HomeMy WebLinkAbout2019_01_29 Open Govt. and Ethics presentation
0Good Conduct for Public Officialsand Discussions on Transparency andAB 1234 Training Simon Silva, Deputy City Attorney IIIPresented By: Glen R. Googins, City Attorney and January 29,
2019Chula Vista City Council Workshop RequirementsGovernment and Ethics California’s Open
1 III. Closing Remarks/Awards Quiz # 2 Due Process/FairnessTemptations Conflict of InterestII. Ethics\[PIZZA BREAK\]Quiz # 1Financial Disclosure (Form 700)Public Records ActBrown
ActOpen GovernmentI. Presentation Outline
Question #1 keyed the area’s economic turnaround? \[Name up to 3. One point a piece\]newly incorporated City of Chula Vista to near bankruptcy, after 1916 what crops After a long drought,
a deep freeze, a major flood and a record heatwave drove the 2
3 I. Open Government
4 limitedareExceptionsmakers-decisionsinputprovideopportunityandinformationaccessgivenbemustPublicconsideredbemattersandmeetingsalladvanceinnotifiedbemustPublicmeetingspublicactionstakeanddelibera
teonlycanagenciesLocalCore Principles54950, et. seq.§§ Cal. Govt. Code The Ralph M. Brown Act
5 Does not govern conduct of City staffBIDS and PBIDs per Streets and Highway Code–Regional Boards–limited exceptions for “ad hoc” subcommittees Committees of a legislative body, with
-Sub–Boards and commissions–City Councils and County Boards –membersApplies to all local “legislative bodies” and their Who is Subject to the Act?Application:
6 sponsorshipCityorattendancepublicwithoutorwithgatherings,informalIncludesNo action is required; “Mere” discussions qualifythe bodyan issue in the subject matter jurisdiction of –to
hear, discuss or deliberate –at the same time and place –of the members majorityAny congregation of a Definition of “Meeting”
7 majority of membersbetween employees or agents on behalf of a : communications Intermediary Communicationsquorum of members contacted) then member A or B to member C (until a communications
from member A to member B, : a chain of Serial Communicationsmails, between a majority of the members-: Written communication, including eWritings“meeting” include:Other forms of
communication constituting a What Else is a Meeting?
8 are “onboard” with a pending item.person that two other City Councilmembers A department head tells a City Council talked with so and so and he thinks. . .”One City Councilmember
to another: “I’ve copies to two other Planning Commissionersregarding their support for a project, with Email between two Planning Commissioners Examples of Each:
9 Quorum still can’t discuss city businessattendance to less than majorityOften advisable to notice the meeting or limit –Gray area: seek legal advice first(but can’t participate)Open,
noticed meeting of a standing committee –Social or ceremonial event–Open, noticed meeting of another legislative body–Open and publicized meeting of a local group–Conference open to
the public–Not a “meeting” if a majority of members attend:Meeting Exceptions
10 and members of the publicbetween less than a majority of members Individual contacts or conversations special meeting or setting an agendaCommunications for purposes of calling a
Attorney to all City Council MembersMemoranda from City Manager or City (cont’d)Meeting Exceptions
Question #2 government.the structure of city this historic change to Proposition Q making approval of Chula Vista voters Extra Credit: In 2008 they beat? Series final. Who did Little
League World behind victory in the with a come from on August 30, 2009 League thrilled us all Park West Little 11
12 and searchable.Starting January 1, 2019 posting must be prominent Note:City Council Agendas must also be posted on internetPosted and Mailed to Those RequestingDescription of Items
to be DiscussedIndicate location and time 24 hours Special Meeting−72 hours Regular Meeting−In Advance 1. Proper NoticeMeeting Rules
13 City Council meeting locations and actions.308 provides additional rules for §: City Charter NOTERemote attendance by teleconference possible. Location must be ADA accessible.litigation
when it would reduce legal fees or costsClosed session at legal counsel’s office regarding pending –A facility outside of the City, which is the topic of discussion–regulatory issueMeeting
with federal or state officials on a legislative or –No meeting facility within the jurisdiction–Multiagency meeting–Inspect property outside of city–Comply with a law or court order–City,
