ORD 261 Conflict of Interest CodeORDINANCE NO. 261
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LA QL 7NTA AMENDING SECTION 2.60 OF THE
LA QLINTA MUNICIPAL CODE - THE CITY'S
CONFLICT OF INTEREST CODE
WHEREAS, the Political Reform Act, California Government Code Sections 81000, et
seq. (the "Act"), requires that every state and local governmental agency adopt and promulgate a
conflict of interest code; and
WHEREAS, the City Council of the City of La Quinta (the "City Council") did duly pass
and adopt Ordinance No. 51 on March 20, 1984 and did thereby establish the Conflict of Interest
Code for the City of La Quinta (the "Code") which is set forth in Section 2.60 of the La Quinta
Municipal Code: and
WHEREAS, the City Council did duly pass and adopt Ordinance No. 221 on January 19,
1993 and did thereby amend the Code; and
WHEREAS, Section 37306.5 of the Act requires that the conflict of interest code for
every local governmental agency must be reviewed prior to July 1st of every even -numbered year
and an amended code or a statement that no changes to the code are necessary must be submitted
to the code reviewing body prior to October 1st of the same year: and
WHEREAS,the Fair Political Practices Commission has adopted a Standard Conflict of
Interest Code (the "Standard Code"), as set forth in 2 California Code of Regulations Section
18730 (the "Regulations"): and
WHEREAS, Section 18730 of the Regulations provides that the Standard Code may be
incorporated by reference and that incorporation of the Standard Code along with the designation
of employees and the formulation of disclosure categories constitute the adoption and
promulgation of a conflict of interest code within the meaning of Section 87300 of the Act or the
amendment of a conflict of interest code within the meaning of Section 87307 of the Act if the
terms of the Standard Code are substituted for terms of a conflict of interest code already in
effect: and
WHEREAS, upon review of the Code, it was determined that certain changes to the
Code, particularly to the descriptive categories included in Section 2.60.130 of the Code, are
required and a statement to that effect was submitted to the City Council as the code reviewing
body; and
WHEREAS, in order to ensure that the provisions of the Code meet the requirements of
the Act and the Regulations, the City Council desires to amend the Code in order to adopt the
Standard Code by Reference.
Putu21722_I 14241 B2588.0 November 30. 19%
THE CITY COUNCIL OF THE CITY OF LA QUINTA, CAI.IFOWNIA 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, 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 which previous language is hereby
deleted in its entirety.
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.
ADOPTED, SIGNED AND APPROVED this 20th day of December
the following vote:
A
, 1994, by
AYES: Council Members Bangerter, Perkins, Sniff, Mayor Pena
NOES: None
ABSENT: Council Member McCartney
ABSTAIN: None ()W
JOHN E A, Mlyor of the City of La
Quinta
SAUNDRA L. JUROLA, City Clerk of the
City of La Quinta
APPROVED AS TO FORM:
DAWN HONEYWELL, `iCity Attorney
Pus[..21722_I 14241 B2588.0 November 30, 1994
ATTACHMENT A
CHAPTER 2.60
CONFLICT OF INTEREST CODE FOR THE
CITY OF LA QUINTA
Sections:
2.60.010 Incorporation of Standard Code.
2.60.020 Designated Employees/Disclosure Categories.
2.60.010 Incorporation of Standard Code. The Political Reform Act, Government Code
Section 81000, er seq. , requires state and local government agencies to adopt and promulgate
conflict of interest codes. The Fair Political Practices Commission has adopted a regulation,
2 California Code of Regulations Section 18730, which contains the terms of a standard conflict
of interest code. It can be incorporated by reference and may be amended by the Fair Political
Practices Commission after public notice and hearings to conform to amendments in the Political
Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any
amendments to it duly adopted by the Fair Political Practices Commission are hereby
incorporated by reference and, along with Section 2.60.020 in which members and employees are
designated and disclosure categories are set forth, constitute the conflict of interest code of the
City of La Quinta.
Designated employees shall file statements of economic interests with the City Clerk who
will make the statements available for public inspection and reproductions. Upon receipt of the
statements, the City Clerk shall make and retain a copy and forward the original of these
statements to the City Council.
2.60.020 Designated Employees/Disclosure Categories.
Members of the City Council*
City Attorney*
Assistant City Attorneys or Deputy City Attorneys'
City Manager*
Assistant to the City Manager'
Management Assistant'
Public Works Director/City Engineer'
Assistant City Engineer'
Finance Director*
Administrative Services Director/City Clerk'
_ Principal Planners'
Building and Safety Director'
Assistant Building and Safety Director'
Parks and Recreation Director'
Members of the Planning Commission*
Members of the Parks & Recreation Commission'
PueL:21722_ I 1 424 1 B2588.0 November 30, 1994
Members of the Cultural Affairs Commission'
Members of the Human Services Commission'
Members of the Historic Preservation Commission'
Members of the Investment Advisory Board*
Members of the Art in Public Places Committee'
Members of the Project Area Committee'
Consultants'**
Community Development Director'
' 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 721 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:
(i) Approve a rate, rule, or regulation;
(ii) Adopt or enforce a law;
(iii) Issue, deny, suspend, or revoke any permit, license, application,
certificate, approval, order, or similar authorization or entitlement;
(iv) Authorize the agency to enter into, modify, or renew a contract provided it
is the type of contract which requires agency approval;
(v) 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;
(vi) Grant agency approval to a plan, design, report, study, or similar item;
(vii) 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 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.
PUBL:21722_114241132588.0 November 30, 1994
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. 261 which was introduced
on the 6th day of December, 1994 and was adopted at a regular meeting held on the 20th day
of December, 1994 not being less than 5 days after date of introduction thereof.
I further certify that the foregoing ordinance was posted in three (3) places within the City of
La Q ii to as specified in a resolution of the City Council.
S/AUNDRA `-JUWM—A, City Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby certify
that the foregoing ordinance was posted on December 22, 1994 pursuant to City Council
SAUNDRA L. JUROLA, City Clerk
City of La Quinta, California