HomeMy WebLinkAbout1995/02/15 Board of Ethics Minutes
CITY OF CHULA VISTA, CALIFORNIA
MINUTES OF A
BOARD OF ETHICS MEETING
February 15, 1995
City Attorney's Conference Room
3:30 P.M.
MEMBERS PRESENT:
Harriet Acton,
Billy Kelley,
Schulman
Susan Herney,
Joanne Carson
Jerry McNutt,
and Richard
MEMBERS ABSENT:
Martha Villegas (excused)
STAFF PRESENT:
Bruce M. Boogaard, City Attorney
The meeting was called to order by Chairman Acton at 3:40 p.m.
Roll was called and all members were present except Martha Villegas
due to a work commitment. MSUC (Schulman/Carson) to excuse Martha
Villegas.
MSUC (Herney/McNutt) to approve the minutes of the January 30, 1995
meeting. (Carson abstained) .
Aqenda Item 3 - Amendment to the Ethics Code to Prohibit Emplovment
of a Former Elected citv Officeholder for a Period of One Year
after Leavinq Office.
The Board discussed the provisions provided by Jerry McNutt
relating to the County's ordinance and procedures relating to
prohibited contracts.
The Board reviewed the Attorney's latest amendment to Section
2.28.050 which added a Subsection 7 in order to respond to the
above Council referral. The consensus was to change the words
"elected officeholder" to "covered official" in the subsection and
to add special circumstances to the Council's finding.
The subsection will now read:
~ No "Covered Official" shall be eliqible. for a period of one
vear after leavinq office. for emplovment bv. or be on the
pavroll of. or be a paid consultant or paid contractor to the
ci tv. or to anv enti tv controlled bv the ci tv or the ci tv
Council ("Controlled Entities"). or to any entitv which
receives a maioritv of its fundinq from the citv or of its
Controlled Entities. except bv the permission of the Council
findinq on 4/5ths vote that special identified and articulated
circumstances exist, cast at a reqular public meetinq taken
after the involved covered official has left office.
Board of Ethics
2-15-95 Minutes
Page 2
MSUC (McNuttjHerney) to approve Subsection 7 as amended.
It was noted that Section 2.28.020 would have to be amended as well
to include the term "Covered Official". city Attorney Boogaard
pointed out that the use of "Covered Official" is an expansion
beyond the referral of the city Council and would operate to
preclude from City employement a larger pool of people. He further
pointed out that the evil that was intended to be corrected by the
proposed amendment was the use of "influence" to create a position
that the decisionmaker would later take advantage of and that it
does not appear the same potential for influence exists at the
commission level as at the Council level. The Board formed the
consensus that any imprecision created by the broad brush use of
"Covered Official" could be corrected, if an unjust circumstance
developed, by the Council's use of the super-majority vote
requirement and did not feel greater precision was required.
The Board desired Council to be apprised that although this item
was being forwarded now in response to the referral, it was not the
Board's entire recommendation relating to Ethics Code. The Board
will be processing its additional recommendations for Council
consideration.
Aqenda Item No. 4 - Budqet Update
The proposed
direction to
forward it on
budget of $600 was approved by the Board with
the secretary to prepare a budget transmittal to
to the City Council.
Aqenda Item
No. 5 - Ethics Traininq.
The Board reviewed the Director of Personnel's Informational Item
rorwarded to the Council on February 8, 1995. Discussion ensued
regarding the train-the-trainer session in March with concern
expressed by the members that Council had authorized such training
at its prior meeting. It was proposed that a letter be sent to the
Manager regarding the issue.
Aqenda Item No. 6 - Ethics Ordinance Amendment.
It was decided to hold this item over until the next meeting.
MSUC (SchulmanjHerney) to adjourn at 5:05 p.m. to the next meeting
scheduled for February 27, 1995 at 3:30 p.m.
cP~~
Lorraine Kraker
C:\ethics\.inutes\2.15.95