The URL can be used to link to this page

Home My WebLink About04 - Designated Employees - Conflict of Interest CodeCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 4 January 10, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Clerk's Department LaVonne M. Harkless, City Clerk 949 - 644 -3005 Iharkless @city.newport- beach.ca.us SUBJECT: RESOLUTION UPDATING THE LIST OF DESIGNATED EMPLOYEES FOR 2006 UNDER THE CITY'S CONFLICT OF INTEREST CODE RECOMMENDATION: Adopt Resolution No. 2006 - adopting the 2006 Designated Employees List. DISCUSSION: 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: 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. 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 Designated Employee List January 10, 2006 Page 2 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 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. Environmental Review: N/A Submitted by: i1Y�fi.'Ll 4� LaVonne M. Harkless, City Clerk Attachments: Appendix of Disclosure Categories Resolution No. 2006- 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. 2. 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. 3. 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. 4. 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. 5. 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. H: \FPPC \2006 \Conflict of Interest Code\APPENDIX OF DISCLOSURE CATEGORIES 2006.doc RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADOPTING AN UPDATED DESIGNATED EMPLOYEES LIST FOR 2006 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, 98 -12, 99 -1, 2000 -12, 2000 -99, 2002 -08, 2002 -86, 2003 -64 and 2004 -96 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 Employees List should be updated to reflect these changes. The 2006 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 I 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. 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 I Oth day of January, 2006. '.Mayor ATTEST: City Clerk H ARPC\2006 \Conflict of Interest Code \Resolution - Designated Employees 1- 10- 06.doc EXHIBIT °`A" 2006 APPENDIX OF DESIGNATED POSITIONS Citv Clerk Assigned Disclosure Categories City Clerk 1 Office of the City Manager Assistant City Manager Deputy City Manager 1 Public Information Officer 2 Manager, Harbor Resources Division I Supervisor, Harbor Resources Division 3,4 Code & Water Quality Enforcement Division Manager 3,4 Code & Water Quality Enforcement Officer 3,4 Watershed & Water Quality Specialist 3,4 Human Resources Department Human Resources Director 1 Human Resources Operations :Manager 2 Risk ;Manager 1 Office of the City Attornev Assistant City Attorney I Deputy City Attorney 1 Contract Attorney (part-time) l Administrative Services Department Fiscal Services Manager 2,5 MIS Manager 2 Revenue Manager 2,3 Accounting' Manager 2,3 Senior Buyer 2 Buyer 2 Fire Department Fire Chief 1 Fiscal & Information Services Manager 2 Deputy Chief, Operations 2 Fire Marshal 2, 3, 4 Deputy Fire Marshal 3, 4 Fire Prevention Specialist 3,4 Fire Captain, Administration 2 Fire Facilities & Supply Coordinator 2 EMS Coordinator 2 Fire Prevention Specialist Plan Check, Non- Safety 3,4 Fire Division Chief 2 H:\FPPC\2006 \Conflict of Interest Code \Resolution - Designated Employees 1- 10- 06.doc 2005 APPENDIX OF DESIGNATED POSITIONS Assigned Disclosure Categories Library Services Department Library Services Director Assistant City Librarian Public Services Manager (Librarian IV) Support Services Coordinator (Librarian III) Collection Development Coordinator (Librarian III) Branch, Youth Services & Circulation Coordinator (Librarian III) Branch/Training Supervisor (Librarian III) Cultural Arts Coordinator Library Information Systems Coordinator Reference & Training Coordinator General Services Department General Services Director Deputy General Services Director Equipment Maintenance Superintendent Equipment Maintenance Supervisor Urban Forester Field Maintenance Superintendent Concrete Maintenance Supervisor Street Maintenance Supervisor Beach Maintenance Supervisor Operations Support Superintendent Facilities Maintenance Supervisor Parks and Trees Maintenance Superintendent Parks Maintenance Supervisor Refuse Superintendent Refuse Supervisor Auto Parts Buyer Administrative Analyst Stomi Drain/Street Sweeping Supervisor Planning Department Planning Director Senior Planner 3,4 Associate Planner 3,4 Assistant Planner 3,4 Planning Technician 3,4 Building Department Building Director Chief Building Inspector 3,4 Deputy Building Official 3,4 Civil Engineer 3,4 Associate Civil Engineer 3,4 Principal Building Inspector 3,4 Senior Building Inspector 3,4 H:IFPPC\20061Conllict of Interest CodelResolution- Designated Employees 1- 10- 06.doc 2005 APPENDIX OF DESIGNATED POSITIONS Building Department (contd.)t Building Inspector II Building Inspector I Subtrade Plans Examiner Police Department Chief of Police Captain Support Services Lieutenant Police Fiscal Service /Facility Manager Lieutenant/Legal Advisor Public Works Department Director of Public Works City Engineer /Engineering Services Manager Transportation & Dev. Services Manager Administrative Manager Principal Civil Engineer Associate Engineer Junior Engineer (Plan Check) Civil Engineer Associate Engineer (Plan Check) Associate Engineer (Plan Check — Traffic) Utilities Department Utilities Director Utilities Administrative Manager Utilities Operation Manager y Recreation & Senior Services Department Recreation & Senior Services Director Recreation Manager Senior Services Manager Recreation Superintendent Boards /Commissions Board of Library Trustees City Arts Commission Parks, Beaches and Recreation Commission Civil Service Board Harbor Conunission R: \FP900006',CmMet V Interest Code%Resolution- Designated Employees 1- 10.06.doc Assigned Disclosure Categories 3, 4 3, 4 3,4 1 2,3 2 2 2.3 1 1 1 1 3,4 3,4 1 3,4 3,4 1 1 1 1 2 2 2 2 2 4 3 3, 4 2005 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 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. H: IRK'0006Tonflict of Interest Code \Resolution- Designated Employees I- 10- 06.doc