HomeMy WebLinkAbout1994/10/12 Board of Ethics Minutes
MINUTES OF A
BOARD OF ETHICS MEETING
CITY OF CHULA VISTA, CALIFORNIA
October 12, 1994
city Attorney's Conference Room
3:00 P.M.
MEMBERS PRESENT:
Harriet Acton, Jerry McNutt, Richard Schulman
Joanne Carson
MEMBERS ABSENT:
Susan Herney
(unexcused)
(excused)
Martha
villegas
STAFF PRESENT:
Bruce M. Boogaard, city Attorney
The meeting was called to order by Chairperson Acton at 3:10 p.m.
MSUC (Schulman/Mcnutt) to approve the minutes of the October 3,
1994 meeting.
Item 4 - Development of a Training Program for Other Boards and
commissions.
Member McNutt reported The Josephson Institute charges $6500 for a
half-day session and $7500 for a full day, plus expenses such as
airfare for Mr. Josephson to fly down from Marina Del Rey. There
would be no limit to the amount of people who could attend and he
felt it would be worthwhile pursuing donations from major companies
such as Pacific Bell, SDG&E, Rohr, McMillin and EastLake to assist
in funding the training. It would be a tax write-off for the
companies who would also benefit by sending their people to the
training. Mr. Josephson would be available during the months of
November, December and February and would tailor the program to the
city's needs.
Member Schulman questioned if there would be an ethical problem in
asking the developers to contribute. Attorney Boogaard stated
there would not be, but there is always the appearance of getting
something for nothing. Member McNutt inquired about the
possibility of the Council funding the training. Mr. Schulman
discussed the prospect of having a City employee in the Personnel
Department or the city Attorney's office trained and he/she could
teach other employees and members of boards and commissions. The
Board reviewed other potential resources for ethics educational
programs developed by the Subcommittee such as the Regional
Training center, UCSD, USD and the International City Management
Association. Chairperson Acton stated it would be a good idea to
involve the Personnel Director in the Board's discussions involving
training. MSUC (Carson/Schulman) that the Subcommittee meet with
Candy Boshell to discuss areas of funding and potential training
resources and report back at the next meeting.
Board of
10/12/94
Page Two
Ethics
Minutes
Item 5 -
Ethics Ordinance Amendment
The Board decided
organization, until
present.
to postpone review of section 2.28.100
the next meeting when Susan Herney could be
Discussion ensued regarding whether the city has a "whistle blower"
ordinance. Attorney Boogaard responded that the city did not, but
there was federal and state legislation in place for such purposes.
chairperson Acton reported that was part of the original concept
but was diluted because the Board was informed each union has a
regulatory setup.
Other sections were reviewed by the Board as to whether or not
anonymous complaint letters could be accepted; retaliation for such
complaints if not justified, the addition of definitions to the
code; employee's responsibility to report unethical or illegal
activities and conflict of interest. Attorney Boogaard drafted a
change to S2.28.060 - Advisory opinions, which the Board concurred
in, as follows:
"2.28.060 Advisory opinions.
When a "Public Servant. includinq a Covered Emplovee"
Counoilmcmser or other offieial has douBt a question or concern
reqardinq the ethics of a situation in which the Public Servant is
directlv affected or involved. or reqardinq as to the applicability
of a provision of this Code to a particular situation, said Public
Servant mav make written inquiry oaeuld se made to the Board of
Ethics for an advisory opinion. and the Ethics Board shall have the
authoritv to render such advisory opinions. Said person should be
guided by that opinion when given. The Ceuneilmcmsero or ether
offieialo Public Servant shall have the opportunity to present
their interpretation of the facts at issue and of the applicable
provisions of the Code as well as other ethical considerations
before such advisory decision is made".
The next meeting is scheduled for Monday, November 14, 1994 at 3:30
p.m.
MSUC (Schulman/Carson) to adjourn the meeting at 4:20 p.m.
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Lorraine Kraker
C:\ethics\101294.Min