HomeMy WebLinkAbout2002/02/19 Board of Ethics Minutes
MINUTES OF A
BOARD OF ETHICS MEETING
CITY OF CHULA VISTA, CALIFORNIA
February 19, 2002
City Attorney's Library
3:45 p.m.
The meeting was called to order by Chair Culver at 3: 56
p.m.
1. Roll Call:
MEMBERS PRESENT: Kenneth Culver, Jean Rogers, Rudy
Ramirez, Joanne Carson, Juan Gonzales
MEMBERS ABSENT: Ricardo Gibert
MSUC (Gonzales/Carson) to excuse Member Gibert.
STAFF PRESENT:
Deputy City Attorney Nora Smyth
Toni McKean, Training Coordinator
2. Approval of Minutes of January 15, 2002:
MSUC (Carson/Rogers) to approve the minutes of the meeting
of January 15, 2002 with the following addition:
4. Discuss Expanding the Jurisdiction of the Board of
Ethics:
An opinion was given by the Acting Deputy City
Attorney in October 1996 that the Board of Ethics
did have jurisdiction over an appointee to the Port
Commission.
3. Review of Code of Ethics:
One of the goals the Board identified
review the Code of Ethics to determine
changes the Board wanted to recommend to
this year was to
if there were any
the City Council.
Chair Culver stated that relating to the screening of
complaints, Municipal Code Section 2.28.150A states that
the Board is charged to determine if probable cause exists
to proceed with the investigation of a complaint. Mr.
CuI ver said the term "probable cause" is a very specific
threshold usually used in criminal law.
MSC (Culver/Gonzales) The motion passed (with Member
Ramirez voting no) to recommend to the City Council that
Chula Vista Municipal Code Section 2.28.150A be amended to
Board of Ethics Minutes
February 19, 2002
Page 2
change all references from probable cause to good cause as
follows:
2.28.150 Conduct of hearing upon complaint.
A. Upon receipt of a complaint or information as
prescribed by the code of ethics, the board shall determine
by a majority vote if there is probublc good cause to
believe a violation has occurred. The board shall notify
the officer alleged to have violated the code of ethics of
the charges contained in the complaint or information
immediately but shall not reveal the identity of the
complainant until and unless it is determined that probublc
good cause for such complaint exists. The officer shall be
enti tIed to submit a statement to the board of ethics for
consideration or may appear personally at such time as the
issue of probilblc good cause is to be discussed by the
board. If no probiibIC good cause is not determined, the
board shall dismiss the matter summarily and notify
interested parties in writing. If probublc good cause is
determined, the board shall take further investigatory and
procedural steps necessary to resolve the matter.
Rudy Ramirez would like to compare Chula Vista's Code of
Ethics with San Diego's Code. Chair Culver asked Member
Ramirez if he could identify the topical areas and bring
his recommendations for additions or revisions back to the
Board. Member Ramirez suggested that Deputy City Attorney
Smyth review the ordinance and complaint process.
Juan Gonzales reported that last year he attended a State
Board of Ethics meeting and did a comparison with other
ci ties. Chula Vista's role is primarily investigative and
advisory. Boards in other cities have enforcement power
and full time staff. He feels that Chula Vista's Code is
adequate for the role the Board now has.
4. Designation of Member to Serve on Oversight Ad Hoc
Committee.
At the request of the City Council, a committee comprised
of former Councilmember John Moot, City Attorney John
Kaheny, a member from the Charter Review Commission and a
member from the Board of Ethics will meet to review a model
ordinance relating to campaign finance.
MSUC (Ramirez/Gonzales) to appoint Ricardo Gibert to the
Oversight Ad Hoc Committee.
5. Oral Communications:
There were none.
Board of Ethics Minutes
February 19, 2002
Page 3
6. Members' Comments:
Brown Act/Disclosure Statement training
Toni McKean gave a historical perspective
has occurred.
was discussed.
of how training
Member Ramirez suggested asking the City Attorney and City
Clerk to present the training and if they decline, then to
ask the City Council to direct staff to present training.
Chair Culver will send
Attorney via Deputy City
for the Board of Ethics.
an informal request to the City
Attorney Smyth to support training
Member Ramirez expressed a desire to include the public in
any type of training. Chair Culver stated that this type
of training is specifically for members of boards and
commissions to instruct them of their responsibilities in
conducting the duties of their office. He did not feel it
was appropriate to solicit public attendance at training
that is geared toward responsibilities of board and
commission members.
Member Rogers suggested putting a notice in the Star News
announcing that the City Attorney, along with the Board of
Ethics, is providing training for board and commission
members. This meeting, including all boards and commission
meetings, is open to the public.
Members Rogers and Ramirez drafted language for the Board's
review regarding the role of the Board of Ethics and the
complaint process. The Board would like to include the
information in the 'Spotlight" which is inserted in Chula
Vista residents' trash bills.
Chair Culver will draft a letter to the City of San Diego
Ethics Commission introducing the Chula Vista Board of
Ethics and informing them that Chula Vista has a Code of
Ethics. The Board also expressed an interest in having a
notice printed in the Star News regarding actions taken by
the Board of Ethics.
Member Ramirez advised the
Commissions Handbook states
the Code of Ethics for all
officials. This language
corrected.
Board that the Boards and
that the City Council adopted
elected and appointed public
is in error and needs to be
It was the consensus of the Board that the April meeting
will be held on April 23, 2002.
Board of Ethics Minutes
February 19, 2002
Page 4
The meeting adjourned at
meeting on Tuesday, March
Attorney's Library.
C:\Minutes\Ethics Feb02
5: lOp. m. to the next scheduled
19, 2002 at 3:45 p.m. in the City
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Recording Secretary