Loading...
HomeMy WebLinkAbout2016-02-17 BOE Packet01WWWA Notice is hereby given that the Board of Ethics of the City of Chula Vista has called and will convene a Regular Meeting of the Board of Ethics on Wednesday, February 17, 2016, at 5:15 p.m. in Human Resources Training Room Bl 1, located at 276 Fourth Avenue, Building C, Chula Vista, California to consider the item(s) on this agenda. REGULAR MEETING OF THE BOARD OF ETHICS OF THE CITY OF CHULA VISTA February 17, 2016 Human Resources Training Room 1111, Building C 5:15 p.m. 276 Fourth Avenue Chula Vista CALL TO ORDER ROLL CALL: Commissioners: Esquer Kish ; Livingston Robles ; Voorhees ; Jemison, Vice Chair and Chair Schilling CITY STAFF: Silva ; Ponds ; Malveaux Googins PUBLIC COMMENTS Persons speaking during Public Comments may address the Board/Commission on any subject matter within the Board/Commission's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Board/Commission from discussing or taking action on any issue not included on the agenda, but, if appropriate, the Board/Commission may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. ACTION ITEMS The Item(s) listed in this section of the agenda will be considered individually by the Board/Commission and are expected to elicit discussion and deliberation. If you wish to speak on any item, please fill out a "Request to Speak" form and submit it to the Secretary prior to the meeting. Comments are limited to five minutes. 1. Status report regarding revising BOE complaint form from Ad Hoc Subcommittee assigned to review and propose revisions to the BOE complaint form, and Board review and comment on proposed revisions. 2. Presentation by City Attorney's Office on potential Lobbyist Registration Ordinance, Discussion and Action by BOE regarding same, including potential creation of Ad Hoc Subcommittee. 3. Presentation by City Attorney's Office regarding BOE complaint and hearing process. OTHER BUSINESS 1. STAFF COMMENTS 2. CHAIR'S COMMENTS 3. COMMISSIONERSVBOARD MEMBERS' COMMENTS ADJOURNMENT to the regular meeting on March 16, 2016, in the Council Conference Room C101, Building A at 276 Fourth. Avenue, Chula Vista, California. Materials provided to the Board of Ethics related to any open -session item on this agenda are available for public review in the Office of the City Attorney at 276 Fourth Avenue, Chula Vista, Building A, Chula Vista during normal business hours. In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service, contact the Human Resources Department at (619) 691-5041 (California Relay Service is available for the hearing impaired by dialing 711) at least forty-eight hours in advance of the meeting, declare under nenalty of requry that I am employed by the City of Chula v1sta in tte Otfice of the CityAttorney and that I posted this document on the bulletin board at the city Mali according to Brown Act requirements, Dated:4Blignel�-, Page 2 1Board of Ethics Regular Meeting February 17, 2016 2/1.7/2016 BOE HEARINGS CVMC 2.01 AND 2.28 BOE HEARINGS o GOVERNED BY CVMC 2.01 AND 2.28 a TWO ROLES LEGISLATIVE AND QUASI- JUDICIAL 2/17/2016 BOE HEARINGS LEGISLATIVE FUNCTION o BOE ACTS AS A LEGISLATIVE BODY ■ REVIEWING CODE FOR IMPROVEMENTS ■ CVMC 2.28.030(D): "To propose revisions to this chapter or other City policies to assure its continuing effectiveness" ■ In this role, positions may be taken and advocated for BOE QUASI -,JUDICIAL FUNCTIONS o CVMC 2.28.020: "The Board of Ethics will serve as a hearing body for violations of the code of ethics, set forth in Chapter 2.01..." o In that capacity the BCE acts as Judge/Jury in the matter. a In so doing, the BOE must be a fair and impartial trier of fact and decision maker 2 BOE QUASI -,JUDICIAL FUNCTIONS o Concepts of "Due Process" under the 141h Amendment are involved in the BOE's quasi- judicial role o Due Process involves notice and an opportunity to be heard o For example, the filed complaint form serves to provide the Respondent notice of what. charges they need to defend against BOE QUASI JUDICIAL FUNCTIONS o Due Process also involves not engaging in ex - parte communications o Ex parte communications involves getting evidence outside of the hearing process ■ Includes reading newspapers, watching TV, social media ■ Communicating with witnesses, parties, and other persons about the matter outside of the hearing process Such actions may deny Due Process 2/17/2016 3 BOE QUASI JUDICIAL FUNCTIONS o Avoid ex -parte communications ■ Ex Parte Communications denies one party or both the right to notice and the ability to defend ■ Ex Parte Communications deny Board Members the ability to have all the evidence they need to reach a decision E If you engage in Ex Parte Communications, you should disclose them on the record o Ex Parte Communications may be so pervasive that it may require recusal BOE QUASI JUDICIAL FUNCTIONS o BOE members must be fair and neutral decision makers o Can look to the Cannons of Judicial Ethics on how to conduct yourselves ■ Canon 1: A judge shall uphold integrity and independence of the judiciary ■ Canon 2: A judge shall avoid impropriety and appearance of impropriety in all of the judge's activities ■ Canon 3: A judge shall perform the duties of judicial office impartially, competently, and diligently 2/17/2016 4 2/17/2016 BOE QUASI JUDICIAL FUNCTIONS o Canon 4: A judge shall so conduct the judge's quasi-judicial and extrajudicial activities as to minimize the risk of conflict with judicial obligations o Canon 5: A judge or candidate for judicial office shall not engage in political or campaign activity that is inconsistent with the independence, integrity, or impartiality of the judiciary. o Canon 6: Compliance with the code of Judicial Ethics BOE QUASI JUDICIAL FUNCTIONS "A judge shall accord to every person who has alegal interest in a proceeding, or that person's lawyer, full right to be heard accordin& to law. Unless otherwise authorized by law, a judge shall not independently investigate facts in a proceeding and shall consider only evidence, presented or facts that may be properly judicially noticed. This prohibition extends to information available in all media, including electronic. A judge shall not initiate, permit, or consider ex parte communications, that is, any communications to or from the judge outside the presence of the parties concerning a pending or impending proceeding, shall make reasonable efforts to avoid such communications, except as follows:" (1) ok to talk with other judges and (2) ok to talk to those authorized by law to assist a judge, i.e. research attorneys. 