Loading...
HomeMy WebLinkAbout04 - Designated Employee List� ?EW P�R O '' 6 U S C9C�FORH�P TO: CITY OF NEWPORT BEACH City Council Staff Report Agenda Item No. 4 January 10, 2012 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Clerk's Office Leilani I. Brown, MMC, City Clerk 949 - 644 -3005, Ibrown(cDnewoortbeachca.gov PREPARED BY: Leilani I. Brown, City Clerk APPROVED:, A RESOLUTION UPDATING THE LIST OF DESIGNATED TITLE: EMPLOYEES FOR 2012 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. 2012 -2 adopting the 2012 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. RESOLUTION UPDATING THE LIST OF DESIGNATED EMPLOYEES FOR 2012 UNDER THE CITY'S CONFLICT OF INTEREST CODE January 10, 2012 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 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. 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. 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: Lk*L �, Leilani I. Brown City Clerk Attachment: Resolution No. 2012 -2 adopting an updated Designated Employees List for 2012 RESOLUTION UPDATING THE LIST OF DESIGNATED EMPLOYEES FOR 2012 UNDER THE CITY'S CONFLICT OF INTEREST CODE January 10, 2012 Page 3 RESOLUTION NO. 2012 -2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADOPTING AN UPDATED DESIGNATED EMPLOYEES LIST FOR 2012. 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, 2004- 96, 2006 -1, 2007 -1, 2008 -1, 2009 -1, 2010 -14, and 2011 -2 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 RESOLUTION UPDATING THE LIST OF DESIGNATED EMPLOYEES FOR 2012 UNDER THE CITY'S CONFLICT OF INTEREST CODE January 10, 2012 Page 4 List should be updated to reflect these changes. The 2012 Designated Employees List, which reflects staffing changes during 2011, 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. Attached is Exhibit 1 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. 3. Exhibit 2 is also attached which 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 10th day of January, 2012. Nancy Gardner Mayor ATTEST: Leilani I. Brown City Clerk RESOLUTION UPDATING THE LIST OF DESIGNATED EMPLOYEES FOR 2012 UNDER THE CITY'S CONFLICT OF INTEREST CODE January 10, 2012 Page 5 EXHIBIT 1 2012 APPENDIX OF DESIGNATED POSITIONS Assigned Disclosure Categories Office of the City Attorney Assistant City Attorney Deputy City Attorney Office of the City Clerk City Clerk Office of the City Manager Assistant City Manager Assistant to the City Manager Public Information Manager Communitv Development Department Community Development Director 1 Deputy Community Development Director 1 Systems Administrator Manager 2 Administrative Analyst 2 Building Division: Building Manager 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 RBF 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 RESOLUTION UPDATING THE LIST OF DESIGNATED EMPLOYEES FOR 2012 UNDER THE CITY'S CONFLICT OF INTEREST CODE January 10, 2012 Page 6 Finance Department Deputy Finance Director 1 Revenue Manager 2,3 Senior Buyer 2 Buyer 2 Fire Department Fire Chief 1 Assistant Chief of Lifeguard Operations 2 Administrative Analyst 2 Fire Marshal 2, 3, 4 Fire Prevention Officer 3,4 EMS Coordinator 2 Human Resources Department Human Resources Director 1 Human Resources /Risk Management Administrator 1 Human Resources Supervisor 2 Library Services Department Library Services Director 1 Library Services Manager /Circulation and Technical Processing Coordinator (Librarian IV) 2 Support Services Coordinator (Librarian III) 2 Branch and Youth Services Coordinator (Librarian III) 2 Cultural Arts Coordinator 2 Library Information Systems Coordinator 2 Web Services Coordinator and Reference Supervisor (Librarian III) 2 Municipal Operations Department Municipal Operations Director 1 Deputy Municipal Operations Director 2 General Manager 1 Operation Manager 2 Equipment Maintenance Supt. 2 Equipment Maintenance Supervisor 2 Field Maintenance Superintendent 2 Operations Support Superintendent 2 Parks and Trees Maintenance Superintendent 2 Refuse Superintendent 2 Auto Parts Buyer 2 Administrative Analyst 2 RESOLUTION UPDATING THE LIST OF DESIGNATED EMPLOYEES FOR 2012 UNDER THE CITY'S CONFLICT OF INTEREST CODE January 10, 2012 Page 7 Police Department Chief of Police 1 Captain 2,3 Support Services Lieutenant 2 Police Fiscal Service /Facility Manager 2 Public Works Department Director of Public Works 1 Deputy Director of Public Works /City Engineer 1 Administrative Manager 1 Assistant City Engineer 2 City Traffic Engineer 2, 3, 4 Principal Civil Engineer 2 Senior Civil Engineer 2 Senior Civil Engineer -Plan Check 2, 3, 4 Associate Civil Engineer 2 Associate Civil Engineer -Plan Check 3,4 City Surveyor 3,4 Engineering Technician 3,4 Manager, Harbor Resources Division 1 Supervisor, Harbor Resources Division 3,4 Code and Water Quality Enforcement Division Manager 3,4 Water Conservation Coordinator 3,4 Recreation and Senior Services Department Recreation and Senior Services Director 1 Recreation Superintendent 2 Recreation Manager 2 Senior Services Manager 2 Boards and Commissions Board of Library Trustees 2 City Arts Commission 2 Civil Service Board 3 Harbor Commission 3,4 Parks, Beaches and Recreation Commission 4 RESOLUTION UPDATING THE LIST OF DESIGNATED EMPLOYEES FOR 2012 UNDER THE CITY'S CONFLICT OF INTEREST CODE January 10, 2012 Page 8 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. RESOLUTION UPDATING THE LIST OF DESIGNATED EMPLOYEES FOR 2012 UNDER THE CITY'S CONFLICT OF INTEREST CODE January 10, 2012 Page 9 EXHIBIT 2 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. RESOLUTION UPDATING THE LIST OF DESIGNATED EMPLOYEES FOR 2012 UNDER THE CITY'S CONFLICT OF INTEREST CODE January 10, 2012 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.