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HomeMy WebLinkAboutITEM 2 Attachment-Chapter 2.28 CVMC2.28.010 2.28.020 2.28.030 2.28.040 2.28.050 2.28.060 2.28.070 2.28.080 2.28.085 2.28.090 2.28.100 2.28.110 2.28.120 2.28.130 2.28.140 2.28.150 2.28.160 2.28.170 Chapter 2.28 BOARD OF ETHICS* Sections: Establishment of the Board of Ethics. Purpose. Function and duties of the Board of Ethics. Powers of the Board of Ethics. Membership. Meeting frequency, notice, and staffing. Order of business. Advisory opinions. Board referral for investigation. Complaints – Form, referral to other enforcement agency and requests for confidentiality. Complaint procedures – Receipt of complaint. Complaint procedures – Prima facie review. Complaint procedures – Probable cause hearing. Complaint procedures – Hearing on the merits. Complaint procedures – Decision after hearing on the merits. Conflicts. Disclosure of Board records. Severability. *Prior legislation: Prior code §§ 1.48 – 1.51; Ords. 1040, 2297, 2453, 2629, 2630 and 2778. For provisions of Charter law concerning appointive boards and commissions, see City Charter §§ 600 – 606. Code reviser’s note: Section 4 of Ordinance 3264 provides: “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.” 2.28.010 Establishment of the Board of Ethics. The Board of Ethics is hereby created. The provisions of Article VI of the Chula Vista City Charter, Chapters 2.01 and 2.25 CVMC, and this chapter shall govern the Board of Ethics. (Ord. 3264 § 1, 2013). Ch. 2.28 Board of Ethics | Chula Vista Municipal Code Page 1 of 12 The Chula Vista Municipal Code is current through Ordinance 3492, passed July 28, 2020. 2.28.020 Purpose. It is the purpose of the Board of Ethics to advise and make recommendations to the City Council of the City of Chula Vista on all matters relating to potential unethical conduct and to make such necessary and appropriate recommendations to the City Council for the implementation of the code of ethics, as set forth in Chapter 2.01 CVMC, and amendments thereto, which may become necessary from time to time. The Board of Ethics will serve as a hearing body for violations of the code of ethics, as set forth in Chapter 2.01 CVMC, and shall render impartial and objective opinions and ensure that those covered by the code of ethics are appropriately informed. Members of the Board of Ethics should be aware that they are in a unique position 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. 3264 § 1, 2013). 2.28.030 Function and duties of the Board of Ethics. It shall be the function of the Board of Ethics to implement the code of ethics as set forth in this chapter. The duties of the Board of Ethics shall be: A. To receive or initiate complaints of violations of the code of ethics. B. To hear and investigate complaints and transmit the findings and recommendations to the City Council. C. To render advisory opinions or interpretations with respect to the application of the code of ethics and this chapter, either on request or on its own initiative. D. To propose revisions of this chapter or other City policies to assure its continuing pertinence and effectiveness. E. To participate in the selection and nomination of members of the Board of Ethics, in accordance with CVMC 2.25.050. (Ord. 3449 § 1, 2019; Ord. 3264 § 1, 2013). 2.28.040 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. 3264 § 1, 2013). Ch. 2.28 Board of Ethics | Chula Vista Municipal Code Page 2 of 12 The Chula Vista Municipal Code is current through Ordinance 3492, passed July 28, 2020. 2.28.050 Membership. A. The Board of Ethics shall be composed of seven members, to be nominated and appointed in accordance with Article VI of the City Charter, Chapter 2.25 CVMC, and this chapter. 1. When a vacancy occurs, the City Clerk shall forward applications for membership on the Board of Ethics for review by a panel consisting of one Charter Review Commission member appointed by the Charter Review Commission and one Board of Ethics member appointed by the Board of Ethics. The panel shall review the applications, select applicants to be interviewed, interview selected applicants, and recommend (by unanimous decision of the panel) one applicant for each available seat to the City Council for appointment. 2. If the panel is unable to reach a unanimous decision, the panel shall notify the City Clerk, so that additional applications may be considered. 