HomeMy WebLinkAbout2023-11-29 BOE Agenda Packet Interview Panel
MEETING OF THE INTERVIEW PANEL TO INTERVIEW AND DETERMINE CANDIDATES TO
RECOMMEND FOR APPOINTMENT TO THE BOARD OF ETHICS OF THE CITY OF CHULA VISTA
Date:Wednesday, November 29, 2023
Time:5:00 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 Chula Vista Municipal Code Section
2.25.050(D) Interview Panel meeting at the time and location specified on this agenda to make
your comments.
•
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@chulavistaca.gov or by mail to
Board of Ethics, Attn: Interview Panel, 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 Chula Vista Municipal Code Section 2.25.050(D) Interview Panel
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 Torres from the Board of Ethics and Disharoon from the Charter
Review Commission
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 DISCUSSION AND ACTION ON INTERVIEW PROCESS, INCLUDING
DETERMINATION OF QUESTIONS TO BE ASKED DURING INTERVIEWS
AND OTHER PROCESSES FOR THE CONDUCT OF INTERVIEWS
4.2 INTERVIEWS OF APPLICANTS TO BOARD OF ETHICS SEATS 4
Applicants to interview include, but are not limited to the following:
Leslie Hurst•
Mario Salzmann•
Maria Segura•
Recommended Action:
Conduct interviews of the applicants to Board of Ethics seats.
4.3 DISCUSSION AND ACTION TO DETERMINE RECOMMENDATION TO
CITY COUNCIL REGARDING APPOINTMENT OF APPLICANTS TO
THREE AVAILABLE BOARD OF ETHICS SEATS
Recommended Action:
Consider and choose up to three applicants to recommend to City Council for
appointment to the three vacant Board of Ethics seats.
City of Chula Vista Interview Panel CVMC Section 2.25.050(D)
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4.4 DISCUSSION AND ACTION TO IDENTIFY REMAINING STEPS TO
COMPLETE RECOMMENDATION PROCESS AND TO AUTHORIZE THE
CITY ATTORNEY'S OFFICE TO COMPLETE MINUTES FOR THE
NOVEMBER 29, 2023 MEETING WITHOUT FURTHER ACTION BY THE
PANEL
Recommended Action:
Identify any remaining steps to complete the recommendation process and
authorize the City Attorney's office to complete the November 29, 2023
meeting minutes.
5.OTHER BUSINESS
5.1 STAFF COMMENTS
5.2 INTERVIEW PANEL COMMENTS
6.ADJOURNMENT
to the regular meeting on January 17, 2024 at 5:15 p.m.
Materials provided to the Chula Vista Municipal Code Section 2.25.050(D) Panel
Interview 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.
City of Chula Vista Interview Panel CVMC Section 2.25.050(D)
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2.01.010
2.01.020
2.01.030
2.01.040
Chapter 2.01
CODE OF ETHICS
Sections:
Establishment of the code of ethics.
Application of the code of ethics.
Code of ethics.
Severability.
2.01.010 Establishment of the code of ethics.
Public office is a public trust and City officials shall exercise their public duties in a manner that preserves that
trust. The public’s trust can best be preserved if City officials adhere to a high standard of ethics that transcends
the standards prescribed by law. High ethical standards require that all City officials understand and avoid
unethical behavior. Unethical behavior can develop in a variety of situations, but it occurs when the public interest
is not the sole and paramount interest in all actions conducted by all City officials. The purpose of this chapter is to
encourage the highest standards of behavior by City officials, increase public confidence in City officials, to identify
and take appropriate action with respect to unethical behavior, and to assist City officials with decision-making in
areas of ethical concern. Accordingly, the code of ethics is hereby established. (Ord. 3264 § 1, 2013).
2.01.020 Application of the code of ethics.
The code of ethics shall apply only to City officials. “City officials” shall mean members of the Chula Vista City
Council, including the Mayor, the City Manager, the City Attorney, the City Clerk, board members and
commissioners, Assistant City Managers, City department heads, as well as ex-City officials who were subject to
this chapter. The Board of Ethics shall investigate violations of the code of ethics as set forth in Chapter 2.28
CVMC. (Ord. 3264 § 1, 2013).
2.01.030 Code of ethics.
The code of ethics is divided into two areas: guiding principles, as set forth in subsections (A) and (B) of this
section, and specific prohibitions, as set forth in subsection (C) of this section. The guiding principles are intended
to provide a set of principles from which City officials can draw upon to assist them in conducting the public’s
business. As such, the guiding principles are directory in nature and not subject to the complaint procedures set
forth in CVMC 2.28.090 through 2.28.150. The specific prohibitions are actions that City officials shall not engage
in, and, as such, are subject to the complaint procedures set forth in CVMC 2.28.090 through 2.28.150.
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A. Guiding Principles. The public judges its government by the way City officials conduct themselves in the posts
to which they are elected or appointed. All City officials should conduct themselves in a manner that will tend to
preserve public confidence in, and respect for, the government they represent. The purpose of these guiding
principles is to encourage the highest standards of behavior by City officials, transcending the standards required
by law; increase public confidence in the City officials that serve the public; and assist City officials with decision-
making in areas of ethical concern. City officials, in the performance of their duties, should strive to adhere to the
following guiding principles:
1. City officials are agents of public purpose and hold office for the benefit of the public. As such, City
officials have a duty to act in the best interests of the public. City officials must strive to protect the public’s
resources through diligent and judicious management.
2. City officials should not engage in, permit, or condone fraud, but should be proactive to identify fraud
and seek to correct the causes that lead to the fraud. Fraud in public service includes, but is not limited to,
making false or misleading representations about a material fact or engaging in deceitful conduct.
