ORD 221 Conflict of Interest CodeORDINANCE NO. 221
AN ORDINANCE OF THE CITY OF LA QUINTA,
CALIFORNIA, AMENDING THE CITY'S CONFLICT OF
INTEREST CODE.
WHEREAS, the Fair Political Practices Commission has
previously adopted a regulation containing terms for a standard
Conflict of Interest Code (the "Standard Code") to be adopted by
public agencies in California; and
WHEREAS, in 1984, at a public hearing, upon notice duly
published and posted, the City Council fully reviewed a proposed.
Conflict of Interest Code incorporating the Standard Code and after
having heard and received all comments from the residents,
officers, employees, members and consultants of the Commission
concerning such proposed Code, adopted the same; and
WHEREAS, in 1990, the California Legislature added Government
Code Section 87306.5, requiring every public agency in California
which has adopted a Conflict of Interest Code, on each even -
numbered year, to review its Code and, if a change in its Code is
necessary, to submit an amended Conflict of Interest Code to its
Code reviewing body; and
WHEREAS, the City Council, as the code reviewing body of the
City, having reviewed the Conflict of Interest Code for the City,
has determined that certain amendments to said Code are necessary.
THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. That the Conflict of Interest Code, as shown on
Attachment A, attached hereto and incorporated herein by reference,
and incorporating certain amendments as determined by the City
Council to be necessary, is found by the City Council to comply
with the requirements, intents and purposes of the Political Reform
Act (Government Code Sections 81000, et seq.), and to fulfill the
City Council's responsibilities pursuant to Government Code Section
87306.5.
Section 2. That the Conflict of Interest Code attached hereto
as Attachment A is hereby approved and adopted by the City Council
as the City of La Quinta's Conflict of Interest Code and shall
supersede the language of the city's previous Conflict of Interest
Code as set forth in Chapter 2.60 of the Municipal Code of the City
of La Quinta.
Ordinance 93-221
Section 3. That the City Clerk shall certify to the passage
of this Ordinance and further will see that it is published and
posted in the manner required by law.
The foregoing Ordinance was approved and adopted at a meeting
of the City Council of the City of La Quinta held on this 19th day
of January, 1993 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
JOHN J-.--PEMA, M
City of La Quinta, California
AT T:
UNDRA L. JUHO City Cler
City of La Quinta, California
DAWN HONEYWELL, City Attorney
City of La Quinta, California
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LA QUINTA )
I, SAUNDRA L. JUHOLA, 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. 221 which was introduced on the 5th
day of January, 1993 and was adopted at a regular meeting held on
the 19th day of January, 1993 not being less than 5 days after date
of introduction thereof.
I further certify that the foregoing ordinance was posted in three
(30) places within the City of La Quinta as specified in a
r s lution of the City Council.
.:5AUNDRA L. JUHbLA, City Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, SAUNDRA L. JUHOLA, City Clerk
Cal ornia, do hereby certify that
po t d on February 3, 1993 pursuant
JA�UNDR.A L. JUH A, City Clerk
City of La Quinta, California
of the City of La Quinta,
the foregoing ordinance was
to City Council Resolution.
Ordinance 93-221
Chapter 2.60
CONFLICT OF INTEREST CODE
Sections:
2.60.010
Title.
2.60.020
Definitions.
2.60.030
Designated employees.
2.60.040
Disclosure categories.
2.60.050
Statements of economic interests —Place of filing.
2.60.060
Statements of economic interests —Time of filing.
2.60.070
Contents of and period covered by statements of economic interests.
2.60.080
Manner of reporting.
2.60.090
Disqualification.
2.60.100
Manner of disqualification.
2.60.110
Assistance of the commission and counsel.
2.60.120
Violations.
2.60.130
Appendix —Descriptive categories for conflict of interest code.
2.60.010 Title.
This chapter shall be known as the conflict of interest code of the city. (Ord.51 (part), 1984)
2.60.011 Definitions.
The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political
Practices Commission (2 California Code of Regulations Sections 18100, et seq.), and any amendments to the
Act or regulations, are incorporated by reference into this conflict of interest code.
2.60.030 Designated employees.
The persons holding positions listed in the Appendix, set out in Section 2.60,130, are designated
employees. It has been determined that these persons make or participate in the making of decisions which
may foreseeably have a material effect on financial interests.
2.60.040 Disclosure categories.
This code does not establish any disclosure obligation for those designated employees who are also
specified in Government Code Section 87200, if they are designated in this code in that same capacity or if
the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in
which those persons must report their financial interests pursuant to Article 2 of Chapter 7 of the Political
Reform Act, Government Code Section 87200, et seq.
