HomeMy WebLinkAbout2021-01-20 BOE Agenda PacketV.03
REGULAR MEETING OF THE BOARD OF ETHICS
OF THE CITY OF CHULA VISTA
January 20, 2021 VIA TELECONFERENCE
5:15 p.m. Chula Vista
PLEASE NOTE THAT, PURSUANT TO THE GOVERNOR OF THE STATE OF CALIFORNIA'S EXECUTIVE ORDER N-29-20, AND IN THE INTEREST OF THE PUBLIC HEALTH AND SAFETY, MEMBERS OF THE BOARD OF ETHICS AND STAFF MAY PARTICIPATE IN THIS MEETING VIA TELECONFERENCE. IN ACCORDANCE WITH THE EXECUTIVE ORDER, THE PUBLIC MAY VIEW THE MEETING ONLINE AND NOT IN EXECUTIVE CONFERENCE ROOM C-103. HOW TO WATCH: Members of the public can access a link to the livestream at www.chulavistaca.gov/virtualmeetings. Members of the public who wish to join by telephone only, may call 1-408-418-9388 (United States Toll) and enter the access code:
[146 950 4510]. HOW TO SUBMIT COMMENTS: Visit the online eComment portal for this meeting at: www.chulavistaca.gov/virtualmeetings. The commenting period will be open shortly after the agenda is published for a particular meeting and will remain open through the meeting, as described below. All comments will be available to the public and the Board of Ethics using the eComment portal. Comments must be received prior to the time the Chair calls for the close of the commenting period. Comments received after such time will not be considered by the Board of Ethics. If you have difficulty or are unable to submit a comment, please contact Joyce Malveaux for assistance at jmalveaux@chulavistaca.gov. ACCESSIBILITY: Individuals with disabilities are invited to request reasonable modifications or accommodations in order to access and/or participate in a Board of Ethics meeting by contacting the City Attorney’s Office at jmalveaux@chulavistaca.gov (California Relay Service is available for the hearing impaired by dialing 711) at least forty-eight hours in advance of the meeting. ***The City of Chula Vista is relying on commercial technology to livestream and accept public comments via Granicus, Inc. With the increase of virtual meetings, most platforms are working to scale their systems to meet the new demand. If we have technical difficulties, we will resolve them as quickly as possible. City staff will take all possible measures to ensure a publicly accessible experience. ***
City of Chula Vista Boards & Commissions
Board of Ethics
Page 2 ׀ Board of Ethics Agenda January 20, 2021
CALL TO ORDER
ROLL CALL: Board Members Barragan_____; Chinn_____; Salzmann _____; Teel_____;
Torres_____; Welling_____; and Chair Guerrero ______.
CITY STAFF: Turner_____; Culuko_____; Malveaux _____; and Silva ______.
PUBLIC COMMENTS
Persons 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. If you wish to comment, please submit comments
electronically at: www.chulavistaca.gov/boards.
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, deliberation, and action. If you wish
to comment on one of these items, please submit comments electronically at:
www.chulavistaca.gov/boards.
1. UPDATE AND REPORT ON INTERVIEW PROCESS FOR NEW APPOINTMENT OF
BOARD OF ETHICS MEMBER
2. PRESENTATION AND DISCUSSION ON CODE OF ETHICS AND DUTIES OF
BOARD OF ETHICS
3. PRESENTATION AND DISCUSSION ON PROPOSED LOBBYIST REGISTRATION
ORDINANCE AND EX PARTE COMMUNICATIONS POLICY
4. DISCUSSION AND ACTION TO ESTABLISH (INCLUDING APPOINTMENT OF
MEMBERS TO) BOE AD HOC COMMITTEEE TO ASSIST IN PROPOSED
LOBBYIST REGISTRATION ORDINANCE AND EX PARTE COMMUNICATION
POLICY
OTHER BUSINESS
5. STAFF COMMENTS
6. CHAIR’S COMMENTS
7. BOARD MEMBERS’ COMMENTS
Page 3 ׀ Board of Ethics Agenda January 20, 2021
ADJOURNMENT to the regular meeting on February 17, 2021 in City Hall, Building A,
Executive Conference Room C-103, located at 276 Fourth Avenue, Chula
Vista, California or via virtual platform.
Materials provided to the Board of Ethics related to any open-session item on this agenda are
available for public review at https://chulavista.granicusideas.com/meetings or by contacting the
City Attorney’s Office at maguayo@chulavistaca.gov.
I declare under penalty of perjury that I am
employed by the City of Chula Vista in the
City Attorney’s Office and that I caused the
document to be posted according to Brown
Act requirements.
Dated: ______ Signed: ______________ 1/14/21
ITEM 2 ATTACHMENT 1
Chapter 2.01 CVMC
2.01.010
2.01.020
2.01.030
2.01.040
Chapter 2.01
CODE OF ETHICS
Sections:
Establishment of the code of ethics.
Application of the code of ethics.
Code of ethics.
Severability.
2.01.010 Establishment of the code of ethics.
Public office is a public trust and City officials shall exercise their public duties in a manner that preserves that
trust. The public’s trust can best be preserved if City officials adhere to a high standard of ethics that transcends
the standards prescribed by law. High ethical standards require that all City officials understand and avoid
unethical behavior. Unethical behavior can develop in a variety of situations, but it occurs when the public interest
is not the sole and paramount interest in all actions conducted by all City officials. The purpose of this chapter is to
encourage the highest standards of behavior by City officials, increase public confidence in City officials, to identify
and take appropriate action with respect to unethical behavior, and to assist City officials with decision-making in
areas of ethical concern. Accordingly, the code of ethics is hereby established. (Ord. 3264 § 1, 2013).
