HomeMy WebLinkAbout2013/04/23 Item 09-BOARD OF ETHICS Revisions to Chapter 2.28CITY COUNCIL
AGENDA STATEMENT
CITY OF
~. CHULA VISTA
April Z3, 2013 Item
ITEM TITLE: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CIIULA VISTA ADDING CHAPTER 2.01 [CODE OF
ETHICS] TO THE CHULA VISTA MUNICIPAL CODE AND
AMENDING CHAPTER 2.28 [BOARD OF ETHICS],
INCLUDING ADDING SECTIONS 2.28.160 THROUGH
2.28.170, OF THE CHULA VISTA MUNICIPAL CODE
SUBMITTED BY: CITY ATTORNEY'S OFFICE VIA CHULA VISTA BOARD
OF ETHICS
REVIEWED BY: CITY ATTORNEx%~~~
NORMA TOOTIIMAN, CHAIR BOARD OF ETHICS`
CHRIS SCHILLING, VICE-CHAIR BOARD OF E"I'HICS
FELICIA STARR, FORMER CHAIR BOARD OF ETHICS~7
4/_STHS VOTE: YES ~ NO ~X
SUMMARY
Chapter 2.28 of the Chula Vista Municipal Code established the Board of Ethics and sets
forth ethical standards for City Officials. Chapter 2.28 further provides that the Board of
Ethics shall make recommendations regarding Chapter 2.28 to ensures its continuing
pertinence and effectiveness. On August 9, 2011, the Board of Ethic presented to the City
Council proposed. revisions to Chapter 2.28. City Council returned the matter to the Board
of Ethics for additional revisions. The Board of Ethics, via an ad hoc committee and full
Board, reviewed Chapter 2.28, including revisions based upon City Council's direction, and
now presents to the City Council proposed amendments to the Municipal Cade including
.creation of Chapter 2.01 [Code of Ethics] and amendments to Chapter 2.28 [Board of
Ethics] for City Council's consideration and adoption.
ENVIRONMENTAL REVIEW
Staff has reviewed the proposed activity for compliance with the California
Environmental Quality Act (CEQA) and has determined that this activity is not a
"Project" as defined under Section 15378 of the State CEQA Guidelines because it will
not result in a physical change to the environment; therefore, pursuant to Section
15060(c)(3) of the State CEQA Guidelines the actions proposed are not subject to CEQA.
RECOMMENDATION
It is recommended that City Council approve the ordinance with modifications
recommended by the Board. of Ethics as discussed in the staff report.
~~~
April'Z~, 2013 Item q
Page 2 of 14
BOARDS/COMMTSSION RECOMMENDATION
The Board of Ethics voted to recommend to City Council, that City Council approve the
creation of Chapter 2.01 [Code of Ethics] and amendments to Chapter 2.28 [Board of
Ethics] of the Chula Vista Municipal Code with the modifications proposed by the BOE
in this staff report.
DISCUSSION
Chapter 2.28 [Board of Ethics] of the Chula Vista Municipal Code established the Board
of Ethics ("BOE") and set Earth ethical standards i'or City Officials. (A copy of current
Chapter 2.28 is attached as Attachment 1.) Chapter 2.28 further provides that the BOE
shall make recommendations regarding Chapter 2.28 to ensure its "continuing pertinence
and el'i'ectiveness." Pursuant to that mandate, the BOE reviewed Chapter 2.28 and
presented, to City Council, proposed revisions to Chapter 2.28 on August 9, 2011.
On August 9, 201 l , the Board of Ethics presented to the City Council proposed
Amendments to Chapter 2.28. (A copy of the Staff Report is attached as Attachment 2.)
City Council discussed the proposed amendments and found them to be overall
acceptable, but returned the matter to the BOE for further revisions (as will be discussed
further below). Council at that date did not formally approve any the proposed
amendments. The BOE, as directed by City Council, undertook a review of the proposed
August 9, 2011 amendments, looking to implement Council's direction and to add
additional terms as necessary.
Alter many Ad Hoc and full BOE meetings, the BOE completed its review of
amendments to Chapter 2.28. First, the BOE reviewed the proposed amendments
originally submitted to City Council and made some additional modifications, including
creating Chapter 2.01 to establish a "Code of Ethics" and creating additional "Guiding
Principles" for Board of Ethics members. Second, it reviewed City Council's direction
provided on August 9, 20l 1. The BOE revised the proposed ordinance now presented to
reflect Council's direction. However, the BOE had concerns about some of Council's
direction and has proposed alternative language to be used instead, as set forth in this
staff report.
1. Summary of proposed creation o1' Chapter 2.01 and amendments to Chanter 2.28 as
made by the BOE.
As stated above, the BOE presented amendments to Chapter 2.28. After having the item
returned to the BOE, the BOE reviewed the amendments and made some changes,
including creating Chapter 2.01 to create a "Code oI' Ethics" and creating additional
"Guiding Principles" for Board of Ethics members. The following is a summary of the
proposed amendments to Chapter 2.28 (including creation of Chapter 2.01) that are
submitted far Council's consideration:
• The BOE proposes the creation oi' Chapter 2.01 to set forth a "Code of Ethics."
Chapter 2.28, as currently written, does not contain a single Code of Ethics.
Instead, it provides ethical guidance in various sections of Chapter 2.28. In
addition, some sections appear to be aspirational in nature and others involve
q-2
April 23, 2013 Item q
Page 3 of 14
prohibited conduct. To resolve this lack of clarity, a single Code of Ethics is
created in Chapter 2.01. Tlie Code of Ethics combines the current sections
involving ethical guidance found in Chapter 2.28 into Chapter 2.01 and adds
additional ethical guidance. The ethical guidance is divided into two categories.
The first category is titled "Guiduig Principles." The "Guiding Principles" are
intended to be principles that City Officials should use to guide their conduct.
Because they set an aspirational standard they are not meant to be sanctionable
under the chapter. Also within the Guiding Principles (section 2.01.030(B)),
language was added for specifically for Board of Ethics members. The second
category sets forth "Specific Prohibitions." The "Specific Prohibitions" details
specified conduct that City Officials may not engage in and that are subject to
investigation and action by the Board oi' Ethics.
• City Officials subject to the current version of Chapter 2.28 includes the Mayor,
Councilmembers, the City Manager, the City Clerk, the City Attorney, and board
and commission members. It is now proposed that the term City Officials be
increased to include persons whom the Board believes significantly impact the
making of City policy, specifically Department Directors and Assistant City
Managers.
• Chapter 2.28, as currently written, provides that the Board of Ethics may conduct
hearings upon receipt a complaint. However, it did not provide any specificity as
to how a complaint should be addressed. The proposed amendments (as set forth
in sections 2.28.090-2.28.140) provide a specific procedure on how to address a
complaint, including actions upon receipt of a complaint, provisions for a prima
facie review of the complaint, provisions for a probable cause hearing, provisions
for a hearing on the merits, and an ability to investigate the complaint. The
Bearing process is progressive, in that it seeks to ensure that cases that are
insufficient or lack merit are resolved at tl~e earliest possible stage. In so doing,
the complaint process is not abused and City resources are not wasted.
• Chapter 2.28.150, as currently written, provides that the name of the complainant
shall not be disclosed, "until and unless it is determined that probable cause for
such complaint exists." That current language was troubling to members of the
public that addressed the ad hoc committee. Generally, speakers felt it was
improper to keep the name of the complainant confidential because it denied the
subject of the complaint the "right to confront their accuser." The Ad Hoc
Committee balanced those concerns with the need to keep the name confidential,
particularly in situations where retaliation may occur. The ad hoc corrunittee
surveyed other Cities and Agencies to determine how that issue was addressed by
those respective entities. After discussion by the ad hoc committee, proposed
section 2.28.090(C). was drafted to address the competing interests. Section
2.28.090(C) provides that the name of the complainant would not be confidential
(and subject to disclosure) unless the person filing the complaint request
confidentiality and there is good cause to withhold such name. The section then
provides for a review process to determine if good cause exists. If good cause is
not found, the party making the complaint would be given an opportunity to
withdraw their complaint. In addition, if good cause is found, the confidentiality
is only for a limited period, in that the name is subject to disclosure after the
~~
Apri12.3, 2013 Item
Page 4 of 14
probable cause hearing if probable cause is found. Also, as explained further
below, the Board of Ethics added criteria in to define "good cause."
• Chapter 2.28.150(B) provided that t11e Board of Ethics, after finding misconduct,
would forward its findings and recommendation to City Council for action.
However, such procedure minimized the impact of the hearing process, the
findings that were made, and attendant recommendations. As a result, proposed
section 2.28.140 seeks to strengthen the impact of the hearing process, findings,
and attendant recommendations. It does so, by creating a "Declaration of
Misconduct" that may not be changed by City Council. In so doing, it recognizes
that the Board of Ethics has conducted an extensive hearing process, involving
documents and witnesses. In addition, section 2.28.140(A) it details a range of
actions that the Board of Ethics may recommend to City Council. Adding the
range of actions provides notice to City Officials that, if misconduct is found, the
consequences are serious and would be treated as such.
2. Summary of Additional Amendments based on Direction from August 9, 2011 City
Council meeting.
The August 9, 2011 City Council action directed the BOE to make changes to the
ordinance proposed. by the BOE via three types of actions consisting of: (1) specific edits
to the proposed text of Chapter 2.28 (hereinafter "Specific Edits"); (2) areas in which to
expand upon (hereinafter "Areas to Expand"), and (3) areas to examine and determine if
additional language may be created to address areas (hereinafter "Areas to Examine'').
The following is a discussion on City Council's direction.
"Specific Edits"
City Council directed that the following six (6) specific edits be made to the proposed
revisions to Chapter 2.28:
Edit No. 1.
BOE proposed on August 9, 2011 that Section 2.28.030(A)(12) read:
"City Official's should avoid an appearance of a conflict of interest when
possible. However, they should be mindful that recusal or abstention should be
reserved for actual conflicts or where a good faith determination has been made
by the City Official that recusal or abstention is appropriate.
Council directed that Proposed Section 2.20.030(A)(12) be amended as follows
"City Official's should. avoid an appearance of a conflict of interest when
possible~e~o=r=@~4,°""~ r.~i°~sh0'~lrl 1-,.~ , 1 f„r-tliut~'c^caaxa-fir-irofrtcntiv~r~iTO"crrirve
~•°a ~ '• ^^+~~°' ^^r+'~^+~ ^r where a good faith determination has been made
by the City Official that recusal or abstention is appropriate.
~-y
April ?_3, 2013 Item 9
Page 5 of 14
The Board of Ethics had incorporated council's direction and it is now found in Section
2.01.030(A)(12). However, the Board of Ethics respectfully does not agree with the
proposed change.
The BOE originally drafted the language to ensure that recusal or abstention is not used
to avoid a difficult or controversial vote. Elected official are elected to conduct the
public's business and that unwarranted recusals or abstentions would deprive the
electorate of a voice on natters that concern the public. Accordingly, the BOE
recommends that the original language be kept, but in the alternative that language be
added to reflect that an elected official is elected to conduct the public's business, even
when it calls for making a difficult or controversial decision. Thus the BOE proposes
the following language:
"City Official's should avoid an appearance of a conflict ol~ interest when
possible. Recusal or abstention is appropriate when a good faith determination has
been made by the City Official that such action is required. However, elected
officials subject to this chapter are reminded that they are elected to conduct the
public's business and should not abstain or recuse themselves without cause."
The Board of Ethics believes that its proposed alternative provides the appropriate
guidance in the area of conflicts by: (1) reminding Public Officials to be aware of the
appearance of conflicts and actual conflicts; (2) recognizing that often times the
determination of whether an actual conflict exists is a difficult judgment call (and for
which their good faith efforts in exercising their judgment is accounted for in their
decision making process); and (3) reminding tl~e elected officials subject to this code that
they are elected to conduct the public's business and that they should not recuse
themselves or abstain on a matter because it involves a difficult or unpopular decision.
In addition, the above language is not a specific prohibition subject to sanctions, but a
"Guiding Principle." "Guiding Principles" are intended to be reminders of items to
consider when making a decision.
Edit No. 2.
BOE proposed on August 9, 2011 that section 2.28.030(B)(2) read (in the Specific
Prohibitions section) that a City Official may not:
"Use his/her position to unduly influence the deliberations or outcomes of official
proceedings, both during and outside of those proceedings, of bodies of which
he/she is not a member, in derogation because of the value of the independent
advice of boards, commissions and other advisory bodies to the public decision-
malcing process."
City CoLU~cil directed that the entire section be removed. That language is removed from
the proposed ordinance provided to council, but the BOE disagrees that such language
should be removed.
The BOE believes that the section should be kept and is necessary to ensure the City's
boards and commissions are independent and free of coercion by City Council. The
~-J~
Apri123, 2013 Item q
Page 6 of 14
BOE submits that the section should be kept as written, but if Council does not want to
adopt such language tl~e following are alternatives that should be considered:
Proposed alternative to be placed in the Specific Prohibitions section (as
2.01.030(C)(14)):
"City Officials may attend City of Chula Vista board and commission meetings.
However, they may not engage in conduct that is threatening, intimidating, ox
coercive such that it impacts the deliberations or outcomes of official proceedings,
both during and outside of those proceedings, of bodies of which he/she is not a
member, in derogation because of the value of the independent advice of boards,
commissions and other advisory bodies to the public decision-making process.
Mere attendance does not constitute a violation of this section"
Or, proposed alternative to be placed in the Guiding Principles section (2.01.030(A)(13)):
"The City values the ability of the Boards and Commissions to provide an honest,
forthright, learned, and independent advise to the City, thereby fostering greater
public input into the conduct of City govermnent. Accordingly, while City
officials may attend City board and commission meeting, City Officials should be
mindful that their actions, whether intentional or not, may unduly impair or
influence the Boards' and Commissions' ability to provide honest, forthright,
learned, and independent advice to the City and therefore City Officials should
avoid such actions.
The BOE believes that the complete removal of the section, either as a guiding principle
or a specific prohibition, creates a fertile ground to defeat the purposes of having citizen
participation in our goverrunent by permitting City Officials to coerce, threatened, and/or
dissuade board and commissioner members from providing honest, forthright, learned,
and independent advice. The BOE recommends that the original proposed language be
included in the ordinance, or in that one of the two alternatives be adopted.
F.dit No. 3.
BOE proposed section 2.28.060(A) read as follows:
"A. To receive or initiate complaints of violations of this chapter."
Council directed that the BOE's ability to initiate complaints be removed. The new
language, as found in section 2.28.030(A), now reads as follows.
"A. To receive or ~•,~complaints of violations of this chapter."
Council directed that the BOE's ability to initiate complaints be removed. However, the
BOE respectfully disagrees with the removal of the BOE's authority to initiate
complaints. The BOE believes that the authority to initiate complaints is an extremely
important tool to root out and vet misconduct. In so doing it hold a violator accountable
if they have engaged in misconduct, but also vindicates the accused if they have not
°~
April 23, 2013 Item
Page 7 of 14
engaged in misconduct. The BOE understands City Council's concerns that the BOE
should not be an investigator and trier-of--fact at the same time and proposes the
following language (added as section 2.28.085) to permit the initiation of a complaint:
"2.28.085 Board Referral For Investigation.
1. If an individual BOE member personally observes a violation of the Code oi~
Ethics, he or she may inform the BOE and request that the matter be referred
to a panel attorney ("Panel Attorney') that is serving as the enforcement
authority under CVMC 2.52 for investigation.
2. If a panel to serve as the enforcement authority has not been established, the
Board oi~ Ethics shall establish, in a manner similar to the process used to
create the panel for the enforcement authority, a panel of attorneys to serve
pursuant to this section.
3. The Board of Ethics may refer the matter to a Panel Attorney if the BOE
member presenting the request makes a prima facie showing as set forth in
section 2.28.110. T11is provision may not be used in the place of or to
circumvent the other provisions in this chapter for the submission of
complaints. Once a BOE member submits a request under this section and the
matter is submitted to a Panel Attorney, they shall recuse themselves from
voting on the complaint.
4. The BOE referral shall go to a Panel Attorney for investigation and
determination if probable cause exists on the complaint. The Panel Attorney
may dismiss the complaint i1'he determines that probable cause does not exist
or if he concludes he cannot prove that probable cause exists. If he dismisses
the case for lack oi'probable cause, he shall inform the Board of Ethics and
provide a basis for the dismissal. If the panel attorney determines that
probable cause exists, he shall present his case as set forth in section 2.28.120
for determination by the Board of Ethics if probable cause exists. If the Board
of Ethics determines that probable cause exists, another Panel Attorney will
continue the investigation for submission to the BOE for a full hearing. Panel
Attorneys assigned under this paragraph will be assigned in the same mariner
they are assigned to investigate complaints for violations of chapter 2.52. The
Panel Attorney shall present the matter for full hearing as set forth in section
2.28.130.
The proposed language pernits a complaint to be refereed for investigation, but other
than the decision to make the referral, the BOE does not otherwise investigate the matter.
Under the proposed procedure, only a BOE member with personal knowledge of the
misconduct will make a request of the BOE to refer the matter for investigation and must
make a prima facie showing that a violation exists. If the BOE agrees, then the matter
will be refereed to the panel of attorneys assigned as the Enforcement Authority for
CVMC 2.52 for uwestigation, or a similarly constituted panel of no such panel exists.
The first assigned Panel Attorney will conduct an investigation and determine if probable
cause exists that the complaint is true. If there is no probable cause, the investigating
Panel Attorney shall not file a complaint and notify the BOE of its decision. If there is
probable cause based upon that investigation, a second Panel Attorney would then take
over the case, and ii'they believe it can be proven by a preponderance of the evidence,
q7
Apri12~,, 2013 Item
Page 8 of 14
then they shall submit it to the BOE for a full hearing. If the second Panel Attorney
believes they can prove the case by a preponderance of evidence (the current standard of
proof in BOE cases) then they will submit the case to the full BOE for final
determination. If the second Panel Attorney does not believe they can prove the case,
then they shall dismiss the case and. inform the BOE of his or her decision. In this
manner, the BOE simply refers the matter to an attorney, does not participate iil the
investigation and prosecution of the case, and the BOE member who made the initial
request does not participate in the case. This provides a way for the BOE to
"investigate" cases, but to be sufficiently removed to make an independent decision as to
its merits.
Edit No. 4.
Proposed section 2.28.060(D) read as follows:
D. T'o propose revisions of this chapter to assure its continuing pertinence and
effectiveness.
City Council directed that it be rewritten to read as follows:
D. To propose revisions of this chapter or,other Citespolicies to assure its
continuing pertinence and effectiveness.
The BOE supparts this proposed change and is set forth in section .
Edit No. 5.
Proposed section 2.28.120(C)(2) [page 8] read as follows:
Upon a request for confidentiality, the Chair and two board members, chosen by
the Chair, shall form an ad hoc sub-committee within two business days being
informed by the City Attorney's Office of a request for confidentiality and, after
consideration of the request, determine if good cause exists to withhold disclosure
of the name. The Chair shall inform the complainant of its decision within five
business days.
City Council directed that it be rewritten as follows:
Upon a request for confidentiality, the Chair and two board members, chosen by
the Chair an a rotating basis, shall form an ad hoc sub-committee within two
business days being inforned by the City Attorney's Office of a request for
confidentiality and, after consideration of the request, deternine if good cause
exists to withhold disclosure of the name. The Chair shall inform the complainant
of its decision within five business days.
The BOE supports the proposed change and is in section 2.28.090(C)(2).
9
April Z3, 2013 ltem~
Page 9 of 14
Edit No. 6.
Proposed section 2.28.170(B) read as follows:
B. No Misconduct Found-Declaration of No Misconduct.
if the Board makes a finding of no misconduct, the statement of decision shall
contain, and be labeled as such, a Declaration of No Misconduct. The Declaration
oi'No Misconduct shall detail the basis for its finding. Even though no
misconduct is found, if facts have been revealed and which show a potential for
misconduct, then, in a separate action, the Board may recommend remedial
actions to the City Council for appropriate action.
City Council directed that it be rewritten as follows:
B. No Misconduct Found-Declaration of No Misconduct.
If the Board makes a finding of no misconduct, the statement ol~ decision shall
contain, and be labeled as such, a Declaration of No Misconduct. 1'he Declaration
of No Misconduct shall detail the basis for its finding. ~~~°~ *'~^~~^'~ ~~
........~....~...,~ .., ..,~...., .. ~....~., .~~.... ,,.,.,.~ ~....,....,.. ~..~, ..........,...,.. ~ r.,~.,..~.~. ~...
> >
The BOE supports the proposed change and the change can be seen in section
2.28.140(B).
Proposed section 2.28.180(C) read as follows:
C. If the complaint involves the City Attorney, the City Attorney and his or her
Office, shall recuse themselves. Outside counsel shall be appointed to advise the
Board of Ethics regarding the complaint alleging misconduct by the City
Attorney. The Board of Ethics may establish procedures for the selection of such
counsel.
