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HomeMy WebLinkAbout1996/10/03 Board of Ethics Minutes CITY OF CHULA VISTA, CALIFORNIA MINUTES OF A BOARD OF ETHICS MEETING October 3, 1996 City Attorney's Conference Room 4:45 P.M. MEMBERS PRESENT: Richard Schulman, Joanne Carson, Jean Rogers, Chet DeVore and Susan Herney MEMBERS ABSENT: Juan Gonzales OTHERS PRESENT: Linda Bartz, Acting Deputy City Attorney David Malcolm, Port Commissioner (Present for Agenda Item No.4) The meeting was called to order at 4:50 p.m. 1. Roll Call. Roll was called and all members were present except Juan Gonzales who was excused due to a work commitment. 2. Approval of Minutes~ MSUC (Herney/Carson) to approve the minutes of September 16, 1996. 3. Oral Communications. There were no members of the general public present to address the Board on non-agenda items. 9. Member's Comments. Member's Comments were taken out-of-order. Commissioner DeVore expressed concern over Frank Scott's correspondence and presentation at the last meeting. commissioner DeVore did not think it was appropriate to allow Mr. Scott to present his allegations if his intent was not to make a formal complaint and since the time frame to present his complaint had passed. Commissioner DeVore was concerned that the Board should not provide a forum for people to raise issues which essentially malign public officials on the record and there is no further inquiry by the Board or opportunity for the person charged to clear the record. Commissioner DeVore stated that this is another instance which makes it evident that the Board needs to adopt procedures to deal with complaints. Chairman Schulman advised the Board that he spoke to Toni McKean, the City Manager, the Library Director and Fire Chief concerning time commitments and that she would be allowed to use time on this program. The Library Director anticipated that within the next week she would be able to meet with the Board to develop the ethics Board of Ethics Minutes October 3, 1996 Meeting Page 2 program. Chairman Schulman hopes to have more news on this issue to report next time re: tentative schedule. No other member comments. 4. Complaint - Port commissioner. In response to inquiry of the Board, counsel advised that the Port Commissioner was covered by the Code of Ethics. The Board further inquired whether the information contained in a news article indicated a potential breach of the Ethics Code. Counsel advised that the ultimate decision of whether there was a breach was for the Board to make after formal complaint, and a probable cause hearing. The Board was advised that it takes a majority vote to find probable cause, a unanimous vote to find a breach, and further, that the Board would then submit its findings and recommendation to the City Council. The Board was advised that the Ethics Code sets up certain procedures but also allows the Board to establish procedures to handle complaints. There was discussion over whether a complaint against Mr. Malcolm was actually before the Board and/or what stage of the complaint process they were at since no sworn formal written complaint had been made and/or whether there was a complaint pending at the instigation of the Board. Mr. Malcolm advised that he did not care whether the Board has jurisdiction over him or what stage or type of complaint was pending, he came voluntarily to answer the Board's questions and agreed he should be held to ethical standards of the Code. Mr. Malcolm explained how the Host Committee's request for funds came about and why it was handled the way it was. He advised that he was acting at the direction of the Port Chair and that, among other things, short time frames, overwork, security issues and desire to make the Republican National Convention the best to promote our community, caused the situation. He admitted that if he had it to do over again, he would do it differently and that he had learned from the situation. Mr. Malcolm did not believe his conduct was unethical and distinguished that from a business decision. He stated that what the Port Commission did by bringing up this item Off-agenda and without a written request was allowed by law. Mr. Malcolm reported that a second follow-up news article did report that the Port Commission had in writing from the Host Committee before the money was released a full statement on how the money would be spent. Board of Ethics Minutes October 3, 1996 Meeting Page 3 After lengthy discussion including questions to and answers from Mr. Malcolm, it was MSUC (Devore/Herney) that based on Mr. Malcolm's explanation the matter be dropped, and no further action is warranted by the Board. (Commissioner Carson recused herself because she's a Republican.) Mr. Malcolm stated he appreciated the process and that it pointed out to him a better way to handle things in the future. commission indicating procedures procedures Herney commented that this was another situation that the Board needed to address confusion over and needs to study, analyze and possibly revise and that this was part of their workshop plans. 5. Report of Council Subcommittee reqardinq Billv Kellev. Chairman Schulman commented that the Board has not heard from the City council about a replacement for Mr. Kelley. Commissioner Herney re: comment in Armando Buelna' s memo re: notes on City Council's Subcommittee minutes, the last paragraph states that Mr. Kelley would be a qualified applicant having been interviewed and recommended by the Presiding Judge in the past, Ms. Herney recalled that Mr. Kelley was one of a group that was appointed without interview by the Judge and that procedure has now been corrected, but she wanted to clarify that he was not interviewed and also that he did not serve as Chairman as stated in the first paragraph of the September 27 memo and in the first paragraph of the August 28 memo to the Mayor. Susan Herney was excused early. Item 6 - Time Limit on Individual Complaints and Item 7 - Employee Complaint Procedures were continued to the next agenda as well as Toni McKean's situation. Next meeting scheduled: Monday, October 21, 1996 at 3:45 p.m. Board will not handle complaint process at that meeting as that needs to be a workshop session, but Board would like a report back from the City Attorney's office concerning complaint process. The meeting adjourned at 6:10 p.m. C:\ethics\minutes\10-3-96 ,J ----- j' . (7tC/L( "