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HomeMy WebLinkAbout08 - Designated Employees - Conflict of Interest CodeJanuary 22, 2002 Agenda Item No. 8 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK TO: Honorable Mayor and Members of City Council FROM: LaVonne M. Harkless, City Clerk SUBJECT: RESOLUTION UPDATING THE LIST OF DESIGNATED EMPLOYEES FOR 2002 UNDER THE CITY'S CONFLICT OF INTEREST CODE RECOMMENDATION It is recommended that the City Council adopt Resolution No. 2002- adopting the 2002 Designated Employees List. The City's Conflict of Interest Code was first adopted in 1977 in response to the enactment of the 1974 Political Reform Act ( "The Act "). In February of 1990 the City updated its Conflict of Interest Code pursuant to Section 18730 of the Regulations adopted by the Fair Political Practices Commission. The City's Conflict of Interest Code consists of two basic parts: The body of the code which contains the provisions required by Section 87302 of the Act, such as the manner of reporting financial interests and the method to be used by designated positions when they are required to disqualify themselves from participating in decisions; and 2. The Appendix to the code, which lists the designated positions within the agency and the corresponding disclosure categories for each position. Prior to the time the disclosure forms are distributed on an annual basis, the list is reviewed with the department directors to determine if there are additions or deletions that need to be made. The positions on the attached Designated Employees List were determined in cooperation with the department heads by evaluating each position to determine their job duties and corresponding disclosure categories. The changes to the list are indicated by the use of bolding, italics and strike -outs. The Disclosure Categories are listed beside each listed position and indicate the different interests which employees must disclose depending upon whether their duties involve a broad range of duties or involve specific duties such as contracting or decisions which might affect real property interests. January 22, 2002 Page Two Not listed on the Designated Employees List are the City Council, Planning Commission, City Manager, City Attorney, and Administrative Services Director. These officeholders and employees are required to file statements of economic interest under Government Code Section 87200 of the Political Reform Act rather than pursuant to the City's Conflict of Interest Code and their statements are filed with the Fair Political Practices Commission. LaVonne M. Harkless, City Clerk Attachments: 2002 Appendix of Designated Positions (with changes) Appendix of Disclosure Categories Resolution No. 2002- 1:\ USERS \C1k\LHark1ess\FPPC\2002 \Confint I- 22- 02memo.doc 2002 APPENDIX OF DESIGNATED POSITIONS City Clerk City Clerk Office of the City Manager Assistant City Manager Deputy City Manager Public Information Officer Division Director, Harbor Resources Division Harbor Inspector, Harbor Resources Division Human Resources Human Resources Director Human Resources Operations Manager Risk Manager Office of the City Attorney Assistant City Attorney Deputy City Attorney Administrative Services Department Fiscal Services Manager MIS Manager Revenue Manager Accounting Manager Senior Buyer Buyer Fire Department Fire Chief Fiscal & Information Services Manager Deputy Chief, Operations Fire Marshal Deputy Fire Marshal Fire Prevention Specialist 1 of 5 Assigned Disclosure Categories (LaVonne Harkless) (Sharon Wood) 1 (Dave Kiff) 1 (Vacant) 1 (Vacant) 1 (Tony Melum) 1 (Wes Armand) 3,4 (Linnea Livingston) 1 (Pat O'Neil) 2 (Lauren Farley) 21 (Robin Clauson) 1 (Daniel Ohl) 1 (Travis Askey) 2,5 (Paul Malkemus) 2 (Glen Everroad) 2,3 (Dan Matusiewicz) 2,3 (Bill West) 2 (Ronye Zinn) 2 (Tim Riley) 1 (Terry Ulaszewski) 1 (Tom Arnold) 1 (Dennis Lockard) 1 (Ron Bryg) 3,4 (Vacant) 3,4 2002 APPENDIX OF DESIGNATED POSITIONS Assigned Disclosure Categories Fire Department (contd. Fire Captain, Administration (Al Schmehl) 2 Fire Facilities & Supply Coordinator (Rich Middlebrough) 2 EMS Coordinator (Vickie Cleary) 2 Fire Prevention Inspector (Nadine Morris) 3,4 Community Services Community