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HomeMy WebLinkAbout04.14.2022_BOE Agenda Packet �4'�,1 "01 cn),(9 CH M ABTA Board of Ethics SPECIAL MEETING OF THE BOARD OF ETHIC'S � Date: Thursday, April 14, 2022 Time: 5:15 p.m. Location: City Hall, Bldg. #A, Executive Conference Room #103 276 Fourth Avenue, Chula Vista The Board of Ethics has transitioned back to holding live, in-person meetings. Public Comments: Public comments may be submitted to the Board of Ethics in the following ways: • In-Person comments during the meeting. Join us for the Board of Ethics meeting at the time and location specified on this agenda to make your comments. Please visit www.chulavistaca.gov/boardmeetings for current mask requirements and other safety protocols. • Submit an eComment. Visit www.chulavistaca.gov/boardmeetings, locate this meeting, and click on the comment bubble icon. Click on the item you wish to comment on, and then click on "Leave Comment." The commenting period will close one hour before the meeting. All comments will be made available to the Board and the public. • Mail or email comments. Submit comments via email to BOE(a-chulavistaca.gov or by mail to Board of Ethics, 276 Fourth Ave, Chula Vista, CA 91910. Please send comments early; written comments received within one hour of the meeting may not be distributed until the following day. Accessibility. Individuals with disabilities are invited to request modifications or accommodations in order to access and/or participate in a Board of Ethics meeting by contacting the City Attorney's Office at BOE(aDchulavistaca.goov (California Relay Service is available for the hearing impaired by dialing 711) at least forty-eight hours in advance of the meeting. Pages 1. CALL TO ORDER 2. ROLL CALL Board Members Barragan, Chinn, Salzmann, Teel, Torres, and Chair Guerrero 3. PUBLIC COMMENTS Persons may address the Board on any subject matter within the Board's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Board from discussing or taking action on any issue not included on the agenda, but, if appropriate, the Board 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/boardmeetings. or submit an electronic comment per the instructions on page one of this agenda. 4. ACTION ITEMS The Item(s) listed in this section of the agenda will be considered individually by the Board and are expected to elicit discussion and deliberation. If you wish to comment on one of these items, you may do so at www.chulavistaca.gov/boardmeetincL. or submit an electronic comment per the instructions on page one of this agenda. 4.1. Approval of September 1, 2021 Special Meeting Minutes and September 15, 4 2021 Regular Meeting Minutes Recommended Action: Approve Minutes 4.2. Written Communications 12 Communication from Board Member Stephanie Teel requesting an excused absence from the March 16, 2022 Board of Ethics meeting. 4.3. Review of Additional Evidence and Statements Provided to Board of Ethics in 13 Regard to Complaint 2022-01 A, and Discussion and Action to Determine Whether Additional Information is Needed 4.4. Discussion and Action to Determine Probable Cause Hearing Process and Procedures for April 20, 2022 Hearing in Regard to Complaint 2022-01-A OTHER BUSINESS 5. STAFF COMMENTS 6. CHAIR'S COMMENTS 7. BOARD MEMBERS' COMMENTS 2022-04-14 BOE Agenda Page 2 of 25 8. ADJOURNMENT to the regular meeting on April 20, 2022 at 5:15 p.m. Materials provided to the Board of Ethics related to any open-session item on this agenda are available for public review by contacting the City Attorney's Office at BOE(a)chula vistaca.ccio v. 2022-04-14 BOE Agenda Page 3 of 25 MINUTES OF A SPECIAL MEETING OF THE BOARD OF ETHICS OF THE CITY OF CHULA VISTA September 1, 2021 Via Teleconference 5:15 p.m. Pursuant to the Governor of the State of California's Executive Order N-29-20, and in the interest of public health and safety during the COVID-19 pandemic, members of the