(A)
The
City recognizes service by public officials in community and non-profit
organizations takes place, and has an interest in ensuring that when
public officials provide such service, that they are insulated from
a negative public perception and/or any allegation that a conflict
of interest impairs their fulfillment of their duty to the City.
(B)
Not
all interests that create a conflict for public officials are financial
in nature. To limit the impact of nonfinancial conflicts of interest
upon public service in the City, the City Council has proscribed participation
in making of governmental decisions by officials who have non-economic
conflicts of interest reflected in this Chapter.
(C)
Non-economic
conflicts of interest arise when officials owe a legal duty to another
person or organization and from rented or leased real property interests.
(D)
Applicants
for City approvals are sometimes not natural persons. To ensure the
avoidance of conflicts of interest by public officials, in the instance
of an applicant that is not a natural person, the City should receive
disclosure of the applicant's status and identity, including disclosure
by the applicant of officers, directors, members, or managers.
(E)
Officials
have significant duties under applicable law with respect to the detection
and disclosure of conflicts of interest. Applicants for City approvals
have information about their ownership, executives, and management
that will assist City officials in evaluating their potential conflicts
of interest. An applicant's duty to disclose should ensure that City
officials know the identities of all persons who hold significant
positions in the applicant entity (e.g., officers, directors, managers,
members, etc.), or in any related entity that owns an interest in,
or derives profits from the applicant entity's operation, and also
persons who own a beneficial interest in any such entity that allows
the transfer or voting representation of 5% of the entity.
(F)
The
City acknowledges that the interest of a public official who is a
renter or lessor of real property, whether as a residence, a place
of business or an investment, has the potential in many, if not all
instances, to create a conflict of interest for that official with
respect to applications involving a second real property that will
arguably create impacts upon the vicinity of the property rented or
leased by the official.
(G)
The
City's residents do not elect the members of the Planning Commission,
and Planning Commission actions often do not attract the degree of
attention in the community inherent to City Council consideration
of a matter. That said, Planning Commission decisions are final in
many matters of significance. A Planning Commission action should
not become "final" before the public enjoys the benefit of City Council
and public awareness of the Planning Commission action in question.
Further, Planning Commission decisions being available for public
review on the City's website supports a transparency of planning action
that the City desires.
(H)
The
City's residents have a right to know the identity of interests that
attempt to influence decisions of City government, as well as the
means employed by those interests. Equity and transparency demand
that all lobbyists register with the City be subject to the same regulations,
restrictions and requirements, regardless of their respective backgrounds,
training, professional qualifications, or licensure. Only complete
and truthful disclosure by lobbyists serves these goals.
(I)
The
City Council acknowledges and finds legal significance in the interest
that renters and people who lease real property have in regulations
and events in their community. Renters and people who lease property
must have the same opportunity as property owners to address matters
before the City Council and the City's boards and commissions. In
order to have that opportunity, the City must provide legal notices
to renters and persons who lease real property in the same manner
that it provides legal notices to property owners.
(Ord. 1953 § 1, 2018; Ord. 1964 § 1, 2018)
As used in this Chapter, the following definitions shall apply:
means the Political Reform Act of 1974 as it has been and
may be amended from time to time.
means a person or entity that applies for a City approval
determined by a vote of City officials.
means the application filed or presented by an applicant
to the City.
means a day of the week when city hall for the City of Palm
Springs is open for public business.
means the statement of economic interests filed by an official
with the California Fair Political Practices Commission and/or the
city clerk, whether pursuant to Government Code Section 87200 or the
local conflict of interest code.
means any individual who is employed, retained or contracts
for economic consideration to communicate with any official or any
employee of the City of Palm Springs for the purpose of influencing
a legislative or administrative action. Lobbying shall not include
communication with an official or employee when the communicator is
not compensated for his/her efforts to influence per se.
means an official assumes, is assigned, resigns, is terminated, purchases or sells, or otherwise comes to possess or forfeit an interest identified in Section 2.60.040.
means every elected or appointed official who serves on the
City Council or on any appointive board or commission of the City,
whether under the Charter or this Code, the City Manager and the City
Attorney. An official's elected or appointed status has no bearing
upon the applicability of this Chapter except as specifically stated.
means the body defined by Section 607 of the charter of the City and Chapter 2.29 of this Code.
(Ord. 1953 § 1, 2018; Ord. 1964 § 2, 2018)
(A)
The
provisions of this Chapter shall apply generally to all applicants,
officials, and to all actions by the Planning Commission.
