HomeMy WebLinkAbout2002/12/03 Board of Ethics Minutes
MINUTES OF A
BOARD OF ETHICS MEETING
CITY OF CHULA VISTA, CALIFORNIA
December 3. 2002
City Attornev's Library
4:00 p.m.
The meeting was called to order by Chair Ricardo Gibert at 4:13 p.m.
1. Roll Call.
MEMBERS PRESENT: Ricardo Gibert, Jesse Navarro, Rudy Ramirez,
Jean Rogers
MEMBERS ABSENT:
(RamierzlNavarro)
Juan Gonzalez.
Motion to Excuse
STAFF PRESENT: Deputy City Attorney Nora Smyth
2. Approval of Minutes of December 3. 2002
MSUC (RamierzlRogers) to approve the minutes of the meeting of August 7,
2002.
3. Report from Ad Hoc Committee Relatinq to Expansion to the Code of Ethics
Chair Gibert led a discussion regarding the Ad Hoc Committee's (chaired by
Rudy Ramierz, Ricardo Gibert and Jesse Navarro) review of the City of San
Diego's Code of Ethics for a comparison to the City of Chula Vista's Code of
Ethics for consideration of expansion of the City of Chula Vista's Code of Ethics.
The Ad Hoc Committee set forth the following issues to be addressed: review of
the code to clean up ambiguities in the language itself; confidentiality with
respect to meetings being public and the possible adoption of a confidentiality
section; "whistle blower" protection for classified and unclassified employees who
wish to report unethical conduct by a city official; definition of prohibitions of the
Board of Ethics Committee and what is considered unethical conduct; and the
Conflict of Interest Code referenced in the Board of Ethics Code and how it
applies and relates to the Code of Ethics absent a conflict of interest. These
issues are to be formally presented to City Council as issues the Board of Ethics
Committee would like to explore for potential amendment or expansion of the
existing Code of Ethics. Chair Gibert will draft a document reflecting the issues
for presentation to City Council.
Board of Ethics Minutes
December 3, 2002
Page 2
MSUC (Ramirez/Gibert) to recommend to the City Council that the Board of
Ethics Committee review the Code of Ethics for possible amendments with
regard to current ambiguities in language; the issue of confidentiality, "whistle
blower" protection for classified and unclassified employees; definition of
prohibitions of the Board of Ethics Committee and what is considered unethical
conduct; and the Conflict of Interest Code referenced in the Board of Ethics Code
and how it applies and relates to the Code of Ethics absent a conflict of interest.
All abstaining, motion passes.
4. Review of Complaint Received.
Review of complaint from a Juan Gonzalez received election day, November 5,
2002, hand-delivered and addressed to Connie Brennan regarding a request to
the Board of Ethics Committee to publicly reprove Council member Mary Salas
for her racial slurs. The complaint further stated that Salas' comments in the
print and on the radio were inexcusable and that every elected official treat the
entire community with dignity and respect, as Salas has not; her use of the word
gringo needs to be dealt with in a same manner as had one of the White council
members referred to African Americans as "nigger."
DCA Smyth stated the letter was not signed under penalty of perjury, and did not
include an address or telephone number of the complainant. She then quoted
the Chula Vista Municipal Code Section 2.28.090 Duties of the Board, Section A:
"to receive or initiate complaints of violations of the Code of Ethics. All
complaints shall be sworn under penalty of perjury and shall be in writing
containing full allegation of facts which would constitute a violation of the code."
DCA Smyth further stated that as the letter was not signed under penalty of
perjury and there was no way to contact the complainant, in her legal opinion it
should not be considered by the board.
MSUC (Gibert/Rogers) motions that Board of Ethics Committee move to fail to
recognize complaint due to Section 2.28.090 and failure to comply with
procedure. Further jurisdiction cannot be established and the board is unable to
determine if complainant is a Chula Vista resident as no contact information was
provided. Additionally, complainant has failed to sign the complaint under
penalty of perjury. All abstaining, motion passes.
5. Oral Communications.
There were none.
Board of Ethics Minutes
December 3, 2002
Page 3
6. Members' Comments.
Rudy Ramirez attended the ethics dinner of The Values Institute at USD on
October 1, 2002. Ramirez has provided his name to The Values Institute as a
point of contact for future events. Additionally the Values Institute is in the
process of creating a website and organizing a group exclusive to San Diego to
discuss ethics.
Jean Rogers addressed possible new members of the Board of Ethics
Committee. DCA Smyth states that the new South Bay Supervising Judge, Jeff
Frazier has received applications from interested applicants and will review
applications and interview potential candidates prior to making recommendations
to the Mayor who will bring before council.
7. Staff Comments.
DCA Smyth welcomes Joyce Malveaux. Connie Brennan retired November 27,
2002, after serving 30 plus years with the City of Chula Vista.
MSUC (Gibert/Rogers) to adjourn the meeting at 5:27 p.m. to the next scheduled
meeting Tuesday, January 7,2002 at 3:45 p.m. in the City Attorney's Library.
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