MINUTES OF THE MEETING
CITY OF SAN DIEGO ETHICS COMMISSION

September 6, 2001
5:00 P. M.
City Administration Building, 12th Floor
Council Chambers
202 C Street

MEMBERS

Lisa Foster
Albert Gaynor
Charles La Bella
Dorothy Leonard
April Riel
Dorothy Smith
Gregory Vega

Agenda Item No. 1 - Call to Order.

The meeting was called to order by Chairperson Dorothy Leonard at 5:00 p.m, with all Commissioners present with the exception of Commissioner Vega, who arrived at 5:05.

COMMISSIONER COMMENT

Chairperson Leonard asked for input on developing minutes of Commission meetings. Minutes should not be extensive, and should indicate the major topics of discussion and actions taken. Drafts should not include a watermark.

Commissioner Riel suggested that the Commission consider membership in the Council on Governmental Ethics Laws (COGEL).

Commissioner Foster suggested that the Commission be represented at the campaign finance reform workshop scheduled for October 12, 2001 in Los Angeles. Hosted by the USC Annenberg School for Communications and the Los Angeles City Ethics Commission, the workshop is designed to examine key election issues, including independent expenditures.

Agenda Item No. 2 - City Clerk Staff Report - Clerk's Role as Filing Official/Filing Officer.

Joyce Lane, Deputy Director of the Elections and Records Management Division of the City Clerk's Office, reported the Clerk's functions as a filing officer and filing official for campaign, lobbying and conflict of interest disclosure. The Clerk will continue to perform these functions, and will refer potential enforcement actions to the Ethics Commission.
(Tape location: A065-A221)
Agenda Item No. 3 - City Attorney Staff Report - Ralph M. Brown Act.

Deputy City Attorney Rick Duvernay reported on the applicability of the Brown Act to the Ethics Commission, including the types of meetings covered by the Brown Act, how and where such meetings are to be held, and what types of discussion are allowed in closed sessions. Other topics included non-agenda comment, and the confidentiality of complaints.
(Tape location: A222-B024)
Agenda Item No. 4 - Signing of Declaration - Prohibition on Running for Elective Governmental Office.

Deputy City Attorney Rick Duvernay presented a revised declaration to the Commissioners, which would replace the declaration distributed for signatures at the August 22, 2001 meeting. The revised declaration is germane only to the constraint which prohibits Commissioners from running for elective office during their tenure on the Commission and for a period of twelve months after ending their service.

MOTION BY FOSTER TO APPROVE LANGUAGE OF REVISED DECLARATION. Second by Smith. Passed by unanimous vote.
(Tape location: B025-B153)
Agenda Item No. 5 - Ethics Commission Worklist.

This item was continued pending the subcommittee reports from today's agenda.
(Tape location: B154-B165)
Agenda Item No. 6 - Subcommittee Report - Personnel.

Commissioner Foster reported on the subcommittee's development of a process for hiring the Commission's Executive Director, beginning with developing a job description. Commissioners received a draft job description. The subcommittee recommends the position be unclassified, and that an Executive Director be hired as quickly as possible, with September 28, 2001 as the cut-off date for receipt of resumes. Also recommended: responsibilities should be clearly delineated in the job description; salary should be left open at this time, commensurate with experience; during the first week of October, the subcommittee will screen resumes to develop a short list for interviews; interviews will be scheduled for October 6; Executive Director will be on-board in early November.

MOTION BY SMITH TO APPROVE REVISED JOB DESCRIPTION. Second by Riel. Passed by unanimous vote.
(Tape location: B166-B353)
Agenda Item No. 7 - Subcommittee Report - Procedures.

Commissioner Smith presented a comparison of procedures for the ethics commissions of San Francisco and Los Angeles, and reported that the subcommittee has identified a number of issues to be addressed in developing the San Diego Commission's rules and regulations.

Commissioner Riel presented a proposed timeline for developing rules and regulations.

The Commission discussed how to handle complaints until Council approves the Commission's rules and regulations, noting that the Fair Political Practices Commission (FPPC) has concurrent jurisdiction. Also discussed: scheduling workshops for interested parties to discuss ideas and concerns during development of rules and regulations; taking the rules and regulations to Council all at once, rather than piecemeal.

MOTION BY FOSTER TO CREATE AD HOC SUBCOMMITTEE TO WORK WITH ATTORNEY ON COMPLAINTS RECEIVED PRIOR TO COUNCIL ADOPTION OF RULES AND REGULATIONS. Second by Smith. Passed by unanimous vote.

Commissioners La Bella and Riel will serve on the subcommittee.
(Tape location: B354-C329)
Agenda Item No. 8 - Subcommittee Report - Subpoena Power.

Commissioner La Bella presented three ballot-language options to the Commission. Language the Commission wishes to appear on the March 5, 2002 ballot must be presented to the Rules Committee at its September 26 meeting. The Commission discussed amending the Charter by naming the Executive Director as a non-managerial position; and by giving subpoena power to the Executive Director or to the Commission.
(Tape location: C330-D232)
Agenda Item No. 9 - Non-Agenda Comment.

There was no public comment. Agenda Item No. 10 - Adjournment.

The meeting was adjourned by Chairperson Leonard at 7:30 p.m.

__________________________________
Dorothy Leonard, Chairperson
Ethics Commission

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Bonnie J. Stone
Deputy City Clerk