3. City officials should not engage in, permit, or condone waste, but should be proactive to identify waste
and seek to correct the causes that lead to the waste. Waste in public service involves the extravagant,
careless, or needless expenditure of City funds, or the consumption of City property, that results from
deficient practices, systems, controls, or decisions.
4. City officials should not engage in, permit, or condone abuse, but should be proactive to identify abuse
and seek to correct the causes that lead to the abuse. Abuse involves the improper use of City resources,
including abuse of position, authority, or resources such as tolls, vehicles, or other City property.
5. City officials must be loyal to the public they serve and should put the public’s interests above their
personal interests.
6. City officials must protect and enhance the image and reputation of the City.
7. City officials must treat all citizens conducting business with the City with due courtesy, efficiency, and
impartiality, and no one citizen shall receive special advantage.
8. City officials must always be mindful of the public trust and confidence in the exercise of their assigned
duties and shall refuse to condone breaches of public trust or improper attempts to influence the decision-
making process.
9. City officials must always be mindful of conflict of interest laws and abide by them.
10. City officials must be aware of all their financial interests, thereby ensuring that such financial interests
do not influence their conduct or actions.
11. City officials should avoid an appearance of a conflict of interest when possible. Recusal or abstention is
appropriate when a good faith determination has been made by the City official that such action is required.
However, elected officials subject to this chapter are reminded that they are elected to conduct the public’s
business and should not abstain or recuse themselves without cause.
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12. City officials are expected to abide by all local, state, and federal laws.
13. The City values the ability of the boards and commissions to provide honest, forthright, learned, and
independent advice to the City, thereby fostering greater public input into the conduct of City government.
Accordingly, while City officials may attend City board and commission meeting, City officials should be
mindful that their actions, whether intentional or not, may unduly impair or influence the boards’ and
commissions’ ability to provide honest, forthright, learned, and independent advice to the City and, therefore,
City officials should avoid such actions.
B. Additional Guiding Principles for Board of Ethics Members. In addition to the guiding principles set forth in
subsection (A) of this section, Board of Ethics members should adhere to the following:
1. A Board of Ethics member that is a candidate for elected office should not engage in political or
campaign activity that is inconsistent with the independence, integrity, or impartiality of the Board of Ethics,
including, but not limited to, commenting on complaints that have been before or may appear before the
Board of Ethics or endorsing another candidate for any elected office using their title as current or former
Board of Ethics member. A reference by a Board of Ethics member, in their own campaign materials, that they
are or have been a member of the Board of Ethics alone does not violate this guiding principle.
2. A Board of Ethics member should conduct their outside activities so as to minimize the risk of conflicts
with their duties as a Board of Ethics member.
3. A Board of Ethics member should perform their duties impartially. To accomplish the aforementioned
guiding principle, a Board of Ethics member should refrain from participating in a matter before the Board of
Ethics when they have a personal interest in the matter or, outside of a Board of Ethics meeting, have
advocated, supported, or taken a position on that matter.
C. Specific Prohibitions. It is prohibited and shall be deemed unethical for a City official to engage in one or more
of the following actions:
1. Accept gifts, favors, or promises of future benefits, which might compromise or tend to impair
independence of judgment or action.
2. Use their Official Title or Position for Personal Gain. Personal gain includes, but is not limited to, situations
wherein a City official solicits or accepts items of value in consideration of their official title or position. This
section does not include obtaining benefits that are otherwise authorized by law.
3. Divulge confidential information for personal gain or for the gain of associates in a manner contrary to
the public interest or in violation of any law.
4. Use or permit the use of City resources including but not limited to funds, seals or logos, City time,
personnel, supplies, equipment, identification cards/badges or facilities for unapproved non-City activities,
except when available to the general public, provided for by administrative regulations or policies, or
approved by City Council.
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5. For current City officials, appear on behalf of the private interests of third parties before the Council or
any board, commission or proceeding of the City; nor shall members of boards, commissions, and other
advisory boards appear before their own bodies or before the Council on behalf of the private interests of
third parties on matters related to the areas of service of their bodies, except for limited exceptions, as
provided for in Fair Political Practices Commission Regulations, including Section 18702.4.
6. No ex-City official (not including former elected City officials) for a period of one year after leaving office
or employment shall, for compensation, act as an agent or attorney for, or otherwise represent, any other
person by making oral or written communication before any City administrative office or agency or officer or
employee thereof, if the appearance of communication is made for the purpose of influencing any action or
proceeding involving the issuance, amendment, awarding, or revocation of a permit, license, grant, or
contract for the sale or purchase of goods or property.
7. No former member of the City Council, including the Mayor, shall be eligible to appear as a compensated
representative at any time before the Council, or any commission, board, or City staff in connection with any
case or other matter with which he/she personally participated while an official or employee of the City for 12
months following the date of separation from elected or appointed office, except by permission of the City
Council finding on four-fifths vote that special identified and articulated circumstances exist, cast at a regular
public meeting taken after the involved member of the City Council has left office. Such special identified and
articulated circumstances include, but are not limited to, determinations that it is in the best interest of the
City to permit such representation, that the former Councilmember, including the Mayor, is uniquely qualified
to appear on the matter, or it is impractical to require another representative to appear on the matter.
8. Endorse or recommend for compensation any commercial product or service in the name of the City or
in the employee’s official capacity within the City without prior approval by a City Council policy.
9. Violate Government Code Section 87100 related to financial interests and governmental decisions made
by them. If a complaint is filed with the Board of Ethics alleging a violation of this subsection, the Board of
Ethics recognizes that the Fair Political Practices Commission (“FPPC”) is the primary enforcement authority of
the Political Reform Act and that their decisions should be given great weight. As such, if a complaint is filed
concurrently, then the Board of Ethics may defer action on such allegation, as set forth in this chapter. If a
complaint is not filed concurrently, the Board of Ethics may submit a complaint to the FPPC and defer action
until such complaint is addressed by the FPPC. A ruling on the merits by the FPPC may be accepted as a
finding of the Board.