(B)
This
Chapter supplements, complements, and is cumulative to state law,
imposing duties of disclosure and disqualification upon officials
beyond those codified in the Act and the regulations adopted pursuant
thereto, and shall be strictly construed.
(C)
When
the requirements of this Chapter conflict with any other provision
contained elsewhere in this Code, or any regulation or requirement
adopted by the City, or in state law, the most restrictive, affirmatively
demanding, or punitive requirement shall prevail.
(Ord. 1953 § 1, 2018)
(A)
Every
official shall disclose each and all of his/her interests, wherein
he/she serves as a voting member of a board of directors or other
governing body of a non-profit entity without compensation, as a currently
retained attorney or accountant for such an entity who provides pro bono services, or as the trustee of a charitable trust.
The disclosure shall be on a written form prepared, maintained and
amended as deemed appropriate by the city clerk. The disclosure of
these interests shall be executed under penalty of perjury under the
laws of the state, and shall be filed with the city clerk at or before
the end of the first business day of the month of April.
(B)
With
the sole exception of real property used as a primary residence, every
official shall disclose each and all of his/her rented or leased interests
in real property located in the City. The disclosure shall be on a
written form prepared, maintained and amended as deemed appropriate
by the city clerk. In the case of an official's rental or leasing
of his/her primary residence, that official shall disclose the fact
of that rental or leasing agreement, but need not disclose the address
of the real property in question. The disclosure of rented or leased
interests in real property shall be executed under penalty of perjury
under the laws of the state, and shall be filed with the city clerk
at or before the end of the first business day of the month of April.
(C)
Every public official shall file a semi-annual update, covering the period of January 1 through June 30, if the public official experiences a material change of interest after filing a form pursuant to subdivision (A) or (B) of this section 2.60.040, or as to any interest identified in that official's most recent Form 700. The disclosure shall be on a written form prepared, maintained, and amended as deemed appropriate by the city clerk. The disclosure of these interests shall be executed under penalty of perjury under the laws of the state, and shall be filed with the city clerk at or before the end of the first business day of the month of August.
(D)
In the event that an official serves as a voting member of a board of directors or other governing body of a non-profit entity without compensation, as a currently retained attorney or accountant for such an entity who provides pro bono services, or as the trustee of a charitable trust, that official shall not vote upon, or advocate a particular result or outcome with respect to any matter before the City, if the non-profit or trust has an interest in the matter. For purposes of this subdivision (D) and subdivision (E) of section 2.60.040, "advocating a particular result or outcome with respect to an application" means influencing, encouraging, or attempting to influence or encourage any other individual official to vote, or be more disposed to vote, in a particular manner with respect to such matter. Such an official shall disclose the nature of his/her interest related to the non-profit or charitable trust on the record of each proceeding before him/her in the action in question, and recuse himself/herself from voting with respect to said action.
(E)
In the event that an official rents or leases real property located within 500 feet of any real property that is the subject of an application, that official has a non-financial conflict of interest under this Chapter, and shall not vote upon, or advocate a particular result or outcome with respect to the application in question. Neither the term, nor whether the lease or rental agreement is in writing has any bearing upon the applicability of this section 2.60.040(E). Any official with a conflict hereunder shall disclose the nature of his/her rented or leased real property interest on the record of each proceeding before him/her in the action in question, and recuse himself/herself from voting upon the action in question.
(F)
There
shall be no conflict of interest requiring disclosure or disqualification
under this Chapter in relation to an official's service on any board,
commission, or other body, provided that the official in question
is appointed to the service in question by the City Council.
(Ord. 1953 § 1, 2018; Ord. 1964 § 3, 2018; Ord. 1985 § 1, 2019; Ord. 2052 § 2, 2021)
(A)
Every
applicant that is not an individual natural person, or comprised exclusively
of natural persons with no outside investors, must disclose to the
City the identity of each natural person who holds or occupies a significant
position with respect to that applicant entity, or any entity that
owns an interest or derives profits in relation to the applicant entity,
e.g., a sub-entity, a parent company, an affiliate, etc. In addition,
every applicant must disclose to the City the identity of each owner
or investor of any disclosed entity who owns a beneficial interest
of 5% or more of the entity in question.
(B)
Each applicant shall file a written disclosure consistent with section 2.60.050(A) with the City. Disclosure pursuant to section 2.60.050(A) shall be made at the time when an applicant files its application, on a form approved by the City Clerk, and maintained and provided to the applicant by the City.
