HomeMy WebLinkAbout2012-04-18 Board of EthicsNOTICE OF MEETING
OF
BOARD OF ETHICS
CITY OF CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT THE BOARD OF ETHICS OF
THE CITY OF CHULA VISTA WILL MEET IN REGULAR SESSION
ON WEDNESDAY, APRIL 18, 2012 AT 3:30 P.M. IN CITY COUNCIL
CONFERENCE ROOM 101, LOCATED AT CITY HALL, 276
FOURTH AVENUE, CHULA VISTA, CALIFORNIA, TO CONSIDER
THE FOLLOWING:
Roll Call.
2. Approval of Minutes: November 16, 2011; January 19,2012; March 1, 2012;
March 15, 2012; and March 23, 2012.
3. Discussion and action (including approval) regarding proposed amendments
to Chula Vista Municipal Code Chapter 2.28 (Board of Ethics) and creation of
Chapter 2.01 (Code of Ethics) to be placed in the Chula Vista Municipal
Code, including consideration of direction by City Council and
recommendations by the Board of Ethics Ad Hoc Committee.
4. Resolution of the Board of Ethics approving changes to start time and
location of regular Board of Ethics meetings.
5. 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.
6. Members' Comments.
7. Staff Comments.r
Joyc14 K#alau Secreta
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"' Avenue, Chula
Vista, California.
Notice Dated: 04/12/12 1 declaro under penalty of penury that I am employed by
the City of Chula Vista in the Office of the City Attorney
THE CHULA VISTA BOARD OF E1ffl*k h4 *@qmwhoft4e bulletin board at
PUBLIC TRUST BY PROMOTINGWTaHg* N" pfa AMp ymilm "ct requirements,
ETHICAL STANDARDS IN ALL ASPEC4T OF CITY GOVERNMENT
J `
Dated:�Sign--L
AD HOC COMMITTEE ADDITIONAL RECOMMENDATIONS REGARDING
COUNCIL DIRECTION ON CHAPTER 2.28
1. Adding back actual conflict language.
Recommendation: After a review of 2.02.130A 10 and 11, the Ad Hoc Committee
concludes that the requirement that a City Official should recuse themselves when there
is an actual conflict is already addressed in section 2.02.130A.
2. Language regarding Councilmember appearances before Boards and
Commissions.
Recommendation: add the following:
2.01.030
A.13 The City values the ability of Boards and Commissions to provide an honest, .
forthright, learned, and independent advice to the City, thereby fostering greater public
input into the conduct of City government. Accordingly, 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, and independent advice
to the City and therefore City Officials should avoid such actions.
3. Initiate Investigation.
Recommendation: add the following:
2.28. 100 C Board Referral For Investigation.
1. [Referral.] If the Board of Ethics learns of possible misconduct, the Board of Ethics
may refer the matter to Investigating Attorney to investigate the matter upon an
affirmative vote of five Boardmembers.
2. [Selection/Investigation.] Attorneys assigned as Investigating Attorney's in this
chapter shall be selected in the same manner as the Enforcement Authority is selected for
Chapter 2.52. Upon referral by the Board of Ethics, the Investigating Attorney shall
investigate the matter within 90 days of referral by the Board of Ethics.
3. [Filing of Complaint.] If the Investigating Attorney believes that a violation has
occurred he may file a complaint based on information and belief and shall be considered
a complainant for purposes of this chapter and shall be subject to section 2.28. 100
through 2.28.150.
4. [No filing of Complaint.] If the Investigating Attorney does not file a complaint, the
Investigating Attorney shall report the basis and decision not to file a complaint.
4. Question regarding situations where complainant files a "meritless complaint and has a
news conference at the same time" for the purpose of saying the City Official has had
complaints filed against them.
The question presents a myriad of issues. First, in terms of holding a press conference
about the complaint, any ordinance language that would require the dismissal of the
complaint if a press conference were to be held would chill speech. As a result, it may
run afoul the First Amendment. Second, holding a press conference when filing a
complaint, does not necessarily reflect on the merits of a complaint. Instead, the real
issue is the merits of the complaint. The Ordinance as presented by the BOE has a
progressive review of the complaint where meritless complaints are dismissed as the
earliest stage possible and provides for a full vetting of complaints with merits. As a
result, the BOE believes the review process addresses the concerns of the aforementioned
question.
5. Question regarding the requirement that all persons who assisted in the
Preparation of the complaint be listed in the complaint.
Issues:
The term participate is overbroad. How much assistance in preparation
constitutes participation. Assistance can be as minimal as asking another "what
do you think?" to conducting a complete investigation.
Requiring that participants be listed may be unenforceable. What kind of proof
would be required and how would it be acquired.
Such language may have a chilling effect in terms of speech and implicate the
First Amendment in terms of the right to privacy and association.
[End 10/27/11]
RESOLUTION NO. 2012 -
RESOLUTION. OF THE BOARD OF ETHICS APPROVING
CHANGES TO THE START TIME AND LOCATION OF
REGULAR BOARD OF ETHICS MEETINGS
WHEREAS, the Board of Ethics is tasked with hearing complaints involving ethics
violations delineated in Chapter 2.28 of the Chula Vista Municipal Code; and
WHEREAS, the Board of Ethics currently starts its regular meetings at 3:30 pm and has
used the City's Executive Conference Room to hold such meetings; and
WHEREAS, the Board of Ethics desires to improve public access to its meetings by
starting its meetings at a time when the public can better attend such meetings and in a location
more easily accessible to them.
