HomeMy WebLinkAbout2024-07-17 BOE Agenda Packet
Date:Wednesday, July 17, 2024
Time:5:15 p.m.
Location:City Hall, Bldg. A, Executive Conference Room #103
276 Fourth Avenue, Chula Vista, CA
Board of Ethics Regular Meeting
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.
•
Submit an eComment. Visit www.chulavistaca.gov/boardmeetings, locate this meeting, and
click the comment bubble icon. Click on the item you wish to comment on, then click "Leave
Comment."
•
Email comments. Submit comments via email to BOE@chulavistaca.gov.•
The commenting period will close at noon on the day of the meeting. All comments will be made
available to the Board and the public.
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, Colon-Torres, Gersten, Hurst, Salas, Torres,
Velissaropoulos
3.PRESENTATION
3.1 Board of Ethics - Role, Duties, and Procedures
Presenters: Megan McClurg, Assistant City Attorney, and Kerry Bigelow, City
Clerk
Recommended Action:
Hear presentation.
4.PUBLIC COMMENTS 4
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.
5.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.
5.1 Approval of June 12, 2024 Meeting Minutes 35
Recommended Action:
Review minutes and consider for approval.
5.2 Written Communications 38
Communication from Board Member Gersten requesting an excused
absence from the June 12, 2024 Board of Ethics meeting.
Recommended Action:
Consider request for excused absence as appropriate.
5.3 Selection of Chair and Vice Chair for Fiscal Year 2024 - 2025
Recommended Action:
Nominate and elect Chari for Fiscal Year 2024 - 2025.
5.4 Consideration of and Possible Action on Proposed Annual Report for Fiscal
Year 2023 - 2024 on Board of Ethics Activities
39
Presentation by Chair Barragan regarding the proposed annual report to City
Council on Board of Ethics activity for Fiscal Year 2023 - 2024.
City of Chula Vista Board of Ethics
July 17, 2024 Agenda Page 2 of 40
Recommended Action:
Commission hear the presentation by Chair Barragan and authorize the
Chair to work with staff to finalize and submit the annual report.
5.5 Continued Discussion and Possible Action on Board of Ethics Work Plan for
Fiscal Year 2023 - 2024
Update on ad hoc subcommittees work plan for the following projects.
Group A: Lobbying Ordinance - Board Members Isidro Barragan, Leslie Hurst
and Bobby Ray Salas
Group B: Ex Parte Communications Policy - Board Members William
Gersten, Jose Torres and Bobby Ray Salas
Group C: Amendments to Code of Ethics - Board Members Alexia
Velissaropoulos, Leslie Hurst and Robert Colon-Torres
Recommended Action:
Discuss ad hoc subcommittee work and/or goals and take other action as
appropriate.
OTHER BUSINESS
6.STAFF COMMENTS
7.CHAIR'S COMMENTS
8.BOARD MEMBERS' COMMENTS
9.ADJOURNMENT
to the regular meeting on August 21, 2024 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.
City of Chula Vista Board of Ethics
July 17, 2024 Agenda Page 3 of 40
Page 4 of 40
City of Chula Vista Board of Ethics
July 17, 2024 Agenda
2
media page. This is creating a division and having a negative affect on the community.
Please look into this as I do not feel locking an outdoor, public park facility 24/7 and keeping a specific group of people from
accessing a facility which they have come to rely on for decades, while allowing the rest of the general public to access other
outdoor facilities is a fair or balanced treatment of certain community members..
Allowing a park facility to remain idyll for 345 days a year also seem to degrade a park and keeping it from remaining vibrant
and usable by the community.
Sincerely,
Stacy Jett
Thank you,
City of Chula Vista
This is an automated message generated by Granicus. Please do not reply directly to this email.
M m m
Page 5 of 40
City of Chula Vista Board of Ethics
July 17, 2024 Agenda
1
Doris Cornejo
From:Robert
Sent:Monday, May 20, 2024 4:56 PM
To:Parks & Recreation Commission; Jose Preciado; John McCann; CityAttorney; CityClerk;
HumanResources; Board of Ethics
Subject:Re: AUDIT 5.20.24 NO CALENDAR PUBLIC COMMENT./
WARNING - This email originated from outside the City of Chula Vista. Do not click any links and do not open
attachments unless you can confirm the sender.
PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to
reportphishing@chulavistaca.gov
audit 3.20.24 PRC REFERENCE . NO PAPERWORK HAS BEEN
UPDATED TO INCLUDE PUBLIC COMMENTS
On Mon, May 20, 2024 at 3:52 PM Robert wrote:
just so u know i know there wasnt a book "agenda in full for review." at city clerks to read 48 hr befor the meeting.
On Mon, May 20, 2024 at 3:30 PM Robert wrote:
and no email was sent to anyone/.
On Mon, May 20, 2024 at 3:28 PM Robert wrote:
still no audio./ but like i said they dont care.
On Mon, May 20, 2024 at 3:21 PM Robert wrote:
date abuse of backend laser fiche
On Mon, May 20, 2024 at 3:19 PM Robert wrote:
Page 6 of 40
City of Chula Vista Board of Ethics
July 17, 2024 Agenda
2
still no audio
On Mon, May 20, 2024 at 3:18 PM Robert wrote:
On Mon, May 20, 2024 at 3:17 PM Robert wrote:
Page 7 of 40
City of Chula Vista Board of Ethics
July 17, 2024 Agenda
3
On Mon, May 20, 2024 at 3:16 PM Robert wrote:
On Mon, May 20, 2024 at 3:12 PM Robert wrote:
Page 8 of 40
City of Chula Vista Board of Ethics
July 17, 2024 Agenda
4
here is your proof they didnt do it correct
On Mon, May 20, 2024 at 3:09 PM Robert wrote:
Page 9 of 40
City of Chula Vista Board of Ethics
July 17, 2024 Agenda
5
time 15:09
On Mon, May 20, 2024 at 3:08 PM Robert wrote:
5.16.24
On Mon, May 20, 2024 at 2:54 PM Robert wrote:
Page 10 of 40
City of Chula Vista Board of Ethics
July 17, 2024 Agenda
6
On Mon, May 20, 2024 at 2:53 PM Robert wrote:
On Mon, May 20, 2024 at 2:28 PM Robert wrote:
On Mon, May 20, 2024 at 2:15 PM Robert wrote:
Page 11 of 40
City of Chula Vista Board of Ethics
July 17, 2024 Agenda
7
NO LINKS.
On Mon, May 20, 2024 at 2:11 PM Robert wrote:
no email
On Mon, May 20, 2024 at 2:06 PM Robert wrote:
Page 12 of 40
City of Chula Vista Board of Ethics
July 17, 2024 Agenda
8
On Mon, May 20, 2024 at 2:04 PM Robert wrote:
Page 13 of 40
City of Chula Vista Board of Ethics
July 17, 2024 Agenda
9
https://x.com/619CVLD/status/1790942055025537156
Watch the video.
On Mon, May 20, 2024 at 12:31 PM Robert wrote:
Page 14 of 40
City of Chula Vista Board of Ethics
July 17, 2024 Agenda
1
Doris Cornejo
From:Robert
Sent:Wednesday, May 22, 2024 10:18 AM
To:Charter Review Commission; CityClerk; CityAttorney; Jose Preciado; John McCann;
HumanResources; Board of Ethics
Subject:Audit 5.22.24 Public Comment
WARNING - This email originated from outside the City of Chula Vista. Do not click any links and do not open
attachments unless you can confirm the sender.
PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to
reportphishing@chulavistaca.gov
parks and rec. SM
both are special meetings and yet one removes public comments..
Page 15 of 40
City of Chula Vista Board of Ethics
July 17, 2024 Agenda
1
Doris Cornejo
From:Robert
Sent:Wednesday, May 22, 2024 12:00 PM
To:Jose Preciado; John McCann; CityAttorney; CityClerk; HumanResources; Board of Ethics;
Communications
Subject:audit 5.22.24 Public comment
WARNING - This email originated from outside the City of Chula Vista. Do not click any links and do not open
attachments unless you can confirm the sender.
PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to
reportphishing@chulavistaca.gov
locked down cant view and yet they never share on X.com
Page 16 of 40
City of Chula Vista Board of Ethics
July 17, 2024 Agenda
1
Doris Cornejo
From:Robert
Sent:Monday, May 06, 2024 9:16 PM
To:Board of Ethics
Subject:more examples
WARNING ‐ This email originated from outside the City of Chula Vista. Do not click any links and do not open
attachments unless you can confirm the sender.
PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to
reportphishing@chulavistaca.gov
https://x.com/thinkchulavista/status/1787650666321658272
Page 17 of 40
City of Chula Vista Board of Ethics
July 17, 2024 Agenda
1
Doris Cornejo
From:Robert
Sent:Wednesday, May 15, 2024 12:40 PM
To:Board of Ethics
Subject:Fwd: AUDIT 5.13.24
WARNING ‐ This email originated from outside the City of Chula Vista. Do not click any links and do not open
attachments unless you can confirm the sender.
PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to
reportphishing@chulavistaca.gov
‐‐‐‐‐‐‐‐‐‐ Forwarded message ‐‐‐‐‐‐‐‐
From: Robert
Date: Mon, May 13, 2024 at 11:29 AM
Subject: AUDIT 5.13.24
To: <BOAA@chulavistaca.gov>, CityClerk <cityclerk@chulavistaca.gov>, <CityAttorney@chulavistaca.gov>,
<jpreciado@chulavistaca.gov>, Mayor John McCann <jmccann@chulavistaca.gov>
like i said i will just show you how stuff treats boards different then reg city meetings.
no one is checking their work.. WHO IS IN CHARGE? NO MANAGERS CHECK THEIR WORK?
Page 18 of 40
City of Chula Vista Board of Ethics
July 17, 2024 Agenda
1
Doris Cornejo
From:Robert
Sent:Wednesday, May 15, 2024 12:41 PM
To:Board of Ethics
Subject:audit 5.15.24 PC
WARNING ‐ This email originated from outside the City of Chula Vista. Do not click any links and do not open
attachments unless you can confirm the sender.
PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to
reportphishing@chulavistaca.gov
the information is supposed to be easy to share.
yet no links to any information.. STILL
Page 19 of 40
City of Chula Vista Board of Ethics
July 17, 2024 Agenda
1
Doris Cornejo
From:Robert
Sent:Monday, April 29, 2024 3:54 PM
To:Board of Ethics
Subject:Fwd: AUDIT 4.29.24
WARNING ‐ This email originated from outside the City of Chula Vista. Do not click any links and do not open
attachments unless you can confirm the sender.
PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to
reportphishing@chulavistaca.gov
SOCIAL MEDIA
‐‐‐‐‐‐‐‐‐‐ Forwarded message ‐‐‐‐‐‐‐‐‐
From: Robert
Date: Mon, Apr 29, 2024 at 3:38 PM
Subject: AUDIT 4.29.24
To: Mayor John McCann <jmccann@chulavistaca.gov>, <jpreciado@chulavistaca.gov>,
<CityAttorney@chulavistaca.gov>, CityClerk <cityclerk@chulavistaca.gov>, <humanresources@chulavistaca.gov>,
CHULAVISTACA Support <chulavistaca@govqa.us>, <communications@chulavistaca.gov>, <MClock@chulavistaca.gov>
Page 20 of 40
City of Chula Vista Board of Ethics
July 17, 2024 Agenda
2
I NOTICED THAT THE CALENDAR ISNT GETTING UPDATES FOR EVENTS
DAY OF THE CHILD IS IN A CHULA VISTA PARK AS FAR AS I KNOW SPONSORED BY THE CITY YET NO EFFORT WAS MADE
TO PROMOTE THE EVENT.
A SIMPLE CALENDAR EVENT WOULD DO
THE EARTHDAY EVENT WAS ON THE CALENDAR AND SOMEONE DELETED IT.
MAKES ME WONDER WHO IS CONTROLLING THE CALENDAR
CITY CLERK
BOARDS
FIRE
POLICE
ALL EVENTS FOR ALL DEPARTMENTS NEED TO BE ON THE CALENDAR. TO EVEN SAY YOUR TRYING TO INFORM US. THIS IS
OUR WEBSITE .
I HAVE BEEN WORKING TO CORRECT THESE ISSUES BUT MISSING EVENTS SHOULD BE THOUGHT MORE OF. THE WEBSITE
IS WHAT THEY CLAIM I NEED TO REFERENCE YET I FIND THE WEBSITE IS NOT PRIORITISED LIKE IT SHOULD IF CLAIMING
FOR BROWN ACT COMPLIANCE AND NOTIFYING THE PUBLIC OF MEETINGS AND AGENDAS.
WE WILL BE GOING TO OUR 5TH MONTH OF CAL AUDITS. WHEN I SAY THERE IS DAMAGES THERE ARE.
MY EFFORTS FROM BOARD TO BOARD NOW WE CAN GET TO INFORMATION ABOUT THE MEETING IN LESS CLICKS . MY
PRIORITY IS TO THE ACCESS AND SHARING OF SAID INFORMATION. WHEN STAFF MAKES MISTAKES IT CAUSES REAL
WORLD DAMAGES.
CONFLICT OF MEETINGS: THE PUBLIC HAS A RIGHT TO ATTEND SUCH MEETING YET STAFF WILL SCHEDULE TWO
MEETING AT THE SAME TIME. WHICH CAUSES THE PUBLIC TO HAVE TO CHOOSE WHICH ONE TO ATTEND THERE ARE
EVEN MORE CONFLICTS BUT WE CAN LEAVE IT AT THE CITY'S OWN CALENDAR TO MAKE IT EASY FOR STAFF TO
IDENTIFY THOSE CONFLICTS. STAFF ACTING FOR THE PUBLIC GOOD SHOULD KEEP IN MIND THE CONFLICT.
TODAY THE CITY STILL HAS ALOT OF WORK TO DO TO CORRECT SUCH MATTERS AND THIS SHOULD BE A PRIORITY AS
MUCH AS IT WAS TO REMOVE THE PUBLICS TIME FROM 5 MINS TO 3 MINS.
Page 21 of 40
City of Chula Vista Board of Ethics
July 17, 2024 Agenda
3
STAFF HAS A LACK OF TRANSPARENCY AND THIS SHOULD BE ADDRESSED.
PLEASE CHECK FOR AUDIT EMAIL
FOR MORE INFORMATION
ROBERT JOHNSON
AUDITING IS NOT A CRIME.
YOU SWORE AN OATH.
Page 22 of 40
City of Chula Vista Board of Ethics
July 17, 2024 Agenda
1
Doris Cornejo
From:Robert
Sent:Monday, April 29, 2024 5:03 PM
To:CityClerk; CityAttorney; John McCann; Jose Preciado; Board of Ethics
Subject:AUDIT 4.29.24
WARNING ‐ This email originated from outside the City of Chula Vista. Do not click any links and do not open
attachments unless you can confirm the sender.
PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to
reportphishing@chulavistaca.gov
CANT READ
Page 23 of 40
City of Chula Vista Board of Ethics
July 17, 2024 Agenda
1
Doris Cornejo
From:Robert
Sent:Wednesday, May 15, 2024 12:40 PM
To:Board of Ethics
Subject:Fwd: AUDIT 5.13.24
WARNING - This email originated from outside the City of Chula Vista. Do not click any links and do not open
attachments unless you can confirm the sender.
PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to
reportphishing@chulavistaca.gov
---------- Forwarded message --------
From: Robert
Date: Mon, May 13, 2024 at 11:29 AM
Subject: AUDIT 5.13.24
To: <BOAA@chulavistaca.gov>, CityClerk <cityclerk@chulavistaca.gov>, <CityAttorney@chulavistaca.gov>,
<jpreciado@chulavistaca.gov>, Mayor John McCann <jmccann@chulavistaca.gov>
like i said i will just show you how stuff treats boards different then reg city meetings.
no one is checking their work.. WHO IS IN CHARGE? NO MANAGERS CHECK THEIR WORK?
Page 24 of 40
City of Chula Vista Board of Ethics
July 17, 2024 Agenda
1
Doris Cornejo
From:Robert
Sent:Wednesday, June 12, 2024 3:56 PM
To:Board of Ethics; CityClerk; CityAttorney; John McCann; Jose Preciado
Subject:Re: audit 6.12.24
WARNING - This email originated from outside the City of Chula Vista. Do not click any links and do not open
attachments unless you can confirm the sender.
PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to
reportphishing@chulavistaca.gov
THEY NEVER CHECKED THEIR WORK. AND HERE WE ARE CONFLICTS AND I CANT MAKE IT. NOW.
On Wed, Jun 12, 2024 at 2:24 PM Robert wrote:
Page 25 of 40
City of Chula Vista Board of Ethics
July 17, 2024 Agenda
2
I CANT BE IN 2 PLACE AT ONCE. CONFLICTS YET NO ONE SEEMS TO CARE.
Page 26 of 40
City of Chula Vista Board of Ethics
July 17, 2024 Agenda
From:Robert
To:Board of Ethics
Subject:Fwd: AUDIT 4.29.24
Date:Monday, April 29, 2024 3:54:22 PM
Attachments:image.png
image.png
WARNING - This email originated from outside the City of Chula Vista. Do not click any
links and do not open attachments unless you can confirm the sender.
PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT
BUTTON or to reportphishing@chulavistaca.gov
SOCIAL MEDIA
---------- Forwarded message ---------
From: Robert
Date: Mon, Apr 29, 2024 at 3:38 PM
Subject: AUDIT 4.29.24
To: Mayor John McCann <jmccann@chulavistaca.gov>, <jpreciado@chulavistaca.gov>,
<CityAttorney@chulavistaca.gov>, CityClerk <cityclerk@chulavistaca.gov>,
<humanresources@chulavistaca.gov>, CHULAVISTACA Support
<chulavistaca@govqa.us>, <communications@chulavistaca.gov>,
<MClock@chulavistaca.gov>
Page 27 of 40
City of Chula Vista Board of Ethics
July 17, 2024 Agenda
I NOTICED THAT THE CALENDAR ISNT GETTING UPDATES FOR EVENTS
DAY OF THE CHILD IS IN A CHULA VISTA PARK AS FAR AS I KNOW SPONSORED
BY THE CITY YET NO EFFORT WAS MADE TO PROMOTE THE EVENT.
A SIMPLE CALENDAR EVENT WOULD DO
THE EARTHDAY EVENT WAS ON THE CALENDAR AND SOMEONE DELETED IT.
MAKES ME WONDER WHO IS CONTROLLING THE CALENDAR
CITY CLERK
BOARDS
FIRE
POLICE
ALL EVENTS FOR ALL DEPARTMENTS NEED TO BE ON THE CALENDAR. TO
EVEN SAY YOUR TRYING TO INFORM US. THIS IS OUR WEBSITE .
I HAVE BEEN WORKING TO CORRECT THESE ISSUES BUT MISSING EVENTS
SHOULD BE THOUGHT MORE OF. THE WEBSITE IS WHAT THEY CLAIM I NEED
TO REFERENCE YET I FIND THE WEBSITE IS NOT PRIORITISED LIKE IT SHOULD
IF CLAIMING FOR BROWN ACT COMPLIANCE AND NOTIFYING THE PUBLIC OF
MEETINGS AND AGENDAS.
WE WILL BE GOING TO OUR 5TH MONTH OF CAL AUDITS. WHEN I SAY THERE IS
DAMAGES THERE ARE.
MY EFFORTS FROM BOARD TO BOARD NOW WE CAN GET TO INFORMATION
ABOUT THE MEETING IN LESS CLICKS . MY PRIORITY IS TO THE ACCESS AND
SHARING OF SAID INFORMATION. WHEN STAFF MAKES MISTAKES IT CAUSES
REAL WORLD DAMAGES.
CONFLICT OF MEETINGS: THE PUBLIC HAS A RIGHT TO ATTEND SUCH
Page 28 of 40
City of Chula Vista Board of Ethics
July 17, 2024 Agenda
MEETING YET STAFF WILL SCHEDULE TWO MEETING AT THE SAME TIME.
WHICH CAUSES THE PUBLIC TO HAVE TO CHOOSE WHICH ONE TO ATTEND
THERE ARE EVEN MORE CONFLICTS BUT WE CAN LEAVE IT AT THE CITY'S
OWN CALENDAR TO MAKE IT EASY FOR STAFF TO IDENTIFY THOSE
CONFLICTS. STAFF ACTING FOR THE PUBLIC GOOD SHOULD KEEP IN MIND THE
CONFLICT.
TODAY THE CITY STILL HAS ALOT OF WORK TO DO TO CORRECT SUCH
MATTERS AND THIS SHOULD BE A PRIORITY AS MUCH AS IT WAS TO REMOVE
THE PUBLICS TIME FROM 5 MINS TO 3 MINS.
STAFF HAS A LACK OF TRANSPARENCY AND THIS SHOULD BE ADDRESSED.
PLEASE CHECK FOR AUDIT EMAIL
FOR MORE INFORMATION
ROBERT JOHNSON
AUDITING IS NOT A CRIME.
YOU SWORE AN OATH.
Page 29 of 40
City of Chula Vista Board of Ethics
July 17, 2024 Agenda
1
Doris Cornejo
From:Robert
Sent:Wednesday, May 15, 2024 1:22 PM
To:Board of Ethics; Board of Library Trustees
Subject:Re: audit 5.15.24 PC
WARNING ‐ This email originated from outside the City of Chula Vista. Do not click any links and do not open
attachments unless you can confirm the sender.
PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to
reportphishing@chulavistaca.gov
NO LINKS
On Wed, May 15, 2024 at 12:40 PM Robert wrote:
Page 30 of 40
City of Chula Vista Board of Ethics
July 17, 2024 Agenda
2
the information is supposed to be easy to share.
yet no links to any information.. STILL
Page 31 of 40
City of Chula Vista Board of Ethics
July 17, 2024 Agenda
1
Doris Cornejo
From:Robert
Sent:Tuesday, June 25, 2024 8:39 PM
To:CityClerk; CityAttorney; John McCann; Jose Preciado; Board of Ethics; HumanResources;
Planning Commission
Subject:Re: Audit 6.25.24
WARNING - This email originated from outside the City of Chula Vista. Do not click any links and do not open
attachments unless you can confirm the sender.
PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to
reportphishing@chulavistaca.gov
cant comment on planning commission.
On Tue, Jun 25, 2024 at 8:34 PM Robert wrote:
i cant comment. still///
Page 32 of 40
City of Chula Vista Board of Ethics
July 17, 2024 Agenda
Page 33 of 40
City of Chula Vista Board of Ethics
July 17, 2024 Agenda
3
city
comments are closed which is restricting the public from leaving comments.
every time i will find the mistake time to look for paper work inperson. at location.
Page 34 of 40
City of Chula Vista Board of Ethics
July 17, 2024 Agenda
1
REGULAR MEETING OF THE BOARD OF ETHICS
Meeting Minutes
June 12, 2024, 5:15 p.m.
City Hall, Bldg. A, Executive Conference Room #103
276 Fourth Avenue, Chula Vista, CA
Present: Members Hurst, Maisonet, Salas, Velissaropoulos and Chair
Barragan
Absent: Members Gersten and Torres
Also Present: Assistant City Attorney Megan McClurg and Secretary Doris
Cornejo
_____________________________________________________________________
1. CALL TO ORDER
A special meeting of the Board of Ethics of the City of Chula Vista was called to
order at 5:23 p.m.
2. ROLL CALL
Secretary Cornejo called the roll.
3. PRESENTATION
3.1 Presentation by Deputy City Manager Courtney Chase: Keeping
Chula Vista Safe, Clean and Well-Maintained, A Status Update on
Measure P
Board Members heard presentation.
Page 35 of 40
City of Chula Vista Board of Ethics
July 17, 2024 Agenda
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3.2 Presentation by Assistant City Attorney Megan McClurg on Board
and Commission Meeting Notice Requirements Under the Brown Act
Board Members heard presentation.
4. ACTION ITEMS
4.1 Approval of April 17, 2024 Meeting Minutes
Moved by: Member Maisonet
Seconded by: Member Salas
Minutes approved.
Result: Carried Unanimously
4.2 Written Communications
Moved by Member Barragan
Seconded by Leslie Hurst
Absence approved.
