HomeMy WebLinkAbout2010/10/20 Board of Ethics MinutesACTION MINUTES OF.
BOARD OF ETHICS MEETING
CITY OF CHULA VISTA, CALIFORNIA
October 20, 2010 Executive Conference Room 3:43 P.M.
Chair Starr called the meeting to"order.
1. Roll Call
MEMBERS PRESENT: Felicia Starr, Chris. Schilling, Michael German, Todd Glanz, and
Norma Toothman.
MEMBERS ABSENT: Al Sotoa, and Anthony Jemision.
ALSO PRESENT: Simon Silva Staff to Board of Ethics, and Cheryl Ponds -Poole,
Legal Assistant.
2. Approval of Minutes of August 18, 2010, September 1.5, 2010, and Ad Hoc
Committee Minutes of August 1% 2010 and September 16, 2010. .
It was MSUC (German/Toothman) to approve the minutes of the.September 15, 2010.
It was MSUC (German/Starr) to approve the Ad Hoc Committee. Minutes of August 19,
2010.
It was MSUC (German/Starr) to dismiss the minutes of September 16, 2010, and take
no action.
The August 18, .2010, minutes were tabled to the next meeting due to lack of quorum of
total members present in attendance at August 18, 2010 meeting.
3. Report from the Ad Hoc Committee on -Chapter 2.28.
Starr advised the board that the committee had been reviewing the procedural portion of
the code and that Silva was to provide the committee with input at the next Ad Hoc
meeting on October 21, 2010.
Silva informed the board that he would be unavailable to attend the October 22, 2010
Ad Hoc Committee meeting due to other meetings, and a court filing due. It was MSUC
(Starr/German) to post a cancellation notice for the October 22, 2010 Ad Hoc
Committee meeting.
4. Review of May 10, 2010, Complaint re: Mitch Thompson.
Silva advised that the item had been returned sworn under penalty of perjury and that
the board.'had previously looked at the complaint to ensure it covered the correct
people. Silva stated that in looking at the requirements of a complaint there are several
requirements prior to proceeding to the probable cause:phase. Silva informed the
board that the requirements could be found in Section 2.28.090 in which he had
provided board members with a copy of the current Board of Ethics Ordinance. Silva
directed the board's attention to Section 2.28.090 (a), Duties of the Board: To receive
or initiate complaints of violations of the code of ethics: "All complaints shall be signed
under penalty of perjury and shall be in writing, containing full allegations of facts which
would constitute a violation of the code. All alleged violations must be submitted within
60 days of occurrence or when it should have been discovered with the exercise of
reasonable diligence. Justification for any delay in filing complaints is the responsibility
of the complainant." Silva reiterated the complaint 1) has to involve an enumerated
person, 2) be sworn under penalty of perjury, 3) the subject of the complaint must be an
appropriate subject matter within the code, found in Section 2.28.050, 4) contain a full
allegations of facts which would constitute a violation of the code, an 5) must be timely,
meaning that the allegations must be submitted within 60 days of occurrence or when it
should have been discovered. Silva advised when'the matter is a serial type violation
consisting of different dates, one must look toward the last date to start the time period.
Silva advised the board that in reviewing the document he didn't believe all
requirements had been met, specifically that the subject matter of the complaint did not
fall within the enumerated sections of 2.28.050, fails to contain a full allegation of facts
of which would constitute a violation of the code, and is untimely. Silva referred to the
range of dates within the complaint, May 13, 2009, June 20, 2009, June 24, 2009, July
22, 2009, September 28, 2009, and September 29, 2009. Silva stated the initial
complaint had been received on May 11, 2010, which is 220 days from the September.
29, 2009 allegation, more than 60 days.
Starr stated in light of the specific dates from the latest occurrence was grounds to
dismiss the complaint. German agreed to dismiss the case as untimely, and thanked
Silva for his presentation of the facts.
It was MSUC -(German/Glanz) for purposes of further discussion of the complaint.
Glanz questioned if the board was looking procedurally whether the board could even
look to see if there was any probable cause. German agreed. Glanz stated not having
the complainant present the board couldn't even delve into justification for any,delay of
filing the complaint. Glanz stated he felt the complaint was worthy of dismissal as well.
It was MSUC (Glanz/German) to dismiss the complaint re: Mitch Thompson.
Silva sought permission to draft a letter for signature by the Chair to the complainant
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explaining that the complaint has been dismissed as untimely.
It was MSUC (German/Starr) for Silva to draft a letter for signature by the chair to the
complainant explaining that the complaint has been dismissed as untimely.
Silva advised for the record in terms of the current meeting the conference room is
noted on the meeting notices as the Executive Conference Room, and prior to the
meeting the location. had to be changed to the Attorney Conference Room, and notices
had been posted on the City Hall door, Executive Conference Room door, City Attorney
Conference Room door, and the receptionist had been contacted and advised regarding
the meeting location change to relay any member of the public trying to attend.
German noted for the record that the complaint considered today had as one of its
addressees as Gary Schons, Assistant Attorney General in his office. German stated
that he had no contact with Mr. Schons regarding this matter, nor had he received any
word concerning this matter other than through the City of Chula Vista.
Board members returned redacted complaints to Silva.
Silva stated that although board members were returning complaints under the Brown
Act any documents the, board members received during the session is to be made
available to the public.
5. Public Comments.
There were none.
6. Members Comments.
Starr bid good luck to Schilling in his campaign.
German also wished good luck to Schilling, asked everyone to please vote and
encourage others to vote, and thanked colleagues for the quick handling of the matter
on the agenda.
Toothman apologized for being late.
Starr congratulated Toothman on her new grandchild.
No regularly scheduled meeting was set for November 2010. The Ad Hoc Committee
meeting was set for November 10, 2010. The next regularly scheduled meeting was set
for December 15, 2010.
7. Staff Comments.
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There were none.
ADJOURNMENT AT 4:05 p.m.
Joyce MZIXeau
Recording Secretary