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HomeMy WebLinkAboutOrd 2012-3240This Ordinance repealed by Resolution No. 2012-259 ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTIONS 2.11.030, 2.11.035, 2.11.060, 2.11.090, 2.28.110 C, AND ADDING CHAPTER 2.73 (LEGISLATIVE COUNSEL) TO THE CHULA VISTA MUNICIPAL CODE IN ORDER TO IMPLEMENT PROPOSITION "C," ADOPTED AT THE JUNE 2012 MUNICIPAL ELECTION /l.E'~h,~cc~ ~C o~,4..~ Z Zr~l Z Donna R Norris, CMC, City Clerk Dated ORDINANCE N0. 3240 ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTIONS 2.11.030, 2.11.035, 2.11.060, 2.11.090, 2.28.110 C, AND ADDING CHAPTER 2.73 (LEGISLATIVE COUNSEL) TO THE CHULA VISTA MUNICIPAL CODE IN ORDER TO IMPLEMENT PROPOSITION "C," ADOPTED AT THE JUNE 2012 MUNICIPAL ELECTION WHEREAS, in June of 2012, the voters of the City of Chula Vista approved Proposition C, which amended the Chula Vista Charter to authorize the City Council to establish an Office of Legislative Counsel; and WHEREAS, the City Council finds that implementation of portions of the Measure require actions by the City Council to implement at the discretion of the City Council; and WHEREAS, the City Council further finds that the Chula Vista Municipal Code should be amended to implement the Measure where City Council action is required to implement Charter Section 503.1; and WHEREAS, the City Council further finds that this chapter is not intended to, and does not in any way, amend or alter the provisions of Proposition C. In the event of a conflict between this Ordinance and Proposition C, the terms of the Proposition shall prevail; and WHEREAS, the City Council finds and determines that the establishment of an Office of Legislative Counsel is necessary and appropriate to provide procedures to resolve potential and actual conflicts of interest in a way that allows the public's business to be conducted in a fair and open manner. THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. Recitals. The Recitals set forth above are true and correct and incorporated herein by reference. Section 2. Sections 2.11.030, 2.11.035, 2.11.060, 2.11.090, 2.28.110 C of the Chula Vista Municipal Code are hereby amended to read as shown in Sections 1-5, inclusive, of Exhibit "A" as though fully set forth at this point. Section 3. Chapter 2.73 (Legislative Counsel) is hereby added to the Chula Vista Municipal Code to read as shown in Section 6 of Exhibit "A" as though fully set forth at this point. Section 4. Certification; Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published once within 15 days of adoption in a newspaper of general circulation printed and published within the City of Chula Vista, and shall post a certified copy of this Ordinance, including the vote for and against the same, in the City Clerk Department in accordance with Chula Vista Charter section 311. Ordinance No. 3240 Page No. 2 Section 5. Effective Date. This ordinance shall take effect and be in force on the thirtieth day after its adoption. Presented by Patricia 1 ~<~ udy R rez Counci ember PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 20th day of November 2012, by the following vote: AYES: Councilmembers: Aguilar, Castaneda and Ramirez NAYS: Councilmembers: Bensoussan and Cox ABSENT: Councilmembers: None V Cheryl Cox, ~ (ayo ATTEST: ~~ ~/ ~./ro Donna R. Norri ,CMC, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Donna R. Noms, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 3240 had its first reading at a regulaz meeting held on the 6th day of November 2012 and its second reading and adoption at a regulaz meeting of said City Council held on the 20th day of November 2012; and was duly published in summary form in accordance with the requirements of state law and the City Charter. Dated Donna R omsN ,CMC, City Clerk Ordinance No. 3240 EXHIBIT A PageNo.3 Striie"indicates language removed from an existing section of the municipal code and underline denotes language that is added to an existing code section. Section One. Section 2.11.030 (Compensation of City Attorney) is amended to read as follows: 2.11.030 Compensation of City Attorney. The annual salary of the City Attorney shall be equivalent to the salary of a Superior Court Judge of the State of California. The salary of the City Attorney shall not be reduced during the City Attorney's term of office, except as part of a general reduction in salaries of all officers and employees in the same amount or proportion. ..,7,1:.: ,.