Board of Ethics and staff participated in this meeting via teleconference. All votes were taken by roll call. CALL TO ORDER A Special Meeting of the Board of Ethics ("BOE') of the City of Chula Vista was called to order at 5:22 p.m. by Vice-chair Teel in Executive Conference Room C-103, located at 276 Fourth Avenue, Chula Vista, California and by teleconference. ROLL CALL PRESENT: Members Chinn, Salzmann, Torres and Vice-chair Teel ABSENT: Members Barragan and Guerrero ALSO PRESENT: Deputy City Attorney III (DCA) Silva, Legal Assistant Malveaux, and Legal Assistant Marisa Aguayo PUBLIC COMMENTS Vice-chair Teel called for a two-minute pause to allow members of the public to submit any final electronic public comments. Secretary Malveaux announced that no electronic comments had been received and no comments had been received via email. ACTION ITEMS 1. APPROVAL OF MINUTES OF APRIL 21, 2021 Board Members reviewed minutes and discussion ensued. ACTION: Member Salzmann stated that the minutes did not fully record the BOE complaint that was heard because there was no information about the subject of the complaint nor what was discussed. He then made a motion to provide additional information. The motion was not seconded and, as such, failed. Vice-chair Teel called for a two-minute pause to allow members of the public to submit electronic comments on the item. Secretary Malveaux announced that no electronic comments had been received and no comments had been received via email. Page 1 I Board of Ethics Minutes September 1,2021 2022-04-14 BOE Agenda Page 4 of 25 ACTION: Member Chinn moved to approve the minutes of April 14, 2021. Member Torres seconded the motion, and it carried, by the following roll call vote: 4-0-0-2. Yes: 4 —Members Chinn, Salzmann, Vice-chair Teel and Torres No: 0 Abstain: 0 Absent: 2—Members Guerrero and Barragan Member Salzmann is to submit a memo to include language regarding the complaint he would like to include in the minutes at the next meeting. 2. DISCUSSION AND ACTION ON BOE COMPLAINT 2021-05-A, INCLUDING CONDUCTING PRIMA FACIE REVIEW OR OTHER ACTIONS PURSUANT TO CHULA VISTA MUNICIPAL CODE(CVMC) SECTIONS 2.28.090 AND 2.28.110 DCA Silva discussed the complaint and explained that the BOE could refer the complaint to the FPPC, who has expertise on the subject of the complaint. Vice-chair Teel called for a two-minute pause to allow members of the public to submit electronic comments on the item. Secretary Malveaux announced that no electronic comments had been received and no comments had been received via email. ACTION: Member Torres moved that the BOE submit complaint and all supporting documentation to the FPPC. Member Salzmann seconded the motion, and it carried, by the following roll call vote: 4-0-0-2. Yes: 4 —Members Chinn, Salzmann, Teel, and Torres No: 0 Abstain: 0 Absent: 2—Members Guerrero and Barragan 3. DISCUSSION AND ACTION ON BOARD OF ETHICS SUMMARY OF ACTIVITY REPORT, INCLUDING APPROVAL OF REPORT AND/OR AUTHORIZATION OF CHAIR TO WORK WITH STAFF TO COMPLETE REPORT Page 2 1 Board of Ethics Minutes September 1,2021 2022-04-14 BOE Agenda Page 5 of 25 DCA Silva presented and shared the Board's yearly accomplishments. Vice-chair Teel called for a two-minute pause to allow members of the public to submit electronic comments on the item. Secretary Malveaux announced that no electronic comments had been received and no comments had been received via email. ACTION: Vice-chair Teel moved to approve Chair to work with City Attorney's Office to complete required BOE Summary of Activity Report. Member Torres seconded the motion, and it carried, by the following roll call vote: 4-0-0-2. Yes: 4 —Members Chinn, Salzmann, Teel, and Torres No: 0 Abstain: 0 Absent: 2—Members Guerrero and Barragan 4. DISCUSSION AND ACTION TO NOMINATE AND APPOINT BOE MEMBER TO AD HOC COMMITTEE TO NOMINATE BOE APPLICANT TO SERVE ON BOE PURSUANT TO CVMC 2.25 DCA Silva presented. Vice-chair