HomeMy WebLinkAbout2022-11-16 BOE Agenda Packet w_presentation
Date:Wednesday, November 16, 2022
Time:5:15 p.m.
Location:City Hall, Bldg. #A, Executive Conference Room #103
276 Fourth Avenue, Chula Vista
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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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.
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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
day.
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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, Carmen Torres, Jose Torres, Velissaropoulos,
Davenport, Gersten, 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.New Commissioners Introduction
4.2.Board and Commission Procedures and Brown Act Training
4.3.Approval of April 20, 2022, May 12, 2022, and May 18, 2022 Meeting
Minutes
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4.4.Selection of Chair and Vice Chair for Fiscal Year 2022-2023
4.5.Preliminary Discussion and Possible Action on a Board of Ethics Work Plan,
including possible proposals for Amendments to CVMC 2.01 and 2.28 and
proposed Lobbyist Registration Ordinance
4.6.Preliminary Discussion and Possible Action Regarding Board of Ethics' Ability
to Clarify Inaccurate or Misleading Media Accounts of Board of Ethics actions
OTHER BUSINESS
5.STAFF COMMENTS
6.CHAIR'S COMMENTS
7.BOARD MEMBERS' COMMENTS
8.ADJOURNMENT
to the regular meeting on December 21, 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.
2022-11-16 BOE Agenda Page 2 of 11
1
SPECIAL MEETING OF THE BOARD OF ETHICS
Meeting Minutes
May 12, 2022, 5:15 p.m.
City Hall, Bldg. #A, Executive Conference Room #103
276 Fourth Avenue, Chula Vista
Present: Member Barragan, Member Salzmann, Chair Guerrero
Absent: Member Chinn, Member Torres
Also Present: Deputy City Attorney Megan McClurg, Doris Cornejo, Stephanie
Necochea
____________________________________________________________________
1. CALL TO ORDER
A special meeting of the Board of Ethics of the City of Chula Vista was called to
order at 5:18 p.m.
2. ROLL CALL
Secretary Cornejo called the roll.
3. PUBLIC COMMENTS
There were none.
4. ACTION ITEMS
4.1 Probable Cause Hearing Regarding Complaint 2022-01-A
Deputy City Attorney McClurg provided an overview of the purpose of the
Probable Cause Hearing. Deputy City Attorney McClurg requested verbal
confirmation that all present Board members could provide an impartial decision.
2022-11-16 BOE Agenda Page 3 of 11
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Chair Guerrero affirmed. Member Barragan affirmed. Member Salzmann
affirmed. Deputy City Attorney McClurg provided an overview of the purpose of
the Probable Cause Hearing and referred to analogous laws that could provide
guidance/definitions in their deliberations.
Complainant Dominguez Cervantes made final comments to the Board.
Respondent Council member Galvez made final comments to the Board.
A member of the public provided comments to the Board.
Complainant Dominguez Cervantes provided final comments to the Board.
Respondent Council member Galvez provided final comments to the Board.
The Board members deliberated and discussed the comments and testimony
presented and the documents presented. The Board asked an additional
question of the Complainant.
Moved by Member Salzman
Seconded by Member Barragan
Dismiss Complaint 2022-01-A based on lack of probable cause.
Yes (3): Member Barragan, Member Salzmann, and Chair Guerrero
Result: Carried (3 to 0)
The Board determined that probable cause did not exist and Complaint 2022-01-
A was dismissed.
OTHER BUSINESS
5. STAFF COMMENTS
Deputy City Attorney McClurg advised the Board that a Charter Review
Commission member was appointed to the Board of Ethics interview panel. The
Board of Ethics will appoint a Board of Ethics Board member to sit on this
interview panel at the upcoming 5/18/22 meeting.
6. CHAIR'S COMMENTS
Chair Guerrero thanked Complainant for bringing her complaint to the Board's
attention and participating in the process. Chair Guerrero thanked Respondent
for her time. Chair Guerrero thanked the Board members for their work
addressing the complaint and thanked City staff for their work as well.
7. BOARD MEMBERS' COMMENTS
2022-11-16 BOE Agenda Page 4 of 11
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Board members Barragan and Salzmann thanked everyone for their
participation. Board members asked that their thanks be extended to City staff for
their work.
8. ADJOURNMENT
The meeting was adjourned at 7:00 p.m.
