Harbor Commission’s conflicts listed

June Casagrande

It’s no surprise that every one of the seven members of the city’s

Harbor Commission has an economic interest in the harbor. What’s

surprising is that, after consulting an expert in the field, the

commission will still have a quorum to vote on measures affecting

charter boat operators and fire code violators in the harbor.

Hired counsel Dana Reed last week gave commissioners a crash

course in avoiding conflicts of interest and compiled a list of each

commissioner’s economic interests in the harbor.

“The commission was provided a little more information and detail

on what their responsibilities are and how to determine whether or

not they have a conflict,” Assistant City Atty. Robin Clauson said.

But, in the end, the commissioners will decide whether or not they

should recuse themselves from voting on issues close to home. For

example, Commissioner Ralph Rodheim decided to recuse himself from

voting on the fire code matter not because he believes he has a

conflict, but because he wants to avoid the appearance of any

conflict, Rodheim said.

“Our boat rental business in fact does meet all the fire codes, so

I don’t believe there would be any conflict,” Rodheim said.

Rodheim owns and is president of Boat Rentals of America

Inc./Balboa Boat Rentals.

In February, the fire marshal reported that perhaps half the

commercial boats in Newport Harbor are in violation of city fire

codes. The codes require the boats to be docked in such a way that,

if one caught on fire, someone could quickly move it away from other

boats and structures.

To tackle this problem, the commission was considering a vote to

send gentle warnings to violators. But the matter was removed from

the agenda last month after City Atty. Bob Burnham recommended that

the city consider whether commissioners had conflicts of interest.

After hearing a primer on the matter, commissioners Rodheim,

Paulette Pappas and Marshall Duffield all decided to recuse

themselves on the fire code issue. The other commissioners all

decided to vote on the matter.

Commissioner Tim Collins, who might have conflicts on some issues

because he is an equity member of the Newport Harbor Yacht Club, said

he didn’t believe that this constituted a conflict on fire codes.

“We appreciate the city attorney looking out for us like this, but

on the other hand, it’s frustrating because we were brought together

for our experience and expertise on the harbor,” Collins said.

The commission will also have a quorum to vote on ways to rein in

charter boats that some city leaders believe have become too numerous

in Newport. Pappas and Duffield have recused themselves on that

matter. The other commissioners have decided to vote on it.

Assistant City Manager Dave Kiff said that if ever a majority of

commissioners has a conflict on any issue, the City Council might

step in to make the decision.

“We’ll continue to move forward with the Harbor Commission’s task

list, and the staff will continue to be aware of issues that may have

conflicts,” Kiff said.

The task list contains items the commission plans to rule on in

future meetings.