HomeMy WebLinkAbout1994/11/14 Board of Ethics Minutes
MINUTES OF A
BOARD OF ETHICS MEETING
CITY OF CHULA VISTA, CALIFORNIA
November 14, 1994
city Attorney's Conference Room
3:30 P.M.
MEMBERS PRESENT:
Harriet Acton, Susan Herney, Jerry McNutt,
Billy Kelley, Martha Villegas, Richard
Schulman and Joanne Carson
MEMBERS ABSENT:
None
STAFF PRESENT:
Bruce M. Boogaard, City Attorney
OTHERS PRESENT:
Mayor Tim Nader
The meeting was called to order by Chairperson Acton at 3:30 p.m.
MSUC (Schulman/Carson) to approve the minutes of the October 12,
1994 meeting.
Mayor Nader requested Agenda Item 5 "Mayoral Proposed Charter
Amendments to Grant Board of Ethics Charter Status and to Grant
them Authority to Administer Voluntary Spending Limits for
Candidates Campaigning for City office" be moved up on the agenda
in that he had a commitment he needed to attend.
Mayor Nader proceeded to explain presently we cannot prevent
independent expenditures or limit what a candidate can spend.
Under his proposal, if all candidates agreed to spending limits, we
could enact voluntary limits which would be announced a certain
period of time ahead of the election, with notice being sent to the
City Clerk and every candidate. No later than 12 months prior to
a regularly scheduled election, the Board of Ethics would hold a
public hearing for the purpose of taking evidence and testimony
regarding the spending limits and no later than 11 months prior to
the election, the Board shall adopt a voluntary spending limit for
city campaigns.
The Board of Ethics was selected to prescribe voluntary campaign
spending limits and become the fifth Charter-authorized Commission
because their unique appointment process is free from taint of
being influenced by politicians. It is suggested that members be
appointed by the council upon recommendation by a judge of the
Municipal or Superior Courts seated in the South Bay District.
General discussion ensued by the Board and the Mayor regarding the
Supreme Court ruling of Bucklev v. Valeo and First Amendment
rights, timing of campaign mailers to be "hit pieces", accounting
mechanisms by City staff, effective date for 1998 election.
Board of Ethics
11/14/94 Minutes
Page 2
since this matter is being considered by the Charter Review
Commission, a motion was made by Acton, seconded by Villegas to
table this until after review by the Charter Review commission.
Motion failed 7-0.
MSUC (Carson/Villegas) to have Chairperson Acton make contact with
the Charter Review Commission Chairperson and suggest that they put
this on their agenda for November 28, 1994 and then bring it back
for the Ethics agenda of the January, 1995 meeting. Chair Acton
requested Vice-Chair Herney make said contact.
Agenda Item 3 - Development of a Training Program for Other Boards
and Commissions.
Subcommittee Report:
Susan Herney reported on the Subcommittee's meeting with Director
of Personnel, Candy Boshell. Ms. Boshell suggested a proposal be
made to the City Council for authorization to expend up to a
certain dollar amount for an ethics workshop. A Request for
Proposal could be promulgated to consultants and/or trainers to
present a work program to include in-house training for
approximately 7 hours. Invitees would include the City Council,
the three appointed employees, Chairman of every board/commission,
city staff assigned to each board/ commission, the Board of Ethics.
Richard Schulman hoped that Candy might be able to assist the Board
in writing up an RFP. Ms. Boshell also recommended having the
Training Director attend this program so she would be able to train
key administrators. Martha Villegas mentioned that it might be
helpful if the Vice-Chair of all b/c/c could attend as well.
Of the outside sources available, the Josephson Institute is the
best unique sole source. Member McNutt would like to see a
definitive statement of work in the RFP. Attorney Boogaard pointed
out it could be also be prepared as a Request for Qualification
wherein we would have some latitude as consultants would present us
with their qualifications. Member Schulman suggested that Chula
Vista be a leader in this area and set the standard for other
cities.
MSUC (Schulman/Carson) to excuse Martha Villegas at 5:30 p.m. for
a work commitment.
Board of Ethics
11/14/94 Minutes
Page 3
Agenda Item 4 - Ethics Ordinance Amendment.
MSUC (Schulman/Carson) the Board agreed to defer this matter until
the next meeting when the City Attorney will set forth a corrected
version of the proposed changes to Chapter 2.28.
Member McNutt requested that FPPC be contacted to obtain a copy of
their handbook on conflict of interest and campaign contributions
and inquire as to whether or not they are aware of any cities
adopting voluntary regulations. Member Schulman asked that a copy
of the city's election regulations and/or campaign contributions be
distributed to the Board as well.
The Secretary advised the Board about the upcoming boards and
commission workshop scheduled for January 26, 1995 at 5:30 p.m.
Member Carson commented on keeping the meetings to approximately 1-
1/2 hours in length in order to adjourn by 5:00 p.m.
MSUC (Acton/Carson) to adjourn the meeting at 5:40 p.m. to the next
scheduled meeting on December 12, 1994 at 3:30 p.m.
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Lorraine Kraker
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