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HomeMy WebLinkAbout2007/07/26 Board of Ethics Minutes MINUTES OF BOARD OF ETHICS MEETING CITY OF CHULA VISTA, CALIFORNIA Julv 26. 2007 Attornev Conference Room 5:00 P.M. 1. Roll Call MEMBERS PRESENT: Felicia Starr, Guy Chambers, Chris Searles, Harriet Acton, Michael German, Norma Toothman MEMBERS ABSENT: Todd Glanz Chair Searles indicated that he had received a message from Member Glanz that he would try to be at tonight's meeting, but might be running late. Inasmuch as he had contacted the Chair, Chair Searles moved to excuse Member Glanz' absence. Member German seconded, and the motion carried unanimously. ALSO PRESENT: Assistant Joan Dawson, City Attorney's Office, Cheryl Ponds, Legal 2. Approval of the minutes of March 21, 2007, April 18, 2007 and June 20, 2007 As an aside, Member German noted that in each of these minutes, member of the public Sam Longanecker's name has been misspelled. The secretary was asked to correct this in all of the preceding minutes. A revised set of minutes of the March 21, 2007 had been submitted for review. The Board MSUC (German/Starr) to approve the revised March 21,2007 minutes. It was MSUC (Toothman/German) to approve the April 18, 2007 minutes as submitted. It was MSUC (German/Starr) to approve the June 20,2007 minutes as submitted. 3. Selection of 2007-08 Chair and Vice Chair Chair Searles noted that at the last meeting when this item was considered, several members were absent so the selection of officers was tabled to a future meeting. Member Chambers asked whether Chair Searles still wished to step down as Chair, and Member Searles indicated he had recently accepted the position as Chair of the Parks & Recreation Commission and felt it was time for someone else to serve as the Chair of the Board of Ethics. He asked if any of the members present were interested in serving in this capacity. 1 Member German indicated that he had reconsidered his former position on this issue and, due to changes in circumstances, he would be willing to serve as Chair. Member Starr proposed, and Member Acton seconded, the nomination of Michael German as 2007-08 Chair of the Board of Ethics. Member Chambers proposed, and Member Toothman seconded, the nomination of Felicia Starr as 2007-08 Vice Chair of the Board of Ethics. It was MSUC (Starr/Acton) to approve the election of Michael German as Chair. It was MSUC (ChamberslToothman) to approve the election of Felicia Starr as Vice Chair. 4. Review and Disposition of EC02-2006 and Discussion of Status from the California Fair Political Practices Commission re: Letter from Board of Ethics Concerning EC02- 2006 This complaint was referred by the Board of Ethics to the District Attorney and the Fair Political Practices Commission in July 2006. Chair Searles asked Member German to brief the Board on what had transpired. Member German mentioned that at an earlier Board meeting he had indicated he had seen what he thought was a response from the FPPC to Complaint EC02-2006. In fact, the letter from the FPPC dated June 27, 2006 was not a response to the Board of Ethics' referral but rather a response to two earlier complaints on the same issue that were independently filed on January 3 and March 27, 2006. The District Attorney's Office had responded to the Board of Ethics indicating that they would not comment on an ongoing investigation, but the FPPC has never gotten back to the Board. Chair Searles explained that the Board had previously believed they could not move forward on a complaint without first forwarding them to the appropriate agencies and receiving a response. It has since been determined that that is not the case and not having a response does not preclude the Board from taking action if they so choose. He asked the Board if they wish to follow up with the FPPC to press for a response, and if they have had a chance to review Complaint EC02-2006. He then asked Attorney Dawson if Item 4 could be split, so that a vote could be taken as to following up with the FPPC regarding garnering a response to the Board's query, but postponing discussion on the disposition of the complaint to a future meeting after the Board members have had more time to review the document. Attorney Dawson noted that if the Board has not voted on what to do with the document, the confidentiality of the complaint would require it not be discussed in an open meeting. 2 She also noted that there is a process of notification set out in Chapter 2.28.150 of the Municipal Code, which must be followed. Member German indicated that the Board had actually taken action, based on their belief that the complaint had merit, and that was why it had been referred to the District Attorney and the FPPC. Chair Searles referenced the minutes when this complaint was originally considered, and the Board had decided there was probable cause sufficient to merit an investigation of the complaint. At that time, the City Attorney indicated the Board could not move forward without the opinions of either the Grand Jury, District Attorney or FPPC. Some of the current members of the Board were not on the Board when this complaint was received and forwarded and