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HomeMy WebLinkAbout1995/09/11 Board of Ethics Minutes CITY OF CHULA VISTA, CALIFORNIA MINUTES OF A BOARD OF ETHICS MEETING September 11, 1995 City Attorney's Conference Room 3:30 P.M. MEMBERS PRESENT: Harriet Acton, Susan Herney, Richard Schulman, Jerry McNutt, Billy Kelley, Martha Villegas and Joanne Carson (arrived at 3:45 p.m.) MEMBERS ABSENT: None STAFF PRESENT: Bruce M. Boogaard, City Attorney Toni McKean, Training Coordinator Lorraine Kraker, Secy. to City Attorney The meeting was called to order by Chairman Acton at 3:30 p.m. 1. Roll Call. Roll was called and all members were present except Joanne Carson who arrived at 3:45 p.m. 2. Approval of Minutes. MSUC (Schulman/Kelley) to approve the minutes of August 14, 1995 as corrected to show two separate motions. MSUC (Carson/Schulman) in light of the urgent nature and time sensitiveness, the Board will consider "Leadership Chula vista" today. MSUC (Carson/ Schulman) to request the Acting Chairman to carry to the Chamber of Commerce Board meeting on Tuesday, August 15, 1995, the Board of Ethics request to be placed on the 9/26/95 session on Local Government. 3. Letter from Judqe Varqas reqardinq Nominations for Board of Ethics. Chairman Acton noted the August 30, 1995 letter from Judge Vargas recommending three applicants to be appointed to the Board of Ethics. They are: Lionel G. MCQuillon, Douglas E. Cochran and Virgil W. Whitehead. The city Council is scheduled to ratify the appointments at its September 12, 1995 meeting with the new members being sworn in on September 19, 1995. Chairman Acton mentioned eight years ago, the Board asked all major cities whether they had a Code of Ethics. The cities of Los Angeles, New York and Philadelphia adopted such Codes. Los Angeles' Code was the only one which created financial penalties. The first person who was fined sued the city and challenged Los Angeles' ability to levy fines. It is interesting to note an article in the July 26, 1995 Sun, that o. J. simpson's lead Board of Ethics 9-11-95 Minutes Page 2 attorney, Johnnie Cochran Jr., was fined $1,750 by the city's Ethics Committee for exceeding campaign contribution limits during the June 1993 municipal election. 4. Discussion of Mission statement. The Board reviewed the versions of the Mission statement prepared by Susan Herney and Jerry McNutt. Harriet Acton read Paragraph 2 of S2.28.010 of the Municipal Code which sets forth the Board's purpose. Susan Herney stated her first paragraph is the Mission statement and the four points are the actual functions. Member Villegas remarked Mr. McNutt's version was more broad and Ms. Herney's indicated more responsibilities. Member McNutt reported he was striving for a concise statement in light of Member Kelley's suggestions last month. Joanne Carson felt the two could be combined. Attorney Boogaard questioned if there was a difference between public service principles and ethical values. Member Herney suggested a workshop to further explore the Mission statement. with the new members involved, it would be a good way to focus on a consensus. 5. Implementation of Council's Action of 9/5/95 reqardinq Board of Ethics' Recommendation on Ethics Awareness Seminar Discussion with Toni McKean. Member Acton noted she did not receive a Certificate for her attendance at the Ethics Seminar. Toni McKean assured her she would follow up with her staff and forward one to Harriet. Toni McKean reported she will now be receiving copies of the Board of Ethics minutes. She will be discussing with the Director of Personnel more details relating to her training responsibilities and hopes to have an implementation schedule by 9/25/95. Richard Schulman appeared at the 9/5/95 Council meeting and gave a brief overview of the report. The Council supported the Board's recommendations and Councilman Rindone felt Recommendation 8 should not only include informal meetings but also a published schedule of meeting dates. The Board proceeded to review each of the recommendations to determine the appropriate course of action: 1. Continue the position of the resource person on a permanent basis. This is essential in order that potential "clients" within the City know that there is an ongoing commitment to this program. Board of Ethics 9-11-95 Minutes Page 3 It was determined that the position is in the budget for this year. 2. All board and commission members should receive at a minimum annual review of (1) Brown Act (2) FPPC Conflict of Interest and (3) an opportunity to participate in an "Ethics Beyond the Code" type workshop emphasizing ethical awareness. Applications for commission positions and the board/commission/ committee handbook should reflect this