City Council directed that it be rewritten as follows:
C. If the complaint involves the City Attorney, the City Attorney and his or her
Office, shall recuse themselves. Outside counsel shall be appointed by the Board
of Ethics to advise the Board off' Ethics regarding the complaint alleging
misconduct by tl~e-a City Attorney. The Board of Ethics may establish procedures
for the selection of such counsel.
The BOE supports the proposed charige and is Pound in section 2.28.150(C).
R-~'
April ~~~ 2013 Item~_
Page 10 of 14
"Areas to Expand"
'The City Council also directed that certain areas of the proposed ordinance changes be
expanded or clarified. The areas included:
l . Determining criteria to be a member of the BOE, including consideration of
exclusions similar to those used by the State Redistricting Commission.
2. Determining criteria to determine if "good cause" exists to keep a complainants
name confidential until probable cause has been determined.
3. Determining criteria to select a qualified investigator.
The BOE undertook an examination of the issues surrounding the additional criteria and
prepared changes to the ordinance as directed by City Council.
1. BOE membership.
With regard to determining the criteria to be a member of the BOE, there were two areas
that the BOE examined, specifically the criteria to be a member and criteria to be
excluded .from membership. In terms of the criteria to be a member, the BOE
determined the current criteria sufficient. It examined whether special skills, such as
being an attorney, professor of ethics, and the like, should be required for membership.
However, it was determined that having specialized skills, while favorable, were not
required for membership. It was believed that requiring specialized skills would limit the
number of applicants. If the City Council wanted those with specialized skills they could
be selected through the interview and. appointment process. In other words, a wider net
could be cast to find qualified applicants, which would include those specialized skills,
without having to make it a requirement. As a result, the BOE did not propose any
specialized skill set.
With regard to exclusions from serving a BOE member, chapter 2.28, as previously
proposed by the BOE, exclude the following:
"No person may be appointed as a member of the Board of Ethics, or shall be
entitled to retain their membership, if he or she, within the past 10 years prior to
the date of appointment, has been convicted of any felony or a crime involving
moral turpitude or has been found to have committed a criminal violation of the
Fair Political Practices Act."
The Board was directed to consider additional exclusions in the manner similar to the
State Redistricting Commission ("SRC"). The SRC excluded those with "conflicts" and
then defined what constituted a conflict. The conflicts generally included those that had
an interest in the outcome of the redistricting. Thus, leader in politcal parties and
lobbyist were excluded. Tlie SRC's exclusions were "narrowly tailored" to achieve the
a legitimate state interest. Thereby, avoiding infringing upon First Amendment rights.
The BOE adopted a similar approach to determining exclusion criteria for prospective
members. The BOE chose to exclude those that would have an interest in the outcome
~A
Apri123, 2013 Item q
Page 11 of 14
of a ethic complaint adjudication. The exclusions generally seek to exclude those that
would be baised for or against a City Official based on certain relationships with that City
Official, i.e. employee (or prospective employee), staff member in a campaign, relative,
or business partner. While others could have been added, such as individuals in
leadership positions within political parties, it was determined that so doing would go
beyond a "narrowly tailered" solution to the concern about bias. The proposed language
is found in section 2.28.050(B) and (C) and reads:
"B. No person shall be appointed as a member of the Board of Ethics, or shall be
entitled to retain their membership, if he or she, within the past 10 years prior to the date
of appointment, has been convicted of any felony or a crime involving moral turpitude,
has been found to have committed a criminal violation of the Fair Political Practices Act,
or has a conflict of interest as defined in this chapter.
C. A conflict of interest for purposes of this section shall mean the following:
1. The applicant or any of applicant's relatives is or has been an employee of or
sought employment from any City Official subject to this chapter;
2. The applicant or any of applicant's relatives is or has been supervised in an
employment setting by any City Official subject to this chapter;
3. The applicant has served in any capacity (include staff member, advisor,
volunteer, or endorsement) involving the election, selection, or appointment of any City
Official subject to this chapter to any public off ce (elected or appointed);
4. The applicant has served in any capacity (including staff member, advisor,
volunteer, or endorsement) opposing the election, selection, or appointment of any City
Official subject to this chapter to any public office (elected or appointed); or
5. The applicant is related to any City Official subject to this Chapter."
2. Confidential Name Criteria.
The BOE proposed that a complainant's name be kept confidential until probable cause
has been determined to protect that person from harm or retaliation for filing a complaint.
City Council directed that additional language be added to set forth criteria to be
considered in determining when good cause exists that a person may be harnled or
retaliated against for filing a complaint. Accordingly, the BOE proposes, as set forth in
section 2.28.090(C)(1), the following criteria:
"Facts that may be considered to determine if good cause exists may include, but
are not limited to:
a. The existence of an employer/employee or supervisor/subordinate
relationship between respondent and complainant or the existence of
such a relationship between complainant's spouse or immediate
relative(s) and respondent or respondent's spouse or immediate
relative;
b. Facts that show that complainant would be shunned, ostracized, or
rebuked by any organization or group to which they belong if
disclosure if their name were to be made public;
l/
April ~, 2013 Item
Page 12 of 14
c. Evidence of prior acts of retaliation or harm by respondent against
complainant or any other person;
d. The existence of criminal convictions for crimes of violence by or the
existing of any restraining orders against respondent.
Conclusionaiy or speculative statements of harm or retaliation are insufficient to
establish good cause."
The criteria focuses on areas in which a complainant could be retaliated against,
including in their employment, finances, or memberships. It also focuses on prior
conduct by the subject of the complaint that would support the conclusion that they may
retaliate against the complainant.
3. Criteria to Select Qualified Investigator.
Chapter 2.28 permits the BOE to use a qualified investigator should the BOE require
additional ini'ormation in a complaint. City Council directed that additional language be
added to set forth criteria to be considered in selecting an investigator. Accordingly, the
130E proposes, as set forth in section 2.28.110(B)(3), the following criteria:
"The Board of Ethics shall establish a written policy for the selection of pre-
qualified investigators. In determining qualifications, the Board of Ethics
shall consider, but is not limited to the following:
i. Professional licensing;
ii. Experience in conducting investigations;
iii. Area or areas of expertise required for the investigation;
iv. Available support staff;
v. Reasonable costs;
vi. The Existence of conflicts of interest;
vii. Proven ability to timely complete tasks."
The criteria that was created closely follows the criteria used by the BOE in selecting
attorneys to serve as the Enforcement Authority for Chapter 2.52.
"Areas to Examine"
The City Council also asked to the BOE to address some areas of concern, including
potential abuse of Chapter 2.28 by the filing of frivolous complaints.
The BOE examined the scenario presented by Councilmember Castaneda wherein a
person would file a rneritless complaint and simultaneously hold a press conference-the
goal being that the filing of a complaint alone causes negative stigma to attach. The
BOE considered what ordinance changes could be made to address this situation. The
BOE determined that the ordinance as written addresses such a concern. The complaint
process is progressive in that meritless complaints are dismissed at the earliest stage
possible and if a complaint results in a full hearing, but the complaint is meritless a
declaration of no misconduct is made. It was concluded that if burdensome Hiles were
~-~ ~~
April 23, 2013 Item
Page 13 of 14
created to discourage the riling of complaints, then persons who had complaints with
merit would not come forward.
The BOE also examined whether all who participated in the preparation of the complaint
must sign the complaint. The concern, in part, was that the person. was signing as the
front for another person or entity and may have a motive to bring forth an untrue
complaint. The BOE considered if there were any ordinance changes to address such a
situation. The BOE determined that requiring all "participants" would be unenforceable.
First, the BOE was concerned that defining "all participants" would lead to confusion
with a net either being too vague or overbroad. In addition, it might discourage
complaints with merit from being filed. Second, the crux of requiring the disclosure of all
who participated really is to see what motives the complainants have in filing the
complaint. The BOE felt that the requirement that it be signed under penalty of perjury,
the progressive nature of the complaint process, and the ability to cross-examine (as
permitted under the chapter and which would ostensibly be relevant to show bias on the
part of the complainant) would be able to address any such concerns. Accordingly, the
BOE does not make a recommendation for additional ordinance language.
The BOE in considering the various proposals noted that many of the changes and areas
to review as directed by council, pointed to the concern that Chapter 2.28 inay be abused
by persons who simply want to file a meritless complaint for political purposes-to say
that their opponent has had complaints filed against them, but in reality none of them
were found to be true. The BOE believes that the requirement of a signature under
penalty of perjury, the ability to dismiss meritless complaints as early as possible,
detailed provisions for the conduct of hearings affording the respondent the ability to
cross-examine witnesses, and findings of no-misconduct serve to reduce abuse as much
as possible. At the same time, it is important not to hinder or dissuade the filing of
complaints with merit. If a City Official has engaged in misconduct they should held
accountable.
To conclude, the BOE asks that City Council approve the ordinance with additional
changes proposed by the BOE in this staff report.
DECISION MAKER CONFLICT
The proposed action is not site specific, and, as a result, no conflicts have been identified.
Staff is further unaware of any other facts that may create a conflict of interest.
CURRENT YEAR FISCAL IMPACT
The Board of Ethics is composed of Chula Vista citizen volunteers, and as such the
members donate their time to perform their duties under the Chapter. The City does
incur costs in terms of staff time and resources to prepare agendas, process complaints,
and attend hearings as needed. The number of complaints received varies from year to
year. However, it is anticipated that the proposed amendments will not significantly add.
to current costs of implementing Chapter 2.28.
~~A3
April ~ , 2013 Item Q
Page 14 of 14
ONGOING FISCAL IMPACT
As discussed above, the number of complaints received varies from year to year.
IIowever, it is anticipated that the proposed amendments will not significantly add to
current costs of implementing Chapter 2.28. One of the recommendations involved the
use of an attorney to conduct investigations if so assigned by the BOE. The costs for
such an Attorney are not known at this time, but may vary depending on the complexity
of the investigation.
ATTACHMENTS
1. Current version of Chapter 2.28
2. Staff report re Amendments to Chapter 2.28 from BOE to Council far August 9, 2011
Council meeting
3. Strike-out version of proposed ordinance, adding Chapter 2.01 and Amending Chapter
2.28
4. Ordinance
Prepared by: Norma 'loothrnan, Board of Ethics Chair, Chris Schilling, Board of Ethics Vice-Chair,
Felicia Starr, Former Board of Ethics Chair, and Simon Silva, Depuiy City Attorney, City Attorney's
O~ce,
""/~
ATTACHMENT 1
~-~~
Chula Vista Municipal Code
Chapter 2.28
BOARD OF ETHICS*
Sections:
2.28.010 Establishment of code of ethics.
2.28.020 Application of chapter.
2.28.025 Responsibilities of public office.
2.28.030 Loyalty.
2.28.040 Fair and equal treatment.
2.28.050 Unethical conduct,
2.28.060 Advisory opinions.
2.28.070 Creation of the board of ethics.
2.28.080 Purpose.
2.28.090 Duties of the board.
2.28.100 Powers of the board.
2.28.110 Organization.
2.28.120 Meetings.
2.28.130 Order of business.
2.28.150 Conduct of hearing upon complaint.
* For provisions of Charter law concerning appointive
boards and commissions, see city Charter §§ 600 -
606.
2.28.010 Establishment of code of ethics.
The respected operation of democratic govern-
ment emphasizes that public officials be indepen-
dent, impartial, and responsible to the people. The
public judges its government by the way public
officials conduct themselves in the posts to which
they are elected or appointed. All public officials
should conduct themselves in a manner that will
tend to preserve public confidence in, and respect
for, the government represented. Such confidence
and respect can best be promoted if every official,
whether paid or unpaid, and whether elected or
appointed, will seek to carry out these goals.
The purpose of this code is to establish ethical
standards of conduct by setting forth those acts or
actions that are incompatible with the best interests
of the city and by directing disclosure by such offi-
cials of private financial or other conflict of inter-
ests in matters affecting the city. Further, it is the
purpose of this code to assist the aforementioned
officials in the task of judging themselves, so as to
enable them to properly carry out their responsibil-
ities as trustees and fiduciaries of the public inter-
est. (Ord. 2297 § 1, 1989; Ord. 1040 § 1, 1967;
prior code § 1.48).
2.25.020 Application of chapter.
This chapter shall apply only to members of the
Chula Vista city council, city manager, city attor-
2.28.050
ney, city clerk, board members and commission-
ers, as well as to ex-city officers who were subject
to the conflict of interest code. (Ord. 2453 § 1,
1991; Ord. 2297 § 1, 1989; Ord. 1040 § 1, 1967;
prior code § 1.49).
2.28.025 Responsibilities of public office.
Public officials are agents of public purpose and
hold office for the benefit of the public. They are
bound to uphold the Constitution of the United
States and the Constitution of this state and to carry
out impartially the laws of the nation, state and
municipality, and thus to foster respect for govern-
ment. They are bound to observe in their official
acts a high standard of morality and to discharge
faithfully the duties of their office, recognizing that
the public interest must be a primary concern.
(Ord. 2297 § 1, 1989).
2.28.030 Loyalty.
Elected and appointive officials should adhere
to the rules of work and performance established as
the standards for their position by the appropriate
authority. Officials should not exceed their author-
ity or breach the law or ask others to do so. (Ord.
2297 § 1, 1989; Ord. 1040 § 1, 1967; prior code
§ 1.50).
2.28.040 Fair and equal treatment.
No official subject to this code shall grant or
make available to any person any consideration,
treatment, advantage or favor beyond that which is
the general practice to grant or make available to
the public at large. (Refer to civil service commis-
sion for the hiring rules.) (Ord. 2453 § 1, 1991;
Ord. 2297 § 1, 1989; Ord. 1040 § 1, 1967; prior
code § 1.51).
2.28.050 Unethical conduct.
A. General Policy. One of the highest callings
is that of public service. With that service comes a
requirement to conduct oneself in a manner above
reproach, since the citizens of the community
expect and deserve a high standard of conduct and
performance. This code of ethics provides the fol-
lowing general guidelines and specific prohibitions
to which city officials must conform in the pursuit
of their assigned duties and responsibilities:
l . All city officials should endeavor to fulfill
their obligations to the citizens of Chula Vista, city
management and fellow employees through
respect and cooperation. They should strive to pro-
tect and enhance the image and reputation of the
city, its elected and appointed officials, and its
2-37
~~
2.28.060
employees. All citizens conducting business with
the city shall be treated with courtesy, efficiency
and impartiality and none shall receive special
advantage beyond that available to any others.
Officials shall always be mindful of the public trust
and confidence in the daily exercise of their
assigned duties, striving to conserve public funds
through diligent and judicious management.
B. Specific Prohibitions. City officials (includ-
ing nonpaid commission, board and committee
members) shall be considered to have committed
unethical conduct if any of the following occur:
1. Used one's position or title for personal
gain but not found to be an act of illegality or con-
flict of interest by the district attorney, Grand Jury
or Fair Political Practices Commission.
2. Knowingly divulged confidential infor-
mation for personal gain or for the gain of associ-
ates in a manner disloyal to the city.
3. Knowingly made false statements about
members of the city council or other city employ-
ees that tend to discredit or embarrass those per-
sons.
4. Used or permitted the use of city time, per-
sonnel, supplies, equipment, identification cards/
badges or facilities for unapproved noncity activi-
ties, except when available to the general public or
provided for by administrative regulations.
5. No ex-city officer for a period of one year
after leaving office or employment shall, for com-
pensation, act as agent or attorney for, or otherwise
represent, any other person by snaking any oral or
written communication before any city administra-
tive office or agency or officer or employee
thereof, if the appearance or communication is
made for the purpose of influencing administrative
action, or influencing any action or proceeding
involving the issuance, amendment, awarding, or
revocation of a permit, license, grant, or contract,
or the sale or purchase of goods or property.
6. Endorsed or recommended for compensa-
tionany commercial product or service in the name
of the city or in the employee's official capacity
within the city without prior approval by a city
council policy.
7. No member of the city council shall be eli-
gible, for a period of one year after leaving office,
for employment by, or be on the payroll of, or be a
paid consultant or paid contractor to, the city, or to
any entity controlled by the city or the city council
("controlled entities"), or to any entity which
receives a majority of its funding from the city or
of its controlled entities, except by the permission
of the council finding on four-fifths vote that spe-
cial identified and articulated circumstances exist,
cast at a regular public meeting taken after the
involved member of the city council has left office.
(Refer to Civil Service Commission for the hiring
rules.) (Ord. 2629 § 1, 1995; Ord. 2453 § 1, 1991;
Ord. 2297 § 1, 1989; Ord. 1040 § 1, 1967; prior
code § 1.51).
2.28.060 Advisory opinions.
When a councihnember or other official has
doubt as to the applicability of a provision of this
code to a particular situation, written inquiry
should be made to the board of ethics for an advi-
sory opinion. Said person should be guided by that
opinion when given. The councihnembers or other
officials shall have the opportunity to present their
interpretation of the facts at issue and of the appli-
cable provisions of the code before such advisory
decision is made. (Ord. 2297 § 1, 1989).
2.28.070 Creation of the board of ethics.
Aboard of ethics shall be created and appouited
in accordance with Section 600 of the city of Chula
Vista Charter and Chapter 2.28 CVMC. (Ord. 2297
§ 1, 1989).
2.28.080 Purpose.
It is the purpose of this board to advise the city
council of the city of Chula Vista on all matters
relating to potential unethical conduct and to make
such necessary and appropriate recommendations
to the city council for the implementation of the
code of ethics and amendments thereto, which may
become necessary from time to time. This board
will serve as a hearing body on all such matters and
shall render impartial and objective opinions and
insure that those covered by this chapter are appro-
priately informed. (Ord. 2297 § 1, 1989).
2.28.090 Duties of the board.
It shall be the function of the board of ethics to
implement the code of ethics adopted by the coun-
cil for public officers and employees. The duties of
the board shall be:
A. To receive or initiate complaints of viola-
tions of the code of ethics. All complaints shall be
sworn under penalty of perjury and shall be in writ-
ing, containing full allegation of facts which would
constitute a violation of the code. All alleged vio-
lations must be submitted within 60 days of occur-
rence or when it should have been discovered with
the exercise of reasonable diligence. Justification
for any delay in filing complaints is the responsi-
bility of the complainant.
2-38
~-~ C~
Chula Vista Municipal Code 2.28.150
For board action, complaints concerning uneth-
ical patterns of behavior must be received by the
board within 60 days of the most recent event com-
prising the pattern of behavior complained of, or
within 60 days of when the last event should have
been discovered with the exercise of reasonable
diligence.
The board will, in its discretion, limit the pattern
of behavior to those events the board feels are
proximately related in time to be a part of the same
pattern of behavior.
B. To hear and investigate complaints and
transmit the findings and recommendations to the
city council.
C. To render advisory opinions or interpreta-
tions with respect to the application of the code,
either on request or on its own initiative.
D. To propose revisions of the code to assure its
continuing pertinence and effectiveness. The affir-
mative vote of five members of the board shall be
necessary for it to find conduct to be unethical.
(Ord. 2297 § 1, 1989).
2.28.100 Powers of the board.
The board of ethics is authorized to receive com-
plaints, conduct investigations upon complaints or
information received, hold hearings, swear wit-
nesses, render advisory opinions and adopt rules of
procedure for the conduct of its business. (Ord.
2297 § 1, 1989).
2.28.110 Organization.
A. The board shall be composed of seven mem-
bers appointed by the city council for a term of four
years, as prescribed by the provisions of the city
Charter and the municipal code of the city of Chula
Vista. Prior to exercising their authority to appoint
a person to membership, the city council shall refer
for recommendation the list and qualifications of
applicants to the presiding judge of the South
County Division of the San Diego Superior Court
or his or her designee, who shall review the list of
applicants and their qualifications, and who should
select not less than five for the purpose of conduct-
ing in-person interviews and who shall conduct
such interviews. If said judge or designee declines
or fails to review such applicants, or conduct such
interviews, or make such recommendations, then
the council shall interview such applicants them-
selves personally, and may make an appointment
jointly passed with four affirmative votes. No such
person may be appointed as a member, or shall be
entitled to retain their membership, if he or she,
within the past 10 years prior to the date of appoint-
ment, has been convicted of a crime involving
moral turpitude, or has been found to have commit-
ted acriminal violation of the Fair Political Prac-
tices Act.
B. The board shall elect from its membership a
chair and avice-chair. The term of the chair and
vice-chair shall be for the period of one year, com-
mencing on July 1st each year. The chair shall pre-
side at all meetings. In the absence of the chair at
any meeting, the vice-chair shall preside, and in the
absence of both chair and vice-chair, the board
members present shall elect a chair pro tempore for
said meeting.
