HomeMy WebLinkAbout1996/12/09 Board of Ethics Minutes
CITY OF CHULA VISTA, CALIFORNIA
MINUTES OF A
BOARD OF ETHICS MEETING
December 9, 1996
city Attorney's Conference Room
3:45 P.M.
MEMBERS PRESENT:
Richard Schulman, Jean Rogers Juan Gonzales,
Chet DeVore and Susan Herney
MEMBERS ABSENT:
Joanne Carson
OTHERS PRESENT:
city Attorney John M. Kaheny
Assistant City Attorney Fritsch
Toni McKean, Training Coordinator
The meeting was called to order at 3:45 p.m.
1. Roll Call
All members were present except Joanne Carson.
Joanne Carson's absence due to illness.
MSUC to excuse
4. Introduction of City Attorney John Kaheny.
Item 4 was taken next. New city Attorney John M. Kaheny introduced
himself. Chair Schulman gave the City Attorney some background
information on the Board. He informed the City Attorney that the
Board is dependent on the Attorney for guidance particularly if
there are complaints. It was noted that Susan Herney is the senior
member of the Board with the rest of the Board being relatively
new. The Board has recommended changes in the campaign finance
laws. In late 1994 the Board was involved with getting Council
approval of its training program: "Ethics Beyond the Code".
council approved the recommendation involving follow-up training
and having Toni as a staff person to support implementation of the
approved recommendations to council. The Board has reviewed its
procedures re: handling complaints of covered officials. He noted
that the Board has had turnover due to members leaving to places
from Saudi Arabia to Belgrade and most members have less than 1
year on the Board.
Mr. Kaheny stated that he hoped to handle city Attorney staffing of
the Board by having a primary attorney and an alternate.
2. Approval of Minutes.
MSC (Gonzales/Rogers) 5-0-1 (Herney abstained) to approve the
minutes of November 18, 1996 with the following correction to
Paragraph 1, Page 2: "The members discussed the level of staff
support they were receiving from the Training Coordinator and
previous presentations on this subject given by City Manager Goss
and Toni McKean. Discussion focussed on the status of staff's
Board of Ethics Minutes
Meeting of 12/9/96
Page 2
implementation of an ethics program for all City employees and
officials. Chair Schulman reported that the Board has taken an
active role in seeing that the program gets implemented following
adoption by the city Council of the Board's recommendations. He
also reported he had discussed with the Training Coordinator that
a letter was prepared for the City Manager to send to all
department heads to advance the program."
3. Oral Communications
None
5. Traininq Coordinator Staff Support
Toni McKean stated since September she has been reviewing and
implementing some of the items directed by the Council Memo of
September 1995. She has met with the Library Director, Fire Chief,
George Krempl and John Goss. From all the comments and Council
response, Ms. McKean compiled the memo attached to today's agenda.
Toni discussed some specifics particularly the facilitation of the
development of a Code of Ethics for each department, board and
commission.
Attorney Fritsch suggested that any such policy, with respect to
employees, would have to consider employee rights granted by MOUs,
civil Service, and would possibly involve meeting and conferring
with bargaining groups. Attorney Fritsch questioned the
enforceability of such a policy absent such measures.
Susan Herney commented when the Code of Incompatible Activities was
passed, it was done after meeting and conferring with employee
groups. This body envisions department ethical policies as a set
of expectations for ethical conduct within professional parameters
of the department and without penalties. It is to set standards
for ethics within one's professional milieu. Ms. Herney does not
believe there is a potential for MOU problems.
Chair Schulman noted we are setting goals and expectations so that
the city does not operate in an ethical vacuum. Chet DeVore
questioned why would Department A's Ethical Statement be different
that Department B's? The principles are basically the same.
Richard Schulman stated the value of having each department
creating their own is to encourage discussion and develop ownership
in the product. It should be a department by department effort.
Toni McKean mentioned the process will raise consciousness and
teach. She has finished one department, but Parks and Recreation,
Corrected
Board of Ethics Minutes
Meeting of 12/9/96
Page 3
Public Works, and Fire have not submitted anything. It was
determined after some discussion that Toni will ask the City
Manager to send a letter to departments telling them to cooperate
with Ms. McKean. John Goss anticipates this taking several years.
Ms. McKean reported that the city Manager does not want to
delineate the hours she spends on Ethics. Richard Schulman
clarified that #2 in Toni's memo includes new Council members.
Chair Schulman hoped Toni McKean could attend the Ethics meetings
but recognizes the Board is not her boss. Member Devore asked what
the Board could do to help Toni and she replied her memo reflects
her talks with Administration. Chet DeVore said the Board should
not be concerned with specifics of the memo, but it was necessary
to leave that to Toni's discretion. MSUC (DeVore/Rogers) to end
discussion of this topic.
6. Jurisdiction of Board of Ethics.
The Board discussed the draft letter Chair Schulman prepared at the
direction of the Board. MSUC (DeVore/Herney) to not send the draft
letter. Discussion ensued of how to transmit some of the concerns
of the letter in some other venue, especially in light of Board
concern to have some influence in the budget process. (Member
Rogers leaves for a doctor's appointment).
MSUC (Herney/Gonzales) to send to the city Manager a copy of its
summary of Activities for Fiscal Year 95-96 with attachments: the
City Council Agenda statement of 9/5/95, item 20, and minutes of
that meeting concerning that item with salient matters highlighted
with regard to staffing. Member Herney will write transmittal
memo.
Items 7, 8, and 9 trailed.
10. Member Comments: Chair Schulman reported the Mayor decided
that she wanted to seek additional candidates for Ethics Board.
Three applications have been received and application forms were
given to the members for possible distribution. Attorney Fritsch
was asked to research what the procedure is for selecting
applicants.
Next meeting scheduled: Monday, January 13, 1997 at 3:45 p.m.
The meeting adjourned at 5:30 p.m.
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Ruth M. Fritsch