Why
are there calls for Investigations?
The
basis of most of the inquiries about possible corruption in this Issue section
are based upon a belief that certain state laws require municipalities to
function for the best interests of the public at large and not for the benefit
of individuals.
Article XI,
SEC. 6 of the State Constitution: The
Legislature shall have no power to give or to lend, or to authorize the giving
or lending, of the credit of the State, or of any county, city and county,
city, township or other political corporation or subdivision of the State now
existing, or that may be hereafter established, in aid of or to any person,
association, or corporation, whether municipal or otherwise, or to pledge the
credit thereof, in any manner whatever, for the payment of the liabilities of
any individual, association, municipal or other corporation whatever; nor shall
it have power to make any gift or authorize the making of any gift, of any public
money or thing of value to any individual, municipal or other corporation
whatever;
The Brown Act is
also an important law requiring that all public business be conducted in public
at meetings noticed to the public. Lobbying is allowed by individuals so most
of the e-mail, phone and other communications between developers and elected
officials probably would be considered lobbying.
The California Public
Records Act is also mentioned as a number of people have had difficulty
getting copies of material that should be available to the public. A lawsuit was
recently filed against the city for not making records available to the public.
Another important
document not mentioned by CVBGA is the Chula Vista City Charter, which governs
how the city is run. A Union Tribune story stating that the city had
spent $411,261 defending employees and former employees in ethics complaints
before the Fair Political Practices Commission (footnote
#49 in the letter by CVFBG) quotes the Chula Vista city attorney as saying "We have no choice but to hire private attorneys to perform
whatever type of legal work is necessary," Moore said. She said the work
can't be done in-house "because our office represents the city, not the
individual employees or officials." This appears to disagree with a quote from the Chula
Vista City Charter, section 503 City Attorney: Powers and Duties :(b)
Represent and appear for the City and any city officer or employee, or former
City officer or employee, in any or all actions and proceedings in which the
City or any such officer or employee in or by reasons of his or her official
capacity, is concerned or is a party;
The state provides a general overview of
the duties and functions of city government at this website: http://www.guidetogov.org/ca/state/overview/municipal.html
I have been told
frequently that five or six families historically have run the city of Chula
Vista. These families have held public office and manipulated what has occurred
in the city. The incredible growth in population that the city of Chula Vista
has experienced in the last ten years has brought us to the point where this
system is beginning to be challenged by the large number of new residents in
the city. The favored developers who have made a fortune from this growth have
been very generous with their campaign contributions, funneling thousands of
dollars through organizations such as the Lincoln Club, Pacific Southwest Realtors
Association, etc. to candidates who have consistently voted for their
projects. People are starting to notice this and becoming concerned.
They are now starting to question these
relationships and asking for investigations. Elected officials should, one
would think, welcome the investigations in order to establish their innocence
and reassure the public.
The
Charter Review Commission has been trying for over a year to come up with a
revision to the city's term limits law. The mayor and 
Councilman
Rindone who are opposed to any changes have lobbied them vigorously. I attended
the December 10 meeting of the Commission and took video. Only four of the 7
members of the commission were present and four members of the public. There
were some interesting occurrences, which highlight how controversial this is in
Chula Vista, and how hard the people in power will fight to stay in power.
The city lawyer advising the commission
started by explaining state law and the two rough drafts he had come up with as
a result of the commission's past discussions. One option would not be
retroactive and the other would be. The first would allow existing
councilpersons to finish existing terms and one more term. They would not be
allowed to run again. The second one would be worded the same way except a date
would be inserted so that it would apply retroactively to other persons who had
already served two consecutive terms. They would not be able to run again for
office at some future time. 
video
The chairperson, Humberto, mentioned how
Councilman Jerry Rindone had come to speak to the Commission expressing his
concerns about the proposed change. Humberto insisted that there was nothing
personal about this desire to change term limits. It is just the right thing to
do. He mentioned how many other changes have been brought to the voters. It is
time for this change to be placed on the ballot. Current law allows
councilpersons to serve two consecutive terms and take off one year and run
again. This has allowed Councilman Rindone to serve 16 years. If this change
were to pass he could still run again and serve eight more years, but no more.
He objects to this and the mayor agrees with him. video
Elizabeth explained her reason for
wanting to eliminate the current loophole in the term limits law and even
encouraged a retroactive version. She expressed well the fact that we now have
a lot more people in Chula Vista and the east side is not being represented
adequately. Humberto summarized that perhaps two versions should go to
council-one retro active and one not. The council could decide which would go
on the ballot. video
Jerry Scott spoke about why he supported
term limits- even retroactive ones. Peter Watry brought up Shirley Horton who
was mayor 6 years ago and is being termed out of the Assembly. The discussion
illustrates the politics in Chula Vista. Humberto again mentions that this is
not anything personal. It is either the right thing to do or not.video
The next video is interesting because a
member expresses concerns about what
goes on in politics in Chula Vista. Ron (Supervisor Cox's aide) expresses his
opposition to all term limits. Humberto opines that state terms are too short
but the city is different. The most interesting thing is that it took six
months to get this meeting, but 10 minutes to 5 (The meeting started at 4PM.)
the assistant city attorney mentions that there is another meeting in the room
at five, and they have to end soon. It is obvious how intensely the politicians
do not want this change. video
In
the last video they finally vote on a non-retroactive version to go to the
council for consideration, and the question is raised as to whether three votes
is enough since there are seven on the Commission. I was told that in the past
three votes has been enough, but this time the lawyer says he needs to research
it. video