Result: Carried Unanimously
4.3 Continued Discussion and Possible Action on Board of Ethics Work
Plan for Fiscal Year 2023 - 2024
Board Members of each ad hoc subcommittee updated the board on their
findings and progress.
Staff will report back to Board Members regarding their questions.
OTHER BUSINESS
5. STAFF COMMENTS
Secretary Cornejo reminded Board Members of the cancelled June 19, 2024
meeting.
6. CHAIR'S COMMENTS
Chair Barragan thanked staff and board members for their time and attending.
7. BOARD MEMBERS' COMMENTS
Board Member Salas inquired about member badges, City email addresses and
business cards.
Page 36 of 40
City of Chula Vista Board of Ethics
July 17, 2024 Agenda
3
Board Member Velissaropoulos informed the members that attending events for
the City of Chula Vista hasn't been an issue with regards to access and informing
staff of her role on the Board of Ethics.
Board Member Hurst inquired about public speaker roles vs. public camera men
roles.
8. ADJOURNMENT
The meeting was adjourned at 6:48 p.m.
Minutes prepared by: Doris Cornejo, Secretary
_________________________
Doris Cornejo, Secretary
Page 37 of 40
City of Chula Vista Board of Ethics
July 17, 2024 Agenda
Request for Excused Absence Form – 6/19
REQUEST FOR EXCUSED ABSENCE
City of Chula Vista Boards, Commissions, and Committees
Name: _________________________________________________ Date of Absence: _________________________________
Board/Commission/Committee: _________________________________________________________________________________
Chula Vista Municipal Code section 2.25.110 (C) allows board/commission/committee members, by a
majority vote, to excuse a fellow board, commission, or committee member’s absence from a meeting for any
of the reasons listed below. A member who is absent from three consecutive, regular meetings will be
deemed to have vacated his or her membership, unless the member’s absence is excused by a
majority vote of the other members. An absence is only recorded as “excused” upon receipt of a member’s
request and majority vote of the board/commission/committee to excuse the absence. Accordingly, if you
have been absent from a regular meeting, please complete and submit this form to the chair or secretary.
Please indicate the reason for the absence:
1. Illness of the member, family member of the member, or personal friend of the member;
2. Business commitment of the member that interferes with the attendance of the member at a meeting;
3. Previously scheduled vacation of the member, notice of which was provided to the respective board
or commission in advance of the meeting;
4. Attendance of the member at a funeral, religious service or ceremony, wedding, or other similarly
significant event;
5. Unexpected, emergency situation that prohibits the member’s attendance; or
6. Other reason for which the member has given notice to the secretary of his or her unavailability at
least seven days in advance of the meeting.
OR
The absence was not for any of the above-listed reasons. I understand that the absence will be recorded
as unexcused.
I certify the reason for the absence indicated above is true and correct.
Member’s Signature: __________________________________________________________ Date: _____________________________
If completed by secretary or staff to board/commission/committee:
Completed on member’s behalf by: _____________________________, per member’s Verbal Written request
on: _________________.
(date)
(secretary/liaison’s name)
Special Meeting of 6/12/24
Ethics Commission
6/1/24William Gersten
William Gersten
4
Page 38 of 40
City of Chula Vista Board of Ethics
July 17, 2024 Agenda
Page 1 of 2
Board of Ethics
Highlights of Activities During Fiscal Year 2023-24
1. Appoint members to serve on the Board of Ethics Interview Panel
a. On August 16, 2023, one Commissioner (Gersten) was appointed to serve on the
Board of Ethics Interview Panel and one Commissioner (Torres) was appointed to
serve as the alternate member.
2. Interviewed candidates to fill the 3 vacant seats
a. On November 29, 2023, 3 applicants were interviewed. Commissioners made the
decision to hold off on selecting applicants until they interview a 4th applicant.
b. On December 4, 2023, one candidate was scheduled to interview but the
applicant rescinded. The Commissioners met and moved forward with
recommending 1 applicant (Hurst) to the City Council for appointment.
c. On March 6, 2024, 2 applicants were interviewed. The Commissioners moved
forward with recommending both applicants (Salas and Maisonet) to the City
Council for appointment.
3. Selection of Board of Ethics Chair and Vice-Chair for FY 2023-24
a. On January 17, 2024, former Vice-Chair (Barragan) was nominated as Chair and
another Commissioner (Hurst) was nominated as Vice-Chair. Both nominations
were carried by unanimous votes.
4. Update to members serving on the Board of Ethics Interview Panel
a. On January 17, 2024, the Board of Ethics discussed the appointments of the
Commissioners (Gersten and Torres) on the Interview Panel. The update is that
Commissioner Torres was appointed to the Interview Panel while Commissioner
Gersten was appointed to serve as the alternate member.
FY 2023-24
Annual Activities Report
Page 39 of 40
City of Chula Vista Board of Ethics
July 17, 2024 Agenda
Page 2 of 2
5. Continued Discussion and Possible Action on Board of Ethics Work Plan for Fiscal Year
2023 - 2024
a. As of April 17, 2024, all Board of Ethics members have been appointed to an ad -
hoc subcommittee group.
i. Group A:Lobbying Ordinance
ii. Group B: Ex Parte Communications Policy
iii. Group C: Amendments to Code of Ethics
iv. Ad-hoc subcommittees continue to meet, discuss and share input on their
respective topic.
Board/Commission Comments or Recommendations to Council
None at this time.
Page 40 of 40
City of Chula Vista Board of Ethics
July 17, 2024 Agenda
BOARD OF ETHICS
Role, Duties, and Procedures
July 17, 2024
Agenda City Overview & Board/Commission/Committee
(B/C/C) Role
Duties
Procedures
Meetings/Attendance
Agenda
Minutes
Conflict of Interest
Member Communications
Recommendations to Council
Brown Act
Public Records Act
2
City
Structure
3
Role of B/C/Cs
Study a
specific area
of concern
Advise the
City Council
DO DON'T
Ear for the City Council Make policy decisions
Forum to encourage
communication participation
early in the process
Direct budget decisions, city
operations or programs
Broad perspective on focused
topics
Direct staff
Advisory recommendations to
the City Council
Act outside of the authority
granted by City Council
4
Transition to B/C/C Member
Community Advocate/ Activist
- Independent
- Advocacy
- Focused agenda
B/C/C Member
- Official City representative
- Team member
- Collaborative
- Deliberator
- Focused on overall good for
City
- Broad agenda
5
Categories of
Member
Responsibilities
To the City Council
To the Community
To Each Other
To Staff
6
Responsibilities
to the City
Council
Act consistently with Council directionAct
Be familiar with Council prioritiesBe
Clearly state if you are speaking for the
B/C/C or yourself as an individualState
Ask staff or who nominated you for
feedback and insightAsk
Stay focused on the official role of your
B/C/CFocus
Support and promote Council prioritiesSupport
7
Responsibilities to the Community
Listen to and
understand
diverse interests
within the
community
1
Bring forward
ideas…but within
the scope of the
B/C/C’s role and
work plan
2
Show respect to
all who come
before the
B/C/C
3
Understand that
you are seen as
a City
representative,
not a resident or
advocate
4
Help recruit for
B/C/C
vacancies –
you’re a great
advocate!
5
8
Responsibilities to Each Other
Be prepared for meetingsBe
Advise the secretary/staff well in advance if you will be absentAdvise
Allow others to speak without interruptingAllow
Seek to understand other points of viewSeek
Respect decisions of the majorityRespect
9
Responsibilities
to City Staff
Teamwork
Be realistic about staff capacity
Avoid giving staff direction
Treat staff with respect and courtesy, and expect
the same in return
Resources Use staff as a resource – ask questions in advance
when possible
Chair Chair coordinates with the B/C/C staff/secretary
10
Role of Staff Liaison & Secretary
Manages the agenda
with the Chair
•Confirms subject matter
jurisdiction of the B/C/C
•Sequences flow
•Reviews requests for items
Makes professional
recommendations Manages work plan
Provides input and
technical advice
Monitors for potential
Brown Act or other
concerns
Manages B/C/C roster
11
Board of Ethics’ Purpose
Chula Vista Municipal Code – 2.28.020 – Purpose
The Board of Ethics’ purpose is to advise and make recommendations to the City Council on all
matters relating to potential unethical conduct and to make such necessary and appropriate
recommendations to the City Council for the implementation of and amendments to the code of
ethics.