NOW, THEREFORE, THE BOARD OF ETHICS OF THE CITY OF CHULA VISTA,
HEREBY DOES RESOLVE as follows:
1. That the regular start time for Board of Ethics meetings shall be 5:15 pm.
2. That the Board of Ethics desires to use City Council Room 101 located at City Hall,
276 Fourth Avenue, Chula Vista, California, when available for use, as the location
for its regular meetings. If City Council Room 101 is not available, City Staff is
requested to locate another appropriate venue.
Presented by:
�A7-t� _',
Glen R. Googins
City Attorney
Approved as to form by:
Glen k. Googins
City Attorney
ORDINANCE NO. 2011 -
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 CHAPTER 2.28 [BOARD OF ETHICS] OSE
14ULA VISTA MUNICIPAL CODE AND—, INCLUDING
ADDING SECTIONS 2.28.4-6010 THROUGH 2.28.2-00170, OF
THE CHULA VISTA MUNICIPAL CODETE
WHEREAS, Chapter 2.28 codified ethical standards for City Officials, created a Board
of Ethics, and provided 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 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:
SECTION 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
Ordinance No.
Page 2
standard of ethics that transcend the standards prescribed by law. High ethical standards require
that all City Officials understand, and avoid unethical 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 b all 1 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
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 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 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 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 2.28.120 through 2.28.170 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 2.28.120 through 2.28.170
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 to adhere to the followingGuiding uidin Principles:
1. City Officials are agents of public purpose and hold office for the benefit of theup blic
As such, City Officials have a duty to act in the best interests of the public
2. City Officials must strive to protect the public's resources through diligent and judicious
management.
3. 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 misleadingrepresentations about
a material fact or engaging in deceitful conduct.
4. 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
Ordinance No.
Page 3
service involves the extravagant, careless, or needless expenditure of city funds or the
consumption of city property, that results from deficient practices systems controls or
decisions.
5. 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_
6. City Officials must be loyal to the public they serve and should put the public's interests
above their personal interests.
7. City Officials must protect and enhance the image and reputation of the City.
8. City Officials must treat all citizens conducting business with the City with due courtesy1
efficiency, and impartiality, and no one citizen shall receive special advantage.
9. 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-making_ process.
10. City Officials must always be mindful of conflict of interest laws and abide by them.
11. City Officials must be aware of all their financial interests, thereby ensuring that such
financial interests do not influence their conduct or actions.
12. 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.
13. City Officials are expected to abide by all local, state and federal laws.
B. Specific Prohibitions. It is prohibited and shall be deemed unethical for a City Official to
engage in one or more of the following actions:
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 or position for personal 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.
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 theeg neral public provided for
by administrative regulations or policies, or approved by City Council.
5. 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 Regulation 18702.4.
6. No Ex -City Officer (not including a former mayor or councilmember) 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
Ordinance No.
Page 4
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 propertL.
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 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 (12) months
following the date of separation from elected or appointed office, except by permission of
the Citv Council finding on four-fifths vote that special identified and articulated
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,
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 the name
of 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 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 beig'ven 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,
engage in any other political activi1y relatingto o a particular party, candidate, or issue or
to refrain from engage in any lawful political activitygeneral 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. Campaign 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.
Ordinance No.
Page 5
2.01,040 Severabili
If any provision of this chapter, or the application of ansuch provision to any person or
circumstance, shall be held invalid, the remainder of this chapter to the extent if can beig ven
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 II ACTION
Chapter 2.28 of the Chula Vista Municipal Code is amended, including the addition of sections,
as follows:
•HIMI• • _ • . • .
2.28.010 >~ stablisl,,nent of
2.28 .020 Applieation of the
2.28.030 Cede efEA ies
2.28.040 Creation e f the Board
2.28.050 Ase.
2.28.060 Duties of the Beard
2.20.070 Powers efthe Board
2.28.080 Or-gai4zatien.
2.28.090 Meetings
2.28.100 Order- of Business-.
2.28:120 Gemplain4s Fenn,
2.28. 150 v
2.28.160 C,,.,,.,1aint n,eeedur-es
2 28 1 70 Complaint Preeed„
Board of E- hies and Code of Et ies
Cede e f Ethics.
of Et1 :, .,
ef Ethics-.
ofEt :,,,
Referra4to Other Enfer-E ge
ua„ri„g e the 1,, a fit
De After- Heat:., ,. +t, Merits.
ney, and Requests fe-
• r
2.28.180 Genf iets
2.28.190 Reeer-ds.
2.28.200 Sever -ability.
For pfavisions of Charter law
2.28.010 Establishment of Board
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)intive bewds and commissiens, see
of Ethics and Code of Ethk-s-.
city Charter- §§ 600 .
preserves that trust. The publie's trust
standard of ethics that tr-anseend the
that .,11 C:+<. Offiei is under -stand,
ean best be preserved if City Offieials
standards pr-eser-ibed by !a . High ethieal
and a -void unethiez'i1-behayier. Uaethieal
adher-e to a gh
standards require
be1hayivi-ean develop
Ordinance No.
