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HomeMy WebLinkAbout05 - Resolution Updating the List of Designated Employees for 1999 Under the City's Conflict of Interest CodeJanuary 11, 1999 Agenda Item No. 5 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK TO: Honorable Mayor and Members of City Council FROM: LaVonne M. Harkless, City Clerk DATE: January 11, 1999 SUBJECT: RESOLUTION UPDATING THE LIST OF DESIGNATED EMPLOYEES FOR 1999 UNDER THE CITY'S CONFLICT OF INTEREST CODE RECOMMENDATION It is recommended that the City Council adopt Resolution No. 99 -_ adopting the 1999 Designated Employees List. 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: 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 determined in cooperation with the department heads by evaluating each position to determine their job duties and corresponding disclosure categories. The changes to the list are indicated by the use of bolding, italics and strike -outs. 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 January 11, 1999 Page Two 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. 141d u, all j LaVonne M. Harkless, City Clerk Attachments: 1999 Appendix of Designated Positions (with changes) Appendix of Disclosure Categories Resolution No. 99- F:\ Users\ CLK\LHarkless\FPPC\1999\Confintl - 11- 99memo.doc 1999 APPENDIX OF DESIGNATED POSITIONS Office of the City Clerk City Clerk Office of the City Manager Assistant to the City Manager Office of the City Attorney Assistant City Attorney Deputy City Attorney Deputy City Manager Administrative Services Department Fiscal Services Manager MIS Manager Revenue Manager Human Resources Manager Accounting Manager Risk Manager Warehouse Manager/Buyer Buyer Fire/Marine Department Fire/Marine Chief Fiscal & Information Services Manager Deputy Chief, Operations Deputy Chief, Marine Fire Marshal Deputy Fire Marshal Fire Prevention Specialist Harbor Inspector Fire Captain, Administration Fire/Marine Facilities & Supply Coordinator EMS Coordinator 1 of 4 Assigned Disclosure Categories 2,5 2 2,3 5 2,3 5 2 2 1 1 1 1 1 3,4 3,4 3,4 2 2 2 1999 APPENDIX OF DESIGNATED POSITIONS Assigned Disclosure Categories Community Services Community Services Director/Librarian Assistant City Librarian Information Services Manager 2 Circulation & Automation Manager 2 Collection Department Manager 2 Recreation Managers 2 Youth and Branch Services Manager 2 Senior Recreational Manager 2 Senior Services Manager 2 Arts & Cultural Services Manager 2 General Services General Services Director Deputy General Services Director 2 Equipment Maintenance Superintendent 2 Urban Forester 2 Field Operations Superintendent 2 Refuse Superintendent 2 Concrete /Storm Drain Supervisor 2 Street Maintenance Supervisor 2 Beach Maintenance Supervisor 2 Operations Support Supervisor 2 Building Maintenance Supervisor 2 Equipment Maintenance Supervisor 2 Park and Tree Maintenance Superintendent 2 Park Maintenance Supervisor 2 Refuse Supervisor 2 Planning and Building Department Assistant City Manager -Comm. & Economic Dev. 1 Building Director 1 Chief Building Inspector 3,4 Chief Plan Check Engineer 3,4 Civil Engineer 3,4 Civil Engineer 3,4 (Member Modifications Committee) Planning Director 1 2of4 1999 APPENDIX OF DESIGNATED POSITIONS Assigned Disclosure Categories Planning and Building Department (contd.) plincipal sanne Senior Planners 3,4 Associate Planners 3,4 Associate Planners 3,4 (Member Modifications Committee) Building Inspectors 3,4 Code Enforcement Supervisor (Planning) 3,4 Senior Code Enforcement Officer 3,4 Code Enforcement Officer 3,4 Police Department Chief of Police 1 Captains 2,3 Support Services Lieutenant 2 Police Fiscal Service/Facility Manager 2 Public Works Department Director of Public Works/E-fty Engineer City Engineer/Engineering Services Manager Utilities Services Manager Transportation & Dev. Services Mgr. Administrative Manager Management Analyst Principal Civil Engineers Senior Civil Engineers 1 Associate Civil Engineer 3,4 (Member Modifications Committee) C-onsti-detion Enginzei Utilities Superintendent Utilities Superintendent Boards /Commissions Board of Library Trustees 2 City Arts Commission 2 Parks, Beaches and Recreation Commission 4 Civil Service Board 3 3of4 1999 APPENDIX OF DESIGNATED POSITIONS Assigned Disclosure Categories 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. Ihark1ess /fppc /1999/ResDesList I A I -99 4of4 1. 