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HomeMy WebLinkAbout04 - Updating the List of Designated Employees for 2026 Under the City's Conflict of Interest CodeQ �EwPpRT CITY OF s NEWPORT BEACH `q44:09 City Council Staff Report January 13, 2026 Agenda Item No. 4 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lena Shumway, City Clerk - 949-644-3005, Ishumway@newportbeachca.gov PREPARED BY: Lena Shumway, City Clerk TITLE: Resolution No. 2026-1: Updating the List of Designated Employees for 2026 Under the City's Conflict of Interest Code ABSTRACT - The City's Conflict of Interest Code, first adopted in 1977 following the 1974 Political Reform Act, was last comprehensively updated in February 1990 pursuant to Fair Political Practices Commission regulations. The Code includes required provisions for financial interest reporting and employee disqualification procedures, along with an appendix identifying designated positions and their disclosure categories. Each year, prior to the City Clerk's receipt of Statements of Economic Interests, the Designated Employees list is reviewed with department directors and updated based on job duties and applicable disclosure requirements. RECOMMENDATIONS: 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. 2026-1, 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 following 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 main components: 1. The body of the Code contains the provisions required by Section 87302 of the Act, including the manner for reporting financial interests and the procedures designated employees must follow to disqualify themselves from making or participating in decisions that may present a conflict of interest; and Resolution No. 2026-1: Updating the List of Designated Employees for 2026 Under the City's Conflict of Interest Code January 13, 2026 Page 2 2. The Appendix lists the positions of designated employees within the agency who make, or participate in making, decisions that may foreseeably have a material effect on economic interests. It also specifies the corresponding disclosure categories for each position, indicating the types of economic interests that must be reported on the Statement of Economic Interests. Prior to the annual submission of the Statements of Economic Interests to the City Clerk, the list of "Designated Employees" is reviewed with the City's department directors to identify any additions or deletions. The positions included in the Designated Employees List (Exhibit 1 to Attachment A) were determined in cooperation with department directors by evaluating each position's job duties and the applicable disclosure categories. Disclosure categories, listed alongside each position, indicate the financial interests that must be reported by designated employees. The categories correspond to whether the position involves a broad range of duties or specific duties, such as contracting or decisions affecting real property interests. Information about the categories can be found in Exhibit 2 to Attachment A. 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. 2026-1 with Exhibits Attachment B — Redline of Designated Employees List Attachment A RESOLUTION NO. 2026-1 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 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 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, whereby Section 18730 of the Regulations was adopted by reference as the Conflict - of -Interest Code for the City of Newport Beach, along with a Designation of Employees; WHEREAS, subsequent to February 26, 1990, the City Council periodically adopted resolutions updating the Appendix of Designated Employees and the Appendix of Disclosure Categories to reflect personnel and staffing position changes; WHEREAS, California Assembly Bill No. 1170, effective January 1, 2025, amended Government Code Section 87500 to require that all positions designated in Government Code Section 87200 file their Statements of Economic Interests directly with the FPPC using the FPPC's electronic filing system, but did not change the existing requirement that the City's Designated Employees and other designated positions file their Statements of Economic Interests directly with the City Clerk; and Resolution No. 2026-1 Page 2 of 3 WHEREAS, the City Council desires to adopt an updated Appendix of