HomeMy WebLinkAbout1995/03/06 Board of Ethics Minutes
I
I
CITY OF CHULA VISTA, CALIFORNIA
MINUTES OF A
BOARD OF ETHICS MEETING
March 6, 1995
City Attorney's Conference Room
3:30 P.M.
MEMBERS PRESENT:
Harriet Acton, Jerry McNutt, Billy Kelley,
Joanne Carson, and Richard Schulman
MEMBERS ABSENT:
Susan Herney
(unexcused)
(excused) ,
Martha Villegas
STAFF PRESENT:
Bruce M. Boogaard, City Attorney
The meeting was called to order by Chairman Acton at 3:45 p.m.
Roll was called and all members were present except Members Herney
and Villegas. MSUC (Carson/McNutt) to excuse Susan Herney due to
a scheduling conflict.
MSUC (Schulman/McNutt) to approve the minutes of the February 27,
1995.
Aqenda Item 3 - Ethics Ordinance Amendment.
S2.28.010 - Purpose of Code of Ethics
The Board discussed the provisions of !;2. 28.010 and determined
there were three purposes: (1) establish jurisdiction (2) establish
ethical standards and (3) create a Board of Ethics.
Member McNutt questioned adding "government employees" to the last
sentence of the section, however, Member Schulman suggested using
"all city" employees in the first sentence of the second paragraph.
The second paragraph will now read:
The purpose of this Code is to create the Board of Ethics, judge
ethical behavior of specific covered officials and to render advice
to all city employees and officials.
S2.28.020 - Jurisdiction of Board of Ethics.
Richard Schulman asked if the Board could address a double jeopardy
type issue. Attorney Boogaard pointed out the proposed provisions
of Subsection B included unethical conduct (1) not subject to
prosecution by state or federal authorities (2) or which is subject
to such prosecution but such authorities have declined to
investigate or prosecute, or delayed such investigation or
prosecution for an unreasonable time.
Member Schulman discussed adding a Subsection C "where the conduct
does not meet the legal standard for guilt in the judicial system
but reasonable grounds exist to determine that unethical conduct
I
I
Board of Ethics
3-6-95 Minutes
Page Two
has taken place and recommend to the Council that some other
sanction take place". Attorney Boogaard informed him this was
covered under the proposed language but suggested adding "either by
the completion of the criminal process, or lapse of the statute of
limitations to prosecute criminally" to the section.
Chairman Acton asked if it is determined that an act was a
premeditated move to defraud, what happens before an elected
official must leave office. The Charter states if a councilmember
is convicted of a felony or a crime involving moral turpitude, the
City Council makes the call ~o remove a member.
Richard Schulman inquired if acts of omission are covered, e.g.,
if the City Manager closes his eyes to unethical behavior, is he
acting unethically? Attorney Boogaard responded to be an ethical
violation, you have to have a state of mind component known legally
as a "mens rea" meaning a criminal intent.
Jerry McNutt asked if ex-city officials are defined somewhere and
it was agreed to add the phrase "for a period of one year after
leaving office" at the end of Paragraph A. Mr. McNutt further
suggested adding "advisory opinion" as delineated in Footnote 4 and
it was the consensus to add the language contained in 52.28.060 as
Subsection C to 52.28.020.
Billy Kelley questioned "reasonable" vs. "factual" basis in
52.28.150 and it was agreed to use both phrases therein.
Attorney Boogaard proposed homework for the members in trying to
think of a violation which is not a criminal act, but is unethical.
Aqenda Item 4 - Ethics Traininq Update.
It was reported that Toni McKean was in Washington, D.C. for the
Train-the-Trainer session and the Board requested she attend their
next meeting to present a brief oral report on the training. The
presentation by the Josephson Institute on ethics has now been
scheduled for Saturday, June 17, 1995 from 9:00 a.m. to 4:00 p.m.
MSUC (Carson/McNutt) to excuse Billy Kelley from the Board's next
meeting due to military reserve training.
MSUC (McNutt/Carson) to adjourn at 5:20 p.m. to the next meeting
scheduled for March 20, 1995 at 3:30 p.m.
&~~
Lorraine Kraker
C:\ethics\.inutes\3-6-95