C. The city attorney or an appointed representa-
tive shall act as secretary to the board. The secre-
tary shall cause notice of the 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 busi-
ness before the board. (Ord. 2778 § 1, 1999; Ord.
2630 § 1, 1995; Ord. 2297 § 1, 1989).
2.28.120 Meetings.
The board of ethics will hold meetings at the call
of the chair or the vice-chair or a majority of the
members ofthe board. The board shall hold at least
one meeting per year. (Ord. 2297 § 1, 1989).
2.28.130 Order of business.
The following shall be the order of business for
all meetings:
A. Roll call of members.
B. Reading of minutes of previous meeting.
C. Amendment or approval of minutes of previ-
ous meeting.
D. Consideration of matters continued from
previous meeting.
E. Consideration of new complaints or
requests.
F. Consideration of proposed or existing state
legislation in the field of ethics and amendments to
the code of ethics of the city of Chula Vista.
G. Other business.
H. Oral communication. (Ord. 2297 § 1, 1989).
2.28.150 Conduct of hearing upon complaint.
A. Upon receipt of a complaint or information
as prescribed by the code of ethics, the board shall
determine by a majority vote if there is probable
cause to believe a violation has occurred. The
board shall notify the officer alleged to have vio-
lated the code of ethics of the charges contained in
the complaint or information immediately but shall
not reveal the identity of the complainant until and
2-39
(Revised 6/12)
~E
2.29.010
unless it is determined that probable cause for such
complaint exists. The officer shall be entitled to
submit a statement to the board of ethics for con-
sideration or may appear personally at such time as
the issue of probable cause is to be discussed by the
board. If no probable cause is determined, the
board shall dismiss the matter summarily and
notify interested parties in writing. If probable
cause is determined, the board shall take further
investigatory and procedural steps necessary to
resolve the matter.
B. If, after appropriate investigation or hearing,
the board shall find that a conflict of interest or a
breach of ethics, as prohibited by the code of eth-
ics, did or continues to exist, the board shall for-
ward its findings to the city council to correct or
rectify the condition that exists. Said notification
shall be accompanied by a statement of facts and
findings and recommendations. (Ord. 2297 § 1,
1989).
(Revised 6112] 2-40
Chapter 2.29
CHARTER REVIEW COMMISSION
Sections:
2.29.010 Creation.
2.29.020 Purpose and intent.
2.29.030 Functions and duties.
2.29.040 Membership.
2.29.050 Meeting schedule.
2.29.010 Creation.
There is hereby created a Charter Review Com-
mission. The provisions of Article VI of the City
Charter, Chapter 2.25 CVMC and this chapter shall
govern this Commission. (Ord. 3211 § 3, 2011;
Ord. 2518 § 2, 1992; Ord. 2400 § 1, 1990).
2.29.020 Purpose and intent.
It is the purpose and intent of the City Council in
establishing the Charter Review Commission to
create an advisory body to serve as a resource to
advise and snake recommendations to the City
Council and the City Manager on issues affecting
the provisions of the City Charter. The Commis-
sion will review the organizational framework of
City government, work to identify language to
amend the City Charter to clarify or improve the
workings of the City government, and recommend
changes sufficiently in advance of elections to
allow thoughtful City Council review and determi-
nation of whether to place the matter on the ballot.
(Ord. 3211 § 3, 2011; Ord. 2518 § 2, 1992; Ord.
2400 § l , l 990).
2.29.03D Functions and duties.
The functions and duties of the Charter Review
Commission shall be as follows:
A. Constitute a forum for City-wide discus-
sions, research and analysis of matters relating to
current or proposed provisions of the City Charter,
and amendments thereto.
B. Help coordinate citizen and staff ideas with
regard to potential Charter changes.
C. Formulate specific language for proposed
Charter changes to be submitted to the City Coun-
cil in a form appropriate for placement on the ballot
at an election wherein the proposed Charter
changes can be submitted to the electorate.
D. Provide analyses and reports to the City
Council in connection with said recommendations.
E. Prepare and submit proposed ballot argu-
ments in favor of or against proposed Charter
~F
ATTACHMENT 2
CITY C4UNClL
4 STATEMENT
~`~~ CIlY OF
CHU[.AVtSTA
August 9, 2011 Item
ITEM TITLE: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING CHAPTER 2.28 [BOARD OF
ETHICS] OF THE CHULA VISTA MUNICIPAL CODE AND
ADDING SECTIONS 2.28.160 THROUGH 2.28.200 TO
SAME
SUBMITTED BY: CITY ATTORNEY'S OFFICE VIA CHULA VISTA BOARD
OF ETHICS
REVIEWED BX: CITY ATTORNEY~~~
FELICIA STARR, CHAIR BOARD OF ETHICSL~~
4/STNS VOTE: YES ~ NO X~
SUMMARY
Chapter 2.2$ of the Chula Vista Municipal Code established the Boazd of Ethics and sets
forth ethical standards for City Officials. Chapter 2.28 further provides that the Board of
Ethics shall make recommendations regarding Chapter 2.28 to ensures its continuing
pertinence and effectiveness. The Boazd of Ethics, via an ad hoc committee and during a
year-long period, reviewed Chapter 2.28 and now presents to the City Council proposed
amendments and additions to Chapter 2.28 for its consideration and adoption.
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed activity for compliance
with the California Environmental Quality Act (CEQA) and has determined that this
activity is not a "Project" as defined under Section 1578 of the State CEQA Guidelines
because it will not result in a physical change to the environment; therefore, pursuant to
Section 15060{c)(3) of the State CEQA Guidelines the actions proposed are not subject to
CEQA.
RECOMMENDATION
It is recommended that City Council approve the ordinance.
BOARDS/COMMISSION RECOMMENDATION
The Board of Ethics voted to recommend to City Council, that City Council approve the
proposed amendments and additions to Chapter 2.28 of the Chula Vista Municipal Code.
7~~-
~-Z/
August 9, 201 I Item
Page 2 of 4
DISCUSSION
Chapter 2.28 of the Chula Vista Municipal Code established the Board of Ethics and sets
forth ethical standards for City Officials. Chapter 2.28 further provides that the Board of
Ethics shall make recommendations regarding Chapter 2.28 to ensure its `'continuing
pertinence and effectiveness." Pursuant to that mandate, the Boazd of Ethics reviewed
Chapter 2.2$ and now presents to the City Council amendments and additions to Chapter
2.28 for its consideration and adoption.
1. Review Process.
The Board of Ethics is tasked with making recommendations regarding Chapter 2.28 to
ensure the Chapter's "continuing pertinence and effectiveness." To carry out this
mandate, the Board of Ethics approved the creation of an ad hoc committee to review
Chapter 2.28 in the early part of 2010. The ad hoc committee ("Ad Hoc Committee")
was composed of Board of Ethics Chair Felicia Starr and Boardmembers Al Sotoa, G.
Michael Crerman, and Anthony Jemison {as an alternate). The Ad Hoc Committee was
assisted by staff from the City Attorney's Office. The Ad Hoc Committee initially met
once a month, but starting in January 2011 the Ad Hoc Committee met multiple times per
month. The Ad Hoc Committee meetings were open to the public and noticed as such.
At the conclusion of the ad hoc committee meeting process, the Ad Hoc Committee
presented its proposed amendments and additions to Chapter 2.28 to the Board of Ethics.
After several meetings, which included substantive discussion and further additions to the
proposed revisions to Chapter 2.28, the Board of Ethics voted to recommend the City
Council that City Council approve the proposed amendments and additions to Chapter
2.28, which are set forth in Attachment A.
2. Issues Identified
During the ad hoc committee review process many topics and issues were discussed and
considered in developing the recommended revisions to Chapter 2.28, including, but not
limited to, the following:
+ Clarifying and increasing persons subject to Chapter 2.28.
• Creating an actual "Code of Ethics" and developing its terms.
• Clarifying the duties, purpose, and composition of the Board of Ethics.
+ Increasing the Board's ability to refer matters to other governmental entities
involved in the enforcement of ethical violations.
• Clarifying and streamlining the complaint hearing process from receipt of the
complaint to final decision.
• Ensuring that Due Process principles are followed in the complaint hearing
process, including:
o Providing for adequate and timely notice regarding the receipt of a
complaint
~=~-
~! -~~-
August 9, 2011 Item 7
Page 3 of 4
o Providing for the right to confront and cross-examine witnesses, including
disclosure of the complainant's name.
• Increasing the significance and impact of the Board's findings and
recommendations.
3. Summary of Proposed Revisions.
The following is a summary of the major proposed amendments and additions to Chapter
2.28:
• City Officials subject to the current version of Chapter 2.28 includes the Mayor,
Councilmembers, the City Manager, the City Clerk, the City Attorney, and board
and commission members. It is now proposed that the term City Officials be
increased to include persons whom the Board believes significantly impact the
making of City policy, specifically Department Directors and Assistant City
Managers.
• Chapter 2.28, as currently written, does not contain a single Code of Ethics.
Instead, it provides ethical guidance in various sections of Chapter 2.28. In
addition, some sections appear to be aspirational in nature and others involve
prohibited conduct. To resolve this lack of clarity, a single Code of Ethics is
created in amended section 2.2$.030. The Code of Ethics combines the current
sections involving ethical guidance into one section and adds additional ethical
guidance. The ethical guidance is divided into two categories. The first category
is titled `'Guiding Principles." The "Guiding Principles" are intended to be
principles that City Officials should use to guide their conduct. Because they set
an aspirational standard they are not meant to be sanctionable under the chapter.
The second category sets forth "Specific Prohibitions." The "Specific
Prohibitions" details specified conduct that City Off cials may not engage in and
that are subject to investigation and action by the Board of Ethics.
• Chapter 2.28, as currently written, provides that the Board of Ethics may conduct
hearings upon receipt a complaint. However, it did not provide any specificity as
to how a complaint should be addressed. The proposed amendments provide a
specific procedure on how to address a complaint, including actions upon receipt
of a complaint, provisions far a prima facie review of the complaint, provisions
for a probable cause hearing, provisions for a hearing on the merits, and an ability
to investigate the complaint. The hearing process is progressive, in that it seeks
to ensure that cases that are insufficient or lack merit are resolved at the earliest
possible stage. In so doing, the complaint process is not abused and City
resources are not wasted.
• Chapter 2.2$.150, as currently written, provides that the name of the complainant
shall not be disclosed, "until and unless it is determined that probable cause for
such complaint exists." That current language was troubling to members of the
public that addressed the ad hoc committee. Generally, speakers felt it was
improper to keep the name of the complainant confidential because it denied the
subject of the complaint the "right to confront their accuser." The Ad Hoc
Committee balanced those concerns with the need to keep the name confidential,
particularly in situations where retaliation may occur. The ad hoc committee
~3 ~ -2~
August R, 2011 Item
Page 4 of 4
surveyed other Cities and Agencies to determine how that issue was addressed by
those respective entities. After discussion by the ad hoc committee, proposed
section 2.28.130(C) was drafted to address the competing interests. Section
2.28.130(C} provides that the name of the complainant would not be confidential
(and subject to disclosure} unless the person filing the complaint request
confidentiality and there is good cause to withhold such name. The section then
provides for a review process to determine if good cause exists. If good cause is
not found, the party making the complaint would be given an opportunity to
withdraw their complaint. In addition, if good cause is found, the confidentiality
is only for a limited period, in that the name is subject to disclosure after the
probable cause hearing if probable cause is found.
• Chapter 2.28.150(8} provided that the Board of Ethics, after finding misconduct,
would forward its findings and recommendation to City Council far action.
However, such procedure minimized the impact of the hearing process, the
findings that were made, and attendant recommendations. As a result, proposed
section 2.28.170 seeks to strengthen the impact of the hearing process, findings,
and attendant recommendations. It does so, by creating a "Declaration of
Misconduct" that may not be changed by City Council. In so doing, it recognizes
that the Boazd of Ethics has conducted an extensive hearing process, involving
documents and witnesses. In addition, section 2.28.170 it details a range of
actions that the Board of Ethics may recommend to City Council. Adding the
range of actions provides notice to City Officials that, if misconduct is found, the
consequences are serious and would be treated as such.
DECISION MAKER CONFLICT
The proposed action is not site specific, and, as a result, no conflicts have been identified.
CURRENT YEAR FISCAL IMPACT
The Board of Ethics is composed of Chula Vista citizen volunteers, and as such the
members donate their time to perform their duties under the Chapter. The City does
incur costs in terms of staff time and resources to prepare agendas, process complaints,
and attend hearings as needed. The number of complaints received varies from year to
year. However, it is anticipated that the proposed amendments will not significantly add
to current costs of implementing Chapter 2.28.
ONGOING FISCAL IMPACT
As discussed above, the number of complaints received varies from year to year.
However, it is anticipated that the proposed amendments will not significantly add to
current costs of impternenting Chapter 2.28.
ATTACHMENTS
A. Strike-out version of Amended Chapter 2.28.
Prepared by: Felicia Starr, Board of Ethics Chair and Simon Silva, Deputy City Attorney, City Attorney's
ice.
~ ~~~~
Chapter 2.28
BOARD OF ETHICS AND CODE OF ETHICS*
.Sections:
x.28.010 Establishment of Board of Ethics and CEOde of eEthics.
2.28.020 Application of the Code of Ethics.
2.28.030 ~s3~a1~:Code of Ethics.
2,28,040 .Creation of Board of Ethics.
2.28.050 rT *'~'^'' ^ ~~~Purpose.
2 X8.060 ^ a"'°"„" ^' ~'"".Duties of the Board of Ethics.
x,28 070 rte ~-"~°-' "~°+'~~^°Pow~ers of the Board of Ethics.
2.28.08a ~eseOrganization.
2.28.090 Meetin;~ s.
2.28.100 ~ ,.c *'~° boaluOrder of Business.
2.28.110 dvisory Opinions.
2?8.120 ~4eet-ids Complaints-Form Referral to Other Enforcement A~ency. and
RegVuests far Confidentiality.
2 ~8 130 n-a^~ "~'- ~^~~°°°Com a~laint Procedures-Receipt of Complaint.
2.28.140 ~' a + ~ `' ~''~n*Complaint Procedures-Prima Facie
Revieti4
* For provisions of Charter law concerning appointive boards and commissions, see
city Charter §§ 600 - 606.
2.28.010 Establishment of Board of Ethics aad Ceode of eEthics.
a - .~
-b
+ n ~
~. r ~
~.~ r`tnr~ i~
~ ,.., n~ irti, °+~..° .~. .
Y
'
.-~ ..n=a
~`
r
-~ - +ti, n~ 4
~
4
~ ..~~ of~ to nnmt
f xa~.a a.
Y
,++1,° ° n~c,
V° F' ~
r.
ATTACHMENT A
~- g-25
2.2$.180 Conflicts.
2.28.190 Records.
2.2$?00 Sey~erability.
Public office is a public trust and City Officials steal! exercise their public duties in a
manner that preserves that trust. The public's trust can best be preserved if Cites Officials
adhere to a high standard of ethics that transcend the standards prescribed by law. Hi~~h
interest is not the soli and paramount interest in all actions conducted by alI City
appropriate action with respect to unethical behavior, and to assist City Officials with
decision makin~~ in areas of ethical concern. Accordin lv, the Board of Ethics, as stated
in Section 2 '8.040. and the Code of Ethics. as stated in Section 2.28.030, are hereby
established. (Ord. 2297 § 1, 1989; Ord. 1040 § 1, 1967; prior code § 1.48).
2.28.020 Application of-e#a}~e~of the Code of Ethics.
Tti,:~. ^~^„*°r The Code of Ethics. shall apply only to "Cit~Fticials." City- Officials sha
mean members of the Chula Vista city council, including the Mayor, the sCity
mManager, the ECity aAttorney, the CEity eClerk, board members and commissioners,
Assistant City Manavers. Cit~partment heads, as well as to ex-city officers who were
subject to +~, ^^~~,;.,r ..~:.+r Y°"+ ^^`'° this chapter. (Ord. 2453 § 1, 1991; Ord. 2297 § 1,
1989; Ord. 1040 § 1, 1967; prior code § 1.49}.
tl, + F t r r ~ °.,r Tl,o 1. rl t.+ .+t+n ., rL, ° ..4'x:...,1 .+r ;-u
b 1
y
~l
The Code of Ethics is divided into two areas. Guiding Principles, as set forth in
subdivision A and Specific Prohibitions, as set forth in subdivision B. The Guiding
Principles are intended to provide a set of principles From which City Officials can draw
Should conduct themselves in a manner that will tend to preserve public confidence in,
and respect for the ~ovetnment they represent. The u ose of these Guidin Princi les
is to encourage the hi hest standards of behavior by City Officials, transcending
ATTACHMENT A
~'~' ~ -Z~
not engage in and as such are subject to the complaint procedures set forth in Sections
2.28.120 through 2.28.170.
standards required by law: increase public confidence in the City Officials that serve the
Guiding~LPrinciples:
1 City Officials are asents of public purpose and hold office for the benefit of the
public As such. City Officials have a duty to act in the best interests of the
judicious management.
~ Gity Officials should not engage in. permit, or condone fraud, but should be
proactive to identify fraud and seek to correct the causes that lead to the fraud.
Fraud in public service includes but is not limited to. making a false or
misleading; representations about a material fact or engagin~Zin deceitful conduct.
4 Citv Officials should not enga~,e in. permit. or condone waste. but should be
praactive to identify waste and seek to correct the causes that lead to the waste.
V~'aste in public service involves the extravagant. careless, ar needless expenditure
of city funds or the consumption of city property, that results from deficient
practices sxstems controls, or decisions.
~ City Officials should not engage in, permit, or _condone abuse, but should be
proactive to identify abuse and seek to correct the causes that lead to the abuse.
Abuse im~olves the improper use of city resources, including abuse of position,
authority or resources such as tolls. vehicles. oz other city property.
6 City Officials must be loyal to the public they serve and should put the public's
interests above their personal interests.
7 Citv Officials must protect and enhance the image and reputation of the City.
8 City Officials must treat all citizens conductin= business with the City with due
courtesy efficiency. and impartialiri~ and no one citizen shalt receive special
advantage.
9 City Officials must always be mindful of the p_ubiic trust- and confidence in the
exercise of their assigned duties and shall refuse to condone breaches of public
trust or improper attempts to influence the decision-making process.
10 City Officials must al~ya~s be mindful of conflict of interest laws and abide by
them.
11 Citv Officials must be aware of all. their financial interests. thereby ensuring that
such financial interests do not influence their conduct or actions.
B Specific Prohibitions It is prohibited and shall be deemed unethical for a City Official
to engane in one or more of the follow°ing actions:
ATTACHMENT A
~- c{ -~7
Official that recusal or abstention is appropriate.
13 City Officials are expected to abide by all local, state, and federal laws.
2.
he/she is not a member. in derogation because of the value of the independent
advice of boards commissions and other ad~°isory bodies to the public decision-
making, row cess,
3 lise their official title or position for persona[ Gain. Personal Gain includes, but is
not limited to situations, wherein a City Official solicits items of value in
consideration of their official title or position.
~ Divul<,e confidential information for personal ~a,_in or for the Gain of associates in
logos city time personnel supplies. equipment, identification cards/ badges or
Council.
6 Appear on behalf of the private interests of third parties before the Council or any
board commission or proceeding of the city; nor shall members of boards.
commissions. and other advisory boards appear before their own bodies or before
the Council on behalf of the private interests of third parties on matters related to
the areas of service of their bodies. except for limited exceptions, as provided for
in Fair Political Practices Commission Re u~ lotion 18702.4.
7 No Esc-City Officer (not including a former manor or eouncilmemberl for a period
of one-year after leaving office or employment shall, for compensation, act as an
anent or attorney for. or other otherwise represent, any other person by making
~uroose of influencing any action or proceeding involving the issuance.
amendment awarding. or revocation of a permit, license. Qrant, or contract far the
sale of purchase of goods or prapertv.
8 No former member of the City Council. including the Mayor, shall be eligible to
appear as a compensated representative at any time before the Council ar any
commission board or city staff in corulection with any case or other matter with
which he/she personally participated while an official or employee of the city for
twelve (1?,~ months following the date of separation from elected or appointed
office except by permission of the City Council findin~; on four-fifths vote that
special identified and articulated circumstances, include but are not limited to,
determinations that it is in the best interest of the City to permits such
representation that the former councilmember, including the Mayor. is uniquely
qualified to appear on the matter or it is impractical to require another
representative to appear an the matter.
