ORD 463 Conflict of Interest CodeORDINANCE NO. 463
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, AMENDING CHAPTER 2.60
SECTION 2.60.020 RELATING TO THE CITY OF
LA QUINTA CONFLICT OF INTEREST CODE
THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES ORDAIN
AS FOLLOWS:
WHEREAS, the Political Reform Act, Government Code Section 81000, et seq.,
requires state and local government agencies to adopt and promulgate conflict of
interest codes; and
WHEREAS, the Fair Political Practices Commission (the "FPPC") has adopted a
regulation, 2 California Code of Regulations Section 18730, which contains the terms
of a standard conflict of interest code which can be incorporated by reference; and
WHEREAS, the City of La Quinta (the "City") has adopted by reference the
FPPC's regulation as well as a list of designated employees as Chapter 2.60 of the La
Quinta Municipal Code (the "Code"1; and
WHEREAS, the City desires to make changes to the list of designated employees
and disclosure categories to reflect the current classifications/positions within the City;
and;
WHEREAS, the City believes these changes are in the best interests of the
citizens of the City of La Quinta.
NOW THEREFORE, the City Council of the City of La Quinta does ordain as
follows:
SECTION 1. AMEND CHAPTER 2.60 OF THE CODE AS FOLLOWS:
Amend 2.60.020 Designated Employees -Disclosure categories as
follows:
" 2.6.020 Designated employees -Disclosure categories
Accounting Manager'
Assistant City Attorney*
Assistant City Manager'
Assistant City Engineer*
Ordinance No. 483
Conflict of Interest Code
Adopted: December 16, 2008
Page 2
Building and Safety Director'
Building and Satety Manager'
City Attorney*
City Clerk'
City Manager*
Community Development Director'
Community Safety Manager'
Community Services Director'
Consultants' *
Deputy City Attorney'
Economic Development Project Manager'
Finance Director*
Golf and Parks/Landscape Manager'
Maintenance Manager'
Management Analyst'
Mayor*
Member of the Architecture & Landscape Review Committee'
Members of the City Council*
Members of the Community Services Commission'
Members of the Cultural Arts Commission'
Members of the Historic Preservation Commission'
Members of the Investment Advisory Board'
Members of the Planning Commission*
Members of the Project Area Committee'
Museum Services Manager'
Personnel/Risk Manager'
Planning Director'
Planning Manager'
Principal Planner'
Public Works Director/City Engineer'
Senior Engineer'
Persons listed in this category shall disclose all investments, business positions and income from
sources located in or doing business in the city and any interests in real property located in the
city, including property located within atwo-mile radius of any property owned or used by the
city.
Persons holding these positions file the Form 700 Statement of Economic Interest pursuant to
Government Code Section 87200.
Commission Regulation 18700 defines "consultant" as an individual who, pursuant to a contract
with a state or local government agency:
A. Makes a governmental decision to:
1. Approve a rate, rule or regulation,
2. Adopt or enforce a law,
3. issue, deny, suspend or revoke any permit, license, application, certificate, approval,
order or similar authorization or entitlement,
Ordinance No. 483
ConfliM of Interest Code
Adopted: December 16. 2008
Page 3
4. Authorize the agency to enter into, modify or renew a contract provided it is the type of
contract which requires agency approval,
5. Grant agency approval to a contract which requires agency approval and in which the
agency is a party or to the specifications for such a contract,
6. Adopt or grant agency approval of policies, standards, or guidelines for the agency, or
for any subdivision thereof; or
B. Serves in a staff capacity with the agency and in that capacity performs the same or
substantially all the same duties for the agency that would otherwise be performed by an
individual holding a position specified in the agency's conflict of interest code.
Consultants shall be included in the list of designated employees and shall disclose pursuant to the
broadest disclosure category in the code subject to the following limitation:
The city manager may determine in writing that a particular consultant,
although a "designated position," is hired to perform a range of duties that is
limited in scope and thus is not required to fully comply with the disclosure
requirements described in this section. Such written determination shall include
a description of the consultant's duties and, based upon that description, a
statement of the extent of the disclosure requirements. The city manager's
determination is a public record and shall be retained for public inspection in the
same manner and location as this conflict of interest code.
SECTION 2. EFFECTIVE DATE: This Ordinance shall be in full force and effect
thirty days (30) days after its adoption.
SECTION 3. POSTING: The City Clerk shall cause this Ordinance 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.
PASSED, APPROVED, and ADOPTED this 161h day of December, 2008, by the
following vote:
AYES: Council Members Franklin, Henderson, Kirk, Sniff, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
DON AD PH, or
City of La Quinta, California
Ordinance No. 483
ConfliM of Interest Code
Adopted: December 16, 2008
Page 4
ATTEST:
VERONICA JTECINO, City Clerk
City of La Qui California
(City Seal)
APPROVED AS TO FORM:
M. KATHERI E JEN O ,City Att nay
City of La Quinta, Cal nia
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss.
CITY OF LA QUINTA )
I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta, California, do hereby
certify the foregoing to be a full, true, and correct copy of Ordinance No. 463, which was
introduced at a regular meeting on the 2nd day of December. 2008. and was adopted at a
regular meeting held on the 16 h day of December, 2008, not being less than 5 days after
the date of introduction thereof.
further certify that the foregoing Ordinance was posted in three places within the City of
La Quintay~s specified in a Resolution of the City Council.
City of La QuidYa, California
DECLARATION OF POSTING
I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta, California, do hereby
certify th~the foregoing ordinance was posted on December 23, 2008, pursuant to
City of La Qujfi~, California