2/17/2016 BOE QUASI -,JUDICIAL FUNCTIONS o Fair and neutral decision maker o Treating both side fairly o Considering only evidence presented in hearing BOE Hearing Process a CVMC 2.01.030 -violations o Complaint comes in o Prima facie review o Probable cause hearing o Hearing and Decision R CVMC 2.01 0 2.01.030 is broken down into three sections: ■ A (Guiding Principles) ■ B (BOE members) ■ And C (Specified Prohibitions) o Sections A and B are not subject to sanctions. They were intended to provide aspirational goals to assist in City Officials in conducting themselves and making decisions AND CVMC 2.01 a CVMC 2.01.030 states, "The guiding principals 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, they are directory in nature ant not subject to the complaint procedures...." The Guiding Principles are found in CVMC 2.01.030(A) and (B). 2/17/2016 7 2/17/2016 BOE CVMC 2.01 o CVMC 2.01.030(C) lists the "Specified Prohibitions." o If a City Official violates them, then a complaint may be filed with the BOE and the BOE may vet the complaint and issue a finding and referral to City Council. E Specified Prohibitions are the only actionable items by the BOE. Complaint Intake Process o CVMC 2.28.100 Very clerical in nature Complaint comes in and it is given a case # 13 Chair is contacted to put on agenda (Prima Facie review to be held within 30 days or 15 days if complaint received within 90 days of election • Subject of complaint is notified (standard email/letter) • Complaining party sent letter that complaint received and that next step to Prima Facie review (standard letter sent) 13 City Attorney staff take no actions related to the merits of the complaint. N 2/17/2016 BOE Complaint intake Process E The intake process may include request for confidentiality: ■ CVMC 2.28.090(C) -request for confidentiality • Chair convenes a Ad Hoc committee, consisting of chair and two other BOE members chosen by chair on rotating basis. • The Ad Hoc will meet within 2 days and determine if good cause exists o If no good cause, the complainant will have their complaint returned of they so chose • If good cause, complainant name will not be disclosed unless and until after probable cause finding is made Prima Facie Review o CVMC 2.28.110 sets forth the requirements of a Prima Facie Review o This was intended to be an initial review to determine if the case falls within the jurisdiction of the BOE. E If the complaint states the required elements (found in CVMC 2.28.090 (A)) then the case can proceed o If it does not then it shall be dismissed E It is a document only review -also serves as notice document to Respondent BOE Prima Facie Review o The required elements include: ■ Must be in writing made under penalty of perjury ■ Must name a person subject to the code of conduct (2.01) -Elected officials, City Manager, Department Directors, and Board and Commission members ■ Complaint must have been filed within 90 days of occurrence or when it should have been discovered ■ Must contain a full set of facts that would constitute a violation of the Specified Prohibitions set forth in CVMC 2.01.030(C) BOE Prima Facie Review El "Full set of facts ■ Review the factual statement presented When this was written, the example of a criminal complaint was used—the facts in the complaint must state a crime Facts should not be conclusionary statements Facts should not be speculative Generally assume facts to be true A case should be dismissed when— even if the facts are true they do not state a violation of the specified prohibitions ■ Recent cases 2/17/2016 10 BOE Prima Facie Review o CVMC 2.28.110(A) states basis' for dismissal o If case dismissed, letter sent notifying parties o The BOE may refer the complaint to other enforcement agencies that may have jurisdiction o A neutral form letter is used for referral; not a document to advocate a position -consistent with role of BOE as fair and neutral decision maker BOE Probable Cause Hearing o If the BOE determines a Prima Facie showing has been made then the next step is a PC hearing o The BOE has some ability to gather additional information via ■ Request of parties ■ Formation of Ad Hoc Committee to obtain additional information ■ Use of investigator o In gathering information as set forth above, BOE should be mindful of crossing line between decision maker and advocate. o Provision really designed to get readily available information -public records 2/17/2016 11 BOE Probable Cause Hearing o In the Prima Facie Review -little emphasis on merits o At this stage the BOE determines (CVMC 2.28.120) "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 specified prohibitions has occurred" BOE PROBABLE CAUSE HEARING - o Procedures: ■ Attempt to set hearing within 45 days ■ Parties will be notifiedof hearing dates ■ Parties will be notified they mayprovide additional evidence and written statement for the BOE's consideration ■ At hearing BOE will consider the following information: • The complaint and supporting documents • Any additional evidence/ statement filed by parties after Prima Facie Review • Any BOE gathered Evidence • Witnesses may be permitted to testify (subject to cross examination) --but anyone may also comment under public speakers in the matter • Parties may make a statement to the BOE 2/17/2016 12 BOE PROBABLE