s all i e such a statement not more than 10 days after assuming office, provided, however, that a
person appointed or nominated to such an office who is subject to confirmation by the Commission on
Judicial Appointments or the State Senate shall file such a statement no more than 10 days after the
appointment or nomination.
The statement shall not be required if the person has filed, within 60 days prior to ' ' ' assuming
off, a statement for the same jurisdiction pursuant to Section ' ' ' 87208.
(b) Every elected state officer who assumes office during the month of December or January shall
file a statement pursuant to Section. 87203 instead of this sections except that:
The period covered for ' ' ' re rtin investments and interests in real property shall begin on
the date the person filed his ' ' ' or her declarations of candidacy. =s"
2) The period covered for reporting income shall begin 12 months prior to the date the person
assumed office.
(Amended by Stats.1989, c. 499,
§ 87207. Income; statement; contents
(a) When income is required to be reported under this article, the statement shall contain, except
as provided in subdivision (b):
(1) The name and address of each source of income aggregating two hundred fifty dollars ($250) or
more in value, or fifty dollars ($50) or more in value if the income was a gift, and a general
description of the business activity, if any, of each source;
(2) A statement whether the aggregate value of income from each source, or in the case of a loan,
the highest amount owed to each source, was at least two hundred fifty dollars ($250) but did not
exceed one thousand dollars ($1,000), whether it was in excess of one thousand dollars ($1,000) but
was not greater than ten thousand dollars ($10,000), or whether it was greater than ten thousand
dollars ($10,000);
(3) A description of the consideration, if any, for which the income was received;
(4) In the case of a gift, the amount and the date on which the gift was received.
(5) In the case of a loan, the annual interest rate and the security, if any, given for the loan.
(b) When the filer's pro rats share of income to a business entity, including income to a sole
proprietorship, is required to be reported under this article, the statement shall contain:
(1) The name, address, and a general description of the business activity of the business entity;
(2) The name of every person from whom the business entity received payments if the filer's pro
rats share of gross receipts from such person was equal to or greater than ten thousand dollars
($10,000) during a calendar year.
(c) When a payment, including an advance or reimbursement, for travel is required to be reported
pursuant to this section, it may be reported on a separate travel reimbursement schedule which shall
be included in the filer's statement of economic interest. A filer who chooses not to use the travel
schedule shall disclose payments for travel as a gift, unless it is clear from all surrounding
circumstances that the services provided were equal to or greater in value than the payments for the
travel, in which case the travel may be reported as income.
(Amended by Stats.1990, c. 1075 (A.B.4143), § 4.)
GOVERNMENT CODE
§ 87300. Agency; adoption and promulgation; effect of violation
Every agency shall adopt and promulgate a Conflict of Interest Code
pursuant to the provisions of this article. A Conflict of Interest Code shall
have the force of law and any violation of a Conflict of Interest Code by a
designated employee shall be deemed a violation of this chapter.
(Added by Initiative Measure approved by the electors June 4, 1974, eff. Jan. 7, 1975.)
187WL Required provisions
Each Conflict of Interest Code shall contain the following provisions:
(a) Specific enumeration of the positions within the agency, other than those specified in Section
87200, which involve the making or participation in the making of decisions which may foreseeably
have a material effect on any financial interest and for each such enumerated position, the specific
types of investments, business positions. interests in real property, and sources of income Which are
reportable. An investment. business position, interest in real property, or source of income shall be
made reportable by the Conflict. of Interest Code if the business entity in which the investment or
business position is held. the interest in real property, or the income or source of income may
foreseeably be affected materially by any decision made or participated in by the designated
employee by virtue of his or her position.
(b) Requirements that each designated employee. other than those specified in Section 37200, file
statements at times and under circumstances described in this section, disclosing reportable invest
meats, business positions, interests in real property and income. The information disclosed with
respect to reportable investments, interests in real property, and income shall be the same as the
information required by Sections 87206 and 37207. The first statement filed under a Conflict of
Interest Code by a designated employee shall disclose any reportable investments. business positions.
interests in real property, and income. An initial statement shall be Sled by each designated
employee within 30 days after the effective date of the Conflict of Interest Code, disclosing
investments. business positions, and interests in real property held on the effective date of the
Conflict of Interest Code and income received during the 12 months before the effective date of the
Conflict of Interest Code. Thereafter. each new designated employee shall file a statement within 30
days after assuming office, or if subject to State Senate confirmation. 30 days after being appointed
or nominated. disclosing investments, business positions, and interests is real property held on, and
income received during the 12 months before. the date of assuming office or the data of being
appointed or nominated, respectively. Each designated employee shall file an annual statement, at
the time specified in the Conflict of Interest Code, disclosing reportable investments, business
positions~ interest in real property and income held or received at any time during the previous
calendar year or since the date the designated employee took office if during the calendar year.
Every designated employee who leaves office shall file, within 30 days of leaving office. a statement
disclosing reportable investments. business positions. interests in real property, and income held or
received at any time during the period between the closing date of the last statement required to be
filed and the date of leaving office.
(c) Specific provisions setting forth any circumstances under which designated employees or
categories of designated employees must disqualify themselves from making, participating in the
making, or using their official, position to influence the making of any decision. Disqualification shall
be required by the Conflict of Interest Code when the designated employee has a financial interest as
defined in Section 8T103. which it is reasonably foreseeable may be affected materially by the
decision. No designated employee shall be required to disqualify himself or herself With respect to
any matter which could not legally be acted upon or decided without his or her participation.
(d) For any position enumerated pursuant to snbdMWn (a), an individual who resigns the position
within 45 days following initial appointment is not deemed to assume or leave offieL provided that
during the period between appointment and resignation, the individual does not makepsrdapate in
aiding, or use the position to influence any decision of the agency or receim or become entitled to
reeeiany form of payment by virtue of being appointed to the position.
(Amended by Stats.1987, c- 1188, 1 % Stats.1989, c. 499, 1 9-"0 Stati.1991, c. 97 (AJ3.1271). 1 1.)
00011 moo,
GOVERNMENT CODE
$ 87500. Statements of economic interests
Statements of economic interests required by this chapter shall be filed as
follows:
(a) Statewide elected officer —one original with the agency which shall make and retain a copy and
forward the original to the commission, which shall retain the original and send one copy to the
Registrar -Recorder of Los Angeles County and one copy with the Clerk of the City and County of
San Francisco. The commission shall be the filing officer.
(b) Candidates for statewide elective office —one original with the person with whom the candi-
date's declaration of candidacy is filed, who shall forward the original to the commission which shall
retain the original and send one copy to the Registrar -Recorder of Los Angeles County and one copy
with the Clerk of the City and County of San Francisco. The commission shall be the filing officer.
(c) Members of the Legislature and Board of Equalization —one original with the agency which
shall make and retain a copy and forward the original to the commission, which shall retain the
original and send one copy to the clerk of the county which contains the largest percentage of
registered voters in the election district which the officeholder represents, and one copy to the clerk
of the county in which the officeholder resides. No more than one copy of each statement need be
filed with the clerk of any one county. The commission shall be the filing officer.
(d) Candidates for the Legislature or the Board of Equalization —one original with the person with
whom the candidate's declaration of candidacy is filed, who shall forward the original to the
commission which shall retain the original and send one copy to the clerk of the county which
contains the largest percentage of registered voters in the election district in which the candidate
seeks nomination or election, and one copy to the clerk of the county in which the candidate resides.
No more than one copy of each statement need be filed with the clerk of any one county. The
commission shall be the filing officer.
(e) Persons holding the office of chief administrative officer and candidates for and persons
holding the office of district attorney, county counsel, and member of the board of supervisors —one
original with the county clerk who shall make and retain a copy and forward the original to the
commission which shall be the filing officer.
(f) Persons holding the office of city manager or, if there is no city manager, the chief
administrative officer, and candidates for and persons holding the office of city council member, city
attorney, and mayor —one original with the city clerk who shall make and retain a copy and forward
the original to the commission which shall be the filing officer.
(g) Members of the Public Utilities Commission, members of the State Energy Resources Conser-
vation and Development Commission, planning commissioners, and members of the California
• Coastal Commission --one original with the agency which shall make and retain a copy and forward
the original to the commission which shall be the filing officer.
(h) Members of the Fair Political Practices Commission —one original with the commission which
shad make and retain a copy and forward the original to the office of the Attorney General which
shall be the filing officer.
(i) Judges, court commissioners, and candidates for the office of judge —one original with the clerk
of the court who shall make and retain a copy and forward the original to the commission which shall
be the filing officer.
() Except as provided for in subdivision (k), heads of agencies, members of boards or commissions
not under a department of state government or members of boards or commissions not under the
jurisdiction of a local legislative body —one original with the agency, which shall make and retain a
copy and forward the original to the code reviewing body which shall be the filing officer. In its
discretion, the code reviewing body may provide that the original be. filed directly with the code
rariewing body and that no copy be retained by the agency.
(k) Heads of local government agencies and members of local government boards or commissions,
for which the Fair Political Practices Commission is the code reviewing body, one original to the
agency or board or commission which shall be the filing officer, unless at its discretion the Fair
Political Practices Commission elects to act as the filing officer. In this instance, the original shall
be filed with the agency or board or commission, which shall make and retain a copy and forward the
origmai to the Fair Political Practices Commission.
e
GOVERNMENT CODE
§87500 (continued)
(n Designated employees of the Legislature —one original with the house of the Legislature by
which the designated employee is employed. In its discretion. each house of the Legislatvre may
provide that the originals of statements filed by its designated employees be filed directly with the
commission, and that no copies be retained by that house.
m) Desi aced employees under contract to more than one joint powers insurance agency and who
elect to file a multiagency statement pursuant to on 8 350 the original of the statement with
e commission which shall be the Mine officer, Un-d a statement with agency with which they
ace under con declaring that their statement of economic interests is on file with the
commission and available upon request.
. W Persons not mentioned above --one original with the agency or with the code reviewing body,
as provided by the code reviewing body m the agency's conflict of interest code.
(Amended by Stats.1988, c. 709, § 2; Stats.1990, c. 69 (A.B.2297). § 2.)
PENAL CODE
§ 118. Perjury defined
Every Person who, having taken an oath flint fie will testify, declare, depose,
or certify truly before any competent tribunal, officer, or person, in any of file
cases in which such an oath may by law of the State of California be
administered, willftilly and contrary to such oath, states ns true any ntnterinl
matter which fie knows to be fnise. and every rcrson who testifies, dcclnres,
deposes, or certifies under penalty of perjury in nny of the cases in which
such testimony, declnrntions, depositions, or certification is permitted by law
of the State of California under penalty of perjury and wilfully states as true
any material matter which fie knows to be false, is guilty of perjury.
This section is npplicnble whether the stsitement, or the Icstimony, declnrn-
lion, deposition, or certification is made or subscribed within or without the
State of California.
(b) Nn person shall be eonvletecl of perjury whero proof of falsity rests iolely opotl eontroActton
by testitnonP of ok single person other then the detendsht, . Ptoet of: falsity msy,b6.Ntebltshld.bT
direct or lndttect evidene-e.
(Att;endeA 6ji'gteG.19b90 e. e010 i 18; e. 090 T
§ 126. Punishment
ref jury is punishable by imprisonment in' the state prison for two, three or
four years.
(Enacted 1872. Amended by Sta(s.1976. c. 1139, p. 5092, § 118. operative July i,
1971.)
D.
CONFLICT OF INTEREST
EXCERPT FROM PLANNING COMMISSION HANDBOOK
RULES OF OFFICIAL
CONDUCT
Legal Liability of Public Officials
The law if a wide variety of mandatory duties on city officials, whether
city council members, planning commission members, or city staff. Failure to
comply with legal requirements can cause the city to be liable for damages and
for attorney fees. Generally speaking, however, individual city officials are not
personally liable.
Where state law imposes public liability for actions resulting in damage, the
city must provide its officials with a defense if they are sued and pay any
judgment which might be entered against them.
There are some exceptions to this general rule:
a. When one acts out of fraud, corruption or malice:
b. When one violates the conflict of interest rules; or
c. When one is not acting within scope of his authority.
In addition to state law, as a possible source of public liability exists for
violation of constitutional rights under 42 U.S.C. § 1983. a federal civil rights
statute. There are two possible defenses available to. an individual under this
statute:
a. Absolute immunity where one is taking a legislative action. Kuzinich
v. Santa Clara,689 F.2d 1345 (9th Cir. 1982).
b.0ualified immunity for good faith actions, i.e., those taken on the basis
of a sincere and reasonable belief that the conduct is constitutional.
Although an individual city official may be immune from liability in Section
1983 actions, the city is not.
Conflicts of Interest
The goal of the conflict of interest laws is to require public officials to make
decisions without being influenced by personal financial interests. Toward this
goal, the laws require disclosure of certain private financial interests and
disqualification from decision -making under certain circumstances.
Conflict of interest laws balance two competing interests. On the one hand,
decisions must be made to benefit the public, not private financial interests. At
the same time, conflict of interest laws are not designed to insulate officials from
difficult decisions. Making tough decisions is, after all, one of the primary duties
of a public official. If officials fail to participate when they do not have a genuine
conflict of interest, they are not carrying out the responsibilities for which they
were elected or appointed.
Political Reform Act
There are a number of laws which define conflict of interest standards. The
Political Reform Act (Government Code § 81000 et seq.) is the most comprehen-
sive. It provides that "no public official at any level of state or local government
shall make. participate in making or in any way attempt to use his official position
to influence a governmental decision in which he knows or has reason to know _
he has a financial interest." (Government Code § 87100).
i
16 �ov
2 11-H Rules of Official Conduct
The Political Reform Act also requires public officials to file periodic state-
ments disclosing their financial interests. Disclosure is made on forms called
"Statements of Economic Interests." The city clerk usually administers these
requirements and should be consulted when preparing the forms.
The Political Reform Act also requires public officials to disqualify them-
selves on a particular issue if they have a conflict of interest. A public official or
employee has a conflict of interest when all of the following occur:
1.The official makes, participates in, or uses his official position to
influence a governmental decision.
2.It is foreseeable that the decision will affect a financial interest of the
official.
3.The effect of the decision on the official's financial interest will be
material.
4.The effect of the decision on the official's financial interest will be
distinguishable from its effect on the public generally.
Financial interests which may require disqualification include:
1. A business entity in which the official has an investment of $1,000 or
more.
2. Real property in which the official has an interest of $1,000 or more.
3. A person or business entity from which the official has received the
sum of $250 or more, or the official's spouse has received the sum of
$500 or more in the past twelve months.
4. A business entity in which the official is a director, officer, partner or
trustee, employee or holds a position of management.
S. A donor, or an agent or intermediary for a donor of gifts worth $250 or
more and which were received by the official within twelve months prior
to the decision.
These provisions apply to financial interests owned by the spouse or
dependent children of public officials, or by business entities or trusts in which
the official, official's spouse or dependent children own a ten percent or greater
interest.
The Political Reform Act is quite complex. In practical terms, when officials
have an interest in a business, a piece of real property, a source of income, or
have recently received a contribution of $250 or more relating to a matter coming
before the commission, they should consult with the city attorney or with the Fair
Political Practices Commission (FPPC) before the decision so any potential
conflicts can be avoided. The FPPC is a state agency which provides advice and
opinions concerning potential conflicts of interest arising under the Political
Reform Act.
When an official has a conflict, the official must not only disqualify himself
from voting, but must also refrain from participating in any debate on the matter.
The disqualification must be made on the record. Planning commissioners
participate in the making of governmental decisions when they make recommen-
dations, prepare reports or letters, or otherwise give advice to the city council or
other decision -makers.
Public officials illegally use their position to influence a governmental
decision if they appear before their own agency, or contact any member or
employee of the agency. Thus, a member of a planning commission who also is
—76tow
r
11-H Rules of Official Conduct 3
an architect or attorney is prohibited from representing clients before the
commission. A commission member may prepare architectural or engineering
drawings, but only if the member does not have direct, oral or written contact with
the agency, except staff contact necessary to review the drawings. The FPPC
has adopted regulations which allow commission members who are sole
practitioners to present architectural drawings in certain limited circumstances
(2 Cal. Adm. Code Section 18700.1(b)(5)).
One section of the Political Reform Act (Government Code § 84308) is of
particular importance to members of planning commissions who are running for
office or active in political campaigns. It prohibits elected or appointed officers,
alternates, or candidates who serve on quasi-judicial boards or commissions,
from receiving, soliciting, or directing campaign contributions of $250 or more
coming from applicants or others with a financial interest in a pending matter. The
prohibition is in effect while the application is pending and for three months after
the decision is rendered. The officers of such agencies must disclose any such
contributions received within 12 months preceding the date of the application.
City councils, however, while acting as a body, are exempt from Section 84308.
If members of a planning commission have been involved in any way in soliciting
or receiving campaign contributions, or have run for office and received
contributions from an applicant, they should check with the city attorney.
The Political Reform Act provides both civil and criminal penalties. The
district attorney is responsible for enforcing local violations of the Act. The FPPC
also enforces provisions of the Act through administrative proceedings and
recently has expanded its enforcement staff to substantially increase its activi-
ties at the local level. In addition, any person residing in the jurisdiction may file
a citizen's action.
Persons who violate the conflict of interest laws may be liable for fines of up
to three times the value of an economic benefit realized as a result of the violation.
In addition, any person convicted of a criminal violation is prohibited from
running for office for four years following the date of conviction. The court also
has authority to set aside an official action in which a conflict of interest occurred.
Contracting prohibition
Problems also may arise when a local government contracts for goods.
services, public works projects or other activities involving expenditures of
public funds. Government Code Section 1090 prohibits city officers or employ-
ees from holding a financial interest in any contract made by them in their official
capacity. or by anybody or board of which they are members.
Specifically. Section 1090 states that neither city officers nor employees may
be "purchasers at any sale or vendors at any purchase made by them in their
official capacity." In the case of city contracts, it is not enough for officials to
disqualify themselves from the decision -making process. The law forbids the
local government body from entering into a. contract with a firm in which a
member of that body has a financial interest.
Incompatible activities
Local agencies, officers and employees may not engage in any employment
activity, or enterprise for compensation which is inconsistent or incompatible
with their official duties (Government Code § 1126). Officers and employees are
prohibited from performing work for compensation if the decision to contract for
such work is subject to approval by any other officer, employee, board or
commission of the public entity — unless specifically approved. Although this
exception appears quite broad, it was narrowly interpreted in Mazzola v. City and
Or *77, 40W
11-H Rules of Official Conduct
County of San Francisco, 112 Cal. App. 3d 41 (1980). The practical impact of the
Mazzola decision is to require a public entity to adopt specific rules and
regulations defining incompatible activities before a person can be found in
violation.
There is also a common law prohibition against incompatible activities which
prevents a public official from holding another official position that is incompat-
ible with the first office.
Local regulations
Some City charters and ordinances also contain conflict of interest provi-
sions. Sometimes these provisions are more comprehensive or more rigid that
state law and they should be thoroughly understood.
To avoid the pitfalls of conflict of interest law, officials should be mindful of
circumstances where private interests are affected by public decisions. When-
ever an official suspects that he or she may have a conflict of interest, the official
should consult the city attorney. It is important to remember that public officials
can be removed from office for misconduct (Government Code §§ 3060 and
3074).
What constitutes a "meeting" sometimes may present a difficult question. Of
course, all special and regular meetings of a legislative body, including a
planning commission, are "meetings" and thus are required to be noticed in
advance and open to the public. Sometimes questions arise concerning informal
meetings of a majority of the members of a board. However, a meeting is any
gathering of a quorum of a legislative body where business is transacted or
discussed, no matter how informal.
In addition, a series of meetings or conversations, each of which technically
involves less than a quorum of the agency's membership, but which taken as a
whole involves a majority of the agency's members, is a "meeting." For example,
a series of telephone conversations, each between a member of the governing
body of the local agency and its attorney, for the commonly agreed purpose of
obtaining a collective commitment by the majority of that body concerning public
business, constitutes a "meeting" within the purview of the Brown Act. Stockton
Newspapers, Inc. v. Redevelopment Agency of the City of Stockton, 171 Cal.
App. 3d 95 (1985).
The time for regular meetings is established by the planning commission.
The agenda for each regular meeting must be publicly posted at least 72 hours
prior to the meeting, and the planning commission may not act on items not
included in the posted agenda. Items may be added to the agenda only if they
involve an emergency or the need to take action arose after the agenda was
posted. Any property owner within the jurisdiction may request mailed notice of
every meeting; the city may establish a fee for the costs of providing such notice.
A regular meeting may be adjourned to a time and place specified in the order
of adjournment. The resulting continued meeting is considered a regular meeting
for all purposes.
The chairperson or a majority of the planning commissioners may call a
special meeting, but an agenda must be posted 24 hours in advance and 24-
hour written notice must be given to each commissioner and each newspaper.
radio or television station requesting notice. Any commissioner may waive the
written notice by filing a written waiver of notice with the clerk or merely by
attending the special meeting. The commission can meet in certain defined
emergencies without complying with the 24-hour notice requirement.
11-H Rules of Official Conduct 5
Members of the public cannot be required to register their name or fulfill any
other condition for attendance at a meeting. Any person may record the
proceedings unless such recording could reasonably be determined to be a
disruption. In the event a meeting is willfully interrupted by a group and cannot
be continued. and order cannot be restored by removal of the individuals who
are willfully interrupting the meeting, the room may be cleared and the session
continued. Members of the press may remain and the legislative body may only
consider matters on the agenda.
A legislative body may meet in closed or non-public .session under limited
circumstances, but it is important to note that the courts have consistently
construed this authorization for closed sessions narrowly. Most of the exceptions
to the open meeting requirement do not apply to a planning commission. The
planning commission may meet in closed session to confer with, or receive
advice from, its legal counsel regarding pending or reasonably anticipated
litigation. Prior to holding a closed session to discuss pending litigation, the
legislative body must state publicly the reasons for holding the closed session,
including the title of the case if an action has been filed.
