HomeMy WebLinkAbout2008-07-16 Board of Ethics Minutes ACTION MINUTES OF
BOARD OF ETHICS MEETING
CITY OF CHULA VISTA, CALIFORNIA
July 16, 2008 Executive Conference Room 3:40 P.M.
Chair German called the meeting to order and welcomes City Manager, David Garcia.
1. Roll Call.
MEMBERS PRESENT: Harriet Acton, Chris Searles, Felicia Starr, Anthony Jemison,
Norma Too�thman, Todd Glanz and Michael German.
ALSO PR SENT: Joyce Malveaux, Legal Assistant, and Shawn Hagerty, Esq. of
Best, Best and Krieger as outside counsel to the Board of Ethics.
2. App oval of the Minutes of June 18,, 2008.
German requested in Item 2, Probable Cause Hearing, add after the middle sentence
that reads as current: "German provided specific disclosures," insert "including but not
limited to his previously-disclosed non-involvement with the Lincoln Club and his May
30, 2008 withdrawal of his application for a judicial appointment."
German alio requested a change be made to the final portion of Item 9, Members
Comments. German moved to strike the last paragraph on Page 2 beginning, "German
shared" through third line on page 3, "look out for."
It was MSUC (Starr/Toothman) to approve the minutes as amended.
3. Review of New Complaint EC01-2008.
Chair German stated the purpose of this item on the agenda is only to ensure it meets
with the facial requirements. German advised the complaint alleged an incident that
occurred al two City Council meetings on January 22, 2008, and February 5, 2008.
German also stated the complaint was signed on June 3, 2008, under declaration of
penalty of perjury. German advised that the complainant was permitted anonymity. Mr.
Peter Watry, Complainant, waived this right.
Discussion ensued and board members questioned the complainant.
Member Todd Glanz recused himself from consideration on this item, and did not
participate in the board's discussion
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The board found that the alleged violations of 2.28.050(B)(4) did not satisfy the
requirements of 2.28.090(A) because the allegations related to matters that occurred
more than 60 days before the filing of the Complaint. The board determined the alleged
violations of 2.28.050(B)(6) satisfied the requirements of 2.28.090(A). As such, the
board established there was sufficient evidence to proceed with a probable cause
hearing with respect to portions of the complaint. Particularly, to the allegation in the
Complaint that Respondents, Mayor Cheryl Cox and Councilmember Jerry Rindone
"[e]ndorsed recommended for compensation any commercial product or service in the
name of the city or in the employee's official capacity within the city without prior
approval by a city council policy."
It was MSUC (Starr/Searles) that that portion of the complaint, EC01-2008 that met the
facial requirement of the code be noticed, and set for a probable cause hearing at the
Board's next regularly scheduled meeting on August 20, 2008, at 3:30 p.m.
4. Revisions to Chapter 2.28 Assignment of Unrevised Board of Ethics Code
Sections to Specific Board Members for Workup.
Board members were assigned unrevised portions of Chapter 2.28 to revise and/or edit
as they saw fit to provide feedback at the board next regularly scheduled meeting as
follows: 2.28.010, Searles; 2.28.020 and 2.28.025, German; 2.28.030 and 2.28.040,
Norma; 2.28.050, Glanz and Searles; 2.28.060 and 2.28.070, Starr; 2.28.080 and
2.28.090, Jemison; 2.28.100 and 2.28.110, Acton.
5. Board of Ethics Appointment Process.
Board members were provided with information concerning the procedure for the Board
of Ethics appointment process, Chapter 2.25 already in place by the Mayor and City
Council offices. Per Chapter 2.25.050(D): "The Mayor shall forward applications for
membership on the Board of Ethics to a panel consisting of at least two City Managers
in San Diego County, excluding Chula Vista. The panel shall review the applications,
interview applicants, and make a recommendation to the City Council for appointment."
6. Vote for New Chair and Vice Chair.
It was MSUC (Starr/Glanz) to approve the nomination and election of German as Chair.
It was MS JC (Toothman/Jemison) to approve the nomination and election of Starr as
Vice Chair.
7. Board of Ethics 2007-2008 Summary of Activities.
Discussion ensued among the board regarding materials to include, and not in the
board's s Immary of activities. Board members included the number of complaints
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resolved, addition of new board member, new membership selection criteria,
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establishment of protocol for receipt of complaint, set goals for next fiscal year including
revisions to the ethics code, and requested new recording equipment. Additionally,
Chair German included a request for verbatim meeting minutes. Chair German signed
the 2007-2008 Summary of Activities for submission to the City Clerk's Office.
8. Oral Communications.
There were none.
9. Member Comments
There were none.
10. Staff Comments
There were none.
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ADJOURNMENT AT 5:00 p.m. to the next regularly scheduled meeting at 3:30 p.m.
Joyce x
Recording Secretary
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