Minutes prepared by: Doris Cornejo, Secretary
_________________________
Doris Cornejo, Secretary
2022-11-16 BOE Agenda Page 5 of 11
1
REGULAR MEETING OF THE BOARD OF ETHICS
Meeting Minutes
April 20, 2022, 5:15 p.m.
City Hall, Bldg. #A, Executive Conference Room #103
276 Fourth Avenue, Chula Vista
Present: Member Barragan, Member Salzmann, Member Torres, Chair
Guerrero
Absent: Member Chinn, Member Teel
Also Present: City Attorney Googins, Deputy City Attorney McClurg, Secretary
Doris Cornejo, Stephanie Necochea
____________________________________________________________________
1. CALL TO ORDER
A regular meeting of the Board of Ethics of the City of Chula Vista was called to
order at 5:15 p.m.
2. ROLL CALL
Secretary Cornejo called the roll.
3. PUBLIC COMMENTS
There were none.
4. ACTION ITEMS
4.1 Approval of September 1, 2021 Special Meeting Minutes and
September 15, 2021 Regular Meeting Minutes
2022-11-16 BOE Agenda Page 6 of 11
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Moved by Member Torres
Seconded by Chair Guerrero
Approve Minutes
Yes (4): Member Barragan, Member Salzmann, Member Torres, and
Chair Guerrero
Result: Carried (4 to 0)
4.2 Written Communications: Communication from Board Member
Stephanie Teel requesting an excused absence from the March 16,
2022 Board of Ethics meeting
Moved by Chair Guerrero
Seconded by Member Torres
A motion was made to deny Ms. Teel's absence request. Motion was not
approved due to a tie vote and the Board unanimously agreed to
reconsider the issue at the next Board meeting.
Yes (2): Member Torres, and Chair Guerrero
No (2): Member Barragan, and Member Salzmann
Result: No Action (2 to 2)
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
Deputy City Attorney McClurg presented and advised the Board that it
could request additional information if needed in advance of the Probable
Cause Hearing. Deputy City Attorney McClurg provided Board and
attendees with the City Council Policy on City Council Member
Communications.
The following public comment was heard:
Delia Dominguez Cervantes spoke in support of the complaint that she
submitted and provided additional documentation to the Board.
Discussion ensued.
Moved by Chair Guerrero
Seconded by Member Torres
2022-11-16 BOE Agenda Page 7 of 11
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A motion was made instructing City staff to obtain additional information
related to the January 6, 2022 and January 8, 2022 e-mails/newsletters
sent out by Council member Galvez.
Yes (4): Member Barragan, Member Salzmann, Member Torres, and
Chair Guerrero
Result: Carried (4 to 0)
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
Deputy City Attorney McClurg clarified that the probable cause hearing
was not taking place on April 20, 2022, and this reference in the agenda
item title was an administrative error. Deputy City Attorney McClurg
provided an overview of the mandatory and discretionary items contained
in the Municipal Code for conducting a Probable Cause Hearing. Deputy
City Attorney McClurg recommended that the Board determine what
procedures should be put in place for the Probable Cause Hearing.
The following public comment was heard:
Delia Dominguez Cervantes spoke in support of the complaint that she
submitted.
Discussion ensued. The Board came to a consensus on the following
Probable Cause Hearing procedural issues:
No outside witnesses will be permitted.
Complainant and Respondent will each receive 10 minutes total for
presentation and rebuttal. Individuals may decide how much of that 10
minutes is used for presentation and rebuttal.
Additional evidence/documentation must be submitted to the Board no
later than 3 business days prior to the probable cause hearing.
Probable Cause Hearing set for Thursday, May 12, 2022.
OTHER BUSINESS
5. STAFF COMMENTS
There were no staff comments.
2022-11-16 BOE Agenda Page 8 of 11
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6. CHAIR'S COMMENTS
Chair Guerrero stated that the Board of Ethics is non-partisan and makes
determinations based on the facts presented to the Board.
7. BOARD MEMBERS' COMMENTS
Board member Torres expressed concern that she received a flyer left on her
door from Councilmember Galvez’s mayoral campaign. Board member Torres
stated that the timing of her receiving the campaign flyer on her door, given the
current complaint that the Board of Ethics is handling against Council member
Galvez, made her feel uncomfortable and she felt it best to bring it to the
attention of the Board of Ethics.
8. ADJOURNMENT
The meeting was adjourned at 6:56 p.m.
