HomeMy WebLinkAbout04 - Updating the List of Designated Employees for 2016 Under the City's Conflict of Interest CodeQ SEW PART
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TO:
FROM:
CITY OF
NEWPORT BEACH
City Council Staff Report
January 12, 2016
Agenda Item No. 4
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Leilani I. Brown, City Clerk - 949-644-3005,
1brown@newportbeachca.gov
PREPARED BY: Leilani I. Brown, City Clerk
TITLE: Resolution Updating the List of Designated Employees for
2016 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. 2016-1, A Resolution of the City Council of the City of Newport
Beach, California, Adopting an Updated Designated Employees List for 2016.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
The City's Conflict of Interest Code was first adopted in 1977 in response to the
enactment of the 1974 Political Reform Act ("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 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 lists the designated positions within the agency and
the corresponding disclosure categories for each position.
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Mayor Appointments to Committees
January 12, 2016
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Prior to the time the disclosure forms are distributed on an annual basis, the list is
reviewed with the City's 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 directors 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
financial 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.
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).
ATTACHMENT:
Attachment A - Resolution
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ATTACHMENT A
RESOLUTION NO. 2016-1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, ADOPTING AN UPDATED
DESIGNATED EMPLOYEES LIST FOR 2016.
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;
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
("Regulations");
WHEREAS, Section 18730 of the Regulations provides that incorporation by reference
of the terms of Section 18730, along with the designation of employees ("Designated
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;
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, 2013-1, 2014-1, and 2015-2
amending the list of Designated Employees. Since the adoption of these resolutions, there
have been further personnel changes and, therefore, the City Council has determined that
the City's Designated Employees List should be updated to reflect these changes. The 2016
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Resolution No. 2016-1
Page 2 of 8
Designated Employees List, which reflects staffing changes during 2015, is attached hereto
as Exhibit 1 and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Newport
Beach, California, as follows:
Section 1: The Regulations as required by Section 18730 are incorporated by
reference.
Section 2: Exhibit 1 sets forth designated employees and disclosure categories and
is hereby adopted and incorporated as part of the City of Newport Beach's Conflict of Interest
Code.
Section 3: Exhibit 1 shall be appended to the Newport Beach Conflict of Interest
Code and all previously adopted Designated Employees Lists are hereby superseded.
Section 4: Exhibit 2, attached hereto and incorporated by reference, outlines the
Appendix of Disclosure Categories for each of the Designated Employees.
Section 5: All Designated Employees and other persons listed in Exhibit 1 shall file
Statements of Economic Interest with the City Clerk.
Section 6: 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.
Section 7: The City Council finds 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.
Resolution No. 2016-1
Page 3 of 8
Section 8: The Recitals provided above are true and correct and are incorporated
into the substantive portion of this resolution.
Section 9: If any section, subsection, sentence, clause or phrase of this resolution
is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of the remaining portions of this resolution. The City Council
hereby declares that it would have passed this resolution, and each section, subsection,
sentence, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Section 10: This resolution shall take effect immediately upon its adoption by the City
Council and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 12" day of January, 2016.
Diane B. Dixon
Mayor
ATTEST:
Leilani I. Brown
City Clerk
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Resolution No. 2016-1
Page 4 of 8
EXHIBIT 1
2016 APPENDIX OF DESIGNATED POSITIONS
Disclosure
Categories
City Council GC 87200
Office of the City Attorney
City Attorney GC 87200
Assistant City Attorney 1
Deputy City Attorney 1
Office of the City Clerk
City Clerk 1
Deputy City Clerk 1
Office of the Citv Manaaer
City Manager GC 87200
Assistant City Manager 1
Assistant to the City Manager 1
IT Manager 1
Public Information Manager 1
Administrative Analyst 2
Communitv Development Department
Community Development Director
1
Deputy Community Development Director
1
Systems Administrator Manager
2
Administrative Analyst
2
Building Division:
Real Property Administrator
1
Senior 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
3,4
Assistant Planner
2, 3, 4
Resolution No. 2016-1
Page 5 of 8
Disclosure
Categories
Communitv Development Department - continued
Planning Technician 3,4
Code Enforcement Supervisor 3,4
Senior Code Enforcement Officer 3,4
Code Enforcement Officer 3,4
Code Enforcement Officer Trainee 3,4
Finance Department
Finance Director/City Treasurer GC 87200
Deputy Finance Director 1
Revenue Manager 2,3
Budget Manager 2
Purchasing Agent 2
Buyer 2
Fire Department
Fire Chief
1
Assistant Fire Chief
1
Assistant Fire Chief of Lifeguard Operations
1
EMS Division Chief
1
Administrative Manager
2
Administrative Analyst
2
Life Safety Specialist III
3,4
Life Safety Specialist II
3,4
Fire Facilities Coordinator
2
Human Resources Department
Human Resources Director 1
Human Resources Manager 2
Library Services Department
Library Services Director 1
Library Services Manager 2
Support Services Coordinator (Librarian III) 2
Branch and Youth Services Coordinator (Librarian III) 2
Library Information Systems Coordinator 2
Adult Services Coordinator and Reference Supervisor (Librarian III) 2
Municipal Operations Department
Municipal Operations Director 1
Facilities Equipment Manager 2
Equipment Maintenance Superintendent 2
Equipment Maintenance Supervisor 2
Field Maintenance Superintendent 2
Operations Support Superintendent 2
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Resolution No. 2016-1
Page 6 of 8
Disclosure
Categories
Municipal Operations Department - continued
Parks and Trees Maintenance Superintendent 2
Senior Management Analyst 2
Automotive Parts Buyer 2
Field Superintendent 2
Administrative Manager 2
Police Department
Chief of Police 1
Deputy Chief of Police 1
Executive Officer to the Chief of Police 2
Support Services Lieutenant 2
Police Fiscal Service/Facility Manager 2
Support Services Administrator 1
Public Works Department
Director of Public Works
1
Deputy Director of Public Works/City Engineer
1
Public Works Finance/Administrative Manager
1
Assistant City Engineer
2, 3,4
City Traffic Engineer
2, 3, 4
Principal Civil Engineer
2, 3, 4
Senior Civil Engineer
2,3
Senior Civil Engineer -Plan Check
3,4
Associate Civil Engineer
2
Associate Civil Engineer -Plan Check
3,4
Senior Public Works Inspector
2, 3, 4
Construction Supervisor
2, 3, 4
City Surveyor
3, 4
Engineering Technician
3,4
Harbor Resources Division Manager
1
Harbor Resources Division Supervisor
2, 3, 4
Senior Engineer
2, 3,4
Water Conservation Coordinator
3, 4
Recreation and Senior Services Department
Recreation and Senior Services Director 1
Deputy Recreation and Senior Services Director 2
Recreation Manager 2
Senior Services Manager 2
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
Planning Commission
Consultants
Resolution No. 2016-1
Page 7 of 8
Disclosure
Cateqories
2
2
2
3
3,4
4
GC 87200
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 No. 2016-1
Page 8 of 8
1*:1:11:119PA
APPENDIX OF DISCLOSURE CATEGORIES
CATEGORY
DESCRIPTIONOF 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, but is then sent 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.
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