The Board of Ethics serves as a hearing body for violations of the code of ethics 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, given their role under this chapter, they are in
a unique position of trust and must strive to avoid any appearance of bias or partiality. Accordingly,
they should be aware that the public will scrutinize their conduct and actions, particularly during
the election cycle.
12
Board of Ethics' Duties
Chula Vista Municipal Code – 2.28.030 – Functions and Duties
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.
13
Board of Ethics’ Powers
Chula Vista Municipal Code – 2.28.040 – Powers of the Board of Ethics
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
-Adopt rules of procedure for the conduct of its business
14
Code of Ethics
Chula Vista Municipal Code – 2.01 – Code of Ethics
2.01.030(A) Guiding Principles
•Encourage the highest standards of behavior by City officials (over and above the legal requirements)
2.01.030(B) Additional Guiding Principles for Board of Ethics Members
•Encourage the highest standards of behavior by Board of Ethics members (over and above legal requirements)
Specific Prohibitions
•List of actions that are prohibited and deemed unethical for a City official to engage in
•Subject to enforcement action
15
Your
Webpage
www.chulavistaca.gov/boe
1616
Regular Meetings &
Attendance
The Board of Ethics’ regular meetings are held
on the third Wednesday of each month at
5:15 p.m.
Please promptly contact the B/C/C secretary
if you will be absent
boe@chulavistaca.gov
Notice is important to ensure that the B/C/C
will have a quorum
17
Absences
Chula Vista Municipal Code – 2.25.110 – Attendance requirements – Excused Absences
An office is deemed vacated if a member has three consecutive
unexcused absences from regular meetings.
Absences may be excused for the following reasons:
Illness; business commitments; pre-planned vacation with notice;
funeral/religious services; unscheduled emergency; any other reason
where seven (7) days notice provided
The B/C/C must vote to excuse absences – a member may vote to
excuse their own absence.
Approval of excused absences must be entered into the minutes.
18
FAQ -
Attendance
Q: How do I request an excused
absence?
A: Complete a “Request for
Excused Absence” form, which
you can request from your
secretary. Alternatively, you can
ask the secretary to complete the
form for you.
Important Notes:
The requests are public records,
so it’s recommended that you use
the form or provide a brief request
without personal details
It’s incumbent on each member
to request an excused absence.
19
Agenda
Roadmap for what will be discussed
Only items on an agenda may be
discussed/acted upon
Items may be added by the Chair, City staff,
or by a vote of the majority
Must provide for public participation
20
FAQ – Adding Agenda Items
Q: How do I get an item added to the agenda?
A: The Chair, staff, or a majority of the B/C/C can add an item to
the agenda.
Option 1: The individual can ask the Chair to consider including
the item on the next agenda. Be careful only to email the Chair
and secretary. Emailing or discussing with a majority of the
B/C/C may lead to a potential Brown Act violation.
Option 2: Individual members can request consensus under the
Member Comments section of the agenda to add an item to a
future agenda. The matter cannot be discussed at that time –
the B/C/C can only decide whether to add the item to future
agenda.
21
Agenda Website
www.chulavistaca.gov/boardmeetings
22
Rules of
Order
Chair leads the meeting and maintains order
Majority rules
Minority has right to be heard but must
respect decision of majority
Opposition must be verbalized
When a member has the floor, do not
interrupt
23
Typical
Process for
Hearing
Agenda
Items
2424
FAQ – Meeting Procedures
Q: How do I make a motion?
A: Depending on the situation, the following are examples of
how to make a motion, after hearing public comments and
being recognized by the Chair:
“I move approval of Item 5.”
“I move to add an item to next month’s agenda to discuss XYZ.”
“I move to [insert action].”
Be sure to make your motion clear so that the public, staff, and B/C/C know
exactly what the vote pertains to. Refrain from saying “so moved” – the action
can be easily misunderstood.
25
Minutes
CVMC 2.25.230 calls for the secretary to take action minutes
Action Minutes INCLUDE:
The actions (votes) that took place
at the meeting
The members who were present
and absent at the meeting
The name, city of residence, and
whether they were in support or
opposed to a particular item
Confirmation of legal processes
that were followed (e.g., if there
was a public hearing item, there
may be a statement that the
hearing was held at the time in the
public hearing notice)
Action Minutes DO NOT include
A transcript or summary of the
discussions that occurred during
the meeting
A transcript or verbatim record of
public speaker comments
26
FAQ - Minutes
Q: Can the B/C/C direct the staff or secretary to produce summary
or verbatim minutes?
A: No. The form of the minutes is decided by the City Council via the
Chula Vista Municipal Code. In addition, the Charter and Municipal
Code prohibit B/C/Cs from directing the work of staff. The City Council
minutes are also prepared in the same form.
Many B/C/Cs have audio recordings of the meetings posted on their
websites, if members or residents would like to listen to the full discussion.
27
Conflicts of Interest
Recusal
Types of conflicts
Financial (general, property-based, contract)
Common Law Bias
Recusal
Should recuse oneself when there is an actual conflict or
when the appearance of conflict is so great that it may taint the
process
You were placed on the B/C/C to participate - recusal should
be reserved only for conflicts and not be used solely to avoid making a
decision on a matter
28
RECUSAL
Steps to Follow
When a member has a conflict of interest, he or
she must:
Publicly state the nature of the conflict (e.g., “I
own property within 500 feet of the subject
project”); and
Unless the item is on the Consent Calendar, he or
she must leave the dais or table until
consideration of the item is finished.
29
Tips to
Avoiding
Conflicts of
Interest
Review each agenda statement carefully.
If you are aware of any basis for a potential conflict
on any item, contact the City Attorney in advance
for advice.
Report any changes in property holdings to the
secretary.
When in doubt, don’t vote.
30
To Vote or Not To Vote
If any question, seek advice from the City Attorney in advance.
Situation Good Reason
NOT to Vote?
Why?
The member owns a house
that is next door to the
project being considered.
Probably Member likely has a conflict of interest because of
the property owned within 500 -1,000 feet of the
project.
The decision is very
controversial, and the
member doesn’t want to
upset anyone.
Probably Not Members are appointed to make certain decisions,
and sometimes the decisions may be
uncomfortable. Members should review the
materials thoroughly and consider all points
carefully in order to make a thoughtful decision.
Feel free to ask questions and engage in discussion
during the meeting so that you can feel confident
in your vote.
The issue being discussed
would financially benefit
the member’s business.
Probably This scenario could constitute a conflict of interest. If
you’re not sure, always ask!
31
To Vote or Not To Vote
If any question, seek advice from the City Attorney in advance.
Situation Good Reason
NOT to Vote?
Why?
The item involves the
member’s own request for
an excused absence
Probably not Members can vote on their own excused absences
The member isn’t sure if
they have a conflict of
interest
Yes When in doubt, don’t vote. Always make an effort
to review materials in advance and request advice
from the City Attorney.
The item is approving
minutes from a meeting
the member was absent
Probably not There is no legal requirement that a member
abstain from voting on minutes when they were
absent. Voting to approve minutes is a ministerial
action that indicates your confidence in the
secretary’s production of accurate minutes. You
can also ask for the audio recording of a meeting
you may have missed to review the meeting.
32
Member Communications
When making statements, members must ensure that:
Their comments are factual
They indicate that actions taken by the B/C/C are
recommendations, with final actions to be taken by City Council,
when appropriate
They represent themselves as private residents, unless the views
or recommendations they express have been officially voted
upon
Individual members making recommendations or expressing
views that have not been officially voted on must indicate
they are expressing themselves as private residents, not as
representatives of their B/C/C.
33
FAQ – B/C/C Duties
Q: If there is a topic the B/C/C is passionate about and wants to
discuss, but it’s not part of the duties, can the B/C/C still discuss and
make recommendations on the topic?
A: No. B/C/Cs are charged with a specific scope and duties by the City
Council. If the subject matter is not within the scope of the B/C/C duties,
the B/C/C doesn’t have jurisdiction over the matter.
What you can do: pursue the matter as a private resident or include a
recommendation in your annual report to the City Council that the
topic be incorporated into your B/C/C’s duties.