Teel called for a two-minute pause to allow members of the public to submit electronic comments on the item. Secretary Malveaux announced that no electronic comments had been received and no comments had been received via email. ACTION: Member Torres moved to allow Vice-chair Teel to serve on Ad Hoc Committee to nominate BOE applicant(s) to serve on the BOE. Member Salzmann seconded the motion, and it carried, by the following roll call vote: 4-0-0-2. Yes: 4 —Members Chinn, Salzmann, Teel, and Torres No: 0 Abstain: 0 Absent: 2—Members Guerrero and Barragan 5. STAFF PRESENTATION ON"POLITICAL ACTIVITIES" WITH THE MEANING OF THE CALIFORNIA GOVERNMENT CODE DCA Silva presented. Page 3 1 Board of Ethics Minutes September 1,2021 2022-04-14 BOE Agenda Page 6 of 25 ACTION: There was no action taken on this item due to lack of quorum. Member Chinn logged out of meeting at 6:55 p.m. This item will be continued to next regularly scheduled meeting on September 15, 2021. OTHER BUSINESS 1. STAFF COMMENTS STAFF REPORT REGARDING NEED TO SELECT ENFORCEMENT AUTHORITY FOR 2022 ELECTIONS PURSUANT TO CVMC 2.52 DCA Silva informed the BOE that the September meeting would be the final meeting in the virtual platform and that October meeting would be live due to Governor's Order permitting on- line meetings was expiring. 2. CHAIR'S COMMENTS There were none. 3. BOARD MEMBERS' COMMENTS There were none. ADJOURNMENT At 7:05 p.m., Vice-chair Teel adjourned the meeting to a Regular Meeting on September 15, 2021, in City Hall, Building A, Executive Conference Room C-103, located at 276 4rh Avenue Chula Vista, California. Joyce Malveaux, Legal Assistant Page 4 1 Board of Ethics Minutes September 1,2021 2022-04-14 BOE Agenda Page 7 of 25 MINUTES OF A REGULAR MEETING OF THE BOARD OF ETHICS OF THE CITY OF CHULA VISTA September 15, 2021 Via Teleconference 5:15 p.m. Pursuant to the Governor of the State of California's Executive Order N-29-20, and in the interest of public health and safety during the COVID-19 pandemic, members of the Board of Ethics and staff participated in this meeting via teleconference. All votes were taken by roll call. CALL TO ORDER A Regular Meeting of the Board of Ethics ("BOE') of the City of Chula Vista was called to order at 5:15 p.m. by Chair Guerrero in Executive Conference Room C-103, located at 276 Fourth Avenue, Chula Vista, California and by teleconference. ROLL CALL PRESENT: Members Salzmann, Barragan and Torres, Vice-chair Teel and Chair Guerrero ABSENT: Member Chinn ALSO PRESENT: Deputy City Attorney III (DCA) Silva, Legal Assistant Malveaux, Legal Assistant Marisa Aguayo, and Susana Villegas, Southwest Strategies PUBLIC COMMENTS Chair Guerrero called for a two-minute pause to allow members of the public to submit any final electronic public comments. Secretary Malveaux announced that no electronic comments had been received and no comments had been received via email. ACTION ITEMS 1. PRESENTATION BY SOUTHWEST STRATEGIES, OUTREACH CONSULTANT TO THE REDISTRICTING COMMISSION ON CHULA VISTA REDISTRICTING EFFORTS Susana Villegas of Southwest Strategies presented and discussion by the BOE ensued. Chair Guerrero called for a two-minute pause to allow members of the public to submit electronic comments on the item. Secretary Malveaux announced that no electronic comments had been received and no comments had been received via email. Page 1 I Board of Ethics Minutes September 15, 2021 2022-04-14 BOE Agenda Page 8 of 25 DCA Silva commented that Charter section 300.5 governed the formation of the Districting Commission. DCA Silva advised he could forward additional information to members regarding the Districting Commission, including future meeting dates. DCA Silva was asked about adding additional councilmember/districts. Silva advised if additional council memb ers/di stri cts were to be added, a Charter change would be required. ACTION: There was none. 2. WRITTEN COMMUNICATIONS Communication