10. No City official shall coerce any of their subordinates or any other City employee to participate in an
election campaign, contribute to a candidate or political committee, engage in any other political activity
relating to a particular party, candidate, or issue, or to refrain from engaging in any lawful political activity. A
general statement encouraging another person to vote does not violate this prohibition.
11. No City official shall display campaign materials in any City-owned vehicle under their control and
operated by that City official. Campaign materials include, but are not limited to, bumper stickers, signs, or
other similar items.
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The Chula Vista Municipal Code is current through Ordinance 3553, passed July 25, 2023.
Disclaimer: The City Clerk’s Office has the official version of the Chula Vista Municipal Code. Users should contact
the City Clerk’s office for ordinances passed subsequent to the ordinance cited above.
To be notified when additions, amendments, or revisions are made to the code, send your e-mail address to (be
sure to add "Chula Vista Municipal Code" in the subject line) CPC@codepublishing.com.
City Website: www.chulavistaca.gov
Hosted by Code Publishing Company, A General Code Company.
12. No City official shall aid and abet another City official to violate the specific prohibitions enumerated in
this subsection, nor shall they aid and abet any person to engage in conduct that would constitute a violation
of the specific prohibitions enumerated in this subsection on their behalf.
13. No City official shall negotiate for employment with any person, firm, or organization at the same time
that aforementioned person, firm, or organization has a matter pending before City Council, board or
commission, or a City department and upon which the City official must act or make a recommendation. (Ord.
3264 § 1, 2013).
2.01.040 Severability.
If any provision of this chapter, or the application of any such provision to any person or circumstance, shall be
held invalid, the remainder of this chapter to the extent it can be given effect, or the application of those
provisions to persons or circumstances other than those as to which it is held invalid, shall not be affected
thereby, and to this end the provisions of this chapter are severable. (Ord. 3264 § 1, 2013).
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2.28.010
2.28.020
2.28.030
2.28.040
2.28.050
2.28.060
2.28.070
2.28.080
2.28.085
2.28.090
2.28.100
2.28.110
2.28.120
2.28.130
2.28.140
2.28.150
2.28.160
2.28.170
Chapter 2.28
BOARD OF ETHICS*
Sections:
Establishment of the Board of Ethics.
Purpose.
Function and duties of the Board of Ethics.
Powers of the Board of Ethics.
Membership.
Meeting frequency, notice, and staffing.
Order of business.
Advisory opinions.
Board referral for investigation.
Complaints – Form, referral to other enforcement agency and requests for
confidentiality.
Complaint procedures – Receipt of complaint.
Complaint procedures – Prima facie review.
Complaint procedures – Probable cause hearing.
Complaint procedures – Hearing on the merits.
Complaint procedures – Decision after hearing on the merits.
Conflicts.
Disclosure of Board records.
Severability.
*Prior legislation: Prior code §§ 1.48 – 1.51; Ords. 1040, 2297, 2453, 2629, 2630 and 2778.
For provisions of Charter law concerning appointive boards and commissions, see City Charter §§ 600 – 606.
Code reviser’s note: Section 4 of Ordinance 3264 provides: “Violations of Chapter 2.28 that occurred prior to
the effective date of this Ordinance, shall be subject to the provisions of Chapter 2.28 and/or Board of Ethics
policies or procedures in effect before the effective date of this Ordinance.”
2.28.010 Establishment of the Board of Ethics.
The Board of Ethics is hereby created. The provisions of Article VI of the Chula Vista City Charter, Chapters 2.01
and 2.25 CVMC, and this chapter shall govern the Board of Ethics. (Ord. 3264 § 1, 2013).
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2.28.020 Purpose.
It is the purpose of the Board of Ethics to advise and make recommendations to the City Council of the City of
Chula Vista on all matters relating to potential unethical conduct and to make such necessary and appropriate
recommendations to the City Council for the implementation of the code of ethics, as set forth in Chapter 2.01
CVMC, and amendments thereto, which may become necessary from time to time. The Board of Ethics will serve
as a hearing body for violations of the code of ethics, as set forth in Chapter 2.01 CVMC, and shall render impartial
and objective opinions and ensure that those covered by the code of ethics are appropriately informed.
Members of the Board of Ethics should be aware that they are in a unique position of trust given their role under
this chapter and as such must strive to avoid any appearance of bias or partiality. Accordingly, they should be
aware that their conduct and actions will be scrutinized by the public at all times, but particularly during the
election cycle. (Ord. 3264 § 1, 2013).
2.28.030 Function and duties of the Board of Ethics.
It shall be the function of the Board of Ethics to implement the code of ethics as set forth in this chapter. The
duties of the Board of Ethics shall be:
A. To receive or initiate complaints of violations of the code of ethics.
B. To hear and investigate complaints and transmit the findings and recommendations to the City Council.
C. To render advisory opinions or interpretations with respect to the application of the code of ethics and this
chapter, either on request or on its own initiative.
D. To propose revisions of this chapter or other City policies to assure its continuing pertinence and
effectiveness.
E. To participate in the selection and nomination of members of the Board of Ethics, in accordance with CVMC
2.25.050. (Ord. 3449 § 1, 2019; Ord. 3264 § 1, 2013).
2.28.040 Powers of the Board of Ethics.
In order to carry out its duties, the Board of Ethics is authorized to receive complaints, conduct investigations upon
complaints or information received, make referrals to other governmental agencies regarding unethical conduct,
hold hearings, swear witnesses, render advisory opinions and adopt rules of procedure for the conduct of its
business. (Ord. 3264 § 1, 2013).
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2.28.050 Membership.
A. The Board of Ethics shall be composed of seven members, to be nominated and appointed in accordance
with Article VI of the City Charter, Chapter 2.25 CVMC, and this chapter.