00, 7f fiew
r 9
O^1t
EXCERPT FROM
INOW
#111111mS
;;0; League of California Cities
1400 K S TRF_ET . SACRAMENTO. CA (15814 . (9161 444-5; 90
l:,1l,l0rnr7 l'•(rP$
bVnrk rngefhAr
CITY ATTORNEYS NEWSLETTER
March 1992
-----------------
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Senator Kopp Proposes
Major Expansion of Brown Act
Senator Kopp has introduced a bill, SB 1538, which will
substantially revise many Brown Act provisions. In his own
words, the hill will do the following:
1. Apply Brown Act to meetings of nonprofit boards
when they discuss programs funded by tax money.
2. Apply Brown Act to meetings of any body which
receives funds from an agency and has one of the
agency's officers on its board -- without proof of
whether the officer's presence is "official".
3. Apply Brown Act to meetings of bodies which exercise
authority delegated by a government body -- including
private corporations.
4. Apply Brown Act to permanent committee of boards
and councils, meeting as a sub -quorum of the main
legislative body or otherwise'.
5. Apply Brown Act to the body -elect of newly
incorporated cities or newly -formed districts before the
members are sworn in as officials.
6. Define "meeting" to include serial communication
processes, use of electronic media, personal
intermediaries to achieve quorum consensus: exempt
attendance at professional conferences or social events
if no quorum discussion of local business occurs.
�a
7. Expressly permit filming, videotaping and still
photography unless body can demonstrate specific
disruptive effects; prohibit destruction of official tapes
once a request to inspect or copy is made.
8. Prohibit meetings outside territory (�.&, retreats)
unless necessary to inspect real property or a
particular site.
9. Require agendas to provide meaningful descriptions of
matters for open session; prohibit even discussion of
non-calendared matters; toughen standards for acting
on "urgent" but non-calendared matters.
10. Require the provision of public comment time at
special as well as regular meetings; prohibit the cen-
sorship of public comment critical of public agencies
on a "personnel" pretext.
11. Prescribe a fixed format for specific factual agenda
disclosures relative to all closed sessions.
12. Prohibit closed sessions on "pending litigation" to
discuss hypothetical legal challenges to action not yet
taken; end requirement for confidential memos from
agency attorney justifying closed sessions on litigation.
13. Prohibit closed "personnel" sessions to discuss elected
officials, members of legislative bodies or independent
contractor service providers.
14. Require specific disclosures of actions taken in closed
session -- and related documents -- as soon thereafter
as possible consistent with reason for closed session.
15. Require tape recording of closed sessions by any
legislative body which has received donated funding
for that purpose; place tapes in custody of district
attorney; open tapes to review by district attorney,
grand jury or superior court in cases of Brown Act
litigation.
16. Require immediate Public Records Act access to any
documents given by any person to a quorum of a body
in connection with a public meeting; make such
documents independently accessible under the Public
Relations Act even if not yet distributed; limit copying
charges for such documents to five cents per page.
a
0
17. Limit closed sessions on collective bargaining to
situations where such bargaining is under way;
preclude agency executives from using closed sessions
to negotiate their own salary and benefits.
18. Require statement of reasons for closed sessions to be
made beforehand; in case of statements not on the
agenda, require them to be made with same specifics
required for agenda listings.
19. Punish as a misdemeanor any presence or
participation in a "meeting" by a member of a
legislative body, if action is taken with illegal secrecy
or surprise; eliminate requirement that member must
know Brown Act is being violated.
20. Provide that actions taken with sufficient (illegal)
secrecy to remain undiscovered for 30 days are subject
to immediate invalidation litigation without a demand
for cure or correction; provide that such actions are,
without exception, null and void, and cannot be
revisited by the same public officials who participated
in the illegal secrecy; provide that if discovered within
30 days, illegal actions to approve salary or
professional fee changes are reversible.
21. Require (not just permit) award of attorney's fees and
costs to plaintiffs in successful Brown Act litigation.
22. Prohibit meetings in places which are inaccessible to
wheelchairs or where money must be paid
restaurants) to be present.
23. Prohibit sanctions against members of bodies for
speeches at meetings or disclosures of matters the
members feel were improperly discussed in closed
session; allow for court orders to prevent repetition of
leaks which violate attorney -client privilege or
confidentiality in negotiations, based on .court finding
of harm to public interests; immunize public agency,
and non -participating members of body, from liability
for invasion of privacy for disclosures of individual
members; immunize legislative bodies for any
disclosures authorized by the majority in the public
interest.
Watch the Legislative Bulletin for information on legislative
-- hearings. Copies of the bill are available on CITYLINK or
from the bill room (916) 445-2323..
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c
Voiume 21. Humber 30 The officiai newspaper of the Association of California School Administrators March = 1992
Proposed "open meeting" bill causing talk
A hill to accomplish a major rewrite of the Ralph W Brown Act governing
open meetings has been introduced by Sen. Quentin Kopp (I -So. San
Francisco). This is the law which governs the oper-
ation of meetings held by school hoards, among
other legislative bodies.
ACSA's Legislation Committee adopted an
"oppose" ,position on SB 1538, which Sen. Kopp
says was introduced because, "Secret local govern-
ment negotiating sessions and 'retreats' have
become as commonplace as overcast skies in vari-
ous cities and counties. Such closed meetings and
'retreats' act as a fog, obscuring the public's right
to know what their government is doing."
The bill is co -sponsored by the Society of
Professional .Journalists and the California
Newspaper Publishers Association. It would make
some 25 major changes to the Brown Act, including:
Kopp
•Redefining the scope of the law to include meetings of groups which incltifle
public officials and spend public funds; meetings of private grrnips which are
given governmental authority or taxpayer funds to support public services;
meetings of standing committees of boards-, meetings of elected officials not
yet sworn in; and phone conferences or "meeting of minds" via persnnnl
intermediaries.
Prohibiting out-of-town "retreats" and delays in providing reports and (►flier
public records related to meetings.
*Requiring more "meaningful" descriptions of agenda items and specific
agenda disclosures about the topics of closed sessions.
•Prohibiting "litigation" closed sessions regarding hypotheticnl prnl)le►ns nr
policy actions not yet taken: "personnel" closed sessions regarding nlected
officials or independent contractors; and direct salary negotiations with an
employee in closed session.
*Requiring specific, timely reports of all action taken in closed session,
including the vote or abstention of every member present nn present and
pending litigation issues, claims for liability losses, certain personnel
actions, certain collective bargaining matters, and real estate negotiations.
*Requiring the board to audio tape every closed session, if recording equip-
ment has been donated to the body for that purpose.
•Permitting photography and filming of meetings; public comment at certain
special meetings, vigorous criticism during public comment periods: free
speech and disclosures by public officials without fear of sanctions.
s
.-kl
ORDINANCE NO. 2 4 6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA ESTABLISHING A CULTURAL AFFAIRS
COMMISSION
The City Council of the City of La Quints does ordain as follows:
SECTION 1. There is hereby added to the La Quinta Municipal Code Section 2.85,
which is to read as contained in Exhibit "A" hereby attached.
SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty
(30) days after its adoption.
SECTION 3. POSTING. The City Clerk shall, within 15 days after passage of this
Ordinance, cause it to be posted in at least three public places designated by resolution of the
City Council; shall certify to the adoption and posting of this Ordinance; and shall cause this
Ordinance and its certification, together with proof of posting to be entered into the Book of
Ordinances of the City of La Quinta.
The foregoing Ordinance was approved and adopted at a meeting of the City Council
of the City of La Quinta held on this 7th day of June . 1994, by the following
vote:
AYES: Council Members Bangerter, McCartney, Perkins, Sniff,
Mayor Pena
NOES: None
ABSENT: None
ABSTAIN: None
JOHN I MNA, (
City of La Quinta,
A
SAUNDRA L. JUHOCA, City Clerk
City of La Quinta, Califomia
0t�4111
DAWN HONEYWELL, Ci Attomey
City of La Quinta, Califomia
A
ORDDRFT.002 •
EXHIBIT "A"
Chapter 2.85
CULTURAL AFFAIRS COMMISSION
Sections:
2.85.010
Created -Defined.
2.85.020
Purpose and objectives.
2.85.030
Members -Appointments -Terms.
2.85.040
Offlcers-Selectlon.
2.85.050
Committees.
2.85.060
Meetings.
2.85.070
Removal from office.
2.85.080
Powers and duties.
2.85.090
Staffing.
2.85.010 Created -Defined.
The Cultural Affairs Commission is created and established. The term "Commission", as used in
this chapter, shall refer to the Cultural Affairs Commission.
2.85.020 Purpose and objectives.
The general purpose of the Commission is to encourage the development of primarily literary,
performing and visual art events and activities. Objectives of the Commission are as follows:
A. To advise the City Council on all matters affecting the culture of the City and to advise and
assist other City Boards, Committees, and Commissions in the field of the arts, and to cooperate and work
with all cultural and leisure organizations, locally and regionally to address arts in La Quinta;
B. To encourage and facilitate programs in the arts and to promote the cultural enrichment of the
community;
C. To undertake and cant' out all functions reasonably necessary to accomplish the objectives and
to discharge the functions of the Commission; and to exercise such other functions as may be prescribed
by the City Council. These functions may involve arts -related disciplines and activities, including, but not
limited to, the following:
1.
2.
3.
4.
5.
6.
Performing arts, such as drama, music and dance;
Visual arts, such as painting, sculpture, photography, graphics, video art and applied
art;
Literary arts, such as literature, poetry and journalism;
Communications arts involving film, television and radio;
Arts education, such as schools, libraries and community education; and
Funding, such as fund raisers, representatives of public and private funding
agencies and art patrons.
DOCCB.015
2.85.030 Members -Appointments -Terms.
A. The Commission shall consist of seven members appointed by the City Council.
B. The terms of office of members shall be initially staggered terms, with three members appointed
for one year, two members for two years, and two members for three years. All terms following initial
appointments shall be three year terms.
C. All terms of office shall commence on July 1st of the year of appointment. Vacancies in the
office of a member shall be filled for the unexpired term in the same manner in which regular appointments
are otherwise made.
D. Every effort will be made to ensure that a wide cross-section of social and leisure services,
Interests and viewpoints, including providers, recipients and professionally related occupations are
represented. Membership may include representation from all organized cultural organizations of La
Quinta, both public and private.
E. Commission members shall serve at the pleasure of the City Council, with compensation.
2.85.040 Officers -Selection.
A. The Chairperson of the Commission shall be elected by a majority vote of Commission
members in September of each year. A Vice Chairperson, to serve in the absence of the Chairperson,
shall likewise be elected.
B. The Chairperson shall preside at all meetings and provide for periodic reports to the City
Council on all recommendations of the Commission.
2.85.050 Committees.
A. The Commission may, from time to time, establish committees composed of citizens and/or
Interested people, charged with the responsibility of implementing certain designated projects subject to
Commission and City Council approval. At least one member of the Commission shall also be a member
of each committee.
2.85.060 Meetings.
A. The Commission shall meet once each month or as needed on the date(s) selected by the
Commission. Special meetings may be called by the Chairperson or a majority of the Commission in
accordance with state law.
B. A majority of appointed Commissioners shall constitute a quorum for the transaction of
business.
2.85.070 Removal from office.
Any of the Commission members may be removed at any time by the City Council. If a member
of the Commission does not attend three regular consecutive meetings, unless excused by a majority vote
of the Commission, his/her membership shall automatically be terminated, and his/her successor shall be
appointed by the City Council to serve the unexpired term.
DOCCB.015
2.85.080 Powers and duties.
A. The powers and duties of the cultural affairs Commission shall be as follows:
1. Advise the City Council on all matters pertaining to the arts in the community;
2. Make recommendations to the council concerning the resources and needs of the
community on the subject of the arts, opportunities for participation of artists and
performers in City -sponsored activities, and ways to encourage community
Involvement;
3. Make recommendations to the council regarding the funding of community art
events and activities, including the search for private and public grants, and
regarding the disbursement of revenues consistent with the needs of the community;
4. Work cooperatively with City Boards, Commissions, and Committees, and other
public and private organizations in promoting art and cultural activities within the
City;
5. Encourage public and private partnerships to assure the survival of the arts and
artists in the City;
6. Encourage the flow of art into the City and stimulate art and cultural activities among
residents of the City;
7. Implement such art and cultural activities as may be delegated to it from time to
time by the council, including the selection of artists for art programs and projects,
and the award of contracts for art projects and programs;
8. Make recommendations concerning the spending of monies which may be
earmarked for art purposes by the council from time to time;
9. Develop public art awareness through the presentation of speakers, forums, mixers
and special events; and
10. Create opportunities for the development and enhancement of children, youth, and
senior art and cultural activities.
2.85.090 Staffing.
A. All departments of the City, through the Office of the City Manager, shall furnish appropriate
existing public information, data and records, and provide technical assistance and advice as required,
within reason, as an aid to the Commission and its Committees in the performance of designated duties.
B. The City Manager shall, within reason or budgetary constrains, provide or cause to be provided
adequate staff, clerical help, and maintain files and records for the Commission.
C. The City Council shall annually review the progress of the Commission.
DOCCB.015
CULTURAL AFFAIRS COMMISSION
APPLICATIONS
ORDINANCE NO. 4 6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, .CALIFORNIA ESTABLISHING A CULTURAL AFFAIRS
COMMISSION
The City Council of the City of La Quints does ordain as follows:
SECTION 1. There is hereby added to the La Quints Municipal Code Section 2.85,
which is to read as contained in Exhibit "A" hereby attached.
SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty
(30) days after its adoption.
SECTION 3. POSTING. The City Clerk shall, within 15 days after passage of this
Ordinance, cause it to be posted in at least three public places designated by resolution of the
City Council; shall certify to the adoption and posting of this Ordinance; and shall cause this
Ordinance and its certification, together with proof of posting to be entered into the Book of
Ordinances of the City of La Quinta.
The foregoing Ordinance was approved and adopted at a meeting of the City Council
of the City of La Quinta held on this day of June . 1994, by the following
vote:
AYES: Council Members Bangerter, McCartney, Perkins, Sniff,
Mayor Pena
NOES: No
ABSENT: None
ABSTAIN: None
JOHN J. I ENA, M*ot
City of La Quinta, Ealifornia
A
T:
SAUNDRA L. JUHOLA, City Clerk
City of La Quinta, California
0 rvZn-4 . . '14 A.110
— /&Z 1 1-4- � DAWN HONEYWELL, CIO Attorney
City of La Quinta, California
ORDDRFT.002
EXHIBIT "A"
Chapter 2.85
CULTURAL AFFAIRS COMMISSION
Sections:
2.85.010
Created -Defined.
2.85.020
Purpose and objectives.
2.85.030
Members -Appointments -Terms.
2.85.040
Officers -Selection.
2.85.050
Committees.
2.85.060
Meetings.
2.85.070
Removal from office.
2.85.080
Powers and duties.
2.85.090
Staffing.
2.85.010 Created -Defined.
The Cultural Affairs Commission is created and established. The term "Commission", as used in
this chapter, shall refer to the Cultural Affairs Commission.
2.85.020 Purpose and objectives.
The general purpose of the Commission is to encourage the development of primarily literary,
performing and visual art events and activities. Objectives of the Commission are as follows:
A. To advise the City Council on all matters affecting the culture of the City and to advise and
assist other City Boards, Committees, and Commissions in the field of the arts, and to cooperate and work
with all cultural and leisure organizations, locally and regionally to address arts in La Ouinta;
B. To encourage and facilitate programs in the arts and to promote the cultural enrichment of the
community;
C. To undertake and cant' out all functions reasonably necessary to accomplish the objectives and
to discharge the functions of the Commission; and to exercise such other functions as may be prescribed
by the City Council. These functions may involve arts -related disciplines and activities, including, but not
limited to, the following:
1. Performing arts, such as drama, music and dance;
2. Visual arts, such as painting, sculpture, photography, graphics, video art and applied
art;
3. Literary arts, such as literature, poetry and journalism;
4. Communications arts involving film, television and radio;
5. Arts education, such as schools, libraries and community education; and
6. Funding, such as fund raisers, representatives of public and private funding
agencies and art patrons.
DOCCB.015
2.85.030 Members -Appointments -Terms.
A. The Commission shall consist of seven members appointed by the City Council.
B. The terns of office of members shall be initially staggered terms, with three members appointed
for one year, two members for two years, and two members for three years. All terms following initial
appointments shall be three year terms.
C. All terms of office shall commence on July 1st of the year of appointment. Vacancies in the
office of a member shall be filled for the unexpired term in the same manner in which regular appointments
are otherwise made.
D. Every effort will ' be made to ensure that a wide cross-section of social and leisure services,
Interests and viewpoints, including providers, recipients and professionally related occupations are
represented. Membership may include representation from all organized cultural organizations of La
Quanta, both public and private.
E. Commission members shall serve at the pleasure of the City Council, with compensation.
2.85,040 Officers -Selection.
A. The Chairperson of the Commission shall be elected by a majority vote of Commission
members in September of each year. A Vice Chairperson, to serve in the absence of the Chairperson,
shall likewise be elected.
B. The Chairperson shall preside at all meetings and provide for periodic reports to the City
Council on all recommendations of the Commission.
2.85.050 Committees.
A. The Commission may, from time to time, establish committees composed of citizens and/or
Interested people, charged with the responsibility of implementing certain designated projects subject to
- Commission and City Council approval. At least one member of the Commission shall also be a member
of each committee.
2.85.060 Nleetings.
A. The Commission shall meet once each month or as needed on the date(s) selected by the
Commission. Special meetings may be called by the Chairperson or a majority of the Commission in
accordance with state law.
B. A majority of appointed Commissioners shall constitute a quorum for the transaction of
business.
L85.070 Removal from office.
Any of the Commission members may be removed at any time by the City Council. If a member
of the Commission does not attend three regular consecutive meetings, unless excused by a majority vote
of the Commission, his/her membership shall automatically be terminated, and his/her successor shall be
appointed by the City Council to serve the unexpired term.
DOCCB.015
2.85.080 Powers and duties.
A. The powers and duties of the cultural affairs Commission shall be as follows:
1. Advise the City Council on all matters pertaining to the arts in the community;
2. Make recommendations to the council concerning the resources and needs of the
community on the subject of the arts, opportunities for participation of artists and
performers in City -sponsored activities, and ways to encourage community
Involvement;
3. Make recommendations to the council regarding the funding of community art
events and activities, including the search for private and public grants, and
regarding the disbursement of revenues consistent with the needs of the community;
4. Work cooperatively with City Boards, Commissions, and Committees, and other
public and private organizations in promoting art and cultural activities within the
City;
5. Encourage public and private partnerships to assure the survival of the arts and
artists in the City;
6. Encourage the flow of art into the City and stimulate art and cultural activities among
residents of the City;
7. Implement such art and cultural activities as may be delegated to it from time to
time by the council, including the selection of artists for art programs and projects,
and the award of contracts for art projects and programs;
8. Make recommendations concerning the spending of monies which may be
earmarked for art purposes by the council from time to time;
9. Develop public art awareness through the presentation of speakers, forums, mixers
and special events; and
10. Create opportunities for the development and enhancement of children, youth, and
senior art and cultural activities.
2.85.090 Staffing.
A. All departments of the City, through the Office of the City Manager, shall furnish appropriate
existing public information, data and records, and provide technical assistance and advice as required,
within reason, as an aid to the Commission and its Committees in the performance of designated duties.
B. The City Manager shall, within reason or budgetary constrains, provide or cause to be provided
adequate staff, clerical help, and maintain files and records for the Commission.
C. The City Council shall annually review the progress of the Commission.
DOCCB.015
SUN 7 BM 9 57
CITY OF LA QUINTA
APPLICATION TO SERVE ' ' `'I rA QUINTA
ON i; I i Y nV L c rK
LA QUINTA CULTURAL AFFAIRS COMMISSION
NAME:
i
HOME ADDRESS:04 1,,q c1t.-Wy �r�
(Must be a La Quinta resident and eligible to vote in the City.)
BUSINESS ADDRESS:
TELEPHONE: (HOME) (BUSINESS)
IF EMPLOYED, WHERE YOU WORK AND POSITION YOU HOLD:
LENGTH OF RESIDENCE IN LA QUINTA:..*; 3 y4gtg S
The following information will be used by the La Quinta City Council as a screening process to
determine which applicants will be interviewed for appointment to the La Quinta Cultural Affairs
Commission.
Biographical sketch, including education, work experience, civic involvement and other
background. Please be sure to include experiences relevant to duties of the position you seek.
S • �"Af y
Cf wvY
%2 h��J c� i "� C �/L�i97 C OLI�QS/= /= .L L✓_�� �C� i /�L^
of ss.y,x.144- 1-?C-Id s2 - / '5� 3 % �� l.�Gh' /5; 5
or-
/�•�i.�i2i c �� �L"/J� vz T� d.c/ _ Z.,, Si �•�l i?. d �� TiS Ts
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�i)l921� d-r'P1A�C7701S- 4= O.A?J6=1LPL �/l �C'D�irlC/�-
APPLICATION, CULTURAL AFFAIRS COMMISSION
PAGE 2
Describe your knowledge of the functions, regulations, and procedures of the La Quinta Cultural
Affairs Commission.
11 �Al 0 4� L 1-5zJ Gi_ C 0 �✓ G �� ✓1/�! i N G �j�l� = /Q1g lj 4 = i
Ui2q LAJ
What specific issues or problems face the La Quinta Cultural Affairs Commission and do you
have any suggestions to address those issues or problems?
