HomeMy WebLinkAbout1991/04/17 Board of Ethics Minutes
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MINUTES OF A
BOARD OF ETHICS MEETING
CITY OF CHULA VISTA, CALIFORNIA
April 17, 1991
City Attorney's Conference Room
5:00 p.m.
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MEMBERS PRESENT:
Harriet Acton, Donald Swanson, Jerry McNutt,
Leo Kelly, Rudolfo David, Janet Richter
MEMBER ABSENT AND EXCUSED: stephen Padilla
CITY STAFF PRESENT: Assistant City Attorney Richard Rudolf, City
Manager John Goss and Melody Kessler,
Assistant Director of Personnel
1. The meeting was called to order by Chairperson Acton at 5:03
p.m.. It was MSUC (David/McNutt) to excuse Member Padilla due to
his conflict with his class.
2. It
Richter
April 4,
(Swanson/Kelly)
to approve the
and
of
was MSUC
abstaining)
1991.
approved
minutes
4-0-2
of the
(David
meeting
3. City Manager Goss responded to questions from members of the
Board regarding the employees' knowledge of the Code of Ethics
and knowledge of and comfort with reporting through the chain of
command with regard to perceived problems raised by conduct of
members of Councilor former City officers covered by the Ethics
Code. Several members of the Board expressed the view that the
Ethics Code should apply to all employees ultimately, and were
particularly interested in having the Ethics Code apply to former
department heads. Member Swanson inquired regarding the
statement of values prepared by the QWL Steering Committee. Mr.
Goss responded that it was inappropriate for the City Manager to
give QWL direction because of the focus of the program on
consensus building. Mr. Goss explained new employee
indoctrination during which he encourages new employees to bring
questions and complaints to him directly or indirectly by
bypassing the chain of command if the individual is uncomfortable
with reporting or complaining through the chain of command.
Assistant Director Kessler added that many concerns of employees
are raised indirectly through contact with the Personnel
Department, which assists in keeping confidentiality and insuring
that the complaint or comment is forwarded on to appropriate
management for response or investigation. Chairperson Acton
inquired regarding Mr. Goss' policy on memberships on nonprofit
Board of Directors. Mr. Goss responded he belonged to none. Mr.
Rudolf explained that membership on the Board of Directors of
nonprofit organizations for which persons did not receive
compensation was not a disqualifying situation for members of
Council, but that nevertheless some members of Council had
refused to participate because of the appearance of impropriety.
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Board of Ethics
4/17/91 Minutes
4. Member McNutt pointed out that the words "formal or informal"
had been inadvertently deleted from the provision which went
forward to the city Council and was approved last night amending
the Ethics Code. The consensus was that the language was
inadvertently deleted or never taken down to be included, and
should be included at some future date.
5. Incompatible Activities Update. In addition to the comments
made by Mr. Goss and Ms. Kessler, Mr. Rudolf advised that a draft
Incompatible Activities Code had been prepared and forwarded to
the Personnel Director and would be forwarded to all department
heads with a list of all classifications in their department.
The department heads would be requested to review the list of
classes and the proposed Incompatible Activities Code to specify
any particular classifications, prohibition from outside
employment for compensation as well as the general language and
structure of the proposed Code itself. A response was expected,
according to Mr. Goss, within about a month.
6. Conflict of Interest Code. Mr. Rudolf clarified
Board of Library Trustees was included within the
designated employees in the Conflict of Interest Code.
had previously advised that the written communication
Board of Library Trustees had been filed last night by
Council and no further action was anticipated.
tha t the
list of
Mr. Goss
f rom the
the Ci ty
7. Conflict of Interest Board of Directors Nonprofit Agencies.
Mr. Rudolf reaffirmed the advice given during Mr. Goss I comments
regarding his membership on Boards of Directors for nonprofit
agencies that mere membership was not disqualifying under the
Fair Political Practices Act. Member McNutt commented that it
certainly gave the appearance of impropriety for a member of the
Board of Directors of a nonprofit organization to participate in
an item pending before the Council regarding that organization.
8. Incompatible Activities
questions were raised since
No.5 above.
Code-Dual Employment Guidelines.
the issue was discussed under
No
Item
9. Los Angeles City Code of Ethics. Copies were distributed to
Board members not having previously received them and Member
McNutt suggested that the Chula Vista Code be reviewed in light
of the Los Angeles Code in a workshop setting.
10. There were no members of the public present wishing to make
oral communications with the Board. It was MSUC (Swanson/Kelly)
to adjourn at 6:08 p.m. and meet for a workshop on Wednesday, May
15, 1991 at 6:00 p.m. in the City Attorney's Conference Room.
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D. Richard Rudolf ( .
Board of Ethics Sec~y