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HomeMy WebLinkAbout2003/04/01 Board of Ethics Minutes April 1. 2003 City Attorney's Library RECEIVED 'Q3 APR -B A 9 :02 CiTlr' ,"'\r'. ^ , I 'i" till'" . elT" ;,: cC' )Li'; VI<:- T vltRK'S OFt" '. 3:45 p.m. MINUTES OF A BOARD OF ETHICS MEETING CITY OF CHULA VISTA, CALIFORNIA 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: Juan Gonzalez. Motion to Excuse (Gibert/Rogers). STAFF PRESENT: Deputy City Attorney Nora Smyth; and Deputy City Attorney Elizabeth Hull Confirm Residential address of Committee Member Jesse Navarro/Quorum DCA Smyth confirmed with Jesse Navarro that his current address is still in Chula Vista as the 4/1/03 agenda was sent to the listed Chula Vista address and returned to sender providing a new address on Papillo Street, San Diego. Navarro confirms that he still resides in Chula Vista, and that a family member had moved to the San Diego address. Chair Ricardo Gibert swore in Navarro regarding this confirmation and acknowledges a valid quorum. 2. Approval of Minutes of December 3. 2002 MSUC (RamierzlRogers) to approve the minutes of the meeting of December 3, 2002. Gibert moves to move up agenda items #4 Review of Complaints Received and #5 Oral Communications consecutively in the instance that any members of the public arrived. MSUC (Gibert/Ramirez) 3. Report of Ad Hoc Committee for Presentation to City Council the Expansion to the Code of Ethics Chair Gibert led a discussion regarding a report prepared by the Ad Hoc Committee concerning possible revisions to the Code of Ethics for presentation Board of Ethics Minutes April 1, 2003 Page 2 to City Council. The report to City Council contains five areas of concern: 1) ambiguities in the language itself as far as scope is concerned; 2) confidentiality with respect to meetings being public and the possible adoption of a confidentiality section; 3) "whistle blower" protection for classified and unclassified employees who wish to report unethical conduct by a city official; 4) definition of unethical conduct; and 5) 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. The report has been provided to the City Clerk's Office to be set for the next City Council Agenda Meeting on April 8, 2003, DCA Smyth advised that a cover letter would be prepared containing staff's recommendation to attach to the report of the Ad Hoc Committee. Upon potential approval by City Council the Ad Hoc Committee hopes to have the project complete within 90 days. Chair Ricardo Gibert raises a motion to move items #6 and #7 up. MSUC (Gibert/Ramirez). 6. Members' Comments. Jean Rogers requests new roster for Board of Ethics Committee. Rudy Ramirez discusses that Ken Culvert previously provided training for interviewing witnesses and recommended that the Board of Ethics Committee have possibly one or two members obtain training from an investigator with Chula Vista Police Department. Ramirez further addressed that this training would be helpful to the Board of Ethics in any potential interviews of complainants to be conducted by the board. DCA Smyth advised that will she endeavor to get an individual from the police department to provide such training to the Board of Ethics. Jesse Navarro advises that he is now a special assistant to the district attorney and wants to assure that there are no conflicts. DCA Smyth advised that there are no conflicts as the district attorney does not fall within the purview of the City of Chula Vista's Code of Ethics, as the District Attorney is not a city official. DCA Smyth further stated that each complaint to the Board of Ethics is reviewed on an individual basis and if the District Attorney or their offices were intertwined with one of the complaints Navarro would need to recuse himself in the handling of that complaint. 7. Staff Comments. DCA Smyth has inquired with the City Clerk and Mayor's Office regarding the applications to the Board of Ethics. New applications have been received and Board of Ethics Minutes April 1, 2003 Page 3 will be provided to Supervising Judge, Jeffrey Fraser in hopes of filling the two vacancies on the Board of Ethics. DCA Smyth advises that Board of Ethics Secretary, Joyce Malveaux requests that board members be more diligent in returning phone calls and keeping us apprised of current information such as phone number and addresses. Rudy Ramirez suggests members provide email addresses to the secretary to assist in this effort. Email addresses were received for Jesse Navarro, Jean Rogers, Rudy Ramirez and Chair Ricardo Gibert. 4. Review of Complaints Received. DCA Smyth informs the board that two members of one of the City of Chula Vista's commissions had their city business cards printed to include information of their private business. DCA Smyth advised that she sent a letter to the individuals advising of a breach of the Code of Ethics; requesting they cease from this practice and return any unused business cards. The board members in response were apologetic, explained the convenience of having one card instead of two and returned cut-up the remaining cards. DCA Smyth recuses herself from the remainder of the meeting. Chair Gibert states for the record that DCA Smyth has recused herself and the new legal advisor to discuss remaining complaints is DCA Hull. Gibert confirms that all members have had an opportunity to review the complaints of Donald R. Lake of December 20, 2002, and December 22, 2002. All members acknowledge that they have in fact reviewed the complaints. Gibert asks DCA Hull if she has a legal opinion of the complaints received. DCA Hull advises that neither of the complaints is in the jurisdiction of the Board of Ethics. DCA Hull advises that the December 20, 2002, complaint regarding the Chula Vista South Branch Library employee Paula Brown, Assistant Director of Libraries and the December 22, 2002, complaint regarding officers of the Chula Vista Police Department do not fall within their jurisdiction as they are individuals that are individuals that are not bound by the Code of Ethics. Chapter 2.28020 of the Municipal Code indicates that the Board of Ethics jurisdiction is limited to the Chula Vista City Council, City Manager, City Attorney, City Clerk, Boards Members and Commission Members. DCA Hull further advised that there is a police department complaint procedure to address citizen complaints against police officers. Gibert moves to dismiss the complaints of December 20, 2002, and December 22, 2002, of Mr. Lake for lack of jurisdiction. MSUC (Gibert/Navarro). Gibert requests that staff draft a letter to Mr. Lake explaining the dismissal of both complaints due to lack of jurisdiction. Gibert also requested that staff provide Mr. Lake with other venues for addressing the complaints. Gibert motions that members delegate to him the power and authority to review the letter from legal Board of Ethics Minutes April 1, 2003 Page 4 counsel to Mr. Lake to be signed by Gibert for forwarding to complainant. MSUC (Gibert/Rogers). . 5. Oral Communications. There were none. MSUC (Gibert/Rogers) to adjourn the meeting at 5:27 p.m. to the next scheduled meeting Tuesday, April 22, 2003, at 3:45 p.m. in the City Attorney's Library. ..:D;....V.-.-;j.''''... \).J~"~ L-.., .~ (' ( . ". _~. Rec rd'i~g. e etary \~ C:\Minutes\Ethics Apr 03