HomeMy WebLinkAbout04 - Resolution Updating the List of Designated Employees for 2017 Under the City's Conflict of Interest CodeQ SEW Pp�T
CITY OF
s NEWPORT BEACH
c1/1FOR City Council Staff Report
January 10, 2017
Agenda Item No. 4
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Leilani I. Brown, City Clerk - 949-644-3005,
(brown@newportbeachca.gov
PREPARED BY: Leilani I. Brown, City Clerk
TITLE: Resolution Updating the List of Designated Employees for 2017
Under the City's Conflict of Interest Code
ABSTRACT:
The City of Newport Beach updates its Conflict of Interest Code annually.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines
because this action will not result in a physical change to the environment, directly or
indirectly; and
b) Adopt Resolution No. 2017-1, A Resolution of the City Council of the City of Newport
Beach, California, Adopting an Updated Designated Employees List for 2017.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
The City's Conflict of Interest Code was first adopted in 1977 in response to the
enactment of the 1974 Political Reform Act ("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 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
4-1
Resolution Updating the List of Designated Employees for
2017 Under the City's Conflict of Interest Code
January 10, 2017
Page 2
2. The Appendix to the code 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 City's 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 directors 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
financial 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.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A - Resolution No. 2017-1
4-2
ATTACHMENT A
RESOLUTION NO. 2017-1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, ADOPTING AN
UPDATED DESIGNATED EMPLOYEES LIST FOR 2017
WHEREAS, the California Political Reform Act, Government Code Sections
81000 et seq. ("Act") requires every local governmental agency to adopt and
promulgate a Conflict of Interest Code;
WHEREAS, the Fair Political Practices Commission ("FPPC") has adopted
regulations for compliance with the Act under Title II, Division VI of the California Code
of Regulations ("Regulations");
WHEREAS, Section 18730 of the Regulations provides that incorporation by
reference of the terms of Section 18730, along with the designation of employees
("Designated 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;
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
resolutions amending the list of Designated Employees. Since the adoption of the
resolutions, there have been further personnel changes and, therefore, the City Council
has determined that the City's Designated Employees List should be updated to reflect
these changes. The 2017 Designated Employees List, which reflects staffing changes
during 2016, is attached hereto as Exhibit 1 and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Newport Beach, California, as follows:
Section 1: The Regulations as required by Section 18730 are incorporated by
reference.
Section 2: Exhibit 1 sets forth designated employees and disclosure
categories and is hereby adopted and incorporated as part of the City of Newport
Beach's Conflict of Interest Code.
Section 3: Exhibit 1 shall be appended to the Newport Beach Conflict of
Interest Code and all previously adopted Designated Employees Lists are hereby
superseded.
Section 4: Exhibit 2, attached hereto and incorporated by reference, outlines
the Appendix of Disclosure Categories for each of the Designated Employees.
4-3
Resolution No. 2017-1
Page 2 of 8
Section 5: Ali Designated Employees and other persons listed in Exhibit 1
shall file Statements of Economic Interest with the City Clerk, except for City Council
Members, Planning Commissioners, City Manager, City Attorney, and Finance Director
who will be filing their forms electronically directly with the FPPC.
Section 6: The City Clerk is hereby instructed to take all necessary actions to
implement compliance with the Regulations, including preparation and distribution of
necessary reporting forms and the subsequent filing and recording of all required
reports.
Section 7: The City Council finds this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical charge in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
Section 8: The Recitals provided above are true and correct and are
incorporated into the substantive portion of this resolution.
Section 9: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall
not affect the validity or constitutionality of the remaining portions of this resolution. The
City Council hereby declares that it would have passed this resolution, and each
section, subsection, sentence. clause or phrase hereof, irrespective of the fact that any
one or more sections, subsections, sentences, clauses or phrases be declared invalid
or unconstitutional.
Section 10: This resolution shall take effect immediately upon its adoption by
the City Council and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 10" day of January. 2017.