CAUSE HEARING o The BOE then determine if PC exists El If not, case dismissed o If so, the proceed to hearing on merits within 45 days BOE Hearing on Merits o Informal type hearing -so technical rules of evidence do not apply o While an informal hearing, the hearing should be conducted with the appropriate conduct and decorum by the parties o Complaint bears burden of proof - preponderance of evidence 2/17/2016 13 BOE Hearing on Merits o Procedures, as set forth in CVMC 2.28.130 ■ Each Party may give an opening statement ■ Complainant goes first: may give opening statement and the present witnesses (subject to cross examination) and present evidence ■ Respondent may then present his witnesses (subject to cross examination) and present evidence ■ The BOE may ask questions ■ The Parties then give closing Arguments ■ BOE then deliberates in open session on whether there is a preponderance of the evidence that a Specified Prohibition has been violated. Five BOE members must find a violation BOE Hearing on the Merits o The following is governed by CVMC 2.28.140 o After the BOE makes a decision, it will prepare a written decision. o The decision may be a finding of misconduct or no misconduct. o The decision must make findings showing a violation. o If misconduct is found the BOE decision may contain recommended sanction, which will be forward to City Council for their action 2/17/2016 14 Hearings o In the conduct of hearings the BOE should remember that they are fair and neutral decision makers -they are not advocates for either party o Be fair and adhere to CVMC 2.01 and 2.28. o The BOE should look to the Canons of Judicial Ethics and Due Process principles to guide their conduct 2/17/2016 15 BOARD OF ETHIC COMPLAINT FORM AND INSTRUCTIONS VIOLATIONS OF SPECIFIED PROHIBITIONS (CVMC 2.01.030(C)) 10/15 BOE Complaint Form and Instructions -Revised CITY OF CHULA VISTA BOARD OF ETHICS COMPLAINT FORM The Board of Ethics has the authority to hear complaints regarding alleged conduct violations of Councilmembers (including Mayor), the City Attorney, Board or Commission members, or City Department Directors, as set forth in the Specified Prohibitions of Chula Vista Municipal Code ("CVMC") section 2.01.030(C). Please review CVMC section 2.01.030(C) to ensure your allegation(s) are eligible. Copies of CVMC Chapters 2.01 and 2.28 are included with this complaint packet. The Board of Ethics does not have jurisdiction to hear complaints about other issues or individuals, but the Board of Ethics may refer such complaints to other enforcement agencies. In the complaint process, the complaining party ("Complainant") bears the burden of proving the allegations. The Board of Ethics acts as the hearing body for complaints involving the Specified Prohibitions. The Board of Ethics must be impartial in its actions. The complaint process begins with a prima facie review of the complaint. A prima facie review involves an examination of the information contained in this complaint form to determine if the complaint was timely filed (a complaint must be filed within 90 days of the violation), involves a City Official (as described in CVMC 2.01), and whether the complaint contains a specific and full set of facts which show that a Specific Prohibition has been violated. As a result, it is important that you provide as much factual and detailed information as possible, particularly in the narrative section of this complaint form that describes the acts that form the basis for the alleged violations of the Specified Prohibitions. As the Complainant, your name is not confidential and would be publically available. If you believe your name should be confidential, you may make a request (by completing a request for confidentiality form) to the Board of Ethics for limited confidentiality. If your request is granted, your name would be kept confidential for the period prior to the prima facie review conducted by the Board of Ethics. If your request is not granted, you will have the option to either pursue the complaint with your name not confidential or you may withdraw your complaint. Please complete a complaint form for each City Official you believe violated the Specified Prohibitions set forth in CVMC 2.01.030(C). If you have any questions, you may consult with an attorney. The Board of Ethics must be neutral and cannot assist any party in the complaint process. Thank you for taking time to submit your complaint. �or full form instructions see page I IiSK11 1. COMPLAINTANT (PERSON WHO IS COMPLAINING) INFORMATION For each person that is filing this complaint (called the Complainant(s)) please provide the below required information: Page 2 of 12 10/15 BOE Complaint Form and Instructions -Revised REQUIRED INFORMATION COMPLAINANT NAME ADDRESS CONTACT PHONE NUMBER EMAIL The name of the complaining person(s) is not confidential. If you want to keep your name confidential for a limited period of time, you may make request for confidentiality. To do so, each person complaining must complete a request for Confidentiality form, which is included I ith this complaint packagesKzl REQUEST FOR ❑ No CONFIDENTIALITY (Check appropriate box) ❑ Yes If there are more persons complaining, please provide the above information for additional persons on an additional sheet of paper. ❑ Check if additional pages are attached. 2. RESPONDENT (PERSON YOU ARE COMPLAINING ABOUT) INFORMATION For each person you are complaining about (called a Respondent) please provide the following required information: RESPONDENT 1 Person you are complaining about is: FULL NAME: THE ABOVE PERSON IS (CHECK ONE): ❑ THE MAYOR Page 3 of 12 10/15 BOE Complaint Form and Instructions -Revised ❑ COUNCILMEMBER ❑ CITY ATTORNEY ❑ BOARD OR COMMISSION MEMBER NAME BOARD OR COMMISSION: ❑ CITY DEPARTMENT DIRECTOR NAME CITY DEPARTMENT: If the person you wish to file a complaint about is not listed above, please contact . The Board of Ethics is unable to hear complaints regarding individuals not listed above, but may be able to provide a referral to another agency. If there are more persons that you are complaining about, please provide the above information for each additional person(s) on an additional sheet of paper. ❑ Check if additional pages attached. 