Designated Employees and Appendix of Disclosure Categories to reflect continuing personnel and staffing position changes in effect as of the date of this resolution. NOW, THEREFORE, the City Council of the City of Newport Beach, California, resolves as follows: Section 1: The Regulations, as required by Section 18730, are incorporated herein by this reference. Section 2: The Appendix of Designated Employees, attached hereto as Exhibit 1 and incorporated herein by this reference, is hereby adopted and incorporated as part of the City of Newport Beach's Conflict -of -Interest Code. Section 3: The Appendix of Disclosure Categories, attached hereto as Exhibit 2 and incorporated herein by this reference, is hereby adopted and incorporated as part of the City of Newport Beach's Conflict -of -Interest Code. Section 4: All previously adopted Appendices of Designated Employees and Appendices of Disclosure Categories are hereby superseded. Section 5: All positions designated in Government Code Section 87200 shall file their Statements of Economic Interests directly with the FPPC using the FPPC's electronic filing system. Section 6: With the exception of those positions designated in Government Code Section 87200, all Designated Employees and other positions listed in the Appendix of Designated Employees shall file their Statements of Economic Interests electronically with the City Clerk. Section 7: 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. Resolution No. 2026-1 Page 3 of 3 Section 8: The recitals provided above are true and correct and are incorporated into the substantive portion of this resolution. ADOPTED this 13th day of January, 2026. Lauren Kleiman Mayor I_�ii435 Lena Shumway City Clerk APPROVED AS TO FORM: CITY TTORNEY'S OF ICE Aaron C. Harp City Attorney Attachments: Exhibit 1 - 2026 Designated Employees List Exhibit 2 - Appendix of Disclosure Categories EXHIBIT 1 APPENDIX OF DESIGNATED POSITIONS (including elected officials and consultants) Departments/PositionsDisclosure�l City Council Office of the City Attorney City Attorney Assistant City Attorney Deputy City Attorney Office of the City Clerk -.. GC §87200 GC §87200 1 1 City Clerk 1 Assistant City Clerk 1 Office of the City Manager City Manager GC §87200 Assistant City Manager 1 Deputy City Manager 1 Public Information Manager 1 Management Analyst 2 IT Manager 2 IT Supervisor 2 Community Develo ment Department Community Development Director 1 Deputy Community Development Director 1 Systems & Administrator Manager 2 Administrative Analyst 2, 3, 4 Building Division: Real Property Administrator 3, 4 Senior Plan Check Engineer 3,4 Principal Building Inspector 3,4 Senior Building Inspector 3,4 Building Inspector II 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 .Senior Plan Check Engineer 3,4 .Planning Technician 3,4 .Permit Technician Supervisor 3,4 3,4 Department/PositionsDisclosure -.. Planning Division: Planning Manager 1 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 3,4 Administrative Services & Finance Department Administrative Services and 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 Deputy Director of Human Resources 2 Human Resources Manager 2 Senior Human Resources Analyst 2 Fire Department Fire Chief 1 Assistant Fire Chief 1 Assistant Fire Chief of Lifeguard Operations 1 EMS Division Chief 1 Fire Marshal 1 EMS Captain 2 Administrative Manager 2 Deputy Fire Marshal 3, 4 Senior Fire Inspector 3,4 Senior Fire Inspector 3,4 Fire Services Coordinator 2 2 Harbor Department Harbormaster/Director 1 Deputy Harbormaster 1 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 Department/PositionsDisclosure -.. 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 Administration and Finance Division: Public Works Director 1 Public Works Finance/Administrative Manager 1 Administrative Analyst 2 Senior Management Analyst 2 Engineering and Transportation Division: Deputy Public Works Director/City Engineer — Public Works 1 Administrative Manager 2, 3, 4 Assistant City Engineer 2, 3, 4 City Traffic Engineer 1 Principal Civil Engineer 2, 3, 4 Senior Civil Engineer 2,3 Senior Civil Engineer -Plan Check 3,4 Associate Civil Engineer 2,3,4 Senior Public Works Inspector 2, 3, 4 Public Works Inspector 2, 3, 4 Public Works Inspector II 2, 3, 4 Senior Engineer 2, 3, 4 Construction Manager 2, 3, 4 3,4 Municipal Operations