2.01.020 Application of the code of ethics.
The code of ethics shall apply only to City officials. “City officials” shall mean members of the Chula Vista City
Council, including the Mayor, the City Manager, the City Attorney, the City Clerk, board members and
commissioners, Assistant City Managers, City department heads, as well as ex-City officials who were subject to
this chapter. The Board of Ethics shall investigate violations of the code of ethics as set forth in Chapter 2.28
CVMC. (Ord. 3264 § 1, 2013).
2.01.030 Code of ethics.
The code of ethics is divided into two areas: guiding principles, as set forth in subsections (A) and (B) of this
section, and specific prohibitions, as set forth in subsection (C) of this section. The guiding principles are intended
to provide a set of principles from which City officials can draw upon to assist them in conducting the public’s
business. As such, the guiding principles are directory in nature and not subject to the complaint procedures set
forth in CVMC 2.28.090 through 2.28.150. The specific prohibitions are actions that City officials shall not engage
in, and, as such, are subject to the complaint procedures set forth in CVMC 2.28.090 through 2.28.150.
Ch. 2.01 Code of Ethics | Chula Vista Municipal Code Page 1 of 5
The Chula Vista Municipal Code is current through Ordinance 3494, passed November 3, 2020.
A. Guiding Principles. The public judges its government by the way City officials conduct themselves in the posts
to which they are elected or appointed. All City officials should conduct themselves in a manner that will tend to
preserve public confidence in, and respect for, the government they represent. The purpose of these guiding
principles is to encourage the highest standards of behavior by City officials, transcending the standards required
by law; increase public confidence in the City officials that serve the public; and assist City officials with decision-
making in areas of ethical concern. City officials, in the performance of their duties, should strive to adhere to the
following guiding principles:
1. City officials are agents of public purpose and hold office for the benefit of the public. As such, City
officials have a duty to act in the best interests of the public. City officials must strive to protect the public’s
resources through diligent and judicious management.
2. City officials should not engage in, permit, or condone fraud, but should be proactive to identify fraud and
seek to correct the causes that lead to the fraud. Fraud in public service includes, but is not limited to, making
false or misleading representations about a material fact or engaging in deceitful conduct.
3. City officials should not engage in, permit, or condone waste, but should be proactive to identify waste
and seek to correct the causes that lead to the waste. Waste in public service involves the extravagant,
careless, or needless expenditure of City funds, or the consumption of City property, that results from
deficient practices, systems, controls, or decisions.
4. City officials should not engage in, permit, or condone abuse, but should be proactive to identify abuse
and seek to correct the causes that lead to the abuse. Abuse involves the improper use of City resources,
including abuse of position, authority, or resources such as tolls, vehicles, or other City property.
5. City officials must be loyal to the public they serve and should put the public’s interests above their
personal interests.
6. City officials must protect and enhance the image and reputation of the City.
7. City officials must treat all citizens conducting business with the City with due courtesy, efficiency, and
impartiality, and no one citizen shall receive special advantage.
8. City officials must always be mindful of the public trust and confidence in the exercise of their assigned
duties and shall refuse to condone breaches of public trust or improper attempts to influence the decision-
making process.
9. City officials must always be mindful of conflict of interest laws and abide by them.
10. City officials must be aware of all their financial interests, thereby ensuring that such financial interests
do not influence their conduct or actions.
11. City officials should avoid an appearance of a conflict of interest when possible. Recusal or abstention is
appropriate when a good faith determination has been made by the City official that such action is required.
However, elected officials subject to this chapter are reminded that they are elected to conduct the public’s
business and should not abstain or recuse themselves without cause.
Ch. 2.01 Code of Ethics | Chula Vista Municipal Code Page 2 of 5
The Chula Vista Municipal Code is current through Ordinance 3494, passed November 3, 2020.
12. City officials are expected to abide by all local, state, and federal laws.
13. The City values the ability of the boards and commissions to provide honest, forthright, learned, and
independent advice to the City, thereby fostering greater public input into the conduct of City government.
Accordingly, while City officials may attend City board and commission meeting, City officials should be
mindful that their actions, whether intentional or not, may unduly impair or influence the boards’ and
commissions’ ability to provide honest, forthright, learned, and independent advice to the City and, therefore,
City officials should avoid such actions.
B. Additional Guiding Principles for Board of Ethics Members. In addition to the guiding principles set forth in
subsection (A) of this section, Board of Ethics members should adhere to the following:
1. A Board of Ethics member that is a candidate for elected office should not engage in political or campaign
activity that is inconsistent with the independence, integrity, or impartiality of the Board of Ethics, including,
but not limited to, commenting on complaints that have been before or may appear before the Board of
Ethics or endorsing another candidate for any elected office using their title as current or former Board of
Ethics member. A reference by a Board of Ethics member, in their own campaign materials, that they are or
have been a member of the Board of Ethics alone does not violate this guiding principle.
2. A Board of Ethics member should conduct their outside activities so as to minimize the risk of conflicts
with their duties as a Board of Ethics member.
3. A Board of Ethics member should perform their duties impartially. To accomplish the aforementioned
guiding principle, a Board of Ethics member should refrain from participating in a matter before the Board of
Ethics when they have a personal interest in the matter or, outside of a Board of Ethics meeting, have
advocated, supported, or taken a position on that matter.
C. Specific Prohibitions. It is prohibited and shall be deemed unethical for a City official to engage in one or more
of the following actions:
1. Accept gifts, favors, or promises of future benefits, which might compromise or tend to impair
independence of judgment or action.
