HomeMy WebLinkAbout2016-05-18 BOE PacketCHURVISrA
Board of Ethics
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, May 18, 2016, at 5:15 p.m.
In Council Conference Room C101, 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
May 18, 2016 Council Conference Room C101
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. Update on Lobbyist Registration Ordinance; Discussion and Action by BOE regarding
same.
I declare under penalty of perjury that I am employed by
the City of Chula Vista in the Office of the City Attorney
and that I posted this document on the bulletin board at
the City Hall according to Brown Act requirements.
Dated: ' �� Signed:�
OTHER BUSINESS
1. STAFF COMMENTS
2. CHAIR'S COMMENTS
3. COMMISSIONERS'/BOARD MEMBERS' COMMENTS
ADJOURNMENT to the regular meeting on June 15, 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 WITHDISABILITIESACT
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.
Page 2 1Board of Ethics Regular Meeting May 18, 2016
BOARD OF ETHICS COMPLAINT FORM AND
INSTRUCTIONS
VIOLATIONS OF SPECIFIED PROHIBITIONS
(CVMC 2.01.030(C))
H
5/16 BOE Complaint Form and Instructions -Revised
TABLE OF CONTENTS
BOE COMPLAINT FORM
SUBJECT PAGE
Introduction..............................................................................
3
Section 1 [Complainant Information].................................................4
Section 2 [Respondent information]...................................................5
Section 3 [Specified Prohibitions].....................................................6
Section 4 [Description of Facts].......................................................7
Section5 [Witnesses]...................................................................8
Section 6 [Documentation]............................................................9
Section 7 [Related Complaints].......................................................10
Section 8 [Additional Information]....................................................10
Section 9 [Verification]................................................................11
Instructions...............................................................................12
Request for Confidentiality............................................................15
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5/16 BOE Complaint Form and Instructions -Revised
INTRODUCTION
The Board of Ethics only has the authority to hear complaints regarding violations of the
"Specified Prohibitions" set forth in Chula Vista Municipal Code ("CVMC") section 2.01.030(C) by
Councilmembers (including Mayor), the City Attorney, Board or Commission members, or City
Department Directors. Please review CVMC section 2.01.030(C) to ensure that your allegation(s) involve
the "Specified Prohibitions." Copies of CVMC Chapters 2.01 and 2.28 are included with this Complaint
Form 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 that
the "Specified Prohibitions" were violated. The Board of Ethics acts as the hearing body for complaints
involving violations of 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
(Section 4) 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 limited period prior to the prima facie review conducted by the Board of Ethics,
but may be disclosed thereafter. 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. You may
also contact the City Attorney's Office if you have questions about the form at (619) 691-5037, but they
do not provide advice as to the substance of a complaint. 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.
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5/16 BOE Complaint Form and Instructions -Revised
I . COMPLAINTANT (PERSON WHO IS COMPLAINING) INFORMATION
For each person that is filing this complaint (called the Complainant(s)) please provide the
following required information:
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
with this complaint package.
REQUEST FOR CONFIDENTIALITY ❑ No
(Check appropriate box)
❑ Yes
If there are more persons complaining, please provide the above information for each additional
person on an additional sheet of paper.
❑ Check if additional pages are attached.
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5/16 BOE Complaint Form and Instructions -Revised
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
❑ 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 City Attorney's
Office at (619) 691-5037. 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.
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5/16 BOE Complaint Form and Instructions -Revised
3. SPECIFIED PROHIBITIONS
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 your allegations involve a violation
of the Specified Prohibitions. You will be required, in Section 4, to provide a full 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] violated the below checked box(es):
❑ 1. The City Official accepted gifts, favors, or promises of future benefits, which might compromise or tend
to impair independence of judgment or action. Gifts do not include campaign contributions authorized by
the Political Reform Act,
❑ 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.
❑ 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.
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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(s), describe
the Respondent's position in the City, and have a full and specific description of what occurred that
violated the Specified Prohibitions set forth in CVMC 2.01.030(C). Avoid 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.
❑ If more space is needed, please check this box and attach additional sheets as necessary
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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:
Provide the witnesses' statement:
Provide the following information about witnesses that can provide facts that support the alleged
violations of the Specified Prohibitions:
WITNESS #2
NAME:
ADDRESS:
CONTACT PHONE NUMBER:
E-MAIL:
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5/16 BOE Complaint Form and Instructions -Revised
Provide the witnesses' statement:.