from Board Member Isidro Barragan requesting an excused absence from the September 1, 2021, Board of Ethics special meeting. Member Barragan requested information regarding process for requesting excused absence. DCA Silva explained that members may request up to three (3) excused absences of regular meetings and detailed types of absences that may be excused. DCA Silva stated that member Barragan had contacted staff and advised that he would be unable to attend the September 1st special meeting. Member Barragan requested that his absence for the September 1st special meeting be excused because of medical appointment, which he had to schedule in the evening because of work commitment. Chair Guerrero called for a two-minute pause to allow members of the public to submit electronic comments on the item. Secretary Malveaux announced that no electronic comments had been received and no comments had been received via email. ACTION: Chair Guerrero moved that the BOE excuse the absence of Member Barragan for the September 1st meeting. Vice-chair Teel seconded the motion, and it carried, by the following roll call vote: 5-0-0-1. Yes: 5 —Members Salzmann, Teel, Barragan, Torres and Guerrero No: 0 Abstain: 0 Absent: 1 —Member Chinn 3. NOMINATION AND SELECTION OF BOARD OF ETHICS CHAIR AND VICE CHAIR DCA Silva commented that a Chair and Vice-chair is required to be selected annually and informed the BOE of the selection process. Page 2 1 Board of Ethics Minutes September 15, 2021 2022-04-14 BOE Agenda Page 9 of 25 Chair Guerrero called for a two-minute pause to allow members of the public to submit electronic comments on the item. Secretary Malveaux announced that no electronic comments had been received and no comments had been received via email. ACTION: Vice-chair Teel moved to continue nomination and selection of BOE Chair and Vice-chair until it is known whether City will continue video meetings or return to in-person meetings. Member Torres seconded the motion, and it carried, by the following roll call vote: 5-0-0-1. Yes: 5 —Members Salzmann, Teel, Barragan, Torres and Guerrero No: 0 Abstain: 0 Absent: 1 —Member Chinn 4. CONTINUATION OF STAFF PRESENTATION ON "POLITICAL ACTIVITIES," WITHIN THE MEANING OF THE GOVERNMENT CODE, FROM THE SEPTEMBER 1, 2021, BOARD OF ETHICS SPECIAL MEETING DCA Silva continued presentation from September 1st special meeting. Chair Guerrero called for a two-minute pause to allow members of the public to submit electronic comments on the item. Secretary Malveaux announced that no electronic comments had been received and no comments had been received via email. ACTION: There was none. OTHER BUSINESS 1. STAFF COMMENTS UPDATE ON SELECTION OF CAMPAIGN CONTRIBUTION ORDINANCE(CVMC 2.52)ENFORCEMENT AUTHORITY DCA Silva provided an update regarding selection of the Enforcement Authority pursuant to CVMC Section 2.52. DCA Silva explained that the ordinance is not enforced by City Attorney's Office and that the role of the City Attorney's Office is to assist the BOE in selecting the attorneys that would act as the Enforcement Authority prior to next election in June 2022. UPDATE ON BOE REFERRAL TO FPPC OF PRIOR ETHICS COMPLAINT DCA Silva explained that the FPPC was emailed the ethics complaint as directed by the BOE; that the FPPC confirmed receipt of the complaint; that the FPPC informed him that FPPC had previously received the same complaint; and someone was assigned to investigate the complaint. Page 3 1 Board of Ethics Minutes September 15, 2021 2022-04-14 BOE Agenda Page 10 of 25 2. CHAIR'S COMMENTS Chair Guerrero thanked Board Members for their participation and involvement; apologized for his absence at the September 1st meeting; and stated he would place his request for an excused the absence on the agenda for the next meeting. 