Services Director /Librarian (LaDonna Kienitz) Assistant City Librarian (Darlene Gaetano) Information Services Manager (Susan Lamb) Circulation & Training Manager (Melissa Kelly) Collection Department Manager (Susan Warren) Recreation Manager (Vacant) Concrete Maintenance Supervisor (Peggy Calvert) Youth and Branch Services Manager (Judy Kelley) Senior- Reere tie fial Manag °~ Recreation Supt. (Andrea McGuire) Senior Services Manager (Celeste Jardine -Haug) Arts & Cultural Services Coordinator (Jana Barbier) Information Systems Coordinator (Sean Bearly) General Services General Services Director (David Niederhaus) 1 Deputy General Services Director (Mike Pisani) 2 Equipment Maintenance Superintendent (Vacant) 2 Equipment Maintenance Supervisor (Gary Mansfield [Acting]) 2 Urban Forester (John Conway) 2 Field Opera&ms Maintenance Superintendent (Lang Kolbo) 2 Concrete Maintenance Supervisor (John Salazar) 2 Street Maintenance Supervisor (Tim Kieffer) 2 Beac;hAStet"-Br-aiR-Maintenance Supervisor (Tom Anderson) 2 Operations Support Supervisor Superintendent (Rick Greaney) 2 Building Facilities Maintenance Supervisor (Charles Coakley) 2 Parks and Trees Maintenance Superintendent (Marcelino Lomeli) 2 Parks Maintenance Supervisor (Randy Kearns) 2 Refuse Superintendent (Bill Russo) 2 Refuse Supervisor (Keith Hinckley) 2 Auto Parts Buyer (Bruce Hicks) 2 Management Analyst (Miriam Eldridge) 2 Storm Drain/Street Sweeping Supervisor (Jim Auger) , }_ 2 2of5 2002 APPENDIX OF DESIGNATED POSITIONS Assigned Disclosure Categories Planning and- Building- Department Planning Director (PatriciaTemple) 1 Senior Planner (Patrick Alford) 3,4 Deputy Building Director Senior Code 4âś“nfersementOfficer (Jay Garcia) 3,4 - Civil Engineer (James Campbell) 3,4 (Tamara Campbell) 3,4 (George Berger) 3,4 Associate Planner (Dan Trimble) 3,4 Principal Building Inspector (Todd Weber) 3,4 Assistant Planner (Marina Marelli) 3, 4 Senior Building Inspector (Gregg Ramirez) 3,4 (Janet Brown) 3, 4 (Robert Kain) 3,4 Planning Technician (Laura Levin) 3,4 Code Enforcement Supervisor (Jim Sinasek) 3,4 Code Enforcement Officer (Charles Spence) 3,4 Building Department Building Director (Jay Elbettar) 1 Chief Building Inspector (Steve Hook) 3,4 Deputy Building Director Senior Code 4âś“nfersementOfficer (Faysal Jurdi) Abel` 3,4 3, 4 - Civil Engineer (Betty (David Groverman) 3,4 (Hiep Tran) 3,4 (Ali Naji) 3,4 (YousefBarar) 3,4 Principal Building Inspector (Ray Baltera) 3,4 (John Burckle) 3,4 Senior Building Inspector (Steve Michael) 3,4 (Lloyd Dick) 3,4 (Mike Dexter) 3,4 Building Inspector R (Me] Fleener) 3,4 (Jim Uitermark) 3,4 (Paul Sobek) 3,4 (Denny Capp) 3,4 (Ed Hotz) 3,4 (Judith Hansen) 3,4 3of5 2002 APPENDIX OF DESIGNATED POSITIONS Police Department Chief of Police (Bob McDonell) Captain (Tim Newman) F3444iesMa ager Transportation & Dev. Services Manager (Paul Henisey) Administrative Coordinator (Tim Riley) Support Services Lieutenant (John Desmond) Police Fiscal Service/Facility Manager (Lisa McBroom) Public Works Department Assigned Disclosure Categories 2,3 2,3 2,3 2 Director of Public Works (Steve Badum) ] City Engineer /Engineering Services Manager (Bill Patapoff) ] (Eiden Davidson) , F3444iesMa ager Transportation & Dev. Services Manager (Rich Edmonston) 1 Administrative Coordinator (Lois Thompson) 1 Deatseh` i3444ies Coordinator Principal Civil Engineer (Tim (Mike Sinacori) 1 (Lloyd Dalton) ] (Dick Hoffstadt) 1 Seni,. Civil Engii e (Robert Stein) 1 (Tony Brine) 1 (Robert Gunther) 1 Associate Civil Engineer (Mbr Modifications Com) (Gilbert Wong) 3,4 Utilities Derartment: Utilities Director (E1domDavidson) al Utilities Administrative Manager (Tim Deutsch) 1 Utilities Operation Manager - (TMe;te Antista)' 1 Boards /Commissions Board of Library Trustees 2 City Arts Commission 2 Parks, Beaches and Recreation Commission 4 Civil Service Board 3 Harbor Commission '' 3,,4 4of5 2002 APPENDIX OF DESIGNATED POSITIONS Assigned Disclosure Categories Officials Who Manage Public Investments: It has been determined that the positions listed below manage public investments and will file the Form 700 Statement of Economic Interests with the City Clerk's Office: Deputy Administrative Services Director (Kurth) I Consultants* I *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 limitations as described in the Appendix of Disclosure Categories. lharkless /fppc /2002 /form700checklist2002- des.rtf 5of5 APPENDIX OF DISCLOSURE CATEGORIES 1. Designated employees whose duties are broad and indefinable must disclose: All investments and business positions in business entities, sources of income and interests in real property. 