3. Irregularities in this interview process may be brought to the attention of the City Council. B. No person shall be appointed as a member of the Board of Ethics, or shall be entitled to retain their membership, if he or she, within the past 10 years prior to the date of appointment, has been convicted of any felony or a crime involving moral turpitude, has been found to have committed a criminal violation of the Fair Political Practices Act, or has a conflict of interest as defined in this chapter. C. A “conflict of interest” for purposes of this section shall mean the following: 1. The applicant or any of applicant’s relatives is or has been an employee of or sought employment from any City official subject to this chapter; 2. The applicant or any of applicant’s relatives is or has been supervised in an employment setting by any City official subject to this chapter; 3. The applicant has served in any capacity (including staff member, advisor, or volunteer) involving the election, selection, or appointment of any City official subject to this chapter to any public office (elected or appointed); 4. The applicant has served in any capacity (including staff member, advisor, or volunteer) opposing the election, selection, or appointment of any City official subject to this chapter to any public office (elected or appointed); or 5. The applicant is related to any City official subject to this chapter. D. This section is not retroactive. (Ord. 3490 § 1, 2020; Ord. 3264 § 1, 2013). 2.28.060 Meeting frequency, notice, and staffing. The Board’s meeting schedule shall include at least one regular meeting per month, at the day, time, and location established by written resolution of the Board. The City Attorney or his or her appointed representative shall act as Ch. 2.28 Board of Ethics | Chula Vista Municipal Code Page 3 of 12 The Chula Vista Municipal Code is current through Ordinance 3492, passed July 28, 2020. 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. 3435 § 1, 2018; Ord. 3264 § 1, 2013). 2.28.070 Order of business. A. The following shall be the order of business for all meetings: 1. Roll call of members. 2. Reading of minutes of previous meeting. 3. Amendment or approval of minutes of previous meeting. 4. Consideration of matters continued from previous meeting. 5. Consideration of new complaints or requests. 6. Consideration of proposed or existing state legislation in the field of ethics and amendments to the code of ethics of the City of Chula Vista. 7. Other business. 8. Oral 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 CVMC 2.25.210(A). (Ord. 3264 § 1, 2013). 2.28.080 Advisory opinions. When a City official has doubt as to the applicability of a provision of this chapter to a particular situation, he or she may make a written inquiry to the Board of Ethics for an advisory opinion. The purpose of the advisory opinion is to assist the City official in the task of judging themselves, so as to enable them to properly carry out their responsibilities as trustees in the public interest, and to conform their conduct to the code of ethics. The City 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. (Ord. 3264 § 1, 2013). Ch. 2.28 Board of Ethics | Chula Vista Municipal Code Page 4 of 12 The Chula Vista Municipal Code is current through Ordinance 3492, passed July 28, 2020. 2.28.085 Board referral for investigation. A. If an individual BOE member personally observes a violation of the code of ethics, he or she may inform the BOE and request that the matter be referred to a panel attorney (“Panel Attorney”) that is serving as the enforcement authority under Chapter 2.52 CVMC for investigation. B. If a panel to serve as the enforcement authority has not been established, the Board of Ethics shall establish, in a manner similar to the process used to create the panel for the enforcement authority, a panel of attorneys to serve pursuant to this section. C. The Board of Ethics may refer the matter to a Panel Attorney if the BOE member presenting the request makes a prima facie showing as set forth in CVMC 2.28.110. This provision may not be used in the place of or to circumvent the other provisions in this chapter for the submission of complaints. Once a BOE member submits a request under this section and the matter is submitted to a Panel Attorney, they shall recuse themselves from voting on the complaint. D. The BOE referral shall go to a Panel Attorney for investigation and determination if probable cause exists on the complaint. The Panel Attorney may dismiss the complaint if he determines that probable cause does not exist or if he concludes he cannot prove that probable cause exists. If he dismisses the case for lack of probable cause, he shall inform the Board of Ethics and provide a basis for the dismissal. If the panel attorney determines that probable cause exists, he shall present his case as set forth in CVMC 2.28.120 for determination by the Board of Ethics if probable cause exists. If the Board of Ethics determines that probable cause exists, another Panel Attorney will continue the investigation for submission to the BOE for a full hearing. Panel Attorneys assigned under this subsection will be assigned in the same manner they are assigned to investigate complaints for violations of Chapter 2.52 CVMC. The Panel Attorney shall present the matter for full hearing as set forth in CVMC 2.28.130. (Ord. 3264 § 1, 2013). 