unless a specific exemption appliesMust be held within the jurisdictional boundaries of the 2. Qualified Location\[Meeting Rules\]
14 to actnotbetter If any question about adequacy of description, (approval, direction, etc)Should reference what is sought regarding the item −words)to be considered (generally need
not exceed 20 Agenda must include a clear description of each item −upontimely posted agenda can be discussed or acted Only items listed and clearly described on 3. What You Can Talk
About\[Meeting Rules\]
Agenda Heading Example #1 15 Discuss Arts Master Plan Not so good:Possible Funding Sources for Same“Black Box” Theater and Club at the Vogue, and Master Plan to Add a Proposal for a
West Side Resolution Recommending Amendments to City Arts Good:\[Cultural Arts Commission\]
Agenda Heading Example #2 16 Better?EXPENDITURES IN CERTAIN CATEGORIESBUDGET TO CHANGE TIMING OF MEASURE P SPENDING PLAN AND FY18/19 CONSIDER PROPOSED AMENDMENT OF Good/Bad?FY19 PLAN
REALLOCATIONS\[Measure P Citizen’s Oversight Committee\]
17 postedwasagendatheafteraroseneedofknowledgeagencyandexistsactionimmediatetaketoneedthedeterminesvote)5of4(thirds-TwoUrgency–or;stoppage)workmajororact,terroristdisaster,naturalcrippling.g.(e;exist
s“emergency”determinesvoteMajorityEmergency–:ExceptionsLimited.k.ostatementorquestionresponse,Briefagendafutureaconsiderationforand/orstafftoitemrefertoisactionappropriateonlyOtherwise,agendathenotma
ttersactiontakeordeliberatediscuss,consider,Cannot Talk AboutCannot4. What You \[Meeting Rules\]
\[Meeting Rules\]18 Many gray areas. Seek City Attorney adviceStaff created Citizen/Business Committees also exemptLimited duration: ideally 6 months or less–parties rd 3Cannot have
members of other legislative bodies or other –subject matterDoes not have continuing jurisdiction over a particular –the appointing body; andComprised solely of less than a quorum of
the members of –A true “Ad Hoc” Subcommittee–Limited Exception or decision makingApplies whether the body is permanent or temporary, advisory formal action of a legislative bodycommittees
and other bodies created by charter, resolution or The Act generally applies to all boards, commissions, 5. Subcommittees
Question #3 this new found love for our neighbor to the south?Vista and crossed the border into Tijuana. What event of that same year inspired On July 4, 1920 an estimated 65,880 people
and 12,654 cars came through Chula 19
20 54957.6)§Labor Negotiations (−Evaluation/Discipline/Dismissal/Release \[54957(b)\]Public Employee Appointment/Employment/Performance −Threat to Public Safety/Services \[54957(a)\]−54956.95)§Liabil
ity Claims (−Anticipated Litigation \[54956.9(b)\]−54956.9(a)\] §Existing Litigation \[−54956.8)§Price and Terms (–Real Property Negotiations −54956.7)§(License/Permit Determination
for rehabbed criminal −doors to specified topics and circumstancesThe Act limits what can be discussed behind closed The Exception, Not the RuleClosed Session:
21 Only go in on advice from legal counselTo discuss legal challenges to their decisions or remands Board of Ethics −Board of Appeals−Civil Service Commission−Planning Commission−Mobile
Home Rent Review Commission−circumstances by:Closed Session may be used in very limited No legal basis for closed sessionGeneral Rule for Most Boards and Commissions:Boards and CommissionsNot
Available to Most\[Closed Session\]
22 and disciplinary actionreferral to the grand jury, injunctive relief, Penalties for unauthorized disclosure include can authorize disclosureOnly a majority vote of the legislative
body vulnerabilities or settlement positions in litigationpositions in real estate and labor talks, and City Confidential information includes City negotiating −the sessionclosed session
cannot be disclosed outside Confidential information obtained during Confidentiality\[Closed Session\]
23 video recorder; take photographsAllowed to record the meeting with audio or provideaddress can be requested, but no obligation to name and “condition precedent” to attendanceCannot
be required to register, or fulfill any speak at meetingsPublic must be allowed to attend, observe and 1. AttendanceRights of the Public
24 the meeting location.meeting, documents must be made available at If distributed less than 72 hours prior to distributed to a majority of the boardAllowed to review agendas and other