ATTAC~^ NT A
~-'2~
9 Endorse ar recommend far compensation anv commercial product or service in
the name of the city or in the employee's official capacity v4•ithin the city without
prior approval by a city council policy.
i0 Violate Government Code section 87100 related to financial interests and
governmental decisions made by them. If a complaint is filed with the Board of
Ethics allegint: a violation of this subsection, the Board of E#hics recognizes that
tireat wei«ht As such if a complaint is filed concurrently, then the Board of
Ethics may defer action on such allegation, as set forth in this chapter. If a
complaint is not filed eoncurrentl~°, the Board of Ethics may submit a complaint to
11 No Cif official shall coerce anv of their subordinates or anv other Citv employee
to participate in an election campaign contribute to a candidate or political
teneral statement encouraging another person to vote does not violate this
prohibition.
are not limited to bumper stickers, sins, or other similar items.
13. ~To City Official shall aid and abet another Cit Official to violate the S ecific
Prohibitions enumerated in this subdivision nor shall they aid and abet anv person
rn Pnaa~P in nnnrlner rhat vti,~nuld constitute a violation of the Specific Prohibitions
14 No City Official shall negotiate for employment with anv person, firm, or
oraani~atinn at the same time that aforementioned person. firm, or organization
has a matter pending before City Council Board or Commission, or city
department and upon which the City Official must act or make a recommendation.
(Ord. 2297 § 1, 1989; Ord. 1040 § 1, 1967; prior code § 1.50).
2.28.04 Creation of the $oard of Ethics.
n===="=s=u=~~
A Board of Ethics shall be created and appointed in accordance with Section 600 ofthe
city of Chula Vista Charter and in the manner set forth in this cha tp er. (Ord. 2453 § 1,
1991; Ord. 2297 § 1, 1989; Ord. 1040 § 1, 1967; prior code § 1.SI).
a a
ATTACHMENT A
~. ~ ~~
1,' C.
~~ '+ f'~'
' 1 1 n+ v,~ #l,o r~,_,c m,:+ ..~rl,.~ nn; o a a..+ ;o na
7
L, r
+ a •+1-. )
...+
v ef'~F:.. o „a
r
n
,•+:~l:+t na
o nl
,~ll
..:, .. ,.... ,. „1
~
~
a +
e 1L .
'
a +>n J
J
+ 11.1 +..
a
av u
a
;`
T
+>..v,.
n n~~n,~ln
~
-
~
.. .,11 nl
,.,.,..n ~>i.a~4. JT1L'L+
~a~)1 ..~
^ ~~
+L,o
l
~f !
~F_ __~ ___ [I e!!
- ____ [
eo ~I9
ix
o:
._ ._ ~ OTIIGZ i7 9TLI
GTR= ilul 4TJ
. V
11ML 41 ul~r
.l.l'
Y,
,ra
n +1,,, ..L..7:1; ,~+
~,~ 06
,,,i
J~
,a;
--
„ D
_ o
.,+
^ )
^H
Za r J \ V
a Jl V414
TR'~~
1 T T O 9i'')1"r„r~C
a )
•+•
t'tld f'r,
~
ui_
vac_i
+
u
F .,A +~,
l.s ..
,r~.y,t .+~:i1p~,~1
~TQi
,.,{`f' r ~ • t + 1. z
vl
+L, a' #..:.,+ ..++n.-., z
~
e,> C lra
v
.,.+r7 T,...,• ~ ,. i.'.,:~ D .+l:+;n n1 D.-r,i,+inn~
~~
~ TC+, +
1
n~-1 a~ a,nl~a7_+o_+l,o n.
f 1 + + + 1. +.
+
.,.1-.a..n .\~
+L,a n;f,r
n r,
nil ~ ..+1,~,,. n:+[
r
~ J 1J Vl T
7 I T )
)
~ )
.,
,
. 7
f ,
.,
r r
• Q
n a ..+
~,
te
r. o ,nn
n+, ..4•
f. ~o
•+ 1.no,ie rt
•• ~>*r
!
IIT~421 ZI1s'C1Se~ '~
E~ F,
) ~ a) r ~ o
~~1
i
i~
r
l
v f ,.a ,~f „ . ~.~n~ o« '
i~~
~~
-5
3t
r
}e-Ei~-6e~3G
~
vr-v
~~r )
g
and to make such necessarti~ and at7pro riate recommendations to the City Council for the
implementation of the code of ethics and amendments thereto which may become
necessary from time to time The Board of Ethics will serve as a hearing body for
ATTACHMENT A
~ ~-30
a
)
arv-ICC-cvrra:rr~srvirroi-czic .mob . ...i
ti_iolations of this chapter and shall render impartial and obiective opinions and insure that
those covered by this chapter are appropriately informed.
Members of the Board of Ethics should be aware that the~~ are in a unique portion of trust
_(Ord. 2629 § 1, 1995; Ord. 2453 § 1, 1991; Ord. 2297 § 1, 1989; Ord. 1040 § 1, 1967;
prior code § 1.51).
+L' .a + ., «+' l., :+,,.,r; ~.~:+*s,~ r,n,,:,K. ~L,~ ,1.a Le .,,7~ +~, +L,a L,,. ~.7 .,~ a+L,:n
av uw vvuza-vr-a, ciu~c
r , a
~' ,-1 C.,;.a ,.L,, .1..] L~ :,a .,,~7 L~.+L.,+ z.l~,e TL,s
-- a, - - - - - - J ,.~, ~..
nn '1 1.. ..+L,. .,4~'n:.-.1~ ..L,.511 1,., a tL,a .~...t, :+.. +...~,.ocv~.+ +l.,o
c::-.:,ra~zr :rte -, ~c a ,
It shall be the function of the Board of Ethics to implement this chapter. The duties of the
Board shall be:
A To receive or initiate complaints of violations of this chapter. B. To hear and
investi Tate complaints and transmit the f3ndin~s and recommendations to the City
Council.
C To render advisor pinions or interpretations with respect to t_he application of this
chapter. either on request or on its own initiative.
D To propose revisions of this chapter to assure its continuing pertinence and
effectiveness. (Ord. 2297 § 1, 19$9).
crcy~vx-c~nc1'cr-~c-cxccr[c~ ~... ....Y....... .. .~.
In order to carry out its duties. the Board of Ethics is authorized to receive complaints,
render advisory opinions and adopt rules of procedure for the conduct of its business.
(Ord. 2297 § 1, 1989).
ATTACH NT A
~~~
subdivision D Irregularities in the inten~iew process set forth in Section 2.25.454,
membershi if he or she within the~ast 10 years prior to the date of appointment. has
been convicted of any felony or a crime involvinc moral turpitude or has been found to
have committed a criminal violation of the Fair Political Practices Act.
1989).
tl. '~ ~ 1,1• ~~ ~ a - -1 „~ 'rt,° .a,.+;a~ „~+>,,,, 1,,,.n.
'
- .a nt,nll ti,o.
~J 11 V
-------- --- r ------ - -
• `~ '+' + ,,,awl + 4' 1 +' ~+ - ...aa .+~ ~++1+;
`
T
A 11 ..l ~ .++~
rr--
ri*-rc-~_
r
- jl rlnr ~+< .~F ,~ nrl L-. 11 1. •+• .,t
°
' Y
n fish .±lls a+'Y012
~v
J a
J r'
~
„
. .~,
r +•~ +• c s. aaln, ;,1 r.i; ,.
d;~i
l
l
^
f ..,n ,,.~ ~+1,,.
!. ,...,
J J
o
e
ge~
~
~;L~
~-ease~
~
r 1. .a +' 1 + ,. ,,..•.;,, - -~, , _... _ ._ , ..F l.v], n
'
- r
c+ 1.° e ..off
•
F/L[LI.t 111J M
Ail
__'---v -----r- - - - v
> >
F 1 r 1 1 + - +' L. .-~ F +k -° .+n++v •+~ 1'°Z~'7a`i'S~r
N r
a
The Board of Ethics will hold meetings as set forth in'ylunicipal Code section
2.25.200(A) 2). (Ord. 2297 § 1, 1989).
2.28.100 ~ °~+`~°'"'°"aOrder of Business.
ATTACI-IlVIENT A
~ G -32
C. The Citti- Attorney or his or her appointed reuresentative shall act as secretary to the
A The following shall be the order of business for all meetings:
1. Roll call of members.
~ Reading of minutes of previous meeting.
amendments to the code of ethics of the city of Chula Vista.
7. Other business.
8. Oral communication.
The aforementioned order of business may be modified by an affirmative vote of the
Board of Ethics.
B. Items of business shall be Laced on the a enda as set forth in :Vlunici al Code
section x.25 210(A). SOrd. 2297 & 1, 1989).
(Ord. 2297 § 1, 1489).
~ t- ~ r
---- ---- -- --r • -
crE~,-v~ D D 1'+' nl ri.. n+: a Air
ATTACHMENT A
~-~-~- `~-33
When a City Official has doubt as to the applicability of a provision of this chapter to a
of Ethics The City Official shall have the opportunity to present their interpretation_ of
the facts at issue and of the applicable provisions of this chapter before such advisory
minion is rendered.
The Board of Ethics may also, on its awn initiative. issue advisory opinions regarding the
interpretation or implementation of any provision of this chapter. (Ord. 2778 § 1, 1999;
Ord. 2630 § 1, 1995; Ord. 2297 § 1, 1989).
2.2$.120114eet~ags=
Tl. 1~ .~1 F +l.' »'l1 l~..l.l ..}... ..+ ~kl.e null ti#' ~L 1+ ' F{.e ~ ,. ..6.: _
ZiV-G1fR11 vi~aa~ ~ i`.w~ ~.
ac
~l•-Complaints-Form, Referral to Other Enforcement A~encv, and Requests for
Confidentiality.
A All complaints re arding violations of this chapter shall be in writing, identify a
person subject to the Code of Ethics, contain a full a1le~ation of facts that would
constitute a violation of the specific prohibitions enumerated in this chapter. and sworn
under penalty of perjury All alleged violations must be submitted within 90 days of
occurrence or when it should have been discovered with the exercise of reasonable
diligence Justification for any delay in ftling~complaints is the responsibility of the
B The Board ma~refer the matter to a local state, or federal enforcement agency that
may have jurisdiction over the matter at any stage of the proceedings and may hold in
abeyance Board action ending results of the referral. The Board of Ethics may. but is
but are not limited to the United States Attorney"s Office, the California Attorney's
If the Board learns of misconduct durin~,any stage of the proceedings, but the
misconduct is not within the specific prohibitions set forth in this chapter. the Board of
ATTACHMENT A
~~
e_ven# should have been discovered with the exercise of reasonable diligence. i~he ~3oard
of Ethics will in its discretion limit the pattern of behavior to those events the Board of
Ethics feels are proximately related in time to be a part of the same pattern of behavior,
_Ethics may make a referral to the appropriate locah state, or federal enforcement a~enev
that may iurisdictions over the allesed misconduct.
C The name of the complainant shall be disclosed unless the complainant has requested
that their name be kept confidential and there is good cause to withhold such name.
Requests for confidentiality shall be addressed as folhws:
1 To request that their name be kept confidential. the complainant must provide,
with their complaint a detailed factual statement, sworn under penalty of periur~°,
that they would suffer harm or retaliation if their name were to be disclosed.
Conclusionarv or speculative statements of harm or retaliation are insufficient to
establish good cause.
2 Upon a request for confidentiality the Chair and two board members, chosen by
consideration of the request determine if good cause exists to withhold disclosure
of the name The Chair shall inform the complainant of its decision within five
business days.
If the decision is to deny the request for confidentiality, complainant shall have
five business days to withdraw- their complaint. If complainant requests that the
complaint be withdrawn the entire complaint shall be returned to complainant
CJpon a finding of ~aod cause by the ad hoc sub-committee formed under this section. the_
name of the complainant shall be kept confidential unless and until a finding of probable
cause is made The complaint shall also be redacted accordingly. (Ord. 2297 § 1, 1989).
2.28.13a
I~ L? .i' ~' roc F .....~ " m+'~
~ ,, .... Y....... ......._~..._a.
YY o
r f` ',1 +' F .d +;., .. + +o la 'clot:~-.:.. +L.e 4: ol.i r.~'a+l~;,.~ n„ri
ie e ~ i r i cee ~~ i ~xaexa~ia-rar-az~ is u va ~w
• r r o 0
o r1 + + +l. ~ ~' +l,' ..~`+l,o ..:+:-.+x'!''1,.,.1., t7:..+.~_
sa~i~czx rcnsTCV cx:vw c"~. ....,........~ .........~ .._ .....~_ _.._~-
v~+cxl^z°c~~T
A The follow~in~ procedures will be followed upon receipt of a complaint:
3. The subiect of the complaint (hereinafter "Respondent") will be sent a letter that
provides notice that a complaint has been received naming them as the subiect,
the date of the next hearing in which the com laint will be addressed. and which
ATTACH NT A
generally explains the procedures that will be followed. The Respondent will also
4 The Chair of the Board of Ethics shall be notified that a complaint has been
S.
review prior to the hearin~7. The Chair and members receiving copies of the
complaint shall not discuss the complaint nor disclose the complaint to anv Verson
outside of the hearin~._(Ord. 2297 § 1, 1989).
2.28.1~U Comniaint Procedures-Prima Facie Review.
The Board of Ethics grill conduct a prima facie review ("Prima Facie Review") of the
complaint The pumose of Prima Facie Review is to determine if the complainant has
made a prima facie showing that the complaint complies with the requirements Sections
may result in the following:
S The allegations contained in the complaint are already under investigation by
the Board of Ethics:
6 The complaint consists of speculation o ip nion frivolous contentions, or absurd
accusations; or
7 The Board of Ethics determines other good cause requires dismissal. If the
dismissal is for this reason the eood cause must be set forth in the minutes of the
~reliminarv review.
ATTAC~3ENT ~~
set within 30 days of receipt of the complaint. If the complaint is received within
90 days of a municipal election in which a City Official is a candidate, the Prima
B Prima Facie Showing Made-Further Action. if the Board determines that a t~rima
matter should be set for a probable cause hearing within 30 days.
2 The Board may create an ad hoc sub-committee comprised of one to three
Board members to conduct further investigation. The ad hoc sub-committee
shall endeavor to complete its investigation within 90 davs of the prima facie
tindin~ If the investi at;; ion is not completed within the 90 days, such fact
shall be reported to the Board. After this stage is complete the matter should
be set for a probable cause hearing~within 30 davs.
3 The Board may hire an individual from a list ofpre-qualified investigators to
conduct an investi ation. This rovisian is sub'ect to available fundin The
investigator shall endeavor to coMete the investigation within 90 days of the
lima facie tindinQ. If the investigation is not completed within the 90 davs,
2.2$.150 Camnl_aint Procedures-Probable Cause i-Iearing.
~+1•, k + ,..,1 +1,s .,1~ .,+ ~, - n~ ,.,Y,.,+; « ;...•..,,..v,7'.,+01 • 1.,.+ r1z„11 ..+ . .,l
~'z z'a`iaa~ J
+1, 'rl +-r F+1. ,.1., +..,,+;1 .,a , r,1v ;t ; -,lore :.,a.a +1..,+.~,,.~1...,1..t,. e
ill• Lf N VV
s r
1, 1 + +.- Tl.o .,~~.-.a,. x1,.,11 l~,a o,.<r_yti~,7 +,. ~„1..~,;+ ., c±.+~-.•..~~++.-. +l.
Y
s
T? T~' ~ •„+0 1, +1, 1~ rl c.h 11 ~ a +1. + fl' r 4'
. , ...rr~~r------ ---• --- -o------- -- ------o~ ---- -
o 0
a a +' ~ rn..,l ~~o~ ~ t t nQn~
The gurpose of the probable cause hearin~T is to determine if there are facts and
has occurred (`_probable cause'') To find probable cause there must be an_ affirmative
ATTA(' NT A
~r -~ 7
vote of the majority of the entire voting membership The follow~in~7 procedures shall be
followed in the conduct of a probable cause hearing:
frame indicated the Board may but is not required to, exclude such evidence. As soon
after receikt of such evidence by the Board. the Board should endeavor to provide the
opposing party a eapv thereof.
C At the hearinv the Board shall review. but is not limited to. the following: the
complaint including an~pporting documents, that was filed: information acquired
during any Board ordered investigation or request for information: and any other
admitted into the probable cause hearing The Board in its discretion, may also permit
witnesses to testify Witnesses may be subiect to cross-examination. as permitted by the
Board.
E Both parties may comment on the issue of probable cause. as permitted by the Brown
Act.
F If the Board determines that probable cause does not exist. the Board shall dismiss the
the merits within 4~ days thereafter..
2 28.160 Complaint Procedures-Hearing on the Merits.
if probable cause is determined to exist by the Board. then the Board shall conduct a
hearing on the merits ("Hearing on the Merits") as set forth herein:
witnesses. and cross examine witnesses.
ATTA~'.~HN~I NT A
~~
statement present additional evidence and witnesses. including rebuttal evidence and
witnesses, and cross examine witnesses.
the probable cause hearing and any other evidence it determines should be considered.
F The Hearing on the Merits is not a formal iudicial proceeding, but the Board will
exercise control over the hearin~ta ensure that it is conducted in an orderly and
expeditious manner While the technical rules of evidence are not applicable and
hearsay is admissible, evidence that is admitted should bear an indicia of reliability.
2.28.170 Com faint Procedures-Decision After Hearin on the Merits.
The Board shall document its decision in a written statement of decision. A vote of fire
certificate of mailing,
A. Misconduct Found-Declaration of Misconduct.
If the Board makes a finding of misconduct. the statement of decision shall contain, and
be labeled as such a Declaration of Misconduct. The Declaration of Misconduct shall
detail the misconduct that has been found to be true and the supporting evidence. The
removal from office. The Declaration of Misconduct may also recommend remedial
actions to prevent misconduct in the future.
B. Rio Misconduct Found-Declaration of No Misconduct.
If the $aard makes a findingof no misconduct. the statement of decision steal[ contain.
and be labeled as such. a Declaratian ofNa Misconduct. The Declaration of No
Misconduct shall detail the basis for its finding Even though no misconduct is found. if
facts have been revealed and which show a potential far misconduct, then, in a separate
action the Board may recommend remedial actions to the Cit`~ Council for appropriate
action.
2.28.180 Conflicts
City Officials subiect to the Specific Prohibitions set forth in this chapter should not
ATTA I~-II~NT A
-~~
Ethics board member a councilmember (including the mayor} or the City Attorney, the
following procedures shall be followed:
A If a complaint involves a Board of Ethics board member_ then the named Board of
Ethics board member shall recuse him or herself.
B If a complaint involves a councilmember including the Mayor, then the named
councilmember shall recuse him or herself.
C If the complaint involves the City Attorney the City Attorney and his or her Off ce,
shall recuse themselves Outside counsel shall be appointed to advise the Board of Ethics
re arding the complaint alle~in~ misconduct by the City Attorney. The Board of Ethics
may establish procedures far the selection of such counsel.
2.2$.190 Disclosure of Board Records
The u ose of this section is to advance the ublic's interest under the Public Records
Act to access information concerning the conduct of Board in a manner that will not
shall pat make~ublic comments regardinU a pending matter until the Board has made a
final decision on the merits or until the matter is othervti~ise closed. The complaint may be
released to the public The complaint may be redacted consistent with Section 2.28.12Q
(re~ardin~ requests for confidentiality} The Board may release its records unless they
fall within but not limited to. the categories that follow:
A Preliminary or draft memoranda documents. or records not kept in the ordinary course
of business.
B. Personnel, medical. or other similar files the disclosure of which would constitute an
(Government Cade section 62~U et.seq.).
f, Documents or records where the public interest against disclosure outweighs the
public interest served by disclosure. Such documents may include, but are not limited to.
the following:
1. The names of juvenile witnesses. or
? Personal ar otherwiseprivate information related or unrelated to the investigation
if the disclosure would constitute an unwarranted invasion of privacy: or
3 The identity of a confidential source; ar
4 Information which if disclosed would create a credible risk of endangering any
individual: or
~ Information which if disclosed would endanger the successful completion of an
^ invest~ation where the prospect of enforcement proceedin,s is concrete and
definite.
2.28.200 Severability.
If an~•._provision of this chapter or the application of any such provision to any person or
circumstance shall be held invalid 'the remainder of this chapter to the extent ~f can be
ATTA~". I~~1 NT A
9 -~~ft~
rovisions of this cha ter are severable.
ATTAC,~NT A
~'~~
ATTACHMENT 3
g~~~
ORDINANCE NO.2013-
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VIS"TA
ADDING CHAPTER 2.01 [CODE OF ETIIICS] TO THE CHULA VISTA
MUNICIPAL CODE AND AMENDING CHAPTER 2.28 [BOARD OF
ETHICS], INCLUDING ADDING SECTIONS 2.28.160 THROUGH 2.28.170,
OF THE CHULA VISTA MUNICIPAL CODE
WHEREAS, Chapter 2.28 codified ethical standards for City Officials, created a
Board of Ethics, and provided the Board the authority to investigate and hear violations
of those standards; and
WHEREAS, the Board of Ethics is charged with reviewing Chapter 2.28, to
propose revisions to ensure the Chapter's "continuing pertinence and effectiveness," and
the Board of Ethics has undertaken such review; and
WHEREAS, the Board of Ethics, in the course of such review, has sought, inter
alia, to provide greater clarity of the ethical standards required of City OfFcials by
creating a Code of Ethics and to provide a streamlined hearing process to investigate
violations of those standards, codifying minimum. due process protections; and
WHEREAS, the City desires to update Chapter 2.28, to ensure the Chapter's
continuing pertinence and effectiveness, by adding Chapter 2.01 [Code of Ethics] and
making specified amendments to Chapter 2.28 [Board of Ethics].