(C)
For purposes of section 2.60.050(A), "significant position" shall be defined as follows: (i) officers and directors (in the instance of a corporation), (ii) members and managers (in the instance of a limited liability company), (iii) partners (in the case of partnerships), or (iv) trustees and other fiduciaries (in the instance of a trust or another form of organization).
(D)
In the event that an applicant fails to comply with section 2.60.050(A), the application of the applicant in question shall be deemed incomplete for all purposes, and the City shall not process or in any way consider the application of the applicant in question.
(E)
A condition precedent to the initiation of any action by an aggrieved applicant pursuant to subdivision (D) of section 2.60.070 shall be the filing with the city clerk of a written notice of the aggrieved applicant's intent to file a petition for relief consistent therewith. The written notice shall state with particularity the nature of the violation of this Chapter alleged by the aggrieved applicant, and provide the City with not less than 10 business days during which the City may cure the alleged violation. No right pursuant to subdivision (D) of section 2.60.070 shall exist until the passage of the entire period to cure pursuant hereto.
(F)
The
disclosure obligations of subparagraphs (A) and (B) shall not apply
to the extent an applicant, or any entity that owns an interest or
derives profits in relation to the applicant entity, e.g., a sub-entity,
a parent company, an affiliate, etc., is a publicly traded corporation.
(Ord. 1953 § 1, 2018; Ord. 1964 § 4, 2018; Ord. 2052 § 3, 2021)
(A)
Notices
of public hearing and all legal notices of required by state law or
this code for issuance to owners of real property in a specified area
within the city shall instead be issued to all owners and tenants
of real property in that area.
(B)
The city shall have the duty to comply with this Section 2.60.060 to the greatest extent practicable, but a failure by the city to issue any notice, or a failure of any person or entity to receive notice given pursuant hereto shall not limit the authority of the city to take any action, or constitute grounds for any court to invalidate any action of the city in relation to the flawed notice.
(Ord. 1964 § 5, 2018)
(A)
The
city shall not deem "final" any action by the Planning Commission,
which action represents the ultimate and determinative action by the
City with respect to any application, and is not subject to mandatory
review by the city council unless and until the date that is 10 days
after the date when (i) the city council has received written notice
of the planning commission action in question, and (ii) the city has
posted written notice of the planning commission action in question
on the city's website.
(B)
The planning director and the city clerk shall at all times use and apply their best efforts to affect and ensure the city's prompt compliance with subdivision (A) of this section 2.60.070.
(C)
No applicant may rely or make any application based upon a planning commission action as being "final" and binding upon the city unless and until the date that is 10 days after notice has been received by the city council and posted on the city website pursuant to subdivision (A) of this Section 2.60.070.
(D)
Any applicant aggrieved and alleging a city failure to provide and/or post notice pursuant to subdivision (A) of this Section 2.60.070, and a corresponding lack of finality with respect to a particular planning commission action, shall have the right, commencing on the ninetieth (90th) day after the planning commission action in question, to seek a writ of mandate in the Superior Court of the state of California, county of Riverside, Palm Springs courthouse, declaring the planning commission action to be final and binding upon the city.
(Ord. 1953 § 1, 2018; Ord. 2031 § 3, 2020; Ord. 2088, 11/9/2023)
(A)
Prior
to conducting any activities for the purpose of influencing any action
by the city of Palm Springs, any lobbyist shall register with the
City Clerk by filing a written statement containing:
1.
The
lobbyist's full name, business address and telephone number;
2.
The
name, business address and telephone number of any individual or entity
by whom the lobbyist is employed or with whom he or she contracts
to perform lobbying services in the city; and
3.
A
description of the subject matter of the lobbyist's engagement.
(B)
The
city clerk shall make a copy of all lobbyist registrations available
to the public on the city's website.
(C)
Lobbyists
engaged by the city shall not be exempt from the requirements of this
chapter.
(D)
Within
30 days of the city's engagement of a lobbyist, a staff report memorializing
the engagement will be presented to the city council at a public meeting
in a report to be received and filed in the administrative record
of the meeting in question.
