HomeMy WebLinkAbout2008-09-17 Board of Ethics Minutes ACTION MINUTES OF
BOARD OF ETHICS MEETING
CITY OF CHULA VISTA, CALIFORNIA
Septembers 17, 2008 Executive Conference Room 3:37 P.M.
Chair German called the meeting to order.
1. Roll Call
MEMBERS PRESENT: Michael German, Felicia Starr, Anthony Jemison, Harriet
Acton, and Todd Glanz (arrived during item 3).
MEMBERS ABSENT: Norma Toothman. Toothman called in to advise that she would
not be in attendance due to her daughter being ill. It was MSUC (Acton/Jemison) to
excuse Tootman's absence.
ALSO PRESENT: Joyce Malveaux, Legal Assistant.
2. Approval of the Minutes of August 20, 2008.
German changed first page, item 3, paragraph 1, "German provided" to "German
advised"; item 3, paragraph 2 "first Plaintiff' to "first Complainant"; "Respondent's" to
"Respondents"; page 3, item 4, strike "acknowledged" insert "advised the other
members not to feel bad because he had not"; and after "prompt" insert" as much as to
himself as to all members."
It was MSUC (Starr/Acton) to approve the minutes as amended.
3. Revisions to Chapter 2.28 Review of Unrevised Board of Ethics Code Sections.
German started with Chapter 2.28.020: "This chapter shall apply only to members of
the Chula Vista city council, city manager, city attorney, city clerk, board members and
commissioners, as well as to ex-city officers who were subject to the conflict of interest
code."
German s ggested no changes to this section but raised the issue if whether or not this
section should be extended to anyone who contracted with the above a certain amount
or any amount at all, candidtates for the above City positions, and persons submitting
ballot initiatives.that would directly effect the City. German raised these issues as these
have bee dealt with by the board during his tenure.
Acton adv sed in previous years the board had been told by the City Attorney that the
board couldn't discuss or punish anyone that was not a City employee.
1
1 'y
German a�vised the board had controversy regarding peole submitting ballot initiatives
to the City and he offered this as a suggestion of holding these individuals to the same
standard they repose on others.
i
The board (concurred that 2.28.020 should remain as is for the time being.
German was also assigned 2.28.025: "Responsibilities of public office.
Public officials are agents of public purpose and hold office for the benefit of the public.
They are bound to uphold the Constitution of the United States and the Constitution of
this state and to carry out impartially the laws of the nation, state and municipality, and
thus to foster respect for government. They are bound to observe in their official acts a
high standard of morality and to discharge faithfully the duties of their office, recognizing
that the public interest must be a primary concern."
German questioned whether the board wanted to add language stating that this section
is either advisory only and does not constitute a ground for complaining of a finding of
unethical conduct by the person subject to the code or that it does constitute such a
basis. German then questioned how closely should such language be written, and what
other sections should it be linked to or replaced in which German suggested taking a
look at section 2.28.050. German also questioned if the board needed to define the
terms high standard of morality and discharge faithfully the duties of their office in order
to avoid any constitutional confusion.
Searles advised he was assigned section 2.28.050 and saw section 2.28.025 as being
linked to 228.025. Seares saw the purpose of this section to outline that there are laws
of the land and that they should be used. Searles further stated the purpose of this
code was to set the target. Searles stated the purpose here was there are laws on'the
books and to obey the law. Searles felt this section was not advisory, but felt the board
needed to separate out the idea that this represent the ground for the board being here.
Searles read how this exact item works in the City of Mountain View California inserting
the City of Chula Vista: "Elected and appointed officals within the City of Chula Vista
will comply with the laws and regulations of the Nation, the State of California and the
City in the performance of their public duties. These laws include, but are not limited to
the United States, California Constitution, the City of Chula Vista Charter, laws that
pertain to conflicts of interest, election campaigns, financial disclosures, employer
responsibilities, open processes of Government and City of Chula Vista Ordinances and
policies. The Code of Ethics represents the highest expectation of behavior to the
public and strives to compliment the existing laws of the land.
Glanz felt no changes should be made to the Code and that it should remain as is.
German a vised the board that the last pargraph on his handout questioned what sort
of advocacy does this issue raise, what sort of degree of specificity does the board
2
want, what sort of degree of specificity will pass constitutional muster. German stated
that Mr. Hagerty would advise the board on these issues when the time comes, but
these were choices for the board to make right now.