1. When a vacancy occurs, the City Clerk shall forward applications for membership on the Board of Ethics
for review by a panel consisting of one Charter Review Commission member appointed by the Charter Review
Commission and one Board of Ethics member appointed by the Board of Ethics. The panel shall review the
applications, select applicants to be interviewed, interview selected applicants, and recommend (by
unanimous decision of the panel) one applicant for each available seat to the City Council for appointment.
2. If the panel is unable to reach a unanimous decision, the panel shall notify the City Clerk, so that
additional applications may be considered.
3. Irregularities in this interview process may be brought to the attention of the City Council.
B. No person shall be appointed as a member of the Board of Ethics, or shall be entitled to retain their
membership, if he or she, within the past 10 years prior to the date of appointment, has been convicted of any
felony or a crime involving moral turpitude, has been found to have committed a criminal violation of the Fair
Political Practices Act, or has a conflict of interest as defined in this chapter.
C. A “conflict of interest” for purposes of this section shall mean the following:
1. The applicant or any of applicant’s relatives is or has been an employee of or sought employment from
any City official subject to this chapter;
2. The applicant or any of applicant’s relatives is or has been supervised in an employment setting by any
City official subject to this chapter;
3. The applicant has served in any capacity (including staff member, advisor, or volunteer) involving the
election, selection, or appointment of any City official subject to this chapter to any public office (elected or
appointed);
4. The applicant has served in any capacity (including staff member, advisor, or volunteer) opposing the
election, selection, or appointment of any City official subject to this chapter to any public office (elected or
appointed); or
5. The applicant is related to any City official subject to this chapter.
D. This section is not retroactive. (Ord. 3490 § 1, 2020; Ord. 3264 § 1, 2013).
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2.28.060 Meeting frequency, notice, and staffing.
The Board’s meeting schedule shall include at least one regular meeting per month, at the day, time, and location
established by written resolution of the Board. The City Attorney or his or her appointed representative shall act as
secretary to the Board. The secretary shall cause notice of the meetings of the Board to be kept and distributed.
The secretary shall also give appropriate and required written notice of all meetings to all members and persons
having business before the Board. (Ord. 3435 § 1, 2018; Ord. 3264 § 1, 2013).
2.28.070 Order of business.
A. The following shall be the order of business for all meetings:
1. Roll call of members.
2. Reading of minutes of previous meeting.
3. Amendment or approval of minutes of previous meeting.
4. Consideration of matters continued from previous meeting.
5. Consideration of new complaints or requests.
6. Consideration of proposed or existing state legislation in the field of ethics and amendments to the code
of ethics of the City of Chula Vista.
7. Other business.
8. Oral communication.
The aforementioned order of business may be modified by an affirmative vote of the Board of Ethics.
B. Items of business shall be placed on the agenda as set forth in CVMC 2.25.210(A). (Ord. 3264 § 1, 2013).
2.28.080 Advisory opinions.
When a City official has doubt as to the applicability of a provision of this chapter to a particular situation, he or
she may make a written inquiry to the Board of Ethics for an advisory opinion. The purpose of the advisory
opinion is to assist the City official in the task of judging themselves, so as to enable them to properly carry out
their responsibilities as trustees in the public interest, and to conform their conduct to the code of ethics. The City
official shall have the opportunity to present their interpretation of the facts at issue and of the applicable
provisions of this chapter before such advisory opinion is rendered. The Board of Ethics may also, on its own
initiative, issue advisory opinions regarding the interpretation or implementation of any provision of this chapter.
(Ord. 3264 § 1, 2013).
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2.28.085 Board referral for investigation.
A. If an individual BOE member personally observes a violation of the code of ethics, he or she may inform the
BOE and request that the matter be referred to a panel attorney (“Panel Attorney”) that is serving as the
enforcement authority under Chapter 2.52 CVMC for investigation.
B. If a panel to serve as the enforcement authority has not been established, the Board of Ethics shall establish,
in a manner similar to the process used to create the panel for the enforcement authority, a panel of attorneys to
serve pursuant to this section.
C. The Board of Ethics may refer the matter to a Panel Attorney if the BOE member presenting the request
makes a prima facie showing as set forth in CVMC 2.28.110. This provision may not be used in the place of or to
circumvent the other provisions in this chapter for the submission of complaints. Once a BOE member submits a
request under this section and the matter is submitted to a Panel Attorney, they shall recuse themselves from
voting on the complaint.
D. The BOE referral shall go to a Panel Attorney for investigation and determination if probable cause exists on
the complaint. The Panel Attorney may dismiss the complaint if he determines that probable cause does not exist
or if he concludes he cannot prove that probable cause exists. If he dismisses the case for lack of probable cause,
he shall inform the Board of Ethics and provide a basis for the dismissal. If the panel attorney determines that
probable cause exists, he shall present his case as set forth in CVMC 2.28.120 for determination by the Board of
Ethics if probable cause exists. If the Board of Ethics determines that probable cause exists, another Panel
Attorney will continue the investigation for submission to the BOE for a full hearing. Panel Attorneys assigned
under this subsection will be assigned in the same manner they are assigned to investigate complaints for
violations of Chapter 2.52 CVMC. The Panel Attorney shall present the matter for full hearing as set forth in CVMC
2.28.130. (Ord. 3264 § 1, 2013).
2.28.090 Complaints – Form, referral to other enforcement agency and
requests for confidentiality.
