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HomeMy WebLinkAbout2002/06/18 Board of Ethics Minutes MINUTES OF A BOARD OF ETHICS MEETING CITY OF CHULA VISTA, CALIFORNIA June 18, 2002 City Attorney's Library 3:45 p.m. The meeting was called to order by Interim Chair Ricardo Gibert at 3:50 p.m. 1. Roll Call. MEMBERS PRESENT: Ricardo Gibert, Jean Rogers, Rudy Ramirez, Joanne Carson, Jesse Navarro MEMBERS ABSENT: Juan Gonzales MSUC (Carson/Navarro) to excuse Member Gonzales. STAFF PRESENT: Deputy City Attorney Nora Smyth 2. Approval of Minutes of May 14, 2002. MSUC (Ramirez/Rogers) to approve the minutes of the meeting of May 14, 2002 with the following correction to the first sentence of the first paragraph of No.4: At the February 19, 2002 meeting, the Board voted to change the language in the above-referenced section from "probable cause to "good cause". 3. Members' Comments. MSUC (Gibert/Rogers) to move Agenda Item No.8, Members' Comments, up to No. 3 on the Agenda. Newly appointed Board Member Jesse Navarro introduced himself and gave a history of his background. The Board and staff welcomed Mr. Navarro and introduced themselves. The Board inquired on the status of filling the vacancies on the Board. Deputy City Attorney Smyth will check with the City Clerk regarding the list of eligible nominees. Jean Rogers inquired on the status of Kathleen Browder's complaint regarding recruitment and hiring procedures in the City Attorney's Office. Deputy City Attorney Smyth reported that Human Resources has been in contact with Ms. Browder and her complaint has been formally routed to the Civil Service Commission. Board of Ethics Minutes June 18, 2002 Page 2 Member Ramirez inquired how items are placed on the Board of Ethics agenda. Interim Chair Gibert responded that the Board may notify the Chair, either directly or via the Board Secretary, to request that items be placed on the agenda. Rudy Ramirez inquired on the status of the Council referral relating to the registering of lobbyists. The Board made a recommendation to the City Council in June 2001 to adopt the registration of lobbyists. In August of 2001, the City Council referred the item back to the City Attorney. Interim Chair Gibert suggested asking the City Council for a report on what action is taken on recommendations that the Board makes to the Council. 4. Creation of An Ad Hoc Committee to Discuss Expansion of Code of Ethics. Member Ramirez distributed copies of San Diego's Code of Ethics. It was moved by Member Ramirez and seconded by Member Navarro that an ad hoc committee of three people or less be formed to begin looking at the adoption of the same standards and procedures that the City of San Diego uses for their Ethics Commission. Discussion followed regarding the Council's wishes regarding the expansion of the Code of Ethics; looking at the actual ethics ordinance and the procedural side - how investigations are conducted; lobbyists; inviting the City Council to a Board of Ethics meeting. Deputy City Attorney Smyth stated that San Diego has encountered several problems with their model ordinance, their approach and the application of the new Code of Ethics and recommended putting the issue on hold for a while. Member Carson suggested holding forming a committee to compare ordinances. She stated that it is the Council's wishes are before time a workshop instead of and discuss the two important to know what is spent on the issue. Member Ramirez recommended that the Board read the ordinance and make a comparison between Chula Vista's Code and San Diego's Code. Deputy City Attorney Smyth stated the City Manager explore what regarding expansion of the Code. she could request that Council wishes to do Board of Ethics Minutes June 18, 2002 Page 3 Member Ramirez withdrew his motion. withdrew his second. Member Navarro MSUC (Ramirez/Carson) to hold a workshop (preferably within 45 days) for: 1) Review and discussion of the Code of Ethics and its expansion; 2) Comparison of Chula Vista's and San Diego's Codes. Member Ramirez moved that subsequent to the next Board of Ethics meeting, an ad hoc committee with three or less members be formed to look into specific action relating to expanding the Code of Ethics. Member Rogers seconded the motion, and it carried with Member Gibert voting no. 5. Requirements for a Quorum. Nora Smyth discussed Government Code ~54953 relating to teleconferencing. Teleconferencing can be used if the City allows it; however, Chula Vista's Municipal Code and Charter do not contain provisions that allow teleconferencing. In addition, ~54953 requires that during the teleconference, a quorum of members of the legislative body shall participate from locations within the boundaries of the territory of which the local agency exercises jurisdiction and agendas must be posted at all teleconference locations. 6. Election of Chairperson and Vice Chairperson. Member Ramirez moved to nominate Ricardo Gibert for Chair and Jean Rogers for Vice Chair for Fiscal Year 2002-2003. The motion carried with Member Gibert abstaining. 7. Oral Communications. There were none. 8. Staff Comments. Deputy City Attorney Smyth reported that information on the Board of Ethics will be published in the next available issue of the "Spotlight" which is included with the trash bills. Ms. Smyth shared with the Board a copy of the publication A Local Official's Guide to Ethics Laws and asked the Board if there was any interest in ordering copies for each member. Ricardo Gibert will review the booklet and return it to Ms. Smyth, who in turn will forward it to Mr. Ramirez. Board of Ethics Minutes June 18, 2002 Page 4 MSUC (Ramirez/Gibert) to adjourn the meeting at 5: 32 p.m. to the next scheduled meeting followed by a workshop on Wednesday, August 7, 2002 at 4:00 p.m. in the City Attorney's Library. " .... (.,.-C;--"'\- '~y~.,C.~'l....j '"Recording /") , " "f' ...; ^ .- ~ j ~' /... ,- ,.,,\ ",' "':J't..~....y ~_/ ~.\....,,-.,,.. .,..- Secretary C:\Minutes\Ethics June 02