2. Use their Official Title or Position for Personal Gain. Personal gain includes, but is not limited to, situations
wherein a City official solicits or accepts items of value in consideration of their official title or position. This
section does not include obtaining benefits that are otherwise authorized by law.
3. Divulge confidential information for personal gain or for the gain of associates in a manner contrary to
the public interest or in violation of any law.
4. Use or permit the use of City resources including but not limited to funds, seals or logos, City time,
personnel, supplies, equipment, identification cards/badges or facilities for unapproved non-City activities,
except when available to the general public, provided for by administrative regulations or policies, or
approved by City Council.
Ch. 2.01 Code of Ethics | Chula Vista Municipal Code Page 3 of 5
The Chula Vista Municipal Code is current through Ordinance 3494, passed November 3, 2020.
5. For current City officials, appear on behalf of the private interests of third parties before the Council or
any board, commission or proceeding of the City; nor shall members of boards, commissions, and other
advisory boards appear before their own bodies or before the Council on behalf of the private interests of
third parties on matters related to the areas of service of their bodies, except for limited exceptions, as
provided for in Fair Political Practices Commission Regulations, including Section 18702.4.
6. No ex-City official (not including former elected City officials) for a period of one year after leaving office
or employment shall, for compensation, act as an agent or attorney for, or otherwise represent, any other
person by making oral or written communication before any City administrative office or agency or officer or
employee thereof, if the appearance of communication is made for the purpose of influencing any action or
proceeding involving the issuance, amendment, awarding, or revocation of a permit, license, grant, or contract
for the sale or purchase of goods or property.
7. No former member of the City Council, including the Mayor, shall be eligible to appear as a compensated
representative at any time before the Council, or any commission, board, or City staff in connection with any
case or other matter with which he/she personally participated while an official or employee of the City for 12
months following the date of separation from elected or appointed office, except by permission of the City
Council finding on four-fifths vote that special identified and articulated circumstances exist, cast at a regular
public meeting taken after the involved member of the City Council has left office. Such special identified and
articulated circumstances include, but are not limited to, determinations that it is in the best interest of the
City to permit such representation, that the former Councilmember, including the Mayor, is uniquely qualified
to appear on the matter, or it is impractical to require another representative to appear on the matter.
8. Endorse or recommend for compensation any commercial product or service in the name of the City or in
the employee’s official capacity within the City without prior approval by a City Council policy.
9. Violate Government Code Section 87100 related to financial interests and governmental decisions made
by them. If a complaint is filed with the Board of Ethics alleging a violation of this subsection, the Board of
Ethics recognizes that the Fair Political Practices Commission (“FPPC”) is the primary enforcement authority of
the Political Reform Act and that their decisions should be given great weight. As such, if a complaint is filed
concurrently, then the Board of Ethics may defer action on such allegation, as set forth in this chapter. If a
complaint is not filed concurrently, the Board of Ethics may submit a complaint to the FPPC and defer action
until such complaint is addressed by the FPPC. A ruling on the merits by the FPPC may be accepted as a
finding of the Board.
10. No City official shall coerce any of their subordinates or any other City employee to participate in an
election campaign, contribute to a candidate or political committee, engage in any other political activity
relating to a particular party, candidate, or issue, or to refrain from engaging in any lawful political activity. A
general statement encouraging another person to vote does not violate this prohibition.
11. No City official shall display campaign materials in any City-owned vehicle under their control and
operated by that City official. Campaign materials include, but are not limited to, bumper stickers, signs, or
other similar items.
Ch. 2.01 Code of Ethics | Chula Vista Municipal Code Page 4 of 5
The Chula Vista Municipal Code is current through Ordinance 3494, passed November 3, 2020.
The Chula Vista Municipal Code is current through Ordinance 3494, passed November 3, 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
12. No City official shall aid and abet another City official to violate the specific prohibitions enumerated in
this subsection, nor shall they aid and abet any person to engage in conduct that would constitute a violation
of the specific prohibitions enumerated in this subsection on their behalf.
13. No City official shall negotiate for employment with any person, firm, or organization at the same time
that aforementioned person, firm, or organization has a matter pending before City Council, board or
commission, or a City department and upon which the City official must act or make a recommendation. (Ord.
3264 § 1, 2013).
2.01.040 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. 2.01 Code of Ethics | Chula Vista Municipal Code Page 5 of 5
The Chula Vista Municipal Code is current through Ordinance 3494, passed November 3, 2020.
ITEM 2 ATTACHMENT 2
Chapter 2.28 CVMC
2.28.010
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 3494, passed November 3, 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 3494, passed November 3, 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 3494, passed November 3, 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 3494, passed November 3, 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 3494, passed November 3, 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 3494, passed November 3, 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 3494, passed November 3, 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 3494, passed November 3, 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 3494, passed November 3, 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 3494, passed November 3, 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 3494, passed November 3, 2020.
The Chula Vista Municipal Code is current through Ordinance 3494, passed November 3, 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 3494, passed November 3, 2020.
ITEM 3 ATTACHMENT
BOE LOBBYIST ORINANCE
DRAFT
1-15-2020 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 2.55 OF THE CHULA VISTA MUNICIPAL CODE TO ADD LOBBYIST REGISTRATION AND REPORTING REQUIREMENTS
WHEREAS, [INSERT TEXT]
NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows:
Section I. Chapter 2.55 of the Chula Vista Municipal Code is amended as follows:
Chapter 2.55
LOBBYIST REGISTRATION AND REPORTING
Sections:
2.55.010 Title
2.55.020 Findings and Declarations2.55.030 Purpose of the Lobbyist Requirements.
2.55.035 Lobbyist Defined
2.55.040 Definitions.
2.55.050 Activities Not Considered Lobbying.
2.55.060 Lobbyist- Annual Registration and Reporting.
2.55.070 Lobbyist- Identification.
2.55.080 Lobbyist- Prohibited Activities; Restriction
2.55.090 Administration by the City Clerk.
2.55.100 Enforcement.
2.55.105 Board of Ethics Review
2.55.110 Implementation Date.
CHAPTER 2.55
2.55.010 Title.
This Chapter shall be known as the Lobbyist Registration and Reporting Requirements of the City of
Chula Vista, and may be referred to herein as the Lobbyist Requirements.
