HomeMy WebLinkAbout2010/08/19 Board of Ethics Minutes
ACTION MINUTES OF
BOARD OF ETHICS AD HOC COMMITTEE MEETING
CITY OF CHULA VISTA, CALIFORNIA
19. 2010 Executive Conference Room 4:20 P.M.
Chair Starr called the meeting to order.
Roll Call
MEMBERS PRESENT: Michael German, and Felicia Starr.
MEMBERS ABSENT: AI Sotoa.
It was MSUC (German/Starr) to excuse the absence of AI Sotoa.
ALSO PRESENT: Joyce Malveaux, Legal Assistant; Anthony Jemison, Board Member,
and Simon Silva, Deputy City Attorney and Staff to Board of Ethics.
2. Review of Chapter 2.28.
• Silva informed the board that he had looked at the EPA website (www.epa.gov) and
reviewed its information on fraud, waste and abuse. Silva advised the EPA had good
definitions of fraud, waste, and abuse that could be placed in an ordinance and have it
be readily understood, as well as other information on reporting. Silva provided the
group with copies from the EPA website and pages on what the group had worked on at
its last meeting. Silva directed the group to the second page under Code of Conduct
where he had added items 3, 4, and 5 involving fraud, waste and abuse. Item 3: City
Officials should not engage in, permit or condone fraud, but should be proactive to
identify fraud and to seek to correct the causes that led to the fraud. Fraud in public
service involves making a false representation on about a material fact. Silva stated
that the Grand Jury Report stated they should have a policy that prohibits such action,
and defines it. Item 4: City Officials should not engage in, permit or condone waste, but
should proactive to identify waste, and seek to correct the causes that led to the waste.
Waste in public service involves extravagant, careless, or needless expenditure of City
funds or the consumption of City property that results from deficient practices, systems,
controls or decisions. Item 5: City Officials should not engage in, permit or condone
abuse, but should be proactive to identify abuse, and to seek and correct the cause that
led to the abuse. Abuse involves the intentional or improper use of City resources,
including the abuse of position, authority or resources such as tools of vehicles and
other City property. Silva told the group he included this language in the Code of
Conduct and not in prohibitions because the definitions are broad enough where it is not
specific enough to be a prohibition.
Silva advised he had also been tasked with adding 87100, wherein the committee had
discussed the various components and he had added the main component stating: "A
Public Official shouldn't make, participate in making, or influence a governmental
decision in which they have a financial interest." Silva also told the committee that he
had added Section D, which the group had discussed to read: "If the alleged violation
involves a violation or violations of state or federal law the Board of Ethics may await
action or notice of inaction by state or federal agency having jurisdiction over the
alleged violation or the expiration of any applicable statute of limitations before
proceeding with the provisions of this chapter." "The purpose of hold action and
abeyance until the state or federal agencies have had an opportunity to review the
alleged violation is to ensure the Board of Ethics does not errantly or unknowingly
interfere with any investigation that may be conducted by those agencies. "State and
federal agencies will include, but are not limited to, the Unites States Attorney's Office,
the Attorney General's Office, the District Attorney's Office, and the Fair Political
Practices Commission."
Silva the forum up for discussion and comment.
Members commented and provided feedback.
Silva received input from the committee, advised he would do additional clean up, and
work on procedural section.
Silva recommended moving the section on purpose towards the front of the Ordinance
after section 010 to aid in logical sequence.
Members agreed.
Silva then asked if the committee wanted to establish a target date to start bringing the
proposed revisions back to the entire board.
Members suggested November.
3. Public Comments.
There were none.
4. Member Comments.
There were none,
5. Staff Comments
Silva informed the committee of City's budget issues regarding the huge deficit, and
• advised members if they wanted details it was on the City website under Council
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meetings for the week.
ADJOURNMENT AT 4:50 p.m. to the next scheduled Ad Hoc Committee meeting on
September 16, 2010, at 4:00 p.m.
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Joyc a ve x
Recording Secretary
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