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ORD 416 Conflict of Interest CodeORDINANCE NO. 416 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. The La Quinta Charter Municipal Code is amended as follows: "2.60.020 Designated employees - Disclosure categories Accounting Manager' Assistant City Manager* Building and Safety Director' Building and Safety Manager' City Attorney* City Clerk' City Manager* Community Development Director' Community Safety Manager' Ordinance No. 416 Conflict of Interest Adopted: April 5, 2005 Page 2 Community Services Director' Consultants'** Finance Director* Golf and Parks/Landscape Manager' Maintenance Manager' Management Analyst' Management Assistant' Members 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' Personnel/Risk Manager' Planning Manager' Principal Planner' Public Works Director/City Engineer' Senior Engineer' Special Projects Coordinator' 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 a two 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 whether 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. 416 Conflict of Interest Adopted: April 5, 2005 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 (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, at a regular meeting of the La Quinta City Council held this 5th day of April, 2005, by the following vote: AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph NOES: None ABSENT: None -- ABSTAIN: None Ordinance No. 416 Conflict of Interest Adopted: April 5, 2005 Page 4 ,L- %a . A 3wilow I 1w k� DON AD LPH, ayor City of La Quinta, California ATTEST: J S. GREEK, CMC, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: OKATHtAINE JENSO ity Attorne City of La Quinta, California Ordinance No. 416 _._. Conflict of Interest Adopted: April 5, 2005 Page 5 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss. CITY OF LA QUINTA 1 I, JUNE S. GREEK, 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. 416 which was introduced at a regular meeting held on the 151h day of March, 2005, and was adopted at a regular meeting held on the 5th day of April, 2005, 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. U . GREEK, CMC, ity Clerk City of La Quinta, California DECLARATION OF POSTING I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on 15, jLoo,5 , pursuant to Council Resolution. JUNE S. GREEK, CMC, City Clerk City of La Quinta, California