34
Recommendations to Council
B/C/Cs may have topics, ideas, suggestions, and requests for direction to
bring forward to the City Council. These items require majority approval of
the B/C/C.
The following processes are in place to communicate with the Council:
By July 30 each year, all B/C/Cs provide an annual report to the City
Council on the previous fiscal year’s activities. B/C/C s may also make
recommendations to the City Council as part of that report.
B/C/Cs 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.
B/C/Cs, 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 B/C/Cs to
discuss items requiring significant discussion.
35
The Ralph M.
Brown Act
Cal. Govt. Code
§§ 54950, et. seq.
Core Principles
Local agencies can only deliberate and take
action at public meetings
Public must be notified in advance of all
meetings and matters to be considered
Public must be given access to information and
opportunity to provide input to decision-makers
Exceptions are limited
36
Meeting Rules
Cannot consider, discuss, deliberate or take action on
matters not on the agenda
Otherwise, only appropriate action is to refer item to staff
and/or for consideration on a future agenda
Brief response, question or statement is allowed
Very limited exceptions
When in doubt, best NOT to act and agendize for the next meeting
37
What to Avoid - Serial Meetings
Hub & Spoke
Member A
Member B
Member CMember D
Daisy Chain
Member CMember BMember A
A chain of communications (via phone,
email, in person, etc.) involving contact from
Member A to Member B, who then
communicates with Member C would
constitute a serial meeting in the case of a
five-person body.
When a person acts as the hub of a wheel
(Member A) and communicates individually
with the various spokes (Members B and C)
regarding a matter under the jurisdiction of the
B/C/C a serial meeting may have occurred.
38
Examples
Email between two
members regarding
their support for a
project, with copies to
two other members
One member to
another: “I’ve talked
with Member Z, and
they think. . .”
Staff tells a member
that two other
members are “on
board” with a pending
item
39
Subcommittees
The Brown Act may or may not
apply to subcommittees created
by the B/C/C
Contact City Clerk or City
Attorney for direction before
forming a subcommittee
Formation of a subcommittee
must be a noticed item on a
meeting agenda before it can
be created
40
Rights of the Public:
Attendance
Public must be allowed to attend, observe and speak at meetings
Cannot be required to register, or fulfill any “condition precedent” to attend; name and address can be requested, but no obligation to provide
Allowed to record the meeting with audio or video recorder; take photographs
Public may be critical of B/C/C in comments
Public may not engage in conduct that disrupts a meeting. Disruption is a very high standard and literally must be to the point where the meeting cannot go on.
4141
Rights of the Public: Public Comment
Regular Meeting
Agenda Items: Comment must be allowed; reasonable time limits can be adopted by local agency.
Non-agenda matters: Regular meeting agenda must provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public within its purview.
No action or discussion can occur
Can refer to staff for information; request a report back; request item be placed on future agenda
City Council speaker time limits:
Agenda Items: 3 minutes
Non-Agenda-Item Public Comments: 3 minutes
Consent Calendar: 3 minutes (for any or all items on the consent calendar)
Individuals using an interpreter are allotted twice the amount of time for public comments.
42
FAQ – Public Speakers
Q: What happens when a speaker brings up an issue that’s not on the
agenda?
The Brown Act doesn’t allow discussion or action on items that are not on
the agenda, but the B/C/C or staff can “briefly respond” to comments or
questions, request information from staff, or place the item on a future
agenda for discussion.
Examples of acceptable responses:
“I would like to request consensus of the B/C/C to add this item to the next
meeting agenda. At that time, can staff please provide additional information
regarding the matter?” Discussion among the B/C/C must be limited to whether
to add the matter to the agenda – no discussion of the matter brought forward
can take place at that time.
“Staff, do you know the answer to the speaker’s question about the timing of the
budget preparation?” Staff can respond with a brief explanation of the timeline.
Any further discussion about the budget or B/C/C recommendations should be
added as an item on a future agenda.
43
FAQ – Public Speakers
Q: How should the B/C/C address speakers who may be disruptive,
critical of the B/C/C’s or staff’s work, or just plain rude?
A: Brown Act provisions protect the public’s right to attend, observe,
and participate in meetings. B/C/Cs cannot prohibit public criticism of
policies, procedures, programs or services of the City or the acts or
omissions of the B/C/C itself.
Tips:
The B/C/C members should always listen and make an effort to understand the concerns and statements of all public speakers.
A simple “Thank you for your comments. The next speaker is…” is a sufficient
reply.
The time allotted to public speakers is an opportunity for them to voice their opinion. B/C/C members are not obligated to engage in discussion or respond to questions.
Members may ask follow up questions, if desired, but should be mindful of the speaker time limit to ensure all speakers have equal opportunity to speak.
44
Social
Media and
the Brown
Act
Increased risk of “serial” meetings
Emails, texts, tweets or posts during
meetings deny public access to
decision-making process
Using icons to react to other B/C/C
members’ posts may constitute a
violation
45
The
California
Public
Records Act
Intended to hold government accountable to the public
– secrecy is antithetical to a democratic government
Gives the public access to information/records that
enable them to monitor the functioning of their government
Public record = 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 form (i.e., electronic, paper)
Some types of records are exempted, but legal
authority is required
Most documents the B/C/C handles are public records
Includes texts/emails on personal devices if they
involve City business
46
FAQ - Records
Q: If I’ve been emailing back and forth with a resident about a
project that will be discussed at the next B/C/C meeting, can
someone obtain that by filing a public records request?
Yes! Even communications on private devices and accounts can be public records that must be disclosed.
Best Practice: Encourage members of the public to attend meetings and send communications through your B/C/C email address. Staff will
distribute communications to the B/C/C so all members have the benefit of
receiving the information. It will also be made available to the public as
required by law
Acceptable Practice: Copy your secretary on B/C/C communications and consider creating a separate email account for your B/C/C duties.
47
Additional Duties
Ethics training: Required to be completed within one year of being
appointed, and every two years thereafter. The City Attorney conducts
periodic trainings that you can attend in person. The FPPC offers free,
online training at: http://localethics.fppc.ca.gov/login.aspx. Provide your
certificate to cityclerk@chulavistaca.gov.
Form 700 filing: Required for some B/C/Cs. Filings are due within 30 days of
assuming or leaving office, and annually on April 1.
Reappointments: You will hear from the City Clerk’s office shortly before the
end of your term, if you are eligible to serve a second term. Please respond
and let us know if you’re interested in being considered for another term.
48
Additional Resources
League of California Cities Publications:
www.calcities.org/home/resources
“Open & Public VI: A Guide to the Ralph M. Brown Act”
“The People's Business: A Guide to the California Public Records Act”
Institute for Local Government: www.ca-ilg.org/meeting-resource-
center-tools-effective-meetings
“Meeting Resource Center: Tools for Effective Meetings”
Your staff liaison and secretary
City Attorney and City Clerk
49
QUESTIONS?
50
BOARD OF ETHICS
Role, Duties, and Procedures
July 17, 2024
Agenda City Overview & Board/Commission/Committee
(B/C/C) Role
Duties
Procedures
Meetings/Attendance
Agenda
Minutes
Conflict of Interest
Member Communications
Recommendations to Council
Brown Act
Public Records Act
2
City
Structure
3
Role of B/C/Cs
Study a
specific area
of concern
Advise the
City Council
DO DON'T
Ear for the City Council Make policy decisions
Forum to encourage
communication participation
early in the process
Direct budget decisions, city
operations or programs
Broad perspective on focused
topics
Direct staff
Advisory recommendations to
the City Council
Act outside of the authority
granted by City Council
4
Transition to B/C/C Member
Community Advocate/ Activist
- Independent
- Advocacy
- Focused agenda
B/C/C Member
- Official City representative
- Team member
- Collaborative
- Deliberator
- Focused on overall good for
City
- Broad agenda
5
Categories of
Member
Responsibilities
To the City Council
To the Community
To Each Other
To Staff
6
Responsibilities
to the City
Council
Act consistently with Council directionAct
Be familiar with Council prioritiesBe
Clearly state if you are speaking for the
B/C/C or yourself as an individualState
Ask staff or who nominated you for
feedback and insightAsk
Stay focused on the official role of your
B/C/CFocus
Support and promote Council prioritiesSupport
7
Responsibilities to the Community
Listen to and
understand
diverse interests
within the
community
1
Bring forward
ideas…but within
the scope of the
B/C/C’s role and
work plan
2
Show respect to
all who come
before the
B/C/C
3
Understand that
you are seen as
a City
representative,
not a resident or
advocate
4
Help recruit for
B/C/C
vacancies –
you’re a great
advocate!
