HomeMy WebLinkAbout2016-07-28 BOE Special PacketcH=Iism
Notice is hereby given that the Board of Ethics of the City of Chula Vista has called and will
convene a Special Meeting of the Board of Ethics on Thursday, July 28, 2016, at 5:15 p.m.
in Council Chambers, located at 276 Fourth Avenue, Building A, Chula Vista, California to
consider the item(s) on this agenda.
SPECIAL MEETING OF THE BOARD OF ETHICS
OF THE CITY OF CHULA VISTA
July 28, 2016 Council Chambers- Building A
5:15 p.m. 276 Fourth Avenue
Chula Vista
CALL TO ORDER
ROLL CALL: Commissioners: Esquer ; Kish ; Livingston Robles ;
Voorhees ; Jemison, Vice Chair and Chair Schilling
CITY STAFF: Silva ; Malveaux
PUBLIC COMMENTS
Persons speaking during Public Comments may address the Board/Commission on any
subject matter within the Board/Commission's jurisdiction that is not listed as an item on the
agenda. State law generally prohibits the Board/Commission from discussing or taking
action on any issue not included on the agenda, but, if appropriate, the Board/Commission
may schedule the topic for future discussion or refer the matter to staff. Comments are
limited to three minutes.
ACTION ITEMS
The Item(s) listed in this section of the agenda will be considered individually by the
Board/Commission and are expected to elicit discussion and deliberation. If you wish to
speak on any item, please fill out a "Request to Speak" form and submit it to the Secretary
prior to the meeting. Comments are limited to five minutes.
1. Presentation by City Attorney's Office on the Brown Act.
2. Discussion and Action regarding changing date for next Board of Ethics meeting from
August 17, 2016 to another date.
I declare under penalty of perjury that I am employed by
the City of Chula Vista in the Office of the City Attorney
and that I posted this document on the bulletin board at
the City Hall according to Brown Act requirements.
Dated: Z �6Signed:� 4i "�
OTHER BUSINESS
1. STAFF COMMENTS
2. CHAIR'S COMMENTS
3. COMMISSIONERS'/BOARD MEMBERS' COMMENTS
ADJOURNMENT to the regular or special meeting at a time and date to be determined, in the
Council Conference Room C101, Building A at 276 Fourth Avenue, Chula
Vista, California.
Materials provided to the Board of Ethics related to any open -session item on this agenda are
available for public review in the Office of the City Attorney at 276 Fourth Avenue, Chula Vista,
Building A, Chula Vista during normal business hours.
In compliance with the
AMERICANS WITHDISABILITIES ACT
The City of Chula Vista requests individuals who require special accommodations to access,
attend, and/or participate in a City meeting, activity, or service, contact the Human Resources
Department at (619) 691-5041 (California Relay Service is available for the hearing impaired by
dialing 711) at least forty-eight hours in advance of the meeting.
Page 2 1Board of Ethics Special Meeting July 28, 2016
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The Ralph M: Brown Act
Cal. Govt: Code §§.5495.0, e, seq.
Ore Principles
■ Local ` agencies can only deliberate and take
actions atpublicmeetings
■ Public must be notified in advance of all
meetings and matters to be considered
■ Public must be given access to information
and opportunity to provide input to decisions -
makers
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' Exceptions are limited
Application:
Who is Subject to the Act?
r
■ Applies to all local "legislative bodies" and their
members
City Councils and County Boards
Boards and commissions
Sub -Committees of a legislative body, with
limited exceptions
Regional Boards
BIDS and PBIDs per Streets and Highway Code
■ Does not govern conduct of City staff
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— an issue in the subject matter jurisdiction of
the body
■ No action is required; '"Mere" discussions qualify
■ Includes informal gatherings, with or without
public attendance or ,City sponsorship
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■`Memoranda from City Manager or City
Attorney to all City Council Members
■ Communications for purposes of
calling a special meeting or setting an
agenda
■ Individual contacts or conversations
between less than a majority of
members and a member of the public
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Di
rl
• Cannot consider, discuss, deliberate or take action
on matters not on the agenda
■ Otherwise; only appropriate action is to refer item to
staff and/or for consideration on a future agenda
■ Brief response, question or statement o.k.
■ Limited Exceptions:
Majority vote determines an "emergency" exists;
(e.g. crippling natural disaster, terrorist act, or
major work stoppage); or
Two-thirds (4 of 5) vote determines the need to
take immediate action exists and agency
knowledge, of need arose after the agenda was
posted is
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4
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Must be allowed
Disruptive behavior does not have to be
tolerated
■ Important to Treat everyone the same 23
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Emerging Area:
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Bre
t ..
+i. Avoid sharin
g info, about another
council/committee/commission member's views;
z. Do not direct or cc emails to a quorum or more of your
council/board colleagues, or "reply all" on city business;
s. Refrain form -public statements (including use of social
media) that state final positions on matters pending before
you;
a. Review Agendas in advance of meeting and think about
Brown Act parameters;
s. Don't discuss items not on agenda; instead, refer them to
staff for future discussions with consensus of your board;
e. Don't forget to allow for public input
7. When in doubt, don't act;
e. Seek advice from City Attorney's office in advance whenever
possible. zb
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