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Ordinance No.
Page 9
BOARD OF ETHICS
2.01.010 Creation of the Board of Ethics.
2.28.020 Purpose.
2.28.030 Duties of the Board of Ethics.
2.20.040 Powers of the Board of Ethics.
2.28.050 Organization.
2.28.060 Meetings.
2.28.070 Order of Business.
2.28.080 Advisoly 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.
2.28.0410 Creation of the Board of Ethics.
A Board of Ethics shame is hereby created. The provisions of Article VI of the City Charter,
CVMC sections 2.01 and 2.25, and this Chapter shall govern this Board. and appoint
aeeerdanee with Seetion 600 of the eity of Chula Vista Charter- and in the manner- set fbi4h in this
ehapten'-�'�� § 4, 1989).
2.28.0-520 Purpose and Intent.
It is the purpose of this Board of Ethics advise and make recommendations to the eCity
c -Council of the c -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 c -Code of eEthics and amendments thereto, which may become necessary
from time to time. The Board of Ethics will serve as a hearing body for violations of this
the Code of Ethics, as set forth in Chapter 2.0 1, and shall render impartial and objective opinions
and insure that those covered by this-ehepter 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.
AELMIM
BOARD OF ETHICS
2.01.010 Creation of the Board of Ethics.
2.28.020 Purpose.
2.28.030 Duties of the Board of Ethics.
2.20.040 Powers of the Board of Ethics.
2.28.050 Organization.
2.28.060 Meetings.
2.28.070 Order of Business.
2.28.080 Advisoly 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.
2.28.0410 Creation of the Board of Ethics.
A Board of Ethics shame is hereby created. The provisions of Article VI of the City Charter,
CVMC sections 2.01 and 2.25, and this Chapter shall govern this Board. and appoint
aeeerdanee with Seetion 600 of the eity of Chula Vista Charter- and in the manner- set fbi4h in this
ehapten'-�'�� § 4, 1989).
2.28.0-520 Purpose and Intent.
It is the purpose of this Board of Ethics advise and make recommendations to the eCity
c -Council of the c -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 c -Code of eEthics and amendments thereto, which may become necessary
from time to time. The Board of Ethics will serve as a hearing body for violations of this
the Code of Ethics, as set forth in Chapter 2.0 1, and shall render impartial and objective opinions
and insure that those covered by this-ehepter 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.
Ordinance No.
Page 10
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.
(Ord. 2297 § 1, 1989).
2.28.0630 Functions and Duties of the Board of Ethies.
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 shall be:
A. To receive or initiate omplaints of violations of this ehapter 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
Ethcs and this chapter, either on request or on its own initiative.
D. To propose revisions of the Code of Ethics and this chapter to assure its -their continuing
pertinence and effectiveness. (Ord. 2297 § 1, 1989).
2.28.0-740 Powers of the Board 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 its business. (Ord. 2297 § 1, 1989).
2.28.085 Membership.
A. 1. A. -The Board of Ethics shall be composed of seven members, to be appointed bythe City
Gouneil for ^ terra fur of years, ribe.7 by the of the eit in accordance with
Vi four
Article VI of the City Charter, CVMC and the -„•'��^�^^� ^ca^ ^�+� + r v +
1114,.111 V12J 441 V 4.LV Vl W1V Vll' Vl�
Members for the Board of Ethies shall be appoia4ed in the manner as set forth in Chula Vist
Munieipal Code section 2.25.050, subdivision r,, 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.
2. 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, or -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.
3. A conflict of interest shall mean the following
i. 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;
Ordinance No.
Page 11
ii. The applicant or anv of applicant's relatives is or has bee
,supervised in an employment setting by any City Official subject to
this chapter;
iii. The applicant has served in any cEacity (include staff member,
advisor, volunteer, or endorsement) involving the election, selection,
or appointment of anv City Official subject to this chapter to any
public office (elected or appointed),
iv. 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
V. The applicant is related to any City Official subject to this Chapter;
2.28.060 Staffing Q -
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 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. (Ord. 2778 § 1, 1999; Ord. 2630 § 1, 1995; Ord. 2297 § 1,
1989).
2.28.0-960 Meetings.
The Board of Ethics will hold meetings as set forth in Municipal Code section 2.25.200(A)(2).
2.28.100070 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 communication.
The aforementioned order of business may be modified by an affirmative vote of the Board of
Ethics.
Ordinance No.
Page 12
B. Items of business shall be placed on the agenda as set forth in Municipal Code section
2.25.210(A). (Ord. 2297 § 1, 1989).
2.28.440080 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 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 opinions regarding the
interpretation or implementation of any provision of this chapter.
2.28.440090 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 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 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 specific 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.
Ordinance No.
Page 13
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. a. 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.
b. Facts that may be considered to determine if good cause exists may include, but are not
limited to:
i. 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;
ii. 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;
iii. Evidence of prior acts of retaliation or harm by respondent against
complainant or any other person;
iv. 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 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.
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 -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.