3. BOARD MEMBERS' COMMENTS Member Torres expressed her appreciation for BOE Members and was thankful they were all still there through the pandemic. Member Barragan thanked Board Members for excusing his absence and wished for everyone to remain safe and healthy. Member Salzmann thanked DCA Silva for his ability to answer the many questions presented by the BOE. Member Guerrero and the Board Members all expressed thanks to DCA Silva. ADJOURNMENT At 6:28 p.m., Chair Guerrero adjourned the meeting to a Regular Meeting on October 20, 2 02 1, at 5:15 p.m. in City Hall, Building A, Executive Conference Room C-103, located at 276 4rh Avenue Chula Vista, California. Joyce Malveaux, Legal Assistant Page 4 1 Board of Ethics Minutes September 15, 2021 2022-04-14 BOE Agenda Page 11 of 25 REQUEST FOR EXCUSED ABSENCE City of Chula Vista Boards,Commissions,and Committees Name: Stephanie Teel Date of Absence: 3/16/2022 Board/Commission/Committee: Board of Ethics Chula Vista Municipal Code section 2.25.110 (C) allows board/commission/committee members, by a majority vote,to excuse a fellow board,commission,or committee member's absence from a meeting for any of the reasons listed below.A member who is absent from three consecutive, regular meetings will be deemed to have vacated his or her membership, unless the member's absence is excused by a majority vote of the other members.An absence is only recorded as"excused"upon receipt of a member's request and majority vote of the board/commission/committee to excuse the absence. Accordingly, if you have been absent from a regular meeting,please complete and submit this form to the chair or secretary. Please indicate the reason for the absence: ❑ 1. Illness of the member,family member of the member,or personal friend of the member; W] 2. Business commitment of the member that interferes with the attendance of the member at a meeting; 3. Previously scheduled vacation of the member, notice of which was provided to the respective board or commission in advance of the meeting; 4. Attendance of the member at a funeral, religious service or ceremony, wedding, or other similarly significant event; S. Unexpected,emergency situation that prohibits the member's attendance; or 6. Other reason for which the member has given notice to the secretary of his or her unavailability at least seven days in advance of the meeting. OR FThe absence was not for any of the above-listed reasons. I understand that the absence will be recorded as unexcused. I certify the reason for the absence indicated above is true and correct. Member's Signature: Date: If completed by secretary or staff to board/commission/committee: Completed on member's behalf by: Stephanie Necochea per member's Verbal ❑✓ Written request on: 3/24/2022 (secretary/liaison's name) (date) Request for Excused Absence Form—6/19 2022-04-14 BOE Agenda Page 12 of 25 From:Jill Galvez <jmgalvez@chulavistaca.gov> Sent: Wednesday, March 30, 2022 8:18 PM To: Stephanie Necochea <snecochea@chulavistaca.gov> Subject: Complaint no. BOE 2022-01-A : Part One, Constituent Communications Good afternoon, Stephanie, Thank you for allowing me to respond to the Ethics Complaint submitted by Ms. Delia Dominguez Cervantes. I am submitting a response in two parts, as the allegations refer to two distinctly different communications sent from two different platforms, with two different intents. Part One, Constituent Communications (this email), and Part Two, Campaign Marketing (email to follow). Part One, Constituent Communications For the past three years, I have sent a regular monthly newsletter with valuable information to my constituents. I have sent 39 monthly email newsletters. The return email address for these regular constituent communications is: Jmgalvez@chulavistaca.gov All replies to my regular email newsletter are public record and can be found on the city's server. All emails after March 13, 2020, were sent from the MailChimp free email platform. The free email platform is available to the general public when a subscriber list is less than 2000 subscribers. Here is a link to my past newsletters on the Mailchimp platform: https://usl9.campaign-archive.com/home/2u=el3ac94cedbd4ff6fca5ddcf3&id=f24ld3el16 Below/attached are screen shots to demonstrate what I have explained above. 