HomeMy WebLinkAbout03 - Updating the List of Designated Employees for 2023 Under the City's Conflict of Interest CodeSEW PO—
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FROM:
CITY OF
NEWPORT BEACH
City Council Staff Report
January 10, 2023
Agenda Item No. 3
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Leilani I. Brown, City Clerk - 949-644-3005,
(brown@newportbeachca.gov
PREPARED BY: Leilani I. Brown, City Clerk
TITLE: Resolution No. 2023-1: Updating the List of Designated Employees
for 2023 Under the City's Conflict of Interest Code
ABSTRACT:
The City of Newport Beach (City) 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. 2023-1, A Resolution of the City Council of the City of Newport
Beach, California, Updating the Appendix of Designated Employees and Appendix of
Disclosure Categories of the City of Newport Beach Conflict of Interest Code.
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 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 making or
participating in the making of decisions; and
2. The Appendix to the code lists the positions of those designated employees within the
agency who make or participate in the making of decisions which may foreseeably
have a material effect on economic interests. It includes the corresponding disclosure
categories for each position, specifying which kinds of economic interests are
reportable by designated employees in their Statement of Economic Interests.
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Resolution No. 2023-1: Updating the List of Designated Employees for 2023
Under the City's Conflict of Interest Code
January 10, 2023
Page 2
Prior to the time the Statement of Economic Interests are submitted to the City Clerk on
an annual basis, the list of "Designated Employees" 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 Designated Employees List (included as Exhibit 1 to Attachment A) 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 position and indicate the different
financial interests within the City which must be disclosed and reported on each
Designated Employee's Statement of Economic Interests depending upon whether the
duties involve a broad range of duties or involve specific duties, such as contracting or
decisions which might affect real property interests.
FISCAL IMPACT:
There is no fiscal impact related to this item.
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).
ATTACHMENTS:
Attachment A — Resolution No. 2023-1 with Exhibits
Attachment B — Exhibit 1 (redline)
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ATTACHMENT A
RESOLUTION NO. 2023-1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, UPDATING THE
APPENDIX OF DESIGNATED EMPLOYEES AND
APPENDIX OF DISCLOSURE CATEGORIES OF THE CITY
OF NEWPORT BEACH CONFLICT OF INTEREST CODE
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 Division 6 of Title 2 of the California Code
of Regulations ("Regulations");
WHEREAS, Section 18730 of the Regulations ("Section 18730") provides that
incorporation by reference of the terms of Section 18730, along with the designation of
employees by position ("Designated Employees") who make or participate in the making
of decisions which may foreseeably have a material effect on economic interests, and the
formulation of disclosure categories ("Disclosure Categories") specifying which kinds of
economic interests are reportable by Designated Employees in their Statement of
Economic Interests, constitute 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 87306;
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 list of
Designated Employees ("Appendix of Designated Employees") and corresponding
Disclosure Categories ("Appendix of Disclosure Categories");
WHEREAS, subsequent to February 26, 1990, the City Council has periodically
and annually adopted resolutions amending the Appendix of Designated Employees and
Appendix of Disclosure Categories to reflect continuing personnel and staffing position
changes within the City; and
WHEREAS, an updated Appendix of Designated Employees and Appendix of
Disclosure Categories has been prepared which reflects the most current staffing
changes in effect as of the date of this resolution.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
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Resolution No. 2023-
Page 2 of 3
Section 1: The Regulations, as required by Section 18730, are incorporated
herein by this reference.
Section 2: The Appendix of Designated Employees, which is attached hereto
as Exhibit 1 and incorporated herein by this reference, is hereby adopted and
incorporated into the City of Newport Beach Conflict of Interest Code.
Section 3: The Appendix of Disclosure Categories, which is attached hereto as
Exhibit 2 and incorporated herein by this reference, is hereby adopted and incorporated
into the City of Newport Beach Conflict of Interest Code.
Section 4: All previously adopted Appendix of Designated Employees and
Appendix of Disclosure Categories are hereby superseded.
Section 5: All employees identified by position in the Appendix of Designated
Employees shall file their Statement of Economic Interests with the City Clerk
electronically.
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 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, Division 6, 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.
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Resolution No. 2023-
Page 3 of 3
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 10th day of January, 2023.
