Chula Vista’s city attorney has said that newly appointed Councilman Steven Miesen poses a “remote conflict of interest” with his job as division manager of Republic Services while serving the city as a councilman.
Republic Services is the city of Chula Vista’s trash disposal and recycling service.
The City Attorney’s Office conducted a comprehensive analysis regarding any possible conflicts and, according to that analysis, Miesen does not violate government code 1090, allowing Miesen to stay on the dais as the fifth council member.
But a Chula Vista resident disagrees with the city attorney’s assessment and filed a complaint with the attorney general and the Fair Political Practices Commission.
In her complaint, former city council candidate Jill Galvez said City Attorney Glen Googins did not properly vet the appointed councilman.
“He was vetted along with the others (candidates) based on information provided on 1090 disclosure, which stated that he owned $2,000 to $10,000 of Republic (Services) stock. The city attorney publicly admitted that he only vetted Miesen for 1090 violations and not incompatible office, Common Law Doctrine, nor did he do a thorough review of all Conflict of Interest issues.”
Galvez said in the letter that some council members were hesitant to appoint him because of potential conflicts of interest.
“Two council members raised the issues that the appointment wouldn’t sit well with the general public, but they voted yes on Miesen because they couldn’t agree on anyone else amongst the 44 applicants.”
Galvez was one of 44 people to apply for an open seat on the city council. She didn’t make it to the final list of candidates.
Googins said he was unaware of Galvez’s complaint, until The Star-News asked for comment.
However, he said the city vetted Miesen thoroughly and found that there is no incompatible office.
“Our conclusion was that his position with Republic Services and with the city is not an incompatible office,” he said.
The city attorney said the Attorney General’s Office has not contacted him.
Incompatible offices are public offices which cannot be held by one person at the same time.
The complaint goes on to question Miesen’s motives when voting on issues.
“If Miesen votes to increase density in a condo complex, how will residents know he isn’t advocating for more Republic customers? If Miesen declines a citizen request for new traffic signals, how will residents know he isn’t trying to save fuel for his fleet or trucks? If Miesen votes on road construction, or votes to approve or change the Growth Management Oversight thresholds will he be advocating for the citizens of Chula Vista or Republic Waste? In fact, if a citizen has issues with trash collection, garbage spills from Republic trucks that blow throughout the city, etc., if they call Steve Miesen for help, will they be calling the head of Republic or their City Council person who oversees that contract directly?’
Miesen said he wasn’t aware of the complaint, but said he doesn’t pose a conflict.
“Certainly there’s been questions about it (conflict of interest) during the process and I thought the city attorney broke it down nicely,” he said.
“The last thing I want to do is do something that is not right.”
Lastly, Galvez compares Miesen’s case to that of former Chula Vista Councilman and ex port commissioner David Malcolm, who went to jail for a conflict of interest for serving as a consultant for an energy company while sitting on the port commission.
Googins said in an email that Galvez should have talked out her concerns with him instead of resorting to filing a complaint.
“Filing a complaint with the Attorney General’s Office is Ms. Galvez’s prerogative. I’m disappointed, however, that she didn’t first take me up on my offer of three weeks ago to meet in person and discuss my office’s analysis and/or to provide me with the authority she thought supported her conclusion regarding incompatible offices,” the email states.
“I specifically told Ms. Galvez at that time if she thought we missed something I was interested in hearing her arguments and seeing any legal authority she might have because we wanted to get it right. I haven’t heard from her since.
Galvez said she initially had a phone conversation with Googins and voiced her concerns. However she said she did not have a follow-up meeting with Googins because she was busy and because Miesen had already been appointed and the city attorney “doesn’t have the power to forcibly remove (Miesen) from office. Only Miesen or a judge can do that.”
