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HomeMy WebLinkAbout1997/01/13 Board of Ethics Minutes CITY OF CHULA VISTA, CALIFORNIA MINUTES OF A BOARD OF ETHICS MEETING January 13, 1997 city Attorney's Conference Room 3:45 P.M. MEMBERS PRESENT: Richard Schulman, Jean Rogers Juan Gonzales, Chet DeVore, Joanne Carson and Susan Herney MEMBERS ABSENT: None OTHERS PRESENT: City Attorney John M. Kaheny Assistant City Attorney Fritsch Candy Emerson, Director of Human Resources Toni McKean, Training Coordinator The meeting was called to order at 3:45 p.m. 1. Roll Call All members were present. 2. Approval of Minutes. MSC (Herney/Gonzales) 5-0-1 (Carson abstained) to approve the minutes of December 9, 1996 with the following correction to Item 6, Page 3: Add the words "at the direction of the Board" to the end of the first sentence. 3. Oral Communications None 4. Traininq Coordinator Report Toni McKean stated Management liked the memorandum will be sent to all departments, under the signature, upon his return from being out ill. she prepared. It City Manager's Toni noted the November and December issues of Western cities had a two-part article on "Ethics in the Public Sector" which will be copied and sent to all members of the Ethics Board. Chair asked that the article be sent with the minutes by the Board secretary. Toni showed her new Ethics Program Training Coordinator card, and stated that she would be teaching an ethics seminar at San Diego State; the Chair asked her to present something in writing on the program. Board of Ethics Minutes Meeting of 1/13/97 Page 2 9. Brown Act - Consideration of Non-Aqenda Items bv Council and Boards. At the Chair's request, city Attorney John Kaheny was present to address this item. The Chair explained that at a Council meeting something was said that might not be consistent with the Brown Act; at Oral Communications a man talked regarding a problem at a diesel truck stop at Orange and Hilltop. Both streets forbid truck traffic and his business has fallen off considerably. He asked the Council if they could not temporarily lift the ban on the trucks. Chair was concerned because Mayor said Council could not act on that item that night because it was not on the agenda. The Chair was wondering if Council could have acted if they had declared the matter an emergency and asked for Mr. Kaheny's comments. The City Attorney explained the public notice provisions for a general meeting are 72 hours; for a special meeting, 24 hours; and there are emergency exceptions. The purpose of notice is to give as much information to the public and get all sides of an issue before a decision is made. The Council can take emergency action but only under strict conditions; the need to take action must have arisen between the time of the posting of the agenda and the time of the meeting. Here, the process had been going on for a while and the Mayor knew that; therefore, the timing element was not present to justify an emergency action. Further, emergency action is only justified if in its absence there will be irreparable harm; there is no irreparable harm because there are damages as a remedy. The Council insured that the matter will be raised again on the public agenda. 6. Emplovee Complaint Procedures. Chair asked Ms. McKean if there was a sexual harassment trainer for the city. Ms. Emerson answered it was Gordon Graham; and Toni said that we have a video that Mr. Graham makes that is shown to new staff, and every employee has to sign off that she/he has seen it. staff is also required to sign the sexual harassment policy. The Human Resources Director stated sexual harassment claims are a way for disgruntled employees to attack the system; they are like worker's compensation claims used to be. Regarding whether employees have a system to complain about ethical violations, the Director of Human Resources said that we have always had employee complaint procedures. Most complaints are handled by Human Resources. A process to resolve employee issues happens on a weekly basis. Employees more often put in writing complaints of violations of the MOD than anything else. The grievance procedure Corrected Board of Ethics Minutes Meeting of 1/13/97 Page 3 is provided in the MOU of four unions. There is another process that deals with matters not covered in the MOU, i.e., promotions. Chair asked, if an employee had an ethical concern, e.g. how the public is treated, would the same procedure be appropriate? Ms. Emerson said no; the complaint procedure refers to how the employee is treated. Chair questioned if anyone is advising employee that there is an avenue to complain regarding ethics? The Director of Human Resources replied no one is designated as the recipient of such complaints. Chair noted the city Manager said that Director of Human Resources is. Ms. Emerson stated nothing formally guarantees that to an employee. Discussion ensued regarding confidentiality and no fear of reprisals for employees with ethical complaints. Chair asked if this procedure should be formalized? The Director noted we are not getting those sorts of complaints, although we get plenty of complaints. It would be contrary to the culture of this organization that people would Dot complain because they would fear retribution. Susan Herney wants to raise consciousness of ethical issues and expectations for ethical behavior by city employees and public officials. Ms. Emerson stated it's possible to spell it out in the complaint resolution procedure. Mr. Schulman felt the policy of the City should be that no manager can use the fact that a complaint was made by an employee against him in employment decisions. Susan questioned the Director of Human Resources and Training coordinator if a departments prepares a specific ethics mission statement, would it be appropriate to have an employee complaint procedure there? Toni responded it is probably not necessary. People come up with a wide variety and quantity of complaints for the department. Member Devore mentioned the Board jurisdiction since it does not have grievances. Mr. Schulman believed it role. was getting outside its jurisdiction over employee is related to our advisory Ms. Emerson leaves and Councilwoman Salas enters. 8. Meetinq Marv Salas. Corrected Board of Ethics Minutes Meeting of 1/13/97 Page 4 Chair Schulman informs Ms. Salas that the Board wanted to make sure that she knew what they are doing and to hear her thoughts. Mary Salas stated during campaign, she learned of citizen's perceptions that there are special interest groups that have a negative impact on the management of the City and the city Council. The perception is perpetuated that there is a special interest when one bonding company gets all of the city business; further perpetuated by campaign spending. citizens have asked her to call for a grand jury investigation concerning the bond issue. Chair noted we have never had a formal complaint. We have no investigative arm. Sine 1994, we have focussed on education and awareness. Josephson Institute trained all the people to whom the Code applies. councilwoman Salas stated the problem is that unethical people will be unaffected by training. Susan Herney reported we are still struggling with our Board has matured. We've defined what we're not. Council's backing and we haven't had it. role. The We need Councilwoman Salas talked to city Manager and Director of Human Resources about sexual harassment and doesn't like the line that these are endemic - like worker's compensation used to be. Chair Schulman recommended that each department develop a Code of Ethics. Toni's role is to work with the departments. It gets department conscious of ethical considerations. The City Council adopted our recommendations that departments should do this. The Board has taken the position that there should be a budget for staff support for the Ethics Program. Councilwoman Salas leaves. 7. Budaet for FY 1997-98. Chair passes out proposed budget; a question arises regarding money for subscription to Josephson newsletter; members want to ensure its continuation. 10. Reoort on Chair's Meetina with Salvation Armv. Chair met with person in charge of Chula vista Salvation Army; Chair gave him a copy of Josephson materials re: Character Counts program; Chair thinks it is a good sign that people know that the Board exists. 11. Member's Comments. Juan Gonzales stated that we need diversity and ethics training. Board of Ethics Minutes Meeting of 1/13/97 Page 5 The meeting adjourned at 5:30 p.m. to the next meeting on February 10, 1997 at 3:45 p.m. ~ ~ ddvr Ruth M. Fritsch C:\ethics\.inutes\1-13-96