In addition, this code does not establish any disclosure obligation for any designated employees who
are designate t-in a conflict of interest code for another agency, if all of the following apply:
A. The geographical jurisdiction of the agency is the same as or is wholly included within the
jurisdiction of the other agency;
B. The disclosure assigned in the code of the other agency is the same as that required under
Article 2 of Chapter 7 of the Political Reform Act, Government Code section 87200; and
C. The filing officer is the same for both agencies.
Such persons are covered by this code .for disqualification purposes only. With respect to all other designated
employees, the disclosure categories set forth in the Appendix in Section 2.060.130 specify which kinds of
financial interests are reportable. Such a designated employee shall disclosure in his or her statement of
economic interests those financial interests he or she has which are of the kind described in the disclosure
categories to which he or she is assigned in the Appendix, set out in Section 2.60.130. It has been determined
that the financial interests set forth in a designated employee's disclosure categories are the kinds of financial
interests which he or she foreseeably can affect materially through the conduct of his or her office.
Ordinance 93-221
2.60.050 Statements of economic interests —Place of filing.
All designated employees shall file statements of economic interests with the city clerk, who shall
make and retain a copy and forward the originals to the, city council, which shall be the filing officer.
*See Government Code Section 81010 and 2 California Code of Regulations Section 18115 for the duties of filing officers and persons
in agencies who make and retain copies of statements and forward the originals to the filing officer.
2.60.060 Statements of economic interests —Time of filing.
A. Initial Statements. All designated employees employed by the city on the effective date of
this code, as originally adopted, promulgated and approved by the city council, shall file statements within
thirty days after the effective date of this code. Thereafter, each person already in a position when it is
designated by an amendment to this code shall file an initial statement within thirty days after the effective
date of this amendment.
B. Assuming Office Statements. All persons assuming designated positions after the effective
date of this code shall file statements within thirty days after assuming the designated positions, or if subject
to State Senate confirmation, thirty days after being nominated or appointed.
C. Annual Statements. All designed employees hall file statements no later than April 1st.
D. Leaving Office Statements. All persons who leave designed positions shall file statements
within thirty days after leaving office.
Persons who resign within 30 days of initial appointment are not deemed to have assumed office or
left office provided they did not make or participate in the making of, or use their position to influence any
decision and did not receive or become entitled to receive any form of payment as a result of their
appointment. Such persons shall not file either an assuming or leaving office statement.
2.60.070 Contents of and period covered by statements of economic interests.
A. Contents of Initial Statements. Initial statements shall disclosure any reportable investments,
interests in real property and business positions held on the effective date of the code and income received
during the 12 months prior to the effective date of the code.
B. Contents of Assuming Office Statements. Assuming office statements shall disclose any
reportable investments, interests in real property and business positions held on the date of assuming office
or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received
during the 12 months prior to the date of assuming office or the date of being appointed or nominated,
respectively.
C. Contents of Annual Statements. Annual statements shall disclose any reportable investments,
interests in real property, income and business positions held or received during the previous calendar year;
provided, however, that the period covered by an employee's first annual statement begins on the effective
date of the code or the date assuming office whichever is later.
D. Contents of Leaving Office Statements. Leaving office statements shall disclose reportable
investments, interests in real property, income and business positions held or received during the period
between the closing date of the last statement filed and the date of leaving office.
2.60.080 Manner of Reporting
Statements of economic interests shall be made on forms prescribed by the Fair Political Practices
Commission and supplied by the city, and shall contain the following information:
A. Investments and Real Property Disclosure. When an investment or an interest in real
property* is required to be reported," the statement shall contain the following;
1. A statement in the nature of the investment or interest;
2. 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;
3. The address or other precise location of the real property;
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4. A statement whether the fair market value of the investment or interest in real property
exceeds one thousand dollars, exceeds then thousand dollars, or exceeds one hundred thousand dollars.
B. Personal Income Disclosure. When personal income is required to be reported," the
statement shall contain:
1. The name and address of each source of income aggregating two hundred fifty dollars or more
in value or fifty dollars 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 of whether the aggregate value of income from each source, or in the case of a
loan, the highest amount owed to each source, was one thousand dollars or less, greater than one thousand
dollars, or greater than ten thousand dollars;
3. A description of the consideration, if any, for which the income was received;
4. In the case of a gift, the name, address and business activity of the donor and any
intermediary through which the gift was made; a description of the gift; the amount or value of the gift; 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.
C. Business Entity Income Disclosure. When income of a business entity, including income of
a sole proprietorship, is required to be reported," 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
rata share of gross receipts from such person was equal to or greater than ten thousand dollars.
D. Business Position Disclosure. When business positions are required to be reported, a
designated employee shall list the name and address of each business entity in which he or she is a director,
officer, partner, trustee, employee, or in which he or she holds any position of management, a description
of the business activity in which the business entity is engaged, and the designated employee's position with
the business entity.
E. Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office
statement, if an investment or an interest in real property was partially or wholly acquired or disposed of
during the period covered by the statement, the statement shall contain the date of acquisition or disposal.
'For the purposes of disclosureonly (not disqualification),an interest in real property does not include the principal residence of the filter.