3. ISPECIFIED PROHIBITION [S.31 The following checklist is a summary of the Specified Prohibitions found in CVMC 2.01.030(C). Please review the actual language of the Specified Prohibitions to ensure that there are facts that support the alleged violations. You will be required, in following sections, to provide a detailed description of the alleged conduct showing a violation of the Specified Prohibitions. The Board of Ethics only considers violations of the Specified Prohibitions. Any other allegation(s) will ,not be considered and the complaint will be dismissed. For each person you are complaining about, please complete the below sentence and check the applicable box(es) indicating the Specified Prohibition believed to have been violated. On [insert date or dates of violation] [name of person you are complaining about] who is [City title of person you. are complaining. about violated the following Specified Prohibitions]: ❑ 1. The City Official accepted gifts, favors, or promises of future benefits, which might compromise or tend to impair independence of judgment or action. ❑ 2. The City Official used 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. The City Official divulged 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. Page 4 of 12 10/15 BOE Complaint Form and Instructions -Revised ❑ 4. The City Official used or permitted the use of City resources 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. The City Official improperly appeared on behalf of the private interests of third parties before the Council or any board, commission or proceeding of the city. ❑ 6. The Ex -City Official (not including a former mayor or councilmember) within 12 -months of leaving office improperly appeared, as a compensated representative, before City Council, commission, board, city administrative office or agency or officer or employee thereof 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. The former member of the City Council, including the Mayor within 12 months of leaving office improperly appeared as a compensated representative 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. ❑ 8. The City Official endorsed or recommended 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. The City Official violated Government Code section 87100 related to financial interests and governmental decisions made by them. ❑ 10. The City official coerced 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. ❑ 11. The City Official displayed campaign materials in any city owned vehicle under their control and operated by that City Official. ❑ 12. The City Official aided and abetted another City Oficial to violate the Specific Prohibitions set forth in the Code of Ethics. ❑ 13. The. City Official negotiated for employment with any person, firm, or organization at the same time that aforementioned person, firm, or organization had a matter pending before City Council, Board or Commission, or City department and upon which the City Official must act or make a recommendation. 4. DESCRIPTION OF FACTS Provide a specific and full description of the facts constituting the alleged violation of the Specified Prohibitions set forth in CVMC 2.01.030(C). f You must include the date(s) of the incident, describe the } espondent's position in the City, and have a full and specific rdescription of what occurred that violated the Specified Prohibitions set forth in CVMC 2.01.030(C). JsK4jAvoid making unsupported conclusions or speculation. The Board of Ethics will only consider allegations involving the Specified Prohibitions set forth in CVMC 2.01.030(C). You may attach additional sheets as necessary. Page 5 of 12 10/15 BOE Complaint Form and Instructions -Revised El If more space is needed, please check this box and attach additional sheets as necessary 5. WITNESSES Provide the following information about witnesses that can provide facts that support the alleged violations of the Specified Prohibitions: WITNESS #1 NAME: ADDRESS: CONTACT PHONE NUMBER: Page 6 of 12 10/15 BOE Complaint Form and Instructions -Revised E-MAIL: Describe what facts the witness would provide in support of'the alleged violations) -if possible have ;witness submit a Separate statem6rAsK51 Provide the following information about person(s) that have information that support the alleged violations of the Specified Prohibitions: W ITN ESS #2 NAME: ADDRESS: CONTACT PHONE NUMBER: E-MAIL: Describe what information the witness would provide -if possible have the witness submit a A separate statement: ❑ If more space is needed for additional witnesses, please check this box and attach additional sheets as necessary 6. DOCUMENTATION Page 7 of 12 10/15 BOE Complaint Form and Instructions -Revised List and attach copies of any documents in your possession that support the alleged violations of the Specified Prohibitions. In addition, indicate below whether there are other records, not in your possession, that you believe would assist the Board of Ethics in reviewing the complaint. Documents Attached Document Name Description of Allegation Support Other records not attached Document Name Description of Allegation Support ❑ If more space is needed, please check this box and attach additional sheets as necessary 7. RELATED COMPLAINTS Have you or someone you know made the same or similar complaint to a court or another agency? Yes ❑ No ❑ If yes, identify the court or agency and attach a copy of any complaint and response. Briefly describe the complaint and response below: Court or Agency Name Describe complaint & response ❑ If more space is needed, please check this box and attach additional sheets as necessary 