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
SECTION I: ACTION
Chapter 2.01 is added to the Chula Vista Municipal Code as follows:
Chapter 2.01
CODE OF ETHICS
2.01.020 Application of the Code of Etl~ics.
2.01.030 Code of Ethics.
2.01.040 Severability.
in a manner that preserves that trust. The public's trust can best be preserved if City
`~ °!
Officials adhere to a high standard of ethics that transcend the standards prescribed by
law. High ethical standards require that all City Officials understand, and avoid unethical
Ordinance No.
Page 2
behavior. Unethical behavior can developin a variety of situations, but it occurs when
the public interest is not the sole and paramount interest in all actions conducted bYall
City Officials. The purpose of this chapter is to encourage the highest standards of
behavior b~v Officials, increase public confidence in City officials, to identify and
take appropriate action with respect to unethical behavior, and to assist City Officials
with decision-making in areas of ethical concern. Accordingly, the Code of Ethics is
hereby established.
2.01.020 Application of the Code of Ethics.
The Code of Ethics shall apply only to "City Officials." City Officials shall mean
members of the Chula Vista city council, including the Mayor, the City Mana eg r, the
City Attorney, the CityClerk, board members and commissioners, Assistant City
forth in Chapter 2.28.
2.01.030 Code of Ethics.
The Code of Ethics is divided into two areas, Guiding Principles, as set forth in
subdivisions A and B, and Specific Prohibitions, as set forth in subdivision C. The
Guidin Pg rinciples are intended to provide a set of principles from which City Officials
can draw upon to assist them in conducting_the public's business. As such, the Guiding
Principles are directory in nature and not subject to the complaint procedures set forth in
Sections 2.28.090 through 2.28.150. The Specific Prohibitions are actions that City
Officials shall not engage in, and as such, are subject to the complaint procedures set
forth in Sections 2.28.090 through 2.2$.150.
A. Guiding Principles. The public judges its g_oveimment by the way City
Officials conduct themselves in the Hosts to which they are elected or appointed. All City
Officials should conduct themselves in a manner that will tend to preserve up blic
confidence in, and respect for, the government they represent. The purpose of these
Guidin Principles is to encoura e tg he highest standards of behavior by City Officials,
transcending the standards required by law; increase public confidence in the City
Officials that serve the public; and assist City Officials with decision-making in areas of
ethical concern. City Off cials, in the performance of their duties, should skive to adhere
to the following Guidin Pg_rinciples:
City Officials must strive to protect the public's resources through diligent and judicious
management.
2. City Officials should not engage in, permit, or condone fraud, but should be
proactive to identify fraud and seek to correct the causes that lead to the fraud. Fraud in
public service includes but is not limited to, making a false or misleading representations
about a material fact or engaging in deceitful conduct.
3. City Officials should not en agL a in, permit, or condone waste, but should be
proactive to identify waste and seek to correct the causes that lead to the waste. Waste in
public service involves the extravagant careless or needless expenditure of city funds, or
~-y5
Ordinance
Page 3
the consumption of citesproperty, that results from deficient practices, systems, controls,
or decisions.
4. Cit~Officials should not engage in, permit,.or condone abuse, but should be
proactive to identifYabuse and seek to correct the causes that lead to the abuse. Abuse
involves the improper use of city resources, including abuse of position, authority, or
resources such as tolls, vehicles, or other cit~pro~ertLr.
5. City Officials must be loyal to the public they serve and should put the
7. City Officials must treat all citizens conducting business with the City with due
courtesy, efficiency, and impartiality, and no one citizen shall receive special advantage.
8. City Officials must always be mindful of the public trust and confidence in the
exercise of their assigned duties and shall refuse to condone breaches of public trust or
them.
B. Additional Guiding Principles for Board of Ethics Members. In addition to the
Guiding Principles set forth in Section A, Board of Ethics members should adhere to the
following:
1. A Board of Ethics member that is a candidate for elected office should not en~a~e
in political or campaigr~- activity that is inconsistent with the independence,
integrity, or impartiality of the Board of Ethics, including, but not limited to,
current or former Board of Ethics member. A reference by a Board of Ethics
member, in their own campaign materials, that they are or have been a member of
the Board of Ethics alone does not violate this ug~ idin~principle.
2. A Board of Ethics member should conduct their outside activities so as to
minimize the risk of conflicts with their duties as a Board of Ethics member.
should refrain from participating in a matter before the Board of Ethics when they
have a personnel interest in the matter or, outside of a Board of Ethics meeting,
have advocated, supported, or taken a position on that matter
C Specific Prohibitions It is prohibited and shall be deemed unethical for a City
Dfficial to engage in one or more of the following actions:
"7 °~~
Ordinance No.
Page 4
1. Accept gifts, favors, or promises of future benefits, which mi h~mpromise or
tend to impair independence of iudgment or action.
2. Use their official title or position far personal gain. Personal gain includes, but
is not limited to situations, wherein a City Official solicits or accepts items of
3. Divulge confidential information for personal gain or for the gain of associates
in a manner contrary to the public interest or in violation of any law.
4. Use or~ermit the use of City resources includingtibut not limited to funds, seals
or to og s, cit ty ime, personnel, supplies, equipment, identification cards/ bad eg s or
facilities for unapproved non-city activities, except when available to the general
public, provided for by administrative regulations or policies, or approved by City
Council.
5. For current City officials, appear on behalf of theprivate interests of third
parties before the Council or any board, commission or proceeding of the city; nor
shall members of boards, commissions, and other advisory boards appear before
their own bodies or before the Council on behalf of the private interests of third
parties on matters related to the areas of service of their bodies, except for limited
exceptions, as provided for in Fair Political Practices Commission Regulations,
including 18702.4.
6. No Ex-City Official not including former elected City Officials) for a period
of one-year after leaving office or employment shall, for compensation, act as an
agent or attorney for, or other otherwise represent, any other person by making
oral or written communication before anYcity administrative office or agency or
officer or employee thereof, if the appearance of communication is made for the
sale of purchase of goods or property
7. No former member of the City Council, including the Mayor, shall be ell ig ble
to appear as a compensated representative at any time before the Council, or any
commission, board, or city staff in connection with any case or other matter with
which he/she personally participated while an official or employee of the city for
twelve (121 months following the date of separation from elected or appointed
office, except by permission of the City Council finding on four-fifths vote that
special identified and articulated circumstances exist, cast at a regular public
meeting taken after the involved member of the City Council has left office. Such
special identified and articulated circumstances, include but are not limited to,
determinations that it is in the best interest of the City to permits such
representation, that the former councilrnember, including the Mayor, is uniquely
qualified to appear on the matter, or it is impractical to require another
representative to appear on the matter.
8. Endorse or recommend for compensation any commercial product or service in
9. Violate Government Code section $7100 related to financial interests and
governmental decisions made by them. If a complaint is filed with the Board of
~~~~
Ordinance No.
Page 5
Ethics alleging a violation of this subsection, the Board of Ethics recognizes that
great weight. As such, if a complaint is filed concurrently, then the Board of
Ethics may defer action on such allegation, as set forth in this chapter. If a
complaint is not filed concurrently, the Board of Ethics may submit a complaint to
the FPPC and defer action until such complaint is addressed by the FPPC. A
ruling on the merits by the FPPC may be accepted as a finding of the Board.
10. No City official shall coerce any of their subordinates or any other City
employee to participate in an election campaign, contribute to a candidate or
political committee, enga eg in any other political activity relating to a particular
party, candidate, or issue, or to refrain from engage in any lawful political
activity A general statement encouragingLanotherpersnn to vote does not violate
under their control and operated by that Cit~Official. Campai~~n materials
Specific Prohibitions enumerated in this subdivision nor shall they aid and abet
an~person to engage in conduct that would constitute a violation of the Specific
Prohibitions enumerated in this sub-division on their behalf.
13. No City Official shall negotiate for employment with any person, firm, or
department and upon which the City Official must act or make a recommendation.
2.01.040 Severability.
End
Chapter 2.28 of the Chula Vista Municipal Code is amended, including the addition of
sections 2.28.160 and 2.28.170, as follows:
Chapter 2.28
BOARD OF ETHICS
Sections:
~ ~Q me no ., ~;~.;i;+;o~ „f~„~,t;,. „~-;
9-~'
other than those as to which it is held invalid, shall not be affected thereby, and to this
end the provisions of this chapter are severable.
2.28.010 Establishment of the Board of Ethics.
2.28.020 Furpose.
2.28.030 Function and Duties of the Board of Ethics.
2.20.040 Powers of the Board of Ethics.
2.28.050 Membership.
2.28.060 Meetings and Staffing.
2.28.070 Order of Business.
2.28.080 Advisory Opinions.
2.28.090 Complaints-Form, Referral to Other Enforcement Agency and Requests for
Confidentiality.
2.28.100 Complaint Procedures-Receipt of Complaint.
2.28.110 Complaint Procedures-Prima Facie Review.
2.28.120 Complaint Procedures-Probable Cause Hearin.
2.28.130 Complaint Procedures-Hearing on the Merits.
2.28.140 Complaint Procedures-Decision After Hearing on the Merits.
2.28.150 Conflicts.
2.28.160 Records.
2.28.170 Severability.
* For provisions of Charter law concerning appointive boards and commissions, see city
Charter ~ § 600 - 606.
2.28.010 ~'°'°~,':~'..,.,°~~+ °~°°~'° °~'°+'~~°°Establishment of the Board of Ethics.
~-vrrrracncc-miui~.gyp°ccrcccii-vcsrv~--Prc~zirorc ~~.,....J „~~~.,....~ .........,. t.......... ..~:p,»_..~
.1 ., t-,°rl,°« °1°„r°,-1 .,,-,.,;.,+°,7 ,:r;lts.°°L_ +,-. ,. ,.,.++1-.°~° ..~.,ln
~rr~.
b
Ordinance No.
Page 6
Ordinance
Page 7
n,-a i nnn c i i nti~. ,-.r;,,,- ^,,,a° ~ ~ n Q~
shall govern the Board of Ethics.
2.28.020 nrr'~^^*~^-' °~'^''^~*°rPu ose.
> >
w'~~;ere-s~tl~j~e~to~e-Een#1-ie~e~rtere deed.-~4~-3-~-~9~-1;-9raa-~°?-~T
~ oQO~ n,.a ~ nnn ~ ~g.~z f33ri0r-eeEle-~-1.4-x}
election cycle.
~ nu me n°r,,,-,.,~;~,;~;+;°~ nor„~,t;^ ~f;^°
> >
thEtt-th~~~~1~£~@S~-i-23~S~-~~E6i~E2~i:-EB~d~i~ ,
2.28.030~.$yai-tyFunetion and Duties of the Board of Ethics.
.,...,~......,~ ...,.,.,.,u ....... ~,~.~..., ~~, .,. ,,~..w.,.. ,..........,....,...,,~..,.., ~., ..., .,~.. ~~.... ~~.,_ , , _,
i oQa. n,.,a ~ nnn r; r 7 0~~. n..;,,,. ,.,,,a„ ~ y cm
It shall be the function of the Board of Ethics to implement Code of Ethics as set
forth in this chapter. The duties of the Board of Ethics shall be:
A. To receive complaints of violations of Code of Ethics.
B. To hear and investigate complaints and transmit- the findings and
recommendations to the City Council.
C To render advisory opinions or interpretations with respect to the application of
the Code of Ethics and this chapter either on request or on its own initiative.
~-5~
conduct and to make such necessary and appropriate recommendations to the City
Council for the implementation of the Code of Ethics, as set forth in Chapter 2.01, and
amendments thereto, which may become necessary from time to time. The Soard of
Ethics will serve as a hearing body for violations of the Code of Ethics, as set forth in
Chapter 2.01, and shall render impartial and objective opinions and insure that those
Ordinance
Page 8
D. To propose revisions of this chapter or other City policies to assure its
continuing pertinence and effectiveness.
2.28.040 ~°'r °„a ° °' *~°"+w`°"+Powers of the Board of Ethics
nn.+n;rl° .,+:~.,, +rnn+.,-,°„+ .,.1...,r,+n « ~ r 1,° r,.-1 +1,.,+ .,,1,;.-.1,
> >
......b .w.., .~ ~...._. _......, a _~ _~, ~ ~~_...__., , y _~ _,..,~ ~__.. _., .., 3 _~ _, .. ~ r__.._ ...,_.,,
In order to carry out its duties, the Soard of Ethics is authorized to receive
complaints, conduct investigations upon complaints or information received, make
referrals to other governmental agencies re ag rdin~ unethical conduct, hold hearings"
swear witnesses, render advisorv opinions and adopt rules of procedure for the conduct of
its business
2.28.050 Membership.
„T,l;,. ~,,,.ln +l,rn„nl, .1;1;R°.,+ n„~l ;,,rl; n;n„n r„nr,nr,amo„+
R C~.-.°.-; T:.. Dr..1,;1-,;+; .~r,n (~;1-„ n~~n; nln /; r,nl„rl;v,n r, r.n; rT nnmm;nn;nv,l~nnr~ nrsr~
C
e
G~~a~I.iy+ ~F .:~+~i~~+ 1, . +t,~ .Tyv+r`~+ .,f+v .. f~iti .1 T, r, ~,- T:'n;r Unl:+;nnl_T?rnn+;nQn
'~ T! 1,..7: ,1 n°a .,4:.a°.-,+;.,1 .,~ nf;nr, -Fnr r,vrnnr,n_I_ ~in;n c.r__£n.,~ +l+ f'
ivr~iiv°-~°uiu yr
r.,l , „T,1:.. ,, .;,1°A ~ r L,., nrlm;r,;ntrn+:.,° ,. „1
° „+:,,r.n
G TAT '+, Ff v ~ ...7 ..f'...,° . .,f'+°r 1°...
° cccvr.~r
.:,,r. of-finQ nr ° .,1.....
::
,-.°.,+ nl,.,ll ~ r
., ... ..
j..,,~ . .........,.~....~ ....
> > >
g~-~ ~
Ordinance No.
Page 9
b
r,+rn n+
f n
.- +~.n c.n >
~o ^ rn~,nn >
o r,~ nn^an >
^r r.r^r~ori-cr > > >
ni k , n;+~ , ;r nr,
-~~ ~ r .~ r.~n. ,.v,or.4 ~-.., r ti
^ ,o .`r. +~,n r rs,r~ ^~ r.r l,a n r.n~ ~ n rn,i~+~n+ n ,~,ni~
7 ~ 7
7
' 7 1 . 1
~7. nr,a ~~~z moo. nra i~tn ~ i inti~,•_n ~o ~ i s~1
Z~c~rt. , T~-vm-rvTV--q-~v~, i-~aa~z~i-T
A. The Board of Ethics shall be composed of seven members, to be appointed in
accordance with Article VI of the City Charter, CVMC section 2.25, and this chapter.
Irregularities in the interview process set i'orth in Section 2.25.050, subdivision D, may
be brought to the attention of the Cit~Council.
B. No person shall be appointed as a member of the. Board of Ethics, or shall be
has been found to have committed a criminal violation of the Fair Political Practices Act,
or has a conflict of interest as defined in this chapter.
C. A "conflict of interest" for purposes of this section shall mean the following:
1. The applicant or an~of applicant's relatives is or has been an employee of or
sought employment from anLty Official subject to this chapter;
2. T'he a~~licant or an~of applicant's relatives is or has been supervised in an
employment setting by any City Official subject to this chapter;
any City Official subject to this chapter to an~public office (elected or
a ointed
4. The applicant has served in any capacity (including staff member, advisor,
volunteer or endorsement) opposing the election, selection, or appointment of
any Cit~Official subiect to this chapter to any public office (elected or
appointed); or
5. The applicant is related to any City Official subject to this Chapter.
D. This section is not retroactive.
2.28.060 "a,r:°^r<r ^ Meetings and Staffing.
~~~
Ordinance No.
Page 10
s . C~e~en~e~rld-be-g~~de~l-b<,~e~rren~~Lhen-g~~Zex-the
uu-v-rsvr`j~'~c~,•• •,,a•, /n,,~'?~ ^7~ (1~CL1
The Board of Ethics will hold meetings as set forth in Municipal Code section
2.25.200(A}~,2). The City Attorney or his or her appointed representative shall act as
secretary to the board. The secretary shall cause notice of the meetings of the board to be
2.28.070','~°^+~^~ ^~+''°'~^~~a ^~°+'~~°~Order of Business.
A. The following shall be the order of business for all meetings:
1. Roll call of members.
2. Reading of minutes of previous meeting.
3. Amendment or approval of minutes of previous meeting.
4. Consideration of matters continued fiom previous meeting.
amendments to the code of ethics of the city of Chula Vista.
7. Other business.
8. Oral communication.
The aforementioned order of business may be modified by an affirmative vote of the
Board of Ethics.
B. Items of business shall be placed on the agenda as set forth in Municipal Code
section 2.25.210(A,~
2.28.0 80~eAdvisor,~Opinions
V~111VJ Kllt1 X4111 V1111111 ViiLJ 111V1vLV.~ Y~allvaL •11H, VvvvlaLV aavvV VV a' as vaaa 1~1i+av ~v aaaiav. ar..v
1',~ ~+'.• r.~ ° +I-.n+ ~-H/~ Y°~ ~Si ~'HtC. I.KU.Y>+'_Gr /1~ n+^~~
.° r~v,tl'.. l1Hn n •t, [.11Y fl[)° !] nNh~./~M~1 .
~,..~ ,.,p,....7.,..~n,.~.7~.....,,....nip....»,.....,,,... ~.,._.__. ..~ ......, _-._...r.._. »_~ ....1.,1.:_.,i.,__.-_-v
irrivmze~~EE~2z-J'Y--~~~7"~~:
When a City Official has doubt as to the applicability of a provision of this
chapter to a particular situation, he or she may make a written inquiry to the Board of
Ethics for an advisory opinion. The purpose of the advisory opinion is to assist the City
Official in the task of iud~in~ themselves, so as to enable them to properl~y out their
~"` ~.~
Ordinance No.
Page 11
responsibilities as trustees in the public interest, and to conform their conduct to the Code
of Ethics. The City Official shall have the opportunity to present their interpretation of
the facts at issue and of the applicable provisions of this chapter before such advisory
opinion is rendered. The Board of Ethics may also, on its own initiative, issue advisory
minions re arding the interpretation or implementation of any_provision of this chapter.
2.28.090 r,,,+~°~ „r*'~~ "~~r~'.Complaints-Form, Referral to Other Enforcement Agency
and Requests for Confidentiality.
> >
tt,o ,.;~. ;i
E8£~t-~Af't~133~1:-~r~~~~~38
A. All complaints regarding violations of this chapter shall be in writing, identify
a t~erson subject to the Code of Ethics, contain a full allegation of facts that would
occurrence or when it should have been discovered with the exercise of reasonable
diligence. Justification for any delay in filing_complaints is the responsibility of the
complainant. For complaints concerning unethical patterns of behavior, such complaints
must be received by the Board of Ethics within 90 days of the most recent event
comprising the pattern of behavior complained of; or within 90 days of when the last
event should have been discovered with the exercise of reasonable diligence. The Board
of Ethics will in its discretion limit the pattern of behavior to those events the Board of
Ethics feels are proximately related in time to be a part of the same pattern of behavior.
B The Board may refer the matter to a local state, or federal enforcement agency
that ma~have jurisdiction over the matter at any stage of the proceedings and may hold
~° ~~
Ordinance N
Page 12
in abeyance Board action pending results of the referral. The Board of Ethics may, but is
not required to, resume Board action on the matter if it has been provided notice of
inaction by the agency_to whom the complaint was referred, the expiration of any
applicable statute of limitations, or inaction for more than one ey ar by the a ency to
whom the complaint was referred. Local, state and federal enforcement agencies include,
but are not limited to, the United States Attorney's Office, the California Attorney's
General's Office, the San Diego County District Attorney's Office, the San Diego County
Grand Jury, and the Fair Political Practices Commission (FPPC). If the Board learns of
misconduct during any stage of the proceedings, but the misconduct is not within the
~ecific prohibitions set forth in this chapter, the Board of Ethics may make a referral to
C. The name of the complainant shall be disclosed unless the complainant has
requested that their name be kept confidential and there is good cause to withhold such
name. Requests for confidentiality shall be addressed as follows:
1. To request that their name be kept confidential, the complainant must provide,
with their complaint, a detailed factual statement, sworn under penalty of perlury,
are not limited to:
a. The existence of an employer/employee or supervisor/subordinate relationship
Conclusionary or speculative statements of harm or retaliation are insufficient to
establish food cause.
business days being informed by the City Attorney s Oftce of a request for
confidentiality and after consideration of the request, determine if good cause
exists to withhold disclosure of the name. The Chair shall inform the complainant
of its decision within five business days.