"Investments and interest in real property which have a fair market value of less than one thousand dollars are not investments and
interests in real property within the meaning of the Political Reform Act. However, investments or interests in real property of an
individual include those held by the individual's spouse and dependent children as well as pro rata share of any investment or interest
in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct,
indirect or beneficial interest of ten percent or greater.
*A designated employee's income includes his or her community property interest in the income of his or her spouse but does not include
salary or reimbursement for expenses received from a state, local or federal government agency.
"Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business
entity aggregates ten percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity
is required only if the clients or customers are within one of the disclosure categories of the filer.
2.60.090 Disqualification.
No designated employee shall make, participate in making, or in any way attempt to use his or her
official position to influence the making of any governmental decision which he or she knows or has reason
to know will have a reasonably foreseeable material financial effect, 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 designated employee has a director indirect investment worth
one thousand dollars or more;
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B. Any real property in which the designated employee has a direct or indirect interest worth
one thousand dollars 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 or more in value provided to, received by or promised to the designated
employee within twelve months prior to the time when the decision is made;
D. Any business entity in which the designated employee is a director, officer, partners, trustee,
employee, or holds any position of management; or
E. Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $250
or more in value provided to, received by, or promised to the designated employee within 12 months prior
to the time when the decision is made.
No designated employee shall be prevented from making or participating in the making of any
decision to the extent his or her participation is legally required for the decision to be made. the fact that the
vote of a designated employee who is on a voting body is needed to break a tie does not make his or her
participation legally required for purposes of this section.
2.60.100 Manner of disqualification
When a designated employee determines that he or she should make a governmental decision because
he or she has a disqualifying financial interest in it, the determination not to act must be accompanied by
disclosure of the financial interest. In the case of a voting body, this determination and disclosure shall be
made part of the agency's official record; in the case of a designated employee who is the head of a
department, this determination and disclosure shall be made in writing at his or her appointing authority; and
in the case of other designated employees, this determination and disclosure shall be made in writing to the
designated employee's supervisor.
2.60.110 Assistance of the commission and counsel.
Any designated employee who is unsure of his or her duties under this code may request assistance
from the Fair Political Practices Commission pursuant to Government Code Section 83114 or from the
attorney for his or her city; provided, that nothing in this section requires the attorney for the city to issue
any formal or informal opinion.
2.60.120 Violations.
This code has the force and effect of law. Designated employees violating any provision of this code
are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act,
Government Code Sections 91000 through 91014. In addition, a decision in relation to which a violation of
this disqualification provisions of this code or the Government Code Section 87100 has occurred may be set
aside as void pursuant to Government Code Section 91003.
2.60.130 Appendix Descriptive categories for conflict of interest code.
The appendix of descriptive categories shall be as follows:
APPENDIX
Position/person, # Disclosure Categories
Members of the City Council, #1
City Attorney, #1
Assistant City Attorneys or Deputy City Attorneys, #1
City Manager, #1
Assistant City Manager, #1
Administrative Analyst, #1
Public Works Director/City Engineer, #2, #5
Assistant City Engineer, #2, #5
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City Finance Director, #1
Administrative Services Director/City Clerk, #1
Planning and Development Director, #1
Principal Planners, #2
Building and Safety Director, #2, #5
Assistant Building and Safety Director, #2, 5
Members of the Planning Commission, #1
Members of the Community Services Commission, #2, 5
Members of the Design Review Board, #2, 3, 5
Members of the Art in Public Places Committee, #2, 3
Parks and Recreation Manager, #2, 5
Consultants*
*With respect to Consultants the City Manager, however, may determine in writing that a particular consultant, although a "designated
person," is hired to perform a range of duties that are limited in scope and thus is not required to comply with the disclosure requirements
described in this code. Such determination shall include a description of the consultant's duties and, based upon that description, a
statement of the extent of disclosure requirements. These written determinations shall remain on file in the same manner and location
as this conflict of interest code. Nothing herein excuses any such consultant from any other provision of this conflict of interest code.
A. Category 1. Persons in this category shall disclose all investments, all interests in real
property and all sources of income as provided in Title 9, Chapter 7, Article 2 of the California Government
Code (§ 87200 et seq.), and his or her status as a director, officer, partner, trustee, employee, or holder of
any position of management in any business entity.
B. Category 2. Persons in this category shall disclose all interests in real property within the
jurisdiction if the interest has a value of $1,000.00 or more. Real property shall be deemed to be within the
jurisdiction if the property or any part of it is within or not more than two miles outside the boundaries of the
city.
C. Category 3. Persons in this category shall disclose all income from, business positions in
and investments in business entities engaged in the acquisition or disposal of real property within the
jurisdiction.
D. Category 4. Persons in this category shall disclose all income from, business positions in
and investments in business entities which manufacture or sell goods, services, supplies, equipment or
materials of the type utilized by the city.
E. Category 5. Persons in this category shall disclose all income from, business positions in
and investments in business entities engaged in the performance of building or park construction or design
within the jurisdiction.
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