Minutes prepared by: Doris Cornejo, Secretary
_________________________
Doris Cornejo, Secretary
2022-11-16 BOE Agenda Page 9 of 11
1
REGULAR MEETING OF THE BOARD OF ETHICS
Meeting Minutes
May 18, 2022, 5:15 p.m.
City Hall, Bldg. #A, Executive Conference Room #103
276 Fourth Avenue, Chula Vista
Present: Member Barragan, Member Salzmann, Member Torres, Chair
Guerrero
Absent: Member Chinn
Also Present: Doris Cornejo
_____________________________________________________________________
1. CALL TO ORDER
A regular meeting of the Board of Ethics of the City of Chula Vista was called to
order at 5:27 p.m.
2. ROLL CALL
Secretary Cornejo called the roll.
3. PUBLIC COMMENTS
There were none.
4. ACTION ITEMS
4.1 Approval of March 16, 2022 Regular Meeting Minutes
Moved by Chair Guerrero
Seconded by Member Salzmann
Approve Minutes
2022-11-16 BOE Agenda Page 10 of 11
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Yes (4): Member Barragan, Member Salzman, Member Torres, and Chair
Guerrero
Result: Carried (4 to 0)
4.2 Discussion and action to appoint a Board of Ethics member and
alternate Board of Ethics member to serve on an interview panel for
current and upcoming vacancies on the Board of Ethics.
Board Member Torres appointed to serve as the primary member to serve
on the interview panel. Chair Guerrero appointed to serve as the
alternate. Board Member Barragan appointed as the second alternate.
Moved by Chair Guerrero
Seconded by Member Barragan
Yes (4): Member Barragan, Member Salzman, Member Torres, and Chair
Guerrero
Result: Carried (4 to 0)
OTHER BUSINESS
5. STAFF COMMENTS
There were no staff comments.
6. CHAIR'S COMMENTS
Chair Guerrero thanked all for their attendance. Chair Guerrero requested
attendance reports for Board Member Chinn.
7. BOARD MEMBERS' COMMENTS
Board Member Salzmann inquired about pending matters, including Board of
Ethics rules and the lobbying ordinance.
8. ADJOURNMENT
The meeting was adjourned at 5:35 p.m.
Minutes prepared by: Doris Cornejo, Secretary
_________________________
Doris Cornejo, Secretary
2022-11-16 BOE Agenda Page 11 of 11
BOARD OF ETHICSOVERVIEW & ORIENTATIONGLEN GOOGINS, City Attorney
Overview of Presentation1.Purpose, Function, and Duties of the Board of Ethics2.Meetingsa.Attendance at Meetingsb.Meeting Agendas c.Meeting Procedures d.Record of Meetings 3.Chula Vista Code of Ethics & Complaint Procedures4.Communication with Council5.Conflicts of Interesta.Recommendations to Councilb.Member Communications in General6.State Law and the Board of Ethicsa.The Ralph M. Brown Actb.The Public Records Actc.The Political Reform Act 7.Chula Vista Conflict of Interest Code8.Recusal from Decision Making2
Board of Ethics•Board of Ethics provisions codified in Chula Vista Municipal Code (“CVMC”) Chapter 2.28•Purpose (CVMC 2.28.020): Advise and make recommendations to City Council on all matters related to potential unethical conduct and the implementation of the Code of Ethics found in CVMC Chapter 2.01Serve as a hearing body for violations of the Code of Ethics in CVMC Chapter 2.0 and render impartial and objective opinions and ensure those covered by the Code of Ethics are appropriately informedMembers are in a unique position of trust given their role and must strive to avoid any appearance of bias or impartiality. Conduct and actions will be scrutinized by the public at all times, particularly during an election cycle•Function and Duties (Chula Vista Municipal Code Chapter 2.28.030)Receive or initiate complaints of violations of the code of ethics prohibitionsHear and investigate complaints and transmit the findings and recommendations to Council and/or make a referral to other government agencyRender advisory opinions or interpretations with respect to the application of the code of ethics and Chapter 2.28 Propose revisions of Chapter 2.28 or other City policies to assure continuing pertinence and effectivenessParticipate in the selection and nomination of members of the Board of Ethics3
Attendance at BOE Meetings•BOE meets every 3rdWednesday of the Month•Please email or call Doris Cornejo if you are going to be absentdcornejo@chulavistaca.govor 619-476-2312•Notice is important to ensure that we have a quorum •CVMC 2.25.110 provides rules for absencesAn office is deemed vacated if a Board member has three consecutive unexcused absences from a regular meetingAbsences may be excused by vote of the Board for the following reasons: Illness; business commitment; pre-planned vacation if prior notice; funeral/religious service/ceremony; unexpected emergency; any other reason if seven (7) days notice providedA member may vote to excuse their own absenceApproval of an excused absence must be entered into Board’s minutes4
Meeting Agendas•The Agenda provides the roadmap for what will be covered at a meeting, including complaints received regarding violations of the Code of Ethics •Agenda is posted for the public to review prior to the meeting (more on requirements later) •CVMC 2.28.070 establishes the order of business for all BOE meetings•Only items placed on an agenda may be discussed/acted upon by Board. Items may be placed on the agenda by the Chair, City Attorney, or by a vote of the majority of the members•The Agenda must provide for public participation. Any member of the public may provide comments as follows: 3 minutes per person for a topic not on the agenda; 5 minutes per person for a specific item on the agenda5
