HomeMy WebLinkAbout1994/12/12 Board of Ethics Minutes
MINUTES OF A
BOARD OF ETHICS MEETING
CITY OF CHULA VISTA, CALIFORNIA
December 12, 1994
City Attorney's Conference Room
3:30 P.M.
MEMBERS PRESENT:
Harriet Acton, Susan Herney, Jerry McNutt,
Billy Kelley, Richard Schulman, Joanne Carson
and Martha villegas (arrived at 3:50 p.m.)
MEMBERS ABSENT:
None
STAFF PRESENT:
Bruce M. Boogaard, City Attorney
John D. Goss, city Manager
The meeting was called to order by Chairperson Acton at 3:40 p.m.
MSUC (Herney/Schulman to approve the minutes of the November 14,
1994 meeting with the following correction: Page 2, 3rd paragraph,
3rd sentence, change 1-1/2 hours to 7 hours.
Review of Final Form of Report sent to citv Council on Ethics
Workshop.
The Board discussed the city Manager's memo of December 8, 1994
promulgated to the City Council regarding the Board's agenda item.
Member Schulman commented he would like an opportunity to meet with
the City Manager to resolve any differences before the item goes to
Council. The Secretary contacted Mr. Goss and asked him to meet
with the Board at 4:15 p.m. today.
Susan Herney brought the Board up to date since the last meeting on
how the A-113 evolved to its present format. Member Carson
inquired if the Manager was upset because we did not ask for his
input earlier. Susan Herney commented that the report was
submitted on December 2, the designated day for submittal of agenda
items for the 12/13 meeting. Attorney Boogaard stated that
Administration perceived this as a threat to the city Manager's
jurisdiction. Susan Herney felt the Board of Ethics was
extraordinarily clear about its jurisdiction applying to a limited
number of people, but mandatory attendance by the City Council
would convey an important commitment to the remainder of the city.
Member Schulman liked the idea of having the training for a small
group, whereas, Member McNutt figured as long as we were paying
Josephson for the training, we may as well invite as many as
possible. Attorney Boogaard reported that the Josephson Institute
had given a session on ethics at the League of California cities
for 400-50.0 people and felt he did an excellent job. Concern was
raised if there would be enough interaction with a large group and
time for a question and answer period.
Board of Ethics
12/12/94 Minutes
Page 2
Susan Herney pointed out that the configuration could be refined
and more clearly defined if the Josephson Institute has an
opportunity to do a needs survey at the January 26, 1995 b/c/c
workshop. Jerry McNutt commented that Josephson will tailor the
program to the city's needs.
Susan Herney stated we can't waste time for more tinkering if we
are to engage the Josephson Institute prior to 1/26/95. The Board
expressed concern that the money issue would be a red flag and it
was recommended that Council be asked to fund the training and have
the City Manager decide where the funds would come from. Member
McNutt expressed appreciation for the city Attorney's support on
this agenda item.
Harriet Acton discussed an article in "Ethics Journal" regarding
the National Business Ethics Survey Findings and Susan Herney
distributed an excerpt from the Association of Community College
Trustees dealing with "An Exercise in Ethical Decision Making".
The secretary was asked to circulate copies to the City Council.
John Goss joined the meeting at 4: 15 p.m. Member Schulman
attempted to address the City Manager's concerns and said it would
be preferable if everyone were in agreement when the item goes
before the Council.
Mr. Goss explained in further detail the issues raised in his memo
regarding cost and other training opportunities. He was concerned
about Council seeing the whole picture because they might question
how this fits into the overall budget and it's important for
Council to look at priorities. He was interested in using other
funding sources such as the Council contingency Fund to pay for the
training and explained it should be referred to staff to determine
whether to support it and that perhaps it could be included in the
next fiscal year's budget If it were to be an appropriation from
the General Fund, it would take a four-fifth's vote.
Mr. Goss raised a second point of exactly what the consultant would
do. Member McNutt states it would be tailored to the city's needs
and Member Herney commented how an RFP could be let with a general
title and not go into a full blown agenda prior to the workshop
since time is of the essence.
Member Schulman reported on his contacts with the League of
California Cities, City of Los Angeles, various local universities
and no one could identify anyone other than the Josephson Institute
as the best source for the presentation. Jerry McNutt explained
when Mr. Josephson presented his seminar before the County, there
Board of Ethics
12/12/94 Minutes
Page 3
were 300-400 people, and he left the participants with the tools to
analyze and make decisions. The session was not boring, but very
lively and anyone who attended came out a winner.
Jerry McNutt inquired as to what kind of time line we would be
looking at if the item were returned to staff. Billy Kelley
questioned what role would an in-house trainer perform. Mr. Goss
answered that would be the most critical part and it would be the
responsibility of the trainer to have fOllow-up sessions with the
City Council, board and commission members and staff people who
were unable to attend the seminar. Mr. Kelley further questioned
if there was any requirement in the city's training program that
this type of subject be covered and was informed there was none.
MSUC (Herney/Carson) to continue Agenda Item No. 4
Ordinance Amendment) to the next meeting. Attorney
requested everyone review his revisions to Chapter 2.28
the next meeting.
(Ethics
Boogaard
prior to
Agenda Item No. 5 (Budget for FY 94/95) was discussed briefly and
it was requested that the secretary return at the next meeting with
projected figures for next fiscal year.
Attorney Boogaard distributed a copy of section 1.08 of the civil
Service Rules relating to Discipline.
Susan Herney reported on her attendance at the Charter Review
Commission meeting on November 28, 1994 wherein the same proposals
were discussed. The Commission decided to send the item to the
whole City Council via a written communication to be placed on an
upcoming council agenda.
MSUC (Schulman/Villegas) to adjourn the meeting at 5:15 p.m. to the
next scheduled meeting on January 9, 1995 at 3:30 p.m.
ci2~v~~~'
Lorraine Kraker
C:\ethics\1212g4.~in