HomeMy WebLinkAbout2008-06-18 Board of Ethics Minutes ACTION MINUTES OF
BOARD OF ETHICS MEETING
CITY OF CHULA VISTA, CALIFORNIA
June 18, 2008 Executive Conference Room 3:42 P.M.
Chair German called the meeting to order.
1. Roll Call
MEMBERS PRESENT: Michael German, Felicia Starr, Norma Toothman;Todd Glanz,
and Anthony Jemison.
MEMBERS ABSENT: Harriet Acton,and Chris Searles.
Chair German advised that Member Jemison arrived at 4:00 p.m. and was previously
sworn in by City Council and was an active board member.
ALSO PRESENT: Joyce Malveaux, Legal Assistant, Cindy McNary, Legal
Assistant, and Shawn Hagerty, Esq. of Best, Best and Krieger as outside counsel to the
Board of Et ics.
2. Probable Cause Hearing ECO2-2006.
Chair German stated there had been an objection to his hearing-this matter made from
Castaneda. A discussion ensued regarding.whether or not German should recuse,
himself on the basis of the appearance of bias, an actual bias, or the probability_ of , >
actual bias. Castaneda made his argument surrounding the probability of actually bias.
German provided specific disclosures, 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. Hagerty clarified the law on bias for the board-
members to have a clearer understanding. "Additionally, Hagerty advised that the
decision ofecusal stood with the individual being accused of bias. Input was also
heard from IStarr, Glanz and Toothman. German respectfully declined the invitation to
recuse himself from hearing this matter.
The Board of Ethics then heard oral and written evidence from both Plaintiff identified as
Mark Croshier, represented by John Moot, Esq. and Respondent_Councilmember Steve
Castaneda.
It was MSUq (Starr/Toothman) to consider ECO2-2006 in closed.session. Glanz was
opposed. The board went into closed session at 5:54 p.m.
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The Board of Ethics reconvened from closed session at 7:17 p.m. Reportable action: It
was MSUC (German/Glanz) and adopted unanimously that the board finds no probable
cause exists to continue further handling ECO2-2006, and to defer all further action on
that matter to the Fair Political Practices Commission (FPPC").
3. Approval of the Minutes of January 16, 2008, February 20, 2008, and May 21,
2008.
It was MSUC (Starr/Toothman) to approve the minutes of January 16, 2008, February
20, 2008, and May 21, 2008. Jemison abstained, as he was not present at the
meetings approved.
4. Review of New Complaint EC01-2008.
It was MSUC (Starr/Toothman) to defer this matter to the next meeting.
5. Adopt Resolution 2008-001 — Resolution of the Board of Ethics Changing Place
and Schedule of Regular Meetings.
It was MSUC (Starr/Toothman) to adopt Resolution 2008-001. The Resolution 2008-
001 was adopted and signed off by Chair German.
6. Revisions to Chapter 2.28 Assignment of.Unrevised Board of Ethics Code
Sections to Specific Board Members for Workup.
It was MSUC (Starr/German) to defer this item to the next meeting.
7. -Board of Ethics Appointment Process.
It was MSUC (Toothman/Glanz) to defer this item to the next meeting.
8. Oral Communications.
There were none.
9. Member Comments
Jemison thanked the board for the opportunity of being on the board, and stated that he
looked forward to working with the board.
Toothman welcomed Jemison to the board and thanked board members for being
patient with both her and Glanz during the proceedings.
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German thanked Malveaux for her work over the last month.
German then stated that next month the board needed to focus on election of a new
chair and vice chair. German further provided that the bylaws as he understood it
required the chair to be elected at the July meeting.
10. Staff Comments
Malveaux reminded German the board needed to coordinate on the summary of
activities at the following board meeting.
ADJOURNMENT AT 7:27 p.m. to the next regularly scheduled meeting at 3:30 p.m.
Jo ce Ma), e�a-UIX
Recording Secretary
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