2.55.020 Findings and Declarations.
The City Council of the City of Chula Vista finds and declares as follows. The People of the City of Chula
Vista have the need and right to know the identity of Lobbyists who attempt to influence the decisions of
City government and the means employed by them to advance their employer’s interests. Full disclosure
of Lobbying activities of such persons and the identity of their employers will contribute to public
confidence in the integrity of local government. Full disclosure is also necessary to ensure that City
officials are kept informed about the identity of persons whose interests the Lobbyists represent.
2.55.030 Purpose of the Lobbyist Requirements.
The purposes of the Lobbyist Requirements are to maintain a fair and open decision-making process in
City government and to ensure that the public and City officials have full knowledge of Lobbying
activities that have been brought to bear on any Municipal Decision.
2.55.035 Lobbyist Defined.
A. A “Lobbyist,” unless exempt under section 2.55.050, means any Person who is employed,
retained, or otherwise engaged for Compensation to Lobby, on behalf of a Person or
Organization, any Designated City Official, either individually or collectively.
2.55.040 Definitions.
Unless a term is specifically defined in this section or the contrary is stated or clearly appears from the
context, the definitions set forth in the Political Reform Act of 1974, Government Code sections 81000
et seq., shall govern the meaning of terms. Any term herein expressed in the plural may also apply to the
singular. The following terms shall have the meanings set forth herein:
A. “Client” means any Person or Organization that employs, retains, or otherwise engages a Lobbyist,
including one employed by a Lobbying Business, for Compensation to engage in Lobbying.
B. “Compensation” means any economic consideration provided in exchange for services rendered or to be
rendered in the future, including, without limitation, salary and wages, stipends, payments, promises to
perform or provide goods or services, fees, contingency fees, success fees, bonuses, or awards. To satisfy
the requirements of being a Lobbyist under Section 2.55.035, Compensation, as defined herein, must be
provided, in whole or in part, as remuneration for engaging in Lobbying.
C. “Designated City Official” means any of the following:
(1) The Mayor;
(2) Any Councilmember;
(3) Mayor and Councilmember staff members responsible for advising or reporting to the
Mayor or Councilmember on policy matters or Municipal Decisions (including Chiefs of Staff,
community liaisons, policy aides);
(4) A City board or commission member of the following boards or commissions: Board Ethics,
Civil Service Commission, Planning Commission, [Add others as necessary];
(5) The City Manager;
(6) The City Attorney;
(7) The City Clerk;
(8) Deputy or Assistant City Manager;
(9) Any City Department Director; or
(10) the Zoning Administrator, when acting as the decision maker in a Chapter 19 land use
decision requiring a public hearing by the Zoning Administrator.
Designated City Official shall also include the Mayor or councilmembers acting as the governing body for
any governmental entity such as, but not limited to, the Successor Agency, Housing Authority, or Finance
Authority. Designated City Official shall further include any City representative to any joint powers
authority to which the City is a party and the joint powers authority does not have a separate lobbying
registration requirement.
D. “Direct Communication” means talking to or communicating with a person, either by telephone or cell
phone (including “Skype” or “Facetime”) or in person, or corresponding with a person, either in writing, by
electronic transmission (including, but not limited to, emails, text messages, direct messaging via social media,
or “Twitter,” “Instagram” or “ Facebook” type medium), or by facsimile machine.
E. “Enforcement Authority” means the attorney assigned as special counsel to enforce the provisions of this
Chapter as set forth in Section 2.55.100 of this Chapter. The Enforcement Authority shall be selected by the
Board of Ethics from the same panel of special counsel chosen by the Board of Ethics, in accordance with Board
of Ethic’s selection and assignment policy, to act as the enforcement authority for the City’s Campaign
Contribution Ordinance set forth in Chapter 2.52. The aforementioned Board of Ethics special counsel panel
shall remain in place for the purposes of assigning a complaint to the Enforcement Authority until the Board of
Ethics replaces it with a new panel.
F. “Lobby” or “Lobbying” means to influence or attempt to influence a Municipal Decision of the City of
Chula Vista by Direct Communication, in public or in private, with any Designated City Official, either
individually or collectively, including as part of City Council or any committee, board, task force, or other
body of the City. Lobbying includes providing information, statistics, analysis, studies, or petitions to a
Designated City Official.
G. “Lobbyist Business” means any individual, business entity, trust, corporation, or partnership that
employs a Lobbyist to Lobby for a Client.
H. “Municipal Decision” means:
1. The drafting, introduction, consideration, reconsideration, adoption, defeat, repeal, or
veto of any ordinance or resolution;
2. The amendment of any ordinance or resolution;
3. A report recommending City action by a City staff member or City consultant to a
Designated City Official;
4. A contract approval by City Council or the City Manager, except as otherwise permitted
by Section 2.55.050.
