ORD 475 Conflict of Interest CodeORDINANCE NO. 475
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
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"); 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:
2.60.020 Designated employees -Disclosure categories
Accounting Manager
Assistant City Attorney*
Assistant City Manager
Assistant City Engineer*
Building and Safety Director'
Building and Safety Manager
City Attorney*
City Clerk'
City Manager*
Community Development Director'
Community Safety Manager'
Community Services Director'
Consultants
Deputy City Attorney'
Ordinance No. 475
Amend Municipal Code Section 2.60.020
Conflict of Interest Code
Adopted: December 1, 2009
Page 2
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 Housing 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:
i. 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,
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:
Ordinance No. 475
Amend Municipal Code Section 2.60.020
Conflict of Interest Code
Adopted: December 1, 2009
Page 3
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 15t day of December, 2009, by the
following vote:
AYES: Council Members Evans, Franklin, Henderson, Sniff, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
DON ADO PH, M r
City of La Quinta, California
ATTEST:
VERONICA J. MONTECINO,
City of La Qua, California
(City SeaD
Ordinance No. 475
Amend Municipal Code Section 2.60.020
Conflict of Interest Code
Adopted: December 1, 2009
Page 4
APPROVED AS TO FORM:
M. KATHERI E JENSON, Ci Attorney
City of La Quinta, California
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. 475, which
was introduced at a regular meeting on the 172'' day of November, 2009, and was
adopted at a regular meeting held on the 152 day of December, 2009, not being less
than 5 days after the date of introduction thereof.
I further certify that the foregoing Ordinance was posted in three places within the City
of La Quinta as specified in a Resolution of the City Council.
~FIERONICA J. M~CIT~CINO, City Clerk
City of La Quin a, California
DECLARATION OF POSTING
I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta, California, do hereby
certify that the foregoing ordinance was posted on the Z~ day of December, 2009
pursuant to Council Resolution.
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VERONI A J. ONTECINO, City Clerk
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City of La Q~linta, California
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