HomeMy WebLinkAbout1994/10/03 Board of Ethics Minutes
MINUTES OF A
BOARD OF ETHICS MEETING
CITY OF CHULA VISTA, CALIFORNIA
October 3, 1994
city Attorney's Conference Room
3:30 P.M.
MEMBERS PRESENT:
Harriet Acton, Susan Herney, Jerry McNutt,
Richard Schulman (Oath of Office at 3:45 p.m.
10/3/94 in order to have a quorum)
MEMBERS ABSENT:
Donald Swanson (unexcused) Martha Villegas
(excused)
STAFF PRESENT:
Bruce M. Boogaard, City Attorney
The meeting was called to order by Chairperson Acton at 3:55 p.m.
MSUC (Acton/Herney) to approve the minutes of the september 12,
1994 meeting with the following changes:
Page 1, last paragraph: "This could only occur if members of an
Ethics 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."
Page 2, second paragraph: Add an "s" to the word "board" and
hyphenate the word "decisionmaking" in the third paragraph.
Member Herney had some comments in regard to her motion on Page 3,
but since it was an agendized item for today's meeting, she would
defer further comment.
Item 3.
Development of a Training Program for other Boards and
commissions.
This item was placed on the agenda at the request of Member Swanson
who is not in attendance. The members discussed various resources
that might be available for a presentation such as the Josephson
Institute, universities in Los Angeles and a USD Rabbi Adjunct
Professor. Chairperson Acton asked Richard Schulman and Susan
Herney if they would form a subcommittee to investigate potential
resources and a budget to provide training to other boards and
commissions, elected officials and possibly employees. The City
Clerk had an annual boards and commissions workshop and it is hoped
that the training presentation for the boards and commissions could
be tied into her workshop. The subcommittee will report back at
the next meeting.
Board of Ethics
10/3/94 Minutes
Page 2
Item 5.
Discussion of Interview Process and possible Ordinance
Amendment.
Attorney Boogaard discussed various changes he is making to Chapter
2.28 of the Municipal Code in that the statement of jurisdiction is
ambiguous and further clarification is needed for unethical conduct
not constituting criminal or quasi-criminal behavior.
In regard to section 2.28.110 - Organization, Attorney Boogaard
gave a history of the procedure for appointments to the Ethics
Board by the Presiding Judge of the South Bay Municipal Court. The
present presiding Judge has notified the Mayor that he does not
feel it is appropriate for the judicial branch of government to
make appointments to legislative boards.
Discussed ensued among the Board members for selection of another
person who could be an neutral independent third party to assist in
the selection process. A retired judge, minister, rabbi, law
professors and/or students, the Board of Ethics itself or a
supermajority of the Council were mentioned as possibilities.
Attorney Boogaard drafted the following language which was
concurred in by the members:
A. The Board shall be composed of seven members appointed by the
city Council for a term of four years, as prescribed by the
provisions of the City Charter and the Municipal Code of the
city of Chula vista. Prior to exercisinq their authority to
appoint a person to membership. t~he city Council shall be
reElliired "Ee olil3mit refer for recommendation the list and
qualifications of applicants candidateo to the Presiding Judge
of the South Bay Municipal Court Judicial District or his or
her desiqnee. who shall review the list of applicants and
their qualifications. and who shall select not less than five
(unless the total number is less than five. in which case all
shall be selected) for the purpose of conductinq in-person
interviews and who shall conduct such interviews. If said
Judqe or desiqnee declines or fails to review such applicants.
or conduct such interviews. or make such recommendations. than
the Council shall interview such applicants themselves
personallY. and may make an appointment iointlv passed with
four affirmative votes. and oealt tae jlidlJa'o recel!\Rlenaatien
.,ita ralJard te appeintments. No such person mav be appointed
as a member. or shall be entitled to retain their membership.
if he or she has been convicted of a crime involvinq moral
turpitude. or has been found to have committed a violation of
the Fair Political Practices Act.
Board of Ethics
10/3/94 Minutes
Page 3
Item 4 relating to public acknowledgment that an Allegation is
pending was briefly addressed by Attorney Boogaard in his proposed
changes to Chapter 2.28, but will be discussed more fully at the
next meeting which is scheduled for Wednesday, October 12, 1994 at
3:00 p.m.
The meeting adjourned at 5:20 p.m.
cf)VL4< Y'6~-JJRV
Lorraine Kraker
C:\ethics\10394..in