5. Quasi-judicial decisions, including, but not limited to:
a. Any decision on a land development permit, map, or other matter decided by the
City Council or City board or commission pursuant to the Municipal Code;
b. Any grant, denial, modification, or revocation of a permit or license under the
Municipal Code; and
c. Any declaration of debarment under the municipal code; and
6. Any other decision or direction by the City Council or a City board or commission, as
defined in Section 2.55.040(C)(4).
I. “Organization” means any business entity, trust, corporation, partnership, association, committee or
any other organization or group of individuals acting in concert.
J. “Person” means any individual.
2.55.050 Activities Not Considered Lobbying.
The following activities shall not be considered Lobbying for purposes of this Chapter:
A. Any City official, or any federal, state or local elected or appointed official, acting
in his or her official capacity; any employee, consultant or contractor of the City, acting within his or her
scope of employment for the City; or employee of any federal, state or local governmental entity, acting
within the scope of his or her federal, state, or local governmental entity employment.
B. Any newspaper or other periodical of general circulation, book publisher, radio or television station
(including any individual who owns, publishes, or is employed by any such newspaper or periodical, radio
or television station) which in the ordinary course of business publishes (including via internet or other
electronic medium) news items, editorials, or other comments, or paid advertisements, which directly or
indirectly urge legislative or administrative action if such newspaper, periodical, book publisher, radio or
television station or individual, engages in no further or other activities in connection with urging
legislative or administrative action other than to appear before the City Council or any commission, body
or board in support of or in opposition to such action.
C. Any person whose sole activity includes communications with Designated City Officials except
the Mayor, City Councilmembers, or Mayor and Councilmember staff members described in
Section 2.55.040(C)(3) regarding the following:
1. To submit a bid on a competitively bid contract;
2. To submit a written response to a request for proposals or qualifications;
3. To participate in an oral interview for a request for proposals or qualifications; or
4. To negotiate the terms of a contract or agreement with the City once that person has been
selected pursuant to a bid, request for proposals or qualifications, or by other means of selection
recognized by law.
D. A person whose communications are solely related to the establishment, amendment,
administration, implementation or interpretation of a collective bargaining agreement or a
memorandum of understanding or memorandum of agreement between the City and a recognized
City employee organization or any communication required under the Meyers-Milias-Brown Act.
Included in this Subsection is the representation of a City employee by an attorney or other
representative in a disciplinary matter, including representation at an administrative interview,
Skelly meeting (in accordance with Skelly v. State Personnel Board (1975) 15 Cal.3d 194), or
appeal of discipline.
E. Any person who communicates with the City Attorney regarding legal matters or actual or
potential litigation in any court or other legal forum.
F. Any person who communicates with a City employee, who is not a Designated City Official,
on interpretation or implementation of existing land use plans and laws with respect to a land use
project, including project processing.
G. Any person who communicates with the Development Services Department Director or
Assistant Director of the Development Services Department on interpretation or implementation
of existing land use plans and laws , including for an approved project, and which do not involve
communications regarding amendments to the City’s General Plan, Specific Plans, or zoning
changes.
H. The provision of purely technical data or analysis by an expert, so long as the expert does not
otherwise engage in a Direct Communication for the purpose of influencing a Municipal Decision.
This subsection is intended to be interpreted in a manner consistent with Title 2, Section 18239(d)
(3) (A), of the California Code of Regulations. Experts include, but are not limited to, persons
who are trained as architects, engineers, designers, statisticians, accountants, economists, or similar
professions.
I. An owner of a business or residence who communicates regarding his or her own business or
residence with a Designated City Official. An owner, as used this section, means any person
with a controlling interest in his or her own business or residence.
J. Any person, who otherwise meets the definition of Lobbyist, but solely engages in Lobbying
activity at any meeting of the City Council or any commission, committee, board, task force, or
other body of the City open to the public.
K. Any person who engages in a De Minimis Act of Lobbying. A De Minimis Act of Lobbying
means an unplanned communication regarding a Municipal Decision or Decisions and which
would be considered lobbying, but lasts no longer than a total of a minute and does not involve
any discussion or discussions on whether the Designated Official supports or opposes the
Municipal Decision or Municipal Decisions discussed.
2.55.060 Lobbyist-Annual Registration and Reporting Requirements.
A. Registration. A Lobbyist must register with the City Clerk five (5) days before any scheduled
Lobbying, but in no event no later than ten (10) after engaging in Lobbying.
B. Annual Registration Renewal. A Lobbyist must renew his or her registration by January 15 of
each year unless he or she has terminated his or her status as a Lobbyist pursuant to Subsection I of this
Section on or before January 15.
C. Registration Fees. Persons subject to the registration requirements of this Chapter must pay a
fee for cost recovery for administration of this Chapter. The fee shall be established by the City
Council in the Chula Vista Master Fee Schedule. The applicable annual registration fee is due at the
time of registration or registration renewal, and will be deemed delinquent thereafter.
D. Late Fees. Delinquency fees shall be assessed if any required registration or reporting
requirement or payment of any fee occurs after the due date according to the provisions of Section
1.41.100 of this Code by the City Clerk or, if a complaint is filed pursuant to Section 2.55.100,
by the Enforcement Authority. Notwithstanding Section 1.41.100(D), if a late fee is assessed
pursuant to this Subsection, the late fee shall be $20 per day until the violation is corrected, with
a maximum late fee of $600 imposed by the City Clerk, in addition to any fines or fees imposed
by the Enforcement Authority.
