HomeMy WebLinkAbout04 - Designated Employees for 2007CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 4
January 9, 2007
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Clerk's Department
LaVonne M. Harkless, City Clerk
949 - 644 -3005
Iharkless@city.newport-beach.ca.us
SUBJECT: RESOLUTION UPDATING THE LIST OF DESIGNATED EMPLOYEES
FOR 2007 UNDER THE CITY'S CONFLICT OF INTEREST CODE
RECOMMENDATION:
Adopt Resolution No. 2007 - adopting the 2007 Designated Employees List.
DISCUSSION:
Background:
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
Designated Employee List
January 9, 2007
Page 2
determined in cooperation with the department heads by evaluating each position to
determine their job duties and corresponding disclosure categories. 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.
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.
Environmental Review: N/A
Submitted by:
4t4n, Al - A"
LaVonne M. Harkless, City Clerk
Attachments: Appendix of Disclosure Categories
Resolution No. 2007-
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 Directors determination is a public record
and shall be retained for public inspection in the same manner and location
as this conflict of interest code.
H: \FPPC\2007 \Conflict of Interest Code\APPENDIX OF DISCLOSURE CATEGORIES 2007.doc
RESOLUTION NO. 2007-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH, CALIFORNIA,
ADOPTING AN UPDATED DESIGNATED
EMPLOYEES LIST FOR 2007
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 C 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, 2000 -99, 2002 -08, 2002 -86, 2003 -64,
2004 -96 and 2006 -1 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 2007
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 9th day of January, 2007.
Mayor
ATTEST:
City Clerk
H:TPPC\2GG7\Conflict of Interest CodeUtesolution- Designated Employees 1 -09 -07.doc
EXHIBIT "A"
2007 APPENDIX OF DESIGNATED POSITIONS
City Clerk
City Clerk
Office of the City Manager
Assistant City Manager
Deputy City Manager
Public Information Officer
Manager, Harbor Resources Division
Supervisor, Harbor Resources Division
Code & Water Quality Enforcement Division Manager
Code & Water Quality Enforcement Officer
Water Conservation & Water Quality Specialist
Human Resources Department
Human Resources Director
Human Resources Operations Manager
Risk Manager
Office of the City Attorney
Assistant City Attorney
Deputy City Attorney
Contract Attomey (part-time)
Administrative Services Department
Fiscal Services Manager
MIS Manager
Revenue Manager
Accounting Manager
Senior Buyer
Buyer
Fire Department
Fire Chief
Fiscal & Information Services Manager
Deputy Chiet; Operations
Fire Marshal
Deputy Fire Marshal
Fire Prevention Specialist
Fire Captain, Administration
Fire Facilities & Supply Coordinator
EMS Coordinator
Fire Prevention Specialist Plan Check, Non -Safety
Fire Division Chief
HAFPPC\2W7\Conflict of Interest CodeVtesolution- Designated Employees 1 -09 -07.doc
Assigned
Disclosure
Cateeories
3,4
3,4
3,4
3,4
2,5
2
2,3
2,3
2
2
1
2
2
2,3,4
3,4
3,4
2
2
2
3,4
2
2007 APPENDIX OF DESIGNATED POSITIONS
Assigned
Disclosure
Cate¢orles
Library Services Department
Library Services Director
Assistant City Librarian
Library Services Manager (Librarian IV)
Support Services Coordinator (Librarian III)
Collection Development Coordinator (Librarian III)
Branch, Youth Services & Circulation Coordinator (Librarian III)
Branch/Training Supervisor (Librarian III)
Cultural Arts Coordinator
Library Information Systems Coordinator
Reference & Training Coordinator
General Services Department
General Services Director 1
Deputy General Services Director 2
Equipment Maintenance Superintendent 2
Equipment Maintenance Supervisor 2
Urban Forester 2
Field Maintenance Superintendent 2
Concrete Maintenance Supervisor 2
Street Maintenance Supervisor 2
Beach Maintenance Supervisor 2
Operations Support Superintendent 2
Facilities Maintenance Supervisor 2
Parks and Trees Maintenance Superintendent 2
Parks Maintenance Supervisor 2
Refuse Superintendent 2
Refuse Supervisor, 2
Auto Parts Buyer 2
Administrative Analyst 2
Storm Drain/Street Sweeping Supervisor 2
Planning Department
Planning Director
1
Senior Planner
3,4
Associate Planner
3,4
Assistant Planner
3,4
Planning Technician
3,4
Building Department
Building Director
1
Chief Building Inspector
3,4
Deputy Building Official
3,4
Plan Check Civil Engineer
3,4
Senior Plan Check Engineer
3,4
Plan Check Engineer
3,4
Principal Building Inspector
3,4
Senior Building Inspector
3,4
HARPC\2007\Cont1ict of Interest Code\Resolution- Designated Employees 1 -09 -07.doc
2007 APPENDIX OF DESIGNATED POSITIONS
Assigned
Disclosure
Cateeorles
Buildine Department (coutd.):
Building Inspector II 3,4
Subtrade Plans Examiner 3,4
Police Department
Chief of Police 1
Captain 2,3
Support Services Lieutenant 2
Police Fiscal Service/Facility Manager 2
LieutenarrYLegal Advisor 2,3
Public Works Department
Director of Public Works
1
City Engineer/Engineering Services Manager
1
Transportation & Dev. Services Manager
1
Administrative Manager
1
Principal Civil Engineer
1
Associate Engineer
3,4
Junior Engineer (Plan Check)
3,4
Civil Engineer
1
Associate Engineer (Plan Check)
3,4
Associate Engineer (Plan Check — Traffic)
3,4
Utilities Department
Utilities Director
Utilities Administrative Manager
Utilities Operation Manager
Recreation & Senior Services Department
Recreation & Senior Services Director
Recreation Manager
Senior Services Manager
Recreation Superintendent
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
H:\FPPC\2007\Conf1ict of Interest Code\ Resolution - Designated Employees 1 -09 -07.dm
2007 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
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 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.
HAFPPC\2007\Conflict of Interest Code\Rwolutim- Designated Employees 1 -09 -07.doc