A. All complaints regarding violations of this chapter shall be in writing, identify a person subject to the code of
ethics, contain a full allegation of facts that would constitute a violation of the specific prohibitions enumerated in
this chapter, and be sworn under penalty of perjury. All alleged violations must be submitted within 90 days of
occurrence or when it should have been discovered with the exercise of reasonable diligence. Justification for any
delay in filing complaints is the responsibility of the complainant. For complaints concerning unethical patterns of
behavior, such complaints must be received by the Board of Ethics within 90 days of the most recent event
comprising the pattern of behavior complained of, or within 90 days of when the last event should have been
discovered with the exercise of reasonable diligence. The Board of Ethics will, in its discretion, limit the pattern of
behavior to those events the Board of Ethics feels are proximately related in time to be a part of the same pattern
of behavior.
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B. The Board may refer the matter to a local, state, or federal enforcement agency that may have jurisdiction
over the matter at any stage of the proceedings and may hold in abeyance Board action pending results of the
referral. The Board of Ethics may, but is not required to, resume Board action on the matter if it has been provided
notice of inaction by the agency to whom the complaint was referred, the expiration of any applicable statute of
limitations, or inaction for more than one year by the agency to whom the complaint was referred. Local, state and
federal enforcement agencies include, but are not limited to, the United States Attorney’s Office, the California
Attorney General’s Office, the San Diego County District Attorney’s Office, the San Diego County Grand Jury, and
the Fair Political Practices Commission (FPPC). If the Board learns of misconduct during any stage of the
proceedings, but the misconduct is not within the specific prohibitions set forth in this chapter, the Board of Ethics
may make a referral to the appropriate local, state, or federal enforcement agency that may have jurisdiction over
the alleged misconduct.
C. The name of the complainant shall be disclosed unless the complainant has requested that their name be
kept confidential and there is good cause to withhold such name. Requests for confidentiality shall be addressed
as follows:
1. To request that their name be kept confidential, the complainant must provide, with their complaint, a
detailed factual statement, sworn under penalty of perjury, that they would suffer harm or retaliation if their
name were to be disclosed. Facts that may be considered to determine if good cause exists may include, but
are not limited to:
a. The existence of an employer/employee or supervisor/subordinate relationship between
respondent and complainant or the existence of such a relationship between complainant’s spouse or
immediate relative(s) and respondent or respondent’s spouse or immediate relative;
b. Facts that show that complainant would be shunned, ostracized, or rebuked by any organization or
group to which they belong if their name were to be made public;
c. Evidence of prior acts of retaliation or harm by respondent against complainant or any other
person;
d. The existence of criminal convictions for crimes of violence by or the existence of any restraining
orders against respondent.
Conclusionary or speculative statements of harm or retaliation are insufficient to establish good cause.
2. Upon a request for confidentiality, the Chair and two Board members, chosen by the Chair on a rotating
basis, shall form an ad hoc subcommittee within two business days of being informed by the City Attorney’s
Office of a request for confidentiality and, after consideration of the request, determine if good cause exists
to withhold disclosure of the name. The Chair shall inform the complainant of its decision within five business
days.
3. If the decision is to deny the request for confidentiality, complainant shall have five business days to
withdraw their complaint. If complainant requests that the complaint be withdrawn, the entire complaint
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shall be returned to complainant and their complaint shall not be disclosed. The complaint and complainant’s
name shall be not disclosed during this evaluation process.
4. Upon a finding of good cause by the ad hoc subcommittee formed under this section, the name of the
complainant shall be kept confidential unless and until a finding of probable cause is made. The complaint
shall also be redacted accordingly. (Ord. 3264 § 1, 2013).
2.28.100 Complaint procedures – Receipt of complaint.
A. The following procedures will be followed upon receipt of a complaint:
1. The complaint will be assigned a case number.
2. The complainant (“complainant”) will be sent a letter that provides notice that the complaint was
received, the date of the next hearing in which the complaint will be addressed, and which generally explains
the procedures that will be followed.
3. The subject of the complaint (hereinafter “respondent”) will be sent a letter that provides notice that a
complaint has been received naming them as the subject, the date of the next hearing in which the complaint
will be addressed, and which generally explains the procedures that will be followed. The respondent will also
be sent a copy of the complaint with the letter. The complaint may be redacted as provided for in CVMC
2.28.090(C) (related to confidentiality requests).
4. The Chair of the Board of Ethics shall be notified that a complaint has been received. Notwithstanding
any other time frames, the Chair may set a special meeting on the complaint.
5. A preliminary review (hereinafter “prima facie review”) of the complaint will be set within 30 days of
receipt of the complaint. If the complaint is received within 90 days of a municipal election in which a City
official is a candidate, the prima facie review of the complaint will be set within 15 days of the receipt of the
complaint. The Chair and members shall be sent copies of the complaint for their review prior to the hearing.
The Chair and members receiving copies of the complaint shall not discuss the complaint nor disclose the
complaint to any person outside of the hearing. (Ord. 3264 § 1, 2013).
2.28.110 Complaint procedures – Prima facie review.
The Board of Ethics will conduct a prima facie review (“prima facie review”) of the complaint. The purpose of prima
facie review is to determine if the complainant has made a prima facie showing that the complaint complies with
the requirements in CVMC 2.28.090(A) (Complaints – Form, referral to other enforcement agency, and request for
confidentiality), thereby establishing jurisdiction. A prima facie review may result in the following:
A. No Prima Facie Showing Made – Dismissal. After completing the prima facie review, the Board may dismiss the
complaint for any of the following reasons:
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1. The complaint is not in writing or is not made under penalty of perjury;
2. The respondent is not a City official within the meaning of this chapter;
3. The complaint does not contain a full allegation of facts that would constitute a violation of the specific
prohibitions enumerated in this chapter;
4. The complaint restates other complaints containing essentially similar or identical allegations that have
already been disposed of, and the evidence presented does not warrant reopening of the previous case;
5. The allegations contained in the complaint are already under investigation by the Board of Ethics;
6. The complaint consists of speculation, opinion, frivolous contentions, or absurd accusations; or
7. The Board of Ethics determines other good cause requires dismissal. If the dismissal is for this reason,
the good cause must be set forth in the minutes of the preliminary review.
