HomeMy WebLinkAbout2001/03/06 Board of Ethics Minutes
CITY OF CHULA VISTA, CALIFORNIA
MINUTES OF A
BOARD OF ETHICS MEETING
March 6, 2001
City Attorney Library
3:55 p.m.
MEMBERS PRESENT:
Joanne Carson, Ricardo Gibert, Kenneth Culver,
Jean Rogers, Juan Gonzales
MEMBERS ABSENT:
Francisco Gonzalez
OFFICIALS/STAFF
PRESENT:
Tamara Smith, Esq. (Outside Counsel)
The meeting was called to order at 3:55 p.m.
1. Roll Call
All members were present except for F. Gonzalez.
2. A9Droval of the Minutes of November 14. 2000
MSUC (Culver/Gonzales) to approve the Minutes of February 13, 2001.
3. Introduction of Tamara Smith
Ms. Smith advises Board that she is there as outside independent
counsel. Ms. Smith is with a private law firm.
4. Discuss Resident Letter
Chair Gibert added to the Agenda under this item the following:
A.
B.
Board
C.
D.
The Board's procedure
Whether the Complaint is correctly procedure before the
Whether the conduct falls within the Code
Conclusion
Chair Gibert states under the Municipal Code section 2.28.090(A)
"Duties of the Board" regarding receipt of a complaint and the
initiation process wherein the complaint should be submitted within
sixty(60) day of occurrence or been discovered with exercised
reasonable diligence and further reads subsection 2.28.090(D) which
states the affirmative vote of 5 members of the Board shall be
necessary for it to find conduct to be unethical.
Board of Ethics Minutes
March 6, 2001
Page 2
In order to find probable cause, reasonable grounds or substantial
probability that the official's conduct is in violation of the
Code.
Section 2.28.l50(A) which states that upon the receipt of a
complaint or information as described by the Code of Ethics the
Board shall determine by majority vote if there is probable cause
to believe that a violation has occurred.
The Board holds discussions regarding the Complaint Letter. Chair
states there was no delay in the City Attorney's response to the
letter. The Board discusses that aside from the complaint not being
initiated timely, there was not any outward behavior that was
willful to discredit the City on behalf of the City Manager or the
City Attorney's office and that this issue does not fall within the
jurisdiction of the Board.
MSUC (Culver/Carson)
investigation, because
the Board of Ethics.
dispose of the Complaint, without
it does not fall within the jurisdiction of
MSUC (Gonzales/Culver) for the Chair to draft a response letter
regarding the complaint indicating (1) that the alleged conduct
does not fall within the jurisdiction of the Code of Ethics; and
(2) that it was not filed in a timely manner.
MSUC (Culver/Carson) there is no probable cause of an unethical
violation of the Code.
5. Organization. Development and Training Specialist Report
Ms. McKean was not present.
6. Oral Communications
None.
7. Members Comments
Added Item
MSUC (Gibert/Carson) Chair Gibert asked that a letter be sent to
Salam Kalasko with the Complaint form.
Board of Ethics Minutes
March 6, 2001
Page 3
Member Gonzales
November, 2000 in
that meeting.
reported on the FPPC meeting he attended in
San Francisco and additional issues that arose at
Members thank Ms. Smith for assistance.
The next meeting is Tuesday, May 15, 2001, at 3:45 p.m.
Meeting adjourned at 4:36 p.m.
.-J
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