/ir v 0VS ✓-! T- 7Hi s
What specific attitudes, skills and/or expertise do you think you have which would enhance the
work of the La Quinta Cultural Affairs Commission?,
/all 7' C/z i T/ e a .y�o� �'�E�✓ri tJ�" -k--iV 0 4,' 4 1�5V64= d /=
iQoA rSS , o Kj /-,
�k—'A?o
PLEASE RETURN THIS APPLICATION N
JUKE 7, 1994 TO:
ADMINISTRATIVE SERVICES DIRECTOR
CITY OF LA QUINTA
P. O. BOX 1504
LA QUINTA, CA 92253
THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT.
RED'= "QED
Date
JUN 6 Pfq
4 CtTY OF LA QUINTA
C 1 T ;- i. E rZ '4 APPLICATION TO SERVE
K ON
LA QUINTA CULTURAL AFFAIRS COMMISSION
NAME: It%����awrtncc
HOME ADDRESS: 53 -CYS Aveti ida DI * z La C �n i-a- C9 R zZ5 3
(Must be a La Quinta resident and eligible to vote in the City.)
BUSINESS ADDRESS: 4 3 -5 00 1y100 kre n ANEMA In, I -e r +- (R 9 22 U 0
TELEPHONE: (HOME) 5i q _yj v l (BUSINESS) '17 3 " l'
IF EMPLOYED, WHERE YOU WORK AND POSITION YOU HOLD:
LENGTH OF RESIDENCE IN LA QUINTA: s .
The following information will be used by the La Quinta City Council as a screening process to
determine which applicants will be interviewed for appointment to the La Quinta Cultural Affairs
Commission.
Biographical sketch, including education, work experience, civic involvement and other
background. Please be sure to include experiences relevant toduties of the position you seek.
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r r�e� vertd f�Uvl G i c.y�nc boar-c( on C��'►�'�'ss� �n ►�e'P r� �.
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APPLICATION, CULTURAL, AFFAIRS COMMISSION
PAGE 2
Describe your knowledge of the functions, regulations, and procedures of the La Quinta Cultural
Affairs Commission.
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have any suggestions to address those issues or problems?
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PLEASE RETURN THIS APPLICATION NO LATER THAN JUNE 7, 1994 TO:
ADMINISTRATIVE SERVICES DIRECTOR
CITY OF LA QUINTA
P. O. BOX 1504
LA QUINTA, CA 92253
THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT.
i -,
RAC~ - "D
Date June 3, 1994
FM 3 12
CITY OF LA QUINTA
`"' I* T.4 APPLICATION TO SERVE
C�T1' :,LcijX ON
LA QUINTA CULTURAL AFFAIRS COMMISSION
NAME: Honey J . Atkins
HOME ADDRESS:92253
(Must be a La Quinta resident and eligible to vote in the City.)
BUSINESS ADDRESS:
TELEPHONE: (HOME) (619) 5 6 4 -7 4 0 0 (BUSINESS)
IF EMPLOYED, WHERE YOU WORK AND POSITION YOU HOLD:
LENGTH OF RESIDENCE IN LA QUINTA: 3 years
The following information will be used by the La Quinta City Council ' as a screening process to
determine which applicants will be interviewed for appointment to the La Quinta Cultural Affairs
Commission.
Biographical sketch, including education, work experience, civic involvement and other
background. Please be sure to include experiences relevant to duties of the position you seek.
I'm a retired Pacific Telesis Manager.
My current cultural and civic activities include:
Round Table West, Founder, Desert Chapter. La Quinta Arts
Foundation, member. La Quinta Arts League, Board of Directors,
Second Vice President. La Quinta Historical Society, Board of
Directors, Director of Fund Raising. Coachella Valley Friends
of the Library. Board of Directors, Secretary. La Quinta Friends
of the Library, Board of Directors, Vice President. Coachella
Valley Community Concert Association, Member, served on Annual
Luncheon Committee. Eisenhower Hos ;'•al, Volunteer_ Prior to
moving.to La Quinta, I was active in the Pageant of the Masters
in Laguna Beac .
APPLICATION, CULTURAL AFFAIRS COMMISSION
ji PAGE 2
Describe your knowledge of the functions, regulations, and procedures of the La Quinta Cultural
Affairs Commission.
I have read the ordinance creating a Cultural Affairs
Commtssi n
Commission is to encourage the development of primarialy
literary, performing and visual art events and activities.
What specific issues or problems face the La Quinta Cultural Affairs Commission and do you
have any suggestions to address those issues or problems?
La Quinta is faced with the threat of losing its
cultural events and activities to other cities. We must
take immediate zsteps to prevent this The Cultural Affairs
Commission needs to work closely with the cultural
o r g,„ i z, t; e„ ' d-e -;ad:i-r--e a A d a-s s i-s t anc o t o +- L aw, i.n
dealing with the community. This will assure that culture
conttiiams to thrtve tri aux City, The ffzt2LLt Uf HM Bezert.
What specific attitudes, skills and/or expertise do you think you have which would enhance the
work of the La Quinta Cultural Affairs Commission?
I have a lifelong love of things cultural. One of the
reasons I am so happy to live in La Quinta is b ecause ot the
cultural activities that abound in the Coachella Valley. I
want to help preserve, nurture, and expand that atmosphere
in th-i-s wr.aA Qrful1 C itT. I baliAvm I. ba_ue the creativity,
skills and dedication to serve successfully on the La Quinta
Cultarat Affairs
PLEASE RETURN THIS APPLICATION NO LATER THAN JUNE 7, 1994 TO:
ADMINISTRATIVE SERVICES DIRECTOR
CITY OF LA QUINTA
P. O. BOX 1504
LA QUINTA, CA 92253
THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT.
Date L
REC7". ED
CITY OF LA QUINTA ' j 4 JUN 1 Pal 2 20
APPLICATION TO SERVE :+ Y U F L;, Q U 11 N TA
ON CITY CLERK
LA QUINTA CULTURAL AFFAIRS COMMISSION
NAME:
HOME ADDRESS: yof - t f Too, Vf a Q L f 2 2 ,t-
(Must be a La Quinta resident and eligible to vote in the City.)
BUSINESS ADDRESS:
TELEPHONE: (HOME) to f �G Z 3 C L (BUSINESS)
IF EMPLOYED, WHERE YOU WORK AND POSITION YOU HOLD:
U C c cCu /cry,
LENGTH OF RESIDENCE IN LA QUINTA:
The following information will. be used by the La Quinta City Council as a screening process to
determine which applicants will be- interviewed for appointment to the La Quinta Cultural Affairs
Commission.
Biographical sketch, including education, work experience, civic involvement and other
background. Please be sure to include experiences relevant to duties of the position you seek.
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APPLICATION, CULTURAL AFFAIRS COMMISSION
PAGE 2
Describe your knowledge of the functions, regulations, and procedures of the La Quinta Cultural
Affairs Commission.
-I GLIA
What specific issues or problems face the La Quinta Cultural Affairs Commission and do you
have any suggestions to address those issues or problems?
/1
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work 'of the La Quinta Cultural Affairs Commission?
e
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PLEASE RETURN THIS APPLICATION NO LATER THAN JUNE 7, 1994 TO:
ADMINISTRATIVE SERVICES DIRECTOR
CITY OF LA QUINTA
P. O. BOX 1504
LA QUINTA, CA 92253
THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT.
Date May 16, 1994
CITY OF LA QUINTA
APPLICATION TO SERVE
ON
LA QU qTA CULTURAL AFFAIRS COMMISSION
NAME: Susan Francis
HOME ADDRESS: 77-800 Calle Monterey, La Quinta, CA. 92253
(Must be a La Quinta resident and eligible to vote in the City.)
BUSINESS ADDRESS: P.O. Box 777, La Quinta, CA. 92253
TELEPHONE: (HOME) (619) 5 6 4- 4 8 7 3 (BUSINESS) (619) 5 6 4 -12 4 4
IF EMPLOYED, WHERE YOU WORK AND POSITION YOU HOLD:
La Quinta Arts Foundation
Festival Director'/.Events Coordinator
LENGTH OF RESIDENCE IN LA QUINTA: 3 years (sin ce April 91)
The following information will be used by the La Quinta City Council as a scorning process to
determine which applicants will be interviewed for appointment to the La Quinta Cultural Affairs
Commission.
Biographical sketch, including education, work experience, civic involvement and other
background. Please be sure to include experiences relevant to duties of the position you seek.
I have a broad background in the arts having grown up in a family of
visual artists and performers. I studied dance and theatre arts from an
early age and worked professionally from 14 to 41. During these years I
learned related skills such as -production management, budgeting, publici
staging and tech. Being married to a career musician gave me understandi
of the music world. While working as a choreographer, I was asked to
coordinate events for E1 Paso Arts Resources Dept. in 1981 which gave me
the opportunity to be involved -in the creation of the E1 Paso Festival.
I worked as Entertainment Director for El Paso Festival for six years
and became very active in various civic activities.
APPLICATION, CULTUR.-,— AFFAIRS COMMISSION
PAGE 2
Describe your knowledge of the functions, regulations, and procedures of the La Quinta Cultural
Affairs Commission.
LOCAC is being created to encourage the development of literary, visual
and performing arts events and activities. This commission will advise
city council on all cultural matters, assist other arts related groups
and generally address the arts in La Quinta. LQCAC will encourage and
facilitate arts programs and promote cultural enrichment. Functions will
include facilitating the programming of arts related activities.
What specific issues or problems face the La Quinta Cultural Affairs Commission and do you
have any suggestions to address those issues or problems?
The initial problems will include swiftly attaining a full operative
level within the first year and immediately begin to develop healthy
communication and cooperative efforts with existing arts related
.organizations. Diligence and focus on the part of the initial
commissioners will be necessary to get -this commission off to a good
start.
What specific attitudes, skills and/or expertise do you think you have which would enhance the
work of the La Quinta Cultural Affairs Commission?
I have experienced the arts from the perspective of the artist as well
as from the business standpoint. I have been a serious student of the '
arts and have been a professional teacher of the arts. I know the
discipline required to become an artist and the business side of
managing the arts. I understand the concerns of the citizens, the
needs of the artists and the logistical problems of presenting the arts.
PLEASE RETURN THIS APPLICATION NO LATER THAN JUNE 79 1994 TO:
ADMINISTRATIVE SERVICES DIRECTOR
CITY OF LA QUINTA
P. 0. BOX 1504
LA QUINTA, CA 92253
THANK YO U FOR YO UR WILLINGNESS TO SERVE YO UR L 0CAL GOVERNMENT.
April 26, 1994
Susan Francis
77-800 Calle Monterey
La Quinta, Ca. 92253
Saundra Juhola
City Clerk
City of La Quinta
P.O. Box 1504
La Quinta, Ca. 92253
Dear Saundra,
This letter is to express my desire for appointment as a commissioner on the
newly formed Cultural Affairs Commission. During my time on the
Community Services Commission I was actively involved in creating the
outline for this new commission and would like to participate in bringing it to
full fruition. My resume is enclosed.
PROFESSIONAL BACKGROUND:
I am currently Festival. Director for La Quinta Arts Foundation and
previously for El Paso Festival of the Arts. I have experience with a wide
variety of programming and project coordination from conception stage to
final product and have always worked well with mayor and council as well as
maintaining a good rapport with media. I am a year round resident of La
Quinta and am serving on the Board of Directors of La Quinta Chamber of
Commerce.
I feel that my credentials will establish me as a serious candidate and would
like the opportunity to interview for this appointment.
Sincerely,
Susan Francis
SUSAN FRANCIS
77-800 Calle Monterey
La Quinta, Ca. 92253
(619) 564-4873
PROFESSIONAL OBJECTIVE:
A responsible position in MANAGEMENT where the full extent of
my knowledge and experience can be put to challenging and creative
use.
QUALIFICATIONS SUMMARY:
Offering 30 years of comprehensive experience in the world of
production, event planning, promotions, public relations and
marketing.
EXPERIENCE HIGHLIGHTS:
4/91 to present FESTIVAL DIRECTOR of La Quinta Arts Festival. Responsible for
all aspects of La Quinta Arts Festival (four day annual fine arts
show) and Fine Crafts, Wine and All That Jazz (three day annual
fine crafts show). PROJECTS COORDINATOR for La Quinta Arts
Foundation. Responsible for all aspects of three annual one -day arts
and crafts shows as well as various other Foundation projects. Acting
EXECUTIVE DIRECTOR during personnel transition.
2/90 to 4/91 MARKETING DIRECTOR in charge of EVENT PLANNING and
SALES: Outlaw Outriders, Inc. DBA Ranch of the 7th Range in La
Quinta, California (an entertainment ranch specializing in theme
parties for groups of 100 to 2,000 people). Responsibilities focus on
coordinating all events, promotions, public relations and marketing.
1/86 to 9/87 PROMOTIONS DIRECTOR for Starlight Entertainment, Inc. DBA
Photon in El Paso, Texas. Responsible for planning and
implementing all PROMOTIONS and ADVERTISING. In charge of
radio/tv buys and all PUBLIC RELATIONS (serving as an in-house
advertising agency).
1/84 to 1/86 MANAGER for Graham's & Associates DBA Mustang Sally's in El
Paso, Texas. In charge of PROMOTIONS, PUBLIC RELATIONS,
ENTERTAINMENT and all club operations.
V80 to 7/86 FESTIVAL ENTERTAINMENT DIRECTOR for the annual El
Paso Festival. Responsibilities were comprehensive and included
coordinating, hiring, budgeting and overseeing all entertainment of
Festival. In charge of public information, press releases and all
media communication.
1/80 to 7/86 PROGRAM DIRECTOR and PUBLIC INFORMATION
OFFICER for El Paso Arts Alliance in El Paso, Texas. Planned and
implemented all service programs, conducted audience development
studies and research programs to determine cultural needs of the
city.
1/80 to 1/85 EVENTS COORDINATOR for El Paso Arts Resources Department
in El Paso, Texas. Coordinated all Special Events on a contract basis.
9/71 to 4/88 OWNER/DIRECTOR of Dance Dimensions and Body Business,
both in El Paso, Texas. Founder and director of dance .fitness studios.
Included directing professional' jazz dance company (touring
Southwest and in Mexico).
EXCEPTIONAL ORGANIZATIONAL SKILLS:
In depth knowledge and experience in all aspects of event planning
including entertainment, concessions, rentals, licensing, promotions,
etc. Excel at directing large groups of volunteers through extensive
projects while maintaining a high level of enthusiasm and
motivation.
PUBLIC RELATIONS AND COMMUNICATION SKILLS:
BOARD WORK:
Extensive experience in public relations, advertisements and press
releases. Business correspondence; programs; public speaking;
articles; news stories; brochure literature; etc. Draw heavily on
interpersonal abilities.
El Paso Arts Resources Department, three years
Broadway on the Border, (officer) five years
Amer. Heart Assoc. Dance Month consultant, three years
Palm Springs Desert Performing Arts Series, one year
La Quinta Community Services Commission, three years
Desert Professional Speakers (officer), two years
La Quinta Chamber of Commerce
Desert Theatre League (Judge 93/94 season)
Extensive background in non-profit organizations
AWARDS & MENTION:
El Paso Arts Alliance Artistic Achievement Award for outstanding
contribution in dance arts 1985.
National Certificate of Recognition from the Mexican Government
1982, 1983, 1984.
Outstanding Service Award from Chamizal National Park Service for
contribution to the Intercultural Exchange Program with Mexico
1974 to 1981.
REFERENCES
Carolyn Lair
Executive Director, La Quinta Arts Foundation
P.O. Box 777
La Quinta, Ca. 92253
(619) 564-1244
Michelle Dallas
Executive Director, La Quinta Chamber of Commerce
P.O. Box 255
La Quinta, Ca. 92253
(619) 564-3199
Clint Bohlen
Parks & Recreation Manager, City of La Quints
P.O. Box 1504
La Quinta, California 92253
(619) 564-2264
Scott Coulson
Service Director
Coachella Valley Water District
P.O. Box 1058
Coachella, California 92236
(619) 398-2651 ext. 339
Maryanne Hedderson
Cultural Arts Coordinator
#1 City Hall Plaza Room 318
Oakland, California 94612
(415) 273-2103
NAME:
HOME ADDRESS:
Date May 23, 1994
CITY OF LA QUINTA
APPLICATION TO SERVE
ON
LA QUINTA CULTURAL AFFAIRS COMMISSION
KATHRYN B. HULL
77-260 Calle Chillon / P. 0. Box 947
(.dust be a La Quinta resident and eligible to vote in the City.)
BUSINESS ADDRESS:
TELEPHONE: (HOME)
P. 0. Box 947
771-1041
(BUSINESS) 7 71-10 41
IF EMPLOYED, WHERE YOU WORK AND POSITION YOU HOLD: Self -employed
Music Teacher of Piano and Theory
Consultant - For The Arts Partner, Delos Publications
LENGTH OF RESIDENCE IN LA QUINTA: 14 mos. ( Since A o r i 1 19 9 3 )
The following information will be used by the La Quinta City Council as a screening process to
determine which applicants will be interviewed for appointment to the La Quinta Cultural Affairs
Commission.
Biographical sketch, including education, work experience, civic involvement and other
background. Please be sure to include experiences relevant to duties of the position you seek.
(See attached abbreviated resume) B.A. in Music & English from
Pasadena College (now known as Point Loma College in San Diego).
Certified independent teacher of piano and music theory; Consultant
for the arts since 1986; present fund-raising & grants -writing
workshops. Prior to coming to the desert, was active in the
Glendale community as Exec. Director of the Glendale Regional Arts
Council, which I founded in 1974. We produced major arts festivals
&.exhibits, coordinated cultural activities, & sponsored -performing
& visual artists in community & schools. I served on numerous
committees such as one to investigate the development of a cultural
arts center for the City of Glendale, which led to the conversion &
restoration of the historical Alex Theatre, opened January 1, 1994.
In the desert, was arts consultant for the City of Rancho Mirage,
producing their first concert at the Ritz -Carlton; was chair of the
first community arts committee for the Palm Desert Chamber of
Commerce, presenting two public forums. In 1991, was Manager of the
Joanna Hodges International Piano Competition in Palm Desert. I am
currently serving on the La Quinta Art -in -Public -Places Committee, &
am Treasurer of the Music Teachers National Assoc. & its Foundation.
I have been President of state & community organizations, founder of
several, & served on many boards. Wherever I live,I work to make a
difference in the community through the arts.
APPLICATION, CULTURAi. AFFAIRS COMMISSION
PAGE 2
Describe your knowledge of the functions, regulations, and procedures of the La Quinta Cultural
Affairs Commission.
The CAC will serve as advisors to the City Council and Departments
on all matters pertaining to the cultural arts (visual, performing
and literary), will encourage and facilitate programs in the arts,
and will undertake various functions and activities in arts -related
disciplines. The seven members serve at the pleasure of the City
Council. Meetings shall be monthly, or as necessary. I have read
and understand the ordinance which created the commission.
What specific issues or problems face the La Quinta Cultural Affairs Commission and do you
have any suggestions to address those issues or problems?
Identifying the needs of the community, and determining ways to meet
them is a primary function. Some ways to meet the challenge are:
developing community programs to cope with idle youth, creating
performing arts programs to enhance education and the quality of
life, such as establishing a children's chorus, children's and
teen's theater, community mural program, and to promote art -in -
public places, and make programs available in dance, theater, music
and the visual arts both for local participation and professionals.
What specific attitudes, skills and/or expertise do you think you have which would enhance the
work of the La Quints Cultural Affairs Commission?
With a background of 20 years of community work in multi -arts
programs, I am knowledgeable in identifying needs, designing
programs, soliciting funds, writing grants, administering programs,
producing arts festivals and theater programs, coordinating
community organizations and programs, working with City, County and
State government and educational agencies and with the business
community, and thinking creatively.
PLEASE RETURN THIS APPLICATION NO LATER THAN JUNE 7, 1994 TO:
ADMINISTRATIVE SERVICES DIRECTOR
CITY OF LA QUINTA
P. O. BOX 1504
LA QUINTA, CA 92253
THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL ' GOVERNMENT.
RESUME` (Abbreviated) Ms. Kathryn B. Hull
77-260 Calle Chillon
P. O. Box 947
La Quinta, CA 92253
(619) 771-1041
CAREER/EMPLOYMENT BACKGROUND:
City of Rancho Mirage - Arts Consultant, 1991.
Joanna Hodges International Piano Competition - Manager, 1991.
College of the Desert, Palm Desert - Music Faculty, 1990-1992.
ArtScope (An International Desert Exposition of the Arts), Palm Desert -
Chief Development Officer/Consultant, 1987-1990.
For The Arts (consulting firm) - Sole Proprietor, 1986-.
Guild Opera Company, Inc. - Managing Director, 1985-1987.
Delos Publications - Partner and Founder, (publish music education
materials) 1984-.
Glendale Regional Arts Council - Executive Director, 1982-1990.
Stanford Research Institute -.Supervisor of Office Services, Economics
Division, Palo Alto and Los Angeles, 1951-57.
Independent Music Teacher of Piano and Theory; 1949-; State and
Nationally Certified.
EDUCATION:
B.A. in Music (Piano and Theory) and English, Pasadena College, now known
as Point Loma College in San Diego.
COMMITTEES:
Alex Theatre Task Force/Stbering Committee - 1988-1990.
Art -In -Public -Places Committee, City of La Quinta - 1993-.
-Glendale Cultural Center -Investigation Committee - 1981-1987; appointed by
the Mayor; Secretary to the Committee.
Glendale Partners Cultural Subcommittee for Kaleidoscope 189, a visual
and performing arts festival, served as music coordinator - 1988-89.
Mayor's Committee for the Arts (Glendale), Chairman - 1988-89.
Mayor's Study Committee for the Arts - 1972-73, appointed by Mayor to
review the status of the arts in the City of Glendale and to make
recommendations to the City Council. This resulted in the formation
of the Glendale Regional Arts Council in 1974.
