HomeMy WebLinkAbout11 - Conflict of Interest Code Designated EmployeesCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. ii
December 9, 2003
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 2004 UNDER THE CITY'S CONFLICT OF INTEREST CODE
RECOMMENDATION:
Adopt Resolution No. 2003 - adopting the 2004 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:
1. 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
December 9, 2003
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:
LaVonne M. Harkless, City Clerk
Attachments: Appendix of Disclosure Categories
Resolution No. 2003-
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.
H:\FPPC \2004 \Conflict of Interest Code\APPENDIX OF DISCLOSURE CATEGORIES 2004.doc
RESOLUTION NO. 2003-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH, CALIFORNIA,
ADOPTING AN UPDATED DESIGNATED
EMPLOYEES LIST FOR 2004
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 H, 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, 2000 -99, 2002 -08, and 2002 -86
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 2004 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 December, 2003.
Mayor
ATTEST:
City Clerk
H:\FPPC\2004 \Conflict of Interest Code\Resolution- Designated Employees 12 -09 -03.doc
EXHIBIT "A"
2004 APPENDIX OF DESIGNATED POSITIONS
City Clerk
City Clerk
Office of the City Manaeer
Assistant City Manager
Deputy City Manager
Assigned
Disclosure
Cateeories
Public Information Officer
2
Manager, Harbor Resources Division
1
Supervisor, Harbor Resources Division
3,4
Code & Water Quality Enforcement Division Manager
3,4
Code & Water Quality Enforcement Officer
3,4
Watershed & Water Quality Specialist
3,4
Human Resources Department
Human Resources Director 1
Human Resources Operations Manager 2
Risk Manager 1
Office of the Citv Attorney
Assistant City Attorney
Deputy City Attorney
Deputy City Attorney (part-time contract)
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 Specialist
3,4
Fire Prevention Specialist Plan Check, Non -Safety
3,4
H:\FPPC\2004 \Conflict of Interest Code\aesoletion- Designated Employees 12 -09 -03.doc
2004 APPENDIX OF DESIGNATED POSITIONS
Assigned
Disclosure
Cateeories
Library Services Department
Library Services Director
Assistant City Librarian
Public Services Manager (Librarian IV)
Circulation & Training Manager (Librarian IV)
Collection Department Manager (Librarian III)
Youth and Branch Services Manager
Cultural Arts Coordinator
Information Systems Coordinator
General Services Department
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
Administrative Analyst
Storm Drain/Street Sweeping Supervisor
Plannine Department
Planning Director
Senior Planner
3,4
Associate Planner
3,4
Assistant Plattner
3,4
Planning Technician
3,4
Buildine Department
Building Director
Chief Building Inspector
3,4
Deputy Building Official
3,4
Civil Engineer
3,4
Associate Civil Engineer
3,4
Principal Building Inspector
3,4
Senior Building Inspector
3,4
H:\FPPC\2004 \Conflict of Interest Code \Resolution - Designated Employees 12 -09 -03.dm
2004 APPENDIX OF DESIGNATED POSITIONS
Assigned
Disclosure
Categories
Building Department (contd.):
Building Inspector II 3,4
Building Inspector I 3,4
Police Department
Chief of Police
Captain
2,3
Support Services Lieutenant
2
Police Fiscal Service/Facility Manager
2
Lieutenant/Legal 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 (Member Modifications Committee)
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 1
Utilities Administrative Manager 1
Utilities Operation Manager 1
Recreation & Senior Services Department
Recreation & Senior Services Director 1
Recreation Manager 2
Senior Services Manager 2
Recreation Superintendent 2
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\2004 \Conf1ict of Interest Code \Resolution - Designated Employees 12- 09- 03.doc
2004 APPENDIX OF DESIGNATED POSITIONS
Assigned
Disclosure
Cateeories
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.
H:\FPPC\2004 \Conflict of Interest Code\Resolution- Designated Employees 12 -09 -03.doc