8. ADDITIONAL INFORMATION Page 8 of 12 10/15 130E Complaint Form and Instructions -Revised Provide any additional information that you believe may assist the Board of Ethics in its evaluation of this complaint. ❑ If more space is needed, please check this box and attach additional sheets as necessary 9. VERIFICATION I declare under penalty of perjury under the laws of the State of California that the above statements and information are true and correct: Executed: At: (Date) (City and State) By: Sign: (Typed or printed name) (Signature) If there is more than one complainant, each one must complete the above verification on a separate sheet of paper. ❑ Check of there are additional pages with complainant verifications. Page 9 of 12 10/15 BOE Complaint Form and Instructions -Revised BOE COMPLAINT FORM INSTRUCTIONS The following are instructions to help you complete the BOE complaint form. If you require assistance you should seek the advice of an attorney. Section 1 [Complainant Information]: In this section, the person or persons who are complaining, also called Complainant(s), identify themselves and provide the below listed contact information. 1. Provide complete name. 2. Provide complete address. This address will be used to send correspondence. 3. Please provide a phone number where you may be contacted. 4. Provide an email address. If there is not enough room on the form, you may use additional sheets of paper and provide the requested identifying information. In this section, the complaining persons can also request to have their name kept confidential. The request for confidentiality is for a limited period of time, usually up to the probable cause hearing. To request confidentiality a separate form must be completed and must meet the requirements of CVMC section 2.28.090(C). Section 2 [Respondent information): In this section, you are asked to identify the person or persons you are complaining about and their City position. The required information includes: 1. Complete name 2. Official City Title 3. Identify if the person you are complaining about is the City of Chula Vista Mayor, a Councilmember, the City Attorney, a Board or Commission Member, or a City of Chula Vista Department Director. The person you are complaining about (also called "Respondent") must either be the Mayor, a City Councilmember, the City Attorney, a City board or commission member, or a City Department Director, referred to as "City Officials" in the Code of Ethics. If there is not enough room on the form, you may use additional sheets of paper and provide the requested identifying information. The Board of Ethics does not hear complaints regarding other individuals. Section 3 [Specified Prohibitions]: In this section, for each person you are complaining about, insert their name in the blank for "[Name]" and insert their City title in the blank for "[City Title]" and then check the Specified Prohibition(s) that you believe was violated. The checklist of the thirteen specified prohibitions is a summary. You should review the actual language for Page 10 of 12 10/15 WE Complaint Form and Instructions -Revised each Specified Prohibition. The Specified Prohibitions are found in Chula Vista Municipal Code section 2.01.030(C), a copy of which is included in this complaint package. Please complete the above steps for each City Official you are complaining about. You may use additional sheets of paper if needed. Please note that the Board of Ethics can only consider complaints regarding the Specified Prohibitions found in Municipal Code section 2.01.030(C), but cannot consider complaints about the Guiding Principles found in Municipal Code section 2.01.030(A) and (B). Section 4 [Description of Facts]: In this section, please describe for each person you are complaining about the facts that show a violation of the Specified Prohibitions. Legal type writing is not required. Instead, write it like a story in chronological order. You must include the specific date the violation occurred and describe in detail what facts show a violation of the Specified Prohibitions. The specific date the violations occurred is important because the complaint must be filed within 90 days of the violation. Also, avoid making unsupported conclusions or engaging in speculation. Finally, this section is very important because the Board of Ethics uses the facts in this section to determine if a prima facie showing has been made and to continue BOE consideration of the complaint. You may attach additional sheets if you need more space. Section 5 [Witnesses]: In this section, provide the following information for each witness that supports your complaint: 1. Full name 2. Complete Address 3. Phone where they may be contacted 4. E-mail where they may contacted For each witness, have them write a statement detailing what facts they would provide that shows a violation of the Specified Prohibitions. If that cannot be done in time, a summary of what they would say is acceptable. Also, the witness must be someone you spoke with and know what they will say. A witness is not someone who you think will say something in support of your complaint. Please complete the above steps for each witness. Please note that as the case progresses, the witnesses may be called to testify before the BOE at a hearing on the merits of the complaint. Section 6 [Documentation]: In this section, provide copies any documents that support your allegation of a violation of the Specified Prohibition. You may also provide web links to the documents if they are on the internet. Also, if you are specifically aware of document that exist, but are not in your possession, please explain what the documents are, what information they will contain, and where they are located. Page 11 of 12 10/15 BOE Complaint Form and Instructions -Revised Section 7 [Related Complaints] : In this section, provide copies of complaints that are the same as the current complaint