HomeMy WebLinkAbout2011-07-20 Board of Ethics MinutesACTION MINUTES OF
BOARD OF ETHICS MEETING
CITY OF CHULA VISTA, CALIFORNIA
July 20, 2011 Executive Conference Room 3:38 P.M.
Chair Starr called the meeting to order at 3:38 p.m.
1. Roll Call
MEMBERS PRESENT: Felicia Starr, Chris Schilling, Michael German, Norma
Toothman, Al Sotoa (3:44 p.m.), and Todd Glanz (4:05 p.m.).
ACTION: Member Sota moved to excuse the absence of Jemison. Member Toothman
seconded the motion and it carried 6-0, with Member Jemison absent.
MEMBERS ABSENT: Anthony Jemison.
ALSO PRESENT: Deputy City Attorney Simon Silva, Staff to Board of Ethics; Glen
Googins, City Attorney; and Joyce Malveaux, Legal Assistant.
2. Approval of Minutes of Regular April 20, 2011, Regular May 18, 2011, Ad Hoc
Committee May 19, 2011 and May 26, 2011, Regular June 15, 2011, Regular
June 29, 2011, Ad Hoc Committee July 7, 2011 and July 12, 2011, and Special
July 13, 2011 and July 14, 2011.
ACTION: Member Schilling moved to approve the July 14, 2011, Special minutes as
amended removing Glen Googins, City Attorney's presence and to include additional
action under Item 2, Discussion and Action (Including Referral/Recommendation to City
Council) Regarding Proposed Board of Ethics Ad Hoc Committee's Proposed Changes
to Chapter 2.28 to read: "Member Toothman moved to rescind the prior motion made
by Member Sotoa and to consider the matter again at the next Board of Ethic's Meeting.
Member Sotoa seconded the motion and it carried 5-0-2 with Members Jemison and
Glanz (arrived 4:05 p.m.) absent." Member Toothman seconded the motion and it
carried 5-0-2, with Member Jemison absent, Member Glanz not voting due to not
arriving until 4:05 p.m.
ACTION: Member Schilling moved to approve the Regular April 20, 2011, Regular May
18, 2011, Regular June 15, 2011, Regular June 29, 2011, and Special July 13, 2011
and July 14, 2011 minutes. Member German seconded the motion and it carried 5-0-2,
with Member Jemison absent, Member Glanz not voting due to not arriving until 4:05
p.m.
ACTION: Member Starr moved to approve the May 19, 2011, May 26, 2011, July 7,
2011, and July 12, 2011 Ad Hoc Committee Minutes. Member Sotoa seconded the
motion and it carried 2-0-1 with Member Jemison absent, and Member German
abstaining.
3. Discussion and Action (including referral/recommendation to City Council)
regarding Proposed Changes to Chapter 2.28 Recommended by the Board of
Ethics Ad Hoc Committee.
Silva clarified that the motion previously made by the board at the Special meeting of
July 14, 2011 recommending approval of this item had been rescinded as the board
made a motion prior allowing the public an opportunity to comment.
Silva then provided details on the specific revisions made, and further discussion
ensued among the board members.
ACTION: Member German moved that the board recommend Council to adopt the SS
editing revision 7-20-11 as amended by new numbers 11-14, inclusive of the specific
prohibitions found in 2.28.030(b) of the amended code. Member Sotoa seconded the
motion and it carried unanimously 5-0, with Member Jemison absent, and Member
Glanz not voting due to not arriving until 4:05 p.m.
Silva advised as the document went forward he would be doing edits both typographical
and grammatical, and hoped to get the matter to City Council on August 2nd, 2011.
4. Discuss and Action (including recommendation/resolution to be presented to City
Council) Regarding City Attorney's Office Advisory Role to the Board.
Silva stated the City Attorney is subject to the Code of Ethics whether they are
appointed or elected. Silva advised that the City Attorney advises boards and
commissions of which authority is derived based on City Charter Code Section
513(b)(1) which states in relevant part "the City Attorney shall advise all boards and
commissions and other agencies of the City in legal matters referred to him or her and
render written legal opinions when the same are requested in writing by an officer,
board or commission of the City.
Silva further informed this is a mandated duty and cannot be changed by ordinance, but
would require a City vote to change the Charter.
Silva then stated that Section 505 of the Charter prohibits assigning the way a function
that's assigned by the Charter from one department to another.
Silva then directed the board to the City Attorney Googins who was present to answer
any questions.
Further discussion ensued from City Attorney Googins, Silva, Schilling and the board
members.
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ACTION: Member German moved it was the resolve of the committee having
considered the input from the City Attorney's Office, having reviewed its own experience
in the matters, and having listened to input of fellow committee members that it is the
sense of the committee that it would like the City Attorney as their primary counsel
subject only to using conflicts counsel if and when required in accordance with the limits
of the budget allocation. Member Toothman seconded the motion, and it carried 5-1
with Member Jemison absent and Member Glanz opposed.
5. Public Comments.
There were none.
6. Members Comments.
Schilling commented on interim rules for agendizing items. Board members informed
Schilling that this was now in the proposed revisions.
Toothman wanted to table discussion of addressing public comments at the next board
meeting.
German thanked his colleagues in the efforts on completing revisions to the Code of
Ethics.
Glanz commented on Item 3.
Sotoa echoed German's comments.
7. Staff Comments.
Silva thanked the board members and City Attorney for the support they had given him
on the work he had done and stated he appreciated it and valued it. Silva added the
attorney's in the City Attorney's Office are very good attorneys, and that anyone in the
City Attorney's Office could step in his shoes, and do exactly what he does, and
probably even a better job.
ADJOURNMENT AT 5:07 p.m. to the next regularly scheduled meeting on August 17,
2011.
J ce Ive ux
Recording ecretary
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