FPPC probes officer gifts

The state Fair Political Practices Commission said Wednesday that it is investigating possibly undisclosed gifts and gratuities accepted by a Newport Beach police captain in 2007-08.

The probe was triggered by an April 3 Daily Pilot article, which reported that the Island Hotel at Newport Center sent Capt. Jim Kaminsky and the city a letter stating that the hotel had provided him with more than $1,200 worth of rooms, meals and gifts over two years.

The hotel added that Kaminsky did not report them on state-mandated disclosure forms required of many public officials, said Roman Porter, the FPPC’s executive director.

Kaminsky is one of several designated employees in the Newport Beach Police Department required to file with the city a Form 700, which lists outside income, gifts, gratuities and investments of more than $50 from the last year.

Records show that in 2007-08, Kaminsky reported receiving no gifts or gratuities. However, a letter from the Island Hotel dated June 29, 2009, to Kaminsky and the city clerk, states that he received free rooms, spa vouchers and a free meal over a two-year period.

State law, but not city policy, permits employees to receive up to $390 of gifts in one year. The Island Hotel was asking him to reimburse it for the total that his gifts exceeded the state limits, about $490.

Kaminsky was put on leave by the department last week and has not returned calls for comment. City Hall and the Police Department have not stated why he was suspended from work.

Kaminsky could face fines if the FPPC finds that he violated reporting requirements, Roman said.

If investigators discover violations, they may look at similar incidents in the state to determine how much to fine him; more likely, however, they will work out a financial settlement, Roman said.

Kaminsky’s state disclosure form for 2009, which the Pilot reviewed this week, showed no gifts or gratuities.