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ACTION MINUTES OF
BOARD OF ETHICS AD HOC COMMITTEE MEETING
CITY OF CHULA VISTA, CALIFORNIA
Julv 22. 2010 Executive Conference Room 4:03 P.M.
Chair Starr called the meeting to order.
Roll Call
MEMBERS PRESENT: Michael German, and Felicia Starr.
MEMBERS ABSENT: AI Sotoa.
Starr advised that Sotoa had called her and advised he would not be present. It was
MSUC (Starr/German) to excuse the absence of 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 advised the committee that he had incorporated the last changes to the last four
areas, Establishment of Code of Ethics, Applicability of the Chapter, Code of Ethics, and
Advisory Opinions in the document presented. Silva advised previously 2.28.010 had
both an A and B component, B explaining that the Code of Ethics was divided into two
parts. Silva advised he had removed component B and inserted it into the Code of
Ethics. Silva reviewed the Establishment of the Code of Ethics, and Applicability of the
Chapter and informed the committee of the changes he had made. Silva next reviewed
2.28.030 Code of Ethics and informed the committee that the A component is what
previously was component B, component B is the Code of Conduct and C is the specific
prohibitions. Silva also advised the committee that 2.28.040 is Advisory Opinions. Silva
stated that more edits needed to occur with respect to consistency in the provided
document.
Silva provided committee members with the Grand Jury Report and informed the
committee that the sections on Code of Conduct and Specific Prohibitions is where the
Grand Jury Report would come in. Silva directed board members to page 10 of the
Grand Jury Report where it was recommended the cities of Chula Vista, Coronado, EI
Cajon, and Encinitas bring before the legislative body the intent to be listed for its
consideration in a public meeting the proposal to adopt integrated comprehensive code
of ethics to finding and prohibiting fraud, waste, abuse and conflicts of interest. Silva
advised the GASBY principals did not apply to the board as it was related to finance
matters. Silva then brought the board attention to the Grand Jury Report regarding the
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• legislative body considering having a hotline for third party complainants. Silva stated
he thought a hotline cost $500,000 per year to staff and have operating, and that this
would be a finance issue.
Silva advised that committee that they should define fraud, waste and abuse. Silva
directed the committee to page 6, findings regarding that. Silva informed the committee
that he would go on the website and start looking at definitions.
Continued discussion ensued with Silva covering various portions of the Grand Jury
Report and receiving feedback and input from the committee.
Silva continued review with the committee of the various changes he had made.
Silva informed the committee that there may be additional changes to the Code, as the
City Attorney's Office will now have an elected City Attorney, which may impact the
purpose later down the line.
Silva also discussed adding language on enforcement and referrals to outside agencies.
Silva suggested streamlining the complaint process to avoid delay.
Starr had concerns surrounding Section D with respect to having the affirmative vote of
• 5 members of the board in order to find conduct to be unethical. Starr questioned if this
language could state a quorum of the board rather than 5 members. Silva advised he
would review the Municipal Code to see if the language could be changed to read a
majority. German expressed concern over the language "affirmative vote" and
questioned how this ties in with an abstention and how the board should deal with this.
Starr suggested she start taking a total vote to document yes, no's and abstentions.
Silva brought the committee's attention to the level of attention that is required
concerning process, and advised that this is not mentioned anywhere.
Jemison expressed concern on the section on Powers of the Board regarding the
general nature of conducting investigations and questioned if this section should be left
as it reads or if in the past if the board had compelled records. German stated that the
board had in fact compelled record in the past. Starr expressed that the board had
revised the language in the past to read as it currently does. Silva advised the
committee that such language was in the City Charter, Section 603 on subpoena
powers.
Silva advised he would again look at the Grand Jury Report to try to see where he could
find definitions, beef up the prohibitions, look at language with respect to purpose, and
add language regarding referral to outside agency.
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3. Public Comments.
There were none.
4. Member Comments.
There were none.
5. Staff Comments
There were none.
ADJOURNMENT AT 5:00 p.m. to the next scheduled Ad Hoc Committee meeting on
August 19, 2010, at 4:00 p.m.
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Joyce Ma x
Recording Secretary
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