3, 4. 61 APPENDIX OF DISCLOSURE CATEGORIES 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. 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. 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. 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. 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. F:\ Users \CLK \LHarkless \FPPC \1999 \APPENDIX OF DISCLOSURE CATEGORIES.doc RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADOPTING AN UPDATED DESIGNATED EMPLOYEES LIST FOR 1999 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 II, 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 and 98 -12 amending the list of designated employees as well as adding the appointed members of the City Charter Boards and Commissions to the City's Conflict of Interest Code. 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 1999 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 action 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 11 th day of January, 1999. Mayor ATTEST: City Clerk F: \Users \CLK\LHarkless \FPPC\1999 \Resolution- DesEmp I -I 1- 99.doc EXHIBIT "A" 1999 APPENDIX OF DESIGNATED POSITIONS Assigned Disclosure Categories Office of the Citv Clerk City Clerk 1 Office of the Citv Manager Assistant to the City Manager 1 Office of the City Attornev Assistant City Attorney 1 Deputy City Attorney 1 Deputy City Manager 1 Administrative Services Department Fiscal Services Manager 2,5 MIS Manager 2 Revenue Manager 2,3 Human Resources Manager 5 Accounting Manager 2,3 Risk Manager 5 Warehouse Manager/Buyer 2 Buyer 2 Fire/Marine Department Fire/Marine Chief 1 Fiscal & Information Services Manager 1 Deputy Chief, Operations 1 Deputy Chief, Marine 1 Fire Marshal 1 Deputy Fire Marshal 3, 4 Fire Prevention Specialist 3,4 Harbor Inspector 3,4 Fire Captain, Administration 2 Fire/Marine Facilities & Supply Coordinator 2 EMS Coordinator 2 Communitv Services Community Services Director/Librarian 1 Assistant City Librarian 1 Information Services Manager 2 Circulation & Automation Manager 2 F: \Users \CLK\LHarkless \FPPC\1999 \Resolution -De Emp I- 11- 99.doc 1999 APPENDIX OF DESIGNATED POSITIONS Assigned Disclosure Categories Communitv Services (contd.) Collection Department Manager Recreation Managers Youth and Branch Services Manager Senior Recreational Manager Senior Services Manager Arts & Cultural Services Manager General Services General Services Director 1 Deputy General Services Director 2 Equipment Maintenance Superintendent 2 Urban Forester 2 Field Operations Superintendent 2 Refuse Superintendent 2 Concrete /Storm Drain Supervisor 2 Street Maintenance Supervisor 2 Beach Maintenance Supervisor 2 Operations Support Supervisor 2 Building Maintenance Supervisor 2 Equipment Maintenance Supervisor 2 Park and Tree Maintenance Superintendent 2 Park Maintenance Supervisor 2 Refuse Supervisor 2 Planning and Building Department Assistant City Manager -Comm. & Economic Dev. 1 Building Director 1 Chief Building Inspector 3,4 Chief Plan Check Engineer 3,4 Civil Engineer 3,4 Civil Engineer 3,4 (Member Modifications Committee) Planning Director 1 Senior Planners 3,4 Associate Planners 3,4 Associate Planners 3,4 (Member Modifications Committee) Building Inspectors 3,4 Code Enforcement Supervisor (Planning) 3,4 Senior Code Enforcement Officer 3,4 Code Enforcement Officer 3.4 F:\ Users \CLKLLNarkleas \FPPC\1999 \Resolution -De Empl- I1- 99.doc 1999 APPENDIX OF DESIGNATED POSITIONS Police Department Assigned Disclosure Cate¢ories Chief of Police 1 Captains 2,3 Support Services Lieutenant 2 Police Fiscal Service/Facility Manager 2 Public Works Department Director of Public Works 1 City Engineer/Engineering Services Manager 1 Utilities Manager 1 Transportation & Dev. Services Mgr. 1 Administrative Manager 1 Management Analyst 1 Principal Civil Engineers 1 Senior Civil Engineers 1 Associate Civil Engineer 3,4 (Member Modifications Committee) Utilities Superintendent 1 Utilities Superintendent 1 Boards /Commissions Board of Library Trustees 2 City Arts Commission 2 Parks, Beaches and Recreation Commission 4 Civil Service Board 3 Officials Who Mana¢e 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. F:\Usem\CLK\LHarkless\FPPC\1999\Resolution-DesEmp I - 11- 99.doc 1 1