documents 2. Access to Materials\[Rights of the Public\]
25 Current City Council time limit: 3 minutes.request item be placed on future agendaCan refer to staff for information; request a report back; No action or discussion can occur body
on any item of interest to the public within its purviewfor members of the public to directly address the legislative : Agenda must provide an opportunity agenda items-Non–time limit:
5 minutes.limits can be adopted by local agency. Current City Council : Comment must be allowed; reasonable time Agenda Items–Regular Meeting 3. Public Comment \[Rights of the Public\]
26 translation equipment is available.English speakers unless simultaneously -nonthe allotted time be provided for translation for As of January 1, 2017, AB1787 now requires twice –English
Speakers-Special Rule for Nonnot requiredagenda items is permissible but -Comment on non–Must allow comment on agenda items–Special Meeting Public Comment (cont’d)\[Rights of the Public\]
27 Fairness is keyDisruptive behavior does not have to be tolerated.–“right to present grievances” or “suggestions”City Charter Section 310 also expressly guarantees –Must be allowed.
–Criticisms and ComplaintsRules unless specifically advised by the City AttorneyBoards and Commissions should follow City Council Public Comment (cont’d)\[Rights of the Public\]
28 Loss of public trust Intends to deprive public of informationAttends meeting at which action taken violates the Act; andMember may be subject to misdemeanor penalties if:–Criminal
Penalties may recover fees if lawsuit is frivolous.Costs and attorneys’ fees may be awarded against agency; City –action takenProcedural requirements allow opportunity to cure and correct
–Injunctive or Declaratory Relief: to prevent future violations Invalidation Action: to void past actsCan be brought by any interested person or DA–Civil Remedies-Remedies and Penalties
-Violations of the Brown Act:
29 how and whenBrown Act applies, but no case law exists to clarify deny Public Access to Decision Making ProcessEmails, Texts, Tweets or Posts during meetings Process violations-Duedetermination“
and -Increased Risk of Bias “PreIncreased Risk of “Serial” Meetings Social Media and the Brown Act Emerging Area:
Good Post/Bad Post 30!”th application at a public hearing on January 15violates CEQA! Please join me in opposing their CUP and build a white water rafting park is absurd and River OtayCharles
Hatfield, LLC’s proposal to dam Not so good:Please come and share your views!”meeting. th Cannabis Businesses at our January 15“City Council will consider the tax rates to be set
for Good:
31 advance whenever possible.--If unclear, seek advice from City Attorney’s office 8.When in doubt, don’t act;7.handedly)-more vs. less; apply rules evenDon’t forget to allow for public
input (err on the side of 6.staff for future discussions with consensus of your board;Don’t discuss items not on agenda; instead, refer them to 5.Brown Act parameters;Review Agendas
in advance of meeting and think about 4.you;media) that state final positions on matters pending before Refrain from public statements (including use of social 3.council/board colleagues,
or “reply all” on city business;Do not direct or cc emails to a quorum or more of your 2.council/committee/commission member’s views;Avoid sharing info about another 1.Brown Act CompliancePractice
Tips for
32 and integrity.public trust. Takes knowledge, discipline Compliance is key to earning and keeping attend and participate in the meetings.All persons have a right to be notified of,
must be conducted at Public Meetings. City Council, Board & Commission business Essence of the Brown Act Conclusion
33 ments/2016BCSecretaryHandbook.pdfhttp://cvinsider/CVDepartments/CityClerk/docuContact City Attorney or City Clerkwww.cacities.org/resources/publicationsPublic V: A Guide to the Ralph
M. Brown Act” League of California Cities Publication: “Open & ag.ca.gov/publications/brownact2003.pdfAttorney General Website Additional Resources
Question #4 built on Third Avenue in 1930. Name this masterpiece.the first of many Fiesta de la Luna Celebrations and an art deco masterpiece The depression of the 30’s was eased by
Chula Vista’s thriving Lemon industry, 34
Public Records Act 35 Certificate!spread sheets, emails, Form 700s, even your AB1234 : Staff reports, memoranda, letters, maps, Examplespublic’s business, retained in course of business