2.28.090 Complaints – Form, referral to other enforcement agency and requests for confidentiality. A. All complaints regarding violations of this chapter shall be in writing, identify a person subject to the code of ethics, contain a full allegation of facts that would constitute a violation of the specific prohibitions enumerated in this chapter, and be 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. Ch. 2.28 Board of Ethics | Chula Vista Municipal Code Page 5 of 12 The Chula Vista Municipal Code is current through Ordinance 3492, passed July 28, 2020. 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 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 have jurisdiction over the alleged misconduct. C. The name of the complainant shall be disclosed unless the complainant has requested that their name be kept confidential and there is good cause to withhold such name. Requests for confidentiality shall be addressed as follows: 1. To request that their name be kept confidential, the complainant must provide, with their complaint, a detailed factual statement, sworn under penalty of perjury, that they would suffer harm or retaliation if their name were to be disclosed. Facts that may be considered to determine if good cause exists may include, but are not limited to: a. The existence of an employer/employee or supervisor/subordinate relationship between respondent and complainant or the existence of such a relationship between complainant’s spouse or immediate relative(s) and respondent or respondent’s spouse or immediate relative; b. Facts that show that complainant would be shunned, ostracized, or rebuked by any organization or group to which they belong if their name were to be made public; c. Evidence of prior acts of retaliation or harm by respondent against complainant or any other person; d. The existence of criminal convictions for crimes of violence by or the existence 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 subcommittee within two business days of 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. Ch. 2.28 Board of Ethics | Chula Vista Municipal Code Page 6 of 12 The Chula Vista Municipal Code is current through Ordinance 3492, passed July 28, 2020. 4. Upon a finding of good cause by the ad hoc subcommittee formed under this section, the name of the complainant shall be kept confidential unless and until a finding of probable cause is made. The complaint shall also be redacted accordingly. (Ord. 3264 § 1, 2013). 2.28.100 Complaint procedures – Receipt of complaint. A. The following procedures will be followed upon receipt of a complaint: 1. The complaint will be assigned a case number. 2. The complainant (“complainant”) will be sent a letter that provides notice that the complaint was received, the date of the next hearing in which the complaint will be addressed, and which generally explains the procedures that will be followed. 3. The subject of the complaint (hereinafter “respondent”) will be sent a letter that provides notice that a complaint has been received naming them as the subject, the date of the next hearing in which the complaint will be addressed, and which generally explains the procedures that will be followed. The respondent will also be sent a copy of the complaint with the letter. The complaint may be redacted as provided for in CVMC 2.28.090(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. (Ord. 3264 § 1, 2013). 2.28.110 Complaint procedures – 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 in CVMC 2.28.090(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; Ch. 2.28 Board of Ethics | Chula Vista Municipal Code Page 7 of 12 The Chula Vista Municipal Code is current through Ordinance 3492, passed July 28, 2020. 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 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 subcommittee comprised of one to three Board members to conduct further investigation. The ad hoc subcommittee 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. The Board may hire an individual from a list of prequalified 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. The Board of Ethics shall establish a written policy for the selection of prequalified investigators. In determining qualifications, the Board of Ethics shall consider, but is not limited to, the following: a. Professional licensing; b. Experience in conducting investigations; c. Area or areas of expertise required for the investigation; d. Available support staff; e. Reasonable costs; Ch. 2.28 Board of Ethics | Chula Vista Municipal Code Page 8 of 12 The Chula Vista Municipal Code is current through Ordinance 3492, passed July 28, 2020. f. The existence of conflicts of interest; g. Proven ability to timely complete tasks. 