HomeMy WebLinkAbout1988/12/19 Board of Ethics Minutes
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MINUTES OF A
BOARD OF ETHICS MEETING
CITY OF CHULA VISTA, CALIFORNIA
December 19, 1988
Council Conference Room
6:30 p.m.
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MEMBERS PRESENT:
Donald Swanson, Harriet Action, Rodolfo
David, Leo J. Kelly and Jerry McNutt,
David Ferguson (arrived at 6:40 p.m.)
MEMBERS ABSENT:
None
CITY STAFF PRESENT:
D. Richard Rudolf, Assistant City Attorney
The Ethics Committee used the minutes of the Joint Citv
Council/Board of Ethics meeting from December 8, 1988 as an
agenda for the meeting and then proceeded to go through the Len
Moore (Ordinance B) draft ordinance section by section.
(1) Section 2.28.020 Responsibilities of Public Office It
was noted that the original draft included the City Attorney in
the ordinance's coverage, but that the motion by Mr. Nader set
forth in the December 8 minutes omits the City Attorney. The
Board of Ethics assumed that that was a typographical error and
that it is intended to include coverage of the City Attorney.
(2) Section 2.28.040
will fix the correction
include the appropriate
Service Rules.
It >!as noted that the City Attorney
to subdivision (1), and that staff would
changes to sUbparagraph (2) in the Civil
(3) It was noted that the City Attorney >!ould fix the reference
in Subsection 2b of 2.28.050 regarding personal gain.
(4) Section 2.28.050 2c MSUC (Ferguson/Acton)
amount be increased from $10 to $50 and the words
meals" be added following the dollar amount.
that the
"excluding
(5) Section 2.28.050 2.d. Although it was noted that there
had been no City Council action ,lith regard to this item, MSUC
(Acton/Swanson) to delete the words "or in endanger the
reputation of" and add "or" between the words "discredit" and
"embarrass".
(6) Section 2.28.050 2.f. MSUC (Swanson/Ferguson) that Mr.
Nader's suggestion be approved, that is, the words "with or
without" be deleted, and the word "for" be substituted instead so
that the third and fourth lines would now read "including
themselves, for compensation,".
(7) Section 2.28.050 2.g.
with the Council change.
MSUC (Acton/McNutt) to concur
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Board of Ethics Meeting
December 19, 1988
Page Two
(8) It vias noted that Section 2.28.080 had been referred to the
City Attorney by the City Council for correction.
(9) Section 2.28.150 MS (Ferguson/Acton) and approved 5-1,
with Member McNutt voting "no" to leave the section as it was.
HOI/ever, Member Svlanson made a motion for reconsideration
seconded by Member Davin, passed by unanimous consent. MSUC
(Swanson/David) that Section 2.28.150 consist only of tllO
subsections, the current subsection 3 and 4, modified as
follows: Insert the words "by majority vote" fOllowing the word
"determine" in the third line, and delete the words "or employee"
in lines 5 and 10. In subsection 4, which will become the nell
subsection 2, delete the phrase "in the case of an official of
the ci ty, or to the City Manager in the case of an employee of
the City" from lines 5, 6 and 7 of the subsection. This action
was in response that portion of the minutes vlhere Councilwoman
McCandliss asked Chairman Swanson to provide the Councilmembers
with a summary of the Board's version of how they would be
conducting their hearings.
(10) With regard to the "Code of Ethics", MS (Acton/Kelley)
moved to delete Sections 3, 5, 6, 7, 9 and 10. Following
discussion, the motion was amended by the maker and second, and
passed by unanimous consent to amend Section 5 to read as
follows: "I will not accept or receive special favors for
myself, family or friends". Section 6 I/as amended by adding the
vlOrds "suspected" before the "cor rupt ion" , and passed by
unanimous consent with r1ember David absent. Sections 7 and 9
were deleted and Section 10 approved as currently written, bv
unanimous consent.
The Board was advised by the Assistant City Attorney, its
secretary, that the Board of Ethics changes would be combined by
the City Attorney' staff with the City Attorney's changes
directed by the City Council and a final form of ordinance
presented to the City Council for adoption at the earliest
opportunity. Staff will provide members of the Board of Ethics
with copies of the proposed ordinance and the accompanying A-113
in advance of the City Council consideration.
The Board of Ethics adjourned at 8:42 p.m.
i__~C!G !/
D-: chard Rudol
Secretary
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