containing information related to the conduct of the A “record” is any “writing” (broadly defined) right of every personbusiness considered “fundamental and necessary” Right to information
concerning conduct of people’s “Document Transparency”-public businessThe Public has the right to see records related to the Core Principles(Government Code Sections 6250 thru 6270)
\[Public Records Act\]36“Deliberative Process” Records may also be exempt− Can Redact Private/Confidential Information− or where request is “unduly burdensome”Don’t have to produce/provide
records that don’t exist − public benefit of disclosure v. need or rights to privacyGC 6255 involves a balancing of competing interests − trade secretsdata submitted by private parties
for licenses/permits, client privilege), police reports/rap sheets, financial -personnel files, privileged documents (i.e. attorneyGC 6254 lists exceptions such as: draft documents,
− ConstruedNarrowlyandlimitedareExceptionsExceptions
\[Public Records Act\]37 doesn’t exist and requester agrees in advanceCan’t charge for staff time unless creating a record that –records, but inspection is freecharge reasonable copy
fees before providing Can–Explain why records withheld–help requester formulate effective request–Provide record more quickly if you can –Additional duties include:attorney review.
voluminous, difficult to assemble or require Additional time may be allowed if Record requested request. A response must be provided within 10 days of Responsiveness Required
\[Public Records Act\]38 they relate to City business \[San Jose Case\]private email or cell phone are private if Don’t assume communications made via 3.Communicate carefully, especially
in emails 2.requestedBe prepared to promptly disclose records if 1.Practical Tips
Form 700 39 WebsiteCity’sonPublicthetoAvailableofficeleavinguponandyearly,office,assumingwhenClerkCitywithfiledandcompletedbemust700FormThe700FormaondoneisThisinformationfinancialspecifieddisclose
torequiredareemployees)levelmanagerandofficialsappointed(elected,OfficialsPublic\[Government Code Section 87200\]Financial Disclosure
\[Form 700\] 40 FPPC for guidanceRules can be complex. Consult Form Instructions or 10% interests or greater-Business entity ownership –Travel Payments–Gifts (more than $50 from any
one giver/calendar year)–Loans (except institutional loans) –Business Positions–Investments–Real Property (except primary residence)–Income (except govt. income)–some or all of the
following must be reported:Depending upon the public official’s “designation” Reporting Requirements
Resources 41/AB1234Complianceilg.org-www.caInstitute for Local Government:www.caag.ca.usCalifornia Attorney General: www.fppc.ca.govFair Political Practices Commission (FPPC):
Question #5 1949.historic document in approval of this for the City by voter Home Rule authority establishment of deal of all was the 40’s, but the biggest were big deals in the Rohr
and the Vogue The construction of 42
Open Government Quiz 43
II.44 Due Process5.Temptations/Perks4.Conflicts of Interest3.Incompatible Offices/Activities2. CV Code of Ethics1.ETHICS
Ethics 45 officials and employees. developed to govern the conduct of public Ethics laws and guiding principles have been respect. honesty, loyalty, selflessness, fairness, and Ethics
rules reflect ideal human traits: ourselves. Ethics are the rules by which we conduct Defined-
Ethics Challenges 46-Human Nature -
Ethics Challenges 47 judgementSome conflicts are not clear and you must use your -prohibited from actingWhere there is an actual legal conflict, you are -have a duty to actElected and
appointed officials (and senior staff), -Participation v. Recusalmust be paramountPublic’s interest —Competing Interests-The Balancing Act-
Ethics Challenges 48-Public Perception-
Question #6 Extra credit: How and where did he arrive?Which US President visited Chula Vista?49
Chula Vista’s 50 the City Official to a finding of misconductSpecific Prohibitions were meant to prohibit specific actions and, if violated, subject ”Specific Prohibitions”-CVMC 2.01.030(C)Assist
City Officials in their decision making process regarding ethical concernTranscend standards required by law-Set high standards of behavior sanctionsGuiding Principles were meant