E. “Good Cause” Waiver of Fines for Late Filing or Payment of Fees. The City Clerk
may waive late fees issued by the City Clerk upon a showing of good cause. To request a
waiver, the Lobbyist must provide in writing, under penalty of perjury, the reason for the
late filing that establishes good cause to the City Clerk and include documentation
supporting the claim for good cause. Good cause, includes, but is not limited to
incapacitation for medical reasons, hospitalization, accident involvement, loss or
unavailability of records due to unforeseen and unpreventable event, or other similar
legitimate reasons beyond the Lobbyist’s control. Reasons not considered good cause,
include, but are not limited to: not receiving a notice of registering or reporting
requirements or applicable deadlines; not being available to sign forms; not sending or
filing with the proper official; not knowing where to get forms or reports; not having
complete information by filing deadline; secretarial error; or other similar reason.
F. Required Annual Registration Report. With the initial registration and any
subsequent renewal, each Lobbyist must file a registration report with the City Clerk. The
registration report shall be in a format prescribed by the City Clerk and must contain the
following information:
1. The name, business address, email, and telephone and fax numbers of the Lobbyist
required to register under this Chapter. The Lobbyist must also provide the name, business address,
email, telephone number, and fax numbers of their Lobbyist Business employer, if any. The
Lobbyist must file an amended registration report with the City Clerk, in writing, within fifteen (15)
days, of any change in business address, email, or telephone or fax numbers.
2. The name, business address, email, telephone and fax numbers of each Client,
Person, or Organization on whose behalf Lobbying activities are being conducted. The Lobbyist
must also describe the nature of each client's or Person’s or Organization’s business and the
Municipal Decision that the Lobbyist is seeking to influence on behalf of the client or Person or
Organization.
G. Supplemental Registration Reports. Lobbyists must file supplemental registration reports
with, and in a format, prescribed by, the City Clerk five (5) days before any scheduled lobbying, but
in no event no later than ten (10) of Lobbying on behalf of any Person or Organization who was not
listed on the Lobbyist's initial or annual report. Supplemental reports must contain the information
as specified in Subsection F of this Section.
H. Quarterly Reports Summarizing Lobbyists Activities. Lobbyists must file quarterly reports
with, and in a format prescribed by, the City Clerk, on or before April 15, July 15, October 15 and
January 15, for the prior calendar quarter.
1. Quarterly reports must contain the following information regarding their Lobbying activities with
each Designated City Official:
1. The Designated City Official with whom the Lobbying occurred; and
2. For whom the Lobbying was conducted; and
3. A brief description (no more than twenty (20) words required) of the subject of
the Lobbying; and
4. With regard to the subject of the Lobbying, whether there was a single act or
multiple acts of Lobbying and the approximate total amount of time spent
Lobbying per subject in increments set forth in Subsection 5, below.
5. Time spent Lobbying shall be reported in increments of:
(i) One (1) hour or less;
(ii) More than one (1) hour, but less than five (5) hours ;
(iii) More than five (5) hours, but less than ten (10) hours; or
(iv) More than ten (10) hours.
2. Any Lobbyist that discovers incomplete or inaccurate information in a quarterly report filed
under this Section, shall within ten (10) days of the discovery, file an amended quarterly report
with the City Clerk disclosing all information necessary to make the report complete and
accurate.
I. Termination of Lobbyist Status. A person or entity that was registered as a Lobbyist shall be
deemed to be a Lobbyist for purposes of this Chapter until such time as that person or entity files a
declaration with the City Clerk attesting to the termination of Lobbying services within the City, along
with a final report summarizing their Lobbying activities as set forth Subsection H, beginning with the
day after the period end on the most recent report filed through the termination date. If the Lobbyist had
not filed their first quarterly report, the final report will cover the date they first were required to register
through the termination date. The declaration and final report must be executed on a form prescribed by
the City Clerk for that purpose, and must be filed with the City Clerk within thirty (3) days of the
termination of a Lobbyist status.
J. Updates Required Upon Notice from City Clerk. The City Clerk may, but is not
required to, notify a Lobbyist to file an amended registration, registration renewal, quarterly
report, or supplemental report pursuant to this Section as a courtesy. When any person is so notified
by the City Clerk to file an amended registration, registration renewal, quarterly report, or
supplemental report pursuant to this Section the Lobbyist must provide the information within the
time period specified in the notice from the City Clerk. Failure to receive notification from the City
shall not excuse compliance with, and shall not be a defense to any action to enforce, the provisions
of this Chapter.
K. Under Penalty of Perjury. All documents and reports required of a Lobbyist under this
Chapter must be signed and submitted under penalty of perjury.
2.55.070 Lobbyist-Identification.
When appearing in a Lobbying capacity at any meeting with a Designated City Official or at a
public meeting of the City Council or any other City board or commission, the Lobbyist must
identify himself or herself and the Client that he or she represents. In addition, at any public meeting
of the City Council or any other City board or commission, a Lobbyist must disclose on the record,
prior to addressing the City Council or any other City board or commission, whether they have
engaged in Lobbying activities within thirty days (30) of the public meeting with Designated City
Officials that are present at the public meeting on a matter on the agenda for that public meeting,
including public comment, by stating that they have met outside of the aforementioned public
meeting with Designated City Officials (naming each one). For example, the above disclosure
may be made as follows: “John Doe, appearing on behalf of Jane Doe on item X and for the record
I have had contact with Councilmembers X and Y on this matter within the last thirty (30) days
before this meeting.”
2.55.080 Lobbyist-Prohibited Activities; Restriction
A. No Lobbyist shall engage in Lobbying unless he or she is registered with the City Clerk, as required
by Section 2.55.060, is current with any required reporting, and has paid any and all fees and fines
required or imposed pursuant to this Chapter.
B. No person convicted of a criminal violation of this Chapter may act as a Lobbyist or
otherwise attempt to influence Municipal Decisions for Compensation under this Chapter for two
years after such conviction.