Noah Blom
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY TTORNEY'S OFFICE
" C. L�
aron C. Harp
City Attorney
Attachments: Exhibit 1 —Appendix of Designated Employees
Exhibit 2 -- Appendix of Disclosure Categories
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EXHIBIT 1
Appendix of Designated Positions
(including elected officials and consultants)
Departments/PositionsDisclosure
City Council
Office of the City Attorney
City Attorney
Assistant City Attorney
Deputy City Attorney
Paralegal
Office of the City Clerk
City Clerk
-..
GC §87200
GC §87200
1
1
2,3
1
Deputy City Clerk
1
Office of the City Manager
City Manager
GC §87200
Assistant City Manager
1
Deputy City Manager
1
IT Manager
2
Public Information Manager
1
Community Development Department
Community Development Director
1
Deputy Community Development Director
1
Systems & Administrator Manager
2
Administrative Analyst
2, 3, 4
Building Division:
Real Property Administrator
1, 4
Senior Plan Check Engineer
3,4
Principal Building Inspector
3,4
Senior Building Inspector
3,4
Building Inspector II
3,4
Permit Specialist II
3,4
Permit Specialist
3,4
Principal Civil Engineer
3,4
Senior Civil Engineer
3,4
Civil Engineer
3,4
EMS Plans Examiner
3,4
Principal Engineer
3,4
Planning Technician
3,4
Permit Technician Supervisor
3,4
Planning Division:
Principal Planner
1
Senior Planner
2, 3, 4
Associate Planner
2, 3, 4
Assistant Planner
3,4
Code Enforcement Supervisor
3,4
Code Enforcement Officer, Senior
3,4
Code Enforcement Officer I
3,4
Code Enforcement Officer Trainee
3,4
m
Department/PositionsDisclosure
..
Finance Department
Finance Director/City Treasurer
GC §87200
Deputy Finance Director
1
Revenue Manager
2,3
Finance Manager
2,3
Purchasing and Contracts Administrator
2
Senior Accountant
2
Senior Buyer
2
Buyer
2
Fire Department
Fire Chief
1
Assistant Fire Chief
1
Assistant Fire Chief of Lifeguard Operations
1
EMS Division Chief
1
Fire Marshal
1
Administrative Manager
2
Life Safety Specialist III
3,4
Life Safety Specialist II
3,4
Life Safety Specialist 1
3,4
Fire Facilities Coordinator
2
Harbor Department
Harbormaster/Director
1
Human Resources Department
Human Resources Director
1
Human Resources Manager
2
Library Services Department
Library Services Director
1
Library Services Manager
2
Adult Services Coordinator Librarian III
2
Branch and Youth Services Coordinator Librarian III
2
Circulation and Technical Processing Coordinator (Librarian III)
2
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
3-7
Department/PositionsDisclosure
-..
Public Works Department
Administration and Finance Division:
Public Works Director
1
Public Works Finance/Administrative Manager
1
Administrative Analyst
2
Analyst
2
Management Specialist
2
Senior Management Analyst
2,3
Engineering and Transportation Division:
Deputy Public Works Director/City Engineer — Public Works
1
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
Assistant Civil Engineer
2
Associate Civil Engineer
2
Associate Civil En ineer-5%
2
Associate Civil Engineer -Plan Check
2, 3, 4
Senior Public Works Inspector
2, 3, 4
Public Works Inspector
2, 3, 4
Senior Engineer
2, 3, 4
Water Conservation Coordinator
3,4
Municipal Operations Division:
Deputy Public Works Director — Municipal Operations
1
Assets Maintenance Manager
2,4
City Arborist
2, 3, 4
Refuse Manager
2, 3, 4
Field Maintenance Manager
2
Parks and Trees Manager
2
Beach Maintenance Supervisor
2
Equipment Maintenance Supervisor
2
Facilities Maintenance Supervisor
2
Landscape Maintenance Supervisor
2
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
Utilities Department
Utilities Director
1
Field Superintendent II
2
Operations Support Superintendent
2
Senior Management Analyst
2
NL.*
Disclosure
•.
-..
Boards Commissions and Committees
Board of Library Trustees
2
Building and Fire Board of Appeals
3,4
City Arts Commission
2
Civil Service Board
3
Finance Committee
1
Harbor Commission
3,4
Parks, Beaches and Recreation Commission
4
GC §87200
Planning Commission
Consultants
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.