3 If the decision is to denYthe request for confidentiali ,complainant shall have
five business days to withdraw their complaint. If complainant requests that the
~~~
c. Evidence of prior acts of retaliation or harm by respondent against
Ordinance No.
Page 13
complaint be withdrawn, the entire complaint shall be returned to complainant
and their complaint shall not be disclosed. The complaint and complainant's name
shall be not disclosed during this evaluation process.
2.28.1
> >
~}
A. The following procedures will be followed upon receipt of a complaint:
the complaint was received, the date of the next hearing in which the complaint
will be addressed, and which generally explains the procedures that will be
followed.
3. The subject ofthe complaint (hereinafter "Respondent") wilt be sent a letter
that provides notice that a complaint has been received naming them as the
subject, the date of the next hearing in which the complaint will be addressed, and
which eg nerally explains the procedures that will be followed. The Respondent
will also be sent a copy of the complaint with the letter. The complaint may be
redacted as provided for in 2.28.120, subdivision C, (related to confidentiality
re uests .
4. The Chair of the Board of Ethics shall be notified that a complaint has been
received. Notwithstanding any other time frames, the Chair ma_y set a special
meeting on the complaint.
5. A ,~reliininary review (hereinafter "Prima Facie Review") of the complaint will
complaint shall not discuss the complaint nor disclose the complaint to an~person
outside of the hearing.
2.28.110 .Complaint Procedures-Prima Facie Review.
A Tl 1-, ,1 mot, 11 t, .1 f' 1~. + ,1 ti ,1 ~+ „~.,']_£o
r~nzc-wcau-Jnurrvc~63~ s ccrc~rscv~cirz=r°c'r'r'ro crs-crprp' a~iirccc~o~=rri~cr~cv aric:ir yr-A
.1 ~+L,o ..++< ..f'('~l,,.l., \1:~+., T),-, ,-+~. n +l~~+ir.i~i+l~.zr_i+~. +.._.~«, .-.+ ., .-, +~
o~.orr.,~„~ «, .,o
.,,
'~„J (E7
Ordinance N
Page 14
> >
> >
~ ~
~1T °~~z-2~9~~z, '~°T
The Board of Ethics will conduct a prima facie review ("Prima Facie Review") of
may result in the following
1. The complaint is not in writin~e or is not made under penalty ofperjur~
2. The Respondent is not a City Official within the meaning of this chapter;
3. The complaint does not contain a full allegation of facts that would constitute a
violation of the specific prohibitions enumerated in this chapter;
4. The complaint restates other complaints containing essentially similar or
identical allegations that have already been disposed of, and the evidence
presented does not warrant reopening of the previous case;
5. The allegations contained in the complaint are already under investi atg ion by
the Board of Ethics;
6. The complaint consists of speculation, opinion, frivolous contentions, or absurd
accusations; or
7. The Board of Ethics determines other good cause requires dismissal. If the
dismissal is for this reason, the good cause must be set forth in the minutes of the
reliminarv review
q ~~7
Ordinance N
Page 15
Such letter is not a conclusive finding and is not intended to be evidence in any
enforcement action initiated by another agency.
B. [Prima Facie Showing Made-Further Action.] If the Board determines that a
prima facie showing has been made, then the Board shall determine the appro rp iate
course of action, including the following
1. The Board may request additional information from Complainant or the
such fact shall be reported to the Board. After this stage is complete, the matter
should be set for a probable cause hearing within 30 days.
2. The Board may create an ad hoc sub-committee comprised of one to three
4 The Board may set the matter for a~robable cause hearing. The Board shall
endeavor to set the probable cause hearing within 4S days of the prima facie
findin .
2.28.1201~4eeti~s~ Complaint Procedures-Probable Cause Hearin.
~,~2~0~ ~ i ~ i oQO~
The purpose of the probable cause hearing is to determine if there are facts and
circumstances of a reasonably trustworthy nature sufficient to justiiy a person of
q -~
the investigation is not completed within the 90 days, such fact shall be reported
to the Board. After this stage is complete the matter should be set for a probable
cause hearing within 30 dates.
3. The Board maYhire an individual from a list ofpre-qualified investigators to
conduct an investigation. This provision is subject to available funding. The
Ordinance
Page 16
vote of the maiority of the entire voting membership. The following_procedures shall be
followed in the conduct of a probable cause hearing:
A. Both parties shall be provided notice that the probable cause hearing has been
set.
B. The Complainant and Respondent shall be informed that they may lodge with
time frame indicated, the Board may, but is not required to, exclude such evidence. As
soon after receipt of such evidence by the Board, the Board should endeavor to provide
the opposing_party a copy thereof.
during any Board ordered investigation or request for information; and an other
be admitted into the probable cause hearing. The Board, in its discretion, may also
permit witnesses to testify. Witnesses maybe subject to cross-examination, as permitted
by the Board.
E. Soth parties may comment on the issue of probable cause, as permitted bathe
Brown Act.
F. If the Board determines that probable cause does not exist, the Board shall
dismiss the complaint.
G. If the Board determines that probable cause exists, the Board should set a
hearing on the merits within 45 days thereafter.
2.28.130 nr~°r „rl..,,n:,-,anr. Complaint Procedures-Hearing on the Merits.
TL, 1' 11 ,n ~h..11 1~~.+1~ .-.-1.~ ..i'1,~, onn f ill mAa+
A D,~ll .+.,11 .,fm~,.~hn,•a
T~ D.~.,fl; ~.i'm;h„+or~ nF.~.-o.~:n„o moo+;n_Q_
,- .,,~,,.,•n,
Tl (~n '.-1 +' Y mr,++o«n ...,r.+:r,,,n.l ~rnm r,
,,uab.
T., ~;. :.ao ..+; r~F„ nnmr,l ointo~.r__r~n,,on+n
r-r o~ u.,..,...,.
u'mcrnTrrrczrrsco cna, cvuc-vr~cn-tr.,., ,.,~ ....., „ .) .,~ ._...».,... .......,...
rr n+t, e,.l,,,n;,,onn
u n 1 ,...+;,,,, rn,.,l ~~o~ ~ 1 ~Qat
If probable cause is determined to exist by the Board, then the Board shall
conduct a hearing_on the merits ("Hearing on the Merits") as set forth herein.:
A Prior to the Hearing on the Merits the Board lnay request additional
information as set forth in section 2.28.140, subdivision B. The Board should set a date
by which a request for additional information should be completed.
~° ~~
Ordinance No.
Page 17
B. Both parties shall be provided notice of the Hearing on the Merits. The Board may
provide copies of materials upon which the complaint is based to either party.
G In the discretion of the Board, Complainant may present an opening and closing
D. In the discretion of the Board, the Respondent mawpresent an openingt and closing
statement present additional evidence and witnesses, including rebuttal evidence and
witnesses, and cross examine witnesses.
E. The Board may admit, but is not limited to, evidence provided at the Hearin og n the
Merits information provided with the complaint, information provided pursuant to
section 2.28.140 subdivision B, or subdivision A of this section, information provided at
the probable cause hearing, and any other evidence it determines should be considered.
F. The Hearing on the Merits is not a formal judicial proceeding, but the Board will
exercise control over the hearing to ensure that it is conducted in an orderlyand
expeditious manner. While the technical rules of evidence are not applicable and
hearsay is admissible, evidence that is admitted should bear an indicia of reliability.
2.28.140 Complaint Procedures-Decision After Hearing on the Merits.
The Board shall document its decision in a written statement of decision. A vote
of five board members is required to make a finding of misconduct. Each finding of
misconduct must be supported by a preponderance of the evidence. The statement of
A. Misconduct Found-Declaration of Misconduct.
If the Board makes a finding of misconduct, the statement of decision shall
contain and be labeled as such, a Declaration of Misconduct. The Declaration of
Misconduct shall detail the misconduct that has been found to be true and the supporting
evidence. The Declaration of Misconduct shall be a final decision on the merits and shall
misconduct including but not limited to the following: (1) a reprimand, censure, or
removal from office. The Declaration of Misconduct may also recommend remedial
actions to prevent misconduct in the future.
Government Code sections 3250 et.sect. fFirefi~hter Procedural Bill of Rights
Actl and 3300 et seq f Public Safety Officers Procedural Bill of Rights Actl provides
Council shall act as the body hearing any such appeal.
~~~~~
Ordinance No.
Page 18
B. No Misconduct Found-Declaration of No Misconduct.
If the Board makes a finding of no misconduct, the statement of decision shall
contain. and be labeled as such, a Declaration of No Misconduct. Tlie Declaration of No
Misconduct shall detail the basis for its finding.
2.28.150 ~'°•,~'~•^+ ^~',°~r:~R ,,,..^„ ^ ~'~+Conflicts.
A T T,-.."-~ r,+ ..~.. n:,mr,l.,:,~i H~ rmri+~~r, .~o~°~.nr:l.o.7 1... +L.o ....rl° .,4' °+L.:l.~. +l-.°
,.1. ,° +1, ° .M..,++°r
T-2 Tl~ ., ~+ n+° .~+: .,+:.. r ~~° +l,n ti,nnr~ c~n~~ {ir,~~T,n+ ns oa{7in` vi
~ ~~
~ v 7
2.26.170 in their official capacities. To this end, when a complaint involves a Board of
Ethics board member a councilmember (including the mayor) or the City Attorney, the
followingprocedures shall be followed:
B. If a complaint involves a councilmember, including the Mayor, then the named
councilmember shall recuse him or herself.
C If the complaint involves the City Attorney the City Attorney and his or her
counsel.
2.28.160 Disclosure of Board Records
The purpose of this section is to advance the public's interest under the Public
Records Act to access information concerning the conduct of Board in a mamler that will
not compromise the Board's abilit~to conduct effective and confidential investigations
into alleged violations of the City of Chula Vista's Code of Ethics. The Board and its
-~~
Ordinance
Page 19
staff shall not make public comments re ardin a pending matter until the Board has
made a final decision on the merits or until the matter is otherwise closed. The complaint
unless they fall within, but not limited to, the categories that follow:
A. Preliminary or draft memoranda, documents, or records not kept in the
ordinary course of business.
B. Personnel, medical, or other similar files, the disclosure of which would
constitute an unwarranted invasion of personal privacy.
C. Documents or records protected under any law (state or federal) related to
privilege.
D. Records exempt from disclosure under the California Public Records Act
Government Code section 6250 et.seq.).
E. Documents or records where the public interest against disclosure outweighs
privacy; or
3. The identity of a confidential source; or
4. Information, which, if disclosed, would create a credible risk of endan Bring
any individual; or
5. Inforn~ation, which, if disclosed, would endanger the successful completion of
an investigation where the prospect of enforcement proceedings is concrete and
definite.
2.28.170 Severabili
If anyprovision of this chapter, or the ap~~lication of an s~provision to any
person or circumstance shall be held invalid, the remainder of this chapter to the extent if
can be given effect or the application of those provisions to persons or circumstances
other than those as to which it is held invalid, shall not be affected thereby, and to this
end the provisions of this chapter are severable.
SECTION III: This ordinance shall take effect and be in full force on the thirtieth day
from and after its adoption.
SECTION 1V: Violations of Chapter 2.28 that occurred prior to the effective date of this
Ordinance, shall be subject to the provisions of Chapter 2.28 and/or Board of Ethics
policies or procedures in effect before the effective date of this Ordinance.
SECTIONV: The City Clerk is directed to publish this ordinance in accordance with the
City Charter and applicable state law.
q --~ ~.
Ordinance
Page 20
Presented by
Glen R. Googins
City Attorney
Approved as to form by
Glen R. Googins
City Attorney
~-~3
ATTACHMENT 4
ORDINANCE NO. 2013-
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADDING CHAPTER 2.01 [CODE OF ETHICS] TO THE CHULA VISTA
MUNICIPAL CODE AND AMENDING CIIAPTER 2.28. [BOARD OF
ETHICS], INCLUDING ADDING SECTIONS 2.28.160 THROUGH 2.28.170,
OF THE CHULA VISTA MUNICIPAL CODE
WHEREAS, Chapter 2.2'8 codified ethical standards for City Officials, created a
Board of Ethics, and provided the Board the authority to investigate and hear violations
of those standards; and.
WHEREAS, the Board of Ethics is charged with reviewing Chapter 2.28, to
propose revisions to ensure the Chapter's "continuing pertinence and effectiveness," and
the Board of Ethics has undertaken such review; and
WHEREAS, the Board of Ethics, in the course of such review, has sought, inter
aliu, to provide greater clarity of the ethical standards required of City Officials by
creating a Code of Ethics and to provide a streamlined hearing process to investigate
violations of those standards, codifying minimum due process protections; and
WHEREAS, the City desires to update Chapter 2.28, to ensure the Chapter's
continuing pertinence and effectiveness, by adding Chapter 2.01 [Code of Ethics] and
making specified amendments to Chapter 2.28 [Board of Ethics].
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
SF,CTION I: ACTION
Chapter 2.01 is added to the Chula Vista Municipal Code as follows:
Chapter 2.01
CODE OF ETHICS
Sections:
2.01.010 Establishment of Board of Ethics and Code of Ethics.
2.01.020 Application of the Code of Ethics.
2.01.030 Code of Ethics.
2.01.040 Severability.
2.01.010 Establishment of Board of Ethics and Code of Ethics.
Public office is a public trust and City Officials shall exercise their public duties
in a manner that preserves that trust. The public's trust can best be preserved if City
Officials adhere to a high standard of ethics that transcend the standards prescribed by
law. High ethical standards require that all City Officials understand, and avoid unethical
~~
Ordinance N
Page 2
behavior. Unethical behavior can develop in a variety of situations, but it occurs when
the public interest is not the sole and paramount interest in all actions conducted by all
City Officials. The purpose of this chapter is to encourage the highest standards of
behavior by City Officials, increase public confidence in City officials, to identify and
take appropriate action with respect to unethical behavior, and to assist City Officials
with decision-making in areas of ethical concern. Accordingly, the Code of Ethics is
hereby established.
2.01.020 Application of the Code of Ethics.
The Code of Ethics shall apply only to "City Officials." City Officials shall mean
members of the Chula Vista city council, including the Mayor, the City Manager, the
City Attorney, the City Clerk, board members and commissioners, Assistant City
Managers, City department heads, as well as to ex-City Officials who were subject to this
chapter. The Board of Ethics shall investigate violations of'the Code of Ethics as set
north in Chapter 2.28.
2.01.030 Code of Ethics.
The Code of Ethics is divided into two areas, Guiding Principles, as set forth in
subdivisions A and B, and Specific Prohibitions, as set forth in subdivision C. The
Guiding Principles are intended to provide a set of principles from which City Officials
can draw upon to assist them in conducting the public's business. As such, the Guiding
R•inciples are directory in nature and not subject to the complaint procedures set forth in
Sections 2.28.090 through 2.28.150. -The Specific Prohibitions are actions that City
Officials shall not engage in, and as such, are subject to the complaint procedures set
forth in Sections 2.28.090 through 2.28.150.
A. Guiding Principles. The public judges its government by the way City
Officials conduct themselves in the posts to which they are elected or appointed. All City
Officials should conduct themselves in a manner that will tend to preserve public
confidence in, and respect for, the government they represent. The purpose of these
Guiding Principles is to encourage the highest standards of behavior by City Officials,
transcending the standards required by law; increase public confidence in the City
Officials that serve the public; and assist City Officials with decision-making in areas of
ethical concern. City Officials, in the performance of their duties, should strive io adhere
to the following Guiding Principles:
1. City Officials are agents of public purpose and hold office for the benefit of
the public. As such, City Officials have a duty to act in the best interests of the public.
City Officials must strive to protect the public's resources through diligent and judicious
management.
2. City Officials should not engage in, permit, or condone fraud, but should be
proactive to identify fraud and seek to correct the causes that lead to the fraud. hraud in
public service inchides, but is not limited to, making a false or misleading representations
about a material fact or engaging in deceitful conduct.
3. City Officials should not engage in, permit, or condone waste, but should be
proactive to identify waste and seek to correct the causes that lead to the waste. Waste in
public service involves the extravagant, careless, or needless expenditure of city funds, or
~-~~
Ordinance No.
Page 3
the consumption of city property, that results from deficient practices, systems, controls,
or decisions.
4. City Officials should not engage in, permit, or condone abuse, but should be
proactive to identify abuse and seek to correct the causes that lead to the abuse. Abuse
involves the improper use of city resources, including abuse of position, authority, or
resources such as tolls, vehicles, or other city property.
5. City Officials must be loyal to the public they serve and should put the
public's interests above their personal interests.
6. City Officials must protect and enhance the image and reputation of the City.
7. City Officials must treat all citizens conducting business with the City with due
courtesy, efficiency, acid impartiality, and no one citizen shall receive special advantage.
8. City Officials must always be mindful of the public trust and confidence in the
exercise of their assigned duties and shall refuse to condone breaches of public trust or
improper attempts to influence the decision-malting process.
9. City Officials must always be mindfiil of conflict of interest laws and abide by
them.
l 0. City Officials must be aware of all their financial interests, thereby ensuring
that such financial interests do not influence their conduct or actions.
11. City Officials should avoid an appearance of a conflict of interests when
possible where a good faith determination has been made by the City Official that recusal
or abstention is appropriate.
12. City Officials are expected to abide by all local, state, and federal laws.
B. Additional Guiding Principles for Board of Ethics Members. In addition to the
Guiding Principles set forth in Section A, Board of Ethics members should adhere to the
following:
1. A Board of Ethics member that is a candidate for elected office should not engage
in political or campaign activity that is inconsistent with the independence,
integrity, or impartiality of the Board of Ethics, including, but not limited to,
commenting on complaints that have been before or may appear before the Board
of Ethics or endorsing another candidate for any elected office using their title as
current or forner Board of Ethics member. A reference by a Board of Ethics
member, in their own campaign materials, that they are or have been a member of
the Board of Ethics alone does not violate this guiding principle.
2. A Board of Ethics member should conduct their outside activities so as to
minimize the risk of conflicts with their duties as a Board of Ethics member.
3. A Board of Ethics member should perform their duties impartially. To
accomplish the aforementioned guiding principle,. a Board of Ethics member
should refrain from participating in a matter before the Board of Ethics when they
have a personnel interest in the matter or, outside of a Board of Ethics meeting,
have advocated, supported, or taken a position on that matter
C. Specific Prohibitions. It is prohibited and shall be deemed unethical for a City
Official to engage in one or more of the following actions:
`"~~'~
Ordinance No.
Page 4
1. Accept gifts, favors, or promises of future benefits, which might compromise or
tend to impair independence of judgment or action.
2. Use their official title ar position for personal gain. Personal gain includes, but
is not limited to situations, wherein a City Official solicits or accepts items of
value in consideration of Their official title or position. This section does not
include obtaining benefits that are otherwise authorized by law.
3. Divulge confidential information for personal gain or for the gain of associates
in a manner contrary to the public interest or in violation of any law.
4. Use or permit the use of City resources including but not limited to funds, seals
or logos, city time, personnel, supplies, equipment, identification cards/ badges or
facilities for unapproved non-city activities, except when available to the general
public, provided for by administrative regulations or policies, or approved by City
Council.
5. For current City officials, appear on behalf of the private interests of third
parties before the Council or any board, commission or proceeding of the city; nor
shall members of boards, commissions, and other advisory boards appear before
their own bodies or before the Council on behalf of the private interests of third
parties on matters related to the areas of service of their bodies, except for limited
exceptions, as provided for in Fair Political Practices Commission Regulations,
including 18702.4.
6. No Ex-City Official (not including former elected City Officials) for a period
of one-year after leaving office or employment shall, for compensation, act as an
agent or attorney for, or other otherwise represent, any other person by making
oral or written communication before any city administrative office or agency or
officer or employee thereof, if the appearance of communication is made for the
purpose of influencing any action or proceeding involving the issuance,
amendment, awarding, or revocation of a permit, license, grant, or contract for the
sale of purchase of goods or property.
7. No former member of the City Council, including the Mayor, shall be eligible
to appear as a compensated representative at any time before the Council, or any
commission, board, or city stall' in connection with any case or other matter with
which he/she personally participated while an official or employee of the city for
twelve (12) months following the date of separation from elected or appointed
office, except by permission of the City Council finding on four-fifths vote that
special identified and articulated circumstances exist, cast at a regular public
meeting taken after tl--e involved member of the City Council has left office. Such
special identified and articulated circumstances, include but are not limited to,
determinations that it is in the best interest of the City to permits such
representation, that the former councilmember, including the Mayor, is uiuquely
qualified to appear on the matter, or it is impractical to require another
representative to appear on the matter.
