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HomeMy WebLinkAboutcc min 1979/08/22 MINUTES OF THE PUBLIC HEARING ON THE CONFLICT OF INTEREST CODE Held Wednesday - 2:00 p.m. August 22, 1979 A public hearing was held by the City Manager of the City of Chula Vista, California, on the above date beginning at 2:00 p.m. in the Council Chamber, Public Services Building, 276 Fourth Avenue. Present: City Manager Cole, City Attorney Lindberg, City Clerk Fulasz, Assistant City Manager Asmus PUBLIC HEARING - This being the time and place as advertised, City Manager CONFLICT OF INTEREST CODE Cole opened the public hearing. Letter from Ken Goldkamp Mr. Cole said he received a letter from Ken Goldkamp, Senior Civil Engineer, in which Mr. Goldkamp concluded that he could not "build a case that would justify his not being included." Mr. Goldkamp added that the Associate Civil Engineer position should be included in the list of the designated employees. Jack O'Neill Mr. Cole remarked that he received a telephone call from Planning Commissioner Jack O'Neill, Planning Commissioner, who felt that Category "A" (S) needed clarification. It states that "all inclusive reportable investments ... worth more that $1,000... shall be disclosed ... in a City related business entity... Mr. O'Neill stated he has more than $1,000 worth of stock in Rohr. Under paragraph 5, it indicates that indirectly or beneficially, he must also have to have a 10% interest in the total business. City Attorney's opinion Mr. Lindberg stated that Mr. O'Neill would simply have to file a disclosure stating he owned $1,000 "plus" in Rohr Corporation. Mr. Lindberg referred to the Board of Ethics and the Ethics Code which governs the conduct of the employees of the City and commented that he personally could see nothing gained by the adoption of this Conflict of Interest Code. However, the City is being pressured into adopting the Code by the State of California. After reviewing the Code as written, Mr. Lindberg noted there were some inconsistencies which will be corrected. One amendment which will be made to the Code is that "any business which conducts a business requiri a business license pursuant to the ordinance of the City would necessitate a disclosure." Jim Fuller Mr. Fuller said he is representing the positions of Parking Chu]a Vista Employees Meter Attendant and the Purchasing Agent. He asked for Association clarification of Category "A" -- what is a "City-related" 4004 Kearny Mesa Blvd. business, and questioned why the two positions were included San Diego in the Code. City Attorney Mr. Lindberg said it would require the disclosure of any business that does business in the City which, in turn, requires a business license. As to why the Parking Meter Attendant was chosen, Mr. Lindbe said the position also covers the assignment of business lic inspector and the inclusion is based on this part of the position. Held Wednesday - 2:00 p.m. - 2 - August 22, 1979 Mr. Fuller commented that the other position in question was the Purchasing Agent; however, they realize the fairness of including this position, and therefore, have no further comments to make. Armando Liuag Mr. Liuag said he felt that neither the Assistant nor the Associate Planner Associate Planners should be included in this Conflict of Interest Code. They are not in a position to make any decisions - their work (reports) are reviewed by a Superviso: the Planning Director and ultimately the Planning Commission Mr. Liuag added that he views the entire Code toward those employees "which might be subject to bribery." If this is the case, then all police officers should also be included. This same holds true for the Zoning Enforcement Officer, Parking Meter Attendant, Public Works Inspectors and those positions below the Senior Engineers. Jane Diedrichs Mrs. Diedrichs asked who would be monitoring new positions Deputy City Clerk as they come into the City. City Manager Cole stated it would be the Personnel Officer - she will notify the City Clerk. For those persons who claim under Category "A" that they have $1,000 or more investment, Mrs. Diedrichs asked if that would disqualify them from making a judgment in any decisiol involving that company. Mr. Lindberg stated it would not disqualify that person unless that interest was over and above what is required in the Code. These questions (participation in actions) would normally be referred to the City Attorney. In answer to Mrs. Diedrichs' question as to how the Deputy City Clerk would be involved in a decision-making process, Mr. Lindberg said it is clear that the position of City Cler] is one of great responsibility in the City in terms of decision-making that could affect economic interests - for whatever reasons decisions are made, she could influence those decisions - and the Deputy City Clerk acts in that capacity during absences of the City Clerk, which is the reason for her inclusion. Joe Dordahl Mr. Dordahl asked who was pressuring the City to adopt this 710 Gretchen Road Code and what would be the penalties if the City did not do Chula Vista this. Mr. Lindberg remarked that there is now pending litigation on this entire matter since a number of cities have indicate~ they did not wish to adopt this Code. The City of Chula Vlsi has "dragged" this out now for about five years and has heel contacted by the Fair Political Practices Commission to adopl this code. Ken Goldkamp Mr. Goldkamp asked that his comments (letter) be entered Senior Civil Engineer into the record. A question that he posed in his written 8695 Chantilly Avenue communication to the City Manager was that if one of his San Diego children owns common stock in an out-of-state power company must that be declared? The power companies through power hook-ups might sell electrical energy to SDG&E which does business in Chula Vista. Mr. Lindberg said his response at the moment would be "no"; however, the professionals who monitor these Codes might ponder over this question for many months. Held Wednesday - 2:00 p.m. -3 - August 22, 1979 As to providing the City employees with "free" legal advice regarding the disclosures, Mr. Lindberg stated that this ordinance repeals the existing Conflict of Interest Code which indicates that those persons who have sought and received the advice of the City Attorney are exempt from the consequences of any act they perform in reliance upon such opinion. In answer to Mr. Goldkamp's question, Mr. Lindberg said there is "almost zero" confidentiality as to these disclosur( City Clerk's statement City Clerk Fulasz commented that all disclosures will be on file in her office - they are deemed public records and open at all times to public inspection. Persons who refuse to Mr. Fuller asked the Attorney what happens to those persons disclose (if any) that refuse to file a disclosure statement. Mr. Lindberg stated this is a criminal sanction. If the Council adopts this ordinance, anyone not filing would be turned over to the District Attorney for prosecution. Included in Code Mr. Cole said he would be including the position of Director of Policy Analysis and Program Evaluation, and the Assistant Street ~intenance Superintendent. Gene Grady Mr. Grady said he does not oppose providing the City Clerk, Director of Building City Manager and Council with a statement of his assets, but and Housing he does oppose to it being a public record for anyone to 6275 0tay Mesa Road come in for whatever purpose they desire to use against him San Diego or his family. Redevelopment Attorney The City Clerk questioned the inclusion of the Redevelopment inclusion Agency Attorney. Mr. Lindberg indicated he would be include, City Manager's comments Mr. Cole remarked that all comments made today would be carefully considered; that inclusions and exclusions would be reviewed and then sent on to the Council for a public hearing. All parties will be notified of the date of the hearing. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. ADJOURNMENT City Manager Cole adjourned the meeting at 2:42 p.m.