5
8
Responsibilities to Each Other
Be prepared for meetingsBe
Advise the secretary/staff well in advance if you will be absentAdvise
Allow others to speak without interruptingAllow
Seek to understand other points of viewSeek
Respect decisions of the majorityRespect
9
Responsibilities
to City Staff
Teamwork
Be realistic about staff capacity
Avoid giving staff direction
Treat staff with respect and courtesy, and expect
the same in return
Resources Use staff as a resource – ask questions in advance
when possible
Chair Chair coordinates with the B/C/C staff/secretary
10
Role of Staff Liaison & Secretary
Manages the agenda
with the Chair
•Confirms subject matter
jurisdiction of the B/C/C
•Sequences flow
•Reviews requests for items
Makes professional
recommendations Manages work plan
Provides input and
technical advice
Monitors for potential
Brown Act or other
concerns
Manages B/C/C roster
11
Board of Ethics’ Purpose
Chula Vista Municipal Code – 2.28.020 – Purpose
The Board of Ethics’ purpose is to advise and make recommendations to the City Council on all
matters relating to potential unethical conduct and to make such necessary and appropriate
recommendations to the City Council for the implementation of and amendments to the code of
ethics.
The Board of Ethics serves as a hearing body for violations of the code of ethics 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, given their role under this chapter, they are in
a unique position of trust and must strive to avoid any appearance of bias or partiality. Accordingly,
they should be aware that the public will scrutinize their conduct and actions, particularly during
the election cycle.
12
Board of Ethics' Duties
Chula Vista Municipal Code – 2.28.030 – Functions and Duties
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.
13
Board of Ethics’ Powers
Chula Vista Municipal Code – 2.28.040 – Powers of the Board of Ethics
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
-Adopt rules of procedure for the conduct of its business
14
Code of Ethics
Chula Vista Municipal Code – 2.01 – Code of Ethics
2.01.030(A) Guiding Principles
•Encourage the highest standards of behavior by City officials (over and above the legal requirements)
2.01.030(B) Additional Guiding Principles for Board of Ethics Members
•Encourage the highest standards of behavior by Board of Ethics members (over and above legal requirements)
Specific Prohibitions
•List of actions that are prohibited and deemed unethical for a City official to engage in
•Subject to enforcement action
15
Your
Webpage
www.chulavistaca.gov/boe
1616
Regular Meetings &
Attendance
The Board of Ethics’ regular meetings are held
on the third Wednesday of each month at
5:15 p.m.
Please promptly contact the B/C/C secretary
if you will be absent
boe@chulavistaca.gov
Notice is important to ensure that the B/C/C
will have a quorum
17
Absences
Chula Vista Municipal Code – 2.25.110 – Attendance requirements – Excused Absences
An office is deemed vacated if a member has three consecutive
unexcused absences from regular meetings.
Absences may be excused for the following reasons:
Illness; business commitments; pre-planned vacation with notice;
funeral/religious services; unscheduled emergency; any other reason
where seven (7) days notice provided
The B/C/C must vote to excuse absences – a member may vote to
excuse their own absence.
Approval of excused absences must be entered into the minutes.
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FAQ -
Attendance
Q: How do I request an excused
absence?
A: Complete a “Request for
Excused Absence” form, which
you can request from your
secretary. Alternatively, you can
ask the secretary to complete the
form for you.
Important Notes:
The requests are public records,
so it’s recommended that you use
the form or provide a brief request
without personal details
It’s incumbent on each member
to request an excused absence.
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Agenda
Roadmap for what will be discussed
Only items on an agenda may be
discussed/acted upon
Items may be added by the Chair, City staff,
or by a vote of the majority
Must provide for public participation
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FAQ – Adding Agenda Items
Q: How do I get an item added to the agenda?
A: The Chair, staff, or a majority of the B/C/C can add an item to
the agenda.
Option 1: The individual can ask the Chair to consider including
the item on the next agenda. Be careful only to email the Chair
and secretary. Emailing or discussing with a majority of the
B/C/C may lead to a potential Brown Act violation.
Option 2: Individual members can request consensus under the
Member Comments section of the agenda to add an item to a
future agenda. The matter cannot be discussed at that time –
the B/C/C can only decide whether to add the item to future
agenda.
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Agenda Website
www.chulavistaca.gov/boardmeetings
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Rules of
Order
Chair leads the meeting and maintains order
Majority rules
Minority has right to be heard but must
respect decision of majority
Opposition must be verbalized
When a member has the floor, do not
interrupt
23
Typical
Process for
Hearing
Agenda
Items
2424
FAQ – Meeting Procedures
Q: How do I make a motion?
A: Depending on the situation, the following are examples of
how to make a motion, after hearing public comments and
being recognized by the Chair:
“I move approval of Item 5.”
“I move to add an item to next month’s agenda to discuss XYZ.”
“I move to [insert action].”
Be sure to make your motion clear so that the public, staff, and B/C/C know
exactly what the vote pertains to. Refrain from saying “so moved” – the action
can be easily misunderstood.
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Minutes
CVMC 2.25.230 calls for the secretary to take action minutes
Action Minutes INCLUDE:
The actions (votes) that took place
at the meeting
The members who were present
and absent at the meeting
The name, city of residence, and
whether they were in support or
opposed to a particular item
Confirmation of legal processes
that were followed (e.g., if there
was a public hearing item, there
may be a statement that the
hearing was held at the time in the
public hearing notice)
Action Minutes DO NOT include
A transcript or summary of the
discussions that occurred during
the meeting
A transcript or verbatim record of
public speaker comments
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FAQ - Minutes
Q: Can the B/C/C direct the staff or secretary to produce summary
or verbatim minutes?
A: No. The form of the minutes is decided by the City Council via the
Chula Vista Municipal Code. In addition, the Charter and Municipal
Code prohibit B/C/Cs from directing the work of staff. The City Council
minutes are also prepared in the same form.
Many B/C/Cs have audio recordings of the meetings posted on their
websites, if members or residents would like to listen to the full discussion.
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Conflicts of Interest
Recusal
Types of conflicts
Financial (general, property-based, contract)
Common Law Bias
Recusal
Should recuse oneself when there is an actual conflict or
when the appearance of conflict is so great that it may taint the
process
You were placed on the B/C/C to participate - recusal should
be reserved only for conflicts and not be used solely to avoid making a
decision on a matter
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RECUSAL
Steps to Follow
When a member has a conflict of interest, he or
she must:
Publicly state the nature of the conflict (e.g., “I
own property within 500 feet of the subject
project”); and
Unless the item is on the Consent Calendar, he or
she must leave the dais or table until
consideration of the item is finished.
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Tips to
Avoiding
Conflicts of
Interest
Review each agenda statement carefully.
If you are aware of any basis for a potential conflict
on any item, contact the City Attorney in advance
for advice.
Report any changes in property holdings to the
secretary.
When in doubt, don’t vote.
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To Vote or Not To Vote
If any question, seek advice from the City Attorney in advance.
Situation Good Reason
NOT to Vote?
Why?
The member owns a house
that is next door to the
project being considered.
Probably Member likely has a conflict of interest because of
the property owned within 500 -1,000 feet of the
project.
The decision is very
controversial, and the
member doesn’t want to
upset anyone.
Probably Not Members are appointed to make certain decisions,
and sometimes the decisions may be
uncomfortable. Members should review the
materials thoroughly and consider all points
carefully in order to make a thoughtful decision.
Feel free to ask questions and engage in discussion
during the meeting so that you can feel confident
in your vote.
The issue being discussed
would financially benefit
the member’s business.
Probably This scenario could constitute a conflict of interest. If
you’re not sure, always ask!
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To Vote or Not To Vote
If any question, seek advice from the City Attorney in advance.
Situation Good Reason
NOT to Vote?
Why?
The item involves the
member’s own request for
an excused absence
Probably not Members can vote on their own excused absences
The member isn’t sure if
they have a conflict of
interest
Yes When in doubt, don’t vote. Always make an effort
to review materials in advance and request advice
from the City Attorney.
