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HomeMy WebLinkAbout2003/04/22 Board of Ethics Minutes MINUTES OF A BOARD OF ETHICS MEETING CITY OF CHULA VISTA, CALIFORNIA April 22. 2003 City Attornev's Librarv 3:45 p.m. The meeting was called to order by Chair Ricardo Gibert at 4:33 p.m. 1. Roll Call. MEMBERS PRESENT: Ricardo Gibert, Jesse Navarro, Rudy Ramirez, Jean Rogers, Juan Gonzalez STAFF PRESENT: Deputy City Attorney Nora Smyth 2. Approval of Minutes of April 1, 2003 MSUC (RamierzlGonzalez) to approve the minutes of the meeting of April 1, 2003. 3. Ad Hoc Committee Revisions to the Code of Ethics Chair Gibert led a discussion regarding the memorandum from the Board of Ethics of April 2, 2003, submitted to the Honorable Mayor and Council regarding revisions to the Code of Ethics, The matter was placed on the consent calendar and certain issues were identified for pertinent reviewing, The purpose of the memorandum was to obtain insight as to if the Mayor and Council were interested in entertaining the idea of potential revisions to the Code of Ethics. DCA Smyth advised that the item was accepted and referred to staff. Additionally, Mayor and Council would like more information on the issues and staff's opinion of such issues. DCA Smyth states in some instances the matters were intentionally vague and broad to allow the matters to be explored. At this point, DCA Smyth suggests that the matters be narrowed and defined, and upon definition of the issues, DCA Smyth will conduct research and prepare a legal memorandum. The legal memorandum will provide information such as, whether the issues are preempted, legal but not a good idea. Chair Gibert raised the issue of confidentiality and whether there is any state law that would preempt the committee from conducting confidential hearings or investigation of complaints. DCA Smyth advised that the Brown Act prohibits private meetings and that investigations or hearings must be held in open session. Board of Ethics Minutes April 22, 2003 Page 2 Ramirez discusses the issue of the Code of Ethics and the boundaries set forth that aids individuals such as the City Manager or, City Attorney. Ramirez further states that the Code of Ethics and Ordinance should be user friendly, easy to read, understand and apply. Additionally, Ramirez reflects upon the City of San Diego's Code of Ethics and the specificity of limits and behavior set forth therein which makes the code understandable and easier to apply. As to the issue of confidentiality, individuals during an election period can bring forth frivolous accusations intended to manipulate the process hence the need to create an ordinance addressing this issue. Ramirez expressed his hope to take a regional approach on ethics and look upon the codes of the City of San Diego, Port District, and Chula Vista with the goal of standardizing the codes so that each jurisdiction is the same, thereby creating an ethical climate within the city government. Rogers suggests concentrating on one or two areas that are the most important. Gibert agrees with Rogers' suggestion to narrow the scope and focus on a couple of the issues. Gibert moves that the Ad Hoc Committee meet to clarify the specific areas to be explored for future revision of the Code of Ethics and forward recommendations to stafffor legal opinion. MSUC (Gibert/Navarro). 5. Review of Letter to Complainant Gibert moves to move item no. 5 - Review of letter to Complainant, Donald Lake regarding complaints December 20, 2002, South Chula Vista Library Branch (Paula Brown); and December 22, 2002, Chula Vista Police Department Officers (Unnamed). The letter provided that the Board of Ethics had reviewed the complaints and determined that due to lack of jurisdiction the Board of Ethics is unable to conduct any investigation, therefore, both complaints were dismissed. Chula Vista Municipal Code Section 2.28.020, proscribes the Board's jurisdiction as: This chapter shall apply only to members of the Chula Vista city council, city manager, city attorney, city clerk, board members and commissioners, as well as to ex-city officers who were subject to the conflict of interest code. As such, employees of the library and employees and officer of Chula Vista Police Department do not fall under the Board's jurisdiction. Motion to approve letter to complainant as written. MSUC (Ramirez/Gonzalez). The letter was then signed by Gibert for mailing. Board of Ethics Minutes April 22, 2003 Page 3 4. Board of Ethics Committee Vacancies. DCA Smyth advised that she has a meeting scheduled to meet with Supervising Judge Fraser on April 28, 2003, to review potential applicants for the Board of Ethics Committee. 6. Oral Communications. There were none. 7. Members' Comments. Gibert requested staff to provide a copy of the budget at the next Board of Ethics meeting. Gibert further discussed if there is overtime for staff if the funds come out of the Board of Ethics' budget. Secretary to the Board of Ethics, Joyce Malveaux confirmed this. Ramirez addressed an issue from the April 1, 2003 meeting in which two members of the City of Chula Vista's commissions had their city business cards printed to include information of their private business. Ramirez questioned which section of the Code of Ethics the individuals had violated. DCA Smyth advised Ramirez that the individuals had violated Section 2.28.050 (B), Unethical Conduct, which proscribes: Specific Prohibitions. City Officials (including nonpaid commission . . .) shall be considered to have committed unethical conduct if any of the following occur: 1. Used one's position of title for personal gain but not found to be an act of illegality or conflict of interest by the district attorney, Grand Jury or Fair Political Practices Commission. . . . 4. Used or permitted the use of city time, personnel, supplies, equipment, identification cards/badges or facilities for unapproved noncity activities, except when available to the general public or provided for by administrative regulations. Rogers addressed that the Board of Ethics had created an insert detailing who the Board of Ethics is for inserting in the City's waste disposal bills which never occurred. DCA Smyth will look into the matter. 8. Staff Comments. DCA Smyth introduced Diane Clancey, Executive Secretary to the City Attorney to the Board of Ethics. In the event that the Secretary to the Board of Ethics, Joyce Malveaux in unable to be in attendance at a meeting Ms. Clancey will serve as backup. Board of Ethics Minutes April 22, 2003 Page 4 MSUC (Rogers/Ramirez) to adjourn the meeting at 5:38 p.m. to the next scheduled meeting Tuesday, May 27, 2003, at 3:45 p.m. in the City Attorney's Library. ~~~ ~) ( C:IMinuteslEthics Apr 22 03