2.28.1300 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.
Ordinance No.
Page 14
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.
2.28.1410 Complaint -Prima Facie Review.
The Board of Ethics will conduct a prima facie review ("Prima Facie Review") of the complaint.
The purpose of Prima Facie Review is to determine 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 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 of 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.
Ordinance No.
Page 15
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 from 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 for a probable cause
hearing within 30 days.
3. a. The Board may hire an individual from a list of pre -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.
b. The Board of Ethics shall establish a written nolicv for the selection of pre-
qualified investigators. In determininaqualifications, 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.
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.
2.28.1-520 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 find
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.
Ordinance No.
Page 16
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 may be subject 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
complaint.
G. If the Board determines that probable cause exists, the Board should set a hearing on the
merits within 45 days thereafter.
2.28.1360 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 Hearing 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 limited 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.
2.28.14-70 Complaint Procedures -Decision After Hearing on the Merits.
Ordinance No.
Page 17
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 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 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. Even though no ..duet is f ,.,,a if f ets have been revealed an
then, in a separate aefien,
the Board may rveefiunend
rvfnedW ,,e liens to the City r,,,,nei f appropriate .,e lien.
2.28.1580 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 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 Office, shall
recuse themselves. Outside counsel shall be appointed by the Board of Ethics to advise the
Ordinance No.
Page 18
Board of Ethics regarding the -a complaint alleging misconduct by the City Attorney. The Board
of Ethics may establish procedures for the selection of such counsel.
2.28.1690 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 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 the public
interest served by disclosure. Such documents may include, but are not limited 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.
2.28.17020 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 I1IV: 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.
Ordinance No.
Page 19
SECTION4VV: The City Clerk is directed to publish this ordinance in accordance with the City
Charter and applicable state law.
Presented by
Glen R. Googins
City Attorney
Approved as to form by
Glen R. Googins
City Attorney
AD HOC COMMITTEE ADDITIONAL RECOMMENDATIONS REGARDING
COUNCIL DIRECTION ON CHAPTER 2.28
1. Adding back actual conflict language.
Recommendation: After a review of 2.02.130A 10 and 11, the Ad Hoc Committee
concludes that the requirement that a City Official should recuse themselves when there
is an actual conflict is already addressed in section 2.02.130A.
2. Language regarding Councilmember appearances before Boards and
Commissions.
Recommendation: add the following:
2.01.030
A.13 The City values the ability of Boards and Commissions to provide an honest,
forthright, learned, and independent advice to the City, thereby fostering greater public
input into the conduct of City government. Accordingly, 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, and independent advice
to the City and therefore City Officials should avoid such actions.
3. Initiate Investigation.
Recommendation: add the following:
2.28. 100 C Board Referral For Investigation.
1. [Referral.] If the Board of Ethics learns of possible misconduct, the Board of Ethics
may refer the matter to Investigating Attorney to investigate the matter upon an
affirmative vote of five Boardmembers.
2. [Selection/Investigation.] Attorneys assigned as Investigating Attorney's in this
chapter shall be selected in the same manner as the Enforcement Authority is selected for
Chapter 2.52. Upon referral by the Board of Ethics, the Investigating Attorney shall
investigate the matter within 90 days of referral by the Board of Ethics.
3. [Filing of Complaint.] If the Investigating Attorney believes that a violation has
occurred he may file a complaint based on information and belief and shall be considered
a complainant for purposes of this chapter and shall be subject to section 2.28. 100
through 2.28.150.
4. [No filing of Complaint.] If the Investigating Attorney does not file a complaint, the
Investigating Attorney shall report the basis and decision not to file a complaint.
4. Question regarding situations where complainant files a "meritless complaint and has a
news conference at the same time" for the purpose of saying the City Official has had
complaints filed against them.
The question presents a myriad of issues. First, in terms of holding a press conference
about the complaint, any ordinance language that would require the dismissal of the
complaint if a press conference were to be held would chill speech. As a result, it may
run afoul the First Amendment. Second, holding a press conference when filing a
complaint, does not necessarily reflect on the merits of a complaint. Instead, the real
issue is the merits of the complaint. The Ordinance as presented by the BOE has a
progressive review of the complaint where meritless complaints are dismissed as the
earliest stage possible and provides for a full vetting of complaints with merits. As a
result, the BOE believes the review process addresses the concerns of the aforementioned
question.
5. Ouestion regarding the requirement that all persons who assisted in the
preparation of the complaint be listed in the complaint.
Issues:
• The term participate is overbroad. How much assistance in preparation
constitutes participation. Assistance can be as minimal as asking another "what
do you think?" to conducting a complete investigation.
• Requiring that participants be listed may be unenforceable. What kind of proof
would be required and how would it be acquired.
• Such language may have a chilling effect in terms of speech and implicate the
First Amendment in terms of the right to privacy and association.
