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HomeMy WebLinkAboutReso 1991-16232 RESOLUTION NO. 16232 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, DECLARING CERTAIN COMMISSION OFFICES VACANT NUNC PRO TUNC FOR FAILURE TO FILE STATEMENT OF ECONOMIC INTERESTS WHEREAS, on February 12, 1991, the City Council adopted Resolution No. 15961 which added 16 new Boards and Commissions to the Conflict of Interest Code, and 114 new persons to the list of those required to file annual Statements of Economic Interest; and, WHEREAS, those who have not filed are: Sue Miller, Library Board of Trustees, Carlos Batara, Charter Review and Robert Gordon, Human Relations Commission; and, WHEREAS, fines were imposed for these late filers by the City Clerk of $10.00 per day, and they are now at their statutory maximum of $100.00 each, or $300.00 in total; and, WHEREAS, the City Clerk and the City Attorney have recommended that, as a policy matter, it would be unproductive to engage in further enforcement efforts in order to obtain complete compliance for the following reasons: 1. Substantial compliance has been obtained. Out of the new 114 commissioners who are now requi red to file, all but three have either filed their Statements or resigned their positions. This represents 974 voluntary compliance. 2. The remaining non-fliers are transitional cases: These three persons were caught up in a mid-term change of policy that was not a condition of the office at the time of their entry into the office. 3. The City relies heavily on the "volunteer work force" of its boards and commissions, and to subject some of their members to criminal prosecution during the transitional implementation of a new and somewhat controversial reporting policy may send an unintended message of ingratitude for the contributions of these volunteers. 4. The Clerk has a system in place now to assure complete compliance. The application form has been revised to indicate which Boards and Commissions are required to file annual Statements of Economic Interest. The letter of appointment which is sent by the Mayor will include a paragraph about the filing requirement to those who must file. Lastly, each new commissioner is handed the forms and instructions with the Certificate of Appointment at the time of the swearing-in ceremony; and, Resolution No. 16232 Page 2 WHEREAS, furthermore, the Code Section which imposes the late filing, and authorizes waiver of liability of same does not permit the City Clerk to waive liability for the fine if the statement of economic interest is not filed within 30 days; and, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: Section 1. The failure of a Board Member, Committee person, or Commissioner of the City of Chula Vista, to file Statements of Economic Interests, as required by the City of Chula Vista Conflict of Interest Code and Government Code Section 91013, may, upon determination of the City Council, be deemed to constitute a tender of resignation from the Office which created the requirement to file. Section 2. The City Council accepts as of April 15, 1991 the resignation of Sue Miller from the Library Board of Trustees, and hereby declares that the Office of the Library Board of Trustee held by Sue Miller is deemed vacant as of March 15, 1991. Section 3. The City Council accepts as of April 1, 1991 the resignation of Carlos Batara from the Office of Charter Review Commissioner, and hereby declares that the Office of the Charter Review Commissioner held by Carlos Batara is deemed vacant as of April 1, 1991. Section 4. The City Council accepts as of April 1, 1991 the resignation of Robert Gordon from the Office of Human Relations Commission, and hereby declares that the Office of the Human Relations Commissioner held by Robert Gordon is deemed vacant as of April 1, 1991. Section 5. Nothing herein shall invalidate any vote, resolution, or other action of any board, committee or commission taken between the date of vacation of office of said persons and the effective date of this resolution. Section 6. This resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. Resolution No. 16232 Page 3 Section 7. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of said City; and shall make a minute of the passage and adoption hereof in the minutes of the meeting at which the same is passed and adopted. Presented by: Approved as~o fo by~ ....... oogaard Beverly Authelet ,.~ ~ City Clerk ' City Attorney Resolution No. 16232 Page 4 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this gth day of July, 1991, by the following vote: AYES: Councilmembers: Grasser Horton, Malcolm, Moore, Nader, Rindone NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None ATTEST: Bev~/~. Au~helet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A.Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 16232 was duly passed, approved, and adopted by the City Council held on the 9th day of July, 1991. Executed this gth day of July, lggl.