therefore were not familiar with the history. It was MSUC (Searles/German) to follow up with the Fair Political Practices Commission for a response to the Board of Ethics' July 14, 2006 request for an opinion regarding the illegality or conflict of interest concerns in EC02-2006. Discussion ensued regarding the merits of the letter coming from the City Attorney rather than the Board, or jointly from both entities. The consensus was to make the letter from the Board, with a cover letter from the City Attorney's Office. Member German offered to draft the letter, which he will provide to the Board at their August meeting for approval. It was MSUC (Searles/Starr) to continue discussion of Complaint EC02-2006 to the August Board of Ethics meeting. Member Acton asked if the members who were not on the Board when the complaint was first received could get copies of the minutes and any other information which was provided originally on this issue. Chair Searles explained that because this complaint was discussed in Closed Session, there are no minutes, but what is on record is the decision that this complaint had merit. It was MSUC (GermanlToothman) to request the City Attorney's office to research this item and bring back an outline the Board can follow in discussing EC02-2006. 5. Board of Ethics Appointment Process Chair Searles explained that at the last meeting, discussion regarding alternates to having judges involved in the Board member appointments was discussed. Member Glanz was going to address this issue, but inasmuch as he had not arrived at the meeting yet, this would have to be continued. Chair Searles questioned Attorney 3 Dawson if the Attorney's Office had made any contacts and she reported that Sharon Marshall had told her that the Attorney's Office was tasked with contacting USD and that it was in progress. Chair Searles explained that he had spoken to a Coronado City Councilman (Phil Monroe) about the Board's desire to have an outside appointment process for new members. After brainstorming various exchange processes and discussing ideas with Mayor Cox, a possible plan has evolved where the City Manager of Imperial Beach, National City, Coronado or Chula Vista will each be used to make recommendations for certain appointments in one of the other cities, which will then be ratified by the respective Mayor and City Council of that city. Chair Searles reiterated that this is just in the discussion stage and he is still meeting with members of the City Councils of these cities, but it is promising alternative. It was MSUC (Searles/German) to continue this item to the next meeting, where the new Chair can follow-up on its progress. 6. Status of Ad Hoc Committee and Ethics Code Revision Time Line Chair Searles explained to Attorney Dawson that the Board had requested that an Ad Hoc Committee be formed with members of the Board of Ethics and the City Council. He had attended a Council meeting several months ago and spoke at that meeting to explain the Board's desire to have the Council represented on the Ad Hoc Committee in order to provide their expertise on presenting the Board's proposed revisions to the Code of Ethics to the general public. Former Attorney Elizabeth Hull was supposed to get the appointment of Council members agendized for an upcoming City Council meeting. To date, the Board has heard nothing further. Attorney Dawson indicated she will follow up on this item and get back to the Board. Chair Searles explained that the timeline for the revision of the Code of Ethics (end of the year) was based on the Ad Hoc Committee's having been formed, and it is unlikely that the original timeline can be met. 7. Approval of 2006-07 Summary of Activities Chair Searles had prepared a draft Summary of Activities for 2006-07 for review by the Board. Under General Purpose of the B/C/C, he proposed the wording: "Establish and implement the City Code of Ethics; advise the City Council on implementation of the Code of Ethics; propose revisions to the Code to ensure pertinence and effectiveness; and receive and investigate complaints of unethical conduct." Under Highlights of Activities during the Past Year, he suggested the wording: "The 4 Board continued to work on the proposed revisions and amendments to the Code of Ethics and amending the complaint procedure. A road map and time line was developed in our effort to move forward toward completion of the revisions in a timely manner. Additionally, the Board generated requests to the City Attorney's Office seeking the right to request independent counsel in circumstances, depending on the nature of the given complaint, and to the Acting City Manager requesting additional resources for additional training of Board members beyond the mandated AB 1234 workshop." Under Comments and Recommendations to Council, he proposed: "It is an honor and privilege to serve on the Board of Ethics and we look forward to the continued support of the Mayor and City Council." It was MSUC (Starr/Chambers) to approve the 2006-07 Summary of Activities as presented by Chair Searles. 8. Oral Communications Sam Longanecker questioned whether action would be taken to excuse Member Glanz' absence. Chair Searles indicated that a motion would be made before the end of the meeting. 