4. The Board may set the matter for a probable cause hearing. The Board shall endeavor to set the probable cause hearing within 45 days of the prima facie finding. (Ord. 3264 § 1, 2013). 2.28.120 Complaint procedures – Probable cause hearing. The purpose of the probable cause hearing is to determine if there are facts and circumstances, of a reasonably trustworthy nature, sufficient to justify a person of reasonable caution or prudence in the belief that a violation of the specific prohibitions has occurred (“probable cause”). To 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. B. The complainant and respondent shall be informed that they may lodge with the Board 10 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. (Ord. 3264 § 1, 2013). 2.28.130 Complaint procedures – Hearing on the merits. If probable cause is determined to exist by the Board, then the Board shall conduct a hearing on the merits (“hearing on the merits”) as set forth herein: Ch. 2.28 Board of Ethics | Chula Vista Municipal Code Page 9 of 12 The Chula Vista Municipal Code is current through Ordinance 3492, passed July 28, 2020. A. Prior to the hearing on the merits, the Board may request additional information as set forth in CVMC 2.28.110(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 CVMC 2.28.110(B), or subsection (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 indicia of reliability. (Ord. 3264 § 1, 2013). 2.28.140 Complaint procedures – Decision after hearing on the merits. The Board shall document its decision in a written statement of decision. A vote of five Board members is required to make a finding of misconduct. Each finding of misconduct must be supported by a preponderance of the evidence. The statement of 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: 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) provide 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. (Ord. 3264 § 1, 2013). Ch. 2.28 Board of Ethics | Chula Vista Municipal Code Page 10 of 12 The Chula Vista Municipal Code is current through Ordinance 3492, passed July 28, 2020. 2.28.150 Conflicts. City officials subject to the specific prohibitions set forth in this chapter should not participate in or influence the complaint process as set forth in CVMC 2.28.090 to 2.28.140 in their official capacities. To this end, when a complaint involves a Board of Ethics 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 member, then the named Board of Ethics member shall recuse himself or herself. B. If a complaint involves a Councilmember, including the Mayor, then the named Councilmember shall recuse himself or herself. C. If the complaint involves the City Attorney, the City Attorney and his or her office shall recuse themselves. Outside counsel shall be appointed by the Board of Ethics to advise the Board of Ethics regarding a complaint alleging misconduct by the City Attorney. The Board of Ethics may establish procedures for the selection of such counsel. (Ord. 3264 § 1, 2013). 2.28.160 Disclosure of Board records. The purpose of this section is to advance the public’s interest under the Public Records Act to access information concerning the conduct of the 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 CVMC 2.28.090 (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 Ch. 2.28 Board of Ethics | Chula Vista Municipal Code Page 11 of 12 The Chula Vista Municipal Code is current through Ordinance 3492, passed July 28, 2020. The Chula Vista Municipal Code is current through Ordinance 3492, passed July 28, 2020. Disclaimer: The City Clerk’s Office has the official version of the Chula Vista Municipal Code. Users should contact the City Clerk’s Office for ordinances passed subsequent to the ordinance cited above. Note: This site does not support Internet Explorer. To view this site, Code Publishing Company recommends using one of the following browsers: Google Chrome, Firefox, or Safari. City Website: www.chulavistaca.gov Code Publishing Company 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. (Ord. 3264 § 1, 2013). 2.28.170 Severability. If any provision of this chapter, or the application of any such provision to any person or circumstance, shall be held invalid, the remainder of this chapter to the extent it 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. (Ord. 3264 § 1, 2013). Ch. 2.28 Board of Ethics | Chula Vista Municipal Code Page 12 of 12 The Chula Vista Municipal Code is current through Ordinance 3492, passed July 28, 2020.