Music Committee of the Fine Arts Advisory Commission of the City of
Rancho Mirage - 1990-1991. Planned and helped produce inaugural
concert at the Ritz -Carlton.
State -Local Arts Partnership Committee for the County and City of Los
Angeles and the California State Arts Council - 1982-84,; served as
member of Public Forum Panel representing cities of Burbank and
Glendale.
ORGANIZATION AFFILIATIONS AND OFFICES:
American Congress of Immigrant Artists, Inc., Los Angeles - Charter Board
member, Secretary (1978-1985).
American Society of Composers, Authors & Publishers (ASCAP) - Member
(1987-) .
Associates of Brand Library and Art Center - Life member of'the.Advisory
Council; Co-founder and Charter member of the Board of Directors;
served as President (1971-73), established the Music Series which
presents all professional musicians in concerts free to the public.
California Artists Human Services, Hollywood - Board of Directors (1983-
1986); grantswriter.
California Association of Professional Music Teachers, Inc. - (affiliated
with Music Teachers National Association) - Charter/ Life member
(1968); served as State President (1977-81); Chair of advertising &
exhibits (1985-); adjudicator.
Coachella Valley Community Concert Association (1991-92), Vice President
for Public Relations; drafted Bylaws and obtained nonprofit status.
Glendale Chamber of Commerce - served as Ambassador, on committees for
Public Relations, Human Resources, and Community Development (1978-
1990) .
Glendale Chamber Orchestra - Board of Directors (1983-89); Vice President,
Finance (1987-88); grantswriter.
Glendale College Arts Council - Founder, member (1984-1990), Chair (1984-
87) .
Glendale Regional Arts Council - Executive Director (1982-1990); Co-
founder and Charter Board Member (1974-); grantswriter (received
over $550,000 for the arts); served as President (1975-78), Director
of Special Projects.
Glendale Repertory Theatre - President and Charter Board Member (1979-
80); produced summer theater at Brand Park.
Glendale Youth Orchestra - Founder; Board of Directors (1989-1990).
Joanna Hodges International Piano Competition - Advisory Board (1991-);
Manager for 1991 competition; grantswriter (1993-)
La Quinta Arts Foundation - Member (1990-)
La Quinta Chamber of Commerce - Member (1991-)
Music Teachers' Associaton of California, Glendale Branch - Member (1958-
1990); during Presidency (1967-69) the organization purchased and
donated a grand piano to the City of Glendale for use in the Brand
Library Auditorium.
Music Teachers National Association, Inc. - Treasurer (1993-); Member of
the National Executive Board (1983-1991); presented paper at the
National Convention in Washington, D. C. on the relationship of the
independent music teacher and community arts groups (1979);
presented session on "Alternative Careers in Music"; presented
workshop at the National. Convention in Washington, D. C. on
fundraising and grantswriting for nonprofits (1994)
Music Teachers National Association Foundation - Treasurer (1993-), Chair
of the Development Committee, National Coordinator for State &
Division Foundation Chairs.
Music Teachers of the Desert -.Member (1990-)
Palm Desert Chamber of Commerce - Member, First Chairman of Community Arts
Committee (1990-1993).
Rancho Mirage Chamber of Commerce - Member (1991)
Soroptimists International of La Quinta - Member (1993-)
Verdugo Hills Business and Professional Women's Club of Glendale -
Charter member (1980-1990).
HONORS:
California's
. Mission
Honorary Life
1976.
representative
for Musicians
Membership in
in the 1975 People -to -People Goodwill
to Europe and the Soviet Union.
the Associates of Brand Library Art Center,
f-'S'
Honorary Service Award, presented by the California Congress of Parent
and Teachers Association, 1977.
Service to the Arts Award, presented by the Glendale Regional Arts
Council, 1979.
California's representative in the 1981 People -to -People Goodwill Mission
for Music Educators to China.
Dedication of "Symphony No. 1" by Brooke Halpin; world premier, June 6,
1982, at Ambassador Auditorium, Pasadena.
Mayor's Commendation, City of Glendale (1990)
Los Angeles County Supervisor's Commendation (Michael D. Antonovich),
County of Los Angeles (1990)
"Angel of the Arts" Award, presented by the Glendale Regional Arts
Council (1990)
Congressman Carlos Moorhead presented American flag, which was flown over
the U. S. Capitol in my honor on June 10, 1990.
Service to the Arts Award presented by the Palm Desert Chamber of
Commerce (1992)
Listed in: Prominent People of Glendale, 1980-81 edition
Los Angeles Magazine as one of Glendale's ten "Movers and
Shakers," July 1985
Who's Who in American Music: Classical, 1985 edition
International Encyclopaedia of Women Composers - 1986
International Who's Who in Music, 11th,Edition - 1987
International Who's Who in Music, and Musician's
Directory, 12th Edition - 1990
Who's Who of American Women - 1990, 1992
Who's Who in American Education, 3rd & 4th Editions - 1992-94
Who's Who in America - 47th Edition, 1992
PROFESSIONAL INVOLVEMENT IN MUSIC:
-Music Director and one of five composers for the stage production of "A
Christmas Carol," an original musical adaptation of Charles Dickens'
book. Performed live (1968-74 and 1984) at First Presbyterian Church of
Hollywood, and put on video tape and film in 1975. It is being shown in
many countries around the world every year. It received the Golden Halo
Award from the Southern California Motion Picture Council, 1983.
Music Director, conductor, and composer of the original musical play,
"Hudson Taylor's Spiritual Secret," on the life the first missionary
from England to go into China. It was presented twice live at the First
Presbyterian Church of Hollywood, 1980-81.
Music Director and composer of the original musical melodrama, "He Ain't
Done Right By Nell," using two pianos. Presented at the First
Presbyterian Church of Hollywood, 1982.
Music Director, conductor, and composer of the original musical drama
"The Lion, The Witch, and the Wardrobe," an adaptation from C. S. Lewis'
book, presented at the First Presbyterian Church of Hollywood, 1983. It
received the Golden Halo Award from the Southern California Motion
Picture Council, 1984.
Music Director, conductor, and composer of the original musical
"Henrietta"; four performances with orchestra presented at the First
Presbyterian Church of Hollywood,.1988.
PERSONAL:
Was married to Robert M. Hull (1957-1991)
Three adult children: Laurice, Craig and Eric
Lived in Glendale from 1957 to 1990. (Previously in Northern California)
Lived in Rancho Mirage September 1 to November 1, 1990.
Lived in Palm Desert from November 1, 1990, while building new home and
studio in La Quinta; took residency March 26, 1993.
PERSONAL PHILOSOPHY:
We feed the mind through education, we feed the body through food, we
feed the spirit through prayer and meditation, and we feed the soul
through the arts. We all have a right to be well fed.
May 1994
Date 71M7�"
em %99
'► JUN 7 flil 10 02
CITY OF LA QUINTA 'j r L.; Q U" h i A
APPLICATION TO SERVE CITY j L r R K
• ON
LA QUINTA CULTURAL AFFAIRS COMMISSION
NAME: �,LC1' e&---22..7<
HOME ADDRESS: ,n.
(Must be a La Quinta resident and eligible to vote in the City.)
BUSINESS ADDRESS: �S(m
TELEPHONE: (HOME) h�{~ZZ,�D (BUSINESS) ,5gYK
IF EMPLOYED WHERE YOU WORK AND POSITION YOU HOLD: 9 Q yYl d 20�gr
LENGTH OF RESIDENCE IN LA QUINTA: r
The following information will be used by the La Quinta City Council as a screening process to
determine which applicants will be interviewed for appointment to the La Quinta Cultural Affairs
Commission.
Biographical sketch, including education, work experience, civic involvement and other
background. Please be sure to include experiences relevant to duties of the position you seek.
D
APPLICATION, CULTURAL AFFAIRS COMMISSION
PAGE 2
Describe your knowledge of the functions, regulations, and procedures of the La Quinta Cultural
Affairs Commission.
U
What specific issues or problems face the La Quinta Cultural Affairs Commission and do you
have any suggestions to address those issues or problems?
What specific attitude skills and/or expertise do you think you have which would enhance the
work of the La Quinta Cultural Affairs Commission?
PLEASE RETURN THIS APPLICATION NO LATER THAN JUKE 7, 1994 TO:
ADMINISTRATIVE SERVICES DIRECTOR
CITY OF LA QUINTA
P. O. BOX 1504
LA QUINTA, CA 92253
THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT.
/^" I111 ,
RESOLUTION NO.91-112
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA ADOPTING RULES OF PROCEDURE FOR COUNCIL
MEETINGS AND RELATED FUNCTIONS AND ACTIVITIES.
WHEREAS, Section 2.04.040 of the Municipal Code requires that
the City Council adopt Rules of Procedure to govern the conduct of
its meetings and any of its other functions and activities, and
regulations pertaining thereto;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of La Quinta that Rules of Procedure for City Council meetings and
related functions and activities are hereby adopted, to read, as
follows:
PURPOSE: The purpose and intent of the City Council in adopting
the within rules shall be to provide directory
guidelines relating to the conduct of the public
business by or on behalf of the City Council, and in
the event of any noncompliance with or violation of
any provision herein, such will not be deemed to
affect the validity of any action taken, unless
otherwise specifically provided by law.
1. M E E T I N G S
1.1 REGULAR MEETINGS:
The City Council of the City of La Quinta shall hold regular
meetings in the place specified in the Municipal Code, on the first
and third Tuesdays of each month at 3:00 p.m. with public hearings
being scheduled for 7:00 p.m. When the day for a regular meeting of
the Council falls on a legal holiday, no meeting shall be held on
that day; rather, such meeting shall be held at the same hour on the
next succeeding day thereafter that is not a holiday.
1.2 ADJOURNED MEETINGS:
Any meeting may be adjourned to a time, place, and date
certain, but not beyond the next regular meeting. Once adjourned,
the meeting may not be reconvened.
1.3 SPECIAL MEETINGS:
Special Meetings may be called by the Mayor or majority of
Councilmembers on 24-hour notice, as set forth in Section 54956 of
the Government Code of the State of California. Only matters
RESOLUTION NO. Page Two
Two
contained in the notice may be considered and no ordinances (other
than urgency ordinances) may be adopted. Notice of special meetings
shall be posted in accordance with Section 1.5.
1.4 STUDY SESSIONS:
Members of the Council may meet in a regular Study Session
during its' regular meeting at 3:00 p.m. on the first and third
Tuesday of each month. Other Study Sessions may be called on an "as
needed" basis.
1.5 NOTICE OF MEETINGS. POSTING OF AGENDAS:
The City Clerk, or her designee, shall post a meeting agenda in
the following two locations at least 72 hours before each regular
meeting of the City Council, to wit: (1) on the door of the City
Council meeting room at City Hall; and (2) on the public bulletin
board located at the La Quinta Chamber of Commerce. The City
Council finds and determines that both locations are freely
accessible to the public and the Council further finds and
determines that the City is legally required to post an agenda only
at the City Hall location and this direction to post in both
locations is directory only and not mandatory. Following posting of
said agenda, the City Clerk or her designee, shall sign a
declaration of the time and place of the posting of the said agenda
and shall retain said declaration of posting as a public record as
part of the council meeting record to which the posting relates.
The provisions of this section as to place of posting and
declaration of posting shall also apply to the special meeting
posting requirements of Government Code 54956. To the extent not
required by state law, the provisions hereof are directory only.
1.6 QUORUM:
Unless otherwise provided for in the Municipal Code, a majority
of the Council shall be sufficient to do business and motions may be
passed 2-1 if only 3 attend. The following matters, however,
require three affirmative votes: (a) adoption of ordinances, (b)
resolutions granting franchises, and (c) orders for payment of money.
If a majority of the Council shall be disqualified to vote on a
matter by reason of -actual or apparent conflict of interest, the
Council shall select by lot or other means of random selection, or
by such other impartial and equitable means as the Council shall
determine, that number of its disqualified members which, when added
to the members eligible to vote, shall constitute a quorum.
1.7 MEETINGS TO BE PUBLIC:
Study Sessions and all regular, adjourned or special meetings
of the City Council shall be open to the public, provided, however,
the Council may hold closed sessions from which the public may be
excluded, which closed sessions shall'only be held in accordance
with the provisions of the Brown Act (Government Code 54950 etc.).
RESOLUTION NO. !' , -112
Page Three
1.8 CLOSED SESSION MINUTES:
Pursuant to Section 54957.2 of the California Government Code,
the City Clerk of the City of La Quinta may be required to attend a
closed session of the City Council and keep and enter in a minute
book a record of topics discussed and decisions made at each
meeting. The confidentiality of such minutes shall be maintained
pursuant to the Government Code.
2. ORDER OF BUSINESS
2.1 AGENDA:
The Order of Business of each meeting shall be as contained in
the Agenda prepared by the City Clerk. The Agenda shall be a
listing by topic of the subjects which shall be taken up for
consideration•in the following order:
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
CONFIRMATION OF AGENDA
APPROVAL OF MINUTES
ANNOUNCEMENTS
PRESENTATIONS
WRITTEN COMMUNICATION
BUSINESS SESSION
CONSENT CALENDAR
STUDY SESSION
REPORTS AND INFORMATIONAL ITEMS
DEPARTMENTAL REPORTS
MAYOR AND COUNCIL MEMBERS ITEMS
PUBLIC COMMENT
COUNCIL COMMENT
.PRESENTATIONS
PUBLIC HEARINGS
PUBLIC COMMENT
COUNCIL COMMENT
CLOSED SESSION
ADJOURNMENT
Except with majority consent of the Council, -items may not be taken
out of order.
2.2 DELIVERY OF AGENDA:
Barring insurmountable difficulties, the Agenda shall
ordinarily be delivered to Councilmembers each Friday preceding the
Tuesday meeting to which it pertains.
The Agenda shall also be available to the general public at the time
it is delivered to the City Council.
RESOLUTION NO. 91-112
Page Four
2.3 ROLL CALL:
Before proceeding with the business of the Council, the City
Clerk shall call the roll of the Councilmembers and the names of
those present shall be entered in the minutes. The order of roll
call shall be alphabetical with the Mayor called last.
2.4 APPROVAL OF MINUTES:
Unless requested by a majority of the City Council, minutes of
the previous meeting may be approved without public reading if the
clerk has previously furnished each Councilmember with a copy
thereof.
2.5 PUBLIC HEARINGS:
Generally, public hearings shall be conducted in the following
order:
Hearing opened by Mayor
Staff presentation
Questions of Staff by Council
Public testimony opened by Mayor
Public testimony
Hearing closed
Questions by Council
Discussion by Council
Action by Council
Questions or comments from the public shall be limited to the
subject under consideration. Depending upon the extent of the
agenda, and the number of persons desiring to speak on an issue, the
Mayor may, at the beginning of the hearing, limit testimony, but in
no event to less than 5 minutes per individual, and 30 minutes total
for an applicant's total presentation. Any person may speak for a
longer period of time, upon approval of the City Council, when this
is deemed necessary in such cases as when a person is speaking as a
representative of a group or has graphic or slide presentations
requiring more time. Quasi-judicial hearings shall be conducted in
accordance with the principles of due process, and the City Attorney
shall advise the City Council in this regard.
2.6 PUBLIC COMMENT:
Pursuant to Government Code 54954.3, each agenda for a regular
meeting shall provide an item entitled "Public Comment". The
purpose of such item shall be to provide an opportunity for members
of the public to directly address the City Council on items of
interest to the public that are within the subject matter
jurisdiction of the City Council. In order to assure that the
intent of Government Code 54954.3 is carried out, the following time
periods are hereby provided for public comment or discussion:
thirty (30) minutes is the total amount of time allocated for public
testimony on a particular issue; and three (3) minutes is the amount
of time allocated for each individual speaker.
RESOLUTION NO. _
.Page Five
Government Code 54954.2 provides that no action shall be taken
on any item not appearing on the agenda unless the action is
authorized by Government Code 54954.2 (b). On items of public
comment or discussion, any matter raised by the public which does
not specifically appear on the agenda shall, upon direction of any
Councilmember, be automatically referred to the staff or placed on
the next meeting's agenda. It is hereby determined that such
requests or direction by a Councilmember shall not be considered
action taken by the Council on said item raised by the public.
Further, Council discussion of the matter shall not be considered
action taken.
2.7 CONSENT AGENDA:
Items of routine nature, and non -controversial, shall be placed
on the consent agenda. All items may be approved by one blanket
motion upon unanimous consent. Prior to, or following review of,
the consent agenda by the City Manager, any Councilmember may
request that any item be withdrawn from the consent agenda for
separate consideration. However, any Councilmember may abstain from
voting on any consent agenda, and the City Clerk shall be instructed
to record such abstentions in the minutes.
3. PRES IDING OFFICER
3.1 PRESIDING OFFICER:
The Mayor shall be the Presiding Officer at all meetings of the
Council. In the absence of the Mayor, the Mayor pro tem shall
preside. In the absence of both the Mayor and the Mayor pro tem,
the Council shall elect a temporary presiding officer to serve until
the arrival of the Mayor or Mayor pro tem or until adjournment.
In accordance with Government Code Section 36801, the Council
shall meet on.the Tuesday after each general municipal election and
choose one of its number as mayor pro tem. Each selection shall be
by three or more affirmative votes, and a failure to achieve such
total of affirmative votes, shall be deemed a selection of the
incumbent(s) to remain in office. Each person so selected shall
serve until a successor is chosen (at any time) by three or more
affirmative votes, provided, that at the first regular meeting in
November of each odd numbered year, the office of mayor pro tem
shall automatically be reconsidered by the Council.
3.2 CALL TO ORDER:
The meeting of the Council shall be called to order by the
Mayor or, in his absence, by the Mayor pro tem. In the absence of
both the Mayor and the Mayor pro tem, the meeting shall be called to
order by the City Clerk, whereupon the City Clerk shall immediately
call for the selection of a temporary Presiding Officer.
RESOLUTION NO. 9_ 1.2-
Page Six
3.3 PARTICIPATION OF PRESIDING OFFICER:
The Presiding Officer may move, second, and debate from the
Chair, subject only to such limitations of debate as are imposed on
all Councilmembers, and he shall not be deprived of any of the
rights and privileges of a Councilmember by reason of his acting as
Presiding Officer. However, the Presiding Officer is primarily
responsible for the conduct of the meeting. If he desires to
personally engage in extended debate on questions before the
Council, he should consider turning the Chair over to another member.
3.4 QUESTION TO BE STATED:
The Presiding Officer shall verbally restate each question
immediately prior to calling for the vote. Following the vote the
Presiding Officer shall verbally announce whether the question
carried or was defeated. The Presiding Officer may also publicly
state the effect of the vote for the benefit of the audience before
proceeding to the next item of business.
3.5 SIGNING OF DOCUMENTS:
The Mayor, or Mayor pro tem, in the absence of the Mayor, shall
sign ordinances adopted by the City Council. The City Clerk, or
Deputy City Clerk, shall attest to the signature of the Mayor or
Mayor pro tem.
3.6 MAINTENANCE OF ORDER:
The Mayor or Presiding Officer is responsible for the
maintenance of order and decorum at all times. No person is allowed
to speak who has not first been recognized by the Chair. All
questions and remarks shall be addressed to the Chair.
4. R U L E S, DECORUM, AND ORDER
4.1 POINTS OF ORDER:
The Presiding Officer shall determine all Points of Order
subject to the right of any member to appeal to the Council. If any
appeal is taken, the question shall be, "Shall the decision of the
Presiding Officer be sustained?" in which event a majority vote
shall govern and conclusively determine such question of order.
4.2 DECORUM AND ORDER - COUNCILMEMBERS:
(a) Any Councilmember desiring to speak shall address the
Chair and, upon recognition by the Presiding Officer, shall confine
himself to the question under debate.
RESOLUTION NO. r""'" 1=12
Page Seven
(b) A Councilmember, once recognized, shall not be interrupted
while speaking unless called to order by the Presiding Officer;
unless a Point of Order is raised by another Councilmember; or
unless the speaker chooses to yield to questions from another
Councilmember.
(c) Any Councilmember called to order while he is speaking
shall cease speaking immediately until the question of order is
determined. If ruled to be in order, he shall be permitted to
proceed. If ruled to be not in order, he shall remain silent or
shall alter his remarks so as to comply with rules of the Council.
(d) Councilmembers shall accord the utmost courtesy to each
other, to city employees, and to the public appearing before the
Council and shall refrain at all times from rude and derogatory
remarks, reflections as to integrity, abusive comments and
statements as to motives and personalities.
(e) Any Councilmember may move to require the Presiding
Officer to enforce the rules and the affirmative vote of a majority
of the Council shall require him to so act.
4.3 DECORUM AND ORDER - EMPLOYEES:
Members of the administrative staff and employees of the City
shall observe the same rules of procedure and decorum applicable to
members of the Council. The City Manager shall insure that all City
employees observe such decorum. Any staff members, including the
City Manager, desiring to address the Council or members of the
public shall first be recognized by the Chair. All remarks shall be
addressed to the Chair and not to any one individual Councilmember
or member of the public.
4.4 DECORUM AND ORDER - PUBLIC:
Members of the public attending Council meetings shall observe
the same rules of order and decorum applicable to the Council. Any
person making impertinent and slanderous remarks or who becomes
boisterous while addressing the Council or while attending the
Council meeting shall be removed from the room if the
sergeant -of -arms is so directed by the Presiding Officer, and such
person may be barred from further audience before the Council.
Unauthorized remarks from the audience, stamping of feet, whistles,
yells and similar demonstrations shall not be permitted by the
Presiding Officer, who may direct the sergeant -of -arms to remove
such offenders from the room. Aggravated cases shall be prosecuted
on appropriate complaint signed by the Presiding Officer.