or related to the current complaint that you have filed, with another agency or court. Other agencies may include District Attorney's Office (DA), Attorney General's Office (AG), or Fair Political Practices Commission (FPPC). If you have received a response from that other agency, please include that as well. Section 8 [Additional Information] : In this section, if there is any information that you have not yet provided in this complaint form, but believe such information is relevant and would assist the Board of Ethics in determining if there is a violation of the Specified Prohibitions, please provide that information is this section. If you are not sure, it is ok to err on the side of providing too much information and you may provide such information in this section. Section 9 [Verification]: Chula Vista Municipal Code section 2.28.090 requires that the complaint be filed under penalty of perjury. Each person that is making the complaint must sign the complaint under penalty of perjury. Page 12 of 12 10/15 BOE Complaint Form and Instructions -Revised BOARD OF ETHIC COMPLAINT FORM AND INSTRUCTIONS VIOLATIONS OF SPECIFIED PROHIBITIONS (CVMC 2.01.030(C)) 10/15 BOE Complaint Form and Instructions -Revised CITY OF CHULA VISTA BOARD OF ETHICS COMPLAINT FORM The Board of Ethics has the authority to hear complaints regarding alleged conduct violations of Councilmembers (including Mayor) the City Attorney Board or Commission members or City Department Directors, as set forth in the Specified Prohibitions set fi3rffi e of Chula Vista Municipal Code ("CVMC") section 2.01.030(C). -Please review CVMC section 2.01.030(C) to ensure your allegation(s) r»••(s) .+in the enumerated S r._.f .a Prohibition are eligible. Copies of CVMC Chapters 2.01 and 2.28 are included with this complaint packet. The Board of Ethics does not have jurisdiction to hear complaints about other issues or individuals, but the Board of Ethics may refer such complaints to other enforcement agencies. As the complaining. party ("Complainanf'), your name is not confidential and would be publiea4ly available. If you believe your name she uld- b- e- ee fidential, you may make a request (by eempleting fequest for confidentiality f4m) to the Board of Ethies for limited eenfidentiality. If yeef request is granted, your name would be kept confidential for the period pfief to the pMnafoeie reviev� eenducted b5 theBeardefEffiies. If your request is not granted, youwill have the eptien to either pufsue eemplaint with your- name not being eenfidential or you met), withdraw your- eemplaint. In the complaint process, the complaining pgrty ("Complainant").Cemplainant bears the burden of proving the allegations. The Board of Ethics acts as the hearing body for complaints involving the Specified Prohibitions. The Board of Ethics must be impartial in its actions. The complaint process begins with a prima facie review of the complaint. A prima facie review involves an examination of the information contained in this complaint form to determine if the complaint was timely filed (a complaint must be filed within 90 days of the violation), involves a City Official (as described in CVMC 2.01), and whether the complaints contains a specific and full set of facts which show that a Specific Prohibition has been violated. As a result, it is important that you provide as much factual and detailed information as possible, particularly in the narrative section of this complaint form that describes the acts that form the basis for the alleged violations of the Specified Prohibitions. As the Complainant, your name is not confidential and would be publically available If you believe your name should be confidentialyou may make a request (by completing a request for confidentiality form) to the Board of Ethics for limited confidentiality. If your request is granted, your name would be kept confidential for the period prior to the prima facie review conducted by the Board of Ethics If your request is not granted you will have the option to either pursue the complaint with your name not -being confidential or you may withdraw your complaint. Please complete a complaint form for each City Official you believe violated the Specified Prohibitions set forth in CVMC 2.01.030(C). If you have any questions, you may consult with an attorney. The Board of Ethics must be neutral and cannot assist any party in the complaint process. Thank you for taking time to submit your complaint. �or full'form instructions see page J1 JSKII Page 2 of 13 10/15 BOE Complaint Form and Instructions -Revised 1. COMPLAINTANT (PERSON WHO IS COMPLAINING) INFORMATION For each person that is filing this complaint (called the Complainant(s)) please provide the below required information: REQUIRED COMPLAINANT INFORMATION ............... . ... NAME ADDRESS CONTACT PHONE NUMBER. EMAIL rnni�inrniT�n� rry P-Nde SZ1 The name of the complaining person(s) is not confidential. If you want to keep your name confidential for a limited period of time, you may make request for confidentiality. To do so, each person complaining must complete a request for 1co*entiality form, which is included (with this t complaint packagesK31 REQUEST FOR ❑ No CONFIDENTIALITY (Check appropriate box) ❑ Yes If there are more persons complaining, please provide the above information for additional persons on an additional sheet of paper. Page 3 of 13 10/15 BOE Complaint Form and Instructions -Revised Memey, Board or Comm-issien- m-effl-ber, or- City Depaftment Difeeten The Board of Ethies does not If the person you wish to file a complaint about is not listed above please contact The Board of Ethics is unable to hear complaints regarding individuals not listed above, but may be able to provide a referral to another agency. If there are more persons that you are complaining about, please provide the above information for each additional person(s) on an additional sheet of paper. ❑ Check if additional pages attached. 