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HomeMy WebLinkAbout1996/04/29 Board of Ethics Minutes CITY OF CHULA VISTA, CALIFORNIA MINUTES OF A BOARD OF ETHICS MEETING April 29, 1996 city Attorney's Conference Room 3:45 P.M. MEMBERS PRESENT: Susan Herney, Richard Schulman, Virgil Whitehead, and Billy Kelley MEMBERS ABSENT: Joanne Carson OTHERS PRESENT: Bruce Boogaard, City Attorney Lorraine Kraker, Secy. to City Attorney Toni McKean, Training Coordinator David Allen The meeting was called to order by Chair Herney at 3:45 p.m. 1. Oral Communications. None. 2. Roll Call. Roll was called and all members were present except Joanne Carson who asked to be excused due to an emergency staff meeting. 3. Approval of Minutes from March 25. 1996. MSUC (Schulman/Kelley) to approve the minutes of March 25, 1996. 4. Discussion of Two Case Specific situations on the Grounds that thev are Moot because they have been Adiudicated outside of the Jurisdiction of the Ethics Board. Chair Herney noted that allegations in regard to Penny Allen were investigated by the FPPC which levied a fine against her and Bob Fox was indicted on a misdemeanor with a plea to resign from his Council seat. Therefore, the matters are before the Board today for closure. MSUC (Schulman/Kelley) to drop the matters and remove from the table any further discussion. Virgil Whitehead suggested sending a letter to the individuals expressing the fact that what they have done in not in the best interests of the city. Attorney Boogaard stated we do not have a factual basis on which to send such letters since we have not conducted an investigation. There are problems with the Ethics ordinance that need to be corrected. The city Attorney noted the provisions of S2.28.050.B. dealing with the specific prohibitions of unethical conduct. Member Kelley stated the two individuals have been evaluated and at this point their situations can only be used as a textbook case for the Board Board of Ethics 4-29-96 Minutes Page 2 to analyze and in the future to develop strengths and weaknesses. since no individuals came forward, there was a lack of good samaritan participation, perhaps caused by a lack of knowledge of the procedures, and we might need a re-education of our mission statement. The board members can learn to move quicker to adopt changes and amendments within the guidelines we have to deal with. (David Allen left the meeting at 4:10 p.m.) 5. Update on Ethics Presentation and Other Items bv Toni McKean. . with the Torch Run, Jeri Gulbransen has been tied up, but hopefully she will check on the one-liners shortly. . The Ethics Seminar has been set for June 10 from 1-4 p.m. and formal invitations will be going out next week. Toni is planning on showing one of the videos and, per Richard Schulman's suggestion, having a panel. She asked for participation from the Board. It was suggested Sandi Dolbee, the Religion and Ethics Editor from the San Diego Union/Tribune, be invited. . Toni reported at the end of March, the Planning Department held a workshop wherein Departmental Values were reviewed and accepted by the Planning Department as a whole. She will provide a copy to Lorraine for distribution. Richard Schulman discussed the comprehensive report prepared by Ken Larsen on Ethics. He felt it was excellent job and Ken should be invited to participate in the panel. Virgil Whitehead stated the hierarchy have to be in concert with the departments in corporate ethics guidelines. He had a copy of GTE's Standards of Business Conduct. 8. Discussion of citv Departments' Code of Ethics. At the February I, 1996 Ethics meeting, the City Manager informed the members that February was the deadline for submittal of City Department's Code of Ethics. As of Apr iI, Member Schulman reported a number of major departments have failed to prepare their statements which is a real problem in terms of priorities which needs to be noted. Toni will follow-up with the departments whose statements are missing. MSUC (Schulman/Whitehead) to have the Chair draft an appropriate letter to the City Manager inquiring which city departments have complied with the deadline. Board of Ethics 4-29-96 Minutes Page 3 6. status of Vacancies on Board of Ethics. Lorraine reported she had spoken to Judge Hendrix' secretary shortly before today' s meeting. The Judge has interviewed the candidates and his top three recommendations are: (1) Chester DeVore (2) Jean Rogers and (3) Juan Gonzales. The Judge will be notifying the Mayor of his selections shortly. 7. Renewal of Membership in the Josephson Institute of Ethics. This item was continued from last month in order for Toni McKean to check if the Library was a member. Toni reported the Library was not a member. MS (Whitehead/Herney) to renew the institutional membership at a' cost of $65. Motion carries 3-0-1 (with Member Kelley abstaining). The City Attorney reported in accordance with the Charter, it was necessary to have four affirmative votes to approve the motion. 9. Member's Comments. Member Schulman commented he had reviewed the campaign statements on file in the Office of the city Clerk which interesting. A brief discussion ensued regarding regulations. finance he found campaign 10. Ethics Ordinance Amendment. It was decided to wait until a full Board is present before attempting to review the amendments. Virgil Whitehead would like a copy of any documents relating to ethics such as the Code of Incompatible Activities, Brown Act, etc. Susan Herney suggested starting with the revisions to the Code and compiling a list of related documents as the Board goes along. The City Attorney recommended having a workshop session to work only on the ordinance amendments. A meeting will possibly be set on June 7 or the first Friday Joanne Carson will be available. Lorraine will check with Joanne. If Toni McKean would like a meeting, the Board can meet on May 13, 1996. MSUC (Schulman/Whitehead) to adjourn the meeting at 5:05 p.m. d?~c:/(~ Lorraine A. Kraker C:\ethics\.inutes\4-29-96