4.5 ENFORCEMENT OF DECORUM:
The head of the City's police agency or his designee shall be
ex-officio sergeant -of -arms of the Council. He shall carry out all
RESOLUTION NO.
Page Eight
orders and instructions given him by the Presiding Officer for the
purpose of maintaining order and decorum in the Council Chambers.
Upon instructions from the Presiding Officer, it shall be the duty
of the sergeant -of -arms or his representative to eject any person
from the Council Chambers or place him under arrest or both.
As set forth in Government Code Section 54957.9, in the event
that any meeting is willfully interrupted by a group or groups of
persons so as to render the orderly conduct of such meeting
unfeasible and order cannot be restored by the removal of
individuals who are willfully interrupting the meeting, the members
of the Council may order the meeting room cleared and continue in
session. Only matters appearing on the agenda may be considered in
such a session. Duly accredited representatives of the press or
other news media, except those participating in the disturbance,
shall be allowed to attend any session held pursuant to this
section. Nothing in this section shall prohibit the Council from
establishing a procedure for readmitting an individual or
individuals not responsible for willfully disturbing the orderly
conduct of the meeting.
4.6 PERSONAL PRIVILEGE:
The right of a member to address the Council on a question of
personal privilege shall be limited to cases in which his integrity,
character, or motives are assailed, questioned or impugned.
4.7 CONFLICT OF INTEREST:
All Councilmembers are subject to the provisions of California
Law, such as Chapter 7, Title 9, of the California Government Code,
relative to conflicts of interest, and to conflicts of interest
codes adopted by the Council. Any Councilmember prevented from
voting because of a conflict of interest shall refrain from debate
and voting. Such Councilmember may choose to leave the Council
Chambers during debate and voting on the issue.
4.8 LIMITATION OF DEBATE:
No Councilmember normally should speak more than once upon any
one subject until every other member choosing to speak thereon has
spoken. No member shall speak for a longer time than five minutes
each time he has the floor, without the approval of a majority vote
of the Council.
4.9 DISSENTS AND PROTESTS:
Any member shall have the right to express dissent from or
protest to any action of the Council and have the reason entered in
the minutes. If such dissent or protest is desired to be entered in
the minutes, this should be made clear by language such as, "I would
like the minutes to show that I am opposed to this action for the
following reasons . . . 11
RESOLUTION NO. /`�-112 r'
Page Nine
4.10 PROCEDURES IN ABSENCE OF RULES:
In the absence of a rule herein to govern a point or procedure,
Robert's Rules of Order, Newly Revised, shall be used as a guide.
4.11 RULINGS OF CHAIR FINAL UNLESS OVERRULED:
In presiding over Council meetings, the Mayor, Mayor pro tem or
temporary Presiding Officer shall decide all questions of
interpretation of these rules, points of order or other questions of
procedure requiring rulings. Any such decision or ruling shall be
final unless overridden or suspended by a majority vote of the
Councilmembers present and voting, and shall be binding and legally
effective (even though clearly erroneous) for purposes of the matter
under consideration.
5. ADDRESS ING THE COUNCIL
5.1 MANNER OF ADDRESSING THE COUNCIL:
Any member of the public desiring to address the Council shall
proceed to the podium and wait to be recognized by the Presiding
Officer. After being recognized, he shall state his name and
address for the record.
All remarks and questions shall be addressed to the Chair and
not to any individual Councilmember, staff member or other person.
During a public hearing, all remarks shall be limited to the subject
under consideration. No person shall enter into any discussion
without being recognized by the Presiding Officer.
5.2 TIME LIMITATION:
For time limitation applicable to public hearings and public
comment, see Sections 2.5 and 2.6.
5.3 ADDRESSING THE COUNCIL AFTER MOTION IS MADE:
After a motion has been made, or after a public hearing has
been closed, no member of the public shall address the Council
without first securing permission by a majority vote of the Council.
5.4 LIMITATIONS REGARDING PUBLIC COMMENTS AND REPORTS:
The making of oral communications to the Council by any member
of the public during the "Public Comments" and/or "Public Reports
and Requests" portions of the agenda shall be subject to the
following limitations:
5.4.1. At any time, before or after the oral communication
is commenced, the Presiding Officer may if he deems it preferable,
RESOLUTION NO.
Page Ten
direct that the communication be made instead either to the City
Manager or other appropriate staff member during regular business
hours, or in writing for subsequent submittal to Councilmembers,
pursuant to Section 5.5.
5.4.2. No speaker shall be permitted to address the
Council on a topic which is currently before or about to be
submitted for consideration by a City commission, board or other
agency before which the speaker should make his presentation, until
that latter body has completed its deliberations and taken its final
action. In case the speaker should have followed an otherwise
available appeal procedure, the Presiding Officer shall not allow
oral communication to the Council outside that procedure.
5.4.3. The Presiding Officer may limit the number of
speakers heard on non -agenda topics at any single meeting. Those
whose presentations are postponed shall be given priority at the
next meeting (during the "Public Comments").
5.4.4. If it appears that several speakers desire to speak
regarding a single topic, the Presiding Officer may reasonably limit
the number speaking as to each side of an issue. In this regard,
preference may be given to speakers who represent groups of persons
who have designated a spokesman.
5.5. WRITTEN CORRESPONDENCE:
The City Manager is authorized to receive and open all mail
addressed to the Council as a whole and give it immediate attention
to the end that all administrative business referred to in said
communications, and not necessarily requiring Council action, may be
disposed of between Council meetings. A copy of such communication
shall be sent to each Councilmember marked "Information Only."
Any communication relating to a matter pending, or to be brought
before the City Council shall be included in the agenda packet for
the meeting at which such item is to be considered.
Letters of appeal from administrative or commission decisions shall
be processed under applicable provisions of the Municipal Code, or
other ordinances.
Copies of all other communications sent to the Council will be
transmitted to them.
5.6 PERSONS AUTHORIZED TO BE WITHIN PLATFORM:
No person except City officials shall be permitted within the
platform area in front of the Council table without the invitation
or consent of the Presiding Officer.
6. M O T I O N S
RESOLUTION NO. (-",,91_112
Page Eleven
6.1 PROCESSING OF MOTIONS:
When a motion is made and seconded, it shall be stated by the
Presiding Officer before debate. A motion so stated shall not be
withdrawn by the mover without the consent of the person seconding
it.
6.2 MOTIONS OUT OF ORDER:
The Presiding Officer may at any time, by majority consent of
the Council, permit a member to introduce an ordinance, resolution,
or motion out of the regular agenda order.
6.3 DIVISION OF QUESTION:
If the question contains two or more divisional propositions,
the Presiding Officer may, and upon request of a member shall
(unless appealed), divide the same.
6.4 PROCEDURE OF MOTIONS:
When a motion is before the Council, no motion shall be
entertained except the following, which shall have precedence in the
following order:
a. Adjourn
b. Fix hour of adjournment
C. Table '
d. Limit or terminate discussion
e. Amend
f. Postpone
'6.5 MOTION OF ADJOURN: (not debatable)
A motion to adjourn shall be in order at any time, except as
follows:
a. When repeated without intervening business or discussion.
b. When made as an interruption of a member while speaking.
C. When discussion has been ended, and vote on motion is
pending, and
d. While a vote is being taken.
A motion to adjourn "to another time" shall be debatable only as to
the time to which the meeting is adjourned.
6.6 MOTION TO FIX HOUR OF ADJOURNMENT:
Such a motion shall be to set a definite time at which to
adjourn and shall be undebatable and shall be unamendable except by
unanimous vote.
6.7 MOTION TO TABLE:
A motion to table shall be used to temporarily by-pass the
subject. A motion to table shall be undebatable and shall preclude
RESOLUTION NO. 91-112
Page Twelve
all amendments or debate of the subject under consideration. If the
motion shall prevail, the matter may be "taken from the table" at
any time prior to the end of the next regular meeting.
6.8 MOTION TO LIMIT OR TERMINATE DISCUSSION:
Such a motion shall be used to limit or close debate on, or
further amendment to, the main motion and shall be undebatable. If
the motion fails, debate shall be reopened; if the motion passes, a
vote shall be taken on the main motion.
6.9 MOTION TO AMEND:
A motion to amend shall be debatable only as to the amendment.
A motion to amend an amendment shall be in order, but a motion to
amend an amendment to an amendment shall not be in order. An
amendment modifying the intention of a motion shall be in order, but
an amendment relating to a different matter shall not be in order.
A substitute motion on the same subject shall be acceptable, and
voted on before a vote on the amendment. Amendments shall be voted
first, then the main motion as amended.
6.10 MOTION TO CONTINUE:
Motions to continue to a definite time shall be amendable and
debatable as to propriety of postponement and time set.
7. VOT I N G PROCEDURE
7.1 VOTING PROCEDURE:
In acting upon every motion, the vote shall be taken by
electronic voting. In the event the electronic voting machine is
not functioning, the vote shall be taken by voice or roll call or
any other method by which the vote of each Councilmember present can
be clearly ascertained. The vote on each motion shall then be
entered in full upon the record. The order of voting shall be
alphabetical with the Mayor voting last. The Clerk shall call the
names of all members seated when a roll call vote is ordered or
required. Members shall respond.'aye', 'no' or 'abstain', provided
that when a vote is collectively taken by voice or when a method of
voting other than by voice or roll call is used, any Councilmember
not audibly and clearly responding 'no' or 'abstain' or otherwise
registering an objection shall have his vote recorded as 'aye'.
Every ordinance and any resolutions or orders for franchises or
payments of money require three affirmative votes. Any member may
change his vote before the next order of business.
7.2 FAILURE TO VOTE:
Every Councilmember should vote unless disqualified for cause.
A Councilmember who abstains shall, for purpose of the item under
consideration, be considered as if absent.
RESOLUTION NO.
Page Thirteen
7.3 RECONSIDERATION:
Any Councilmember who voted with the majority may move a
reconsideration of any action at the same or following meeting.
After a motion for reconsideration has once been acted upon, no
other motion for a reconsideration thereof shall be made without
unanimous consent of the Council.
7.4 TIE VOTES:
Tie Votes shall be lost motions. When all Councilmembers are
present, a tie vote on whether to grant an appeal from official
action shall be considered a denial of such appeal, unless the
Council takes other action to further consider the matter. If a tie
vote results at a time when less than all members of the Council are
present, the matter shall automatically be continued to the agenda
of the next regular meeting of the Council, unless otherwise ordered
by the Council.
S. R E S O L U T I O N S
8.1 DEFINITIONS:
As a rule of thumb, it can be said that legislative acts of the
City Council (usually a rule of public conduct for long-term
application) are taken by ordinance, whereas more routine business
and administrative matters (usually more temporary and transitory in
nature) are accomplished by "resolutions". The term "resolution" in
its general sense will denote.any action taken affirmatively via a
vote of the Council, other than one taken by ordinance. As used in
this City, however, three terms are in general use to denote such
(non -ordinance) actions: "resolution", "minute order", and "motion"
(thereafter recorded by minute entry). Technically, all three are
equally as legally effective and binding; they just vary in the
formality of respective memorialization. The most formal is
referred to locally as a "resolution". This, in addition to being
referenced in the minutes, will be recorded by a separate document,
numbered in sequence and preserved in a separate set of books. Such
"resolutions" are used in this City for various reasons, such as
when specifically required by law, when needed as a separate
evidentiary document to, be. transmitted to another governmental
agency, or where the frequency of future reference back to its
contents warrants a separate document (with the additional "whereas"
explanatory material it often recites) to facilitate such future
reference and research.
A "minute order" as used locally denotes a Council action which is
recorded simply by an item entry in the minutes of the meeting at
RESOLUTION NO.
Page Fourteen
which it was accomplished, and no separate document is made to
memorialize it. However, sequential numbering shall be assigned to
each motion to facilitate indexing.
8.2 RESOLUTIONS PREPARED IN ADVANCE:
Where a resolution has been prepared in advance, the procedure
shall be: motion, second, discussion, vote pursuant to methods
prescribed in Section 7.1, and result declared. It shall not be
necessary to read a resolution in full or by title except to
identify it. Any member may require that the resolution be read in
full.
8.3 RESOLUTIONS NOT PREPARED IN ADVANCE:
Where a resolution has not been prepared in advance, the
procedure shall be to instruct the City Manager or the City Attorney
to prepare a resolution for presentation at the next Council meeting.
8.4 URGENCY RESOLUTIONS:
In matters of urgency, a resolution may be presented verbally
in motion form together with instructions for written preparation
for later execution. After the resolution has been verbally stated,
the voting procedure in 8.2 above shall be followed.
Urgency resolutions shall be avoided except when absolutely
necessary; and shall be avoided entirely when resolutions are
required by law, in improvement acts, zoning matters, or force
account work on public projects. Where the resolution has been
drafted in written form, either before or during the meeting, this
paragraph shall not be deemed applicable.
9. O R D I N A N C E S
9.1 INTRODUCTION AND ADOPTION OF ORDINANCES:
Ordinances shall not be passed within five days of their
introduction, nor at other than a regular meeting or at an adjourned
regular meeting. However, an urgency ordinance may be passed
immediately upon introduction and either at a regular or special
meeting. When ordinances, other than urgency ordinances, are
altered after introduction, they shall be passed only at a regular
or at an adjourned regular meeting held at least five days after
alteration.
Corrections of typographical or clerical errors are not alterations
within the meaning of this section.
RESOLUTION NO. _ 91-112
Page Fifteen—'
9.2 EFFECTIVE DATE:
All ordinances, except as provided in Section 36937 of the
Government Code, shall take effect 30 days after adoption, but may
be made operative at such later date as may be designated in the
ordinance.
9.3 PUBLISHING:
It shall be the duty of the City Clerk to post or publish all
ordinances in accordance with Section 36933 of the Government Code
within 15 days after adoption.
10. RULES DIRECTORY
To the extent not required by state laws, these rules of
procedure shall be considered directory only; and compliance
herewith shall not be considered mandatory or jurisdictional.
APPROVED and ADOPTED THIS 17th day of D npmh r1391 by the
following vote.
AYES: Council Members Bohnenberger, Franklin,Rushworth,Sniff &
NOES: None Mayor Pena
ABSENT: None
ABSTAIN: None
JOHN NA
Cityof
La Quintal California
AT T:
AUNDRA L. JUHOL , City Clerk
City of La Quintal California
APPROVED AS TO FORM:
STRADLING, YOCCA, C RLSON & RAUTH
City Attorneys
City of La Quinta
Community Services Commission
An Immediate and Multi -year
Work Plan
1993-94
Produced by:
Community Services Commission
Parks and Recreation Staff
October, 1993
■1 _.._ i - _ I■
Community Services Commission
1993-94 Work Plan
Existing Assignments
Category:
Assignment Item:
Method(s) for Fulfillment. -
Suggestions for Improvement:
Expansion of Assignment. -
Commissioner A vailability.
Commitment Required. -
Existing
Liaison to the Community
Commissioners attend the Mayor's Breakfast;
conduct public forums on behalf of the Council
and citizens; talk with residents to ascertain their
opinions; accept assignments to: Arts in Public
Places Committee, Community Affairs Committee
of the CV Child Care Council, and Cable Advisory
Commission; attend Senior Center functions.
Commissioners can do the following to enhance
their role as Liaison to the Community: attend
Chamber Mixers; interact with School District
administration in La Quinta and Indio; develop
public relations (publicize hearings, use
City/Chamber newsletter to relate information on
Commission business, publicize Parks and
Recreation Month and Community Services
Month, use the cable Community Access channel,
send brief newsletter home with students twice a
year, attend local school staff meetings to
determine needs); conduct annual needs
assessments for schools and health; use forums
such as.the New Leaf Awards and Main Street
Market Place to interact with the public.
As addressed above. Suggest goal date for
addressing the above items by March 31, 1994.
Review progress at first meeting in April, 1994.
To be determined.
Current assignments require 3-4 hours/month.
New assignments could require additional 3-4
hours/month of one or more Commissioners.
Staff Role: Assist with implementing public relations issues
noted above.
Council Role: Provide Commission with specific methods by
which the Commission could fulfill this assignment
Category: Existing
Assignment Item: Advisory Body to the City Council
Method(s) for fulfillment: Attend City Council meetings; relay public opinion
on various topics; accept assignments to
committees, boards, and commissions, and inform
Council of actions taken.
Suggestions for Improvement: Greater involvement in human service,
community issues, and in turn provide Council
with information, suggestions, and
recommendations; Culture and Fine Arts, and
Human Services Committees need to become
more active and involved in City issues and
concerns.
Expansion of Assignment: As noted above.
Commissioner Availability: To be determined.
Commitment Required: New assignments for Human Services and Culture
and Fine Arts Committee members will require an
additional 1-3 hours per month. Current
assignments require 10 hours per month of
Commission member's time.
Staff Role: . To be determined.
Council Role: Provide Commission with specific direction as to
how the Commission could better assist the
Council.
Category:
Existing
Assignment Item:
Improve Communication with the City Council
Goal(s):
Improve the CSC performance as advisory body
to Council; understand what the Council desires
from the Commission, and receive specific
direction from the Council.
Completion Date:
By the end of the 1993 calendar year
Required City Resources:
Time of the City Council to meet with the
Commission.
RegV. CSC Resources:
Time; Work Plan; cooperation and openness.
The Commission currently relies on its' minutes
to convey Commission work progress and issues of
importance to the Commission. The Commission
(staffl could provide an update through the Items
of Interest, or through a separate, brief monthly
or quarterly update.
Relationship to Function:
Foundational to mission of the CSC per the
Ordinance
Committee Authority: N/A
Council Role: Provide the Commission with more opportunities
to meet and/or interact with Council/Commission,
through joint meetings, if necessary.
Category:
Assignment Item:
Existing
Community Services Grants
Method(s) for Fulfillment. Establish criteria; develop complete application
packet; release applications and solicit applicants;
conduct forums for applicants; screen applicants;
score applicants; provide Council with
recommendations for funding; follow up process.
Suggestions for Improvement: Attend functions and observe services provided by
grant applicants; interact with grant applicants
throughout the funding cycle.
Expansion of Assignment: N/A
Commissioner A vailability.- To be determined.
Commitment Required: Current assignment requires 10-12 hours annually
of each Commissioner. New assignments would
require additional 8-20 hours/year of each
Commissioner.
Staff Role: Provide administrative support.
Council Role: Provide the Commission with suggestions or
comments
Category: Existing
Assignment Item: Park Development
Method(s) for Fulfillment. Respond to community input 'and requests;
development and conducted survey for Master
Plan; conduct public hearings; conducted
selection process for park design firms for Fritz
Bums Community Park and Palm Royale Park;
assisted in the development of the City of La
Quinta Parks and Recreation Master Plan.
Suggestions for Improvement: The Commission believes that this Assignment has
been performed very well. Commissioners could
become better educated and informed regarding
parks and recreation programs, and facilities
development and construction processes
Expansion of Assignment: Address ramifications of Professional Services
selection process, and its effect on the
Commission's role in park development.
Commissioner Avai/ability: To be determined.
Commitment Required: Commitment falls under regular meetings, except
for interviewing and scoring RFQ's/RFP's, which
require 5-7 hours per incident.
Staff Role:
Administrative support.
Council Role: Reinclude the Commission in the park design and
development process, specifically in the screening
and selection of professional firms. The
Commission feels that it performed well
in selecting park design firms, and in conducting
public forums for park development purposes.
Category: Existing
Assignment Item: Annual Work Plan
Method(s) for ful>illment. Review existing assignments; suggest potential
assignments; seek input/suggestions from the City
Council; review programs and projects being
undertaken by other cities and districts.
Suggestions for Improvement: Start revision of Work Plan in May; review
progress mid year for progress; add, subtract,
defer projects based on review.
Expansion of Assignment:
Commissioner A vailability.
N/A
Performed at regular meetings.
Commitment Required.- Revision of Work Plan will require at least two (2)
meetings plus outside reading.
Staff Role: Administrative support. Act as facilitator for
development and review of Work Plan.
Council Role: Provide the Commission with specific direction
and assign tasks as issues come before the Council
which fit under the Commission's responsibilities.
Category:
Assignment Item:
Method(s) for fulRllment.
Suggestions for Improvement:
Expansion of Assignment. -
Commissioner A vailability:
Commitment Required:
Staff Role:
Council Role:
Category:
Assignment Item:
Existing
New Leaf Awards
Chairperson signs Certificates; provide forum for
distribution of Certificates.
Attend meetings earlier to interact with parents in
attendance. Have Chairperson involved in the
presentation ceremony. Publicize event more
Award for most improved.
N/A
To be determined.
During regular meeting.
Staff performs set up; budget issues; administrative
support.
Present awards to students
Existing
La Quinta Beautiful Award
Method(s) for fulfillment: Suggests sites for consideration; score and
recommends finalists to Council.
Suggestions for Improvement: Become more active in site selection with each
Commissioner suggesting at least one site per
month; omit monthly selection, and develop a
special event/holiday format (Christmas, 4th of
July, Easter, Halloween, Thanksgiving, special
events).
Expansion of Assignment: No expansion. Contract and change. Agendize to
eliminate monthly event.
Commissioner A vailability: To be determined.
Commitment Required: Two hours per event for site review and
recommendation.
Staff Role: Administrative Services Department support.
Council Role: Determine if this is a viable, valuable program.
If not, discontinue or modify as suggested as
above.
Category: Existing
Assignment Item: Art in Public Places Committee
Method(s) for Fulfillment: Assigned Commissioner attends meetings;
provides the Commission with monthly reports;
provides recommendations for placement of
public art.
Suggestions for Improvement. Attend public art functions and interact with
attendees.
Expansion of Assignment.• Bring arts -related issues under consideration by
City to the Commission prior to approval.
Commissioner Availability: To be determined.
Commitment Required: 2-4 hours per month.
Staff Role: Support staff from Planning Department.