to be aspirational in nature and do not result in “Guiding Principles”-CVMC 2.01.030(A)Prohibitions””Guiding Principles” and “Specific -into two categoriesIt established a code of ethics
which was divided Ethics\]In 2013 the City passed CVMC section 2.01 \[Code of Code of Ethics
“Guiding Principles”51or actions ensuring that such financial interests do not influence their conduct (9) City Officials must be aware of their financial interests, thereby •of the
City(6) City officials must protect and enhance the image and reputation •put the public’s interest above their personal interests. (5) City Officials must be loyal to the public they
serve and should •best interests of the public. . . .benefit of the public. As such, City Officials have a duty to act in the (1) City Officials are agents of public purpose and hold
office for the •2.01.030(A)—ensure ethics the decision making processGuiding Principles Intended to be goals/concepts to
Code of Ethics 52 If in doubt, ask for help3.do is for the benefit of the City and its residentsRemember all we -personally gain from your positioninterest above the public’s and that
you do not They focus on ensuring that you do not place your position where you do not violate any ethics laws. If you follow the Guiding Principles, you will be in a 2.Review the
Code of Ethics1.Practice Tips–
Incompatible Offices 53“Clash” of duties and loyalties–Second step: Are they incompatible?Does not apply to employment –First step: Are there two public offices?that are incompatiblesimultaneously
holding two public offices GC 1099 prohibits a person from (Government Code Section 1099)
Incompatible Activities 54 outside employment Commonly used to regulate City employee’s councilmemberGC 1126 does not apply to elective office such as and prohibit such employment/activityThe
local agency may define what is prohibited a local agency officer or employee. in conflict with, or inimical to his or her duties as compensation which is inconsistent, incompatible,
not engage in any employment or activity for GC 1126: A local agency officer or employee shall (Government Code Section 1126)
Common Law Bias 55 friend, or affiliated groupof, or potential impact upon a close family member, close may not be covered by the PRA), or the material involvement Typical “personal
interests” include financial interests (that to the publicpersonal interests could be placed above their duty of loyalty officials in a matter where there is a high likelihood that
their “Common law bias” prohibits actions or involvement by public opposed to statutes)“Common law” is law established by judicial rulings (as
Required Analysis 56 What would the headline read?-How close is the relation?-How material is the interest?-Factors to Consider:What a reasonable observer might think-for divided loyaltyWhat
you think and feel about the potential -Subjective and Objective Components
Nepotism 57 their family members to salaried positions Department Head/Appointing Authority of prohibits appointments by City Council or City Charter (Section 510) expressly which involve
family membersGenerally, should not participate in matters based on familial relationship. Nepotism is a form of common law bias
Question #7 Extra Credit: What year was it made and who produced and directed the film?What cult classic horror film was filmed, in part, at Gun Powder Point?58
Political Reform Act 59 is required. recusala conflict existson such economic interest, financial effect material the subject decision will have a that When it is .economic interesthas
a disqualifying governmental decision in which the official “Public Official” may not take part in any Under the Political Reform Act (“PRA”), a \[Government Code Section 87100 et
seq.\]
What is an 60 recusal.members in excess of $250 are economic interests and grounds for : Campaign contributions to sitting Board or Commission Howeverconsidered economic interests.
: Campaign contributions to City Councilmembers are not Exceptionliabilities of the official or immediate familyPersonal incomes, expenses, assets, or -Personal Financial Effects–Sources
of Gifts: Over $440 within 12 months of decision–Over $500 within 12 months of decision-Sources of Income–decision)Over $2,000 (or within 500 feet of subject of -Real Property Interest–Over
$2,000 interest or Management position-Business Entities–Economic interests include:“Economic Interest”?