1 2022-04-14 BOE Agenda Page 13 of 25 � aNdJ'a9ma%wiiaUwY' post ulw mms "rhi!m'amwl4wwr Aw W I ill KIE VV"I�DATE .rrwawhrrw ���+�� �°iar7a�aw iA !vada"bllmu VIII VI I ar � %iii rri ✓g%�rf� !"sur ��� wVrrw wr wmnasHr-.^w.. Anx,)I'rw 6mmawa°.waw ruaWrwwl s%,M ,UM,0*0 SWO Vksw$dwwW Qww ap wmttw wim 'm u'4 ruwamt marzur ri warm rrry urr ;!,aar A"ove"mmir S,,srxa 9"wA✓u�w,rw r'tl':rw°a uti PiN;+ca-arNwa+mmlw wws7f w»diaw wrr,w.�1x m✓�: wv rar d,ww✓xwpa';r w0,11",swr 0"0 em"'ft u4m w0.d'1,arwxaww w amnia,""ma awe"Mawr Parte U.,r V409""f „!d,,nW&,rm^rffm Pow rwwa„pomm a aua,*tivure..m wwB dadmi m "dr40"S C("A)m,wru;rol.Omer M 6,mwNv'h,"1,,N`,kd,",W,Yrt77,ih%h AM,Happy`xl¢lu,M NO rf", r lw,/,rlff,M%iftw 7a"&(wb(Awh e8 a"w p ,wrw-JGw.(fnr,%va��'�rfmwrrw�Ar„'.t ,Jphlr%4,s,,vy6,21022 Dear ia°mih jwe ChuW p Na d,ftws hand Froam^u , H wppy New Ye"ar,,, WS qxklly qwet his wrerauek rrr,Ch a Vus'lraa l"Wer"Wly wwur hemw the waaam,vxts 0 ttash tiram Awa pw � y ruaickljvthd ora yim” warm the'n raga yr4or°n bins,w"r!d of Courwe cw e Nock rr a!nh i tvmms. But as yrsarr l rwraz,llOw'v'px !Gwrt mvoce's c"ll',rl"d°y lona ^i-,ur,<n�"'Ir ✓maauwwaNr a^.aw a!T"ro w »vw;e777 77 MAT T aa,II war eau su Hw,,`tn: 2 2022-04-14 BOE Agenda Page 14 of 25 y�hdN.n,o�,,,n4o,r P o"NY'rk r"k,"Os WCP4nrakParmXaw !w G"Yq.iy"i Y i i Ali i I` r Here is an example of a return email from a constituent to my city council email (you can also find this on the city's server): 3 2022-04-14 BOE Agenda Page 15 of 25 Frani. yle'Y Mwt r Jbira,uaruy 6,20,22 at 2'18,'27 PIA PST Tbkr J10,GaAvez<'fl' eta , 'r,r�t',r rrit,ti�r'r), �Jg »* t blocgtr ChWa Vista,DiSUICA 2,January 2022 Newsl t lt, tear PA& a9' 7'„ t h,aradr y as se mucti Coat this,extr'camoliy, araeidor anrizo-td„,thoulgIat d'I y written, 00d importantly iinlo4'moti e oeveslotter l'rt ta,as answefed thie ra-ro^at 4ra ra”"It.rint uvstioo V hA,rsd barer°a tlhtralkrrg of askiibigkm I do riot taeiuleve d Inved o crecdiit arra my trash,hfifl,over thie year's our trash ser Vice, costs have nolo risen rirocdi The job, ulna by alae service ra era and,warr°aen iso tays'i al;ly to x1njo ,'they r°rerrrtd to stay Very adrrrrt" "bon II wvll a y unj� c;ho ll too'claor°its Sara(X*�'do'the servioor truck rd"ri or°s received,traita,ir g on whallo do in aye raowmone asked t,taOn for help. Ucause rtaey carne by,every,house,, tesactaor^s were ad;ade to inst,rruct chittdren that[I caseof ar"ryitaret'add m tdara'y had t1liat they ,ar d told ra service trock dfiver tti at hielpowrras raeertarrt aaryJ ttie truck cdnver would h rata by callrin,91 ioarra at'ataropr rate perscnr V 60evra they caaiiod it the dar""wlUtairatt dsarr,rds prrgrar°aa aridwid the truck War had'daanad s orb 1- I I yonderlid ddrat pro ira.rat wonted and r1h Here is a screen shot of MailChimp's pricing plan. Note that my account is the FREE plan (on the right): 4 2022-04-14 BOE Agenda Page 16 of 25 C'11 Sqplomt A Plan Prenlikill'i St anciz,,irci, I."roe l,pi Al fio h. *I,i"', V101", MOI', "OVIP"M( "u a, I Volt uo,,,, I l,'O p"'a aI $299f 159 $34 so dl-V,Il"i U!"VOI Here are the Mailchimp statistics from January 2022. Note the number of subscribers is less than 2,000. Also note the date the email was sent, and that it is a Mailchimp account. You can see that all of my newsletters from my imgaivez@chulavistaca.gov account have a Mailchimp logo on the bottom (because the content is free, Mailchimp advertises via the email): <. A t,vs Vji.adm�n mailc him,ptam Jill (")ralvez 1, istrict 2 Januai�y 2022 Newsletter ce, vle�,,v Ar.hyity � Chrk Peilolrmanc-n C',arlenf.Optimj"mi sac�,nE,cam"rVIV,re InEx'K AnoN,I ic'-060 I lit ep 0� il"', 1,786 Recipients, 193 5 20 1 e r Finally, I obtained both website and verbal advice from the FPPC about emails and email disclosures. 