Council Role: Determine whether to develop Cultural Affairs
Commission, to expand Culture and Fine Arts, etc.
Category:
Existing
Assignment Item:
Colony Cablevision Cable Advisory Committee
Method(s) for fulfillment:
Attend meetings; forward minutes to City Council
and Community Services Commission.
Suggesdons for Improvement:
Need dearer direction from Council as to what
the Council envisions the role of the assigned
Commissioner to be on the Cable Committee.
Perhaps more appropriate that City staff member
attend.
Expansion of Assignment:
Citizens call CSC Voice mail with complaints and
suggestions.
Commissioner Availability:
To be determined.
Commitment Required:
8-10 hours annually.
Staff Role:
None at this time.
Council Role:
' Provide Commission direction as to what the
Council wants the Commission to accomplish at
• the meetings, and what is the purpose of the
of the City's participation on the committee.
Category: Existing
Assignment Item: CV Child Care Council Community Affairs
Committee
Method(s) for fu/Rllment. Attend meetings; provide suggestions; report to
CSC.
Suggestions for Improvement. N/A
Expansion of Assignment: N/A
Commissioner A vailahility.- To be determined.
Commitment Required:
Staff Role:
Council Role:
Category:
Assignment Item:
Coal(s):
Completion Date:
Required City Resources:
Req V. CSC Resources:
Relationship to function:
Two hours per month.
Administrative support.
Provide the Commission with direction/comment
Potential Assignments
Potential
BMX Track in Upper Cove.
To investigate the feasibility of building a BMX
track in the upper Cove area; address the needs of
the .youth of La Quinta
FY 1993-94 and beyond
Staff time; budget development and City
expenditures; grant writing; insurance; legal
advice
Time of Commissioners for public hearings and
developing a feasibility study; perseverance.
Commission believes this issue, having been
brought to the Commission by youth residents of
La Quinta, is a youth diversion, parks, and
Committee Authority:
Council Role:
recreation facility issue, which makes it an
appropriate task under the Ordinance.
Parks and Recreation
Provide Commission with direction/comment
Category:
Potential
Assignment Item:
Trails Master Plan
Goalk):
To comply with the spirit of the General Plan
Completion Date:
FY 1993-94 and beyond
Required City Resources:
Staff labor cost and City expenditures of $12-
16,000. $22-25,000 for outside consultant.
RegW. CSC Resources:
Time of Commissioners for public hearings and
developing Master Plan; extra meetings of
Committee.
Relationship to funceion:
The City's General Plan includes this issue in the
Parks and Recreation Element. The General Plan
calls for a Trails Master Plan. to be developed. The
Commission believes that it is the advisory
body under which this assignment should rest,
because of the recreation nature of trails.
Committee Authority:
Parks and Recreation
.Counci! Role:
Provide the Commission with direction/comment
Category: Potential
Assignment Item: Improved Maintenance and Development of
Bear Creek Channel Bikepath Facility
Coal(s): Improve the maintenance of the pathway and
area around the pathway, and to develop better
signage.
Completion Date: Present the need for better maintenance
immediately with suggestions on how to address
better maintenance; signage may be completed in
FY 1993-94.
Required city Resources. Regular maintenance staff time or City
expenditures for contract maintenance.
Req'd. CSC Resources: Convey ideas, follow-up, communicate with
maintenance staff through City Manager
Relationship to function: Commission believes this issue is an
'appropriate task under the Ordinance.
Committee Authority: Parks and Recreation
Council Role: Provide the Commission with direction/comment
Category: Potential
Assignment Item: La Quints Pageant
GOWN: To enhance the cultural environment of the City
of La Quinta.
Completion Date: FY 1993-94 and beyond
Required City Resources: Staff time; budget development and City
expenditures; grant writing; insurance; legal
advice. First time event cost would be $100,000.
Every year after the cost would be closer to $40-
50,000.
Req'd. CSC Resources. Time of Commissioners for research, developing a
feasibility study; fundraising, grant writing.
Relationship to function: Commission believes this issue fulfills the role it
has been given under the Ordinance with regard
to Culture and Fine Arts.
Committee Authority: Culture and Fine Arts
Council Role: Provide the Commission with direction/comment
Category:
Assignment Item:
Coal(s):
Completion Date:
Required City Resources:
Req'd. CSC Resources:
Relationship to function:
Committee Authority:
Council Role:
Potential
Community Health -related Issues
Facilitate community health education and service
availability (hot line, referral service, resource list)
Long term; five year effort
Staff time, printing, publicity, special events
Time, participation in the planning and organizing
of events or programs; additional meetings;
conduct health needs survey.
Human Services
Human Services
Provide the Commission with direction/comment
Category: Potential
Assignment Item: Risk Management Issues
coal(s): Diminish risk at public parks and recreation
facilities; insure that facilities are safe for users;
ADA compliance.
Completion Date: FY 93-94 for existing facilities; concurrent with
development of new facilities. Establish quarterly
or bi annual inspection review of facilities.
Required City Resources. Staff time, City funds for maintenance/repair;
retrofit for ADA if necessary.
Req'd. CSC Resources: Review of risk management standards and ADA
information; time for review of facilities (4-6 hrs
annually)
Relationship to function: Parks and Recreation
Committee Authority: Parks and Recreation
Council Role: Provide the Commission with direction/comment
Category:
Assignment Item:
Coaks):
Completion Date:
Required City Resources:
Req'd. CSC Resources:
Relationship to function:
Committee Authority:
Council Role:
Potential
Community Christmas Celebration
Celebration and develop increased
community interaction; foster sense of community
Christmas 94-95; begin work this fiscal year
Christmas tree and lights; park decorations
Additional meetings; planning, coordinating,
and implementing the event; contacting schools,
organizations, and businesses for support
Culture and Fine Arts and community services
Commission
Provide the Commission with direction/comment
Category: Potential
r
Assignment Item: Network with Other Valley Commissions
Goals): Improve performance through awareness; address
regional issues on behalf of Council by presenting
ideas to other Valley Commissions.
.Completion Date. Begin networking in calendar year 1994
Required City Resources: Minimal staff time
Req'd. CSC Resources: Time attending other Commission meetings and
attending joint cities meetings; coordinate
sponsored meetings
Relationship to Function: Evaluation of methods to improve performance
as an advisory body to the City Council; assist the
Council in regional issues.
Committee Authority: Commission
Council Role: Provide the Commission with direction/comment
Categofy: Potential
Assignment Item: Training Opportunities
Coaft): Improve Commission performance and develop
better educated advisory body
Completion Date: Annual attendance of training workshops, schools,
and conferences
Required City Resources: ,City funding for educational opportunities;
reinstate funding level for conferenceltraining
Req'd. CSC Resources: Time to attend workshops and conferences
Relationship to Function: Better informed and educated advisory body
Committee Authority: Commission
Council Role: Reinstate funds for educational opportunities
to F-Y 92-93 level
City of La Quinta
Memorandum
To: The Honorable Mayor and City Council
From: Community Services Commission
Date: November 22, 1993
Subj: The Community Services Commission Work Plan of 1993-94
The first Work Plan of the Community Services Commission represents three months
of development, review, and revision. It is the hope of the Commission and staff that
the Work Plan will serve as a tool for setting priorities and providing direction.
The Commission divided the Assignments according to whether the item was an
existing or potential assignments, and prioritized the Assignments as follows:
Existing
Assienment Priority Comment
Liaison to the Community A
Advisory to Council A
Improve Communications with Council A
Community Service Grants A
Park Development
A
Reinclude CSC
in selection process
Annual Work Plan
B
New Leaf Awards
B
Child Care Council/Community Affairs
B
Art in Public Places
B
Pending cultural
affairs issue
Cable Advisory Committee
C
Reevaluate utility
La Quinta Beautiful
Not prioritized
Very low priority
Potential
Bear Creek Bikepath Maintenance
B
Community Health Issues
B
Training Opportunities
B
BMX Track
C
Trails Master Plan
C
La Quinta Pageant
C
Important, role of CSC
uncertain, pending
cultural arts issue
Risk Management Issues
C
Important as parks
develop
Community Christmas Celebration
C
Network with Other CV Commissions
C
CITY OF LA QUINTA
COMMUNITY SERVICES COMMISSION
MAN D B 00 K
COMMUNITY SERVICES COMMISSION
Sharon Kennedy......................................Chairman
Larry Best.....................................Vice Chairman
Aldine Dickens..................................Commissioner
SusanFrancis...................................Commissioner
NancyNard......................................Commissioner
Betty Jo Seaton.................................Commissioner
JillThompson...................................Commissioner
Thomas P. Genovese .......................Acting City Manager
Clint Bohlen ......................Parks & Recreation Manager
CITY COUNCIL
JohnPena..............................................Mayor
StanSniff.....................................Mayor Pro-Tem
Dale Bohnenberger..............................Councilmember
Kristy Franklin................................Councilmember
William Rushworth..............................Councilmember
City of La Quinta
78-105 Calle Estado
La Quinta, CA 92253
(619)564-2246
2
_10011�N.
INTRODUCTION
RELATIONSHIP WITH FELLOW COMMISSION MEMBERS
The association with fellow commission members will undoubtedly be
your most important relationship as you serve on the commission.
Before talking about relationships it may be well to point out a
few facts about commission members. Each of you come from various
backgrounds -educational, occupational, religious, social, economic,
physical, and cultural -and we should be aware that these
differences do exist.
We must also recognize that the reason for serving on the
commission will vary and perhaps some will have a special interest.
Each member will contribute in their own way and is an important
part of the decision process. We should not expect every
commission member to give of their time, their talent, their
knowledge to the same degree. Some will give more and others will
give less, but in the end the community will benefit.
Bearing this in mind, the following relationships may serve as a
guideline:
1. We must always respect the other individual's viewpoint even
though it may be opposite of our own.
2. We must allow the other individual to articulate his or her
views then attempt to make an objective evaluation of those
views, to the limit of our ability.
3. Evaluation of our fellow commission member's viewpoint should
be based on what is best for the total community and what is
best for all concerned.
4. There will be times when political action among the commission
is apparent and we must strive to minimize that whenever
possible.
5. We must be open and honest at all times.
6. Each commission member has a responsibility to recognize new
commission members and see that they are made welcome, become
oriented and receive training.
3
RELATIONSHIP WITH APPOINTING AUTHORITY
A commission member's relationship with the City Council will vary
from member to member. It may be the commission chairman or staff
person will report to the appointing authority at one of their
regular meetings. Members of the City Council may, from time to
time, visit the commission meetings and may, from time to time,
invite the commission to attend their meeting for direct input.
Individual contacts with the City Council to discuss problems are
neither encouraged nor discouraged. This will have to be handled
on an individual basis. Should a controversy arise within the
commission, counsel and guidance are available from the staff as
well as from the individual council members. However, it would be
inherently unethical for an individual commissioner to attempt to
influence or persuade the appointing authority to assume a posture
which may be in opposition to the commission as a whole.
Should a split opinion exist on commission action, it may be
appropriate for a majority and minority report to accompany the
recommendation to the appointing authority.
We would expect the individual commission member to recognize the
following items:
1. The commission members are appointed by the City Council.
2. The commission member has an obligation to serve the public
and to represent their viewpoint.
3. The contact with the City Council should always be open and
never used to circumvent the staff or commission.
4. The commission should not knowingly embarass the staff or
the City Council.
5. The commission should render as much assistance as possible
to the City Council and avoid placing them in an untenable
position.
6. The commission should assist the City Council in developing
public trust in the advisory commission system.
7. The commission should be sensitive to agency priorities and
know when to take a stand. There are times when, for the
good of the overall agency, it may require adjustment of
the priority level of a particular project.
8. The commission falls under the restrictions of the Brown Act
whereby decisions and recommendations can only be made at
a duly constituted meeting which is open to the public.
4
RELATIONSHIP WITH COMMUNITY SERVICES STAFF
The following commission role, supportive and advisory to staff and
agency objectives, may be used as.a guideline:
1. Contacts should be with the agency staff member assigned
to the commission rather than to other staff people. The
individual commissioner should feel free to make a contact
with the higher level supervision, such as the City Manager,
and/or the City Council providing the assigned staff person
is also notified of this contact.
2. Contacts with staff members should clearly be in the
framework of the commission assignment.
3. It is important for Commissioners to know the City's community
service, human service and recreation facilities. Visitation
both on an unscheduled and a scheduled basis will allow members
to become fully knowledgeable of the programs, park areas,
equipment, services, facility use, etc.
4. Commissioners should not ask for individual reports,
favors, or special consideration.
5. Commissioners should realize the assigned staff person
works with the commission and reports directly to an
agency supervisor. He is limited in scope of authority
to carry out recommendations.
Misunderstandings and problems can develop in the relationship
between the staff and the commission if an enthusiastic member
attempts to take aboard those duties which are not within the
framework of the commission action. Each commissioner must be
alert to the difference between advisory policy -setting and doing
the work.
At times a commissioner may be asked to "do" the work as a
volunteer. It is doubly important that when this occurs the
difference be recognized and be communicated to assure there is no
question about the role on the advisory body and the individual's
volunteer assignment.
INTRA-AGENCY RELATIONSHIPS
The success of the parks and recreation, human services, and
culture and fine arts efforts in our community is directly
proportional to the level of priority it attains in the agency
operation. Governing body and administrative perceptions on the
importance and contribution of human, recreation, and arts services
to the community's quality* of life will inevitably influence
decisions on budget, planning, manpower, land use, policies, and
procedures.
5
Therefore, the interdependence among agency departments/commissions
cannot, nor must not, be ignored or taken lightly.
The Community Services Commission is in a unique position to
provide for significant positive relationships that can contribute
to an understanding of recreation, human, and arts services and
their roles in contributing to a better quality of life.
Guidelines include:
1. Know relationship and role of various departments within
agency and in the city or in general.
2. Establish effective lines of communication between agency
commissions to insure liaison with :they agency departments;
i.e. planning, law, health, environmental, parkway, etc.
3. Be willing to provide leadership for developing and
maintaining a climate for cooperation among various
agency commissions.
6
INTERPRETATION
Unless the context of this handbook otherwise requires, words in
the masculine gender shall include the feminine gender and words in
the singular number shall include the plural number, and vice
versa.
7
CITY OF LA QUINTA
PHILOSOPHY OF THE COMMUNITY SERVICES DEPARTMENT
The Community Services Department recognizes the need to provide
and maintain sufficient and attractive parks, adequate recreation
facilities, and programs to provide equitably and without prejudice
all the people of the City of La Quinta.
Every opportunity shall be afforded within financial limits, to
plan, procure, develop and maintain park and recreation resoures;
and to provide leadership for the wholesome and constructive use of
leisure time; to insure human service needs are fulfilled; and that
art and cultural programs are available.
The provisions of quality community services in the most cost
effective way and without significantly duplicating the efforts of
other agencies will be emphasized at all times. This includes the
development of cooperative agreements with other agencies directly
and in -directly involved with the provision of community services
in the City of La Quinta.
The provision of community services shall be considered a positive
opportunity for people of the City of La Quinta to share with each
other, to develop leadership capacities, to learn skills for
present and future enjoyment, and to emphasize responsibilities to
each other as well as to the community.
8
CITY OF LA QUINTA
ROLE OF COMMUNITY SERVICES COMMISSION, PARK AND RECREATION MANAGER
AND STAFF
The Community Services Commission recognizes the desirability to
define the respective roles of the Commission, Manager and Staff,
as well as to distinguish the relationship between each.
The role of the Community Services Commission is to provide
guidelines and chart a general course of action, in concept, for
the Community Services Department by formulating and approving the
policies for the operation, control, improvement and planning of
the park and recreation facilities and activities, and human and
arts services within the City of La Quinta.
Pursuant Ordinance 2.18.080 Powers and Duties
The Community Services Commission shall act in an advisory capacity
to the City Council with respect to park and recreation facility
location, park site planning and facility design and development,
operation, maintenance and redevelopment of facilities, fiscal
policy recomendations regarding development priorities, grants,
fees and financing mechanisms for furthering the goals of the Park
and Recreation element of the General Plan and the Park and
Recreation Master Plan. The Community Services Commission shall
advise the City Council on all matters pertaining to the provision
of a quality program of recreation services and activities for the
community, and such other park and recreation matters as may be
referred to it by the City Council, or brought to its attention by
citizens of the Community. The Community Service Commission shall
also be charged with concerns in the areas of human and arts
services in the City of La Quinta. The Commission shall provide
such advice and consultation to other City Commissions and staff as
may be requested of the Commission.
The Parks and Recreation Manager appointed by the City Manager,
lends technical support to the Community Service Commission and
serves as staff liaison. The Parks and Recreation Manager is the
administrator who provides the data, information and professional
counsel to the Community Services Commission while serving as
liaison between policy formulation and implementation of same
through administrative procedure.
As delegated by the Community Services Commission, the Parks and
Recreation Manager is primarily responsible for administering the
day-to-day operation and functions of the Parks and Recreation
department within the policies and guidelines as established by the
City Manager, City Council and the Community Services Commission.
It is also the responsibility of the Parks and Recreation Manager
to function as communicator between the Staff, Community Services
Commission and the City Manager.
9
The Parks and Recreation Manager will facilitate the clear, concise
and efficient communication of all direct questions, comments and
requests for information between the Community Services Commission,
City Manager and Staff as well as similar requests between
individual Commission members and individual Staff.
The Staff of the Community Services Department are those employees
engaged in the programs and/or services that directly meet the
needs of the residents of the City in regard to leisure and
community needs. The staff includes division heads, supervisors,
coordinators and specialists in all areas and aspects of
departmental responsibility.
The primary function of the Staff is to perform under the direction
of* the Parks and Recreation Manager, the various duties and
responsibilities required to provide well-balanced and efficient
leisure, human and arts services for the people of La Quinta.
10
CITY OF LA QUINTA
COMMUNITY SERVICES COMMISSION
CHAPTER 2.18
I. COMMUNITY SERVICES COMMISSION
Sections:
2.18.030 Created -Defined.
2.18.020 Purpose and objectives.
2.18.030 Members -Appointments -Terms.
2.18.040 Officers -Selection.
2.18.050 Committees.
2.18.060 Meetings.
2.18.070 Removal from office.
2.18.080 Powers and duties.
2.18.090 Staffing.
2.18.010 Created -Defined.
The community services commission is created and established.
The term "commission" as used in this chapter, shall refer to the
community services commission.
2.18.020 Purpose and objectives.
The general purpose of the commission is to encourage the
development of a planned and orderly approach to the delivery of
leisure services in the city. Objectives of the commission are as
follows:
A. To serve in an advisory capacity to the city council to
identify community needs for social services, to plan for the
coordinated delivery of such service to citizens in need through
both private and public resources so as to avoid duplication and
conflict of effort, and to evaluate the effectiveness of services
provided;
B. To serve in an advisory capacity to the city council on all
matters pertaining to public recreation, including the management,
conduct, care and development of the parks and playgrounds in the
city, and in general to study the needs of the city and the means
of meeting such needs in connection with all matters pertaining to
public recreation and other entertainment; and
C. To serve in an advisory capacity to the city council to
encourage a sense of appreciation and community pride for the
citizens of the city by making accessible cultural events and
experiences which celebrate the shared heritage of the community
and its residents.
11
2.18.030 Members -Appointments -Terms.
A. The commission shall consist of seven members appointed by the
city council.
B. The terms of office of members of the commission shall be
overlapping. Each member of the commission shall hold office for
a term of three years, or until such time as a successor is
appointed.
C. All terms of office shall commence on July 1st of the year of
appointment. Vacancies in the office of a member shall be filled
for the unexpired term in the same manner in which regular
appointments are otherwise made.
D. Insofar as possible, the membership shall reflect the racial,
ethnic, economic and sexual composition of the community. Every
effort will be made to ensure that a wide cross-section of social,
leisure and artistic, services, interest, and viewpoints, including
providers, recipients and professionally related occupations are
represented.
E. No commissioner shall serve more than two consecutive terms.
F. Commission members shall serve at the pleasure of the city
council with compensation.
2.18.040 Officers -Selection.
A. The chairman of the commission shall be elected by a majority
vote of commission members in September of each year. A vice
chairman to serve in the absence of the chairman shall likewise be
elected.
B. The chairman shall preside at all meetings and provide for
periodic reports to the city council on all recommendations of the
commission.
2.18.050 Committees.
A. The commission shall organize itself into three committees
composed of two or three members each. Each committee -shall be
assigned one of the following areas of responsiblity.
1. Human services;
2. Parks and recreation;
3. Culture and fine arts.
B. The commission or committees may, from time to time, establish
subcommittees composed of citizens and/or interested people charged
with the responsibility of implementing certain designated projects
subject to commission and city council approval. At least one
member of the commission shall also be a member of each
subcommittee.
12
2.18.060 Meetings.
A. The commission shall meet regularly twice on the date selected
by the commission. Special meetings of the commission may be
called by the chairman or a majority of the commission in
accordance with state law.
B. A majority of appointed commissioners shall constitute a quorum
for the transaction of business.
C. All meetings shall be open to the publi.c.
2.18.070 Removal from office.
Any of the commission members may be removed at any time by
the city council. If a member of the commission does not attend
three regular consecutive meetings, unless excused by a majority
vote of the commission, his/her membership shall automatically be
terminated, and his/her successor shall be appointed by the city
council to serve the unexpired term.