Meeting Procedures•Rules of Order: generally look to City Council procedures (CVMC 2.25.205)•Decorum should be maintained at all times. Treat each other and the public with respect. If you wish to speak, ask the chair to do so.•Typical order of procedure for an item on the agendaRequest for staff reportMembers may ask questions of staffPublic comment on specific itemMember deliberationMotion (to take action)SecondVote (for, against, abstain)•Item-specific public comments must be heard before action is taken by the Board on that item 6
Record of Meetings•Meeting minutes required by CVMC 2.25.230 and maintained as City recordNot a verbatim transcript - a record of the business transacted and action takenIf member of public addresses the board, the minutes will reflect the name and city of residence of the person, the subject the person spoke about, and whether they were in support of or in opposition to the matterMembers can vote to approve minutes at meetings they were not present for•Meetings are audio recorded and posted on the Board’s webpagehttps://www.chulavistaca.gov/departments/city-clerk/boards-commissions/boards-commissions-list/board-of-ethics7
Chula Vista Code of Ethics•As described earlier, BOE has the duty to receive and investigate complaints alleging a violation of Chula Vista Code of Ethics•Code of Ethics found in Chula Vista Municipal Code Chapter 2.01•Applies to City Officials: Mayor, City Council, City Attorney, Department Heads, City Manager, Assistant City Manager, City Clerk, Board and Commission Members, and former City Officials•CVMC 2.01.030 establishes both guiding principles and specific prohibitionsGuiding principles for City officials: encourage the highest standards of behavior by City officials; increase public confidence in City officials; and assist in ethical decision-making.Additional guiding principles for Board of Ethics membersBehavior guidelines when a member is a candidate for elected officeEncouraged to minimize risks of conflict between outside activities and duties as memberPerform duties impartially; refrain from participation when have personal interest or have advocated, supported, or taken a position on the matter outside of a meeting13 specified prohibitions – enforceable under CVMC Chapter 2.288
Complaint ProceduresCode of Ethics Complaint received by secretary (online form) Assign a complaint number and set matter for prima facie reivewProvide notice to both complainant and subject of complaint Prima Facie Review of Complaint (timely filed and contains all required elements)If prima facie showing not made – complaint dismissedIf prima facie showing made – request additional info or set up subcommittee to conduct further investigation, and set probable cause hearing Probable Cause Hearing (determine whether sufficient facts to believe that violation occurred)Parties have chance to provide additional evidence and may comment on matterIf no probable cause – dismiss the complaint; if probable cause – set hearing on the meritsFull Hearing on MeritsParties may present opening and closing statements, present evidence and witnessesIf misconduct found – declaration of misconduct and potential recommendation of sanctions to City CouncilIf no misconduct found – declaration of no misconduct9
Communication with Council•Types of Board Communication with City Council:Recommendation to Council that sanctions be imposed as a result of a misconduct findingBring forward ideas, suggestions, and requests for direction related to CVMC Chapter 2.28 Above items require majority approval of the board•The following avenues are in place to communicate with the Council:By July 30 each year, all boards and commissions provide an annual report to the City Council on the previous fiscal year’s activities. Boards and Commissions may also make recommendations to the City Council as part of that report.Boards and Commissions may have written reports distributed to the City Council through staff, by way of an “Informational Memorandum” to the Council, or the placement of “Written Communications” on the Council agenda. Boards and Commissions, upon affirmative vote of a majority, may add an item to the City Council agenda.From time to time, the City Council holds joint meetings with boards and commissions to discuss items requiring significant discussion.10
Member Communications in GeneralWhen making statements outside of a meeting, members must ensure that: Their comments are factualThey indicate that actions taken by the board are recommendations, with final actions to be taken by City Council, when appropriateThey represent themselves as private citizens, unless the views or recommendations they express have been officially voted uponBoard members and staff must not make public comments regarding a pending complaint until the Board has made a final decision on the merits or until the matter is otherwise closed.11
