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HomeMy WebLinkAbout2011-10-13 BOE Ad Hoc PacketNOTICE OF SPECIAL MEETING OF AD HOC COMMITTEE OF THE BOARD OF ETHICS CITY OF CHULA VISTA, CALIFORNIA NOTICE IS HEREBY GIVEN THAT THE AD HOC COMMITTEE OF THE BOARD OF ETHICS OF THE CITY OF CHULA VISTA WILL MEET IN SPECIAL SESSION ON THURSDAY, OCTOBER 13, 2011 AT 4:00 P.M. IN THE EXECUTIVE CONFERENCE ROOM, LOCATED AT CITY HALL, 276 FOURTH AVENUE, CHULA VISTA, CALIFORNIA, TO CONSIDER THE FOLLOWING: Roll Call. 2. Review of Chapter 2.28, including Changes Directed by City Council, and Referral to Board of Ethics of Draft Changes. 3. Public Comments - This is an opportunity for the general public to address the Board of Ethics on any subject matter that is not an agenda item. 4. Members' Comments. 5. Staff Comments. Joyce alv u ecretary The City of Chula Vista, in complying with the American With Disabilities Act, request individuals who require special accommodations to access, attend and/or participate in a City meeting, activity or service request such accommodation at least forty-eight (48) hours in advance for meetings and five (5) days for scheduled services and activities. Please contact Legal Assistant Joyce Malveaux for specific information at (619) 691-5037 or Telecommunications Devices for the Deaf (TDD) at (619) 476-5357. California Relay Service is also available for the hearing impaired. At the discretion of the Board, all items appearing on this agenda, whether or not expressly listed for action, may be deliberated and may be subject to action by the Board. All public records relating to an agenda item on this agenda are available for public inspection at the time the record is distributed to all, or a majority of all, members of the Board. Such records shall be available at the Office of the City Attorney located at 276 4`h Avenue, Chula Vista, California. Notice Dated: 10/11/11 THE CHULA VISTA BOARD OF ETHICS IS COMMITTED TO HONOR THE PUBLIC TRUST BY PROMOTING ETHICAL VALUES AND MONITORING ETHICAL STANDARDS IN ALL ASPECTS OF CITY GOVERNMENT I C�n;)r;�t31''.r i,lndQ3r �t0il<iity C31 ,t5rjury tnFl/ aen onu),oYaw (;ity ill"',.Iv, le 1 t ''i 1:' � ti •'`' , � i2l1 tt1� �aiii�tii and 0' SUMMARY OF AUGUST 9, 2011 CITY COUNCIL ACTION AND DIRECTION 1. City Council edits to proposed 2.28: • 2.28.030(A)(12) [page 3] • 2.28.030(b)(2) [page 3-4] • 2.28.060(A) [page 6] • 2.28.060(D) [page 6] • 2.28.120(C)(2) [page 8] • 2.28.170(B) [page 12] • 2.28.180(C) [page 12] 2. City Council items to draft and add: • 2.28.080: o Develop qualifications to serve on BOE and disqualifications (see e.g. redistricting commission) • 2.28.120(C): o Develop criteria which shows good cause • 2.28.140(B)(3) o Develop criteria or policy for selection of pre -qualified investigators 3. City Council items to research and make recommendations: 2.28.120(A): o Include language that requires all parties that participated in preparation of complaint to sign onto/or be listed into the complaint Can language be added to address persons who simply file meritless complaints and simultaneously have a press release regarding the complaint, the sole purpose of which is to abuse the complaint process and to create a negative impression about the respondent. Role of City Attorney DRAFT BOARD OF ETHICS Campaign Contribution Enforcement Authority Selection Process Policy Amendments to Chapter 2.52 (Campaign Contribution Ordinance) assigned to the Board of Ethics the role of selecting the Campaign Contribution Enforcement Authority Attorney (Enforcement Authority Attorney) to investigate and prosecute violations of that Chapter. This policy sets forth the procedures to be followed in the selection of a panel of attorneys to serve the Enforcement Authority Attorney. The procedures are as follows: 1. [Development of Professional Criteria and Solicitation] The City Attorney's Office and the Board of Ethics shall work together to develop professional criteria to establish minimum qualifications to serve as an Enforcement Authority Attorney. Professional criteria may include, but are not limited to, the following: a. Member of the California Bar in good standing for a minimum of ten consecutive years; b. Experience in general municipal or public entity law; c. Experience in some criminal investigation or prosecution establishing an understanding of the role of investigator/prosecutor; d. Experience in civil litigation establishing an understanding of the rules of civil procedure and of the local courts; e. Experience in or advising elected officials in their capacity as public servants; f. Establishment of a local office or ability to provide services in San Diego County; and g. Reasonable fees structure to assure cost effective investigations and prosecutions. The City Attorneys Office, using the established professional criteria, would solicit applications from interested outside counsel by providing a public announcement for applications. The announcement and request for applications would be contained in the following: (1) The official City internet website; (2) the San Diego County Bar Association official publication; (3) various legal periodicals and newspapers including the San Diego Daily Transcript and the Los Angeles Daily Reporter. In addition, direct referrals from members of the San Diego County Bar Association would be solicited. 2. [Interview and Selection of Enforcement Authority Panel] The list of attorney applicants (`candidates) would be forwarded to the Board of Ethics for its independent consideration. From the list, the Board of Ethics may select those candidates it wishes to interview for the final panel. Interview questions would be developed by the Board of Ethics and designed to identify those most qualified and independent. After interviews, to be conducted in public, the Board of Ethics would choose, in its sole discretion, at least three, and up to five attorneys for placement on the panel. 3. [Assignment of Specific Panel Enforcement Attorney] After formal establishment of the`Enforcement Authority Paner by the Board of Ethics, the names of those attorneys on the panel would be forwarded to the City Attorney and the City. Attorney would hire these attorneys to be on standby service. In the event of a complaint being received under the Campaign Contribution Ordinance, the City Attorneys Office would by random process (the drawing of names/rotation assignment) assign a specific panel attorney to investigate/prosecute the matter. Per the Municipal Code, the City Attorney would not participate in the investigation or prosecution of the complaint by the selected panel attorney.