HomeMy WebLinkAbout1998-09-28 CRC MINSMINUTES OF A REGULAR MEETING OF THE
CITY OF'CHULA VISTA
CHARTER REVIEW COMMISSION
September 28, 1998 City Attorney's Conference Room 4:30 p.m.
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MEMBERS PRESENT: John Dorso, Deric Prescott, Barbara
McAllister, Jack Blakely and David Potter
(arrived at 4:35 p.m.)
MEMBERS ABSENT: Bob Campbell and Harriet Acton
STAFF PRESENT: City Attorney John M. Kaheny
Colleen Kelly, Intergovernmental Affairs
Coordinator
The meeting was called to order'at 4:30 p.m.
1. Roll Call.
The roll was called and all members were present except Member
Campbell who is in the hospital and Member Action who is out of
town. MSUC (Blakely/Prescott) to excuse the absent members.
2. Approval of Minutes.
MSUC (Prescott/Blakely) to approve the minutes of June 15, 1998 as
presented.
3. Election of Officers.
It was decided to trail this item until the next meeting when a
full commission is present.
4. Report by City Attorney John M. Kaheny.
The City Attorney stated two issues arose over summer:
(1) Councilman Moot requested an analysis of the Charter and Chula
Vista Municipal Code relating'"to political activities of City
employees.
(2) The City Clerk became involved in a controversy over the
filing date of the statement of qualifications for, Patty
Davis. The Charter provides the City could adopt an Elections
Code or follow state election law. The filing time under
state law expired, therefore, our hands were tied. _If we had
our own code, the statement of qualifications from the March
election ballot could be used. The only resolution was to go
to court.
Chair Dorso questioned if this happens often and does it
necessitate changing the way we operate. John Kaheny responded it
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Charter Review Commission Minutes
September 28, 1998
Page 2
does not. Council could give more discretion to City staff, but he
does not believe there is any great desire to do that.
Some members of the Council are concerned about the loopholes
contained in the campaign contribution ordinance. Councilman Moot
wants to restrict the political activities of City employees which
resulted from a Council item to increase the number of hours part-
time Council aides work.. Mr. Moot was concerned if Council aides
work the rest of the day in campaign headquarters as a campaign
operative. Attorney Kaheny reviewed Section 707 of the Charter and
it precludes City employees from using City resources, offices and
equipment for political purposes. There is no prohibition against
part-time employees performing tasks for a political campaigns on
their own time. Some cities where Council aides are unclassified
salaried members, there is a policy that if staff engages in a
campaign, they go on a leave of absence. While researching this
issue, the City Attorney noticed Section 707 states: "No elective
or appointive officer or employee of the City of Chula Vista,
whether employed in the Classified or Unclassified Service, shall:
...(c) Use any office or position with the City in any activity in
support or opposition to any person running for the City of Chula
Vista Council or Mayor." By implication, the Charter authorizes
the use of their office or position to support candidates running
for anything other than Mayor or Council.
John Kaheny distributed a copy of Section 31 of the San Diego
Charter which states: "No officer or employee of the City, except
elected officers and unsalaried members of commissions, shall
during regular hours of employment...". He brought it to the
Commission's attention to see if Section 707 should be tightened
up. Attorney Kaheny will be preparing an analysis for the Council
and will suggest the matter be referred to the Commission to
formulate clean-up language.
S. Transmittal Letter for Council. -A draft transmittal letter on
Proposed Ballot Measures was given to the Commission for review.
The consensus was to send the letter forward to Council.
6. Public Comments. - None
7. Members' Comments. - None
8. AdIournment.
MSUC (Prescott/McAllister) to adjourn the meeting at 4:57 p.m. to
the next meeting on October -19, 1998 at 4:30 p.m.
Lorraine Kraker, Secretary
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