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HomeMy WebLinkAbout2026-1-21 BOE Full Agenda Package **POST-MEETING AGENDA** Date:Wednesday, January 21, 2026 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 ______________________________________________________________________________ In-Person Public Comments: Join us for the Board of Ethics meeting at the time and location specified on this agenda to make your comments. Each person will be allotted three minutes to address the Board, unless otherwise adjusted by the presiding officer. Electronic Public Comments: At  www.chulavistaca.gov/boardmeetings, locate this meeting and click on the comment bubble icon. Select the item and click on "Leave Comment." The deadline to submit e- comments or any comments emailed to BOE@chulavistaca.gov will be noon on the day of the meeting. 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 board staff 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, Gersten, Padilla, Torres, Velissaropoulos, Vice-Chair Hurst, and Chair Salas 3.PUBLIC COMMENTS The public may address the Commission on any subject matter within the Commission’s jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Committee from discussing or taking action on any issue not included on the agenda. The Committee may schedule the topic for future discussion or refer the matter to staff. 4.ACTION ITEMS Action items are considered individually by the Commission and are expected to elicit discussion and deliberation. 4.1 Approval of Meeting Minutes 4 Recommended Action: Board to approve the minutes dated December 17, 2025. 4.2 Written Communications 7 Communication from Board Member Velissaropoulos requesting an excused absence from the December 17, 2025, Board of Ethics meeting. 4.3 Discussion and Potential Action to Refer Draft Lobbying Ordinance 8 Board to review proposed draft of the Lobbying Ordinance. Then determine potential action. Board to refer back to Ad Hoc Sub-Committee for further review;1. Board to refer back to City Staff for further review.2. 4.4 Discussion and Review of Ethics Complaint Form 63 Continuation of review and discussion of CVMC 2.28.090 4.5 Discussion on Board of Ethics Priorities for 2026 To discuss and identify key focus areas and priorities for the Board of Ethics for the upcoming year. City of Chula Vista Board of Ethics January 21, 2026 Agenda Page 2 of 135 5.PRESENTATION The following item(s) will be presentations given to the Commission. Action on these item(s) is typically limited to the Commission receiving the presentation and providing direction or feedback to staff, as appropriate. 5.1 Board of Ethics - Role, Duties, and Procedures 79 Presenter: Marco Verdugo, City Attorney 5.2 Update from Amendments to Code of Ethics Ad Hoc Sub-Committee 129 Consists of Vice Chair Leslie Hurst and Member Alexia Velissaropoulos. 6.STAFF COMMENTS 7.CHAIR'S COMMENTS 8.BOARD MEMBERS' COMMENTS 9.ADJOURNMENT to the regular meeting on February 18, 2026, 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 January 21, 2026 Agenda Page 3 of 135 City of Chula Vista Regular Board of Ethics Meeting MINUTES 276 Fourth Avenue, Chula Vista, CA Minutes are prepared and ordered to correspond to the agenda. _____________________________________________________________________ 1. CALL TO ORDER A regular meeting of the Board of Ethics of the City of Chula Vista was called to order at 5:18 p.m. 2. ROLL CALL Secretary Montalvo called the roll. 3. PUBLIC COMMENTS We received two e-comments on this item. 4. ACTION ITEMS 4.1 Approval of Meeting Minutes Moved by Member Gersten Seconded by Member Barragan Board to approve the minutes dated October 15, 2025. Page 4 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 2025-12-17 Board of Ethics Regular Meeting Minutes 2 The motion was carried by the following vote: Result: Carried (6 to 0) 4.2 Discussion and Potential Action to Refer Draft Ex Parte Communication Policy We received one e-comment in support of this item. Chair Salas shared that he has no issues with any of the changes made. Member Torres shared that he personally believes it is ready to move forward. Moved by Member Gersten Seconded by Vice Chair Hurst To forward the draft ex parte communication policy to council for approval. The motion was carried by the following vote: Result: Carried (6 to 0) 4.3 Discussion on Board of Ethics Priorities for 2026 We received one e-comment in support of this item. Member Barragan shared he would like it to be a priority to fill any vacancies should they happen. Board members discussed having an open house on Boards and Commissions would be beneficial. Member Torres shared a Board of Ethics training would be helpful. Chair Salas shared that he would like to add this item back to the agenda for the following meeting. Moved by Vice Chair Hurst Seconded by Member Padilla Page 5 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 2025-12-17 Board of Ethics Regular Meeting Minutes 3 To move discussion on Board of Ethics Priorities for 2026 to the next meeting on January, 21, 2026. The motion was carried by the following vote: Result: Carried (6 to 0) 5. PRESENTATION 5.1 Discuss Process for Review of Ethics Complaints City Attorney Verdugo shared the Board of Ethics Complaint Protocol. 5.2 Update from Amendments to Code of Ethics Ad Hoc Sub-Committee Vice Chair Hurst shared we are waiting on Member Velissaropoulos. 