The Chula Vista Board of Ethics asked its special counsel to revise a referral letter that will be sent to three outside governmental agencies to review two separate ethics complaints regarding Councilman Steve Miesen’s appointment.
The two complaints filed by Chula Vista residents Russ Hall and Helen Prosser allege that Miesen holds a conflict of interest as the division manager at Republic Services while serving in the capacity as a councilman. Republic Services is the city of Chula Vista’s contracted trash and recycle company.
In his complaint, Hall had asked for the Attorney General’s Office or outside counsel to review Miesen’s appointment for any conflicts of interests.
The City Attorney’s Office has vetted Miesen for any conflicts and says that his conflict of interest as a councilman and division manager is “remote.”
Miesen, as instructed by the city attorney, has recused himself at City Council meetings from voting on development projects in the city.
Special Counsel Jim Lough had drafted a two-page letter addressed to the California Fair Political Practices Commission, the California Attorney General and the District Attorney’s Office that outlined the city’s municipal code that allowed the ethics board to refer matters to outside governmental agencies. The letter also states that the Board of Ethics dismissed the two complaints.
Both ethics complaints were attached to the letter along with a response to the complaints.
Board member Victor Esquer said Lough’s letter was “very minimal” and said he wants additional correspondence that the board has received as well as staff reports attached with a revised letter.
Ethics member Rosa Robles agreed with Esquire and said more information should be added for the three agencies.
“I can tell you that from my experience as an auditor, when complaints and so forth are received they have to determine if there’s sufficient documentation or evidence or information to merit a type of a revision, investigation or complaint review,” she said.
Norma Toothman, who served as the chairman for this item because the vice chair was absent and chairman Chris Shilling recused himself because of his lawsuit against the city in regards to the appointment process, said the letter has to be carefully worded to show “no bias one way or the other.”
Lough will draft a revised letter with supplementary materials that he will send to the board for review 72 hours prior to their next meeting. If the board approves the revised letter, then Lough will send the letter to the three government agencies.
Chula Vista Municipal Code 2.28.090 (B) allows the Board of Ethics to make referrals to local, state or federal enforcement agencies that may have jurisdiction over the matter.
Toothman said this referral is historic because the Board of Ethics has never made a referral before.
“By us referring it, it hasn’t been done, so that’s stating a lot,” she said. “And we’re honoring the complainants’ concerns by doing this. This hasn’t been done.”
The Board of Ethics agreed to refer the matters last May and dismissed both complaints from a prima facia hearing on April 15.
