HomeMy WebLinkAbout1999/01/07 Board of Ethics Minutes
CITY OF CHULA VISTA, CALIFORNIA
MINUTES OF A
BOARD OF ETHICS MEETING
January 7, 1999
Park & Recreation Conference Room
3:50 P.M.
MEMBERS PRESENT:
Ricardo Gibert, Joanne Carson, Jean Rogers,
Chet DeVore, Juan Gonzales
Susan Herney arrived at 4:00 p.m.
MEMBERS ABSENT:
Richard Schulman
OFFICIALS/STAFF
PRESENT:
City Attorney John M. Kaheny
Ellen Gross, Deputy city Attorney
Elizabeth Wagner Hull, Deputy City Attorney
Toni McKean, Training Coordinator
Steve Padilla, Councilmember
The meeting was called to order at 3:50 p.m.
1. Roll Call
All members were present except Richard Schulman, who requested to
be excused. MSUC (Carson/Gibert) to approve Richard Schulman's
absence due to illness.
Chair Gonzales advises the Board the only Item on the Agenda is to
revisit the campaign contribution Ordinance referred to the Board
of Ethics from the city Council.
2. Revisit Campaign contribution Ordinance referred bv Council
Chair Gonzales advises Board to review the minutes of December 21,
1998 then asks for the Board's input and comments.
GhaiJ:/QGibQrto1treiterates his recognition that there could be an
instance when a candidate might have to be the one seeking to
enforce their rights and the difficulty in having to cover the
costs in doing so. He further suggests to the Board his proposals
that there be disclosure, placing limitations on the amounts of
contributions and if the Council were to amend the ordinance that
it would not be of benefit to any Councilmember currently sitting
on the Council.
At the Board's request, City Attorney John Kaheny clarifies the
origin and history of the ordinance. John Kaheny advised the Board
that what has now evolved is if a Councilmember is charged with a
campaign violation criminally they could recover all of their legal
expenses to defend themselves against the act that has been
alleged. Currently, the proposal to amend to the ordinance would be
to allow someone who was trying to exercise their rights under the
Board of Ethics Minutes
January 7, 1999
Page 2
Election Code to also raise money to off set their costs for legal
expenses.
Member Susan Herney expresses her concerns in allowing someone to
raise money for their legal offense or defense fund. She reiterates
her concerns from the December 21, 1998 meeting wherein she opposed
an amendment the ordinance that may circumvent the intent of the
current ordinance to keep away the wealthy influencer(s).
Councilmember Padilla introduces himself to the Board and at their
request offers his thoughts and gives some clarification regarding
this issue. Councilmember Padilla makes a presentation expressing
his thoughts and concerns.
Member Carson expresses her thought that this amendment may be a
good idea, however, she feels that it should not be a benefit to
anyone currently on the Council.
4:45 p.m. The Board thanks councilmember Padilla. Councilmember
Padilla and city Attorney leave the meeting.
The Board went on to discuss the Item. The Board also notes their
concern that this issue should not benefit anyone currently on the
Council and should not retroactively apply to anything at has
already occurred.
MSUC (Rogers/Carson) Motion to reconsider the Board's prior motion
to recommend against the adoption of the proposed amendment to the
ordinance.
Member Rogers states her concern regarding the issue of limited
contributions to a legal fund.
MSUC (Gibert/Carson) Motion to recommend the adoption of the
ordinance amendment with two modifications: a $1,000.00 donation
limit per person and that it not apply to a debt incurred from an
election prior to the adoption of the amendment.
3. Approve Minutes of December 21. 1998
The Board did not address this Item.
4. Oral Communications
None
Board of Ethics Minutes
January 7, 1999
Page 3
The next meeting is called for Thursday, February 25, 1999 at 3:45
p.m.
MSUC (Gonzales/Gibert) to adjourn the meting at 5: 5 p.m.
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