6. STAFF COMMENTS City Attorney Verdugo welcomed Member Padilla. We are still reviewing the complaint form and lobbying ordinance. We will bring it back to the January meeting. 7. CHAIR'S COMMENTS Chair Salas welcomed Member Padilla and wished everyone a happy holidays. 8. BOARD MEMBERS' COMMENTS Member Torres shared he looks forward to seeing everyone in 2026. Member Padilla shared he's looking forward to doing the work and wished everyone a happy holiday. Member Barragan wished everyone a happy holiday. 9. ADJOURNMENT The meeting was adjourned at 6:20 p.m. Minutes prepared by: Sydnie Montalvo, Board Secretary _________________________ Sydnie Montalvo, Board Secretary Page 6 of 135 City of Chula Vista Board of Ethics January 21, 2026 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) 12/12/205 12/17/25 Board of Ethics Sydnie Montalvo Alexia Velissaropoulos 4 4 Page 7 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 1 DRAFT 1-15-2026 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 2.55 OF THE CHULA VISTA MUNICIPAL CODE TO ADD LOBBYIST REGISTRATION AND REPORTING REQUIREMENTS WHEREAS, [INSERT TEXT] NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. Chapter 2.55 of the Chula Vista Municipal Code is amended as follows: Chapter 2.55 LOBBYIST REGISTRATION AND REPORTING Sections: 2.55.010 Title 2.55.020 Findings and Declarations 2.55.030 Purpose of the Lobbyist Requirements. 2.55.035 Lobbyist Defined 2.55.040 Definitions. 2.55.050 Activities Not Considered Lobbying. 2.55.060 Lobbyist- Annual Registration and Reporting. 2.55.070 Lobbyist- Identification. 2.55.080 Lobbyist- Prohibited Activities; Restriction 2.55.090 Administration by the City Clerk. 2.55.100 Enforcement. 2.55.105 Board of Ethics Review Page 8 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 2 2.55.110 Implementation Date. CHAPTER 2.55 2.55.010 Title. This Chapter shall be known as the Lobbyist Registration and Reporting Requirements of the City of Chula Vista, and may be referred to herein as the Lobbyist Requirements. 2.55.020 Findings and Declarations. The City Council of the City of Chula Vista finds and declares that the residents as follows. The People of the City of Chula Vista (City) have the need and right to know the identity of the individuals, businesses, and other organizations that make or receive money to influence City decisions. Lobbyists who attempt to influence the decisions of City government and the means employed by them to advance their employer’s interests. Full disclosure of lLobbying activities of such persons and the identity of their employers will bolster contribute to public confidence in the integrity of local government, increase accountability in the policy-making process, and protect the public’s interests. Full disclosure is also necessary to ensure that City officials are kept informed about the identity of persons whose interests the Lobbyists represent. 2.55.030 Purpose of the Lobbyist Requirements. The purposes of the Lobbyist Requirements are to maintain a fair and open decision-making process in City government and to ensure that the public and City officials have full knowledge of Lobbying activities that have been brought to bear on any Municipal Decision. 2.55.035 Lobbyist Defined. A. A “Lobbyist,” unless exempt under section 2.55.050, means any Person who is employed, Page 9 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 3 retained, or otherwise engaged for Compensation to Lobby, on behalf of a Person or Organization, any Designated City Official, either individually or collectively. 2.55.040 Definitions. Unless a term is specifically defined in this section or the contrary is stated or clearly appears from the context, the definitions set forth in the Political Reform Act of 1974, Government Code sections 81000 et seq., shall govern the meaning of terms. Any term herein expressed in the plural may also apply to the singular. The following terms shall have the meanings set forth herein: A. “Client” means any Person or Organization that employs, retains, or otherwise engages a Lobbyist, including one employed by a Lobbying Business, for Compensation to engage in Lobbying. B. “Compensation” means any economic consideration provided in exchange for services rendered or to be rendered in the future, including, without limitation, salary and wages, stipends, payments, promises to perform or provide goods or services, fees, contingency fees, success fees, bonuses, or awards. To satisfy the requirements of being a Lobbyist under Section 2.55.035, Compensation, as defined herein, must be provided, in whole or in part, as remuneration for engaging in Lobbying. C. “Designated City Official” includes all City agencies and means any of the following City officers or employees: (1) The Mayor; (2) Any Councilmembers; (3) Mayor and Councilmember staff members responsible for advising or reporting to the Mayor or Councilmember on policy matters or Municipal Decisions (including Chiefs of Staff, community liaisons, policy aides); *(4) A City board or commission member of the following boards or commissions: Page 10 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 4 Board of Ethics, Civil Service Commission, Planning Commission, [others to be defined] ; (5) The City Manager and all appointees under City Charter section 401; (6) The City Attorney and all appointees under City Charter section 503; (7) The City Clerk and all appointees under City Charter