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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