HomeMy WebLinkAbout2015-03-19 Board of Ethics Special MinutesMINUTES OF A SPECIAL MEETING OF THE
BOARD OF ETHICS
OF THE CITY OF CHULA VISTA
March 19, 2015
5:15 p.m.
A Special Meeting of the Board of Ethics of the City of Chula Vista was called to order at 5:27
p.m. in the City Council Chambers, located in Building A, at 276 Fourth Avenue, Chula Vista,
California.
ROLL CALL
PRESENT: Board Member Esquer, Livingston, Toothman, Jemison, and
Robles.
ABSENT: Board Member Schilling
ALSO PRESENT: Special Counsel James Lough, Esq. and City Clerk Norris
(The City Attorney's Office recused itself from participation in this meeting.)
PUBLIC COMMENTS
Vice Chair Jemison called for public comments on matters not listed on the agenda. There were
none.
ACTION ITEMS
1. Discussion and Action Regarding Selection of Outside Counsel to Advise Board of
Ethics in BOE complaints 2-18-15A and 2-20-15A, Including Using List of Attorneys
That Had Been Selected by BOE to Serve as the Enforcement Authority under Chula
Vista Municipal Code section 2.52 (Campaign Contribution Ordinance) to Select
Attorney to Serve as Outside Counsel*
* This item was approved at the March 11, 2015 Board of Ethics Meeting. The approved
item improperly listed one case number as 2-20-15B. Approval of this item will correct
the typographical error to properly list the case as number 2-20-15A.
ACTION: Commissioner Robles moved to accept the correction of the case number.
Commissioner Toothman seconded the motion, and it carried 5-0 by the
following vote:
Yes: Esquer, Jemison, Livingston, Robles, and Toothman.
No:
Abstain:
Page 1 I Board of Ethics Minutes March 19, 2015
2. Discussion and Action regarding the "Prima Facie Review," pursuant to Chula Vista
Municipal Code section 2.28.110, of Ethics case numbers 2-18-15A and 2-20-15A
Special Counsel Lough provided an overview of his opinion and recommendation to dismiss
both cases pursuant to Chula Vista Municipal Code section 2.28.110, stating that the complaints
did not contain a full allegation of facts that would constitute a violation of the specific
prohibitions enumerated in the City's Code of Ethics.
Daniel Munoz, Chula Vista resident, spoke in opposition to the appointment of Steve Miesen to
the City Council because of his employment with Republic Services and described Republic
Services as a "public/private" company. Mr. Munoz requested that the Board refer the matter to
the State Attorney General.
Russ Hall, Chula Vista resident, spoke in opposition to the appointment of Steve Miesen to the
City Council. He stated that Mr. Miesen's position with Republic Waste was an issue of
incompatible offices. He also stated that Mr. Miesen's campaign contributions created a conflict.
City Clerk Norris read written communication from Jill Galvez, dated March 18, 2015.
Special Counsel Lough answered questions from the Board Members regarding laws relating to
the duties of the Board of Ethics.
Member Toothman moved to continue discussion on the matter to the next meeting. Motion died
for lack of a second.
Special Counsel Lough advised the board to take action on Item 2 prior to taking any separate
actions.
ACTION: Member Toothman moved to continue discussion at the next meeting regarding
the Prima Facie Review, pursuant to Chula Vista Municipal Code section
2.28.110, of Ethics case numbers 2-18-15A and 2-20-15A. Member Robles
seconded the motion and it carried 4-1 as follows:
Yes: Esquer, Jemison, Robles, and Toothman**
No: Livingston
Abstain:
Special Counsel Lough recommended that the Board act on the Prima Facie Review at this
meeting, then have other matters that may fall under the Board's purview handled separately at
another meeting.
ACTION: Member Toothman moved to repeal the previous action to continue the discussion
to the next meeting. Member Livingston seconded the motion, and it carried 5-0
as follows:
Yes: Esquer, Jemison, Livingston, Robles, and Toothman.
No:
Abstain:
Page 2 1 Board of Ethics Minutes March 19, 2015
ACTION: Member Livingston moved to dismiss both complaints since they did not contain
a full allegation of facts that would constitute a violation of the specific
prohibitions enumerated in the City's Code of Ethics. Member Robles seconded
the motion and it carried 5-0 as follows:
Yes: Esquer, Jemison, Livingston, Robles, and Toothman*.
No:
Abstain:
ACTION: Member Robles moved to add to the agenda for the next meeting possible action
regarding the matters of the complaints filed with the request that Special Counsel
Lough return with additional information. Member Toothman seconded the
motion and it carried 5-0 as follows:
Yes: Esquer, Jemison, Livingston*, Robles, and Toothman.
No:
Abstain:
Member Robles asked that Special Counsel Lough begin gathering facts and documents about
how appointment was made.
Special Counsel Lough stated that he would return with a report to show what authority the
Board would have to look into the appointment process within the discretion of the Chula Vista
Municipal Code.
*Member Livingston stated that he had abstained from the last vote since he did not understand
how the Board could further investigate a matter for which there was not a formal complaint that
would fall under the Board's purview. There was no audible abstention or reason for abstention
recorded during the voting process.
**Member Toothman stated that for the record, she had abstained from voting on dismissing the
complaints. There was no audible abstention recorded, and no reason was given for abstention
during the voting process.
OTHER BUSINESS
1. STAFF COMMENTS
None.
2. CHAIR'S COMMENTS.
Vice -Chair Jemison expressed thanks to Special Counsel Lough, Board Members and
Public for their input.
3. BOARD MEMBERS' COMMENTS
Member Toothman — thanked Member Schilling for recusing himself from participation
in this meeting.
Page 3 1 Board of Ethics Minutes March 19, 2015
ADJOURNMENT At 7:11 p.m. Vice -Chair Jemison adjourned to the regular meeting of
April 15, 2015 at 5:15 p.m.
Donna R.61rris, Ci Clerk
Page 4 1 Board of Ethics Minutes March 19, 2015