State Law & the Board of Ethics•In addition to Chula Vista Municipal Code provisions that apply to the Board of Ethics, several California state laws govern Board of Ethics meetings and members The Ralph M. Brown ActThe Public Records ActThe Political Reform Act•All of the above laws are codified in separate sections of the California Government Code12
The Ralph M. Brown Act•Guarantees the public’s right to attend and participate in meetings of local legislative bodies•Board of Ethics is a local body subject to Brown Act•Requirements triggered whenever a quorum (majority + 1) of the Board gathers to discuss or transact business Must meet in location open to public within boundaries of City jurisdictionMust publish agenda describing items to be discussed 72 hours in advance of meeting (24 if special meeting)Public may comment on agenda items before or during Board consideration of itemTime must be set aside for the public to comment on any matters under the Board’s jurisdiction, regardless of whether they are on the agendaAll votes must be cast in public (no secret ballots)Public must not be asked to register or identify themselvesMaterials provided to the majority of the Board that are not protected from disclosure under the Public Records Act and must be provided upon request to members of the public13
The Ralph M. Brown Act (cont.)•The general rule requires in person participation by members in a location within the jurisdiction that is open to the public •Remote attendance authorized as follows:Fully remote meeting: All members and the public participate remotelyAuthorized when jurisdiction in proclaimed state of emergency (pandemic, fire, etc.) Hybrid remote meeting:Most members and the public participate in person, individual member participates remotelyStandard Brown Act rule requirements:post the agenda at the remote locationidentify the address of the remote location in the agendamake the remote location open to the public14
The Public Records ActEnacted in 1968 to safeguard the accountability of government to the public; promote maximum disclosure of the conduct of governmental operations; and explicitly acknowledge that secrecy is antithetical to a democratic system of govt “government of the people, by the people and for the people”Modeled after the Freedom of Information Act enacted by the federal government the year beforeGives the public access to information that enables them to monitor the functioning of their government. Two different rights of access:(1) right to inspect public records during the office hours of the local agency(2) right to prompt availability of copies of public recordsPublic records means any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of its physical form or characteristicsAllow for specific exemptions from disclosure; however, express legal authority is required to justify denial of access to public recordsMost documents that the Board of Ethics handles are public records 15
The Political Reform Act of 1974•Intended to require public officials (elected and appointed) to perform their duties in an impartial manner, free from bias caused by their own financial interests or the financial interests of those who have supported them •Requires disclosures of campaign receipts and expenditures by candidates•Requires disclosure of assets and income of public officials•Disqualifies public officials from acting on an item when they have a conflict of interest (related to income, assets, or real property)•Requires every local agency to adopt a Conflict of Interest Code16
Chula Vista Conflict of Interest Code•Chula Vista’s local Conflict of Interest Code – CVMC Chapter 2.02•Establishes the officials, employees, and consultants who are required to file statements disclosing their financial interests (aka: Statement of Economic Interests)•Sets forth the categories of financial interests that must be disclosed (income, investments, interest in real property, etc.)•Board of Ethics members are required to file statements disclosing certain financial interests Investments in and business positions held with any business entity located in or doing business in or with the CityIncome from any sourceInterest in real property located in the City17
Recusal from Decision Making•MonitorDiligently monitor your business interests, real property, sources of income (including gifts, loans, and travel payments) to ensure that you do not participate in an action in which you have a financial interest•Determine Recuse oneself when there is an “actual conflict” or when the “appearance of conflict” is so great that it taints the processOtherwise, you were placed on the Board to participate!•Disclose and RecusePublicly state the nature of the conflict (e.g. “The complainant is my brother” or “I am a partial owner of Acme Consulting Corporation”)Unless the item is on the consent calendar, leave the table until consideration of the item is finished and voting is completed18
QUESTIONS?19