If the complaint is dismissed, the Board shall issue a letter to the complainant and respondent as soon as possible,
indicating the reason for the dismissal of the complaint. Such letter is not a conclusive finding and is not intended
to be evidence in any enforcement action initiated by another agency.
B. Prima Facie Showing Made – Further Action. If the Board determines that a prima facie showing has been made,
then the Board shall determine the appropriate course of action, including the following:
1. The Board may request additional information from complainant or the respondent. The Board shall
endeavor to complete this action within 45 days from the prima facie finding. If the information is not
received within the 45 days, such fact shall be reported to the Board. After this stage is complete, the matter
should be set for a probable cause hearing within 30 days.
2. The Board may create an ad hoc subcommittee comprised of one to three Board members to conduct
further investigation. The ad hoc subcommittee shall endeavor to complete its investigation within 90 days of
the prima facie finding. If the investigation is not completed within the 90 days, such fact shall be reported to
the Board. After this stage is complete the matter should be set for a probable cause hearing within 30 days.
3. The Board may hire an individual from a list of prequalified investigators to conduct an investigation.
This provision is subject to available funding. The investigator shall endeavor to complete the investigation
within 90 days of the prima facie finding. If the investigation is not completed within the 90 days, such fact
shall be reported to the Board. After this stage is complete the matter should be set for a probable cause
hearing within 30 days.
The Board of Ethics shall establish a written policy for the selection of prequalified investigators. In
determining qualifications, the Board of Ethics shall consider, but is not limited to, the following:
a. Professional licensing;
b. Experience in conducting investigations;
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c. Area or areas of expertise required for the investigation;
d. Available support staff;
e. Reasonable costs;
f. The existence of conflicts of interest;
g. Proven ability to timely complete tasks.
4. The Board may set the matter for a probable cause hearing. The Board shall endeavor to set the
probable cause hearing within 45 days of the prima facie finding. (Ord. 3264 § 1, 2013).
2.28.120 Complaint procedures – Probable cause hearing.
The purpose of the probable cause hearing is to determine if there are facts and circumstances, of a reasonably
trustworthy nature, sufficient to justify a person of reasonable caution or prudence in the belief that a violation of
the specific prohibitions has occurred (“probable cause”). To find probable cause, there must be an affirmative
vote of the majority of the entire voting membership. The following procedures shall be followed in the conduct of
a probable cause hearing:
A. Both parties shall be provided notice that the probable cause hearing has been set.
B. The complainant and respondent shall be informed that they may lodge with the Board 10 days before the
hearing additional evidence and a statement on their behalf for the Board’s consideration. If such evidence is not
provided to the Board within the time frame indicated, the Board may, but is not required to, exclude such
evidence. As soon after receipt of such evidence by the Board, the Board should endeavor to provide the opposing
party a copy thereof.
C. At the hearing, the Board shall review, but is not limited to, the following: the complaint, including any
supporting documents, that was filed; information acquired during any Board-ordered investigation or request for
information; and any other documents or evidence provided to the Board before the probable cause hearing.
D. The Board, in its discretion, may permit additional documents or evidence to be admitted into the probable
cause hearing. The Board, in its discretion, may also permit witnesses to testify. Witnesses may be subject to cross-
examination, as permitted by the Board.
E. Both parties may comment on the issue of probable cause, as permitted by the Brown Act.
F. If the Board determines that probable cause does not exist, the Board shall dismiss the complaint.
G. If the Board determines that probable cause exists, the Board should set a hearing on the merits within 45
days thereafter. (Ord. 3264 § 1, 2013).
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2.28.130 Complaint procedures – Hearing on the merits.
If probable cause is determined to exist by the Board, then the Board shall conduct a hearing on the merits
(“hearing on the merits”) as set forth herein:
A. Prior to the hearing on the merits, the Board may request additional information as set forth in CVMC
2.28.110(B). The Board should set a date by which a request for additional information should be completed.
B. Both parties shall be provided notice of the hearing on the merits. The Board may provide copies of materials
upon which the complaint is based to either party.
C. In the discretion of the Board, complainant may present an opening and closing statement, present
additional evidence and witnesses, including rebuttal evidence and witnesses, and cross-examine witnesses.
D. In the discretion of the Board, the respondent may present an opening and closing statement, present
additional evidence and witnesses, including rebuttal evidence and witnesses, and cross-examine witnesses.
E. The Board may admit, but is not limited to, evidence provided at the hearing on the merits, information
provided with the complaint, information provided pursuant to CVMC 2.28.110(B), or subsection (A) of this section,
information provided at the probable cause hearing, and any other evidence it determines should be considered.
F. The hearing on the merits is not a formal judicial proceeding, but the Board will exercise control over the
hearing to ensure that it is conducted in an orderly and expeditious manner. While the technical rules of evidence
are not applicable and hearsay is admissible, evidence that is admitted should bear indicia of reliability. (Ord. 3264
§ 1, 2013).
2.28.140 Complaint procedures – Decision after hearing on the merits.
The Board shall document its decision in a written statement of decision. A vote of five Board members is required
to make a finding of misconduct. Each finding of misconduct must be supported by a preponderance of the
evidence. The statement of decision should be prepared expeditiously and shall be served upon both parties via
certified mail with a certificate of mailing.
A. Misconduct Found – Declaration of Misconduct. If the Board makes a finding of misconduct, the statement of
decision shall contain, and be labeled as such, a declaration of misconduct. The declaration of misconduct shall
detail the misconduct that has been found to be true and the supporting evidence. The declaration of misconduct
shall be a final decision on the merits and shall not be changed by the City Council. The declaration of misconduct
may contain a recommendation of sanctions against the City official found to have engaged in misconduct,
including, but not limited to, the following: a reprimand, censure, or removal from office. The declaration of
misconduct may also recommend remedial actions to prevent misconduct in the future.