Starr presented 2.28.060, Advisory Opinons, and advised that she didn't feel changes
necessarily needed to be made unless the board wanted to cross reference this section
with any other areas of the code. Starr added the underlined insertions to this section to .
read: "When a councilmember or other official has doubt as to the applicability of a
provision of this code to a particular situation, written inquiry should be submitted made
to the board of ethics for an advisory opinion. Said person should be guided by that
opinion when given. The councilmember's or other city officials shall have the
opportunity to present their interpretation of the facts at issue and of the applicable
provisions of the code before such advisory decision is made.
Searles felt the purpose of the advisory opinion should be included after the last
sentence. Searles reworded language taken from section 2.28.010 for section 2.28.060
to read: "The purpose of the advisory opinion is to assist the elected and appointed
officials in the task of judging themselves, so as to enable them to properly carry out
their responsibilities as trustees in the public interest. When a councilmember or other
official has doubt as to the applicability of a provision of this code to a particular
situation, that person shall have the opportunity to submit written inquiry to the board of
ethics for an advisory opinion. Said person should be guided by that opinion when
given. The councilmember's or other city officials shall have the opportunity to present
their interpretation of the facts at issue and of the applicable provisions of the code
before such advisory decision is made."
Starr also presented 2.28.070, Creation of the Board of Ethics, currently: "A board of
ethics shall be created and appointed in accordance with Section 600 of the city of
Chula Vista Charter and Chapter 2.28 CVMC." Starr changed this section to read: "A
board of ethics shall be created and appointed in accordance with section 2.25.050 of
the CVMC. The board shall consist of seven (7) members, who shall serve without
compensation. Terms are four years, and members can serve no more than two
consecutive terms.
Board members agreed that the language Starr added to section 2.28.070 "The board
shall consist of seven (7) members, who shall serve without compensation. Terms are
four years, and members can serve no more than two consecutive terms" should be
removed rom the code as this was already covered in 2.28.110.
Board members additionally agreed to completely remove section 2.28.070 and
combine with 2.28.110, Organization. 2.28.110 to read: "A. A board of ethics shall be
created and appointed in accordance with Section 600 of the city of Chula Vista Charter
and Chapter 2.28 CVMC. B. The board shall be composed of seven members
appointed by the city council for a term of four years, as prescribed by the provisions of
the city Charter and the municipal code of the city of Chula Vista. Prior to exercising
3
their authority to appoint a person to membership, the city council shall refer for
recommendation the list and qualifications of applicants to the presiding judge of the
South County Division of the San Diego Superior Court or his or her designee, who
shall review the list of applicants and their qualifications, and who should select not less
than five for the purpose of conducting in-person interviews and who shall conduct such
interviews. If said judge or designee declines or fails to review such applicants, or
conduct such interviews, or make such recommendations, then the council shall
interview such applicants themselves personally, and may make an appointment jointly
passed with four affirmative votes. No such person may be appointed as a member, or
shall be entitled to retain their membership, if he or she, within the past 10 years prior to
the date of appointment, has been convicted of a crime involving moral turpitude, or has
been found to have committed a criminal violation of the Fair Political Practices Act.
C. The board shall elect from its membership a chair and a vice-chair. The term of the
chair and vice-chair shall be for the period of one year, commencing on July 1 st each
year. The chair shall preside at all meetings. In the absence of the chair at any meeting,
the vice-chair shall preside, and in the absence of both chair and vice-chair, the board
members resent shall elect a chair pro tempore for said meeting. D. The city attorney
or an appointed representative shall act as secretary to the board. The secretary shall
cause notice of the meetings of the board to be kept and distributed. The secretary shall
also give appropriate and required written notice of all meetings to all members and
persons having business before the board.
Jemison presented 2.28.080, Purpose. The board, except'for Glanz concurred with the
section as follows: "It is the purpose of the City of Chula Vista Board of Ethics to advise
those persons subject to this code of ethics on all matters relating to potentially
unethical conduct. The board makes such necessary and appropriate
recommendations to the city council for the implementation of the code of ethics and
amendmeInts thereto, which may become necessary from time to time. This board will
serve as a hearing,body on all such matters and shall render impartial and objective
opinions. It is the board's purpose to insure that those persons subject to this code of
ethics are appropriately informed of their duties and responsibilities under this code of
ethics."