❑ If more space is needed for witness statements or additional witnesses, please check this box and
attach additional sheets as necessary
6. DOCUMENTATION
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
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5/16 BOE Complaint Form and Instructions -Revised
7. RELATED COMPLAINTS
Have you or someone you know made or fled the same or similar complaint in a court or with 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
Li it 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 evaluating this
complaint.
❑ If more space is needed, please check this box and attach additional sheets as necessary
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5/16 BOE Complaint Form and Instructions -Revised
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.
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5/16 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. If you have questions regarding the
complaint form you may contact the City Attorney's Office at (619) 691-5037, but they do not
advise as to the substance of a complaint.
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 or there are additional complainants, 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 (at which time there identify may become known). 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. The Board of Ethics
does not hear complaints regarding other individuals.
City departments include: Development Services Department, Economic Development
Department, Finance Department, Fire Department, Human Resources Department, Information
and Technologies Department, Library, Department, Police Department, Public Works
Department, and Recreation Department.
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If there is not enough room on the form, you may use additional sheets of paper and provide the
requested identifying information.
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
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 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
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5/16 BOE Complaint Form and Instructions -Revised
case progresses, the witnesses may be called to testify before the BOE at a hearing on the merits
of the complaint.
Section 6 [Documentationl: 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.
Section 7 [Related Complaints]: In this section, provide copies of complaints that are the same
or similar 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 signed and filed under penalty of perjury. Each person that is making the
complaint must sign the complaint under penalty of perjury.
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REQUEST FOR C
� Q ONFIDENTIALITY
A personling a complaint that a Specified Prohibition has been violated may file a request to keep their
name andIdentifying information confidential pursuant to CVMC section 2.28.090(C). The complainant
filing the request bears the burden of showing good cause that their information should be kept
confidential. A separate request must be submitted by each complainant requesting to keep their name
confidential. The confidentiality is limited and their name may be released at the probable cause stage of
the proceedings. If the request is denied, the complainant must either withdraw their complaint or
proceed with their name being publically available.
I, [Name], hereby request that my name be kept confidential, pursuant to CVMC
Section 2.28.090(C), and that good cause exists to do so because [check one that applies]:
❑ 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;
❑ Facts that show that complainant would be shunned, ostracized, or rebuked by an organization or group to which
they belong if their name were to be made public;
❑ Evidence of prior acts of retaliation or harm by respondent against complainant or any other person;
❑ The existence of criminal convictions for crimes of violence by or the existence of any restraining orders against
respondent; or
❑ Other
Describe (in detail) in the section below why your identifying information should be kept confidential.
Conclusionary or speculative statements of harm or retaliation are insufficient to establish good cause.
I declare under the penalty of perjury the following:
❑ If more space is needed, please check this box and attach additional sheets as necessary
Signature:
Date:
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REQUEST FOR CONFIDENTIALITY
A person fling a complaint that a Specified Prohibition has been violated may file a request to keep their
name and other identifying information ("Identifying Information") confidential pursuant to CVMC
section 2.28.090(C). The complainant filing the request bears the burden of showing good cause that
their Identifying Information should be kept confidential. A separate request must be submitted by each
complainant requesting to keep their Identifying Information confidential. The confidentiality is limited
and their name may be released at the probable cause stage of the proceedings. If the request is denied,
the complainant must either withdraw their complaint or proceed with their name being publically
available.
I, [Name], hereby request that my Identifying Information be kept confidential,
pursuant to CVMC Section 2.28.090(C), and that good cause exists to do so because [check one that
applies]:
❑ 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;
❑ Facts that show that complainant would be shunned, ostracized, or rebuked by an organization or group to which
they belong if their name were to be made public;
❑ Evidence of prior acts of retaliation or harm by respondent against complainant or any other person;
❑ The existence of criminal convictions for crimes of violence by or the existence of any restraining orders against
respondent; or
❑ Other
Describe (in detail) in the section below why your Identifying Information should be kept confidential.
Conclusionary or speculative statements of harm or retaliation are insufficient to establish good cause.
I declare under the penalty of perjury the following:
❑ If more space is needed, please check this box and attach additional sheets as necessary
Signature:
Date:
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