The item is approving
minutes from a meeting
the member was absent
Probably not There is no legal requirement that a member
abstain from voting on minutes when they were
absent. Voting to approve minutes is a ministerial
action that indicates your confidence in the
secretary’s production of accurate minutes. You
can also ask for the audio recording of a meeting
you may have missed to review the meeting.
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Member Communications
When making statements, members must ensure that:
Their comments are factual
They indicate that actions taken by the B/C/C are
recommendations, with final actions to be taken by City Council,
when appropriate
They represent themselves as private residents, unless the views
or recommendations they express have been officially voted
upon
Individual members making recommendations or expressing
views that have not been officially voted on must indicate
they are expressing themselves as private residents, not as
representatives of their B/C/C.
33
FAQ – B/C/C Duties
Q: If there is a topic the B/C/C is passionate about and wants to
discuss, but it’s not part of the duties, can the B/C/C still discuss and
make recommendations on the topic?
A: No. B/C/Cs are charged with a specific scope and duties by the City
Council. If the subject matter is not within the scope of the B/C/C duties,
the B/C/C doesn’t have jurisdiction over the matter.
What you can do: pursue the matter as a private resident or include a
recommendation in your annual report to the City Council that the
topic be incorporated into your B/C/C’s duties.
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Recommendations to Council
B/C/Cs may have topics, ideas, suggestions, and requests for direction to
bring forward to the City Council. These items require majority approval of
the B/C/C.
The following processes are in place to communicate with the Council:
By July 30 each year, all B/C/Cs provide an annual report to the City
Council on the previous fiscal year’s activities. B/C/C s may also make
recommendations to the City Council as part of that report.
B/C/Cs 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.
B/C/Cs, 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 B/C/Cs to
discuss items requiring significant discussion.
35
The Ralph M.
Brown Act
Cal. Govt. Code
§§ 54950, et. seq.
Core Principles
Local agencies can only deliberate and take
action at public meetings
Public must be notified in advance of all
meetings and matters to be considered
Public must be given access to information and
opportunity to provide input to decision-makers
Exceptions are limited
36
Meeting Rules
Cannot consider, discuss, deliberate or take action on
matters not on the agenda
Otherwise, only appropriate action is to refer item to staff
and/or for consideration on a future agenda
Brief response, question or statement is allowed
Very limited exceptions
When in doubt, best NOT to act and agendize for the next meeting
37
What to Avoid - Serial Meetings
Hub & Spoke
Member A
Member B
Member CMember D
Daisy Chain
Member CMember BMember A
A chain of communications (via phone,
email, in person, etc.) involving contact from
Member A to Member B, who then
communicates with Member C would
constitute a serial meeting in the case of a
five-person body.
When a person acts as the hub of a wheel
(Member A) and communicates individually
with the various spokes (Members B and C)
regarding a matter under the jurisdiction of the
B/C/C a serial meeting may have occurred.
38
Examples
Email between two
members regarding
their support for a
project, with copies to
two other members
One member to
another: “I’ve talked
with Member Z, and
they think. . .”
Staff tells a member
that two other
members are “on
board” with a pending
item
39
Subcommittees
The Brown Act may or may not
apply to subcommittees created
by the B/C/C
Contact City Clerk or City
Attorney for direction before
forming a subcommittee
Formation of a subcommittee
must be a noticed item on a
meeting agenda before it can
be created
40
Rights of the Public:
Attendance
Public must be allowed to attend, observe and speak at meetings
Cannot be required to register, or fulfill any “condition precedent” to attend; name and address can be requested, but no obligation to provide
Allowed to record the meeting with audio or video recorder; take photographs
Public may be critical of B/C/C in comments
Public may not engage in conduct that disrupts a meeting. Disruption is a very high standard and literally must be to the point where the meeting cannot go on.
4141
Rights of the Public: Public Comment
Regular Meeting
Agenda Items: Comment must be allowed; reasonable time limits can be adopted by local agency.
Non-agenda matters: Regular meeting agenda must provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public within its purview.
No action or discussion can occur
Can refer to staff for information; request a report back; request item be placed on future agenda
City Council speaker time limits:
Agenda Items: 3 minutes
Non-Agenda-Item Public Comments: 3 minutes
Consent Calendar: 3 minutes (for any or all items on the consent calendar)
Individuals using an interpreter are allotted twice the amount of time for public comments.
42
FAQ – Public Speakers
Q: What happens when a speaker brings up an issue that’s not on the
agenda?
The Brown Act doesn’t allow discussion or action on items that are not on
the agenda, but the B/C/C or staff can “briefly respond” to comments or
questions, request information from staff, or place the item on a future
agenda for discussion.
Examples of acceptable responses:
“I would like to request consensus of the B/C/C to add this item to the next
meeting agenda. At that time, can staff please provide additional information
regarding the matter?” Discussion among the B/C/C must be limited to whether
to add the matter to the agenda – no discussion of the matter brought forward
can take place at that time.
“Staff, do you know the answer to the speaker’s question about the timing of the
budget preparation?” Staff can respond with a brief explanation of the timeline.
Any further discussion about the budget or B/C/C recommendations should be
added as an item on a future agenda.
43
FAQ – Public Speakers
Q: How should the B/C/C address speakers who may be disruptive,
critical of the B/C/C’s or staff’s work, or just plain rude?
A: Brown Act provisions protect the public’s right to attend, observe,
and participate in meetings. B/C/Cs cannot prohibit public criticism of
policies, procedures, programs or services of the City or the acts or
omissions of the B/C/C itself.
Tips:
The B/C/C members should always listen and make an effort to understand the concerns and statements of all public speakers.
A simple “Thank you for your comments. The next speaker is…” is a sufficient
reply.
The time allotted to public speakers is an opportunity for them to voice their opinion. B/C/C members are not obligated to engage in discussion or respond to questions.
Members may ask follow up questions, if desired, but should be mindful of the speaker time limit to ensure all speakers have equal opportunity to speak.
44
Social
Media and
the Brown
Act
Increased risk of “serial” meetings
Emails, texts, tweets or posts during
meetings deny public access to
decision-making process
Using icons to react to other B/C/C
members’ posts may constitute a
violation
45
The
California
Public
Records Act
Intended to hold government accountable to the public
– secrecy is antithetical to a democratic government
Gives the public access to information/records that
enable them to monitor the functioning of their government
Public record = 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 form (i.e., electronic, paper)
Some types of records are exempted, but legal
authority is required
Most documents the B/C/C handles are public records
Includes texts/emails on personal devices if they
involve City business
46
FAQ - Records
Q: If I’ve been emailing back and forth with a resident about a
project that will be discussed at the next B/C/C meeting, can
someone obtain that by filing a public records request?
Yes! Even communications on private devices and accounts can be public records that must be disclosed.
Best Practice: Encourage members of the public to attend meetings and send communications through your B/C/C email address. Staff will
distribute communications to the B/C/C so all members have the benefit of
receiving the information. It will also be made available to the public as
required by law
Acceptable Practice: Copy your secretary on B/C/C communications and consider creating a separate email account for your B/C/C duties.
47
Additional Duties
Ethics training: Required to be completed within one year of being
appointed, and every two years thereafter. The City Attorney conducts
periodic trainings that you can attend in person. The FPPC offers free,
online training at: http://localethics.fppc.ca.gov/login.aspx. Provide your
certificate to cityclerk@chulavistaca.gov.
Form 700 filing: Required for some B/C/Cs. Filings are due within 30 days of
assuming or leaving office, and annually on April 1.
Reappointments: You will hear from the City Clerk’s office shortly before the
end of your term, if you are eligible to serve a second term. Please respond
and let us know if you’re interested in being considered for another term.
48
Additional Resources
League of California Cities Publications:
www.calcities.org/home/resources
“Open & Public VI: A Guide to the Ralph M. Brown Act”
“The People's Business: A Guide to the California Public Records Act”
Institute for Local Government: www.ca-ilg.org/meeting-resource-
center-tools-effective-meetings
“Meeting Resource Center: Tools for Effective Meetings”
Your staff liaison and secretary
City Attorney and City Clerk
49
QUESTIONS?
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