5 2022-04-14 BOE Agenda Page 17 of 25 As an elected official, I am allowed to communicate with my constituents via email per section 1, below, as emails are intangible: �e 1 ......... 4': ✓r L RaVII?I"t I f uN,u2 1" f h'!! ,Y"r'v"sir;,torrrrrro.r4rQ1! pxIYLr"rr."rr'jzV"re,. a,riv4"', i,";r'opmr"vawIyvMro j„the air„tl"«, d I o a>'aq tyrfeaor werr 441'"Wb m 'ryr g" ooy r, my ue"V~x!i,v,zea,tlda,r 5l;r's,"� N tly'00 Mnrr t a��u.,.;,e9�.,v,u v,�tl ..fru{Cdir�7r°0""Y rWreire�6,ar,",p ipra�,„�4ra. K„s ,rx"gRaP trf�mu'vir ttii°ir f.��v r,aia;,,r"krr ra9'!Nr�u,r�ai�" "PVkuC f.,�y" rfiw�etp'Zvi i`iry?'Y:gru a otlt.x ,���. �r,at;,�pt"e P,„ "'r'r,rua,t, iaha.� ,taelrti% �,ur�diurtn"g,"'udkt,i uarr+Y,"Nt vi,¢y'iNA9 �=;4 v "o� yr=�as.rip, M°kh Mailings are Pry hibit�-d rr Fi'ry,ily.,t ,� ,iu..Y;vov�rk�rr,vo+r tlNr-i3'rl�,o tk e„ip.ir urq�,a„",wt.!..a�,,up,JtNn f"�u %e.^o'emga w ,,o-,,"'k pv Ir,oui;: From:Jill Galvez<jmgalvez@chulavistaca.gov> Sent:Wednesday, March 30, 2022 8:41 PM To: Stephanie Necochea <snecochea@chulavistaca.gov> Subject: Complaint no. BOE 2022-01-A : Part Two, Campaign Marketing Good afternoon, Stephanie, Thank you for allowing me to respond to the Ethics Complaint submitted by Ms. Delia Dominguez Cervantes. I am submitting a response in two parts, as the allegations refer to two distinctly different communications sent from two different platforms, with two different intents. Part One, Constituent Communications (this email), and Part Two, Campaign Marketing (email to follow). Part Two, Campaign Marketing I am a candidate for Mayor, and have opened a campaign committee,Jill Galvez for Mayor 2022, FPPC ID 1440411. The California Fair Political Practices Commission requires that all communications from campaigns contain the disclosure, "Paid for by(Committee Name) FPPC ID (#)". The return email address for my campaign is: Jill@JiliGalvez.com All replies to my Mayoral campaign email newsletter are hosted on Gmail by Google, and my website is managed by Wix.com. On January 8th, I sent a mass email to a database of proprietary voter email addresses managed by PDI (Political Data Inc.). I paid for the mailing with my campaign account.There was a campaign disclosure of"Jill Galvez for Mayor 2022 FPPC ID 1440411" on the bottom of the email.The return address was Jill@JiliGalvez.com (not the city's server). None of my city council emails were imported into the proprietary PDI database of voters in Chula Vista, or vice versa. Below/attached are screen shots to demonstrate what I have explained above. The email list was large so the emails were broken up and paid for by my campaign account. Here are the two receipts from PDI: 1 2022-04-14 BOE Agenda Page 19 of 25 7�Vpw w"Morle 94%No,, Your Poli fleal Dala Inc molpt[#jja2=2,_4M A% Receipt from Pokal Data kic 4, C'111.Y yllk, ?"/M I AI W.I V,", w k Traf)"',St,,,Ax kk,,x6stt,, r"'I S I 8"S 2 Amount,O'sarged 114532 �l yevu f"'wrvi",arrry q�,oem t emA''o"aff, A,lf"f#,,N"MI vowv, ur;�Al, b'An'q Sr V)' 6 38,4641,� 2022-04-14 BOE Agenda Page 20 of 25 0110*0 wedmwso It 0 eeftical Dalat"s 118122 Tb-.JGalv(,, Your Poo ftical Data Inc receipt E#la.VAAMI w Receipt from Political Data VInc A"All'l Nr 4,V,X %,, ,, I MI,"1 0 VII P"'�flAIX WSA Amount Ourged ytxu f""awve omrry cuof',i r; ads "n"Iv%......... ,hvf'tvl' vvve'ev r.fl 2022-04-14 BOE Agenda Page 21 of 25 Olapm W44MW30 V 92%00 P'twind`un Cf,,P h)box This messa"is from a ma*ng hst x umut'llu"Abe From:JulOM > ................... Tbt Lvu> Trash Strike Update illidu"i IIIIIIII 11r r This uash strawe fmaspcmel Wl'"Male X0 Molf"fJ to arld thms f(Mw,a If 1r,dclau')AlAW 11 ur k'�'r'n"A*vap,yrouv tv/a-,P),fis;xA,,,,,kc4 up, Evftsy clay,"'lemporary,?"P'ash cfews""aref bc%(rg dkspozhed 6�)plw* up blaCk bin was 11 hujvtm tt"o ctv Marw�'pl Mat mur honwes,noad xcxY'plWif')?"N"Por,w"nod a wd fluOl W,If'I'scal"W'mh 'xpr pockup roll"J'uems' FIOOMW ONIVIIII ftbf,'IKAN'M.SA''�')rvuxrt d rww nowt tun h;x"J.lmr "aR the presont sAuxtWo is own0owly urweepLible, Evee unc,"o CVM"'*q'rT4w 1,711,Ux",duly tho ud"A'A It; 1, V vo I'tad NID vughep porynty thin mn to rxx'5'Pl fl"I'f'A wwl Vio cd hull In"A Ourcmgh""W"O tN)P,cd'y 4 2022-04-14 BOE Agenda Page 22 of 25 Roast ofrvANRjtj,,xAA St wevots,0I*�uno 11983twIpA,k gat 'r S*N,.