Loading...
HomeMy WebLinkAbout1999/03/18 Board of Ethics Minutes CITY OF CHULA VISTA, CALIFORNIA MINUTES OF A BOARD OF ETHICS MEETING March 18, 1999 Park & Recreation Conference Room 3:54 P.M. MEMBERS PRESENT: Joanne Carson, Jean Rogers, Juan Gonzales Richard Schulman, Susan Herney Ricardo Gibert arrived at 4:05 p.m. OFFICIALS/STAFF PRESENT: Elizabeth Wagner Hull The meeting was called to order at 3:54 p.m. 1. Roll Call All members were present. Member Gibert not present at time of roll call, arrived at 4:05 p.m. 2. Approve Minutes of February 25. 1999 MSUC (Schulman/carson) to approve the minutes of February 25, 1999, with the correction and change as follows: Page 2, Paragraph 6: (correction) When a Council member or other official has job doubt 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. . . . Page 3, Paragraph 4: (change) "Mr. Schulman gives his reason for why this item should be placed on the agenda for discussion and consideration of possible initiation of a complaint, stating that the complaint process or upon receipt of a complaint or information as prescribed by the Code of Ethics. . . . MSUC (Schulman/Carson) to discuss fully the issues raised in Member Schulman's letter and possibly taking some action on the issues raised in Mr. Schulman's letter. Member Herney abstained. 3. Review the Letter from Member Richard Schulman Board of Ethics Minutes March 18, 1999 Page 2 Members review the letter from Member Richard Schulman and his reasoning for a possible initiation of a complaint. Chair Gonzales asks Member Schulman to revisit his intention of the letter. Member Schulman advises of his concern regarding the Council's action on this subject and further states some possible ethical violations may have occurred. Schulman is concerned because there were rules for all the candidates, who knew or should have known, when they got into the election and once the election was over the rules were changed retroactively to benefit a member of the Council. Additionally, two of the three people making up the majority who voted for this item publicly supported the election of that person. Chair Gonzales questions whether the Board could initiate a complaint. Member Schulman's recollection is that the Board could do so and Deputy City Attorney Elizabeth Wagner Hull affirms. Member Schulman recalls the Board of Ethics' role under the Code which is to consider any possible unethical actions and he feels that because of the apparent favoritism to the person who was elected there may have been a violation. He also states if this matter had been put on a prospective basis, rather then a retroactive basis, he would not have been as concerned with the appearance this gives of favoring someone now sitting on the Council. Member Schulman reminds the Board of the Mayor's statement that the amendment was to prevent a candidate who was poorly financed from being the subject of suit. Although it is noted by the Board that in this case it was a candidate who initiated the suit and not the subject of a suit. Chair Gonzales also states his understanding of the position when the Council gives the Board an inquiry advisory opinion. He further states that the Board did opinion and Council took their own action. Board's for an give an Deputy city Attorney Elizabeth Wagner Hull gives some clarification as to the term "guided" under Ethics Code Section and that the intent is to solicit the opinion and take that into consideration that opinion. She does not believe the Council is required to follow the opinion; it is merely advice the Council is seeking from the Ethics Board as a body. Member Schulman also notes the Board can advise the Council of a matter which is unethical even though it is not spelled out in the Code. Board of Ethics Minutes March 18, 1999 Page 3 This item is discussed further and Members agree that a letter to council should be placed on the Agenda as a Board Report rather then an initiation of a complaint. MSUC (Schulman/Carson) to prepare a letter to Council, to be placed on the city council Agenda, expressing concerns of the Board of Ethics relating to the action taken on January 26, 1999, amending Chapter 2.52.040 of the Municipal Code. Imnortant Points to be Included in the Pronosed Letter to Council 1. The Board of Ethics is here to serve and advise the city Council and did so and were disappointed that the city council did not follow the recommendation given by the Board. The Board now has concerns that there may be an appearance of an ethical impropriety or behavior that the Board would like to bring to their attention. The goals of the Board of Ethics is to help the City maintain its commitment to ethics in civic affairs and hope that Council will be aware of the potential for the appearance of an impropriety. 2. Mention to Council that the Board is appreciative of the opportunity to participate in the process and encourage the Council to continue to promote ethical values. 3. The retroactive provision of this amendment and the appearance of favoring a sitting member of the Council. 4. Ask for some type of feedback, explanation as to why the Council Board's recommendation or why the way they did. clarification or voted against the Council voted the It is decided that a letter is to be drafted from the minutes, Member Herney will make edits and the Board will review, approve and possibly sign the letter at the May 6, 1999 meeting. 4. Review Ethics Committee Budget It is noted that the Ethics committee budget has been increased from $480.00 to $482.00 for FY99. Board of Ethics Minutes March 18, 1999 Page 4 MSUC (Herney/Gonzales) to approve the FY99 Ethics Committee budget. 5. Oral Communications None. 6. Training Coordinator Report Toni McKean explains briefly the city's continued training commitment and stephen Covey's Seven Habits of Highly Effective People. 7. Members Comments Member Schulman advises the Board that he is resigning from the Commission because he will be moving out of the City. The Board then revisits the issue of the appointment of new members. The next meeting is called for Thursday, May 6, 1999 at 3:45 p.m., in the Human Resources Conference Room (formerly the Park & Recreation Conference Room.) Sandoval Meeting adjourned at 5:10 p.m. h:\horne\carmens\cbs\ethics\minutes\031899.min