9. Member Comments Member Starr thanked the Board members for their confidence in selecting her as Vice Chair. She also complimented Members Searles and German for their performance as Chair and Vice Chair during their terms. Member Toothman asked if, once the Attorney had researched what had occurred regarding the appointment of members to the Ad Hoc Committee, the results could be e-mailed to the Board rather than having to wait until the next meeting. Due to provisions of the Brown Act, the Attorney indicated she was hesitant to contact the Board bye-mail. If the Council had directed staff to place the item on an agenda, but it fell through the cracks, she will ensure that it is scheduled on an upcoming agenda. Member Acton commented that a lot of the items being discussed by the Board are like deja vu to her since they are on their second go-around. Member Chambers expressed his satisfaction with the revisions to the Code, and he thanked Chair Searles for his leadership and direction during the process. He congratulated Chair Searles on his election as Chair of the Parks and Recreation Commission, and voiced his agreement with the proposed plan to establish a relationship with the other South Bay cities for a mutual appointment process. Member German thanked the Board members for electing him as the new Chair of the 5 Board of Ethics. He complimented Chair Searles on his leadership abilities and his follow-through on issues, and indicated he had learned a lot from him. He questioned the status of having Patrick O'Toole from the District Attorney's Office attend a Board of Ethics meeting, and was told that it is scheduled for next month. He also asked for clarification on what the Attorney will be bringing back to the Board next month. Attorney Dawson indicated that she will come back to the Board with a report on what had previously been done by the Board on the Castaneda complaint and she will make sure the procedure outlined in the Municipal Code has been followed with regard to notifications, etc. She will also research the issue of the Council appointees to the Ad Hoc Committee and, if Council had in fact asked that this be placed on an upcoming agenda, she will see that it is done. She noted that, in terms of getting it on the agenda, she will look at the City Council's calendar and not schedule it until after the next meeting of the Board of Ethics in case there are any additional comments the Board would like to include. Chair Searles thanked the Board members for their support over the past year. He indicated he is looking forward to continuing on the Board, although in a less active role. He felt that the Board needed to work on improving communication with staff. Also, he felt that although clerical staff does an excellent job of preparing agendas and backup materials, there was not always support at the meetings and occasionally things would be brought up which they were unaware of. He didn't know what could be done about this but just wished to articulate it for the record. Another issue was that the Board had sent out letters, not just the one to the FPPC, but to City officials (the then Acting City Manager and the City Attorney's Office) who have not responded, e.g., whether the Board could have the services of an independent counsel. The other issue is that of additional training once each term. Although he realized the City is facing budget constraints, he felt that this did not have to be a costly endeavor, and that perhaps the City Attorney's Office could provide the training. He also reminded the members that e-mail is a very useful tool and can be a boon in discussing proposed dates and times for meetings, as well as what items should be on the agenda, but there can be no discussion about the content of agenda items or it would be a violation of Brown Act provisions. As a final comment, Chair Searles reminded the members of the Board that their civic involvement comes under greater scrutiny than that of the average citizen. Even such simple activities as placing a support sign for a particular candidate can be regarded as unethical. He urged them to be very cautious in getting involved in political issues while serving on the Board of Ethics. Member Acton commented that she, in fact, is seeking advice from the City Attorney's Office on an issue where she is a member of the Board of Ethics but also actively participates in a local community group that does take sides on certain civic issues. She is still awaiting a response. 6 Member Toothman inquired whether civic involvement was regarding the City of Chula Vista only, or other jurisdictions as well. The response was that it was for any election or involvement that might affect Chula Vista. 10. Staff Comments Ms. Dawson had none, but the members of the Board welcomed her as their new liaison with the Attorney's Office and Chair Searles indicated that he has enjoyed the interaction he has had with her so far and she has been very diligent in responding to his questions. ADJOURNMENT AT 6:13 p.m. to the August 15, 2007 meeting at 3:30 p.m. ~~\t~ --R u. MaryAnn Bar. i IT Recording Secretary 7