Newport councilman cleared in complaint over jetpack vote

State authorities have declined to pursue a complaint alleging that Newport Beach Councilman Brad Avery had a conflict of interest when he voted to ban water jetpack use from Newport Harbor.

Local activist and former council candidate Mike Glenn had argued in his filing with the California Fair Political Practices Commission that Avery should have recused himself from the Feb. 14 vote by the City Council because of his day job as director of marine programs for Orange Coast College.

The Costa Mesa college has a waterfront School of Sailing and Seamanship in Newport Beach’s Mariners’ Mile that offers boat rentals and various marine classes.

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Glenn contended that Avery’s vote was improper because jetpack operations share the limited space in the harbor with boats that Avery is paid to promote and operate.

The FPPC disagreed.

Citing state law, Galena West, chief of the FPPC’s enforcement division, said Avery’s own financial interest did not apply in this situation because he is a public employee of a local governmental agency.

“In addition,” West said in a letter dated Monday and sent to Glenn, “there was insufficient evidence presented that Mr. Avery had a financial interest in any business entity that would have been affected by his decision.”

Avery said in an email that he is pleased with the decision, adding that it’s “nice to have this behind me.”

Glenn acknowledged Monday on his website, SaveNewport.com, that Avery was cleared by the FPPC.

“This clears Avery to vote on virtually all harbor matters moving forward without the threat of a conflict of interest case being brought against him,” Glenn wrote. “But the fact that this exemption exists to begin with is — frankly — horrifying. This seems logically inconsistent with very severe long-term consequences. But that is nothing new to government, I suppose.

“Congratulations to Brad on this ruling.”

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Bradley Zint, bradley.zint@latimes.com

Twitter: @BradleyZint