(Ord. 1964 § 6, 2018)
(A)
Any lobbyist appearing at any City public meeting who has not registered in compliance with Section 2.60.080(A) must verbally state all information required by that Section prior to speaking. A registered lobbyist must verbally state that he/she is a registered lobbyist with a registration filed in the office of the City Clerk, and identify the party that employs him/her as such. The time consumed by the verbal disclosure required by this Section 2.60.090(A) shall not be counted against the time allotted to the lobbyist in question as a speaker at the public meeting in question.
(B)
A lobbyist is deemed to be registered with the City Clerk or to have amended his/her registration with the City Clerk if he or she has otherwise provided the City of Palm Springs in writing with the information required by Section 2.60.080, or has complied with Section 2.60.090(A), and filed the appropriate registration or amendment within 10 days after the public meeting in question.
(Ord. 1964 § 6, 2018)
The City Clerk may charge a fee for filing, amending and/or
renewal of a registration, the amount of which shall be determined
by resolution of the City Council.
(Ord. 1964 § 6, 2018)
Every lobbyist required to file a registration statement under this Chapter shall register with the City Clerk no later than 10 days after being engaged as a lobbyist, and shall renew the registration annually as required in Section 2.60.120.
(Ord. 1964 § 6, 2018)
Registration shall be renewed with the City Clerk on an annual
basis between May 21st and June 1st of each year. Registration shall
be valid for one year.
(Ord. 1964 § 6, 2018)
If any change occurs concerning any of the information required by Section 2.60.080, the lobbyist shall file an amendment reflecting the change within 10 days of the change.
(Ord. 1964 § 6, 2018)
Lobbyists may file a notice of termination with the City Clerk
within 10 days after ceasing all activity which required registration.
(Ord. 1964 § 6, 2018)
(A)
Members
of the City Council, the City Manager, the City Attorney, and all
City department heads are "designated employees and officials" for
purposes of this section.
(B)
Designated
employees and officials shall not, for a period of one year after
leaving that office or employment, act as a lobbyist on behalf of
any other person or entity, when making any formal or informal appearance
before, or when making any oral or written communication to, the City
Council or any committee, subcommittee, board, commission, or any
present member thereof, or any officer or employee of the City.
(C)
A
member of any of the City's appointed boards and/or commissions shall
not, for a period of one year after leaving that appointment, act
as a lobbyist on behalf of any other person or entity, when making
any formal or informal appearance before, or when making any oral
or written communication to the board and/or commission of which he/she
was a member, or to any present member of that board and/or commission.
(D)
Sections 2.60.150(B) and 2.60.150(C) shall not apply to any individual who is, at the time of the appearance or communication, a board member, officer, employee, or representative of another local government agency, a public agency, or a non-profit organization, and is appearing or communicating on behalf of that agency or organization.
(Ord. 1964 § 6, 2018)
(A)
Upon verification by the City Attorney or his/her designee of an official failing to make a disclosure under this Chapter, an official shall have 30 days, after notification by the city clerk in writing of any alleged failure to disclose, during which he/she may correct the violation related to that failure to disclose. The correction shall consist of a verbal disclosure at the next public meeting of the legislative body of which the official in question is a member. Provided that an official makes proper disclosure during that 30 day period with respect to his/her first disclosure violation within any period of 12 months, that official shall not be subject to any enforcement by the City, pursuant to subdivision (C) of this section 2.60.199, as to the violation in question.
(B)
Upon verification by the City Attorney or his/her designee of an official failing to properly recuse himself/herself under this Chapter, and after notification by the city clerk in writing of any alleged failure to disqualify, the City Attorney or his/her designee shall prepare and present a staff report to the City Council, not less than 30 days after such notification, which report shall describe with particularity the failure to disqualify in question. That staff report shall be received and filed at the City Council's first public meeting after the passage of this 30 day post-notification period, as a consent calendar item. No official shall be subject to any enforcement by the City, pursuant to subdivision (C) of this section 2.60.199, with respect to his/her first disqualification violation within any period of 12 months.
(C)
An official who violates a provision of this Chapter and is subject to City enforcement pursuant to subdivision (A) or subdivision (B) of this section 2.60.199 is subject to administrative penalties pursuant to Chapters 1.01 and 1.06 of this Code, but not subject to any civil action or criminal penalty.
(D)
An
action upon an application taken by the City Council or any appointed
board or commission, wherein an official has a non-financial conflict
of interest under this Chapter but fails to disclose the existence
and nature of that conflict, remains valid and enforceable for all
purposes notwithstanding any violation of this Chapter.
(Ord. 1953 § 1, 2018; Ord. 1964 § 7, 2018)