2.55.090 Administration by the City Clerk.
The City Clerk shall:
1. Subject to review and approval by the City Attorney, create all forms and
explanatory materials, and adopt all reasonable and necessary policies or procedures to
implement this Chapter. The City Clerk may require electronic filing of registration,
required reports, complaints, or other documents.
2. Provide yearly reports to the Mayor and City Council on the following: (1) Lobbyist
registrations; (2) pending complaints and enforcement proceedings under this Chapter; and (3),
if determined appropriate by the City Clerk, provide any recommendations for amendments of
this Chapter to improve administration of this Chapter. Press releases summarizing the contents
of the reports may be prepared and distributed with the respective reports by the City Clerk
3. Accept all filings required by this Chapter. The City Clerk shall inspect or cause
to be inspected all filings for completeness and may refuse to accept any filing that is incomplete or
from which the required information is missing or omitted. The City Clerk has the authority to
notify, or cause to be notified, any person submitting an incomplete filing to file an amended
registration, quarterly report or supplemental report and the date upon which it must be filed. Any
person so notified by the City Clerk must comply as directed.
4. The City Clerk shall accept complaints of violations of this Chapter and refer them to the
Enforcement Authority in accordance with Section 2.55.100, with a copy to the City Attorney’s
Office.
5. The City Clerk shall refer to the Enforcement Authority any person who has failed to file
any required registration, report, or amendment, or make payment of any fee or fine,
following two notices being sent by the City Clerk.
6. The following records shall be preserved by the City Clerk and be available for public
inspection as a public record and audit for a period of four years from date of filing of
the records with the City Clerk: (1) required registration forms; (2) required quarterly
reports; (3) written violation complaints filed with the City Clerk or submitted to the
Enforcement Authority by the City Clerk, City Manager, or City Attorney; and (4)
written decisions regarding the aforementioned violation complaints dismissing a matter
or imposing a remedy as provided for in this Chapter.
2.55.100 Enforcement.
A. The Enforcement Authority, as set forth in this Section, shall be responsible for the
investigation and prosecution of alleged violations of this Chapter, including making referrals to
the District Attorney’s Office for criminal prosecution.
B. Complaints of violations of this Chapter must be: (1) in writing on a form prescribed by the
City Clerk; (2) sworn under penalty of perjury by the complainant; and (3) filed by either (i) an
owner or operator of a business located in the City of Chula Vista or (ii) a resident of the City of
Chula Vista. The complaint shall be filed with the City Clerk and include evidence to the
satisfaction of the City Clerk that the complainant is (i) an owner or operator of a business
located in the City of Chula Vista, or (ii) a resident of the City. The complaint shall state a full
recitation of all facts that are alleged to constitute a violation of this Chapter. If a complaint does
not comply with these requirements, the City Clerk shall not forward the complaint to the
Enforcement Authority, but shall instead notify the complainant and provide the basis as to why
it is insufficient for filing.
C. After receipt of a complaint that complies with Subsection B of this Section, within five (5)
business days, the City Clerk shall forward the complaint to the Enforcement Authority for a
probable cause determination. Within thirty (30) calendar days of receiving the complaint from
the City Clerk, the Enforcement Authority shall determine if probable cause exists that Sections
2.55.060, 2.55.070, or 2.55.080 were violated. If no probable cause is determined to exist, the
complaint shall be dismissed summarily and involved parties shall be notified of the dismissal in
writing. The above time frames are directory, not mandatory, and shall not be a basis to dismiss
a complaint.
D. If probable cause is determined to exist, the Enforcement Authority, in their discretion, shall
determine whether civil or criminal remedies are appropriate as follows:
1. If the Enforcement Authority determines that civil or administrative remedies are
appropriate, the Enforcement Authority shall refer the complaint to the City Attorney, who, in
turn, shall forward the complaint to the next Enforcement Authority on the special counsel panel,
who will then take further investigatory and procedural steps necessary to resolve the matter. If
the subsequent special counsel, upon further investigation or review, determines that criminal
prosecution is warranted, they may refer the matter to the District Attorney.
2. The Enforcement Authority may refer a violation for criminal prosecution after
consideration of the following factors: (1) whether the violation was knowing or willful; (2) the
severity of the violation; (3) the frequency of violations; (4) efforts to correct violations; (5)
whether the violation was negligent or inadvertent; or (6) other considerations the Enforcement
Authority determines is relevant in their decision making process. The aforementioned
consideration of factors is directory, not mandatory, and shall not constitute a defense to any
criminal charges brought under this Chapter nor preclude the initiation of any criminal
prosecution. If the Enforcement Authority determines that criminal prosecution is appropriate,
it shall refer the matter to the City Attorney, who, in turn, shall forward the complaint to the
District Attorney for further handling. Violations of this Chapter forwarded to the District
Attorney for handling shall not be subject to any further action by the Enforcement Authority.
F. The special counsel, serving as the Enforcement Authority, may investigate and may institute
legal action to compel compliance or to prevent further violations of this Chapter. If the
allegation contained in the complaint is also a violation of state law, the Enforcement Authority
shall not investigate but, rather, shall forward the complaint to an appropriate enforcement
agency.
G. Criminal prosecution for violations of this Chapter must be commenced within one (1) year
after the date on which the violation occurred.
H. Civil prosecution for violation of this Chapter must be commenced within four (4) years after
the date on which the violation occurred. No administrative action alleging a violation of any of
the provisions of this Chapter shall be commenced more than four years after the date on which
the violation occurred. If the person alleged to have violated a provision of this Chapter engages
in the fraudulent concealment of his or her acts or identity, the four-year period for civil and
administrative actions shall be tolled for the period of concealment. For purposes of this
subdivision, “fraudulent concealment” means the person knows of material facts related to his or
her duties under this Chapter and knowingly conceals them in performing or omitting to perform
those duties, for the purpose of defrauding the public of information to which it is entitled under
this Chapter.
