ORD 329 Conflict of Interest Code-- ORDINANCE NO. 329
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, AMENDING CHAPTER 2.60 OF THE LA QUINTA
CHARTER AND MUNICIPAL 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 that 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 the La Quinta Charter and Municipal Code as follows:
AMEND CHAPTER 2.60 OF THE CODE AS FOLLOWS:
follows:
Amend 2.60.020 Designated employees Disclosure categories
"2.60.020 Designated employees - Disclosure categories
as
Accounting Manager1
Assistant City Manager*
Building and Safety Director~
Building and Safety Manager1
City Attorney*
City Clerk~
City Manager*
Community Development DirectorI
Ordinance No. 329
Page 2
Community Safety Manager~
Community Services Director~
Consultants~ *.
Finance Director*
Management Analyst~
Management Assistant~
Members of the Architectural & Landscaping 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 Manager1
Principal Planner~
Public Works Director/City Engineer1
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 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,
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. Grant agency approval to a plan, design, report, study or similar item,
7. Adopt, or grant agency approval of, policies, standards or guideline,s 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. 329
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 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 this 4th day of May, 1999 by the following
vote:
AYES:
Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pe~a
NOES: None
ABSENT: None
ABSTAIN: None
City of La Quinta, California
ATTEST:
City of La Ouinta, California
APPROVED AS TO FORM:
DA~/N C. HoNEYV~ELL, 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. 329 which
was introduced on the 20TM day of April, 1999 and was adopted at a regular meeting
held on the 4th day of May, 1999 not being less than 5 days after date of introduction
thereof.
I fur/t~er certify that the foregoing ordinance was posted in three (3) places within the
~uin~p~i~d in a resolution of the City Council.
~:~'AUNDRA L. JUHOLA, 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
certi/f~ that the foregoing ordinance was posted on May 14, 1998 pursuant to City
Cou/ndil Resolution.
City of La Ouinta, California