3. SPECIFIED PROMBITIONS[s41 The following is --a checklist is a summary of the Specified Prohibitions found in CVMC 2.01.030(C). The-cheeld}st is -a -summary of the SpeEified Prehibitiens. Please review the actual language of the Specified Prohibitions to ensure that there are facts that support the alleged violations of the Sperm Pr -e ,anions fund in CVA4G sectio 2.01.030(C). you will be required, in following sections, to provide a detailed description of the alleged conduct showing a violation of the Specified Prohibitions. The Board of Ethics only considers violations of the Specified Prohibitions. Any other allegation(s) will not be considered and the complaint will be dismissed. For each person you are complaining about, please complete the below sentence and check the applicable box(es) below indicating the Specified Prohibition believed to have been violated. A: On [insert date or dates of violation] [name of person you are complaining about] who is [City title of person you are complaining about violated the following Specified Prohibitions]: ❑ 1. The City Official accepted gifts, favors, or promises of future benefits, which might compromise or tend to impair independence of judgment or action. ❑ 2. The City Official used 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. The City Official divulged 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. The City Official used or permitted the use of City resources 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. The City Official improperly appeared on behalf of the private interests of third parties before the Council or any board, commission or proceeding of the city. ❑ 6. The Ex -City Official (not including a former mayor or councilmember) within 12 -months of leaving office improperly appeared, as a compensated representative, before City Council, commission, board, city administrative office or agency or officer or employee thereof 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. Page 5 of 13 10/15 BOE Complaint Form and Instructions -Revised ❑ 7. The former member of the City Council, including the Mayor within 12 months of leaving office improperly appeared as a compensated representative 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. ❑ 8. The City Official endorsed or recommended 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. The City Official violated Government Code section 87100 related to financial interests and governmental decisions made by them. ❑ . 10. The City official coerced 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. ❑ 11. The City Official displayed campaign materials in any city owned vehicle under their control and operated by that City Official. ❑ 12. The City Official aided and abetted another City Official to violate the Specific Prohibitions set forth in the Code of Ethics. ❑ 13. The City Official negotiated for employment with any person, firm, or organization at the same time that aforementioned person, firm, or organization had a matter pending before City Council, Board or Commission, or City department and upon which the City Official must act or make a recommendation. 4. DESCRIPTION OF FACTS Provide a specific and full description of the facts constituting the alleged violation of the Specified Prohibitions set forth in CVMC 2.01.030(C). (You must include the +date(s).of the incident,describe the respondent's position in the City, and have a full and specif c description of what occurred that violated the Specified Prohibitions set forth in CVMC 2.01 030(C). ksKslAvoid making unsupported conclusions or speculation. The Board of Ethics will only consider allegations involving the Specified Prohibitions set forth in CVMC 2.01.030(C). You may attach additional sheets as necessary. Page 6 of 13 10/15 BOE Complaint Form and Instructions -Revised ❑ If more space is needed, please check this box and attach additional sheets as necessary 5. WITNESSES Provide the following information about witnesses that can provide facts that support the alleged violations of the Specified Prohibitions: WITNESS #1 NAME: ADDRESS: CONTACT PHONE NUMBER: E-MAIL: Pescribe what facts the witness wouldprovide in support of the alleged violations) -if possible have witness submit a Separate st6tement:ks4 Page 7 of 13 10/15 WE Complaint Form and Instructions -Revised Other records not attached Document Name Description of Allegation Support ❑ If more space is needed, please check this box and attach additional sheets as necessary 7. RELATED COMPLAINTS Have you or someone you know made the same or similar complaint to a court or another agency? Yes ❑ No ❑ If yes, identify the court or agency and attach a copy of any complaint and response. Briefly describe the complaint -and response below: ❑ If more space is needed, please check this box and attach additional sheets as necessary 8. ADDITIONAL INFORMATION Provide any additional information that you believe may assist the Board of Ethics in its evaluation of this complaint. Page 9 of 13 10/15 BOE Complaint Form and Instructions -Revised ❑ If more space is needed, please check this box and attach additional sheets as necessary 9. VERIFICATION I declare under penalty of perjury under the laws of the State of California that the above statements and information are true and correct: Executed: At: (Date) (City and State By: Sign: (Typed or printed name) (Signature) If there is more than one complainant, each one must complete the above verification on a separate sheet of paper. ❑ Check of there are additional pages with complainant verifications. Page 10 of 13 10/15 BOE Complaint Form and Instructions -Revised BOE COMPLAINT FORM INSTRUCTIONS The following are instructions to help you complete the BOE complaint form. If you require assistance you should seek the advice of an attorney. Section 1 [Complainant Information]: In this section, the person or persons who are complaining, also called Complainant(s), identify themselves and provide the below listed contact information. 