FPPC Three 61 an FPPC opinion confirming its application is advisable.: Under the new rules, “public generally” exception is very difficult to apply; Notedefined in Regulation 18707\]conflict
and the public official must not participate. \[“Public generally” is public generally? If YES, then there is no conflict. If NO, then there is a public official’s financial interest
is indistinguishable from the effect on the Can the public official demonstrate that the material financial effect on the 3.Regulation 18702\]conflict. If YES, proceed to Step 3. \[“Materiality”
standards are found in Will the “reasonably foreseeable” financial effect be material? If NO, there is no 2.proceed to Step 2. \[“Reasonably foreseeable” is defined in Regulation 18701\]any
of the public official’s financial interest? If NO, there is no conflict. If YES, Is it “reasonably foreseeable” that the decision will have a financial effect on 1.part test to determine
of a conflict exists:-The FPPC has created a three Part Test -
PRA Practice Tips 62 basis for recusal and leave room. prior to matter being discussed, state -If recusing oneself6.includes influencing that decisionRemember making a decision is more
than voting, it is 5.When in doubt, seek assistance or consider recusal 4.If it does, recuse yourself3.economic interests?does the decision impact in any way my --2. Ask yourselfKnow
your economic interests 1. Practice Tips:
Prohibited Self Dealing in Contracts 63 This is a tricky area. Seek advice in advance Will I personally gain or benefit from this contract? -Ask yourself:Practice Tip manner.officer/employee
must recuse him/herself and not participate in any If there is a “remote interest” the contract can be made, but criminal offense and require resignation. Recusal is insufficient.
Contract is void. Participation may be making a contract in their official capacity if financially interestedBasic rule: Officer or employee may not make or participate in dealing-and
prohibits selfGovernment Code section 1090 deals with the making of a contract \[Government Code Section 1090\]
Temptations 64 BehestsCampaign ContributionsLoansTravel PassesTravel/Lodging/Reimbursement ExpensesHonorariaGiftsMass MailingsMisuse of Funds/Gift of Public FundsBribery
Bribery 65 to 15 years in Federal PrisonAlso, a violation of Federal law, which includes up office again. May also result in loss of retirement fines, and loss of office and ban from
holding -It is a felony, carries prison time (2exchange for your vote or action on any matter. to receive money or any other consideration in Bribery means requesting, accepting,
or agreeing \[Penal Code Section 68\]
Misuse of Public Funds/66 All public funds should be used for public purposes gifts of publics funds. California Constitution Article XVI, Section 6, prohibits holding public office
violators may be fined, sent to jail, and/or barred from Violations may be charged as felonies or misdemeanors; •machines, etc.compensated staff time, use of telephones, computers,
fax Public funds include: money, equipment, supplies, •or campaign activities 8314 make it unlawful to use “public funds” for personal Penal Code section 424 and Government Code section
Unlawful Gifts of Public Funds
Mass Mailings 67SB 45-New lawpublic funds for political purposes in Penal Code 424 and Govt. Code 8314communications. But still must be aware of prohibitions on use of office/ : No current
FPPC rule prohibits “mass” transmission of electronic Notemonth.More than 200 substantially similar items are sent in a single calendar 4.Any of the costs is paid for with public monies;
and3.official with the agency that produces or sends the mailing; Includes the name, office, photograph or other reference to an elected sends the mailing; orFeatures an elected
officer affiliated with agency which produces or The tangible item either:2.business, or post office box; Tangible item delivered, by any means, to a persons residence, place of 1.FPPC
regulations prohibits “mass mailings.” Mass mailings are:\[Government Code Section 89001\]
Question #8 68 for a new City program. What were they gathering information about?gathered important information about Chula Vista that formed the basis In the 1980’s a group affectionately
known as the “Street Walkers”
Gifts 69 in your capacity as a public official.in an annual report gifts you have received requires you to keep track of and disclose a designated public official, state law being unduly
influenced by gifts, if you are : To make sure you are not General Rule\[Government Code Sections 89503 et seq.\]
Gifts 70 aggregate value of gift(s) exceeds $50month reporting period on Form 700 if gifts received from a single source in 12 Designated public officials must report all General Rule:Reporting