[End 10/27/11]
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
ORDINANCE NO. 2011 -
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
WHEREAS, Chapter 2.28 codified ethical standards for City Officials, created a Board
of Ethics, and provided 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 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.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
SECTION I: ACTION
Chapter 2.28 of the Chula Vista Municipal Code is amended, including the addition of
sections, as follows:
BOARD OF ETHICS AND CODE OF ETHICS*
Sections:
2.28.010 Establishment of Board of Ethics and Code of Ethics.
2.28.020 Application of the Code of Ethics.
2.28.030 Code of Ethics.
2.28.040 Creation of the Board of Ethics.
2.28.050 Purpose.
2.28.060 Duties of the Board of Ethics.
2.20.070 Powers of the Board of Ethics.
2.28.080 Organization.
2.28.090 Meetings.
2.28. 100 Order of Business.
2.28.110 Advisory Opinions.
2.28.120 Complaints -Form, Referral to Other Enforcement Agency, and Requests for
Confidentiality.
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Ordinance No.
Page 3
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 to 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.
2. City Officials must strive to protect the publids resources through diligent and judicious
management.
3. 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.
4. 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 the
consumption of city property, that results from deficient practices, systems, controls, or
decisions.
5. 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.
6. City Officials must be loyal to the public they serve and should put the public's interests
above their personal interests.
7. City Officials must protect and enhance the image and reputation of the City.
8. 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.
9. 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-making process.
10. City Officials must always be mindful of conflict of interest laws and abide by them.
11. City Officials must be aware of all their financial interests, thereby ensuring that such
financial interests do not influence their conduct or actions.
12. City Officials should avoid an appearance of a conflict of interests when possible:
However, they should be mindful that reeusal or abstention should be reserved for- a0wal
eonfliets oz where a good faith determination has been made by the City Official that
recusal or abstention is appropriate.
13. City. Officials are expected to abide by all local, state, and federal laws.
B. Specific Prohibitions. It is prohibited and shall be deemed unethical for a City Official to
engage in one or more of the following actions:
1. Accept gifts, favors, or promises of future benefits, which might compromise or tend to
impair independence of judgment or action.
preog aga. `ffilua.xmouoo paiu jou si jiTTIduuoo t, jI •jajdugo seta ut qvqj has st, `uotat,130119
guns uo uoROB za�ap �uuu so gjEj jo put,og oqj uogj `XIluounouoo path si jutt,iduuoo
t, di `gons sV •ag2joM It,aa uantO oq pings suotstoap gagj jugj put, jov uuoja-j It,ot1ttod
oqj jo )�4taogpnu luauuaojoitro X nutud olp at (D IJA) uoisstuuuuO0 saotIot,.ud It,oia.iiod
att,3 aq1 pqj sortu$ooau sonpg jo pnog oqj `uotaoosgns sniff �o uoY�t,lotA t, 2ut2atit,
soupy jo preog oqj qj!m pain si juretdumo t, jI -Lump Aq opt,ut suotstoap It,auauuuzano2
put,sIsaaalut It,iouuutu OT paWtau 001L8 110113as apoa Juautuxan00 aautotA '6t
•Xotiod uounoo f410 u
Xq It,noaddt, loud InoigyA Oto otp uWtA f4touduo Iutot,Uo spoXotduuo oqj ut Jo X44!0 aq4 jo
aumu aqa. ut aoinxas zo jonpoud tutoxauuutoo Sut, uotausuadutoo uoj puoun uooau uo asaopug• 826
•.za pw agg uo naddu 01 antaujuasaadaa
.zagaouu agnbaz of teotjot,aduut si j! .xo `joumu olR uo moddt, oa pautlunb XIanbnm
st `iOKvW oT11 Outpniow `uaquuou:gjounoo aauuoj aip vagI `uOtauluosaadaa gotns siluuod
