HomeMy WebLinkAbout2022-04-20 BOE Agenda Packet
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Date:Wednesday, April 20, 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.
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click on the comment bubble icon. Click on the item you wish to comment on, and then click
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Mail or email comments. Submit comments via email to BOE@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
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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@chulavistaca.gov (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/boardmeetings. 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,
2021 Regular Meeting Minutes
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Recommended Action:
Approve Minutes
4.2.Written Communications 13
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
Regard to Complaint 2022-01-A, and Discussion and Action to Determine
Whether Additional Information is Needed
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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
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8.ADJOURNMENT
to the regular meeting on May 18, 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@chulavistaca.gov.
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Item 4.1 Attachment
September 1, 2021 Special
Meeting Minutes and
September 15, 2021 Regular
Meeting Minutes
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Page 1 | Board of Ethics Minutes September 1, 2021
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.
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Page 2 | Board of Ethics Minutes September 1, 2021
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
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Page 3 | Board of Ethics Minutes September 1, 2021
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.
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Page 4 | Board of Ethics Minutes September 1, 2021
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.
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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 4 th Avenue
Chula Vista, California.
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Joyce Malveaux, Legal Assistant
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Page 1 | Board of Ethics Minutes September 15, 2021
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.
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Page 2 | Board of Ethics Minutes September 15, 2021
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 councilmembers/districts 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 1 st
special meeting.
Member Barragan requested that his absence for the September 1 st 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.
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Page 3 | Board of Ethics Minutes September 15, 2021
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.
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Page 4 | Board of Ethics Minutes September 15, 2021
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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, 2021,
at 5:15 p.m. in City Hall, Building A, Executive Conference Room C-103, located at 276 4 th
Avenue Chula Vista, California.
____________________________________
Joyce Malveaux, Legal Assistant
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Item 4.2 Attachment
Request for Excused Absence
from March 16, 2022 meeting
submitted by S. Teel
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Item 4.3 Attachment
March 30, 2022 e-mails
submitted by Councilmember
Jill Galvez
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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://us19.campaign-archive.com/home/?u=e13ac94cedbd4ff6fca5ddcf3&id=f241d3e116
Below/attached are screen shots to demonstrate what I have explained above.
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
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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):
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Here is a screen shot of MailChimp’s pricing plan. Note that my account is the FREE plan (on the right):
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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
jmgalvez@chulavistaca.gov account have a Mailchimp logo on the bottom (because the content is free, Mailchimp
advertises via the email):
Finally, I obtained both website and verbal advice from the FPPC about emails and email disclosures.
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As an elected official, I am allowed to communicate with my constituents via email per section 1, below, as emails are
intangible:
I am happy to provide administrator access to my free MailChimp account to verify any of the information contained
above in this e-mail.
Thank you for reading Part One of two parts of BOA 2022-01-A.
Sincerely,
Jill Galvez
Councilmember, District 2 Northwest
City of Chula Vista
cell
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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@JillGalvez.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@JillGalvez.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:
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
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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):
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The Trash Strike Poll button took visitors to my www.JillGalvez.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):
https://www.jillgalvez.com/trash-strike
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.
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Sincerely,
Jill Galvez
Councilmember, District 2 Northwest
City of Chula Vista
cell
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Documents provided to the BOE
by Ms. Dominguez Cervantes at
the 4.20.22 BOE meeting
Documents provided to the BOE
by City Staff at the 4.20.22 BOE
meeting