« al.., TA ............ .. ..: F.,..... F...-.....1., a,. ,l oae......:...e al.e ... ~~ti.....l...a F O,.L......... ,.C,.....1.. ,..... ,. aL., .....,.. ,...««,.«a ..««....1 «..«..1..+:,.., o..a:.....to.. «..1.1;..1.oA 1... 1.., (`..li F.._...:.. Tl..«.....«..«r ,.F II:«..«.... ... 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Section 2.11.035 (Benefits) is amended to read as follows: 2.11.035 Benefits. The City Attorney shall be entitled to receive benefits commensurate with the benefits provided to other elected officials of the City. The Citv Attorney shall be Dart of the Unclassified Service. Section Three. Section 2.11.060 (Boards, commissions and agencies of the City) is amended to read as follows: Ordinance No. 3240 Page No. 4 2.11.060 Boards, commissions and agencies of the City. ~rw„ ,.,r,,,.,.,._e .. ,..,:ao.. «,.,,« «~.e Except as specified in CVMC Chapter 2.73 (Legislative Counsel the City Attorney shall advise all boazds, commissions and agencies of the City on legal matters referred to him or her. The City Council may waive the referral requirement and authorize, by resolution, any board, commission or agency to duectly request services of the City Attomey. Otherwise, all boards, commissions and agencies of the City shall be required to request City Council authorization prior to refemng matters to the City Attorney. In such cases, in order to request legal services, the boazd, commission or agency requesting such services shall present a written request to the City Council, which shall specify the particulaz matter or matters for which the boazd, commission or agency seeks services, a description of the requested scope of services, and any time constraints associated with said services. The City Council shall heaz and act upon such request during a duly noticed regulaz or special City Council meeting, which may include a closed session as authorized by the Ralph M. Brown Act. If approved, the City Council shall forwazd the request to the City Attomey for action. The City Council may also, by resolution, delegate to the City Manager the authority to approve referrals from any boazd, commission or agency to the City Attomey. The City Attomey may recommend to the City Council, at any time, that a board, commission or agency be represented by special legal counsel, when, in the sole discretion of the City Attomey, it is necessary in order to avoid a conflict of interest under state or local law. Nothine herein prevents the City Council from using the alternative procedures set out in CVMC Chapter 2.73 (Legislative Counsel) for the Boazd of Ethics or the Charter Review Commission. Section Four. Section 2.11.090 (Conflicts of Interest) is amended to read as follows: 2.11.090 Conflicts of interest. T,.,, r,~,.,...._o .,_,...ae,. «r...« Unless the altemative procedures set out in CVMC Chanter 2.73 are followed by the City Councih an officer of the City may, upon recommendation of the City Attorney and approval of the City Council, retain special legal counsel when a conflict of interest exists between the City Attorney and such officer of the City. Under such circumstances, the City Attomey shall make a written recommendation to the City Council that the City retain special legal counsel. The written recommendation shall include the basis for the conflict of interest and the timeframe, scope and legal matter for which the outside legal counsel is recommended. The City Council shall consider and act upon the written recommendation of the City Attomey at a duly noticed regular or special City Council meeting, including a closed session as authorized by the Ralph M. Brown Act. Section Five. Chapter 2.28 (Board of Ethics), Section 2.28.110 C. shall be amended to read as follows: 2.28.110 Organization Ordinance No. 3240 Page No. 5 C. The ~:.~#am~Y-Legislative Counsel or an appointed representative shall act as secretary to the board. The secretary shall cause notice of meetings of the board to be kept and distributed. The secretary shall also give appropriate and required written notice of all meetings to all members and persons having business before the board. Section Six. Chapter 2.73 (Legislative Counsel) is added to read as follows: CHAPTER 2.73 LEGISLATIVE COUNSEL. 