8. Endorse or recommend for compensation any commercial product or service in
the name oi'the city or in the employee's official capacity within the city without
prior approval by a city council policy.
9. Violate Government Code section 87100 related to financial interests and
governmental decisions made by them. if a complaint is filed with the Board of
~-~ ~.
Ordinance N
Page 5
Ethics alleging a violation of this subsection, the Board of Ethics recognizes that
the Fair Political Practices Commission ("FPPC") is the primary enforcement
authority of~the Political Reform Act and that their decisions should be given
great weight. As such, if a complaint is filed concurrently, then the Board of
Ethics may defer action on such allegation, as set forth in this chapter. If a
complaint is not tiled concurrently, the Board of Ethics may submit a complaint to
the FPPC and defer action tmtil such complaint is addressed by the FPPC. A
ruling on the merits by the FPPC may be accepted as a finding of the Board.
10. No City official shall coerce any of their subordinates or any other City
employee to participate in an election campaign, contribute to a candidate or
political committee, engage in any other political activity relating to a particular
party, candidate, or issue, or to refrain from engage in any lawful political
activity. A general statement encouraging another person to vote does not violate
this prohibition.
11. No City Official shall display campaign materials in any city owned vehicle
under their control and operated by that City Official. Campaigm materials
included, but are not limited to, bumper stickers, signs, or other similar items.
12. No City Official shall aid and abet another City Official to violate the
Specific Prohibitions enumerated in this subdivision nor shall they aid and abet
any person to engage in conduct that would constitute a violation of the Specific
Prohibitions enumerated in this sub-division on their behalf.
13. No City Official shall negotiate for employment with any person, firm, or
organization at the same time that aforementioned person, firm, or organization
has a matter pending before City Council, Board or Commission, or city
department and upon which the City Official must act or make a recommendation.
2.01.040 Severability.
If any provision of this chapter, or the application of any such provision to any
person or circumstance, shall be held invalid, the remainder of this chapter to the extent if
can be given effect, or the application of those provisions to persons or circumstances
other than those as to which it is held invalid, shall not be affected thereby, and to this
end the provisions of this chapter are severable.
[End]
C1lapter 2.2$ of the Chula Vista Municipal Code is amended, including the addition of
sections 2.28.160 and 2.28.170, as follows:
Chapter 2.28
BOARD OF >CTHICS*
Sections:
2.28.010 Establishment of the Board of Ethics.
2.28.020 Purpose.
~~
Ordinance No
Page 6
2.28.030 Function and Duties of the Board of Ethics.
2.20.040 Powers of the Board of Ethics.
2.28.050 Membership.
2.28.060 Meetings and Staffing.
2.28.070 Order of Business.
2.28.080 Advisory Opinions.
2.28.090 Complaints-Form, Referral to Other Enforcement Agency and Requests for
Confidentiality.
2.28.100 Complaint Procedures-Receipt of Complaint.
2.28.110 Complaint Procedures-Prima Facie Review.
2.28.120 Complaint Procedures-Probable Cause Hearing.
2.28.130 Complaint Procedures-Hearing on the Merits.
2.28.140 Complaint Procedures-Decision After Hearing on the Merits.
2.28.150 Conflicts.
2.28.160 Records.
2.28.170 Severability.
* For provisions of Charter law concerning appointive boards and commissions, see city
Charter ~ ~ 600 - 606.
2.28.010 Establishment of the Board of Ethics.
The Board of Ethics is hereby created. The provisions of Article VI of the Chula
Vista City Charter, Chula Vista Municipal Code sections 2.O1 and 2.25, and this chapter
shall govern the Board of Ethics.
2.28.020Purpose.
It is the purpose of the Board of Ethics to advise and make recommendations to
the City Council of the City of Chula Vista on all matters relating to potential unethical
conduct and to make such necessary and appropriate recommendations to the City
Council for the implementation of the Code of F_,thics, as set forth in Chapter 2.01, and
amendments thereto, which may become necessary from time to time. The Board of
Ethics will serve as a hearing body for violations of the Code of Ethics, as set forth in
Chapter 2.01, and shall render impartial and objective opinions and insure that those
covered by Code of Ethics are appropriately informed.
Members of the Board of Ethics should be aware that they are in a unique postion
of trust given their role under this chapter and as such must strive to avoid any
appearance of bias or partiality. Accordingly, they should be aware that their conduct
and actions will be scrutinized by the public at all times, but particularly during the
election cycle.
2.28.030 Function and Duties of the Board of Ethics.
It shall be the function of the Board of Ethics to implement Code of Ethics as set
forth in this chapter. The duties of the Board of Ethics shall be:
A. To receive complaints of violations of Code of Ethics.
q-7o
Ordinance No.
Page 7
B. To hear and investigate complaints and transmit the findings and
recommendations to the City Council.
C. To render advisory opinions or interpretations with respect to the application oi~
the Code of Ethics and this chapter, either on request or on its own initiative.
D. To propose revisions of this chapter or other City policies to assure its
continuing pertinence and effectiveness.
2.28.040 Powers of the Soard of Ethics.
In order to carry out its duties, the Board of Ethics is authorized to receive
complaints, conduct investigations upon complaints or information received, make
referrals to other governmental agencies regarding unethical conduct, hold hearings,
swear witnesses, render advisory opinions and adopt rules of procedure for the conduct of
1tS 1~LlSll12SS
2.28.050 Membership.
A. The Board of Ethics shall be composed of seven members, to be appointed in
accordance with Article VI of the City Charter, CVMC section 2.25, and this chapter.
Irregularities in the interview process set forth in Section 2.25.050, subdivision D, may
be brought to the attention of the City Council.
B. No person shall be appointed as a member of the Board of Ethics, or shall be
entitled to retain their membership, if he or she, within the past 10 years prior to the date
of appointment, has been convicted of any felony or a crime involving moral turpitude,
has been found to have corrunitted a criminal violation of the Fair Political Practices Act,
or has a conflict of interest as defined in this chapter.
C. A "conflict of interest" for purposes of this section shall mean the following:
1. The applicant or any of applicant's relatives is or has been an employee of or
sought employment from any City Official subject to this chapter;
2. The applicant or any of applicant's relatives is or has been supervised in an
employment setting by any City Official subject to this chapter;
3. The applicant has served in any capacity (include staff member, advisor,
volunteer, or endorsement) involving the election, selection, or appointment of
any City Official subject to this chapter to any public office (elected or
appointed);
4. 1'he applicant has served in any capacity (including staff member, advisor,
volunteer, or endorsement) opposing the election, selection, or appointment of
any City Official subject to this chapter to any public office (elected or
appointed); or
5. The applicant is related to any City Official subject to this Chapter.
D. This section is not retroactive.
2.28.060 Meetings. and Staffing.
The Board of Ethics will hold. meetings as set forth in Municipal Code section
2.25.200(A}(2). The City Attorney or his or her appointed representative shall act as
~~7~
Ordinance No.
Page 8
secretary to the board. The secretary shall cause notice of the 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.
2.28.070 Order of Business.
A. The following shall be the order of business for all meetings:
1. Roll call of members.
2. Reading of minutes of previous meeting.
3. Amendment or approval of minutes of previous meeting.
4. Consideration of matters continued from previous meeting.
5. Consideration of new complaints or requests.
6. Consideration of proposed or existing state legislation in the field of ethics and
amendments to the code of ethics of the city of Chula Vista.
7. Other business.
8. Oral commutucation.
The aforementioned order of business may be modified by an affirmative vote of the
Board of Ethics.
B. Items of business shall be placed on the agenda as set forth in Municipal Code
section 2.25.210(A).
2.28.080 Advisory Opinions.
When a City Official has doubt as to the applicability of a provision of this
chapter to a particular situation, he or she may make a written inquiry to the Board of
Ethics for an advisory opinion. The purpose of the advisory opinion is to assist the City
Official in the task of judging themselves, so as to enable them to properly carry out their
responsibilities as trustees in the public interest, and to conform their conduct to the Code
of Ethics. The City Off cial shall have the opportunity to present their interpretation oi'
the facts at issue and of the applicable provisions of this chapter before such advisory
opinion is rendered. The Board of Ethics may also, on its own initiative, issue advisory
opinions regarding the interpretation or implementation of any provision of this chapter.
2.28.090 Complaints-Form, Referral to Other Enforcement Agency and Requests
for Confidentiality.
A. All complaints regarding violations of this chapter shall be in writing, identify
a person subject to the Code of Ethics, contain a full allegation of facts that would
constitute a violation of the specific prohibitions enumerated in this chapter, and sworn
under penalty of perjury. All alleged violations must be submitted within 90 days of
occurrence or when it should have been discovered with the exercise of reasonable
diligence. Justification for any delay in filing complaints is the responsibility of the
complainant. For complaints concerning unethical patterns of behavior, such complaints
must be received by the Board of Ethics within 90 days of the most recent event
comprising the pattern of behavior complained of, or within 90 days of when the last
~~ ~~.
Ordinance N
Page 9
event should have been discovered with the exercise of reasonable diligence. The Board
of Ethics will, in its discretion, limit the pattern of behavior to those events the Board of
Ethics feels are proximately related in time to be a part of the same pattern of behavior.
B. The Board may refer the matter to a local, state, or i'ederal enforcement agency
that may have jurisdiction over the matter at any stage of the proceedings and may hold
in abeyance Board action pending results of the referral. "The Board of Ethics may, but is
not required to, resume Board action on the matter if it has been provided notice of
inaction by the agency to whom the complaint was referred, the expiration of any
applicable statute of limitations, or inaction for more than one year by the agency to
whom the complaint was referred. Local, state and federal enforcement agencies include,
but are not limited to, the United States Attorney's Office, the California Attorney's
General's Office, the San Diego County District Attorney's Office, the San Diego County
Grand Jury, and the Fair Political Practices Commission (FPPC). If the Board learns of
misconduct during any stage of the proceedings, but the misconduct is not within the
speciCc prohibitions set forth in this chapter, the Board of Ethics may make a referral to
the appropriate local, state, or federal enforcement agency that may jurisdictions over the
alleged misconduct.
C. The Hanle of the complainant shall be disclosed unless the complainant has
requested that their name be kept confidential and there is good cause to withhold such
name. Requests for confidentiality shall be addressed as follows:
1. To request that their name be kept confidential, the complainant must provide,
with their complaint, a detailed factual statement, sworn under penalty of perjury,
that they would suffer harm or retaliation if their name were to be disclosed.
Facts that may be considered to determine if good cause exists may include, but
are not limited to:
a. The existence of an employer/employee or supervisor/subordinate relationship
between respondent and complainant or the existence of such a relationship
between complainant's spouse or immediate relative(s) and respondent or
respondent's spouse or immediate relative;
b. Facts that show that complainant would be shunned, ostracized, or rebuked by
any organization or group to which they belong if disclosure if their name
were to be made public;
c. Evidence of prior acts of retaliation or harm by respondent against
complainant or any other person;
d. The existence of criminal convictions for crimes of violence by or the existing
of any restraining orders against respondent.
Conclusionary or speculative statements of harm or retaliation are insufficient to
establish good cause.
2. Upon a request for confidentiality, the Chair and two board members, chosen
by the Chair on a rotating basis, shall form an ad hoc sub-committee within two
'~ 7.~
Ordinance N
Page 10
business days being informed by the City Attorney's Office of a request f or
confidentiality and., after consideration of the request, determine if good cause
exists to withhold disclosure of the name. The Chair shall inform the complainant
of its decision within five business days.
3. If the decision is to deny the request for confidentiality, complainant shall have
five business days to withdraw their complaint. If complainant requests that the
complaint be withdrawn, the entire complaint shall be returned to complainant
and their complaint shall not be disclosed. The complaint and complainant's name
shall be not disclosed during this evaluation process.
4. Upon a finding of good cause by the ad hoc sub-comrrzittee foz-med under this
section, the name of the complainant shall be kept confidential unless and until a
finding of probable cause is made. The complaint shall also be redacted
accordingly.
2.28.100 Complaint Procedures-Receipt of Complaint.
A. The following procedures will be followed upon receipt of a complaint:
1. The complaint will be assigned a case number.
2. The complainant ("Complainant") will be sent a letter that provides notice that
the complaint was received, the date of the next hearing in which the complaint
will be addressed, and which generally explains the procedures that will be
followed.
3. The subject of the complaint (hereinafter "Respondent") will be sent a letter
that provides notice that a complaint has been received naming them as the
subject, the date of the next hearing in which the complaint will be addressed, and
which generally explains the procedures that will be followed. The Respondent
will also be sent a copy of the complaint with the letter. The complaint may be
redacted as provided for in 2.28.120, subdivision C, (related to confidentiality
requests).
4. The Chair of the Board of Ethics shall be notified that a complaint has been
received. Notwithstanding any other time frames, the Chair may set a special
meeting on the complaint.
5. A preliminary review (hereinafter "Prima Facie Review") of the complaint will
be set within 30 days of receipt of the complaint. If the complaint is received
within 90 days of a municipal election in which a City Official is a candidate, the
Prima Facie Review of the complaint will be set within 15 days of the receipt of
the complaint. The Chair and members shall be sent copies of the complaint for
their review prior to the hearing. The Chair and members receiving copies of the
complaint shall not discuss the complaint nor disclose the complaint to any person
outside of the hearing.
2.28.110 Complaint Procedures-Prima Facie Review.
The Board of Ethics will conduct a prima i'acie review ("Prima Facie Review") of
the complaint. The purpose of Prima Facie Review is to detez-znine if the complainant has
made a prima facie showing that the complaint complies with the requirements Sections
2.28.120, subdivision A, [Complaints-Form, Referral to Other Enforcement Agency, and
~~
Ordinance No.
Page 11
Request for Confidentiality] thereby establishing jurisdiction. A prima facie review
may result in the following:
A. [No Prima Facie Showing Made-Dismissal.] After completing the Prima Facie
Review, the Board may dismiss the complaint for any oi'the following reasons:
1. The complaint is not in writing or is not made under penalty of perjury;
2. The Respondent is not a City Official within the meaning of this chapter;
3. The complaint does not contain a full allegation of facts that would constitute a
violation of the specific prohibitions enumerated in this chapter;
4. The complaint restates other complaints containing essentially similar or
identical allegations that have already been disposed of, and the evidence
presented does not warrant reopening of the previous case;
5. The allegations contained in the complaint are already under investigation by
the Board of Ethics;
6. The complaint consists of speculation, opinion, frivolous contentions, or absurd
accusations; or
7. The Board of Ethics determines other good cause requires dismissal. If the
dismissal is for this reason, the good cause must be set forth in the minutes of the
preliminary review.
If the complaint is dismissed, the Board shall issue a letter to the Complainant and
Respondent as soon as possible, indicating the reason for the dismissal of the complaint.
Such letter is not a conclusive finding and is not intended to be evidence in any
enforcement action initiated by another agency.
B. [Prima Facie Showing Made-Further Action.] If the Board determines that a
prima facie showing has been made, then the Board shall determine the appropriate
course. of action, including the following:
1. The Board may request additional information fiom Complainant or the
Respondent. The Board shall endeavor to complete this action within 45 days
from the prima facie finding. If the information is not received within the 45 days,
such fact shall be reported to the Board. After this stage is complete, the matter
should be set for a probable cause hearing within 30 days.
2. The Board may create an ad hoc sub-committee comprised of one to three
board members to conduct further investigation. The ad hoc sub-committee shall
endeavor to complete its investigation within 90 days of the prima facie finding. If
the investigation is not completed within the 90 days, such fact shall be reported
to the Board. After this stage is complete the matter should be set far a probable
cause hearing within 30 days.
3. The Board may hire an individual from a list ofpre-qualified investigators to
conduct an investigation. This provision is subject to available funding. The
investigator shall endeavor to complete the investigation within 90 days of the
prima facie finding. if the investigation is not completed within the 90 days, such
fact shall be reported to the Board. After this stage is complete the matter should
be set for a probable cause hearing within 30 days.
~-~
Ordinance
Page 12
The Board of Ethics shall establish a written policy for the selection of pre-
qualified investigators. In determining qualifications, the Board of Ethics shall
consider, but is not limited to the following:
a. Prafessionallicensing;
b. Experience in conducting investigations;
c. Area or areas of expertise required for the investigation;
d. Available support staff;
e. Reasonable costs;
f. The Existence of conflicts of interest;
g. Proven ability to timely complete tasks.
4. The Board may set the matter for a probable cause hearing. The Board shall
endeavor to set the probable cause hearing within 45 days of the prima facie
finding.
2.28.120 Complaint Procedures-Probable Cause Hearing.
The purpose of the probable cause hearing is to determine if there are facts and
circumstances, of a reasonably trustworthy nature, sufficient to justify a person of
reasonable caution or prudence in the belief that a violation of the specific prohibitions
has occurred ("probable cause"). To fnd probable cause, there must be an affirmative
vote of the majority of the entire voting membership. The following procedures shall be
followed in the conduct of a probable cause hearing:
A. Both parties shall be provided notice that the probable cause hearing has been
set.
B. The Complainant and Respondent shall be informed that they may lodge with
the Board ten days before the hearing additional evidence and a statement on their behalf
for the Board's consideration. If such evidence is not provided to the Board within the
time frame indicated, the Board may, but is not required to, exclude such evidence. As
soon after receipt of such evidence by the Board, the Board should endeavor to provide
the opposing party a copy thereof.
C. At the hearing, the Board shall review, but is not limited to, the following: the
complaint, including any supporting documents, that was filed; information acquired
during any Board ordered investigation or request for information; and any other
documents or evidence provided to the Board before the probable cause hearing.
D. The Board, in its discretion, may permit additional documents or evidence to
be admitted into the probable cause hearing. The Board, in its discretion, may also
permit witnesses to testify. Witnesses maybe subject to cross-examination, as pei7nitted
by the Board.
E. Both parties may comment on the issue of probable cause, as permitted by the
Brawn Act.
F. If the Board determines that probable cause does not exist, the Board shall
dismiss the complaint.
G. If the Board determines that probable cause exists, the Board should set a
hearing on the merits within 45 days thereafter.
~j -7~
Ordinance No.
Page 13
2.28.130 Complaint Procedures-Hearing on the Merits.
If probable cause is determined to exist by the Board, then the Board shall
conduct a hearing on the merits ("Hearing on the Merits") as set forth herein:
A. Prior to the Hearing on the Merits, the Board may request additional
information as set forth in section 2.28.140, subdivision B. The Board should set a date
by which a request for additional information should be completed.
B. Both parties shall be provided notice of the I Iearing on the Merits. The Board may
provide copies of materials upon which the complaint is based to either party.
C, In the discretion of the Board, Complainant may present an opening and closing
statement, present additional evidence and witnesses, including rebuttal evidence and
witnesses, and cross examine witnesses.
D. In the discretion of the Board, the Respondent may. present an opening and closing
statement, present additional evidence and witnesses, including rebuttal evidence and
witnesses, and cross examine witnesses.
E. The Board may admit, but is not linuted to, evidence provided at the Hearing on the
Merits, information provided with the complaint, information provided pursuant to
section 2.28.140, subdivision B, or subdivision A of this section, information provided at
the probable cause hearing, and any other evidence it determines should be considered.
F. The Hearing on the Merits is not a formal judicial proceeding, but the Board will
exercise control over the hearing to ensure that it is conducted in an orderly and
expeditious manner. While the technical rules of evidence are not applicable and
hearsay is admissible, evidence that is admitted should bear an indicia of reliability.
2.28.140 Complaint Procedures-Decision After Hearing on the Merits.
The Board shall document its decision in a written statement of decision. A vote
of five board members is required to make a finding of misconduct. Each f nding of
misconduct must be supported by a preponderance of the evidence. The statement of
decision should be prepared expeditiously and shall be served upon both parties via
certified mail with a certificate of mailing.
A. Misconduct Found-Declaration of~ Misconduct.
If the Board makes a finding of misconduct, the statement of decision shall
contain, and be labeled as such, a Declaration of Misconduct. The Declaration of
Misconduct shall detail the misconduct that has been found to be true and the supporting
evidence. The Declaration of Misconduct shall be a final decision on the merits and shall
not be changed by the City Council. The Declaration of Misconduct may contain a
recommendation of sanctions against the City Official found. to have engaged in
misconduct, including, but not limited to, the following: (1) a reprimand, censure, or
9-7 ~
Ordinance No.
Page 14
removal from office. The Declaration of Misconduct may also recommend remedial
actions to prevent misconduct in the future.
