Hotel: Capt. took gifts

Newport Beach Police Capt. Jim Kaminsky received more than $1,200 in free rooms, vouchers and meals from the Island Hotel in 2007-08, possibly exceeding limits that the state sets for public employees and the city sets for police officers, according to a letter from the hotel reviewed Friday by the Daily Pilot.

In the letter dated June 29, 2009, which the Pilot obtained using the California Public Records Act, hotel Managing Director Richard Evanich asks Kaminsky to reimburse the Newport Center hotel $460.90, which is how much apparently exceeded state limits over the two-year period.

Gift limits for employees at Kaminsky’s level were limited to $390 a year in 2007 and 2008, according to the California Fair Political Practices Commission, which monitors gifts to public employees.

In the letter, the hotel manager writes, “...we have found records that indicate that the Island Hotel provided you with accommodations, meals and spa benefits that exceed California’s gift law limits ... ”

Newport Beach’s internal policy for police officers states that “whether on or off duty, employees shall pay posted prices for food, beverages or any other services. Discounts will not be accepted nor solicited by any person where his or her official position is used to effect same.”

The policy also prohibits department personnel from accepting money, food, services, entertainment or any other consideration. Violations of the policy may lead to discipline, including termination.

Kaminsky was placed on administrative leave this week, but the Police Department declined to give a reason. His attorney, Gregory Petersen, said Kaminsky announced his retirement before being put on leave.

It remained unclear Friday whether the captain’s suspension had anything to do with reportedly accepting gifts from the hotel.

On Feb. 17, 2007, Kaminsky was given a complimentary hotel room valued at $425, Evanich wrote in the letter addressed to Kaminsky and copied to the city clerk. That same year he also was given a gift certificate for another room.

On May 3, 2008, Kaminsky used the gift certificate for a one-night stay valued at $450, according to the letter. The Island Hotel also gave him two spa passes, each worth $140.

Evanich wrote that on Nov. 5, 2008, he treated Kaminsky to dinner at the Ritz Restaurant, also at Newport Center, with Kaminsky’s share totaling $85.80. In all, Kaminsky received $815.90 in gifts in 2008, which is $425.90 above the gift limit, Evanich wrote in his letter.

Although the letter requests $460.90, the total value of the gifts listed adds up to $460.80.

As a police captain, Kaminsky is required by the state to report gifts and gratuities on the FPPC’s Form 700, which the Daily Pilot reviewed Friday. Records show that from May 13, 2007, to Dec. 31, 2008, Kaminsky reported he received no gifts or gratuities.

Petersen blamed the discrepancy on the city attorney’s office.

“The extent that you notice any discrepancies you should look at as a uniform, systemic problem in the city,” Petersen said. “Anything that would be in the Form 700 comes as a result of the city attorney’s conduct.”

The city attorney’s office, which oversees state disclosure forms, did not return calls for comment. City Atty. David Hunt last month was put on paid leave after his arrest on suspicion of felony spousal abuse.

Petersen criticized city employees who revealed that Kaminsky was put on leave, which the Pilot reported online Thursday night and in print Friday, and that there is an internal investigation into his client’s conduct.

“I’m offended that I find an article in the paper where people who are sworn to keep secrets because it’s the law are making statements and hiding behind anonymity,” Petersen said. “As a citizen I am offended. Police officers are charged with keeping secrets about a lot of things. If you betray that trust, it’s fundamentally wrong. That’s what these people are doing. But I’m looking for them.”