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HomeMy WebLinkAbout1996/01/11 Board of Ethics Minutes Corrected 2-1-96 CITY OF CHULA VISTA, CALIFORNIA MINUTES OF A BOARD OF ETHICS MEETING January 11, 1996 Parks and Recreation 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 Each of the following attended a portion of the meeting: Bruce M. Boogaard/Ann Moore/Peggy McCarberg Beverly Authelet, City Clerk vicki Soderquist, Deputy city Clerk Toni McKean, Training Coordinator The meeting was called to order by Chair Herney at 4:15 p.m. 2. Oral Communications. None. 3. Roll Call. Roll was called and all members were present except Billy Kelley who arrived at 4:20 p.m. 1. Discussion with city Clerk re Campaiqn contribution Reportinq. Chairman Herney invited the city Clerk to today' s meeting to discuss the general topic of campaign contributions and reports from independent expenditure committees (" lEes") . Ms. Herney inquired if a local ordinance were adopted to make campal.gn contributions and lECs parallel, would there be an additional burden on the city Clerk. Deputy City Clerk Soderquist provided an overview of the Clerk's role as follows: . campaign statements and lECs are filed semi-annually. . Most PACs are not organized PACs and are for expenditures on behalf of or against a candidate. . Forms are approved by the State Legislature. . The City Clerk is the filing officer for the State and date stamps the forms as received. . Violations are strictly enforced by the FPPC and DA. . Press and opposing candidates are the watchdog for violations. 4. Approval of Minutes. MSUC (Schulman/Cochrane) to approve the minutes of December 7, 1995 as circulated. Board of Ethics 1-11-96 Minutes Page 2 5. Member's Comments. Member Cochrane inquired about discussion of the Penny Allen matter. since it was not on the agenda, it will be discussed at the next meeting. Virgil Whitehead noted the article in the Chula vista Quarterly regarding ethics and distributed a copy of letters to the editor from the San Diego Union of 12/27/95 dealing with the ethics panel in San Diego. Per direction at last month's meeting, Susan Herney prepared a letter to Sandi Dolbee regarding the Board of Ethics and the upcoming Ethics Program and asked the members for comments. The members agreed the letter would be finalized by Lorraine and sent as drafted. Ms. Herney also prepared a draft letter to Chris Lewis, President of the Chamber of Commerce, regarding the city's ethics program. The consensus was to move the first sentence of the third paragraph to the beginning of the letter. Richard Schulman suggested adding the fact that he and Toni made a presentation to Leadership Chula vista and the Chamber could check with Frank Scott for additional information. 6. Follow Uo on Ethics PrOqrams. Toni McKean reported Mayor Golding will not be attending the January 30, 1996 training. Toni will be writing a letter to the Chairs of the b/c/c's. Candy Emerson will be preparing a letter to staff inviting them. Ms. McKean stated she will be speaking to the Planning commission on January 17 at 5 o'clock. Chair Herney inquired if Toni needed help. She responded she would like assistance in meeting and greeting the attendees and was hoping to have a panel group discussion with members from the Board to field questions and comments. Ms. Herney stated possibly the panel could include a cross-section of city staff, Planning Commission, etc. to provide decisionmaking in all arenas. Richard Schulman felt it would be a good idea if the Mayor could give a brief introduction as an official welcome. Member Whitehead asked if any other departments were working on guidelines and a set of directives. Toni noted most of the departments were engrossed in the budget process presently and were looking at serious cutbacks if departments have their budgets cut by 10%. She stated the department heads met all day Monday to explore ways of combining departments. In light of that, most departments were not placing ethics guidelines as a top priority. Board of Ethics 1-11-96 Minutes Page 3 Richard Schulman stated unethical behavior can come out during cutbacks and is an important message for employees. Susan Herney mentioned ethical decisionmaking could be pitched to department managers which could serve as a model as challenges in the budget are faced. Billy Kelley observed our actions should be directed to the City Council and city Manager at a minimum. If the city Manager goes on record that ethics is important, it gives a foundation and ethics training will go smoother by setting guidelines from the top. It is important that the city Manager and Mayor promote the training that is scheduled for January 30. Vigil Whitehead was in concert with Member Kelley and wanted to write a letter to the Mayor simply stating a set of guidelines be adopted by the departments within six months. Member Schulman disagreed because the City council already endorsed the concept. Discussion ensued regarding the possibility of postponing the January 30 training due to the budget crisis and delaying the training until such time as it is more favorable. (Susan Herney left the meeting at 5:20 p.m.) Toni McKean stated she would contact the Mayor and the City Manager to see if they wished to delay the meeting. MSC (Kelley/Whitehead) that this Board request, through the Mayor, the presence of the city Manager for directions on how he will implement the approved Council agenda regarding ethics and departmental instructions. Motion carried 4-1-1 (Herney absent, Schulman opposed). Member Schulman was in favor of inviting the city Manager to the meeting, but did not wish to go through the Mayor. The secretary was requested to draft a brief letter to the Mayor to invite the City Manager to the next meeting. 7. Mission Statement Workshop - Part II. The Board decided this item was completed. 8. Ethics Ordinance Amendment. continue until the next meeting. 9. Campaiqn Contribution Ordinance. continue until the next meeting. 10. Status of Vacancy on Board of Ethics. Board of Ethics 1-11-96 Minutes Page 4 A copy of the letter written to the presiding Judge requesting his reV1ew of applicants to serve on the Board was attached for the Board's information. No new applications have been received during the posting period which the Board attributed to the holidays. 11. Report from Vice-Chair re Meetinq with Department Heads. (Previously covered earlier in the meeting. 12. printinq of Letterhead for Board of Ethics. The secretary reported black and white letterhead could be printed for approximately $10/ream. MSUC (Schulman/Carson) to approve the printing of letterhead in black and white. In regard to the Penny Allen matter, Attorney Boogaard advised the Brown Act allows a item to be placed on the agenda with a four- fifth's vote if there is a finding the item cannot wait until the next meeting. The consensus was to agendize the matter for next month. Member Schulman inquired if there was potential liability for the City or for the Board members as individuals if they were to take action to draft a letter of censure. Bruce M. Boogaard responded the city would defend and indemnify the Board if they were within the course and scope of their role. Richard Schulman requested the Board be provided with background material. He asked the City Attorney to formally notify Bob Fox and Penny Allen of an opportunity to address the Board. The next meeting will be held on February 1, 1996 at 4:15 p.m. MSUC (Cochrane/Carson) to adjourn the meeting at 6:05 p.m. 2/l1~M~ 14-~1-/ Lorraine A. Kraker C:\ethics\linutes\1.11-96