Government Code sections 3250 et.seq. [Firefighter Procedural Bill of Rights
Act] and 3300 et.seq. [Public Safety Officers Procedural Bill of Rights Act] provides
appeal rights for the Police and Fire Chief. The Police and Fire Chief shall be provided
the appeal rights required under the aforementioned Government Code sections and City
Council shall act as the body hearing any such appeal.
B. No Misconduct Found-Declaration of No Misconduct.
If the Board makes a finding of no misconduct, the statement of decision shall
contain, and be labeled as such, a Declaration of No Misconduct. The Declaration of No
Misconduct shall detail the basis for its finding.
2.28.150 Conflicts.
City Officials subject to the Specific Prohibitions set forth in this chapter should
not participate in or influence the complaint process as set forth in Sections 2.28.120 to
2.26.170 in their official capacities. To this end, when a complaint involves a Board of
Ethics board member, a councilmember (including the mayor) or the City Attorley, the
following procedures shall be followed:
A. if a complaint involves a Board of Ethics board member, then the named
Board of Ethics board member shall recuse him or herself:
B. If a complaint involves a councilmember, including the Mayor, then the named
councilmember shall recuse him or herself.
C. If the complaint involves the City Attorney, the City Attorney and his or her
Office, shall recuse themselves. Outside counsel shall be appointed by the Board of
Ethics to advise the Board of Ethics regarding a complaint alleging misconduct by the
City Attorney. The Board of Ethics may establish procedures for the selection of such
counsel.
2.28.160 Disclosure of Board Records.
The purpose of this section is to advance the public's interest under the Public
Records Act to access information concerning the conduct of Board in a manner that will
not compromise the Board's ability to conduct effective and confidential investigations
into alleged violations of the City of Chula Vista's Code of Ethics. The Board and its
staff shall not make public comments regarding a pending matter until the Board has
made a final decision on the merits or until the matter is otherwise closed. The complaint
may be released to the public. The complaint may be redacted consistent with Section
2.28.120 (regarding requests for confidentiality). The Board may release its records
unless they fall within, but not limited to, the categories that follow:
A. Preliminary or draft memoranda, documents, or records not kept in the
ordinary course of business.
B. Personnel, medical, or other similar tiles, the disclosure of which would
constitute an unwarranted invasion of personal privacy.
~~~
Ordinance No.
Page l5
C. Documents or records protected under any law (state or federal) related to
privilege.
D. Records exempt from disclosure under the California Public Records Act
(Government Code section 6250 et.seq.).
E. Documents or records where the public interest against disclosure outweighs
the public interest served by disclosure. Such documents may include, but are notJimited
to, the following:
1. The names of juvenile witnesses; or
2. Personal or otherwise private information related or unrelated to the
investigation if the disclosure would constitute an unwarranted invasion of
privacy; or
3. The identity of a confidential source; or
4. Information, which, if disclosed, would create a credible risk of endangering
any individual; or
5. Information, which, if disclosed, would endanger the successful completion of
an investigation where the prospect of enforcement proceedings is concrete and
definite.
2.28.170 Severability.
If any provision of this chapter, or the application of any such provision to any
person or circumstance, shall be held invalid, the remainder of this chapter to the extent if
can be given effect, or the application of those provisions to persons or circumstances
other than those as to which it is held invalid, shall not be affected thereby, and to this
end the provisions of this chapter are severable.
SECTION III: This ordinance shall take effect and be in full force on the thirtieth day
from and after its adoption.
SECTION IV: Violations of Chapter 2.28 that occurred prior to the effective date of this
Ordinance, shall be subject to the provisions of Chapter 2.28 and/or Board of Ethics
policies or procedures in effect before the effective date of this Ordinance.
SECTIONV: The City Clerk is directed to publish this ordinance in accordance with the
City Charter and applicable state law.
Presented by
V
G en R. Googins
City Attarney
Approved as to form by
Glen R. Googins
City Attorney
°"" ~~
Ordinance No.
Page 7
~-1e.~r, mot'
9 ~z 3~i3
B. To hear and investigate complaints and transmit the findings and
recommendations to the City Council
C. To render advisory opinions or interpretations with respect to the application of
the Code of Ethics and this chapter, either on request or on its own initiative.
D. 1'o propose revisions of this chapter or other City policies to assure its
continuing pertinence and effectiveness.
2.28.040 Powers of the Board of Ethics.
In order to carry out its duties, the Board oP Ethics is authorized to receive
complaints, conduct im~estigations upon complaints or information received, make
referrals to other governmental agencies regarding unethical conduct, hold hearings,
swear witnesses, render advisory opinions and adopt rules of procedure for the conduct of
its business
2.28.050 Membership.
A. The Board of Ethics shall be composed of seven members, to be appointed in
accordance with Article VI of the City Charter, CVMC section 2.25, and this chapter.
Irregularities in the interview process set forth in Section 2.25.050, subdivision D, may
be brought to the attention of the City Council.
B. No person shall be appointed as a member of the Board of Ethics, or shall be
entitled to retain their membership, if he or she, within the past 10 years prior to the date
of appointment, has been convicted of any felony or a crime involving moral turpitude,
has been found to have committed a criminal violation of the Pair Political Practices Act,
or has a conflict of interest as defined in this chapter.
C. A "conflict of interest" for purposes of this section shall mean the following:
1. The applicant or any of applicants relatives is or has been an employee of or
sought employment from any City Official subject to this chapter;
2. The applicant or any of applicants relatives is or has been supervised in an
employment setting by any City Official subject to this chapter;
3. The applicant has served in any capacity (including staff member, advisor, or
volunteer) involving the election, selection, or appointment of any City Official
subject to this chapter to any public office (elected or appointed);
4. The applicant has served in any capacity (including staff member, advisor, or
volunteer) opposing the election, selection, or appointment of any City Official
subject to this chapter Yo any public office (elected or appointed); or
5. "('he applicant is related to any City Official subject to this Chapter.
D. This section is not retroactive.
2.28.060 Meetings and Staffing.
The Board of Ethics will hold meetings as set forth in Municipal Code section
2.25.200(A)(2). The City Attorney or his or her appointed representative shall act as
secretary to the board. The secretary shall cause notice of the meetings of the board to be
R¢V~S~ ~ Je
~-
M
t-
;~•
^ ^ ^
~~ ~ GV O
~ --
~ '~ -
00 ~~ ~
~~ ~ ~ ~O
D
D o
//~~ o
lS0 O O ~~ ~ D
~~ ~ ~ ~
O ° D ~ [1 0~4 ~` O
~ ~ ~
D D I~
O ~ O ~ o D
O Ilf~"7Iw''II 0
O r-q
o D O o
O 00 ~ ~o o Op
O O
O O ~ o O
D
y~ O
IN D ~ ~ ~~ O
O p ~
~ ~ ~ oo
~~ D O
D
o p O p~
0
Q ° o ~ ~ Q
D r~-'o~-` ~°
s:
~ ~°~
'.
0 0
0 0 ~ oo ~ ~
f~ o c
a~~ ~ o
D
D p
~' ° (~ o
0 0 ~ ~
°~~~~
~(/l~~GIS~ D
O U
D ~
D 0
o ~ ~~~
0
~~ ~~~
D ~D
D
ulJ
o o
D ~O
D
D
o
O
O
O ~
~~ D
O
o
b
0~ ~~
O "O
~~
D
O {
~ ~ 1
s
`t
z
~~
~_
t~
O ~ '(
f
po
O
O OO
O
o ~o
~~
O
D
D
O
o
p
O ~ o p
o ~
~ ~° 00 O ~~
~-~I o~ ~ o
~ o ~ ~ o p ~
O ~ ~ ~ p
O ~ ~ ~ p I%
o ~a~
~ o o
o ~ p ~°~~
~,
p ~o 0 o DD
v--`
O ~,
O o ~ ~ i~
0
o ~
'~~~ p ~ ~ L
o
p ~-,~ D c
n ~ D
O ~O n _
~ ° ~ t~
D
~~~ ~
0 o DOS, ~ C~
~ ~~ ~
00 ~ ~ ~ ~o
o ~ -
f~O ~o ~ ~ s
o ~ ~ ~ o xjr
~-n ~ ~
~ ~~=
~~~~
~ ~
~~r
D
0
0
ao 0
O
O
O
°~~~
0
~°
~~ ~~~
a~
~o
'~
D
O
~O
a a o 0
~~o ° ~~
~ ~~ ~~ao
o o °
° ~ O
D Cc~O ~_
~ O O U
O
0 111111```'""'''~~~~
~~ ~~~ o
0
~p ~ ~o
~ ~ ~ • ~i^ Cc~ o
o ~po
o O O- V O po
o ~p ~
~D
Q o ~ ~o lX~ ~ O
o c 0
o O ~o ~ o
~° o ~ ~ ~ O O
~ o ~o
~ pO o - V o
o ~ ~ ° ~
e o
°~ ~
o °
o Q o ~ O
O Q o
O~ ° o
np ~o O
?~ ~ ~ 0 0
vv"~.~~ NNE o
Qo
O
O ~ ~
p0 ~ o
Q ~ e
O Imo ~po
0
~ ~~
O ~
a
,_s
.:~
1
D D D `'
~ ~~ ~.
~ ~ D
~~ ~ O ~ O ~
O o f~r~+A~~o ~ o ~ {QOp1,,
o I~ D ~° ~ ~
° ~ Q~ ~ ~ o alp
D ~ p
O ~ ~ D
O
p ~ p D D o
~ ~~~~
O ~ D ~
D ~ ~ p.
a o 0 o O
~ ~~'``
C~ ~ O'
O~ O ~ o
~o~ 0~0
~ ~ ~ ~o ~
D~
o ~ ~ ° ~ o 0
a° ~ ~ ~ ~~
o p~ ~ ~
O o ;
o D ~ O `viJ
O ~ C~ ° O
o O
lJ ~ ° ~ j~5
p Q O n
~ ~ ~ Lul ~~
D ~ v "'
a ~~~ ..
o
D
D
O - v °
D ~^^
~ ~G
~ ~ D
D ~ ~° ~ ~ ~.
~~~ ~~
~o
°~ ~'~
o a
~ n oo D a
a O ~, a ° ~'
~~ ~ o ~
D ~ Q ~ a ~?~
o
o ~ o D (v~6~ ~,
p O VGA
D e
D • O
D D
~~~° D
O
~ D
0 0
d
p D
a~ ~ ~ o
D
O /~ l`
O~ (f
D
~ O
~ -_=.
o ~~
} 3
mot`, >.. ~.- ' tt%. P~...
o
0 0
0 0
O ~
0
-
o -
0
e
0
0
o a
v °
o ~ ~ -
o Qo ~ o
- o - e n
~ o 0
0
0
- o o p
0
o ~ Q°
~o
O ~ O ~
o
^\ ~ `ti
~1J ~ ~
o ~o o r~o °
O O Q o
~ o ~ o
O Q O O Q O
~ ~ ~
~o
o ~ ~ ~ ° ~~ ~
0
0
o S, C~' ~o o ~ ~
O O
~° ~ Via,, ~ °° ~O
~o v ~ °
o e
o ~ O ° O
~ o
~ o ~ ~ ~ O o
° ~ • ~ ~ !o 0
O °
° vo
.. ~o o °
~ ~ o o ~o
0
Z
~
r'
' , !I.
. rac..
d:
aka' .'.tie'.
ufr~~
~! ~
D C
00 ~ Q ~ O ^ ~ 00
p ~ ISIJ o
p _LJ O
nOn^ o a ° ~ ~ n~n^^ o
VU Q O ~ ~ D VU C
C D O C ~~~
C~ D
n CN O ~ D~ o o ~~~
~~ ~ o~~ o
~~ ~ ~
p
o ~ D
~~ ~ ~
~ DO
~ ~ ~
0
o
o
.~ ..
.o 0 0 0 .Q
~ o ,o 00 ~
0 0 ~~
o p
o~
~~ ~ e
~ a
~ ~ °~
. o
,~
o ~~ ~ g. ~~
g ~ ~o
o ~~ e
. ~ o
~ ~ ~o .
0 0
~ ~
O O
O ~ ISO D
~ ~ D 00
D O
~ O
D ~ ~ O ~ ~
D ~ Q O D ~ _
~o ~ ~
O D
o
D
D
D
O
Q O
0
O
~O
D
O
\/ ~ ~~ 4
0
O v f~ o ~i ~ ~ o ~
~ o
O ~ ~ > ~ ~ o O
~AWWJ e p • ~ ~
~ O , ~ CO7 O
~ c ~ c ~ ,
~ , O > O , s
O ~ ~
O ~ O ~ 00 ~ O
~ ~ s ~D w
O
.~~ ~ O
O ~ o
Qo 0
^ o
O
0
c
D~
a~
y
1 ~Vv
0
° °° ~ ~
00
O O
4 ~ O
o
Qo ~
o O
vv ~
O
0 0
~ Qo
Qo
o~ e
~~
e
Qo
O
~ Qo
o r~-o
_ Q c y~ ° P
V "~,n
~o o ~
O~s ~ ~0 ~ ~
l1v D ~O
00 ~ Qo O
a O
O o 0
0
O Q~ o 0
o 4° n
o
~ • D ~
~ ~ o~
0
0
0
o~
0
n c 0
O
e o ~
0~
~ o
o ~ e e
~°
p~
O O
e p
O p
1 ~ ~
1
1 ~ QD
O O ~ O
O o (~ ,'~
~ ~Y'~ --
e
O
0
po
~~
e
O
A
O
s ,~
p u ~
Qo
~-e3
O
0
0
I
O ~
0
Qo e
(~ Q o
IG~j I
0
n ~i
~ I
1
o
e
s
0 a
Qo ~
O ~ 1'_
~n
a O },
1 (~~
i
((I O O
O O 1~~
O
s r;
1'_+- ~~. s
o L~ ~5l'J
b
C ~ i _
0 0
~ f~;
0 0 `r ~: o
o ~ , «'
(` ~.
~ \~ 4
Il] ~
{ ~ I^v
1~
p
o ^_ o
~ (15 0
f-, .
s
O y~^
~~ lU
i- r~
475 ~ o
~ l? ~~- o
_ t-'
~- ~~_
O
f=~' ~
i__ ~`' e
~ i^ '
('l ~~
~_~
O ''
r- ~
i- .
i. O
C~ (^?.
O (-' ~-.
~ ifs
f=
i-z
~`- -~ _ O
1 1~_
~ l~5
c-~-
O
1~
~ ~ tt
(~~ 1_
fr (ii 4-y77
° ^5 0
Q(((®®®(((o~~~~~1 r .
~` I
~'"~ O 1-
o ~
O
O O
~~
p
O
O
0
o
0
O
0
o C
a~ ~ ~
p c
c ':
0 0
0 0 J7
~ U o C
00 °
0~
s I^
Q°
O
~o
0
lMJ
rl /1 ~ O
~~~o e o
n e
o ° ~ °6 •
o
o ~° o
oo
~~o
o e
° ~ ~°
.o
o n
o ~
o
o
0
o ~ o
e ~
o
O°~
o Q
0 0
o ~ o ~
~ ~ ~~ ~ o
0
o
e
v °
e ~ ~ O a o e o
o O
Cam? - ° ~ o
n o 0
~ ~ ~ ~ e
0 0 ~ c
O
e
o
0 0 0
o
~ O
o ~O
~ ~
O ,
D
o ~ ~o
t°J ~ > ~
0 0
3"' ~ o ~ ~ o
o 0
0 0
O
_:~ .j.
V V
pp
o
o
~~
~ o
O e i,
o
O '(t~
0
1
~a o
~c
0 4
n Qo
0
p o ~C
O
o p~
D O
O
o O
po
i(r~O~~j
D
0 0 0
~ Q ~o
0 0 ~ ~~ O
D~, ~° ~ ~ ~
D ~ O~ ~ n
o ~ ~ a~ ~~'~~77
O D ~ a o ~
° ~ O
III~~~ 0 o U ° (~
O 0~~-' o ~ ° (~ o
D C~ O ~-_,
~-`~ ~~ ~ O
~_ D D
~,, O
U
O p
• O ~ O D
O ~1
o
D p ^ • i ~.
o ~ ~ 150 ~ Q
fGnl_..• O
a~ ~ ~ o
00 °
o ~ ~
a a o
~ ~ o
D ~ ~ ~ o
D ~ ~ Q ~
~ ~~ O 0~ D
~.-' O
~~ ~ ~ ~~ ~
o ~ a
o ~~ a
~ ~ ~~
~D p
\`J ~ O
D
,. 1R a'~
A~ i
#._ 4 ~
J
~ 4; ~
o O O
0
0
D
O ~ ° ~ Do
o Q ~ ~~ O~
'~ o~~ boo ~o
~ °o o ~ ~ ~
~ ~~~ ~~
C~ o
0
o O
o p ~o 0
0
~ D
D
O e
~lJ O
~o ~ o
~~o~'
0
G~
D ~~
~(~yy)
A~~VVV ~ x
° o
a~
[[[o
D
O n
00 (r-il
O
O
~ o e ~ ~ G-,l O
O L:J
o ~ ~ '
~~'~~~ °~
~~~oo~~
ooaa~ ~ ~o
e
~ °
n o 0~
~ n
o e
O o
Qo
~ OO o
D O
O O D
/~ ~ O
~O 1~' ~ O
O
O O
^ a
p ~
~~ ~ ,
,~~~~~]ooa~ ~
O p O ~ ~ ~0
~ O ' ~° O ~ Q o p ~ Qo p
e
~~~ ~~ne o o~ o ~~ ~
~ ' ~V ~ ~ o 0
~ ~~~
o.
~ ~ ~°
p ~O O
l'.K~ ~ e ~ p O~~-7~~ , v
~p p O 6~ ~ O O 0
O O O O ~ 1~ C
~ ~~ ~
v ~~II
o L~7 n d
~ o p O
d O~ ° Qo
O ~p °~p ~'
o ~ o
o n ~
~ o
D O
° o ,~ 00 ~ p Q o
~'~" DO
O ~
e o p
lV~ ~ ' p
O ~ ~
~ ~ ~ Q o ~o
p ~~~rrr~~~??? ~ O
° °~ n o ~J
p O o
O ~ D
~ ~ ~
f~ u e
((~~6611 e
O e ~ > f~ -^
o p
e
g~
~j~~ °
l'XJp
Q ~-e~'
,~-~?
O ~
0
o
O
~O
0
o
0
e ^s
a~
00
,_ it ~ ~~`
=1%s
~~ ,~1
p0 ° ° ~ ~ ~ ov o ~ D
° e `^?) o °
e ~ ~ o ° o
~ ° ~~ ~e ~
° ~ n
lSU ° ° ~ ° D ,~-~!
° O o~ ~ ~ O ~11J
° ~ ~ O ~ ~ e ° :, ~..
o ° ° ° ~o~ ~ o ° ~ n a
o ° ~ ~~
c
O O ° O ~ ~o ~ o ~ ~° i s
o I o o i
~~ Sao ~ ~~~~
o ° o e e o ~S
~ ~
~ ° ~ ~ ~ v
°~ o 0 0 ~ °
~? ~ O^v ~ ~
OI nh °~ L=~o~ ° O ..
° l4~ ~ ~ ~ ~
e
o ~~''
o
~ ~~,
c$-'
^ ~,
7 ~ ~
~ ~ oo ~° ~
v ~ O
~ O
O `/Cv~
e
~ D D D D
Q ° ~ ~ ~.
~ ~ ~'
D
o~ ~
r~ o #e
~ ~, o ~
o • ~ o0
0
~o~ ~~ oo
~' ~
o ~ ~ .,
~ ~ o ~~--o
D ~
e o ~ o p`
~~DD a oo ~ ~,
• Lv~J D O r ri 00 ~1^
O .:` ';
~ ~, ~ Oo
o ~
~ ~ ~ ~~
D
~ ~ a
D D
p
0
° ° e
Q° ~ °
D D O ~ ,~,
D (~ ~ C _ },
lFi:~~ 9,
e ~ O
0 0 0 0
:~,
.~~
O~O~o ~ ~~
0
D
~~ ~ ~~ o D
°~ ~
~o o ~
e o ° ~ ~ Q
~ n ° ~ M;
v n c ~
I~~5 ° S
O ° (~o~` ~ Cn~ k
O ~ ~o ~ ~o ~ ~ o~S
D ~V~)~
~ ~ OQ ~ ~ ~ ~ ~ V?
/~~J\)
O
O ~ ~ ,} C
O ~
~'
o ~ O ~v III ~ l~/~ :.
O o ~ o e lI:::KK~JJ
°° O o ~a ~°
o o ~ ~-~
~ o ~
O ~V `.~' e O n -
IVSIJ ~ O
o n ~
o ~°
o ~ ~ o
o
o -
o ~
~ ~ o ~~ rte-'
o ' rs
D
~~~/~~ ~ s
~I ~ O r ¢n
O v:
~'
23,st