2. Designated employees whose duties involve contracting or purchasing must disclose: Investments and business positions in business entities and income from sources which manufacture, sell or provide supplies, materials, books, machinery, services, equipment or computer equipment of the type utilized by the City, or utilized by the employee's department. 3. Designated employees whose duties involve regulatory powers must disclose: All investments and business positions in business entities, and income from sources which are subject to the regulatory, permit or licensing authority of the City of Newport Beach. 4. Designated employees whose decisions may affect real property interests: Investments and business positions in business entities, and income from sources which engage in land development, construction or the acquisition or sale of real property, and all interests in real property. 5. Positions which involve City self- insurance benefits must disclose: All interests in real property, investments and business positions in business entities and sources of income from: A) Persons or entities which provide. services, supplies, materials, machinery or equipment of the type utilized by the agency. B) Entities which are engaged in the business of insurance including, but not limited to, insurance companies, carriers, holding companies, underwriters, brokers, solicitors, agents, adjusters, claims managers and actuaries. C) Financial institutions including, but not limited to, banks, savings and loan associations and credit unions. D) Entities or persons who have filed a claim, or have a claim pending, against the agency. *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 Department Director 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 Department Director'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. I:\ USERS \Clk \LHarkless \FPPC \2002 \APPENDIX OF DISCLOSURE CATEGORIES2002.doe RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADOPTING AN UPDATED DESIGNATED EMPLOYEES LIST FOR 2002 WHEREAS, the California Political Reform Act, Government Code Section 81000 et. seq. requires every local Governmental agency to adopt and promulgate a Conflict of Interest Code; and WHEREAS, the Fair Political Practices Commission has adopted regulations for compliance with the Act under Title II, Division VI of the California Code of Regulations ( "the Regulations "); and WHEREAS, Section 18730 of the Regulations provides that incorporation by reference of the terms of Section 18730, along with the designation of employees and the formulation of disclosure categories, constitutes the adoption and promulgation of a Conflict of Interest Code as required by Government Code Section 87300 or the amendment of a Conflict of Interest Code within the meaning of Government Code Section 87307; and WHEREAS, on February 26, 1990 the City Council adopted Resolution No. 90- 21 which adopted Section 18730 as provided under the Regulations, along with a Designation of Employees; and WHEREAS, subsequent to February 26, 1990 the City Council adopted Resolution Nos. 96 -28, 97 -8, 97 -82, 98 -12, 99 -1, 2000 -12, and 2000 -99 amending the list of designated employees. Since the adoption of these resolutions, there have been further personnel changes, therefore the City Council has determined that the City's Designated Employees List should be updated to reflect these changes. The 2002 Designated Employees List, which reflects staffing changes during the year, is attached hereto as Exhibit "A ". NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Newport Beach, California, as follows: 1. Attached Exhibit "A" which sets forth designated employees and disclosure categories is hereby adopted and incorporated as part of the City's Conflict of Interest Code for the City of Newport Beach. the City Clerk. 