HomeMy WebLinkAbout2001/02/13 Board of Ethics Minutes
CITY OF CHULA VISTA, CALIFORNIA
MINUTES OF A
BOARD OF ETHICS MEETING
February 13, 2001
Human Resources Conference Room
3:50 p.m.
MEMBERS PRESENT:
Joanne Carson, Ricardo Gibert, Kenneth Culver,
Jean Rogers
MEMBERS ABSENT:
Francisco Gonzales, Juan Gonzalez
OFFICIALS/STAFF
PRESENT:
Nora Smyth, Deputy City Attorney
Toni McKean, Training Coordinator
The meeting was called to order at 3:50 p.m.
1. Roll Call
All members were present except for F. Gonzales and J. Gonzalez
MSUC (Gibert/Carson) to eXCuse members that are absent.
2. Approval of the Minutes of November 14. 2000
MSUC (Culver/Carson) to approve the Minutes of November 14, 2000
meeting with corrections as follows:
a. Correct spelling of Francisco Gonzales and Juan Gonzalez
through out minutes.
b. Page 2, paragraph 2 of item 5 - delete the word "to"
should read ". . . what the Board could do to someone...."
MSUC (Gibert/Rogers) to table item 3 "Discussion of FPPC Conference
and Report regarding Meeting of November 28, 2000."
MSUC (Rogers/Carson) to table item 5 "Discuss 2001 Board goals."
MSUC (Gibert/Carson) to move item 6 "Organization, Development and
Training Specialist Report" to item 3.
6. Organization. Develo9ment and Traininq Sgecialist Report
(formerly Traininq Coordinator Report)
Ms. McKean discusses with the Board the new Complaint Form and
offers her assistance in circulating the new form to citizens and
staff. Chair Gibert advises Ms. McKean that the Board will consider
all that when the Board has an opportunity to discuss the Board's
Board of Ethics Minutes
February 13, 2001
Page 2
goals for 2001. Ms. McKean closes with commending the Board on its
creation and direction with the new Complaint Form.
4. Discussion of Resident Letter of Januarv 22. 2001.
Chair Gibert opens discussion by asking the Board to review the
citizen letter. Deputy City Attorney Nora Smyth states to the Board
that she can not advise them on issues concerning the City
Attorney. Ms. Smyth further stated that she had already contacted
outside counsel Tamara Smith to give legal advice on this matter.
Ms. Smith agreed to assist the Board, if they so choose.
Member Culver shares with the Board that he feels this matter is
not an issue or within the jurisdiction of the Board of Ethics. In
addition, the City Manager or City Attorney's responsiveness or
non-responsiveness to this request for information did not benefit
anyone or any thing. Furthermore, he stated that City Attorney or
City Manager can agree to produce or assert some privilege and
there was no allegations of anyone (1) benefiting from their
position (2) abusing their position for personal gain or (3) any
conflict of interest. The complaint is that the City Attorney was
not responsive to the citizen's question. Therefore, the Board is
not the forum for this issue to be resolved.
Chair Gibert proposes to the Board they hold a preliminary
discussion with outside counsel and then make a recommendation on
that basis.
Secretary Carmen Sandoval distributed Mr. Pina's initial request,
Mr. Kaheny' s response, Mr. Pina' s request to the Chair, Chair
Gibert's response to Mr. Pina and a copy of Mr. Pina's Complaint
Form to the Board members.
MSUC (Gibert/Carson) to
independent outside counsel
citizen's letter.
accept and retain Tamara Smith as
for advice on the matter regarding the
MSUC (advising Mr. Pina that the Board is in receipt of his
complaint and will be holding a special meeting to discuss this
matter.
7. Oral Communications
None.
8. Members Comments
Board of Ethics Minutes
February 13, 2001
Page 3
The next meeting is Tuesday, March 6, 2001, at 3:45 p.m., in the
City Attorney's Library.
Meeting adjourned at 4:35 p.m.
y
Sandoval
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