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CITY OF
NEWPORT BEACH
City Council Staff Report
Agenda Item No. 4
January 14, 2014
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Clerk's Office
Leilani I. Brown, MMC, City Clerk
949 - 644 -3005, [brown (a)newportbeach ca. oov
PREPARED BY: Leilani I. Brown, City Clerk
APPROVED: O. K /�
Resolution Updating the List of Designated Employees for 2014
TITLE: Under the City's Conflict of Interest Code
ABSTRACT:
The City of Newport Beach updates its Conflict of Interest Code annually.
RECOMMENDATION:
Adopt Resolution No. 2014 -1 adopting the 2014 Designated Employees List.
DISCUSSION:
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.
2014 DESIGNATED EMPLOYEES LIST
January 14, 2014
Page 2
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 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 Finance 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 directly with the Fair Political Practices Commission (FPPC).
FUNDING REQUIREMENTS:
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).
Submitted by:
Leilani I. Brown
City Clerk
Attachment: Resolution No. 2014 -1 adopting an updated Designated Employees List
for 2014
2014 DESIGNATED EMPLOYEES LIST
January 14, 2014
Page 3
N=610A40 Is] ►Iz[6�1111E51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, ADOPTING AN UPDATED
DESIGNATED EMPLOYEES LIST FOR 2014.
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 ll, 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, 2002 -86, 2003 -64, 2004-
96, 2006 -1, 2007 -1, 2008 -1, 2009 -1, 2010 -14, 2011 -2, 2012 -2, and 2013 -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
2014 DESIGNATED EMPLOYEES LIST
January 14, 2014
Page 4
Employees List should be updated to reflect these changes. The 2014 Designated
Employees List, which reflects staffing changes during 2013, is attached hereto as Exhibit 1.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Newport
Beach, California, as follows:
1. The Regulations as required by Section 18730 are incorporated by reference.
2. Exhibit 1 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.
3. Exhibit 2 outlines the Appendix of Disclosure Categories.
4. All designated employees shall file Statements of Economic Interest with the
City Clerk.
5. 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.
6. Exhibit 1 shall be appended to the Newport Beach Conflict of Interest Code and
all previously adopted Designated Employees Lists are hereby superseded.
ADOPTED this 14th day of January, 2014.
Rush N. Hill, II
Mayor
ATTEST:
Leilani I. Brown
City Clerk
2014 DESIGNATED EMPLOYEES LIST
January 14, 2014
Page 5
WMINUM
2014 APPENDIX OF DESIGNATED POSITIONS
Disclosure
Categories
Office of the City Attorney
Assistant City Attorney
Deputy City Attorney
Office of the City Clerk
City Clerk
Deputy City Clerk
Office of the City Manager
Assistant City Manager
Deputy City Manager /Human Resources Director
Assistant to the City Manager /IT Manager
Public Information Manager
Communitv Development Deoartment
Community Development Director
1
Deputy Community Development Director
1
Systems Administrator Manager
2
Administrative Analyst
2
Building Division:
Building Manager
1
Real Property Administrator
1
Chief Building Inspector
3,4
Senior Plan Check Engineer
3,4
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
Planning Technician
3,4
Code Enforcement Supervisor
3,4
Code and Water Quality Enforcement Officer
3,4
Code and Water Quality Enforcement Trainee
3,4
2014 DESIGNATED EMPLOYEES LIST
Finance Department
Deputy Finance Director
Revenue Manager
Senior Buyer
Buyer
Fire Department
Fire Chief
Assistant Fire Chief
Assistant Chief of Lifeguard Operations
Administrative Analyst
Fire Prevention Officer
Fire Prevention Specialist
EMS Coordinator
Human Resources Department
Human Resources /Risk Management Administrator
Human Resources Supervisor
Library Services Department
Library Services Director
Library Services Manager /Technical Processing Coordinator
Support Services Coordinator (Librarian III)
Branch and Youth Services Coordinator (Librarian III)
Cultural Arts Coordinator
Library Information Systems Coordinator
Adult Services Coordinator and Reference Supervisor (Librarian III)
Municipal Operations Department
Municipal Operations Director
Deputy Municipal Operations Director
General Manager
Equipment Maintenance Superintendent
Equipment Maintenance Supervisor
Field Maintenance Superintendent
Operations Support Superintendent
Parks and Trees Maintenance Superintendent
Refuse Superintendent
Auto Parts Buyer
Water Production Supervisor
Utilities Supervisor
Administrative Analyst
January 14, 2014
Page 6
1
2,3
2
2
2
3,4
3,4
2
2
1
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2014 DESIGNATED EMPLOYEES LIST
Police Department
Chief of Police
Deputy Chief of Police
Captain
Executive Officer to the Chief of Police
Support Services Lieutenant
Police Fiscal Service /Facility Manager
Support Services Administrator
Public Works Department
Director of Public Works
Deputy Director of Public Works /City Engineer
Administrative Manager
Assistant City Engineer
City Traffic Engineer
Principal Civil Engineer
Senior Civil Engineer
Senior Civil Engineer -Plan Check
Associate Civil Engineer
Associate Civil Engineer -Plan Check
Senior Public Works Inspector
Construction Supervisor
City Surveyor
Engineering Technician
Manager, Harbor Resources Division
Supervisor, Harbor Resources Division
Code and Water Quality Enforcement Division Manager
Water Conservation Coordinator
Recreation and Senior Services Department
Recreation and Senior Services Director
Recreation Superintendent
Recreation Manager
Senior Services Manager
Boards and Commissions
Board of Library Trustees
Building and Fire Board of Appeals
City Arts Commission
Civil Service Board
Harbor Commission
Parks. Beaches and Recreation Commission
January 14, 2014
Page 7
1
2,3
2
2
2
2
2, 3, 4
2
2
2, 3, 4
2
3,4
3,4
3,4
3,4
3,4
3, 4
3, 4
3,4
2
2
2
3,4
Consultants`
2014 DESIGNATED EMPLOYEES LIST
January 14, 2014
Page 8
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.
2014 DESIGNATED EMPLOYEES LIST
January 14, 2014
Page 9
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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 within Newport Beach.
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:
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.
2014 DESIGNATED EMPLOYEES LIST
January 14, 2014
Page 10
'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.