I. If the District Attorney determines that no violation occurred, the Enforcement Authority, who
referred the matter to the District Attorney, may review the complaint and, if necessary, conduct
further investigation to determine if there is probable cause to find that the complainant
committed perjury. If such probable cause exists, the enforcement authority shall forward the
complaint to the District Attorney for prosecution for perjury.
J. The Enforcement Authority may consult with the City Clerk, City Manager, or City Attorney
on matters, including but limited to, the complaint, this Chapter, or City practices or procedures.
K. Special counsel, serving as the Enforcement Authority, shall be immune to liability for
enforcement of this Chapter.
L. If a violation of this Chapter is observed by the City Clerk, City Manager, or City Attorney,
they may file a complaint in writing and refer the matter to the Enforcement Authority for
enforcement and prosecution. The requirements of Subsection B of this Section shall not apply
to a complaint filed pursuant to this Subsection L.
M. The following remedies shall be available for violations of Sections 2.55.060, 2.55.70, or 2.55.080 of
this Chapter:
1. Criminal Penalties. Any person who violates Sections 2.55.060, 2.55.070, or 2.55.080 is guilty
of a misdemeanor and is subject to the provisions of Chapter 1.20 of this Code;
2. Civil Actions. The enforcement authority may bring a civil action against any person who
violates Sections 2.55.060, 2.55.070, or 2.55.080 of this Chapter, and/or may seek injunctive
relief in the courts to enjoin violations of or to compel compliance with the provisions of this
Chapter; or
3. Administrative Remedies. In addition to or in lieu of civil action, the provisions of
Section 1.41.100 [Administrative Citations] of this Code are applicable to any violation
of Sections 2.55.060, 2.55.070, 2.55.080 of this Chapter. The Enforcement Authority may
issue a written warning for minimal or inadvertent violations as an administrative
remedy. Appeals pursuant to Chapter 1.40 of an administrative fine issued under this
Subsection (M) (3) may be heard by a hearing officer selected by the City Manager.
2.55.105 Board of Ethics Review.
A. The Board of Ethics shall review the below listed information provided by the City Clerk and
prepare an annual report to be presented to the City Council and available to the public regarding
the following:
1. Number of Lobbyist, Lobbyist Business, and Clients, including an analysis of the extent of
Lobbying conducted by each;
2. An analysis of the types of Municipal Decisions, issues, or matters Lobbied upon, including
which and to what extent Lobbyist, Lobbyist Businesses, and Clients Lobbied (or engaged a
Lobbyist) to influence Municipal Decisions, issues, or matters;
3. An analysis of fees or fines imposed, including the basis for such fines and fees, if waivers
were provided and basis for such waiver, and the identification of Lobbyist that have
repeated fines or violations;
4. An analysis of Complaints filed, including types of violations and actions taken by the
Enforcement Authority;
5. Any other matter that the Board of Ethics determines is pertinent to the administration of
this Chapter; and
6. Recommendations regarding improving administration of this Chapter.
Prior to the issuance of the aforementioned annual report, the BOE shall conduct a public hearing to
receive information regarding the administration of this Chapter. Information from the public
hearing may be included the annual report. The report shall be issued on or before March 15 of
each year and shall cover the preceding calendar year.
B. The City Clerk shall provide to the Board of Ethics the following information on a quarterly
basis:
1. Registration Reports;
2. Quarterly Reports;
3. Information regarding fines and fees assessed; and
4. Information regarding complaints of violations
2.55. 110 Implementation Date.
The registration, reporting and other requirements of this Chapter shall apply to Lobbying occurring on
or after December 1, 2018, referred to as the Implementation Date. Lobbying that occurs prior to the
Implementation Date of this Chapter shall not be considered for purposes of the registration,
reporting and other requirements of this Chapter.
Section II. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for
any reason held to be invalid, unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionality shall not affect the validity or enforceability of the remaining portions of the
Ordinance, or its application to any other person or circumstance. The City Council of the City of
Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase
of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses
or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented By: Approved as to form by: _____________________________________ ____________________________________ [INSERT DEPARTMENT HEAD NAME] Glen R. Googins
[INSERT DEPARTMENT HEAD TITLE] City Attorney
Board of Ethics
Meeting Time: 01-20-21 17:15
eComments Report
Meetings Meeting
Time
Agenda
Items
Comments Support Oppose Neutral
Board of Ethics 01-20-21
17:15
13 1 1 0 0
Sentiments for All Meetings
The following graphs display sentiments for comments that have location data. Only locations of users who have commented
will be shown.
Overall Sentiment
Board of Ethics
01-20-21 17:15
Agenda Name Comments Support Oppose Neutral
3. PRESENTATION AND DISCUSSION ON PROPOSED LOBBYIST
REGISTRATION ORDINANCE AND EX PARTE COMMUNICATIONS
POLICY
1 1 0 0
Sentiments for All Agenda Items
The following graphs display sentiments for comments that have location data. Only locations of users who have commented
will be shown.
Overall Sentiment
Agenda Item: eComments for 3. PRESENTATION AND DISCUSSION ON PROPOSED LOBBYIST REGISTRATION ORDINANCE
AND EX PARTE COMMUNICATIONS POLICY
Overall Sentiment
Joyce Malveaux
Location:
Submitted At: 6:42pm 01-20-21
Submitting a test comment.