HomeMy WebLinkAbout2011-10-19 Board of Ethics MinutesACTION MINUTES OF
BOARD OF ETHICS MEETING
CITY OF CHULA VISTA, CALIFORNIA
October 19, 2011 Executive Conference Room 3:30 P.M.
Schilling called the meeting to order at 3:37 p.m.
1. Roll Call
MEMBERS PRESENT: Felicia Starr, Chris Schilling, Anthony Jemison, Todd Glanz,
and Michael German (3:41 p.m.).
MEMBERS ABSENT: Al Sotoa and Tootman.
Schilling advised that the board had been contacted by Toothman stating that she
would be absent today and asked for a motion to excuse the absence.
ACTION: Starr moved to excuse the absence of Toothman from the October 19,
2011 meeting. Jemison seconded the motion and it carried 4-0, with Members Sotoa
and Toothman absent, and member German not arriving until 3:41 p.m.
ALSO PRESENT: Deputy City Attorney Simon Silva, Staff to Board of Ethics; and
Joyce Malveaux, Legal Assistant.
2. Approval of Minutes of August 17, 2011, and Ad Hoc Minutes of September 15,
2011, October 6, 2011, and October 13, 2011.
Due to lack of quorum of the members who attended the August 17, 2011 meeting,
approving the minutes of the August 17, 2011 meeting was tabled to the following board
meeting. After German's arrival after 3:41 p.m. the August 17, 2011 minutes were
approved.
ACTION: German moved to approve the minutes of August 17, 2011. Starr seconded
the motion and it carried 5-0, with Members Sotoa and Toothman absent.
As the minutes for the September 15, 2011 and October 6, 2011 meeting were not
prepared yet these item were tabled to the following board meeting.
ACTION: Starr moved to approve the minutes of October 13, 2011. Jemison seconded
the motion and it carried 4-0, with Members Sotoa and Toothman absent, and member
German not arriving until 3:41 p.m.
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3. Discussion and Action regarding Board of Ethic Ad Hoc Committee's Proposed
Amendments to Chapter 2.28 Based on City Council's Direction and the City
Clerk's revisions to Board and Commissions Ordinances.
Schilling opened the item up to public comment.
Jerry Thomas, Chula Vista resident commented that no one was aware of the Ad Hoc
Committee meetings that had been taking place and suggested that the City Attorney
install a webcam so that people of Chula Vista can see exactly what is going on in real
time for transparency.
Schilling announced for the record that Michael German arrived at 3:41 p.m.
Jerry Thomas, Chula Vista resident continued stating that the Board of Ethics should do
a webcast and should lead by example.
DCA Silva discussed proposed amendments based on City Council's direction and the
City Clerk's revisions to Board and Commissions ordinances.
Schilling had questions regarding language on page 3, item 12 and striking language
rather than rephrasing. DCA Silva advised that he would add language to page 3
sections (a) and (b), item 12 regarding influencing board or commission.
German questioned if City Council was opposed to (b)(2). Starr stated that City Council
wanted language stricken.
The board agreed to bring the matter back for a discussion by the full board.
ACTION: There was none.
4. Public Comments.
Earl Jentz, Chula Vista resident commented in support of proposed revisions, however,
provided input on additional changes needed suggesting that language under item 3
should be moved from guiding principles to specific prohibitions.
DCA Silva responded that fraud is criminal in nature and the impact of interfering with a
criminal investigation is not good.
Mr. Jentz commented that misleading statements may not lead to fraud.
DCA Silva stated there is a slippery slope between a false statement and used the
example of one being ignorant to a fact. DCA Silva advised it is difficult to control false
or misleading statements and possible infringe on First Amendment rights as restraining
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speech is unethical as is being untruthful.
5. Members Comments.
There were none.
6. Staff Comments.
There were none.
ADJOURNMENT AT 4:42 p.m.
Joyce alv ux
Recording Secretary
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