expectation. Susan Herney remarked at the last b/c/c annual meeting, there was little time afforded to the City Attorney for his presentation and hopefully at the next session, there could be a better defined agenda. Richard Schulman expressed the hope Toni McKean could do her program periodically. Attorney Boogaard questioned if there was a fixed presentation. Toni responded she had huge resources available to her and could do what Michael Josephson did, but make it a more abbreviated session. She thought twice a year would be a good idea or if there was time available, go to each commission. Joanne Carson had a concern about time in that it's difficult for people to spend all day in a training session. Susan Herney suggested the best use of time might be to have training sessions videotaped which each new member could watch as a foundation and be gi ven appropriate handouts. Ms. McKean observed it could be a combination of tape and live. It was suggested professional assistance might be obtained through interns at Southwestern College, San Diego State or Chula vista High School for videotaping purposes. The applications for b/c/c membership need to reflect the training aspect referred to in No.2. Member Carson suggesting using the first four lines of No. 2 to be included on the application form. city Attorney Boogaard discussed with the City Clerk the addition of such language to the application form. 3. The Council should encourage, by a personally signed letter by the Mayor, to all boards, commissions, committees and individual department heads, a discussion of ethical issues at all levels of decision making; and each of such groups should be encouraged to formulate, if they have not already done so, and publicize to the members of their groups, an individualized Code of Ethics relevant to their specific trade, profession or organization. In some instances, there may already be a professional Code of Ethics in existence applicable to a certain organization such as law or public administration, which would serve this purpose. Toni McKean reported the Planning Department is working on a code of values and ethics as a departmental project. Board of Ethics 9-11-95 Minutes Page 4 It was decided Chairman Acton would contact the Mayor to see if she wanted the Board to draft a letter for her signature in connection with No.3. After January 1, Toni McKean anticipates having a three-hour ethics training session for all city employees. 4. This program should be brought to the attention of the general public and employees through the City's quarterly newsletter, press releases, and other media. 5. The City should encourage efforts in the community to raise ethics standards such as the "Character Counts" Program in the schools and through City departments such as Parks and Recreation and the Library. 6. Have Cox Cable scroll messages across the television screen during 'the airing of the Council meetings in order to make the public aware of the ethics program. It was the consensus of the Board Items 4, 5 and 6 should go to the city Manager's office for a response, even though Toni might Ultimately be responsible for carrying it out. The city Manager's office directs how they would want this structured and Jeri Gulbranson is the person dealing with the media who could assist in the quarterly newsletter, press releases and Cox Cable. Member Schulman suggested inviting John Goss or his designee, possibly Jim Thomson, to attend the next meeting to discuss the implementation of Items 4, 5, and 6. The secretary will invite the Manager's office. Billy Kelley pointed out the Board is an advisory committee who makes recommendations, but we need to let the process take place and if we push harder, the City is not learning. 7.. Have the Josephson tapes available at the Library for the general public and City departments. Toni McKean reported the tapes are being catalogued and available at the Library. Billy Kelly and Martha asked to be excused at 4:55 p.m. As this was Harriet Acton's last meeting as Chairman, she expressed the sentiment that in the last eight years, she has learned more than she has given and thanked everyone for their contributions including the City Attorney and staff. Board of Ethics 9-11-95 Minutes Page 5 Jerry McNutt thinks it's an appropriate time for the Board to move ahead as the city council is receptive to making ethics more pronounced. He also thanked the city Attorney for his assistance. MSUC CHerney/McNutt) to adjourn the meeting at 5:05 p.m. to their next meeting scheduled for Monday, September 25, 1995 at 3:30 p.m. Following the meeting on Monday, September 25, 1995, the Board plans to go out to dinner. cfJ~~ Lorraine Kraker C:\ethics\linutes\9-11-95