HomeMy WebLinkAbout2002/01/15 Board of Ethics Minutes MINUTES OF A
BOARD OF ETHICS MEETING
CITY OF CHULA VISTA, CALIFORNIA
January 15 , 2002 City Attorney' s Library 3 :45 p .m.
The meeting was called to order by Chair Culver at 3 : 50
p.m.
1 . Roll Call :
MEMBERS PRESENT: Kenneth Culver, Jean Rogers, Rudy
Ramirez, Joanne Carson, Juan Gonzales, Ricardo
Gibert
MEMBERS ABSENT: None
STAFF PRESENT: Deputy City Attorney Nora Smyth
2 . Approval of Minutes of November 20 , 2001 :
MSUC (Gibert/Gonzales) to approve the minutes of the
meeting of November 20 , 2001 with the following
corrections :
Juan "Rodriguez" is changed to Juan "Gonzales" ; Member
"Carver" is changed to "Culver" .
Item No. 4 - Board of Ethics Expansion of Jurisdiction is
changed to read as follows :
"The Board held a discussion regarding the expansion of
its jurisdiction to include appointees to regional
boards and commissions . The Board presented their
inquiries to Deputy City Attorney Nora Smyth and she
advised the Board that any expansion must be approved by
City Council .
MSUC (Ramirez/Rogers) to approve Motion to recommend
that Deputy City Attorney Nora Smyth draft a revision to
CVMC Section 2 . 28 . 020 to expand the jurisdiction of
Board of Ethics in accordance therewith. "
Member Ramirez inquired about criteria for minutes . He
indicated that discussion items were not adequately
recorded in the minutes of past meetings . Discussion
ensued regarding the inclusion of action items, motions and
members' comments in the minutes . Chair Culver requested
that documentation of minutes capture all the motions and
action items that the Board discussed. If there are
Board of Ethics Minutes
January 15, 2002
Page 2
substantive discussions on a topic, he would like to have
those reflected.
3 . Discuss Future Goals of the Board:
There was a general discussion regarding the Code of
Ethics, Brown Act training and review of rules and
procedures . Chair Culver stated that he would like to
present training on investigative procedures at the next
Board of Ethics meeting.
Rudy Ramirez stated that he would like the community to
become more aware of the existence of the Board of Ethics .
He and Member Jean Rogers volunteered to draft sample
language regarding the role of the Board of Ethics and the
complaint process . They agreed to have the draft available
for the Board' s review at the February meeting. It was
suggested that the information be included in the
"Spotlight" which is inserted in Chula Vista residents'
trash bills .
It was noted by the Board that Mayor Horton has drafted a
letter to the Presiding Judge of the Superior Court
requesting review of the applicants to fill the vacancies
on the Board.
Member Carson asked when Brown Act training would be
scheduled. Deputy City Attorney Nora Smyth will contact
the Office of Development and Training to set up the
training which will include financial disclosure
information.
The Board also expressed an interest in having a notice
printed in the Star News regarding actions taken by the
Board of Ethics .
4 . Discuss Expanding the Jurisdiction of the Board of
Ethics
Deputy City Attorney Smyth reported on amending Chula Vista
Municipal Code Section 2 . 28 . 020 to include "all Board
Members and Commissioners appointed by the City Council" .
It would be illegal for the City Council to give the Board
that authority. She stated that the City Council cannot
blanketly delegate duty to someone else . For example, an
appointee to the Port Commission is not governed by the
Code of Ethics; State law prevails . An appointment by the
City Council to represent the City of Chula Vista on a
regional board or commission is not subject to the Chula
Vista Code of Ethics .
Board of Ethics Minutes
January 15, 2002
Page 3
Member Ramirez expressed a wish for the Board to render an
opinion and make a recommendation to the City Council
regarding an unethical breach.
5 . Oral Communications :
There were none .
6 . Member' s Comments :
Juan Gonzales stated that he thinks the Board has some good
solid goals in which to move forward.
Ricardo Gibert asked a question regarding the accessibility
of the complaint process forms .
Member Ramirez stated again that he would like the minutes
to memorialize discussions and actions that were taken.
Member Carson noted that she would like to see a summary
only and not a lengthy, narrative .
Member Ramirez asked that the following be recorded in the
minutes : In August 2001, the Board had a discussion about
the newspaper articles on the ethical issues revolving
around the appointed Port Commissioner from Chula Vista.
The Board had a discussion on that subject and were told
that the Code of Ethics did not apply because the appointed
commissioner was not under the jurisdiction of the Board of
Ethics or the Code of Ethics for the City of Chula Vista.
The Board moved to recommend to the City Council that the
language of the Code be amended so that commissioners
appointed by the City of Chula Vista could fall within the
jurisdiction of the Code of Ethics . The Board drafted
language and were subsequently rendered a legal opinion
that because State law prevails, it would not be proper for
the Board to act .
Chair Culver spoke briefly regarding Board members making
public statements, such as editorial letters to newspapers .
He discussed the potential for such statements to later
harm the perception of objectivity of the member or of the
Board.
The meeting adjourned at 5 : 05 p.m. to the next scheduled
meeting on Tuesday, February 19, 2002 at 3 :45 p.m. in the
City Attorney' s Library.
Recording Secretary
C:\Minutes\Ethics Jan02