Government Code Sections 3250 et seq. (Firefighter Procedural Bill of Rights Act) and 3300 et seq. (Public Safety
Officers Procedural Bill of Rights Act) provide appeal rights for the Police and Fire Chief. The Police and Fire Chief
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shall be provided the appeal rights required under the aforementioned Government Code sections and City
Council shall act as the body hearing any such appeal.
B. No Misconduct Found – Declaration of No Misconduct. If the Board makes a finding of no misconduct, the
statement of decision shall contain, and be labeled as such, a declaration of no misconduct. The declaration of no
misconduct shall detail the basis for its finding. (Ord. 3264 § 1, 2013).
2.28.150 Conflicts.
City officials subject to the specific prohibitions set forth in this chapter should not participate in or influence the
complaint process as set forth in CVMC 2.28.090 to 2.28.140 in their official capacities. To this end, when a
complaint involves a Board of Ethics member, a Councilmember (including the Mayor) or the City Attorney, the
following procedures shall be followed:
A. If a complaint involves a Board of Ethics member, then the named Board of Ethics member shall recuse
himself or herself.
B. If a complaint involves a Councilmember, including the Mayor, then the named Councilmember shall recuse
himself or herself.
C. If the complaint involves the City Attorney, the City Attorney and his or her office shall recuse themselves.
Outside counsel shall be appointed by the Board of Ethics to advise the Board of Ethics regarding a complaint
alleging misconduct by the City Attorney. The Board of Ethics may establish procedures for the selection of such
counsel. (Ord. 3264 § 1, 2013).
2.28.160 Disclosure of Board records.
The purpose of this section is to advance the public’s interest under the Public Records Act to access information
concerning the conduct of the Board in a manner that will not compromise the Board’s ability to conduct effective
and confidential investigations into alleged violations of the City of Chula Vista’s code of ethics. The Board and its
staff shall not make public comments regarding a pending matter until the Board has made a final decision on the
merits or until the matter is otherwise closed. The complaint may be released to the public. The complaint may be
redacted consistent with CVMC 2.28.090 (regarding requests for confidentiality). The Board may release its records
unless they fall within, but not limited to, the categories that follow:
A. Preliminary or draft memoranda, documents, or records not kept in the ordinary course of business.
B. Personnel, medical, or other similar files, the disclosure of which would constitute an unwarranted invasion of
personal privacy.
C. Documents or records protected under any law (state or federal) related to privilege.
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The Chula Vista Municipal Code is current through Ordinance 3553, passed July 25, 2023.
Disclaimer: The City Clerk’s Office has the official version of the Chula Vista Municipal Code. Users should contact
the City Clerk’s office for ordinances passed subsequent to the ordinance cited above.
To be notified when additions, amendments, or revisions are made to the code, send your e-mail address to (be
sure to add "Chula Vista Municipal Code" in the subject line) CPC@codepublishing.com.
City Website: www.chulavistaca.gov
Hosted by Code Publishing Company, A General Code Company.
D. Records exempt from disclosure under the California Public Records Act (Government Code Section 6250 et
seq.).
E. Documents or records where the public interest against disclosure outweighs the public interest served by
disclosure. Such documents may include, but are not limited to, the following:
1. The names of juvenile witnesses; or
2. Personal or otherwise private information related or unrelated to the investigation if the disclosure
would constitute an unwarranted invasion of privacy; or
3. The identity of a confidential source; or
4. Information, which, if disclosed, would create a credible risk of endangering any individual; or
5. Information, which, if disclosed, would endanger the successful completion of an investigation where the
prospect of enforcement proceedings is concrete and definite. (Ord. 3264 § 1, 2013).
2.28.170 Severability.
If any provision of this chapter, or the application of any such provision to any person or circumstance, shall be
held invalid, the remainder of this chapter to the extent it can be given effect, or the application of those
provisions to persons or circumstances other than those as to which it is held invalid, shall not be affected
thereby, and to this end the provisions of this chapter are severable. (Ord. 3264 § 1, 2013).
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INTERVIEW QUESTIONS
Introductions:
You will be asked seven (7) questions. Please keep in mind that we have about twenty
(20) minutes for this interview.
1. Have you served on a board or commission before?
2. Why do you want to be on the Board of Ethics?
3. What experience do you have that you feel qualifies you to be on the Board of Ethics?
4. On the BOE, you may have occasion to hear complaints regarding violations of the
Specified Prohibitions set forth in the City’s Code of Ethics.
A. Are you familiar with the Code of Ethics, found in Chula Vista Municipal
Code section 2.01? Including Guiding Principles and Specified Prohibitions?
B. Have you ever been a hearing officer or acted in a position where you heard
evidence and rendered a decision?
5. The cases you may be required to hear may be considered “High Profile” given that
they involve elected officials and City Executive staff (Directors and Police and Fire
Chiefs), have you had any experience in matters involving “High Profile” matters?
[Describe? Role? Type? Number?]
6. Is there any other information you would like to consider?
7. Any questions for us?
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Leslie R. Hurst
Committed Peace Officer to the State of California department of Corrections and Rehabilitation.
Dedicated with 20 years of experience in a variety of capacities that include delivering results,
identifying barriers, developing solutions, executing the vision to solve agency problems and improve
overall performance. Proven track record for fostering strong relationships with fellow Peace Officers
and inmates to maintain discipline and ensure safety throughout the facility. Respected for integrity,
professionalism, leadership, and strong interpersonal/team skills. To further my career in Law
Enforcement and to strengthen my expertise; I have graduated with a Bachelor of Science in Criminal
Justice, a Master’s in Business Administration, and a Doctorate in Organizational Leadership.
