HomeMy WebLinkAbout1994-09-12 BOE AGENDA NOTICE OF A REGULAR MEETING
BOARD OF ETHICS
CITY OF CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT THE BOARD OF
ETHICS OF THE CITY OF CHULA VISTA WILL MEET IN
A REGULAR SESSION ON MONDAY, SEPTEMBER 12,
1994, AT 3:30 p.m. IN THE CITY ATTORNEY'S
CONFERENCE ROOM, CITY HALL, 276 FOURTH
AVENUE, CHULA VISTA, CALIFORNIA, TO CONSIDER
THE FOLLOWING:
1. Roll Call.
2. Approval of Minutes from August 11, 1994 meeting.
3. Oral Communications - This is an opportunity
for the general public to address the Board of
Ethics on any subject matter that is not an item
on this agenda.
4. Order of Business for Probable Cause Hearing on Contentions Relating to
Penny Allen:
I. Jurisdictional Issues
A. Unethical v. Prosecutorial Conduct.
1. Does the Ethics Commission have the authority to investigate matters
which are the subject matter of a pending criminal or criminal-type
investigation or proceeding?
a. Section 2.28.050 (B) (1)
2. Should the Ethics Commisson have such authority?
B. Fresh Complaint Rule
1. Does the Ethics Commission have the authority to investigate contentions
of unethical conduct greater than 60 days after suspicion of unethical
behavior arises?
I declare under penalty of perjury that 1 am employed
by the City of Chula Vista in the office of the City Attorney
1 and that 1 posted this Agenda/Notics on the Bulletin
Boards at the Public Services Building and at
City Hall on
Dated 9-8-`l`f g —
Si ne sv-u-�� 'tom
a. Section 2.28.090 (A)
2. Even if it has the authority, should it investigate contentions of unethical
conduct after 60 days?
a. Are the 60 days stayed by a prosecutorial-type investigation?
b. Is there an appropriate staleness period that defeats the purpose
of the Commission?
H. Nature of Probable Cause Proceedings
A. Purpose: To determine if there is probable cause to believe that an ethical
violation occured.
1. Section 2.28.150 (A).
B. Standard: Is there sufficient evidence, if believed, that a Covered Official may
have committed an ethical violation.
C. Fairness: The Covered Official should be given notice of the proceedings and
the opportunity to present evidence and argument, and question and confront
evidence against them.
D. Caution: Regardless of whether we may or may not have a right to injure the
reputation of a Covered Official, if error is to be made, great consideration should
be given to avoiding undue injury to the reputation of a Covered Official. Many
commission positions are unpaid, volunteer positions filled by persons who donate
their free time to help the City conduct its business out of a concern for the welfare
of the City and public service, and we need to be cautious, without sufficient
evidence, to chill volunteer enthusiasm to help the City in that effort. That is not
to say that the Commission can not or should not fulfill an important charge to
maintain the highest of ethical behaviors among Covered Officials.
III. Unethical Conduct.
A. Section 2.28.050 provides:
112.28.050 Unethical Conduct.
A. General Policy. One of the highest callings is that of public service.
With that service comes a requirement to conduct oneself in a manner
above reproach, since the citizens of the community expect and
deserve a high standard of conduct and performance. This Code of
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Ethics provides the following general guidelines and specific
prohibitions to which City officials must conform in the pursuit of
their assigned duties and responsibilities.
1. All City officials should endeavor to fulfill their obligations to
the citizens of Chula Vista, city management and fellow
employees through respect and cooperation. They should strive
to protect and enhance the image and reputation of the City,
its elected and appointed officials, and its employees. All
citizens conducting business with the City shall be treated with
courtesy, efficiency and impartiality and none shall receive
special advantage beyond that available to any others. Officials
shall always be mindful of the public trust and confidence in
the daily exercise of their assigned duties, striving to conserve
public funds through diligent and judicious management.
B. Specific Prohibitions. City officials (including non-paid commission,
board and committee members) shall be considered to have committed
unethical conduct if any of the following occur:
1. Used one's position or title for personal gain but not found to
be an act of illegality or conflict of interest by the District
Attorney, Grand Jury or Fair Political Practices Commission.
2. Knowingly divulge confidential information for personal gain
or for the gain of associates in a manner disloyal to the City.
3. Knowingly make false statements about members of the City
Council or other City employees that tend to discredit or
embarrass, those persons.
4. Used or permitted the use of City time, personnel, supplies,
equipment, identification cards/badges or facilities for
unapproved non-City activities, except when available to the
general public or provided for by administrative regulations.
5. No ex-City officer for a period of one year after leaving office
or employment, shall, for compensation, act as agent or
attorney for, or otherwise represent, any other person by
making any oral or written communication, before any City
administrative office or agency, or officer or employee thereof,
if the appearance or communication is made for the purpose of
influencing administrative action, or influencing any action or
proceeding involving the issuance, amendment, awarding, or
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revocation of a permit, license, grant, or contract, or the sale
or purchase of goods or property.
6. Endorsed or 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."
B. Distinguish: "Conflict of Interest" concepts:
1. Participate in decision making process
2. Material Effect
3. Financial Effect
4. Distinguishable from the public generally
C. Distinguish: "Appearance of Impropriety"
IV. Issues. By stating them herein, nothing is intended to presume the truth of the
allegations. That's why they are phrased in the form of questions.
A. Fenton Materials Vote.
1. Did Penny Allen, as a member of the Coastal Conservancy, participate in
a decision of the Coastal Conservancy in November or December 1993 to buy
property from Fenton Materials for about $1,000,000?
2. Was Fenton Materials via Western Salt via EastLake a source of income
for Penny Allen?
3. Did Ms. Allen know this? U.T. Article, April 30, 1994 reports "no".
B. EastLake EIR Vote.
1. At the May 5, 1993 Economic Development Commission meeting, did Ms.
Allen vote to recommend that the city spend $100,000 in federal grant money
on an environmental impact report for the EastLake Business Park?
2. Was EastLake a source of income for Ms. Allen? The Union Tribune
Newspaper article reports that she received more than$10,000 between May,
1989 and August, 1993.
C. Otay Ranch Support Vote.
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1. At the April 7, 1993 meeting of the Economic Development Commission,
did Ms. Allen vote to support the Otay Ranch Project, sponsored by
Baldwin?
2. Was Baldwin a source of income for her? UT Article reports that she
started a $6,000 contract 9 days after the vote to advise Baldwin how to
educate people and garner support for the project, with no contact with the
City. Per the U.T. Article, she apparently admits being in negotiation for the
contract at the time of the vote.
V. Evidence/Information.
A. Minutes of Economic Development Commission meetings for April 7, 1993 and
May 5, 1993.
B. Union Tribune Article of April 30, 1994.
C. Coastal Conservancy Minutes for November and December, 1993.
D. Statements of Economic Interests.
E. Letter from David Allen
Board of Ethics Secretary
Notice Dated: 9/8/94
Uethics\notice
The City of Chula Vista, in complying with the American With Disabilities Act, request
individuals who require special accommodation to access, attend and/or participate in a
City meeting, activity or service request such accommodation at least forty-eight hours in
advance for meetings and five days for scheduled services and activities. Please contact
Lorraine Kraker for specific information at 691-5037 or Telecommunications Devices for
the Deaf (TDD) at 585-5655. California Relay Service is also available for the hearing
impaired.
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