HomeMy WebLinkAbout1995/12/07 Board of Ethics Minutes
CITY OF CHULA VISTA, CALIFORNIA
MINUTES OF A
BOARD OF ETHICS MEETING
December 7, 1995
City Attorney's Conference Room
4:15 P.M.
MEMBERS PRESENT:
Susan Herney,
Cochrane, virgil
Billy Kelley
Richard Schulman, Douglas
Whitehead, Joanne Carson, and
MEMBERS ABSENT:
None
OTHERS PRESENT:
Lorraine Kraker, Secy. to City Attorney
The meeting was called to order by Chair Herney at 4:20 p.m.
1. Oral Communications.
None.
2. Roll Call.
Roll was called and all members were present.
3. Approval of Minutes
MS (Carson/Cochrane) to approve
circulated. Motion approved
Schulman noted he would like to
the Board agenda notice.
the
5-1
see
minutes of November 2, 1995 as
(Herney abstained). Member
the Mission Statement added to
4. Member's Comments.
Members Carson and Whitehead brought in one-liners from the
Josephson Institute for distribution.
Chairman Herney shared three newspaper articles with the Board:
. 12/5/95 Union Tribune article regarding Mayor Susan Golding
losing her bid for an ethics panel.
. 10/21/95 L.A. Times article announcing the firing of the
Executive Director of the Los Angeles Ethics Commission.
. 11/28/95 Union Tribune article relating to Cox communications
agreeing to pay a $42,000 fine for reimbursing employees who
made campaign contributions.
Susan Herney mentioned she had a copy of the August 25, 1995
edition of the U/T containing a column on religion and ethics
wherein ethical questions were submitted to school children. Ms.
Herney would make it available to any of the members who wished to
Board of Ethics
12-07-95 Minutes
Page 2
see it. Chairman Herney agreed to contact the ethics and religion
editor, Sandi Dolbee.
Douglas Cochrane noted the selection process for the Board of
Ethics, by going through the jUdicial system, is an excellent one.
Member Kelley queried if anyone knew if the procedure regarding
criminal activity for 10 years prior to the date of appointment had
been verified. Chairman Herney responded she did not know, but had
sent a letter to each of the applicants notifying them of the city
Code provision.
5. Follow Up on Ethics Proqrams.
Member Schulman will contact the city Manager's secretary, at the
behest of the Board, to schedule a date to be placed on the agenda
for the department head meeting.
Susan Herney noted the motion of the Board at its November meeting
to write a letter to the Chamber of Commerce to be included in
their program. She will draft a letter before their Board meeting
next Wednesday and FAX to Lorraine. Billy Kelly mentioned
spreading the word to the other committees such as the Education
Committee and Economic Development. The Chamber starts its
business year on January 6 and Ms. Herney can obtain a list of the
committee chairs and write the letter generically to ask that it be
distributed to each committee.
Member Cochrane questioned if it is appropriate for the Board to
use city letterhead. The secretary will check with Jeri Gulbransen
regarding the use of the City's logo and seal. In addition, she
will check on costs for printing a ream of letterhead. It was
agreed to include the Mission statement across the bottom of the
page and Board of Ethics underneath the city logo.
6. Mission statement Workshop - Part II.
The Board decided to carry this item over to the next agenda.
7. Disposition of Penny Allen Matter.
Chairman Herney noted the newspaper articles regarding Ms. Allen
distributed with today's agenda. The FPPC concluded Penny Allen
violated conflict of interest provisions of the Political Reform
Act. Ms. Herney requested the City Attorney to follow-up with the
FPPC to determine if the $3,500 fine had been paid. The Attorney's
office was informed the fine had been paid in full.
Board of Ethics
12-07-95 Minutes
Page 3
At the 6/26/95 Ethics meeting, a motion was made to table the
matter until the issue is no longer in the jurisdiction of the
FPPC. Now that the matter has been dealt with by the FPPC, Chair
Herney solicited opinions as to what to do.
Member Cochrane felt at a minimum a letter of censure should be
sent stating displeasure over the actions taken by Ms. Allen.
Richard Schulman and Virgil Whitehead agreed it's a legal issue and
advice is needed from the City Attorney. Chair Herney noted a 60-
day meter exists in the City Code for investigation of complaints
and our procedures need to be checked. However, in the broad sense
this is clearly another reason for educating b/c/c's and use this
as an opportunity to stress education.
It was decided to table this matter until the Board has the benefit
of legal counsel.
8. Ethics Ordinance Amendment.
The ordinance needs to be reviewed to determine if there are holes
that need fixing when the Board is faced with a complaint and what
options are available.
9. Campaiqn contribution Ordinance.
Susan Herney spoke to the City Attorney with regard to the Campaign
Contribution ord inance. The secretary distributed the latest
version approved by the City Council at its December 5, 1995
meeting which deletes campaign Debt and Independent Expenditure
Committees.
General discussion ensued with the following comments: (1) forms
should be more specific and detailed with a brief explanation of
what money is spent for (2) recommend a city office enforce the
specifications on the form (3) the City Clerk should issue a
summary of the contributions to make it easier for the public to
understand and (4) make sure the public knows who supports
candidates.
It was decided the Chairman would discuss with the City Attorney
whether or not to invite the city Clerk to attend the next meeting.
The next meeting will be held on either January 4 or January 11,
1996 depending on the city Attorney's calendar.
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12-07-95 Minutes
Page 4
MSUC (Schulman/Kelly) to adjourn the meeting at 5:30 p.m. Those
members wishing to stay to view the ethics video from Boeing were
welcome to do so.
cP~ {L.q{~
Lorraine A. Kraker
C:\ethics\minutes\12-07-95