1. Provide complete name. 2. Provide complete address. This address will be used to send correspondence. 3. Please provide a phone number where you may be contacted. 4. Provide an email address. If there is not enough room on the form, you may use additional sheets of paper and provide the requested identifying information. In this section, the complaining persons can also request to have their name kept confidential. The request for confidentiality is for a limited period of time, usually up to the .probable cause hearing. To request confidentiality a separate form must be completed and must meet the requirements of CVMC section 2.28.090(C). Section 2 [Respondent information]: In this section, you are asked to identify the person or persons you are complaining about and their City position. The required information includes: 1. Complete name 2. Official City Title 3. Identify if the person you are complaining about is the City of Chula Vista Mayor, a Councilmember, the City Attorney, a Board or Commission Member, or a City of Chula Vista Department Director. The person you are complaining about (also called "Respondent") must either be the Mayor, a City Councilmember, the City Attorney, a City board or commission member, or a City Department Director, referred to as "City Officials" in the Code of Ethics. If there is not enough room on the form, you may use additional sheets of paper and provide the requested identifying information. The Board of Ethics does not hear complaints regarding other individuals. Section 3 [Specified Prohibitions]: In this section, for each person you are complaining about, insert their name in the blank for "[Name]" and insert their City title in the blank for "[City Title]" and then check the Specified Prohibition(s) that you believe was violated. The checklist of the thirteen specified prohibitions is a summary. You should review the actual language for Page 11 of 13 10/15 130E Complaint Form and Instructions -Revised each Specified Prohibition. The Specified Prohibitions are found in Chula Vista Municipal Code section 2.01.030(C), a copy of which is included in this complaint package. Please complete the above steps for each City Official you are complaining about. You may use additional sheets of paper if needed. Please note that the Board of Ethics can only consider complaints regarding the Specified Prohibitions found in Municipal Code section 2.01.030(C), but cannot consider complaints about the Guiding Principles found in Municipal Code section 2.01.030(A) and (B). Section 4 [Description of Factsl: In this section, please describe for each person you are complaining about the facts that show a violation of the Sp'_�cified Prohibitions. Legal type writing is not required. Instead, write it like a story in chronological order. You must include the specific date the violation occurred and describe in detail what facts show a violation of the Specified Prohibitions. The specific date the violations occurred is important because the complaint must be filed within 90 days of the violation. Also, avoid making unsupported conclusions or engaging in speculation. Finally, this section is very important because the Board of Ethics uses the facts in this section to determine i 1 a prima facie showing has been made and to continue BOE consideration of the complaint. You may attach additional sheets if you need more space. Section 5 [Witnesses] : In this section, provide the following information for each witness that, supports your complaint: 1. Full name 2. Complete Address 3. Phone where they may be contacted 4. E-mail where they may contacted For each witness, have them write a statement detailing what facts they would provide that shows a violation of the Specified Prohibitions. If that cannot be done in time, a summary of what they would say is acceptable. Also, the witness must be someone you spoke with and know what they will say. A witness is not someone who you think will say something in support of your complaint. Please complete the above steps for each witness. Please note that as the case progresses, the witnesses may be called to testify before the BOE at a hearing on the merits of the complaint. Section 6 [Documentation]: In this section, provide copies any documents that support your allegation of a violation of the Specified Prohibition. You may also provide web links to the documents if they are on the internet. Also, if you are specifically aware of document that exist, but are not in your possession, please explain what the documents are, what information they will contain, and where they are located. Page 12 of 13 10/15 BOE Complaint Form and Instructions -Revised Section 7 [Related Complaints]: In this section, provide copies of complaints that are the same as the current complaint or related to the current complaint that you have filed with another agency or court. Other agencies may include District Attorney's Office (DA), Attorney General's Office (AG), or Fair Political Practices Commission (FPPC). If you have received a response from that other agency, please include that as well. Section 8 [Additional Information]: In this section, if there is any information that you have not yet provided in this complaint form, but believe such information is relevant and would assist the Board of Ethics in determining if there is a violation of the Specified Prohibitions, please provide that information is this section. If you are not sure, it is ok to err on the side of providing too much information and you may provide such information in this section. Section 9 [Verification]: Chula Vista Municipal Code section 2.28.090 requires that the complaint be filed under penalty of perjury. Each person that is making the complaint must sign the complaint under penalty of perjury. Page 13 of 13 10/15 BOE Complaint Form and Instructions -Revised