of AjjD oqj jo Isaualut asoq oqj ui si IT jt,gi suotat,umuualap `01 palimii IOU On inq opntout
4sam4sumouo palutnolIn put, pautauopt It,toods gonS •aotUo ajai sug Iiouno0 S410 OT
jo xaquuauu pantonut oT jolp uojvj 2utaaaut otjgnd zjaw t, it, Ist,o 'isixa saout,isumom
paauinotan put, pauiauopi Iutoads jugj aa.on stWij-moj uo 2utpuu ItounoD )41D OT
jo uoissnzuuod Aq jdaoxo `ootgo paautoddu zo paaoata uuouj uolimedos jo aaup zip OutMo110i
sgRuouu (Z 1) antann4 zod oto aqj jo aafotduuo io It,toUjo ut, altgnn pa�t,dtotInd XI1u11osaad
aqs/aq go.gm qjy� jaa4t,uu zagao .zo ast,o xuu jpyA uoj oouuoo uc js A410 .to `pnoq
`uoissiumoo Kuu xo `ItounoD oqj azojaq ouuta Xut, au ant1t,auasaxcIaa paat,suaduuoo t, Sr
. 0t, & of a1gt2iio oq Itt,gs `xoXuW oqj &gpnioui 1Iiouno0 Xj 0 otR jo Toquuauu aauuOJ oN•L9
Xatadoad xo spoo2 jo ost,gound jo acus zip ioj im4wo .10 `IuuJ2 `asuaotl `11111aad
U j0 11011t,oOn0x JO 12utpnmu `luouzpuoum `aout,nsst agp 2utntonut 2utpaaooid uo uotaot,
Xut, ftouaniiu. jo asodmd aqj aoj opLm st uotauonmutuuoo jo aouuat,oddu oqa jT `joaaagI
aaXotduuo zo xaoujo xo Aouo5t, xo aot•,Uo ant�uu smnupt, f4Io Mut, azojaq uoiat,otunuuutoo
uol4jim ao It,ao 2uplt,uu Aq uos od aaga.o fmu `Iuosazdw osu uagjo aagpo .uo `aoj �iauuont,
uo luai3t, uu st, luta `uolpsuoduuoo zoo `bugs jumAotduuo ao aouJo 5utnt,ai .lout mox-ouo
jo potaad t, ioj (uaqutaugjounoo ao iokatu aauuoi t, 2utpn10111 IOU) .100WO f4ta-xg oN•9�
'VZOL81 uot1t,in-9aZi uotssnuuu0D
saotlot,ud Iuotaziod .uuj ut ioj popinozd su `suotadooxo pajnuti Ioi }dooxa `satpoq
aiagj jo aotnaas jo stom ag1 of paautax siogeui uo sataat,d pin �o sasa�aaui oaunuad aga
jo jTugoq uo IiounoD agp ajojog ao soipoq unmo utag� auojaq moddu spxeoq faostnpt, J0190
puu °suotsstuuuuoo `spauoq do sxaquuouu Bugs iou `f4jo otp jo 2utpaaooad zo uoissmawo
`pmoq Rut,ao pounoo agp azojaq sataxsd pa tty do s�sazaaut Olt nud oql jo jIugaq uo moddV'•S
•Itouno0 f4jD Kq panozddu zo `satottod ao suoiTeIn2ax antTuua.stuiuupt, Sq
J0J papinoud `otignd Ivioua2 oqj of atquiit,nu uoyA }daoxo `sat�inxaot, f410-11011 ponozddt,un
.ioj sQTTM m uo so2puq /spauo uotit,ouguopi `juauudmbo `satiddns `Iauuosaad `auuta Aito
`so2oi ao sluas `spun] o} paliuuit jou inq gm
pniout saomosaz ,iaiD jo asn age aiuzuad ao asn {
nAt,i ,cut, jo uoi}t,iotn U1.10 asaaalui oilgnd otR oa Xm4uoo aaumuu
L, ui salt,toossu jo u-moT aoj o um2 t,uosiad zoj uott,uojuIt,iauapuuoo 02InntQ fii
•uopisod uo mail Iuiou3o aiagI
jo uot�t,uapisuoo ui ontun Jo suua1i s}to>1os It,toWo Ufa 0 t, uta.Tagm `suojjm14!s of paInu?I
jou si anq `sopniout =2 It,uoszad •uum2 Iuuosaad uoj uot}isod zo atjta It,toujo nag} asll'Z=€
.
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Ordinance No.
Page 5
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.
4440. 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.
4-2-.11. No City Official shall display campaign materials in any city owned vehicle under
their control and operated by that City Official. Campaign materials included, but are not
limited to, bumper stickers, signs, or other similar items.
4-3-: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.
44:13. No City Oficial 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.
2.28.040 Creation of the Board of Ethics.
A Board of Ethics shall be created and appointed in accordance with Section 600 of the city of
Chula Vista Charter and in the manner set forth in this chapter. (Ord. 2297 § 1, 1989).
2.28.050 Purpose.
It is the purpose of this Board of Ethics 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 ethics and amendments thereto, which may become necessary from time to time. The
Board of Ethics will serve as a hearing body for violations of this chapter and shall render
impartial and objective opinions and insure that those covered by this chapter 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.
(Ord. 2297 § 1, 1989).