MOJ
Exhibit 2
APPENDIX OF DISCLOSURE CATEGORIES
CATEGORY
DESCRIPTION O.
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 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 within Newport
Beach, and income from sources within Newport Beach 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.
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.
3-10
ATTACHMENT B
EXHIBIT 1
Appendix of Designated Positions
(including elected officials and consultants)
Departments/Positions
City Council
Office of the City Attorney
City Attorney
Assistant City Attorney
Deputy City Attorney
Paralegal
Office of the Citv Clerk
GC W200
GC §87200
1
1
2.3
City Clerk 1
°ccA-De ut Cit Clerk 1
Office of the City Manager
City Manager GC §87200
Assistant City Manager 1
Deputy City Manager 1
IT Manager 2
Public Information Manaaer 1
Community Development Director
1
Deputy Community Development Director
1
Systems & Administrator Manager
2
Administrative Analyst
2, 3, 4
Building Division:
Real Property Administrator
1 4
Senior Plan Check Engineer
3,4
Principal Building Inspector
3,4
Senior Building Inspector
3,4
Building Inspector II
3,4
Permit Specialist II
3,4
Permit Specialist
3,4
Principal Civil Engineer
3,4
Senior Civil Engineer
3,4
Civil Engineer
3,4
EMS Plans Examiner
3,4
Principal Engineer
3,4
Planning Technician
3,4
Permit Technician Supervisor
3,4
Planning Division:
Principal Planner
1
Senior Planner
2, 3, 4
Associate Planner
2, 3, 4
Assistant Planner
3,4
Code Enforcement Supervisor
3,4
Code Enforcement Officer, Senior
3,4
Code Enforcement Officer 1
3,4
Code Enforcement Officer Trainee
3,4
3-11
Department/PositionsDisclosure
..
Finance Department
Finance Director/City Treasurer
GC §87200
Deputy Finance Director
1
Revenue Manager
2,3
Finance Manager
2,3
Purchasing and Contracts Administrator
2
Senior Accountant
2
Senior Buyer
2
Buyer
2
Fire Department
Fire Chief
1
Assistant Fire Chief
1
Assistant Fire Chief of Lifeguard Operations
1
EMS Division Chief
1
Fire Marshal
1
Administrative Manager
2
Life Safety Specialist III
3,4
Life Safety Specialist II
3,4
Life Safety Specialist 1
3,4
Fire Facilities Coordinator
2
Harbor Department
Harbormaster/Director
1
Human Resources Department
Human Resources Director
1
Human Resources Manager
2
Library Services Department
Library Services Director
1
Library Services Manager
2
Adult Services Coordinator Librarian III
2
Branch and Youth Services Coordinator Librarian III
2
Circulation and Technical Processing Coordinator (Librarian III)
2
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
3-12
Department/PositionsDisclosure
-..
Public Works Department
Administration and Finance Division:
Public Works Director
1
Public Works Finance/Administrative Manager
1
Administrative Analyst
2
Analyst
2
Management Specialist
2
Senior Management Analyst
2,3
Engineering and Transportation Division:
Deputy Public Works Director/City Engineer — Public Works
1
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
Assistant Civil Engineer
2
Associate Civil Engineer
2
Associate Civil En ineer-5%
2
Associate Civil Engineer -Plan Check
2, 3, 4
Senior Public Works Inspector
2, 3, 4
Public Works Inspector
2, 3, 4
Senior Engineer
2, 3, 4
Water Conservation Coordinator
3,4
Municipal Operations Division:
Deputy Public Works Director — Municipal Operations
1
Assets Maintenance Manager
2,4
City Arborist
2, 3, 4
Refuse Manager
2, 3, 4
Field Maintenance Manager
2
Parks and Trees Manager
2
Beach Maintenance Supervisor
2
Equipment Maintenance Supervisor
2
Facilities Maintenance Supervisor
2
Landscape Maintenance Supervisor
2
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
Utilities Department
Utilities Director
1
Field Superintendent II
2
Operations Support Superintendent
2
Senior Management Analyst
2
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Disclosure
..
Boards Commissions and Committees
Board of Library Trustees
2
Building and Fire Board of Appeals
3,4
City Arts Commission
2
Civil Service Board
3
Finance Committee
1
Harbor Commission
3,4
Parks, Beaches and Recreation Commission
4
GC §87200
Planning Commission
Consultants
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.
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