Kevin Muldoon
Mayor
ATTEST:
Leilani L Brown
City Clerk
APPROVED AS TO FORM:
CIT
Aaron C. Harp
City Attorney
am
Resolution No. 2017-1
Page 3 of 8
EXHIBIT 1
2017 APPENDIX OF DESIGNATED POSITIONS
Disclosure
Categories
City Council GC 87200
Office of the City Attorney
City Attorney GC 87200
Assistant City Attorney 1
Deputy City Attorney 1
Office of the City Clerk
City Clerk 1
Assistant City Clerk 1
Office of the Citv Manaaer
City Manager GC 87200
Assistant City Manager 1
Assistant to the City Manager/IT Manager 1
Assistant to the City Manager/Public Information Manager 1
Administrative Analyst 2
Communitv Develooment Deoartment
Community Development Director
1
Deputy Community Development Director
1
Systems Administrator Manager
2
Administrative Analyst
2
Building Division:
Real Property Administrator
1
Senior Plan Check Engineer
3,4
Principal Building Inspector
3,4
Senior Building Inspector
3,4
Building Inspector II
3,4
RBR Inspector
3,4
Principal Civil Engineer
3,4
Plans Examiner
3,4
Planning Division:
Planning Manager
1
Principal Planner
1
Senior Planner
2, 3, 4
Associate Planner
2, 3, 4
Assistant Planner
3,4
4-5
Resolution No. 2017-1
Page 4 of 8
Disclosure
Categories
Communitv Develoament Deaartment - continued
Planning Technician 3,4
Code Enforcement Supervisor 3,4
Senior Code Enforcement Officer 3,4
Code Enforcement Officer 3,4
Code Enforcement Officer Trainee 3,4
Finance Deaartment
Finance Director/City Treasurer GC 87200
Deputy Finance Director 1
Revenue Manager 2,3
Budget Manager 2
Purchasing Agent 2
Buyer 2
Fire Deaartment
Fire Chief
1
Assistant Fire Chief
1
Assistant Fire Chief of Lifeguard Operations
1
EMS Division Chief
1
Administrative Manager
2
Life Safety Specialist III
3,4
Life Safety Specialist II
3,4
Fire Facilities Coordinator
2
Human Resources Department
Human Resources Director 1
Human Resources Manager 2
Library Services Deaartment
Library Services Director 1
Library Services Manager 2
Support Services Coordinator (Librarian III) 2
Branch and Youth Services Coordinator (Librarian III) 2
Circulation and Technical Processing Coordinator (Librarian III) 2
Municipal Operations Deaartment
Municipal Operations Director 1
Equipment Maintenance Superintendent 2
Equipment Maintenance Supervisor 2
Field Maintenance Superintendent 2
Operations Support Superintendent 2
Parks and Trees Maintenance Superintendent 2
Senior Management Analyst 2
Automotive Parts Buyer 2
Field Superintendent 11 2
on
Resolution No. 2017-1
Page 5 of 8
Disclosure
Categories
Police Department
Chief of Police 1
Deputy Chief of Police 1
Support Services Administrator 1
Executive Officer to the Chief of Police 2
Support Services Lieutenant 2
Police Fiscal Service/Facility Manager 2
Public Works Department
Director of Public Works
1
Deputy Director of Public Works/City Engineer
1
Public Works Finance/Administrative Manager
1
Assistant City Engineer
2, 3,4
City Traffic Engineer
2, 3,4
Principal Civil Engineer
2, 3, 4
Senior Civil Engineer
2, 3
Senior Civil Engineer -Plan Check
3,4
Associate Civil Engineer
2
Associate Civil Engineer II
2
Associate Civil Engineer -Plan Check
2, 3,4
Senior Public Works Inspector
2, 3, 4
Construction Supervisor
2, 3,4
City Surveyor
3,4
Engineering Technician
3,4
Harbor Resources Division Manager
1
Harbor Resources Division Supervisor
2, 3,4
Senior Engineer
2, 3,4
Water Conservation Coordinator
3,4
Recreation and Senior Services Department
Recreation and Senior Services Director 1
Deputy Recreation and Senior Services Director 2
Recreation Manager 2
Senior Services Manager 2
4-7
Boards, Commissions, Committees
Board of Library Trustees
Building and Fire Board of Appeals
City Arts Commission
Civil Service Board
Finance Committee
Harbor Commission
Parks, Beaches and Recreation Commission
Planning Commission
Consultants
Resolution No. 2017-1
Page 6 of 8
Disclosure
Categories
2
3,4
2
3
1
3,4
4
GC 87200
1
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.
Resolution No. 2017-1
Page 7 of 8
EXHIBIT 2
APPENDIX OF DISCLOSURE CATEGORIES
CATEGORYDESCRIPTION
OF CATEGORY
GC 87200
Must disclose all personal investments and business positions in business entities, sources of
income and interests in real property within Newport Beach. The original Form 700 is filed with
the City Clerk who sends the original to the FPPC.
1
DESIGNATED EMPLOYEES WHOSE DUTIES ARE BROAD AND INDEFINABLE.
Must disclose all personal investments and business positions in business entities, sources of
income and interests in real property within Newport Beach.
CONSULTANTS 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.
2
DESIGNATED EMPLOYEES WHOSE DUTIES INVOLVE CONTRACTING OR PURCHASING.
Must disclose investments and business positions in business entities within Newport Beach and
income from sources within Newport Beach which manufacture, sell or provide supplies,
materials, books, machinery, services, equipment or computer equipment of the type utilized by
the Cit , 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 within Newport Beach,
and income from sources within Newport Beach which are subject to the regulatory, permit or
licensing uthority of the City of Newport Beach.
4
DESIGNATED EMPLOYEES WHOSE DECISIONS MAY AFFECT REAL PROPERTY
INTERESTS.
Must disclose investments and business positions in business entities within Newport Beach, and
income from sources within Newport Beach 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 within Newport Beach and sources of income within Newport Beach 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.
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