Department. Municipal Operations Director 1 Deputy Director of Municipal Operations 1 Assets Maintenance Manager 2,4 City Arborist 2, 3, 4 Refuse Manager 2, 3, 4 Field Maintenance Manager 2,3 Parks and Trees Manager 2, 3, 4 Equipment Maintenance Supervisor 2 Facilities Maintenance Supervisor 2,4 Landscape Maintenance Supervisor 2 Recreation and Senior Services Department Recreation and Senior Services Director 1 Deputy Recreation and Senior Services Director 2 Recreation and Senior Services Manager 2 Department/PositionsDisclosure Utilities Department .. Utilities Director 1 Field Superintendent II 2 Operations Support Superintendent 2 Senior Management Analyst 2 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 Plannina Commission 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. GC 2 3,4 2 3 1 3,4 4 EXHIBIT 2 APPENDIX OF DISCLOSURE CATEGORIES CATEGORY DESCRIPTION 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 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. Attachment B - 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 ParCiiP.g-a-i .. GC §87200 GC §87200 1 1 2,3 Office of the City Clerk City Clerk 1 Assistant City Clerk 1 Office of the City Mana er City Manager GC §87200 Assistant City Manager 1 Deputy City Manager 1 Public Information Manager 1 Management Analyst 2 IT Manager IT Supervisor Community Development Department 2 2 Community Development Director 1 Deputy Community Development Director 1 Systems & Administrator Manager 2 Administrative Analyst 2, 3, 4 Building Division: Real Property Administrator 3, 4 Senior Plan Check Engineer 3,4 Principal Building Inspector 3,4 Senior Building Inspector 3,4 Building Inspector II 3,4 Permit gpeGia4st II 3,4 Permit spe G446t 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 Senior Plan Check Engineer 3,4 Planning Technician 3,4 Permit TenhRinian ii 3,4 Permit Technician Supervisor 3,4 Permit Spenialis II 3,4 Department/PositionsDisclosure -.. Planning Division: Planning Manager 1 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 Offiner Trainee 3,4 r,-Ga-Administrative Services & Finance Department GC §87200 FiRaMe Dironter Administrative Services and Finance Director/City Treasurer 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 Deputy Director of Human Resources 2 Human Resources Mana er 2 Senior Human Resources Anal st 2 Fire Department Fire Chief 1 Assistant Fire Chief 1 Assistant Fire Chief of Lifeguard Operations 1 EMS Division Chief 1 Fire Marshal 1 EMS Captain 2 Administrative Manager 2 2 Deputy Fire Marshal 3, 4 Senior Fire Inspector 3,4 Senior Fire Inspector 3,4 Fire Services Coordinator 2 Ronreatmen Geefd nOt/lr 2 Harbor Department Harbormaster/Director 1 Deputy Harbormaster 1 Human ResourGes Departmen4 Human Rese irnoc Dirontnr 1 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 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 Administration and Finance Division: Public Works Director 1 Public Works Finance/Administrative Manager 1 Administrative Analyst 2 Senior Management Analyst 2 MaRagement 2 Engineering and Transportation Division: Deputy Public Works Director/City Engineer - Public Works 1 Administrative Manager 2, 3, 4 Assistant City Engineer 2, 3, 4 City Traffic Engineer 1 Principal Civil Engineer 2, 3, 4 Senior Civil Engineer 2,3 Senior Civil Engineer -Plan Check 3,4 Associate Civil Engineer 2,3 4 Senior Public Works Inspector 2, 3, 4 Public Works Inspector 2, 3, 4 Public Works Inspector II 2, 3, 4 Senior Engineer 2, 3, 4 Construction Manager 2, 3, 4 %ni.A+o. G!1llYd4ia GF 3,4 Municipal Operations DiWsiGnDe artment : Municipal Operations Director 1 Deputy P bliG `^ eFk Director of:- Municipal Operations 1 Assets Maintenance Manager 2,4 City Arborist 2, 3, 4 Refuse Manager 2, 3, 4 Field Maintenance Manager 2,3 Parks and Trees Manager 2, 3, 4 Equipment Maintenance Supervisor 2 Facilities Maintenance Supervisor 2,4 Landscape Maintenance Supervisor 2 Recreation and Senior Services Department Recreation and Senior Services Director 1 Deputy Recreation and Senior Services Director 2 Recreation and Senior Services Manager 2 Utilities Director 1 Field Superintendent II 2 Operations Support Superintendent 2 Senior Manaqement Analvst 2 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 Plannina Commission 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. I GC &87200 I 1