Requirement–
Gifts 71 may not participate in such matterinterest in any matter involving the gift giver and you You are deemed to have a disqualifying criminal penaltiesYou have violated the PRA
and are subject to civil and If you accept gives in excess of the limit:years (current period ends 12/31/20)Current limit: $500 in 12 month period (adjusted every 2 receive from
any one source.There is also a limit on the value of gifts you may Limitations-
What is a gift?72 publicthe regular course of business to members of the anything unless the rebate or discount is made in A gift includes a rebate or discount in the price of equal
or greater value the official does not provide goods or services of an official that confers a personal benefit for which A “gift” is any payment or other benefit provided to
Gifts 73(But see special rules, below)Campaign Contributions Equal value gifts (friends commonly exchange), but be waryprovided by the organizationTwo tickets to a political or 501(c)(3)
organization fundraiser Gifts of hospitalityInformational MaterialPersonalized plaquesUnused ticketsGifts from family membersGifts returned within 30 daysExceptions-
Gifts 74 rules for travel giftsSee Discussions below regarding special (including travel within California) Some gifts of travel within the United States Prizes that result from a bona
fide competitionWedding giftsprohibition but reportableExemptions from limit –
Gifts 75 If you discover something you forgot, amend your 4.return. If close to reporting requirement, disclose it.Assume a higher value. If close to limit, decline or 3.: FPPC now
has an App.Noteand aggregate). (per gift reporting. What. From Whom. When. Value Keep track of gifts to facilitate and assure accurate 2.of the gift? Will it be seen as a bribe?
Be wary of gifts. How will the public see your receipt 1.Practice Tips:Practice Tips–
Honoraria 76 avoid violationCan give back or donate to City within 30 days to for certain specified professions—Exceptionsconference or meetingpublished, or mere attendance at an event
such as Honorarium is a payment for speech, article Honoraria prohibited to designated public officials\[Government Code Section 89502\]
Travel/Lodging/Reimbursement 77finance laws.provided they comply and are reported with applicable campaign campaign contribution and permissible campaign expenditure, A payment for travel
that constitutes a -Campaign ContributionTravel for official agency business paid by the agency. programs of purposes.the employee’s official duties for education, training, interagency
Payment from another state, local, or federal agency as part of Form 700): Exceptions to General Rule (not subject to gift limit or reporting on subject to reporting requirements
and limits.reimbursement for expenses are considered “gifts” under state law General Rule (treated as gifts): Payment for travel, lodging, and \[Government Code Section 89506\]Expenses
Travel/Lodging/Reimbursement 78(including foreign organization this is like a 501(c)(3))government) , educational institution, or 501(c)(3) Provided by government agency (including foreign
after); or within the U.S. (limited to day before, day of, and day Travel is in connection with a speech given by official : so long asgift limits of state, national, or international
policy not subject to Travel for legislative or governmental purpose or an issue –reported on Form 700): Exceptions continued (not Subject to Limit, but must be Expenses
Travel Gifts from Transportation 79 Pacific Railroad’s activities in 1900’sDates back to days of California Southern Violation will result in forfeiture of officeofficial businessApplies
regardless if travel is for personal or Applies to interstate or foreign carriersProhibition does not apply to employeescompaniesto certain “public officials” by transportation California
Constitution prohibits gifts of travel 7\]§\[Cal. Const. Art. XII, Companies Prohibited
Question #9 80 was Arturo Barrios?gained prominence. Who named after Arturo Barrios the Chula Vista Bayfront In the 1990’s an event at
Loans 81: Avoid loans from people or companies with City businessADVICEcollateral, and other termswriting, set forth the date of loan, the amount, interest rate, A personal loan of
over $500 to an elected official must be in Requirement for Written Loan Agreement:employees, or from parties with whom the City contractsCannot receive loans greater than $250 from
City:Prohibition on Loans Over $250institutions, or from close family members do not have to be : loans from commercial banks, lending ExceptionsAll Form 700 Filers must disclose
loans.:Disclosure Required