2.28.060 Duties of the Board of Ethics.
It shall be the function of the Board of Ethics to implement this chapter. The duties of the Board
shall be:
•Ouijaaui snoinaxdjo salnuiuujo 2uipuaZl .Z
•sxaquuaui jo Iiuo llox 'I
:sSuiauu IIu xoj ssouisnq jo xapxo agg oq hugs Butmolloj oqj •V
•ssauisnq jo aapaO 001'8Z'Z
(Z)(H)OOZ'SZ'Z uoiloos opoO ludioiu w uI q:poj jos su sOulpow plog 11?M soigpg jo pxuog agZ
•stuWOW 060'8Z'Z
'(6861 `1 § L6ZZ
TJO `•9661 `1 § 0£9Z TJO `•6661 `I § 8LLZ TJO) •pxsoq oqj axojaq ssoutsnq i3utnuq suosxad pun
saaquuaux IIn o1 s.�?ui}aaui IIu jo ooilou uoj4" paxmbax puu aluudoxddu aniO oslu Iings Xxulaxoas
agI pajnqu�sip pun idol oq ol pxuoq oip jo s5uiaui ox jo ooilou osnuo llugs A nioioos oqZ
pxuoq oqj o} Xmaioos sn fou Iings anijnjuasaxdaa pajuioddu xag xo siq xo XoIuojv A4i0 Qu •0
'061'SZ•Z put' 081'9Z'Z suoRaas apo0 IudtoiunW ut TJOJ Ias
su satjnp xYagp uuo�xad pun uosogo oq hugs sotipg jo pxuog aqR xoi xrego-aoin u put, xlugo agZ g
-joy sooilouxd I9011110d xiu3 aqI JO uoiIuloin luuiuiuo u p31.1uRUOO anuq ol punoj
uaaq suq xo opn4idim Inxom Ouinlonui ounio u xo Suolaj Auu jo pajoinuoo uaaq suq `juouuutoddn
jo a1up age ol xoud sanaA 0 jsud age uiipyA `oqs xo oq ji `diilsxaquuauu xtag� urejax ol paptlua
og hugs xo `sonpg jo pxuog oip jo xagwo-Lu u su paluioddu oq,iuui uosxad otq •I ounoO ,,4iO age
jo uotjuaj4u agp ol lggnoxq oq Kuui `Q uoisinipgns `O90'9Z-Z uol oaS ul gaxoj jos ss000xd mainxajui
a R ui saijpulnSouj •Q uoisintpgns `OSO'9Z'Z uolloos opo0 IudiotunW Mstd, uingO ui xpoj
has su aauuuuu aqp ui paluioddn oq Iings son pg jo panog oql xoj sxaquiay�I nasi ulnqD o bio aqg
jo opoo ludioiunui aqp put, xalregO bio oTp jo suoisinoxd aqj Xq poquosaxd su `smof, xnoj jo UU01
u xoj ItounoO f4jD oqj Aq palutoddu sxaquiauu uanas Jo posoduuoo oq hugs soaRg jo pxuog aqZ •y
•uol}1gztuu2aO 080'8Z'Z
'(6861 `1 § L6ZZ 'pjO) •ssouisnq sil jo jonpuoo oql ioj amp000xd jo solnx jdopn puu
suopgdo faostnpu xapuax `sassau YA.Manns `s8uLmoq ploq `jonpuoo Iuoiqlaun ButpxuOw soiouo&
IuIuauuuxan02 xagRo 01 sluxxa3ax a?Inui `paniaoax uoiInuixo�iui xo s�: Iduuoo uodn suoi�u& oAui
onpuoo `sjurelduuoo aniaoax o} pazuoipnu si soiglq jo pnog agi `soilnp s}i ino famo off. xapxo uI
-S;)Iq;H;o pauog NIJO saaesod OLO.8Z'Z
'(6861 `1 § L6ZZ 'pxO) 'ssauanijoaJJa pun
aouauipad 8uinui�uoo ski axnssn o saioilo �i0 xai410 xo xa�dugo s. p jo summa. osodoxd oZ •Q
ani�nt�tui urno sIi uo xo isonbax uo mip!o
`xalduga snip jo uol uoilddu otp ol laadsax ipyA suollr axdxalul xo sumuido dioswu xapuax o I, •a
-pouno0
fqiO age 01 suotlivauuuuooax puu sButpui� agp jtuisue4 pun sjutulduuoo ol0i�sanui puu xuoq o1, •g
xajdugo sup jo suoilulotn jo sluiulduuoo 9W!jjUj 1e aniaoax os • fir
9 a2ud
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Ordinance No.
Page 7
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 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). (Ord. 2297 § 1, 1989).
2.28.110 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 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 opinions regarding the
interpretation or implementation of any provision of this chapter.
2.28.120 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 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'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
•(slsonbaa f4tletluopguoo of palelaa) `a uoisTA!pgns
40ZI'8Z'Z ut zoo paptnoid su paloepaa oq Xeut Iuteldutoo o-qL •opal agl gltm Iululdutoo
agldo ,Sdoo u lugs oq osle IITnn Iuopuodso-d ags •panmolloj oq Iltm imp samp000zd
ail sutuldxo Xlluxaua2 goRm pue `possaxppu oq IltA Iutuldutoo agI goRm ut Ouueag
lxau 01RJO alep agI `loafgns ail su utagl 2ututuu pani000i uaaq sug Iutulduroo e Imp oopou
sapnoxd Imp toluol t, Inas oq IItM (}uopuodso-&,aaljeutazatl) luteldutoo agl jo Toofgns agZ •£
•po molloj oq ITVA It,ip sompoowd aig sutt,ldxa .KIletaua2? goRm pue `possatppe
oq Iitm lutt,Idutoo agI gotgm ut ftueog Ixau agl,lo alep agl `pantaoaa soon lureldutoo
agl lugs 031 OU saptnotd Imp iapl t, lugs oq IItm (aueuteldutoD,) lueutt,ldutoo Oq L -Z
taqumu ost,o u pougtsse oq Ilton lutuldutoo agZ I
:Iutt,ldutoo t, jo Idloow uodn paomollol oq Ilton samp000td Outonolloj ags •v
•;utt,lduma;o ;dtaaaH-saanpaaoad lureiduzoa o£T'8Z'Z
-sigutpt000e poloupat Qq osle llt,gs lureldutoo ou •opuut st asnt,o
olgt,gotd jo Ourput� t, Itlun put, ssalun It,tluap�ttoo Ido l ag hugs lueutt,ldutoo agl o aureu
agl `uotloas stgl tapun pauuod aalltuiuzoo-qns oog pe oip Xq osneo poog jo �utputj t, uodn {,