°.Pw„fl% w"a«,4d%dt uao vl t m mma utrrutywr p rwwa:rvfwrza 1,'n”",thol, "I'y tfmwrm 01'e,it m "lomn,k Vilt irm" "'A")0 Wgyl w^, rmorilly t vvm W p uskr fix a sr ,Afffv)0Xrr a rout Mawr"osuu^mpfi n ve fief trash, pax,*-up thraatd hcuua The u,,tq. p have uwa"'A"wrrmot hurnwrw,r Of mwreow,itS mrr„w,am taa saws n Property Mau ,,ws,T yretiwtv)),, ,v ef"m"',,+ m a ty,aia�lro,,;OforWrm bec"Vole 011,00,taa sh ur a ueat blmfreq l iw'we&d vp. O have pefsonany'esc,utdme+ 'iw mo rf'ranY l w wKu'r, a,,no of thmur&e w'mum1!*",1s,p am tju,"xoluut ter 4tumne uw@am'u twaloo w p Cdfr"f t3he Dcmaama 7o*M1�0 t ul a tmral. e, ttaw 0110v4mp 0110r'crv,;;01i (41"'as w'd Pt 4,A&I. it is the city's tespan tem lllfty to onsumtrash hs pickodup every single wook,. no mattat what 0"/ 9,,,va III"art S pm,"m City "fK)rrr G wdd unmeA for Ove t'ura,b r s Sox""O 003 mpr A"m began We wwdJt be asking the tai°uAtfla wawa,&V The o"ey wJ xam qev Wtat irpq'a�tmms We have 0 RoqxAorvexfrs,OW tum k1h,huximv,urt Gupr,ar x"h,a WftWV 4,4 wwffi thea-mv,k trw. As Qv as t art peuJ m,i rrow°a 6rwteci„p mm rev +kmaaru and umwmwiaruwrmg Uartr &Lamm b,,"W r p*c,*-rmty ow irrt Nr memt trnontp, h%tfxp,nife i Qti&,w°ne,unto The rlMe'We,Is,Oo4Ve,VIhOO,RS'NO U)irCtullm°X3 GmUO Can precyra ng) rprrmrw c rr r , rt dr spo,Ap, a W049d App"ciate any f wwtba k, fm far"to fill*tA tht polf below so that p can take your cAmmmoorto City Cuff and RepAghdic Sr tm , mH Guuuuummi'�m " Itum1k,YCA a fiV,twmf„a pm,rmuma°fit. N m p'saivU,fi 1,V,. t Iraaf,um tt'ii+sf a tiara cm),wcvtrrmamrmot,er tl'twrat;'at Irnro:muMi r.6 ti„w`p Here is an example of a return email from a constituent to my city council email (you can also find this on the city's server): 5 2022-04-14 BOE Agenda Page 23 of 25 r WW"WIN N W#21%iml < %,/ TjrA*h S"S LWAU f2tj Ej C Fronx J41 GANO?2 oJiN,! 2,,cmiz, Dlaflw 11912,12 751AM(QMT- 0) Tw Jerome'Towres 54sk*ect,: TrxshStfirke Uodate Ki jeronle" "Which is,Wr Is now the queswian of 0w, Repub4ic ptornise4 blivile bin Ip4ck> p a w",k wid a haffago to the,Cl�ty Man and Own didmYt dainwer,th"zcAd m*,on friday that on4y black bins,un6h the strike Ys There rernainenlirle streams and: �n yrs whose traib hasn't bean picked Lip shce the 9tAke beqwi, streeltswith 601y,Ww, pickup.Soy nvstreos,havio sawn o4the sAreet picked up bul not the, othm" t holpe foi,the best,two;wesh*ruwA,I to 1"mm,from the,CktV Arlonwy aNxil conam,juionces,aptkm, sod ' ++ Ihave r met as r ssr rrbefowe ft,str*e begani. Jill Gwvez Candidale for Maym 0 Cft" is Vote,Ane,Z20,22 Jon 9,2022,,m 6*6 AM,Jerorne'Tories, wrote' Hi fill, $fee SOUT arfid@ tea v. Which is A?­Wffl recWiab*s,a yard wa,,gte be,picked up thls,,week w fxA,?, Lat%As kA*wl Thao*%, The Trash Strike Poll button took visitors to my www.JiliGaivez.com campaign website,to this link, paid for and maintained entirely by my Jill Galvez for Mayor 2022 campaign (with appropriate disclosures on the website): Finally, I obtained both website and verbal advice from the FPPC about emails and email disclosures for candidates who are also public servants.There are different rules for both, and I have kept and maintained a distinct wall between both campaign and day-to-day activities. I am happy to provide administrator access to my Wix website, my PDI political database, and/or my Gmail account to verify any of the information contained above in this e-mail. Thank you for reading Part Two of two parts of BOA 2022-01-A. 6 2022-04-14 BOE Agenda Page 24 of 25 Sincerely, Jill Galvez Councilmember, District 2 Northwest City of Chula Vista cell 2022-04-14 BOE Agenda Page 25 of 25