Professional Experience/History
Employer: California Department of Corrections and Rehabilitation
Prison: Richard J. Donavon From: 2018 – 2021
Department: Corrections Officer
Location: San Diego, CA
Donavon state Prison is a level 3 general population state facility with sensitive needs yards. Inmate
population ranges from high-risk threat groups to life inmates (inmates without the possibility of
parole), inmates with mental illness (that are covered under the American Disability Act), High profile
inmates who cases are nationally recognized. I worked in administration segregation which intel’s over
seeing high risk inmates with mental illness, maintaining, and ensuring the safety and well-being of
themselves, other inmates, and staff members. Listed below, describes the standard day -to-day
operations; however, at any moment corrections officers had to be alert and ready for lock downs,
random cell searches and unusual/suspicious inmate activity.
Employer: California Department of Corrections and Rehabilitation
Prison: Wasco State Prison From: 2008 – 2018
Department: Corrections Officer
Location: Kern County, CA
Wasco State Prison is the state of California processing center for ALL inmates no matter classification.
All inmates must go through this facility to be processed into level of “Threat” before being sent out to
other parts of the state to be housed/ carry out the rest of their sentence. Inmate population ranged
from newly sentenced / transitioning housing / lifers without the possibility of parole and where they
are assigned a level of threat. Wasco state prison also has a secure medical wing where inmates from
across the states come to have medical procedures done. In that compacity, my job linteled escorting
prisoners to and from their medical procedures and making sure they are safely transported back to
their state institution.
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Daily duties as a correction officer as listed below:
Processing inmate files for classification, transfer, and housing needs.
Custody and control, supervising, escorting and transportation of inmates
Experienced in report writing and record keeping
Ensuring safety and security of inmates, staff, and the public
Supervising and training new officers assigned to housing units
Specialized supervision for high profile cases
Overseeing safety and security while escorting inmates inside and outside of secure floors.
Responsible for head count of inmates at morning and night routine
responsible for the care, custody, and control of individuals who have been convicted of a crime and sentenced to imprisonment, also responsible for the security of the facility and its property
Inmate transfer to hospital setting while ensuring the safety of inmates, guards, and Medical Staff
Medical Guarding unit (MGU) – assisted with admissions reports and discharge paperwork
Employer: United States Navy
Location: Japan – USA From: 1990-2011
Department Petty Officer 2nd Class - Military Police (MA2)
Primary focus was protecting the lives and property of Army installations by enforcing military laws and
regulations. Experienced in meeting the most challenging organizational goal and objectives and
overseeing critical situations.
1990 I was stationed in Sasebo Japan on board the USS ST. Louis (LKA-116) apart of the U.S Seventh
Fleet. I was in deck division and was a part of the “350” Gun mount and at night my division was
navigation and in port maintain (the maintenance of the ship)
2001- MA _ Master of Arms 1 ; deployed to the war in Afghanistan, corporations enduring freedom in
response to the SEPT 11th terrorist attack on the United States.
Gulf War – National Defense Ribbon; Operations Desert Shield – National Defense Ribbon
Education:
Concentration in Management.
Present 2022
Doctoral of Management degree
Concentration in Organizational Leadership
Masters - Business Administration
March 2015
emphasis of Administration of Justice and Security
Bachelor of Science - In Criminal Justice Administration
March 2013
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2
Deputy Resident Representative, UNDP, La Paz, Bolivia (1985-1990)
During a period of political, social and economic crisis (with inflation running at 20,000%) this office became a “laboratory”
for new modalities and new ways of providing assistance. The overriding objective of all the programs was to bring about
political and social stability, with economic growth. Since there was no functional state machinery, the UN became the focal
point for many of the normal functions of a state.
Major contributions during this period were:
• Restructured the UNDP office to operate under emergency conditions;
• Designed and put in place a new mechanism to quickly hire 500 staff for government functions;
• Assisted in the design of legal framework and negotiation of a new project to allow the UN to procure goods and
services on behalf of the government totaling 300 million dollars in the first two years This project became a
precursor for similar projects in other countries in the region;
• Created a support structure that provide support services to over 100 international experts and consultants in
economic policy, public finance, audit, trade policy, mining regulations, privatization, social security, state reform
and agriculture;
• Assisted in the administration of a project to reduce cultivation of coca leaf used in the production of cocaine.
Program Officer, UNDP Nicaragua, Brazil, Bolivia, and NY (1971-1985)
• Designed and implemented over 200 technical cooperation projects. This entailed: preparation of the legal framework;
analyzing institutional capacity of governments to absorb and make good use of assistance provided; analyze project
proposal for internal coherence using the logical framework for design; coordinate activities with other donors, and
NGO’s who were working in the same field; identified key success criteria and ways of measuring progress; prepared
and revised budgets annually or more frequently if warranted; identified and recruited experts.
Other Work Experience
Interpreter, Accent on Languages, Berkeley, CA. P/T, Spanish/English interpreter, continuous since 2011.
Interpreter, Language Line Inc, Monterey, CA. P/T, Spanish/English interpreter, 2009-2011.
Tax Preparer, H&R Block, Part time, seasonal, Jan-April 2010
Intern Goodrich Aerostructures Group, Chula Vista, CA -Supply Chain Management Contract Admin. Group 2008
Volunteer, Office of the Public Defender in conjunction with Paralegal Program, Southwestern College. 2007.
Education
Master of Arts, History, Queens College, NY
Bachelor of Arts, Latin American Studies, Queens College, NY
Associate of Science, in Paralegal Studies (May 2008), Southwestern College, San Diego, CA.
Languages: English, Spanish, Portuguese, some German
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MARIA SEGURA
PROFESSIONAL REFERENCES
COMMUNITY INVOLVEMENT
National City Rotary Board Member (2020- CURRENT)
Marketing and Fundraising Director
National Latina Businesswomen Association (2017-2019)
President and Vice President
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