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HomeMy WebLinkAbout1999/02/25 Board of Ethics Minutes CITY OF CHULA VISTA, CALIFORNIA MINUTES OF A BOARD OF ETHICS MEETING February 25, 1999 Fire Department Conference Room 3:51 P.M. MEMBERS PRESENT: Joanne Carson, Jean Rogers, Juan Gonzales Richard Schulman Ricardo Gibert arrived at 4:05 p.m. MEMBERS ABSENT: Susan Herney OFFICIALS/STAFF PRESENT: Ellen Gross, Deputy city Attorney The meeting was called to order at 3:51 p.m. 1. Roll Call All members were present except Susan Herney, who requested to be excused. Member Gibert not present at time of roll call. MSUC (Schulman/Carson) to approve Susan Herney's absence due to work related issues. Board members discuss appointment to the vacant seat on the Board of Ethics. Deputy City Attorney, Ellen Gross explains she will be amending the Board of Ethics ordinance to reflect the unification of the Courts to provide that the judge interviewing potential appointees will be from the Superior Court. Chair Gonzales stated the seat should be filled as soon as possible. 2. Approve Minutes of December 21. 1998 MSUC (Schulman/Carson) to approve the minutes of December 21, 1998, with the following correction: Page 3, Paragraph 3: "The Board is accountable to the Councilmembers who appointed them and who would benefit from the amendment to the ordinance." 3. Approve Minutes of Januarv 7. 1999 The Board did not address this Item due to lack of a voting quorum. 4. Oral Communications None Board of Ethics Minutes February 25, 1999 Page 2 3. Annrove Minutes of January 7. 1999 The Board returns to Item No. 3 after the arrival of Member Gibert. MSUC (Carson/Rogers) to approve the minutes of January 7, 1999, with the following correction: Page 1, Paragraph 4: "Member Gibert rei terates 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." 5. Trainina Coordinator Report None. 6. Members Comments Chair Gonzales inquires as to the Training Coordinator's attendance at today I s meeting. Secretary Carmen Sandoval and Deputy City Attorney Ellen Gross provide additional information regarding Training Coordinator Toni McKean's new responsibilities as Training Coordinator for the city of Chula vista. Member Schulman feels that this issue should be commented on in the minutes that the Board has expressed concern before regarding the commitment of the City to the Ethics Program and the priority that is being given to the Ethics Program regardless of other things that may be going on. Member Schulman suggests that Chair Gonzales attempt to obtain a report from the Training Coordinator an update on the status of the Ethics Program and the directives of the City Council on implementation of the Ethics Program. Member Schulman requests that the Board hold a meeting soon to discuss the action of the Council in ignoring the advice of the Board of Ethics on the matter of amendment of the campaign finance law and calls attention to section 2.28.060 of the Ethics Code "advisory opinions" as follows: When a Council member or other official has a job as to the applicability of a provision of this code to a particular situation, written inquires should be made to the Board of Ethics for an advisory opinion. Said person should be guided by that opinion when given. Member Schulman feels that the Council was not guided by the opinion that was given by the Board. Board of Ethics Minutes February 25, 1999 Page 3 Chair Gonzales advises Member Schulman that the Board did at the last meeting the recommendation which was given Council and that Council elected not to take the recommendation. discuss to the Board's Chair Gonzales explains his interpretation of that section to be that the Board gives the Council its opinion and the Council can make its decision based on that opinion to agree or disagree. Deputy city Attorney Ellen Gross explains that there was no unlawful activity but that if it is a matter of concern to the Board then it should be brought to the Council's attention. Mr. Schulman gives his reason for why this item should be placed on the agenda for discussion, stating that the complaint process or upon receipt of a complaint or information as prescribed by the Code of Ethics, the Board shall determine by majority vote if there is probable cause to believe that a violation has occurred although not necessarily illegal. He further states that the Code of Ethics notes that the all public officials should conduct themselves in a manner that will tend to preserve public confidence in and respect for the government represented and may be something for the Board to consider whether or not there was a violation of the Code of Ethics and in that case issue a statement to that effect. MSUC (Schulman/Carson) to discuss fully the issues raised in Member Schulman's letter. The next meeting is called for Thursday, March 18, 1999 at 3:45 p.m. Meeting adjourned at 4:30 p.m. c:\cbs\ethics\minutes\022599.min