HomeMy WebLinkAbout2011-06-29 Board of Ethics Special MinutesACTION MINUTES OF
BOARD OF ETHICS SPECIAL MEETING
CITY OF CHULA VISTA, CALIFORNIA
June 29, 2011 Executive Conference Room 4:00 P.M.
Chair Starr called the meeting to order at 4:03 p.m.
1. Roll Call
MEMBERS PRESENT: Felicia Starr, Chris Schilling, Anthony Jemison, Norma
Toothman, Michael German, Al Sotoa, and Todd Glanz (4:48 p.m.).
MEMBERS ABSENT: None.
ALSO PRESENT: Deputy City Attorney Simon Silva, Staff to Board of Ethics; Senior
Assistant City Attorney Bart Miesfeld, and Joyce Malveaux, Legal Assistant.
2. Discussion and Action (Including Implementation) regarding Council Direction on
Proposed Policy regarding Selection of Campaign Enforcement Authority.
There was discussion among the group with DCA Silva and City Attorney Miesfeld
regarding various processes regarding selection of Campaign Enforcement Authority.
Chair Starr called for public comments on the item.
Earl Jentz, Chula Vista resident spoke in support of the item stating that there needs to
be special language implemented in regards to the City Attorney's advisory role.
DCA Silva addressed Mr. Jentz' comments clarifying on the City Attorney's advisory role
stating that this matter has been requested to be agendized. DCA Silva stated that City
Attorney Googins stated he would go back to City Council with his interpretation of the
Charter and his advice on the issue.
DCA Silva further advised that the City Attorney had noted in the staff report: "This
modified procedure does not address the different procedures that will be required if
allegations are made against the City himself or herself."
ACTION: Member Sotoa moved to approve item no. 2 of the Agenda, section 1 of the
draft as written. Member Schilling seconded the motion and it carried 6-0-1, with
Member Glanz absent (arrived at 4:48 p.m.).
DCA Silva and Senior Assistant City Attorney Miesfeld advised that it would take about
30 to 45 days for the item to be brought back.
3. Public Comments.
Earl Jentz, Chula Vista resident spoke regarding the selection process and questions
presented when appointing members to the Board of Ethics and the prevention of
asking inappropriate questions.
DCA Silva advised that the Ad Hoc Committee would address this issue.
4. Members Comments.
• Request of Board Member Schilling to Agendize the Following
Item: Discussion and Action Regarding City Attorney Office's
Advisory Role to the Board of Ethics and consideration of Adopting
a Resolution or Recommendation to be Presented to City Council
Schilling advised the intent of his request is at a City Council meeting the Council
appropriated $30,000 to the Board of Ethics to hire outside counsel for advisory
opinions and that one of the City Council members had expressed an interest in
creating some type of separation between the City Attorney's Office and the Board of
Ethics in terms of advising the board on day to day duties. Schilling stated he would like
the board members to have a discussion regarding what they feel the advisory role of
the City Attorney's Office and if appropriate make a resolution or recommendation to the
City Council.
There was discussion among the group and this matter will be agendized for the next
regularly scheduled meeting.
ACTION: Schilling moved agendize discussion and action regarding City Attorney
Office's advisory role to the Board of Ethics and consideration of adopting a resolution
or recommendation to be presented to Council on the July 20th Board of Ethics agenda.
Jemison seconded the motion and it carried 7-0-0.
Commissioner Toothman thanked Senior Assistant City Attorney Miesfeld for being
present and giving the board advice.
Commissioner German thanked his fellow board members and City Council and Mr.
Jentz for his two worthy observations and providing the board with the information.
Commissioner Glanz requested a quick synopsis of what happened on item no. 2.
Chair Starr provided Glanz with an update on item no. 2 and informed him that a motion
had been made approving section 1 of the ordinance and section 2 would be discussed
at the next meeting. .
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7. Staff Comments.
DCA Silva informed the board members that when the board members want to place
items on the agenda he would differ to Municipal Code Section 2.04.090: "Items of
business shall be placed on the agenda at the direction of City Manager, City Attorney,
City Clerk and by majority of a council approved board."
DCA Silva advised that discussion and action regarding procedures for placing items on
the Board of Ethics agenda would be discussed at the next Ad Hoc Committee meeting
and brought back to the board.
DCA Silva stated that the Ad Hoc Committee was almost done with recommendations
of the full board to go to council and that they would discuss the two issues brought
before the board today at Ad Hoc meetings on July 6th and 7th. DCA Silva advised that
the Ad Hoc Committee would be requesting two special meetings of the full board on
July 13th and 14th in effort to make the July 26th council meeting.
ADJOURNMENT
ACTION: Schilling moved to adjourn the meeting at 5:01 p.m. German seconded the
motion and it carried 7-0-0.
The meeting was adjourned at 5:01 p.m.
r
Jo ce MAauy
Recording Secretary
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