HomeMy WebLinkAbout1995/01/30 Board of Ethics Minutes
MINUTES OF A
BOARD OF ETHICS MEETING
CITY OF CHULA VISTA, CALIFORNIA
January 30, 1995
City Attorney's Conference Room
3:30 P.M.
MEMBERS PRESENT:
Harriet Acton, Susan Herney, Jerry McNutt,
Billy Kelley, and Richard Schulman
MEMBERS ABSENT:
Joanne Carson (excused) and Martha Villegas
(unexcused)
STAFF PRESENT:
Bruce M. Boogaard, City Attorney
The meeting was called to order by Chairman Acton at 3:40 p.m.
MSUC (Schulman/McNutt) to approve the minutes of the January 17,
1995 meeting.
Aoenda Item 3 - Discussion reoardino Council Meetino of Aoenda
Report on Alternatives for Providinq Traininq on Ethics in
Government.
The members discussed the city Council meeting regarding the above.
The members wished to coordinate with staff to make sure the
Board's intent is carried out and Susan Herney, Jerry McNutt or
Richard Schulman, would makes themselves available to assist staff
in any way possible to organize the effort. The selection of a
date was addressed regarding a Saturday vs. a weekday and the
ramifications of both.
Susan Herney reported the Josephson Institute was having a training
session in Marina del Rey in March, which was not specifically for
public agencies, but she would advise the Director of Personnel
because the expenses would be considerably less.
Billy Kelley suggested sending a letter to City staff extending a
point of contact or representative, but going beyond that would be
inappropriate and it's up to the City to use the Board's expertise.
MSUC (Kelley/Herney) to forward a letter from the Board indicating
one of three members (Herney, McNutt and/or Schulman) are available
as a representative or liaison to assist staff in setting up the
ethics training with the Josephson Institute.
Aqenda Item 4 - Evaluation of Board/Commission/Committee Workshop.
The Board members commended the City Attorney for his presentation
on the Brown Act/Conflict of Interest. Member McNutt inquired if
the Councilmembers had been given the training. Attorney Boogaard
responded they had not, but he hoped to extend his presentation to
Board of Ethics
1-30-95 Minutes
Page 2
the San Diego County city Attorneys Association Conference in
March, and perhaps, to the League of California cities.
Richard Schulman expressed disappointment that about half of the
audience had left prior to the Attorney's presentation. Jerry
McNutt suggested sending a letter to the Chairman of each of the
City's Boards and Commissions advising the City Attorney is
available for questions in case any of their members did not
participate in the workshop. He stated staff should decide if the
Brown Act training could be combined with the Josephson Institute
training.
Aqenda Item 5 - citv Attornev Memo reqardinq Amendinq the Ethics
Code provisions of the Municipal Code to Prohibit Emplovment of a
Former Elected citv Officeholder for a Period of One Year after
Leavinq Office.
Jerry McNutt questioned what effect such provision would have on a
City employee who was elected to office. Attorney Boogaard stated
such an employee would not be able to return to his former job for
a period of one year.
Richard Schulman pointed out he believed National City's civil
Service Rules gave employees such a right. He suggested a new No.
B might be added stating "notwithstanding any of the above
provisions, nothing contained in this ordinance shall take
precedence over the Civil Service Rules".
The Board discussed the policy implications of a person going from
a policymaker to employee. Harriet Acton pointed out the present
situation wherein the Superintendent of the School District has
been terminated and the Board of Trustees has offered him a
classroom position because he is tenured.
Susan Herney inquired if the provisions of No. 7 would affect the
City Council voting favorably on a sole source provider, who would
then make a councilmember a consultant later on. Attorney Boogaard
stated the provisions of No. 5 were designed to avoid influence
peddling as a policymaker.
Jerry McNutt's major concern was not to stifle someone who would
want to run for office but be deterred because of the provisions in
No.7. The civil Service Rules allow for reinstatement where an
employee can be placed on a reinstatement list, and appointed from
such a list, but it is not an automatic reinstatement.
Board of Ethics
1-30-95 Minutes
Page 3
Jerry McNutt further inquired if Councilmembers would be allowed to
serve on boards and commissions during the year following office
and the City Attorney responded they would. Member McNutt moved to
offer the provisions as drafted by the City Attorney in No.7.
(Motion withdrawn) Susan Herney suggested adding language relating
to consultants or contractual relationships, although Attorney
Boogaard pointed out we had to be careful with a person's
constitutional right to make a living. Jerry McNutt stated the
appropriate place to regulate such conflicts might be by including
language in the "request for bid" documents and volunteered to
check with the County regarding their rules.
Richard Schulman felt it would be appropriate to hold this item
over to the next meeting in order that the Attorney could draft
additional language incorporating the Board's concerns.
Aqenda Item No. 6 - Ethics Ordinance Amendment.
It was decided to hold this item over until the next meeting.
MSUC (Herney/McNutt) to adjourn at 5:10 p.m. to the next meeting
scheduled for February 15, 1995 at 3:30 p.m.
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Lorraine Kraker
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