2.18.080 Powers and duties.
A. The powers and duties of the human services committee
shall be as follows:
1. Advise the commission as to the most effective means of
allocating available resource for human service, and establish
standards for the evaluation of proposals for funding;
2. Promote interagency and intergroup coordination in the
development and delivery of human services, to avoid duplication
and conflict of effort;
3. Cooperate with governmental and nongovernmental agencies and
organizations having like or kindred functions, to assure the most
effective and efficient delivery of such services;
4. Review and study problems and needs of social service programs
and develop effective support and delivery systems needed to secure
additional resources, either through private channels or through
the city or other instrumentalities of government;
5. Inform the commission of disparities and inequities which exist
in the social service delivery system of federal, state and county
government, to ensure that citizens of the city receive equitable
treatment in the delivery of such service;
6. Hold hearings and take testimony of any person relating to any
matter under investigation or in question before the commission;
7. Make recommendations which will help to develop a sense of
community among those concerned with human service efforts in the
city, and to create awareness and cooperation between the city and
those groups doing human service work in the area;
8. Make and issue written or oral reports respecting studies,
research, investigations and other activities, and make information
available to other commissions and staff as required;
9. Recommend to the commission legislation or other remedial steps
which the committee finds to be necessary and desirable.
13
B. The powers and duties of the parks and recreation committee
shall be as follows;
1. To promote and stimulate public interest in a recreation
program, and to that end solicit to the fullest possible extent the
cooperation of special authorities and other public and private
agencies interested therein;
2. To study present and future needs of the city with regard to
recreation and park facilities, programs and events;
3. To recommend to the commission rules and regulations concerning
the use of recreational areas and facilities;
4. To encourage recreational programs, including, but not limited
to, intramural sports, lectures, concerts community affairs,
exhibits, child care center and others;
5. To investigate and provide written or oral reports to the
commission on various questions concerning recreational aspects of
the city.
C. The powers and duties of the cultural and fine arts committee
shall be as follows;
1. To recommend ways to maintain and increase the artistic and
cultural resources of the city;
2. To propose methods to encourage private initiative in the
fields of art and culture;
3. To consult with public and private groups, schools, the city,
and state or federal, cultural and art commissions interested in,
or having knowledge or experience in the field of art and culture
of the city;
4. To develop methods by which to coordinate existing resources
and facilities, and to foster artistic and cultural endeavors, and
the use of the arts both locally and outside of the city to promote
the best interests of the city;
5. To conduct studies and provide written or oral reports with the
view to formulating methods or ways by which creative activity and
high standards and increased opportunities in the arts and culture
may be encouraged and promoted in the best interests of the city's
artistic and cultural progress and the greater appreciation and
enjoyment of the arts and culture by the citizens of the city, and
how such can be encouraged and developed;
6. To recommend the allocation of funds donated by outside
organizations for cultural activities and advise upon the physical
development of projects;
7. To recommend on the use of various facilities as the city
council shall designate; and
8. To perform such other related duties and functions as the
commission may from time to time direct.
14
2.18.090 Staffing.
A. All departments of the city, through the office of the city
manager, shall furnish appropriate existing public information,
data and records, and provide technical assistance and advice as
required, within reason, as an aid to the commission and its
committees in the performance of designated duties.
B. The city manager shall, within reason or budgetary constraints
provide or cause to be provided adequate staff, clerical help, and
maintain files and records for the commission.
C. The city council shall annually review the progress of the
commission.
II. DUTIES OF OFFICERS AND STAFF
A. Chairman - The chairman shall preside at all meetings of the
Commission and shall appoint all Committees and shall perform all
other duties necessary, customary or incidental to the office.
B. Vice -Chairman - The Vice -Chairman in the Chairman's absence or
inability to act, shall take the place and perform all duties of
the Chairman. In the event of absence or inability to act by both
the Chairman and Vice -Chairman, the remaining members of the
Commission shall elect one of their members to act as temporary
Chairman.
C. Secretary - The Park and Recreations Manager, or his designees,
shall act as secretary to the Community Services Commission and
shall be the custodian of its records, conduct official
correspondence, and coordinate the clerical, and technical work of
the Community Services Commission in administering this chapter.
In addition, the Manager shall provide technical advice to the
Commission and shall assist the Commission in the discharge of
their responsibilities.
D. Manager - The Manager shall have complete administrative
authority over the Parks and Recreation Department and shall be
responsible to the City Manager for the efficient operation of the
system in all its division, as designated in the job description.
The Parks and Recreation Manager shall serve as advisory to the
Community Services Commission on matters of park and recreation and
community services policy formation and shall be subject to the
policies and direction of the City Council and City Manager.
15
III. Meetings
A. Regular Meetings - Regular meetings of the Commission shall be
open to the public and shall be held on the second and fourth
Monday of each month at 7:00 p.m. in the Council Chambers of the
City. If the regular meeting day falls on a legal holiday, the
Commission or the Secretary may fix another day thereafter. Any
regular meeting of the Commission may be adjourned to another place
and time certain within the City.
B. Special Meetings - Special meetings and study sessions shall be
open to the public and shall be held at such time and place as the
Commission may detemrine or they may be called by the chairman or
majority of the members of the Commission upon 24 hours notice
pursuant to the State of California law. The secretary shall be
responsible for giving any necessary notice of such special
meetings as prescribe by law.
C. The Brown Act - The Ralph M. Brown Act is an extremely
important law which requires that all meetings of legislative
bodies of local agencies be open and public. "Legislative Body"
includes the City Council, the Planning Commission, the Design
Review Board, the Community Services Commission, and any other
avisory body created by formal action of the City Council.
A "meeting" takes place whenever a quorum is present and official
business is conducted. The Brown Act makes punishable as a
misdemeanor the attendance by a member of a legislative body at
meeting where action is taken in violation of the Act. "Action
taken" means a collective decision, commitment or promise by a
majority of the members of the legislative body, or an actual vote
by a majority of the members when sitting as a legislative body
upon a motion, proposal, resolution, ordinance or minute order.
Although the City of La Quinta does not schedule them, study
sessions or pre -meeting briefing sessions of the City Council are
also subject to the requirements of the Brown Act.
Excluded from the public meeting requirement are discussions
between the City Council and City Attorney relating to employer -
employee relations or pending, proposed, or anticipated litigation
where open discussion would benefit the City's adversary to the
detriment of the public.
IV. Agenda for Meetings
A. Provisions should be made for the preparation of agendas.
Copies of the prepared agenda should be made available to memebrs
of the public attending the regular Commission meeting by placing
some near the entrance of the place of the meeting. No matter
other than those on the agenda can be acted upon by the Commission,
absent, urgent or emergency action taken in compliance with
Government Code.
16
B. A copy of the agenda for every regular meeting of the
Commission shall be posted in compliance with Government Code and
provided to each member no later than 72 hours prior to the date of
the meeting at which such agenda is to be considered.
C. Meeting agendas are to be mailed to the Commission on the
Thursday proceeding the Monday Commission meeting. Items on the
agenda are usually identified as topics for discussion at the
previous public Community Services Commission meeting or other
items identified as issues for discussion by staff or Commission
members.
D. Items identified using the procedure above will be noted as
agenda items.
E. Agenda items will be discussed in public unless a majority of
Commission members vote to postpone discussion. This vote will be
taken by the chair upon request of a single Commission member
and/or staff.
V. Order of Business.
A. The order of business at any regular meeting shall be as
follows:
A. Meeting called to Order
Pledge of Allegiance
Roll call
B. Approval of Minutes
C. Communication from the Public
D. Commission Business
E. Manager's Report
F. Old Business
G. Announcements
H. Identification of Items for Future Meetings
I. Adjournment
VI. Quorum
A. A quorum shall be four members present.
VII. Voting
A. Every official act taken by the Commission shall be
adopted by a majority of the Commission or quorum present.
B. A roll call vote shall be taken upon the passage of all
resolutions or upon request of any Commission member.
VIII. Time Limit
A. No matter shall be commenced after 9:00 p.m. except by
majority vote of the Commissioners present.
17
IX. Rules of Order for Conduct of Proceedings
A. The Chairman of the Commission shall be the presiding
officer and shall assume all duties as such immediately following
election. The Chairman shall preserve strict order and decorum at
all meetings of the Commission, state questions coming before the
Commission, announce its decisions on all subjects and decide all
questions of order; subject, however, to an appeal to the
Commission as a whole in which event a majority vote of the
Commission member shall govern and conclusively determine such
questions of order. The Chairman shall vote on all questions.
B. In the absence of the Chairman, the Vice -Chairman shall
call the Commission to order. In the absence of the Chairman and
Vice -Chairman the Secretary of the Commission shall call the
commission to order, whereupon a temporary Chairman shall be
elected by the Commissioners present. Upon arrival for the
Chairman or Vice -Chairman, the temporary Chairman shall relinquish
the chair at the conclusion of the item before the Commission.
X. Preparation of Minutes
A. The minutes of the Commission shall be kept by the
Secretary of the Commission and shall be neatly typewritten in a
book kept for that purpose, with a record of each particular type
of business transaction set off in paragraphs, with proper
subheads; provided, that the Secretary of the Commission shall be
required to record any remarks of Commissioner or of any other
person, except at special request of a Commissioner; provided,
further that a record shall be made of the names and addresses of
persons addressing the Commission, the title of the subject matter
to which the remarks are related, and whether they spoke in support
of or in opposition to such matter.
B. As soon as possible after each Commission meeting, the
Secretary of the Commission shall cause a copy of the minutes
thereof to be forwarded to each Commissioner, the City Manager, the
City Council, the City Attorney and the department heads.
XI. Approval of Minutes
A. Unless the reading of the minutes of the Commission
meeting is requested by a Commissioner and approved by a majority
vote, such minutes may be approved without reading if the Secretary
of the Commission previously has furnished each Commissioner with
a copy thereof. Nothing may be added to the minutes, except that
they may be amended by a majority vote of the Commission members to
reflect correctly the business of the Commission at such meeting.
18
XII. Rules of Debate
A. Presiding officer may debate and vote. The presiding
officer may move, second and debate from the chair, subject only to
such limitation of debate as are by these rules imposed on all
commissioners, and shall not be deprived of any of the rights and
privileges of a Commissioner by reason of acting as the presiding
office.
B. Getting the floor; improper references to- be avoided.
Every Commissioner desiring to speak shall address the Chair, and
upon recognition by the presiding officer, shall confine himself to
the question under debate.
C. Interruptions. A Commissioner, once recognized, shall
not be interrupted when speaking unless it is to call to order or
as herein otherwise provided. If a Commissioner, while speaking,
is called to order, the Commissioner shall cease speaking until the
question of order is determined, and if in order, shall be
permitted to proceed.
D. Disqualifications and abstention. No Commissioner shall
be permitted to disqualify or abstain from voting unless reason for
such disqualification is stated. Disqualifications and abstentions
shall not be counted by the Secretary of the Commission except as
such.
E. Silence constitutes affirmative vote. Unless a
Commissioner states a reason for not voting, silence shall be
recorded as an affirmative vote.
F. Rules of Order. Except as otherwise provided in this
Resolution, the latest edition of "Robert's Rules of Order,
Revised" shall govern the conduct of the meetings of the
Commission. However, no resolution, proceeding or other action of
the Commission shall be invalidated, or the legality thereof
otherwise affected, by the failure or ommision to observe or follow
such rules.
It is the responsibility of the Chair to control public debate so
that repetitive or irrelevant remarks are not made so that everyone
has had a chance to speak before others speak for a second time and
so as to expedite the business at hand. No person shall speak more
than twice during the same meeting to the same question, nor longer
than five(5)mintues at one time, without leave of the Chairman or
Commissioner presiding at the meeting.
Whenever any group of persons wishes to address the Commission on
the same subject matter, it shall be proper for the presiding
officer to request that a spokesman be chosen by the group to
address the Commission, and in case additional matters are to be
presented at the time by any other member of said group, to limit
19
the number of persons
unnecessary repetitions.
XIII. Decorum
addressing the Commission to avoid
A. By Commission Members. While the Commission is in
session, the members shall preserve order and decorum. Courtesy
and respect for others opinion shall always be maintained. In
addition, Commissions represent all the people of the City and
shall avoid partisanship based on the special interest.
B. By other persons. Any person, while in attendance at any
Commission meeting, shall preserve order and decorum and any person
shall neither by conversation or otherwise delay or interrupt the
Commission proceedings or the peace of the Commission. No person
shall disturb any Commission member while speaking or refuse to
obey the orders of the Commission or the presiding officer.
XIV. Motion to Adjourn
A. A motion to adjourn shall always be in order, and shall be
decided without debate.
XV. Community Services Commission Policies
A. Publicity. The Secretary shall release all offficial
information or stories to the press at the approval of the City
Manager. Copies of all publicity items shall be distributed to the
Commission for their review and information.
B. Attendance. Each Commission member shall attend every
regular or special meeting unless unavailable with prior notice
being provided to the Chairman of the Commission or the Secretary.
The Commission may excuse members if prior notice is given to the
Chairman and/or Secretary. In such an instance, the absence of a
Commission member shall be recorded in the minutes and be
classified as being excused if prior notice has been given.
Special meetings called in the absence of a Commissioner, whether
said absence is excused or unexcused, shall not be counted against
said Commissioner.
C. Conflict of Interest. Any Commissioner who has had a
direct or indirect financial interest in any matter before the
Commission shall publicly disclose for the official record the
nature of such interest and such Commissioner shall not participate
,in any discussion on the matter nor vote thereon.
D. Additional Policies. Additional policies are as filed in
office of the Park and Recreation Department.
W
XVI. Amendments
These rules and regulations may be amended by the Commission at any
regular meeting by an affirmative vote of the member of the
Commission or at any special meeting provided that the proposed
amendment is included in a written notice of such a meeting.
XVII. PUBLIC HEARING PROCESS
• Staff Presentation
• Staff Recommendation
• Commission Asks Questions of Staff
• Applicant Presentation
• Commission Asks Questions of Applicant
• Public Testimony is Taken
• Staff Respond to Public Testimony
• Discussion and Decision
21
Human Relations/Services Commission Ordinances
Cities of:
La Mirada
La Quinta
Pasadena
Vacaville
LA MIRADA HUMAN SERVICES COMMISSION
BYLAWS
SECTION 1.
There is hereby established for the City of La Mirada a Human Services
Commission of five voting members, which commission :.hall as a body constitute a
subordinate agency of this City.
SECTION 2.
The term of office of the voting members of the Human Services Commission shall
be for a period of two (2) years. The initial terms of office shall be as follows:
a. Three members, each member having a term of office which shall n
expire on the second Tuesday in June, 1990, and every two (2) years
thereafter.
b. Two members, each member having a term of office which shall expire
on the second Tuesday of June, 1989, and every two (2) years thereafter.
a
SECTION 3. 0
Each Councilman shall appoint one voting member to the Human Services
Commission. Each Councilman shall have the power to appoint and fill any vacancy
created by the death, removal, resignation or inability to act of the voting member
whose initial appointment they proposed. However, all such appointments shall be
subject to the approval of the City Council. In addition, each member may not be a
current member of any other City Commission, Committee or Board.
SECTION 4.
All voting members of the Human Services Commission shall meet the following
requirements:
a. Be a citizen of the United States.
b. Be a resident of the City of LaMirada; and
C. Have taken and filed with the City Clerk the oath as required by
Sections 2.40.010 and 2.40.030 of the La Mirada Niunicipal Code.
Section 5.
Vacancies to the Human Services Commission shall be filled by appointment,, with
the approval of the City Council in the manner and method prescribed by Section 4
LEAGUE OF CALIFORNIA, C
Exhi bi t "G" =4oa'r Street x
Saoramento. Callfornlia U814
RETTTR N T*T n
Page Z
of these Bylaws. Persons appointed to fill a vacancy shall serve only for the
unexpired term of office of the member whose vacancy he/she fills.
SECTION 6.
Members of the Human Services Commission shall be removed from office of their
office declared vacant in the following manner and for the following reasons:
a. By a majority vote of the entire City Council.
b. If a member shall no longer be a resident of the City, in whch event
removal shall be automatic and no action by the City Council shall be
necessary.
C. If a member shall be absent from three (3) consecutive regular meetings
of the Human Services Commission, in which event removal shall be
automatic and no action by the City Council shall be necessary.
d. If a member shall be absent from four (4) regular meetings in any
twelve month period of the Human Services Commission, in which event
removal shall be automatic and no action by the City Council shall be
necessary.
e. At the end of the member's term of office, in which event removal shall
be automatic and no action by the City Council shall be necessary.
SECTION 7.
The Commission shall observe the following rules in its organization.
a. The Commission shall elect a chairman and vice chairman and such
other officers as may be required from among their membership.
b. The Commission shall elect its officers once every twelve months. Said
election shall be held at the regular July meeting of the Commission.
C. The Commission may appoint such subcommittees as may be required.
SECTION 8.
The Commission shall observe the following rules in the conduct of its meeting and
business:
a. The Human Services Commission will meet the third Wednesday of
every month at 5:00 p.m. in the Conference Room, La Mirada City Hall.
Page 3
b. All meetings shall be open to the public.
C. City Council members and the City Manager, when in attendance, shall
have the right to be heard on all matters; however, they shall have no
vote as to any Commission action to be taken.
d. Rules for the transaction of business shall be adopted by the
Commission and followed.
e. A special meeting may be called at anytime as provided by the
provisions as found in California Government Code Sections 54950, et.
seq., as the same may be amended from time to time hereafter.
f. All meetings shall comply with the procedures and substantive
regulations of California Government Code Sections 54950, et. seq., as
the same may be amended from time to time hereafter.
SECTION 9.
The Human Services Commission shall have the following duties, responsibilities,
authority, and limitations as to its authority:
a. The Commission shall be responsible for making studies, reports, and
recommendations to the City Council on matters relating to the need
for the following: evaluation and planning of the human service
delivery system which is defined as human service contract services,
youth and senior services, the coordination of the services and
evaluation of possible service overlaps or gaps. The Commission's
responsibilities shall include recommendations to the City Council as to
annual budgetary requirements and requests for funding from Human
Service contractors. The Commission shall prepare a master plan for
providing recommended services.
b. The Commission shall receive and expeditiously act on all special
assignments made by the City Council and shall submit reports and
recommendations to the City Council on these assignments.
C. The Commission may submit recommended projects to the City Council
for possilbe assignment by the Council.
d. The Commission shall submit at appropriate times activity reports to
the City Council advising of the status of assigned projects and other
matters under consideration.
e. All actions and business of the Commission shall be conducted by the
Commission as a whole, unless a representative or subcommittee
thereof is formally appointed by the Commission to act on its behalf.
Page 4
f. Expenditure of budgeted funds shall require the approval of the City
Manager. Proposed expenditures' not provided for in the annual budget
shall be presented to the City Council with a recommendation for a
special appropriation.
g. It shall be the responsibility of the Commission to be represented at
meetings of the City Council and other Commissions when matters of
joint concern are to be discussed, and to advise chairman of other
commissions of Human Services Commission matters of concern to that
Commission which are to be discussed by the Human Services
Commission.
h. No decision of the Commission shall be final and binding. on the City
unless approved by the City Council or unless authority for such
decision's finality has been granted to the Commission by provisions of
City ordinance.
Established by Resolution 88-12, adopted 2-23-88.
Amended by Resolution 88-47, adopted July 26, 1988.
ORDINANCE NO. 33
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA, CREATING AND
ESTABLISHING A HUMAN RELATIONS COMMITTEE.
The city council of the City of La Quinta, California, does ordain
as follows:
SECTION 1. Pursuant to Sections 50262 et seq. of the Govern-
ment Code of the State of California, there is hereby established
for the city a human relations committee, which shall consist of
five members, serving without compensation, and appointed in the
manner and for the terms prescribed in Sections 2.04.060 and 2.06.010,
respectively, of the La Quinta Municipal Code.
SE _ON 2.. The Committee shall have the responsibilities and
obligat__.is set forth in Sections 50264 and 50265 of the Government
Code, and in particular as follows:
(a) To foster mutual respect and understanding among all
racial, religious and nationality groups in the
community.
(b) To make such studies in any field of human relation-
ship in the community as in the judgment of the
committee will aid in effectuating its general purposes.
(c) To inquire into incidents of tension and conflict
among or between various racial, religious and
nationality groups, and to take action by means of
conciliation, conference, and persuasion to alleviate
such tensions and conflict.
(d) To conduct and recommend such educational programs as,
in the judgment of the committee, will increase good
will among inhabitants of the community and open new
opportunities into all phases of community life for
all inhabitants.
SECTION 3. Pursuant to Section 50262 of the Government Code,
in selecting the membership of the Committee, the City Council shall
take into consideration, among other things, the various religious,
racial, nationality and political groups in the community. The
Committee shall designate its own chairperson and vice -chairperson.
SECTION 4. Meetings and Procedures. Regular meetings of the
Committee shall be ..ald quarterly on such days, times and locations
as are determined by the Committee and may be adjourned from time to
time as the Committee may deem appropriate. The Chairman of the
Committee may call special meetings in the manner provided for by
law. All meetings shall comply with the requirements of the Ralph M.
Brown Act and shall be structured so as,to permit the broadest exchanqe
of viewpoints and communication of ideas between members of the
Committee, members of the community and other interested parties.
n
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0
c,
ORDINANCE NO. 3 rN
.SECTION 5. Minutes and Reports. The Committee shall forward
minutes of its meetings to the City Council and City Manager as soon
as is practicable after each regular and special session. Further,
the Committee may forward reports to the City Council and/or the City
Manager as appropriate.
SECTION 6. Staffinq Assistance. The Committee shall have
reasonable access to, and cooperation of, all City staff as necessary
to proper performance of the functions described above. Requests for
additional professional staff and/or financial assistance shall be
directed to the Cizy Manager and may be subject to subsequent approval
by the City Council.
SECTION 7. EFFECTIVE DATE. This Ordinance shall be in full
force and effect thirty (30) days after passage.
SECTION 8. POSTING. The City Clerk shall within 15 days after
passage of this ordinance, cause it to be posted in at least the 3
public places designated by resolution of the City Council; shall
certify to the adoption and posting of this ordinance; and shall cause
this ordinance and its certification, together with proof of posting,
to be entered in the book of ordinances of this City.
