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