HomeMy WebLinkAbout1994/09/12 Board of Ethics Minutes
MINUTES OF A
BOARD OF ETHICS MEETING
CITY OF CHULA VISTA, CALIFORNIA
september 12, 1994
city Attorney's Conference Room
3:30 P.M.
MEMBERS PRESENT:
Harriet Acton, Susan Herney, Donald Swanson,
Jerry McNutt, Martha villegas
MEMBERS ABSENT:
None
STAFF PRESENT:
Bruce M. Boogaard, city Attorney
OTHERS PRESENT:
Susan Fuller and Ray Huard (San Diego Union-
Tribune)
The meeting was called to order by chairperson Acton at 3:45 p.m.
MSUC (SwansonjHerney) to approve the minutes of the August 11, 1994
meeting.
General discussion ensued regarding the two vacancies on the Board
and the letter received from Judge William Cannon wherein he felt
it was not appropriate for the judicial branch of government to
make appointments to legislative boards. City Attorney Boogaard
volunteered to call Judge Cannon and request interviews for
prospective candidates.
MSUC (HerneyjMcNutt) that the language in the Boards and
Commissions Handbook on Page 15 under "Vacancies - End of Term" be
clarified that if a BCC member does not want to serve after the
expiration of their term, but prior to its being refilled by the
council, that they so notify the respective Chair of their board.
It was requested that the Secretary provide a current list of Board
members and their expiration dates and the annual report.
Item 4- Probable Cause Hearing on contentions Relating to Penny
Allen:
Attorney Boogaard contacted the FPPC this morning to inquire if the
status on their investigation was open and pending, and FPPC
confirmed it was. Attorney Boogaard reported that the FPPC
investigator suggested that occasionally they sign cooperation
agreements with Board of Ethics, wherein the Board could, on their
behalf, conduct investigative proceedings. This could only occur
if members of an Ethics Board board would be able to conduct an
investigation and keep it confidential, which, of course, Chula
Vista could not due to requirements and regulations of the Brown
Act. Attorney Boogaard advised the FPPC he would bring it to the
Board's attention but that we cannot agree to confidentiality.
Board of Ethics
9/12/94 Minutes
Page 2
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?
City Attorney Boogaard discussed S2.28.050 of the Municipal Code.
Member Herney questioned the fact that FPPC sets specific
guidelines for conflict of interest of public officials. Did the
definition or the inclusion of our boards and commissions as public
officials result from an act of the City Councilor is that a
standard that is set by the FPPC? Attorney Boogaard responded it
is permitted by the FPPC but requires an act of the Council to
designate people to comply with the disclosure; the City makes that
decision by adopting a Conflict of Interest Code, adding
individuals in that Code, and thereby having them disclose their
information. No public official in any appointed or elected
position has any right to vote on a matter which is a financial
conflict of interest which is set by FPPC, with the disclosure side
being governed by the City Council.
Member Herney suggested one of the standards the Board might want
to look at is who sets the rule about who is included and covered.
She discussed the "Ethical Basis of Economic Freedom" by Ivan Hill
and proposed exploring if there is a general public interest in
equality of representation in the decision-making process.
Member Villegas wanted to clarify if the criminal investigation
supersedes the ethical proceeding. Attorney Boogaard concurred in
that fact because it has a significant consequence to the person
being investigated. She felt it was a moot point.
Attorney Boogaard presented an overview for the Board of the
conflict of interest law.
MS (McNutt/Villegas) to defer looking into the investigation until
after the FPPC makes their determination. Motion carried 4-1
(Swanson opposed).
The members of the Board suggested having an ethics component at
the boards and commissions annual workshop. Member McNutt
discussed the excellent seminar entitled "Definitions and
Principles of Ethics Decision Making in the Trenches" he attended
which was presented for San Diego County employees by the Josephson
Institute. Member Swanson wants to include on the next agenda an
Board of Ethics
9/12/94 Minutes
Page 3
item pertaining to developing a training program for other boards
and commissions.
MS (Herney/Swanson) that the procedure for the Board of Ethics
include a specific statement that the Board can make when a public
official's behavior is such that it constitutes or warrants
investigation by another body that has jurisdiction, that we
automatically say to the City Council the Board of Ethics has an
interest in this matter and is suspending investigation action
pending the outcome of the investigation taken by body ABC in its
jurisdiction, and to put the City Council on notice that at such
time we will, in fact, review it. This will avoid having the Board
of Ethics go through this procedural dilemma and it also informs
the public that we are not sitting here twiddling our thumbs and
are paying attention to ethical issues and only because it's in
another jurisdiction's ball park for the moment are we not dealing
with it. Member McNutt further suggested notifying the individual.
(Motion withdrawn by Herney for placement on the next agenda).
Attorney Boogaard recommended bringing to the next meeting an
ordinance amendment for the Board's scrutiny.
The next meeting is scheduled for Monday, October 3, 1994 at 3:30
p.m.
The meeting adjourned at 5:20 p.m.
dL~ ~k'1/
Lorraine Kraker
C: \ ethics\ 912994. .in