2. All designated employees shall file Statements of Economic Interest with 3. The City Clerk is hereby instructed to take all necessary actions to implement compliance with the code including preparation and distribution of necessary reporting forms and the subsequent filing and recording of all required reports. 4. Exhibit "A" shall be appended to the Newport Beach Conflict of Interest Code and all previously adopted Designated Employees Lists are hereby superseded. ADOPTED this 22nd day of January, 2002. Mayor ATTEST: City Clerk I:\ Users \Clk \LHarkless\FPPC\2002 \Resolution- DesEmp I- 22- 02.doe EXHIBIT "A" 2002 APPENDIX OF DESIGNATED POSITIONS City Clerk Assigned Disclosure Categories City Clerk 1 Office of the City Manager Assistant City Manager 1 Deputy City Manager 1 Public Information Officer 1 Division Director, Harbor Resources Division 1 Harbor Inspector, Harbor Resources Division 3,4 Human Resources Human Resources Director 1 Human Resources Operations Manager 2 Risk Manager 1 Office of the City Attorney Assistant City Attorney 1 Deputy City Attorney 1 Administrative Services Department Fiscal Services Manager 2,5 MIS Manager 2 Revenue Manager 2,3 Accounting Manager 2,3 Senior Buyer 2 Buyer 2 Fire Department Fire Chief 1 Fiscal & Information Services Manager 1 Deputy Chief, Operations 1 Fire Marshal 1 Deputy Fire Marshal 3, 4 Fire Prevention Specialist 3,4 Fire Captain, Administration 2 Fire Facilities & Supply Coordinator 2 EMS Coordinator 2 Fire Prevention Inspector 3,4 1:\ Users \Clk \LHarkless\FPPC\2002 \Resolution- DesEmp I - 22- 02.doc 2002 APPENDIX OF DESIGNATED POSITIONS Assigned Disclosure Categories Community Services Community Services Director/Librarian Assistant City Librarian Information Services Manager Circulation & Training Manager Collection Department Manager Recreation Manager Youth and Branch Services Manager Recreation Superintendent Senior Services Manager Arts & Cultural Services Coordinator Information Systems Coordinator General Services General Services Director Deputy General Services Director . Equipment Maintenance Superintendent Equipment Maintenance Supervisor Urban Forester _ Field Maintenance Superintendent Concrete Maintenance Supervisor Street Maintenance Supervisor Beach Maintenance Supervisor Operations Support Superintendent Facilities Maintenance Supervisor Parks and Trees Maintenance Superintendent Parks Maintenance Supervisor Refuse Superintendent Refuse Supervisor Auto Parts Buyer Management Analyst Storm Drain/Street Sweeping Supervisor Planning Denartment Planning Director I Senior Planner 3,4 Associate Planner 3,4 Assistant Planner 3,4 Planning Technician 3,4 Code Enforcement Supervisor 3,4 Code Enforcement Officer 3,4 Building Department Building Director I Chief Building Inspector 3,4 Deputy Building Director 3,4 Civil Engineer 3,4 1:\ Users \Clk\LHarkless\FPPC\ 2002 \Resolution- DesEmpI- 22- 02.doc 2002 APPENDIX OF DESIGNATED POSITIONS Assigned Disclosure Categories Building Department (contd.): Principal Building Inspector 3,4 Senior Building Inspector 3,4 Building Inspector II 3,4 Police Department Chief of Police 1 Captain 2,3 Support Services Lieutenant 2 Police Fiscal Service/Facility Manager 2 Public Works Department Director of Public Works 1 City Engineer /Engineering Services Manager l Transportation & Dev. Services Manager 1 Administrative Coordinator l Principal Civil Engineer 1 Senior Civil Engineer 1 Associate Civil Engineer (Member Modifications Committee) 3,4 Utilities Department Utilities Director 1 Utilities Administrative Manager 1 Utilities Operation Manager l Boards /Commissions Board of Library Trustees 2 City Arts Coimnission 2 Parks, Beaches and Recreation Commission 4 Civil Service Board 3 Harbor Commission 3,4 Officials Who Manage Public Investments: It has been determined that the positions listed below manage public investments and will file the Form 700 Statement of Economic Interests with the City Clerk's Office: Deputy Administrative Services Director Consultants* *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 limitations as described in the Appendix of Disclosure Categories. 1:\ Users \Clk\LHarkless\FPPC\2002 \Resolution- DesEmp 1- 22- 02.doe