The foregoing ordinance was approved and adopted at a meeting
of the City Council held on this 2_1s_t_day of June 1983, by
the following vote:
AYES: Council Members Allen, Cox, Henderson, Wolff and Mayor Baier.
NOES: None.
ABSENT: None.
ATTEST:
"CrTY CLERK
APPROVED AS TO FORM:
ITY ATTORNEY
APPROVED AS TO CONTENT:
- _'�c—D-i3
ADMINISTRA FION AND PERSONNEL
B. Service of the notice upon the resident manager on the ZS
premises or upon the person named in notices posted pur- 2. suant to Section 1962 of the Civil Code shall be deemed to A.
be service upon the landlord.
(Ord. 5500 § 1 (part), 1980.)
2.49.120 Consolidated hearings.
A. Whenever more than one request for mediation has been
tiled with respect to rental units which are under common B.
ownership or management and which are operated as a
single housing complex, and which relate to common sub-
ject matter, such requests may, on order of the chairperson,
be consolidated for hearing.
B. Two or more persons may join in a petition for mediation,Awe
or be named in a petition for mediation, whenever the dis-
pute relates to all of the parties named. n
(Ord. 5500 § 1 (part), 1980.)
2.49.130 Fees.
.v =
The board of directors shall, by resolution, establish a fee W
schedule. The fee schedule shall be established at a rate minimal fa
enough to accommodate low income persons. The mediation
board shall recommend at least annually the appropriate fee
schedule. (Ord. 5500 § 1 (part), 1980.)
Chapter 2.50
HUMAN RELATIONS COMMI'I'I'EE19
Sections:
2.50.010 Findings and declaration.
2.50.020 Created —Members.
2.50.030 Meetings.
2.50.040 Duties and functions.
2.50.060 Committee not review board.
(Pasadena 6-82) 72-10
LEAGUE OF CALIFORNIA CIMBS
1400 K Street
Sacramento, California 95814
RETURN R i ii Wi Baum FULP&SE
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HUMAN RELATIONS COMMITTEE
2.S0.010 Findings and declaration.
A. The board of directors of the city finds that racial tension
and conflict contribute substantially to the creation of
juvenile delinquency and adult crime; that prejudice,
intolerance and discrimination against any individual or
group because of race, religion, national origin or cultural
background promote tension and conflict, all of which
adversely affect the peace and public welfare.
B. The purpose of this chapter is to eliminate such prejudice,
intolerance, and discrimination and thereby promote the
public health, welfare and security; to create a committee to
achieve better human relations; and to provide assistance to
private persons and groups in promoting good will and
better relations among all people.
(Ord. 5261 § 1, 1976: Ord. 4626 § 1, 1963.)
2.S0.020 Created —Members.
A. Theme is created a human relations committee of the city.
The committee shall consist of 1 S members, or such number
as hereafter may be determined by resolution of the board
of directors of the city.
B. The members of the committee shall be appointed by the
board of directors and shall serve without compensation.
One member of the committee shall be appointed from each
district of the city by the director from that district and the
remaining eight members shall be appointed by the entire
board of directors from the city at large. Each member shall
serve for a term of three years; provided, however, that
those rust appointed shall classify themselves by lot so that
their several terms shall expire as follows: 5 on June 1,
1977; 5 on June 1, 1978; 5 on June -1, 1979; provided
further, however, that those members in office on May 31,
1979, shall have their terms of office extended to June 30
for the year of their normal expiration. The members
shall continue in office for the terms for which they were
appointed or until their successors are appointed and quali-
fied. No member shall serve on the committee for more
than 2 consecutive terms. A reappointment to the
committee may be made at the expiration of 1 year after
72-1 1 (Pasadena 6.82)
,ADMINISTRATION AND PERSONNEL
the completion of the commconsecutive terms. The chairperson of
ittee shall be elected by the members thereof a
nd
shall serve for a period of- 1 year from the date of his or her
election. All appointments shall be subject to the right of
the board of directors to remove any member of the
committee at its pleasure. Any member who is absent from
3 consecutive regular meetings shall be removed from office
except that this policy may be waived by a majority vote of
the committee because of extenuating circumstances
deemed bevond the absent member's control.
(Ord. 5423 § 1, 1979; Ord. 5261
§§ 2, 3, 1976; Ord. 5077 §
1972; Ord. 4626 § ?, 1963.)
1,
2-50.030 meetings.
The committee shall meet not less than once a month
shall adopt, by a majority vote, such rules of Procedureand
deems necessary or desirable for the conduct of its meetings.it
shall elect such officers as it may deem necessary. It
4, 1976: Ord. 4626 § 3, 1963.) y (Ord. 5�61 §
Z50.040 Duties and functions.
The committee shall:
A. Formulate ideas and suggest programs in the areas
of
(Pasadena 6.82)
72-12
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V.
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B. C
1,
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F.
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11
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HUMAN RELATIONS COMMITTEE
research and education for the purpose of lessening rscial
and religious prejudice and of fostering attitudes smonx the
various groups within its jurisdiction which lead to civic
peace and intergroup understanding;
B. Develop and participate in plans and programs designed to
promote the full acceptance of all citizens in the
community in all aspects of community life, without regard
tonal origin age, sex, or a minority
to race, religion, na i •
affiliation: wide
C. Cooperate with and assist in coordinating on a city
in
ngagd
basis the work of those community agencies engaged
respect among r
fostering mutual understanding and
religious. ious. cultural groups in the city, or in attempting to
against any such group
discourage discriminatory practices
Ij
or any of its members;
the city manager and through that office
v
Cooperate with
D. p
with the various city departments in identifying
with they
�
ameliorating human relations problems
may be concerned;
to time recommend measures
serveito
N .
E. From time wtlli
legislation. to the board of directors which
improve human relations within the city;
human relations problems may
•= ;.
F. provide a forum where
presented and discussed and their implications evaluated
s..
with the understanding that if such problems require
will
corrective action the committee tMnsmit
thereon to the board of directors. human
i
,
recommendations
relations problems shall include claims of abridgements
�-
equalopportunity in employment, housing and education
a
because of race, religion, national origin, age, sex or
affiliation and intergroup based upon
residents
minority of the
any of these factors, between p lice and
u s within the
community, and between various groups
community:
G. "maintain close liaison with the police department through
the chief or his representatives and promote unde st nd�d
and cooperation between the police departm
residents of the community;
the police department in assuring that a
H.Cooperate with
d ro m of human relations training is provided for
soun p
73 (Pasadena L i - i S-76)
....
i yf1
.w
`,I)SU FIST -RATION AND PERSONNEL
new recruits. and refresher, courses for all members of the
department:
I. Encourage and assist representatives of the local law
enforcement agencies. the judicial system and other
interested community groups in developing and maintaining
liarmonious relationships between the law enforcement
agencies and the residents of the city.
(Ord. 5261 § 5. 1976, Ord. 4966 § 1, 1970; Ord. 4626 § 4,
1963.)
_.50.060 Committee not review board.
The committee or any of the subcommittees it may create
Tall not be considered in theory or function as a police review
board. (Ord. 5'61 § 7, 1976: Ord. 4847 § 1 (part), 1967: Ord.
4626 § 6, 1963.)
(Nasidena I I.1 5-7e) 74
2.32.010--2.32.020
r
Sections:
2.32.010
2.32.020
2.32.030
2.32.040
2.32.050
2.32.060
Chapter 2.32
HUMAN SERVICES COMMISSION*
Appointment.
Powers and duties.
Meetings.
Officers.
Vacancy caused by absence.
Compensation.
2.32.010 Appointment. The human services commission
shall consist of seven members, not officials of the city.
The members of this commission shall be appointed by the
mayor with the approval of the city council. A member of
the commission may be removed by a majority vote of the
city council. A vacancy, from whatever cause, shall be
filled in the same manner. (Ord. 1235 51(part), 1985:
Ord. 1081 51, 1980: Ord. 962 51, 1977).
2.32.020 Powers and duties. The duties and functions
of the corm* ssion shall be as follows:
A. To develop and administer programs and plans de-
signed to lessen racial and religious prejudice and to
promote the full acceptance of all citizens within the
comity in all aspects of community life, without regard
to race, religion or national origin;
B. To cooperate with and assist those community agen-
cies engaged in fostering mutual understanding and respect
among all racial, religious, cultural and nationality
groups or who are engaged in the function of discouraging
discriminatory practices against such groups or individu-
als;
C. To recommend from time to time to the city council
the enactment of legislation which has as its purpose the
improvement of human relations within the city;
D. To cooperate with any city department in identify-
ing and ameliorating human relations problems with which
.they may be concerned;
E. To meet and cooperate with other official govern-
mental agencies within the county also charged with similar
functions, to discussandexchange ideas on programs to
promote civic peace, mutual understanding and respect be-
tween individuals of all races, religions and ethnic back-
grounds;
* For statutory provisions
relations commissions by
et sea.
on the creation 7C
cities, s ov. Code_.§50262
27, . ,. J./ (Vacaville 5/92)
2.32.030--2.32.060
F. To engage in such studies, research and education
as is _necessary to accomplish the purposes set forth in
this section. (Ord. 1081 52, 1980: Ord. 962 52, 1977).
2.32.030 Meetings. The human services commission
shall meet from time to time at the call of the council.
It shall adopt, by majority vote, such rules as it shall
deem expedient for the conduct of its business, not con-
trary to other provisions and policies heretofore adopted
by the city council for the conduct of city commissions.
(Ord. 1235 §1(part), 1985: Ord. 1081 53, 1980: Ord. 962
§3, 1977) .
2.32.040 Officers. The commission shall elect such
officers as it may deem necessary for the conduct of busi-
ness. (Ord. 1081 54, 1980: Ord. 962 54, 1977).
2.32.050 Vacancy caused by absence. If a member of
the commission fails to attend three consecutive regular
meetings he shall automatically cease to be a member of the
commission, and the city council shall fill the vacancies;
provided, however, that regularly scheduled vacations by
commission members not exceeding six weeks shall not be
deemed to be absences. (Ord. 1081 §5, 1980: Ord. 962 §5,
1977) .
2.32.060 Compensation. The members of the human
services commission shall serve without compensation.
However, they shall receive ten dollars per meetings as
reimbursed expenses. (Ord. 1235 51(part), 1985: Ord. 1081
56, 1980: Ord. 962 56, 1977).
Chapter 2.33
HOUSING AND REDEVELOPMENT COMMISSION
Sections:
2.33.010
Name of commission.
2.33.020
Appointment.
2.33.030
Qualifications and composition.
2.33.040
Term.
2.33.050
Vacancy caused by absence.
2.33.060
Powers and duties.
2.33.070
Meetings.
2.33.080
Special meetings.
2.33.090
Quorum.
2.33.100
Order of business.
2.33.110
Bylaws.
(Vacavill- 5/92) 28
MASTER ART PLAN
A PUBLIC ART PLAN FOR THE
CITY OF LA Q UINTA
A Project of the Art in Public Places Committee
John Walling, Chairman
Kay Wolff, Vice Chairman
Meg Robertson, Committee Member
Nancy Nard, Committee Member
Under the Direction of the Planning and Development Department
Jerry Herman, Director
June, 1993
1
TABLE OF CONTENTS
1.0 Introduction
1.1 Defining Public Art
1.2 Mission Statement
1.3 History of Public Art in La Quinta
2.0 Guidelines for Handbook/Manual
2.1 Purpose of a Public Art Program
2.2 Artist's Rights
3.0 Administering a Public Art Program
3.1
4.0 Arts Committee Selection
4.1
5.0 Funding a Public Art Program
5.1
APPDOC.003 2
1.0 INTRODUCTION
1.1 Defi;ning Public Art
The La Quinta Ordinance (Chapter 2.65) "Public Art" is defined as original creations of art
which are easily visible and accessible to the public. The ordinance further states, this public
art can include, but is not limited to sculpture, murals, mosaics, fountains, and paving designs.
Part of the definition of public art includes the process by which the art is realized, i.e., through
the involvement of the community, and the function which it will later serve, i.e., to be
identifiable with the community, reflective of a moment in time and enhancing the quality of life
for our citizens.
Public art in La Quinta must strive to break the traditional forms (monuments to ego or power,
"plop -art" afterthoughts) and yet not be faddish or transitory. Rather the goal is to use a
collaborative approach, involving the community, artist and developer, to create a "place" with
a distinct, even surprising ambiance which will uplift the observer with a fresh perspective of
the historical or social environment and his/her place in our community.
The major and significant cities of the world have unique identities. They offer rich and varied
aesthetic gifts to citizens and visitors alike. They are centers of commerce, history and
APPDOC.003 3
intellectual achievement. The elements of their physical environment - architect, art, green
lands, and open spaces - are like fingerprints. These qualities put them on the "significant"
chart. Finally, each city's identity is a result of how it looks, how it feels, and how it is used.
The city which provides the finest visual experiences for its people and visitors serves its own
need for prestige. An Arts District is creating, and certainly one part of building toward world -
class identity. But prestige is ascribed to a whole city, not just a district. Public art must be
an integral part of the entire city's lifestream to give a sense of a healthy, vibrant place.
1.2 Mission Statement
To express the character and history of our community and contribute to our civic pride;
To promote understanding and awareness of visual arts in a public environment and to expand
the public's experience with the visual arts. To create a more visually pleasing and humane
environment, to enhance the environment and unique character of La Quinta, and to add to the
economic viability of the community;
To make available to La Quinta residents, artwork of the highest quality and to address an
audience both broad and heterogeneous, that will in turn, enhance the quality of life in La
Quinta;
APPDOC.003 4
To create a dialogue and collaboration between artists, architects, city planners and citizens,
which builds bridges of tolerance, appreciation and understanding.
1.3 History of Public Art in La Quinta
While the La Quinta Art in Public Places (APP) program is quite young, there are locations in
our community which approximate the goals of the APP program. While not created by
"artists", these locales achieve the uplifting powers which enhance our lives. Many of these are
natural: vistas of our mountains, cove, clear skies, or waterlines which have made our
community so attractive to residents and visitors. Others are archaeological: native American
artifacts - still others are modern constructions which create a unique ambiance, such as the La
Quinta Hotel.
To further enhance the quality of life in La Quinta, the Community Services Commission,
spearheaded by Maureen Mendoza, invited representatives from neighboring cities to relate the
goals of an APP program to the Commissioners in 1989. A draft ordinance was written and
presented to the City Council, and passed into law on June 19, 1991.
Five APP committee members were selected and commenced meetings in January, 1991. The
APP recommended its first commissioned piece to the City Council to be installed on the
grounds adjacent to the new City Hall, scheduled for completion in mid 1993.
APPDOC.003 5
r
2.0 Guidelines for Handbook/Manual
2.1 Purpose of a Public Art Program
To express the character and history of our community and contribute to our civic pride;
To promote understanding and awareness of visual arts in a public environment and to expand
the public's experience with the visual arts. To create a more visually pleasing and humane
environment, to enhance the environment and unique character of La Quinta, and to add to the
economic viability of the community;
To make available to La Quinta residents, artwork of the highest quality and to address an
audience both broad and heterogeneous, that will in turn, enhance the quality of life in La
Quinta;
To create a dialogue and collaboration between artists, architects, city planners and citizens,
which builds bridges of tolerance, appreciation and understanding.
The City of La Quinta has developed a nationwide reputation through the annual La Quinta Arts
Festival and other artistic events, and attracts thousands of visitors every year to view and
purchase art and crafts in the City. The public health, morals, safety and welfare, the
preservation and enhancement of property values and economic vitality, as well as the popularity
APPDOC.003 6
and prosperity of the community, are dependent upon and enhanced by visually pleasing and
high quality public art.
The stated goal of the Cultural Resources Element of the General Plan is to provide "enrichment
of the community by adequate cultural and recreational facilities and activities". To implement
this goal, the General Plan mandates the City to "provide facilities and encourage opportunities
for cultural enhancement of the City of La Quinta" . The General Plan further states that "the
cultural resources of a city encompasses those facilities and programs which refresh, enhance
or re-create people's bodies and spirits". Community parks, recreational activities, historic
resources, library facilities and art festivals are included in this classification. The Art in Public
Places Program is intended to achieve this purpose by providing visual art throughout the City.
The purpose of a public art program is to integrate the work and thinking of artists - along with
that of other design professionals - into the planning, design, building, and development of the
City of La Quinta in order to effect the highest standards of design for the City.
The purpose of a public art program also is to foster change. Probably more important than the
change which comes from enhancing the quality of the environment is changing human action
and perception. As citizens become involved in the processes of public art, they become more
responsive to their visual world and begin to accept more responsibility for it. With this
responsibility comes a new awareness of what one ought to expect from the City and its
planners. Finally, with exposure to more and more public art, the public response becomes
APPDOC.003
more mature, less intolerant.
Goals of a Public Art Program
Uft _ -C by:
Giving it identity.
Enhancing its prestige.
Enlivening and completing the visual environment created by a partnership of
architecture, art, landscape, green and open spaces.
Giving examples to be emulated of good, people -responsive public spaces.
Providing a means for cultural expression and cultural diversity.
Giving them places of beauty.
Creating neighborhood identity and cohesion.
Fostering a City in which to have pride.
Developing a focus for dialogue and thereby learning.
Offering a means whereby to participate in the function of the City.
Vto� by:
APPDOC.003 8
Providing an important element in increased tourism.
Contributing to the "quality of life" package for individuals and corporations
contemplating locations.
Creating more jobs for artists and the many small businesses that support their
commissions.
Utilizing artists as problems solvers where creative, economical solutions are needed.
PbtW e by:
Enhancing the quality of the visual environment.
Improving one's ability to respond to elements of the visual world.
Investing individuals with the responsibility for their visual world.
Educating citizens to what they should expect from plans and programs and those who
create them.
Honoring perceptions of what our times reflect about the world.
A by:
Involving artists in activities of their City as the professionals they are.
Bringing about collaborations among the designers in architecture, art, and landscape.
Including artists in the planning process of the City and its neighborhoods.
APPDOC.003 9
Involving the public as participants in ordering the visual environment of their City.
2.2 Artists Rights
Policies governing artists' rights shall be as stated below:
The City of La Quinta has a deep and long standing commitment to providing an
environment in which the arts and culture can flourish.
In order to protect the rights of the artist the following Policy Goals are included:
To create a climate wherein La Quinta artists and cultural organizations can thrive.
To foster a high level of quality, creativity, and diversity in all forms of the arts and
cultural programs in the City of La Quinta.
The City of La Quinta encourages its individual artists and scholars to continue to work
and live in La Quinta and endeavors to make the community at large aware of
their contributions to the quality of life in the City.
The City will actively support the public art program by encouraging the utilization of
recognized artists, with an emphasis placed on City and regional talent.
If artists' rights are to be relevant to a public art program, it is important to see the artist's
relationship to the community. An artist must be recognized as a cultural asset, one
acknowledged in his/her field, making a unique contribution as a Citizen Artist. There should
APPDOC.003 10
be a commitment and visible indication by the community that it is reasonable and desirable for
an artist to stay in the City. The artist, likewise, must accept the challenge, as stated by artist
George Segal, to "...maintain the density of your subject matter, a decently high level of
thinking, and still be accessible to a lot of people".
Artists' rights shall be incorporated into the contractual documents for public artworks of the
City of La Quinta, using the contract model developed by the New York City Bar Association
except where modifications serve the parties more fully. The contract documents shall
acknowledge the following definitions as a means of reflecting various possible contributions by
artists:
Artwork: A tangible creation by an artist, such as a sculpture object, a mural, painting,
wall hanging, a wall of whatever material, photograph, functional element, etc.
A lace: A defined space, the concept for which is created by an artist or a
collaboration of design professionals, such as an earthwork or park which may be a
design of land forms, paths, bridges, viewpoints, dams, or berms, and may or may not
include sculptural forms; entrance or exit places to a city, park, or area; places where
citizens gather or congregate; plazas where a total element is created, etc.
Art Concept: An idea or concept developed when an artist or artists collaborate with
each other or with other design professionals to create a plan or concept for a park, for
APPDOC.003 11
streetscaping, for circulation patterns, for place usage, for a transportation system, for
public works projects, etc. Also that idea or concept developed by an artist(s)
manifesting in an artwork(s) not necessarily fabricated by the artist(s).
It is recommended that the following artists' rights be guaranteed:
A. Public artworks, artplaces, and art concepts cannot be altered, modified,
removed, or moved from a site which is integral to the concept for the work
without the artist's written permission. If a work, nevertheless, has been
significantly altered, the artist shall have the right to disclaim paternity or
authorship. Nevertheless, if the City's best and reasonable efforts to contact the
artist and receive written permission have failed, the City may proceed with its
plans.
B. Maintenance of public artworks, artplaces, and art concepts shall be the
responsibility of the City, not the artist, and the City commits to keep them in a
well -maintained state.
C. Repairs and restorations shall be the responsibility of the City. The City shall
notify the artist or collaborative team before repairs or restoration in order to
provide an opportunity for comment. If that which needs care is artwork separate
APPDOC.003
from a building or not integral to the architecture, the City may offer the artist
12
or collaborative team the right to do the work or to supervise it. The City shall
reserve the right to make minor and/or emergency repairs without consulting the
artist or team so long as those repairs are done according to the "Materials and
Care" instructions provided by the artist at the time of acquisition.
D. The artist shall be guaranteed resale royalties on the appreciated value of the
work should the City sell the artwork.
E. Copyright of public artwork, artplaces, art concepts shall belong to the creator(s),
but the City must be granted in the contract the right to make two-dimensional
reproductions for non-commercial purposes.
F. An artist or collaborative team involved with creating an artwork, artplace, or act
concept shall have rights to supervise construction, fabrication, and/or application
of ideas when done by third parties for the purposes of quality and design control.
APPDOC.003 13