2.73.010 Findings. A. In June of 2012, the voters of the City of Chula Vista approved Proposition C, which amended the Chula Vista Charter. B. The City Council finds that implementation of portions of the Measure require actions by the City Council to implement at the discretion of the City Council. C. The City Council further finds that, under Proposition C, Charter Section 503.1 was added to the Chula Vista City Charter. D. The City Council further finds that Charter Section 503.1 allows the City Council to approve an implementing ordinance establishing an Office of Legislative Counsel. E. The City Council further finds that the Chula Vista Municipal Code should be amended to implement the Measure where City Council action is required to implement Charter Section 503.1. F. The City Council further finds that this chapter is not intended to, and does not in any way, amend or alter the provisions of Proposition C. hi the event of a conflict between this Ordinance and Proposition C, the terms of the Proposition shall prevail. 2.73.020 Purposes. A. The City Council intends, with the adoption of this ordinance, to establish an Office of Legislative Counsel that will fully implement the will of the voters and establish clear procedures for the resolution of legal conflict issues. B. The City Council does not intend by this chapter to expand or restrict the Measure's scope or seek to address issues already addressed in the Measure. C. This Chapter is an alternative procedure to that established by the City Council in CVMC Section 2.11.090. 2.73.030 Office of Legislative Counsel. A. Under the authority granted to it by Chula Vista Charter Section 503.1, the Office of Legislative Counsel is hereby established. In its discretion, the City Council may employ a Legislative Counsel either through contract or employment. The City Manager shall be delegated the administrative responsibility over the Legislative Counsel. Ordinance No. 3240 Page No. 6 B. All contracts for legal services as Legislative Counsel shall be governed by CVMC 2.56.110(f) except as herein provided. The City Manager or designee shall oversee the contract for legal services with the Legislative Counsel. Any contract may be with an individual or law firm with an attorney designated as Legislative Counsel. C. If the Legislative Counsel is an employee of the City, the employee shall be a member of the Unclassified service. The Legislative Council shall report directly to the City Council unless otherwise directed by the City Council. D. Upon appointment by a majority of the membership of the City Council, the Legislative Counsel shall serve at the pleasure of the City Council and may be removed by a majority vote of the entire City Council. 2.73.040 Legislative Counsel Duties. A. Advise individual council members on conflict of interest issues and Brown act issues, as those laws apply to the individual council member in a particulaz situation, upon request of an individual city council member. B. Advise the City Council as a whole on resolutions and ordinances when requested by a majority of the City Council. C. Act as permanent advisor to the Board of Ethics. D. Advise the Charter Review Commission on a case by case basis as determined by a majority of the City Council. E. The advice of the Legislative Counsel on matters set forth under this chapter shall be in lieu of the City Attorney under Charter Section 503.1 and CVMC Chapter 2.11. F. Nothing here prevents the City Council from establishing or maintaining written policies and procedures regarding conflict of interest issues and the use of outside legal counsel in situations involving conflict of interest issues that are consistent with Charter Sections 503 and 503.1, CVMC Chapter 2.1 I (City Attorney) and/or this Chapter. 2.73.050 CONFLICT OF INTEREST MATTERS SUBJECT TO THIS CHAPTER. The types of potential conflicts of interest covered under this Chapter subject to review by the Office of Legislative Counsel are limited to: (1) Potential conflicts of interest regulated by the California Political Reform Act of 1974 and its implementing regulations; (2) Contracts involving a potential direct or indirect interest under Government Code Section 1090 et. seg.; (3) Potential common law conflicts of interest as determined by case law and other legal precedent; (4) The Rules of Professional Responsibility and other ethics requirements of the State Baz of California and/or the California Supreme Court; Ordinance No. 3240 Page No. 7 (5) Ethical rules and regulations established and/or administered by the Chula Vista Board of Ethics under CVMC Chapter 2.28; (6) State of California or United States statutes, roles and regulations governing ethics and conflicts of interest of the Office of the City Attorney such as grant requirements, conditions of funding or other applicable rules and regulations governing ethical conduct. 