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HomeMy WebLinkAbout2011-01-19 Board of Ethics Minutes• ACTION MINUTES OF BOARD OF ETHICS MEETING CITY OF CHULA VISTA, CALIFORNIA January 19, 2011 Executive Conference Room 3:35 P.M. Chair Starr called the meeting to order. Roll Call MEMBERS PRESENT: Felicia Starr, Chris Schilling, Anthony Jemison, AI Sotoa (arrived at 3:41 p.m.), Todd Glanz (arrived at 3:40 p.m.), and Norma Toothman. MEMBERS ABSENT: Michael German. ALSO PRESENT: Simon Silva Staff to Board of Ethics, and Cheryl Ponds-Poole, Legal Assistant. 2. Approval of Minutes of August 18, 2010, and October 20, 2010. The August 18, 2010, and October 20, 2010, minutes were tabled to the next meeting • due to lack of quorum of total members present in attendance at the meeting. 3. Introduction of Glen R. Googins, City Attorney. Googins introduced himself to the board members and stated it was an honor to serve in the position as City Attorney for the City of Chula Vista as of December 7, 2010. Googins advised board members something new being tried out is having a digital recording of the meeting made and ultimately made available on the City's website. Googins informed the board that the device had been purchased, had been tested, and was being used to improve transparency and the availability of proceedings for anyone interested in them. 4. Review of November 19, 2010 (received), Complaint re: Chris Schilling. Silva advised the board that in terms of procedure in this case he had a brief presentation in terms of the page of the proceedings the board is on and the recommendation. Silva then asked that the public then be allowed to speak if they chose as under the Brown Act they may participate before or during the item, and then the matter would be opened up for discussion among the board It was MSUC (Sotoa/Jemison) to postpone this matter to the next regularly scheduled meeting. • 5. Review of January 11, 2010 (received), Complaint re: Pat Aguilar. Silva stated it was his understanding was that the nature of the complaint involved Councilmember Aguilar's involvement with regard to Crossroads. Silva advised it was his understanding that Glanz was currently on the board for Crossroads. Glanz replied yes. Silva stated given that fact and in that the complaint involved Councilmember Aguilar's involvement as a board member and that Glanz was currently on the board it was his advice that given the potential for a conflict a recusal might be appropriate for this issue. Silva stated ultimately Glanz had the opportunity to decide. Silva stated his advice was based on the Common Law Doctrine of Conflict of Interest. Glanz questioned if this implied to anybody who was a member of Crossroads as well. Silva advised that based on the complaint Councilmember Aguilar was on the board after she was elected to City Council and deals with her as a board member to Crossroads and a Councilmember. Glanz asked if we were aware who filed the complaint. Silva responded yes, but under the Municipal Code the name of a complainant is not to be released until after a probable cause determination has been made. Further discussion ensued with and Glanz advising he is the Treasurer for Crossroads II, Starr recommending Glanz recuse himself, Silva stating that Glanz could participate as a member of the audience and observe as any other member of the public he would just not be able to participate in action made. Glanz recused himself. • Silva directed the board to 2.28 of the Municipal Code and advised in his review of the criteria the complaint does not show a full allegation of facts that would constitute a violation of the code. The forum was opened up to public comment, but there was none. The matter was then opened up for discussion among the board and it was MSUC (Schilling/Jemison) that there was no violation of the Code and to dismiss the complaint. Silva asked permission of the board to draft a letter to notify the Complainant. Public Comments. Nick Aguilar asked that the City Attorney look at the role of this body, the quasi judicial function, and treating such matters as personnel matter and keeping the name of the party being complained about confidential until probable cause finding. Earl Jentz stated yesterday he put in a Public Records Request to get a copy of the complaint for Pat Aguilar and it was released to him. He was confused because the complaint was given to him, but not to the board members. 6. Members Comments. Jemison advised the board that he would not be present at the next regularly scheduled board meeting. • 2 . German also advised the board that he would not be present at the next regularly scheduled board meeting. 7. Staff Comments. Silva wanted the public to and the board to know that the Complainant's name isn't released just because it's an arbitrary rule, but rather because it's in the code. There were none. ADJOURNMENT AT 4:40 p.m. . ~~-- z~- ~'' ._--~-~` Joyce Malve Recording Secretary L~ • 3