Behests 82 paymentDisclose required on Form 803 within 30 days of donors –Charitable, legislative, or governmental purpose–calendar yearDonor makes payments totaling $5,000 or more in
a –When solicited by an elected official–Disclosure requiredto a solicitation by an elected officialor legislative purposes on behalf of or in response When a person donates for charitable,
governmental, What is a “behest”?\[Government Code Section 82015\]
Gift Exceptions 83 Other prohibitions could still apply (e.g., bribery)“income” under the PRA for conflict of interest purposesSimilarly, campaign contributions are not treated as “gift”
under state law subject to reporting or limitsFor elected officials, a “campaign contribution” is not a Elected Officials Campaign Contributions–
Gift Exceptions 84 matterwithin 30 days of learning about the contribution and pending Participation may be permitted if the contribution is returned recuse himself/herself from participationIf
such a contribution is solicited or received, the member must months after the member’s decision on such item. the time period commencing 12 months before and ending 3 license, or
other entitlement pending before that member, during $250 when the contributor has an item involving a permit, member may solicit or receive “campaign contributions” over For board
and commission members running for office, no such Board and Commission members:Campaign ContributionsSpecial Rules for –
Campaign Contribution Rules 85 Municipal Code Chapter 2.52For Chula Vista’s local rules, see Chula Vista Beyond the scope of this presentationunder state and local lawseparate reporting
requirements and limits Campaign contributions are subject to Generally
Due Process 86 GenerallyCompetitive BiddingEntitlement to a Fair Hearing(Fairness)
Fair Hearing Requirements 87 Discouraged. However, disclosure at a minimum. -parte Contacts-Exhearing. Decision makers should not advocate for and express a position prior to the
decision evidence presented at hearing. maker and make -an opportunity to be heard, and an unbiased decisionAll interested parties entitled to “due process”, which includes proper
notice, Conditional Use Permit. Enforcement Case, and (2) Planning Commission or City Council decision on a Examples include: (1) Administrative hearing in an appeal of an Code
fact situation.like a jury in applying rules to a particular -Involves acting as a trier of factdetermination is being made.judicial” -uasiGenerally apply to government decisions
where a “qCommon Law Requirements:
Fair Hearing 88 permits \[CVMC Chapter 19.14\]Rules for applications and hearings on land use 3.and 1.41\]Enforcement Complaints \[CVMC Chapters 1.40 Rules for Administrative Appeals
of Code 2.\[Charter Sections 311 and 312\]Rules for adopting resolutions and ordinances. 1.Examples include:CodeMultiple requirements throughout the Charter and the Local Requirements–
Competitive Bidding Requirements 89 and 1010, and CVMC Chapter 2.56 City contracting rules contained in Charter Sections 1009 bidderContract goes to lowest, responsive, responsible
–Apply evaluation criteria consistently–Provide same information to everyone–Widely publicize the contract opportunity–Competitive bidding generally requires:local contracts require
some level of competitive biddingAlthough no “general rule” requiring, most state and
Question #10 Extra Credit: Which City did it surpass to become the second largest City in the County?In which US Census year did Chula Vista become the second largest City in the County?90
Post Employment 91 prospective employmenthe or she is negotiating, or has any arrangement concerning governmental decision directly relating to any person with whom making, or use
his or her official position to influence, any GC 87407 provides no public official shall make, participate in No Influencing Prospective Employment and Commission members CVMC 2.01.030(C)(6)
provides a similar prohibition for Board actionthe decision of the agency in an administrative or legislative before or communicating with their former agency to influence representing
any other person, for compensation, by appearing prohibited for a period of one year after leaving office, from GC 87406.3 provides Elected Officials and City Managers are No Lobbying
Rules
Post Employment 92 before you. employment relationship with the person or party you should not be seeking or have future When participating in any matter before you, that 2.lobbying
prohibitions applyBe aware that after leaving office compensated 1.Practice Tips:Practice Tips–
Concluding Thoughts 93 QUESTIONS?Complex World with Complex Rules: Seek Help!Treat people fairly–Obtain no personal gain from your position–Put the public’s interest above your own–Key
Principles
Ethics Quiz 94
Closing Remarks 95 Awards