2.73.060 PROCEDURES FOR POTENTIAL CONFLICT EVALUATION. A. Upon referral by a majority of the City Council of a potential conflict of interest involving the City Attorney or the Office of the City Attorney, the Legislative Counsel shall review the request and make an initial determination of the likelihood of a conflict of interest under the categories listed under 2.73.050, above. B. Afrer the initial review, the Legislative Counsel shall determine if the matter should be handled by special counsel considering the Legislative Counsel's other duties and whether the Legislative Council has been granted the authority to hire outside Counsel. The Legislative Counsel shall report the preliminary findings to the City Council regazding whether a potential conflict of interest exists and whether special counsel should be retained. The City Council shall give direction to the Legislative Counsel on the need for additional steps to betaken in the matter as is appropriate. The City Council may establish alternative expedited procedures to allow for prompt review of potential conflict of interest issues in matters involving public heazings or other time sensitive matters so as not to unduly delay the resolution of the public's business. C. If any matter is referred back to the Legislative Counsel for action after making preliminazy findings, the Legislative Counsel shall implement the direction to either further review the matter or procure a special counsel to make a conflict of interest determination. Upon completion of the review or receipt of a report from special counsel, the Legislative Counsel shall immediately report the fmdings to the City Attorney and the City Council. 2.73.070 BOARD OF ETHICS LEGAL ASSISTANCE. A. The Legislative Counsel shall serve as Legal Counsel for the Board of Ethics on matters involving the City's Code of Ethics, including any potential violations thereof. Legislative Counsel may also provide legal assistance to the Board of Ethics in its investigations or assist in the conduct of heazings. Further, the Board of Ethics may use the Legislative Counsel to assist the Board in retaining special legal counsel when necessary according to assist the Board to fulfill its duties. B. The Legislative Counsel shall consult with the City Attorney's Office when authorized to do so by the Board of Ethics to implement new procedures, rules or fulfill other assigned legal tasks. 2.73.080. LEGISLATIVE COUNSEL ASSISTANCE FOR THE CITY CHARTER REVIEW COMMISSION. Ordinance No. 3240 Page No. 8 A. The Legislative Counsel may serve as Legal Counsel for the Charter Review Commission upon approval of a majority vote of the City Council. Further, when authorized by the City Council, the Legislative Counsel may assist the Boazd in retaining special legal council when necessary according to fulfill the duties of the Commission. B. The Legislative Counsel shall consult with the City Attorney's Office when necessary to provide legal assistance to the Charter Review Commission or to avoid an unnecessary duplication of effort. 2.73.090 Conflict Resolution. A. The City Council may establish written conflict resolution policies, afrer consultation with the City Attomey and Legislative Counsel, to avoid duplicative services and to resolve potential conflict issues promptly. B. Nothing herein prevents the use of dispute resolution mechanisms to resolve conflict issues regarding the duties of the respective officers of the City referred to under this Chapter. C. In case of a disagreement concerning the Legislative Counsel's recommendation by the City Attorney regarding a conflict of interest opinion, the City Council may authorize the use of special counsel to meet with the Legislative Counsel and City Attorney to attempt to resolve the differences. However, the City Council retains the authority to detemune that a finding of a potential disqualifying conflict exists and determine to use other legal resources in lieu of the City Attomey for legal representation in the matter at issue. D. Nothing herein requires the Legislative Counsel or the City Attorney to participate in any matter in which either has determined that a conflict of interest exists or that the appearance of a potential conflict of interest may, in their sole judgment, undermine faith in the actions of the City.