•ss000td uotlunlena std 2utmp
posolosT lou oq hugs ou-mu saueuteldutoo pue Iutt,ldutoo agI •posolosip oq jou llugs
lutuldwoo hail put, lueutuldutoo of poutnlat oq Ilegs Iuteldutoo attlua ail `uomapgltnn
oq lutuldwoo agl Iugl sisonbat Iueuleldwoo 3I •Iutuldutoo atagl omutpgltrn of sSvp ssoutsnq
ang aneg Ilugs luuutulduzoo 1f4jfetluapduoo ioj Isotnbat agI Xuap of st uotstoap agldI £
•s,Sup ssoutsng antJ tT?R?on uotstoap slt Jo Iueurelduioo agI uuojut pegs itega agZ autt,u
olp jo atnsolostp ploggltnn of slstxo osnt,o pool jt outuuolap `Isonbat aip jo uotlutaptsuoo
JOIF `pue 4letluappoo aoi isonbat t, jo aoUjo sputollV f4lD agl Xq pouuojut 2utaq
s9up ssoutsnq oonl utgltm ooult oo-qns oog pe ue uuol hugs `stsug utpelot u uo ut,ga
oqI Xq uosogo `staqutaut pteoq onnl put, itt,ga agl 94tlutluopUuoo toj isanbaa t, uodn •Z
•osnt,o pool gstlgelso of luatotgjnsut axe uotletlelat xo uueg o sluautalt,ls antlulnoads
to Aieuotsnlouoapasolostp oq of atom autuu itagl3t uotletlulat to uueg Jams
pinom Sagl Imp `�mliod jo )Slleuod tapun utoms `luautaluls Im4oej poltelap e `Iutt,ldutoo
hail glIm `optnotd Isnot lut,utt,ldwoo agl `Ietluopguoo Idail oq outeu uogl legl isonbat oZ • I
:sonolloj st, possatppe oq Ilegs flxietluopuuoo
toj slsanbm a •outt,u Bons plogglton of asnuo poo,3 st atagl put, lutluopguoo IdoN oq outeu itagl
Imp polsonbat sug Iueutuldutoo agl ssalun posolostp oq hugs Iuuuteldutoo agljo aureu agI a
•Ionpuoostut pagalle
Otp tarso suotlotpstmf Lieut Iegl A01102t, luautaotojuo luaapaj to `alt,ls `It,00l alt,udotddt, agl of
luttaJax u 07ut Am sotgl� �o pxuog agl `taldego stgl ut -gpoj las suotltgtgotd ot�toads agl utgltnn
jou si lonpuoostuz agl inq `sgutpaaooid ail jo axl3t,ls Niue 2utmp lonpuoostujo sumol peog agl jl
'(addd) uotsstututoD sootloeld iuotltlod att,,g otp put, Kmf puwD XjunoD oBatQ
ups agl `aot p s�autollV lotalstQ / unoa oOatQ uus agl `ooWo sp-TouOD s,Sautol V etutoJIM'D
agl `aoWo s�autopv salols pollufl agl `ol paltuul jou On Inq `opnlout satouo& luaumoaojua
It,tapai put, alt,lS `Iuoo i •pauajaa sm lutuldutoo agl utogm of Xouaou otp Sq nak ouo uugl aaout
8 a2ud
.ON aoueutpJo
Ordinance No.
Page 9
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.
2.28.140 Complaint -Prima Facie Review.
The Board of Ethics will conduct a prima facie review (Prima Facie Review) of the complaint.
The purpose of Prima Facie Review is to determine 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 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 of 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 from Complainant or the Respondent.
The Board shall endeavor to complete this action within 45 days from the prima facie
as uaaatp sfmp St, unptnn sivaut
age. uo Ouuuag u jos pinogs pnog aq1 `slslxo asnuo olqugoad jutp souiuuolop pnog age iI •D
•jutuldutoo
otp ssttusip Ilugs pauog age. `isixo Ion scop asnno olgegoad jugj souttuamp pnog ogljl •,d
•10V unnoag oql Xq poul uaad su `asnuo olqugoad jo onsst agp uo luounuoo Auut sat�ted g1og •g
p.uog atp Xq pol4limod su `uoijuunuexo-ssoao of ioofgns oq Xmu sossoultAk
•Xjilsal of sossou4lm ll u od oslt,Xt,tu `uoylazosip sit ui `pteog o'U •9uuuaq asnno alqugoad atp
olut pa:.tutpu oq oI aouaptna ao sI.uaumoop IuuoIMppu jtuuod A-etu `uoi�aaasip sj j ut `pauog aq,L •Q
•guuuaq asnno olqugoad atp axojaq pzuog atp of
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Ordinance No.
Page 11
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 (Nearing on the Meritg) 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 Hearing 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 limited 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.
2.28.170 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 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 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
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•oil aounuipxo
Ordinance No.
Page 13
E. 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
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.
2.28.200 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 II: This ordinance shall take effect and be in full force on the thirtieth day from and
after its adoption.
SECTION III: 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.
SECTION IV: The City Clerk is directed to publish this ordinance in accordance with the City
Charter and applicable state law.
Presented by Approved as to form by
Glen R. Googins
City Attorney
Glen R. Googins
City Attorney