Chula Vista’s Board of Ethics voted Wednesday night to refer two separate ethics complaints to three outside agencies.
The Board of Ethics will gather at its next scheduled meeting to draft a referral letter to send to the state Attorney General’s Office, the District Attorney’s Office and the Fair Political Practice Commission asking them to review complaints filed against appointed Councilman Steve Miesen.
Chula Vista residents Russ Hall and Helen Prosser filed two separate complaints in February against Miesen, the Chula Vista city attorney, and council members alleging that Miesen had a conflict of interest as a councilman while working as the division manager at Republic Services.
Special counsel to the board James Lough said a referral is not a hearing and the board could make a referral at any time in the process.
The vote to refer the matter to the three outside agencies was unanimous, with board member Brent Livingston abstaining from the vote and chairman Chris Shilling recusing himself.
Ethics member Norma Toothman said that it was only fair to let the outside agencies review the complaints.
“It’s out of our hands,” she said. “We don’t have jurisdiction (to take action on complaints). The complaint will go to someone who does have jurisdiction and may or may not pursue it. At least the community will see that.”
Chula Vista City Attorney Glen Googins previously said at the April 15 ethics meeting that the Board of Ethics did not have the authority to make such a referral because it was outside their jurisdiction.
But Chula Vista Municipal Code section 2.28.090 (B) says otherwise: “The board may refer the matter to a local, state or federal enforcement agency that may have jurisdiction over the matter at any stage of the proceedings…”
Hall said he is happy that the board of ethics did the right thing with their referral.
“I am extremely delighted and proud of the members of the ethics commission that had the courage, wisdom and fortitude to make the kind of decision that was certainly in the best interest of all Chula Vistans and Chula Vista voters,” Hall said. “I always wanted an outside legal source to look at this entire mess from day one that did not have political conflict.”