Action had no changes to section 2.28.100, Powers of the Board.
Searles suggested adding periodically review the code of ethics to section 2.28.100, but
advised t �e board this was already covered under 2.28.080, Purpose. Section
2.28.100, Purpose to read: "The board of ethics is authorized to receive complaints,
conduct i vestigations upon complaints or information received, hold hearings, swear
witnessesi, render advisory opinions, and adopt and revise as necessary this code and
rules of procedure for the conduct of its business.
Action discussed section 2.28.110, Organization, and suggested removing certain
language hat no longer applied. This section included other changes suggested by the
board to read: "A. A board of ethics shall be created and appointed in accordance with
4
Section 600 of the City of Chula Vista Charter and Chapter 2.28 CVMC. B. The board
shall be composed of seven members appointed by the city council for a term of four
years, as prescribed by the provisions of the city Charter and the municipal code of the
City of Ch6l la Vista. They Mayor shall pull the applications for membership for the Board
of Ethics and provide to a panel consisting of at least two city managers in San Diego
County, excluding the City of Chula Vista. The panel shall review the applications,
interview the applicants, and make a recommendation to the Mayor and City Council of
no less than five people for the purpose of conducting personal interviews. If the panel
declines or fails to review such applicants, conduct such interviews, or make
recommendations the Mayor and City Council shall interview such applicants
themselves, and may make an appointment jointly passed by three votes. No such
person may be appointed as a member, or shall be entitled to retain their membership,
if he or she, within the past 10 years prior to the date of appointment, has been
convicted of a crime involving moral turpitude, or has been found to have committed a
criminal violation of the Fair Political Practices Act.
C. The board shall elect from its membership a chair and a vice-chair. The term of the
chair and vice-chair shall be for the period of one year, commencing on July 1st each
year. The chair shall preside at all meetings. In the absence of the chair at any meeting,
the vice-chair shall preside, and in the absence of both chair and vice-chair, the board
members present shall elect a chair pro tempore for said meeting. D. The city attorney
or an appointed representative shall act as secretary to the board. The secretary shall
cause notice of the meetings of the board to be kept and distributed. The secretary shall
also give appropriate and required written notice of all meetings to all members and
persons having business before the board.
German suggested the board confer with Mr. Hagerty regarding removing references to
the City Charter within the code. There were no other suggested changes to section
2.28.110.
Searles covered section 2.28.010, Establishment of code of ethics to read: "The public
judges its government by the way public officials conduct themselves in the posts to
which they are elected or appointed. All public officials should conduct themselves in a
manner thiat will tend to preserve public confidence in, and respect for, the government
represented. Such confidence and respect can best be promoted if every official,
whether paid or unpaid, and whether elected or appointed, adheres to the high standard
of ethics t lanscending the standards prescribed`by law. The purpose of this code is to
encourage the highest standards of behavior by public officials, increase public
confidence in the elected and public officials that serve the public and assist public
officials with decisonmaking in areas of ethical concern."
Board members concurred with Searles suggested changes.
5
- Acton referred the board to section 2.28.115, Qualification of Members, a new section
created byi the Board. Acton focused on section 2.28.115(b) which read: (b) No
member of the Board shall make a financial contribution to, or publicly support or
oppose, a candidate for City of Chula Vista elected or appointed office. Action advised
this provision caused board members to lose their individuality.
German suggested the board discuss section 2.28.115 at the next board meeting.
4. Public Comments.
There were none.
5. Member Comments
German asked the board members be prepared for their next discussion.
Acton advised board members that she would not be in attendance at the next board
meeting as she would be out of town. Acton requested her absence be excused.
It was MSUC (Starr/Jemison) that Acton's absence at the October 15, 2008 meeting be
excused.
Glanz asked that board members please keep meetings civil, respect what everyone
has to say and generally consider it. Glanz asked that board members not start with the
default attitude of conflict, and stated that he hoped this would be taken in good faith.
Acton congratulated and thanked the board members for their efforts in the revision
process.
6. Staff Comments
There were none.
ADJOURNMENT AT 5:10 p.m. to the next regularly scheduled meeting at 3:30 p.m.
Joyce Ma a ux
Recording Secretary
- 6