section 502; (8) Any candidate who has been elected to office but has not been sworn in. For purposes of this definition, a candidate is considered elected to office on the date the Council adopts its resolution declaring the results of the election. (8) Deputy or Assistant City Manager; (9) Any City Department Director; or (10) the Zoning Administrator, when acting as the decision maker in a Chapter 19 land use decision requiring a public hearing by the Zoning Administrator. Designated City Officials shall also include the Mayor or Councilmembers acting as the governing body for any governmental entity such as, but not limited to, the Successor Agency, Housing Authority, or Finance Authority. (9) Designated City Officials shall further include- Aany City representative to any joint powers authority to which the City is a party and the joint powers authority does not have a separate lobbying registration requirement. D. “Direct Communication” means talking to or communicating with a Pperson, either by telephone, or cell phone, and (including video calls,) or in person, or corresponding with a pPerson, either in writing, by electronic transmission (including by , but not limited to, emails, text messages, direct messaging via social media, or “Twitter,” “Instagram” or “ Facebook” type medium, or by other means of communication. ), or by facsimile machine. E. “Enforcement Authority” means the attorney assigned as special counsel by the Board of Ethics to enforce the provisions of this Chapter as set forth in Section 2.55.100 of this Chapter. The Board of Ethics shall solicit proposals from attorneys in accordance with Section 503 of the Page 11 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 5 City Charter and Chapter 2.56.110 of the Chula Vista Municipal Code (Municipal Code) to act as the Enforcement Authority. The Enforcement Authority shall be selected by the Board of Ethics from the same panel of special counsel chosen by the Board of Ethics, in accordance with Board of Ethics's selection and assignment policy, to act as the enforcement authority for the City’s Campaign Contribution Ordinance set forth in Chapter 2.52. The aforementioned Board of Ethics sSpecial counsel panel shall remain in place for the purposes of assigning a complaint to the Enforcement Authority until the Board of Ethics replaces it with a new special counselpanel. F. “Lobby” or “Lobbying” means to influence or attempt to influence a Municipal Decision of the City of Chula Vista by Direct Communication, in public or in private, with any Designated City Official, either individually or collectively, including as part of City Council or any City committee, board, task force, or other body of the City. Lobbying includes providing information, statistics, analysis, studies, or petitions to a Designated City Official. G. “Lobbyist,” unless exempt under section 2.55.050, means any Person who is employed, retained, or otherwise engaged for Compensation to Lobby any Designated Individual , on behalf of a Person or Organization, either individually or collectively. G. H. “Lobbyist Business” means any individual, business entity, trust, corporation, or partnership that employs a Lobbyist to Lobby for a Client. IH. “Municipal Decision” means: 1. The drafting, introduction, consideration, reconsideration, adoption, defeat, repeal, or veto of any ordinance or resolution; 2. The amendment of any ordinance or resolution; 3. A report recommending City action by a City staff member or City consultant to a Designated City Official; 4. A contract approval by City Council or the City Manager, except as otherwise permitted by Section 2.55.050. 5. Quasi-judicial decisions, including, but not limited to: Page 12 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 6 a. Any decision on a land development permit, map, or other matter decided by the City Council or City board or commission pursuant to the Municipal Code; b. Any grant, denial, modification, or revocation of a permit or license under the Municipal Code; and c. Any declaration of debarment under the Mmunicipal cCode; and 6. Any other decision or direction by the City Council or a City board or commission, as defined in Section 2.55.040(C)(4). JI. “Organization” means any business entity, trust, corporation, partnership, association, committee or any other organization or group of individuals acting in concert. J. “Person” means any individual, business entity, trust, corporation, association, committee, or any other organization or group of persons acting in concert. 2.55.050 Activities Not Considered Lobbying. The following Persons and activities are exempt from shall not be considered Lobbying for purposes the requirements of this Chapter: A. Any City official acting in their official capacity, and any government employee, consultant, or contractor, acting within the scope of their employmentor any federal, state or local elected or appointed official, acting in his or her official capacity; any employee, consultant or contractor of the City, acting within his or her scope of employment for the City; or employee of any federal, state or local governmental entity, acting within the scope of his or her federal, state, or local governmental entity employment.; B. Any newspaper or other periodical of general circulation, book publisher, radio, or television station (including any individual who owns, publishes, or is employed by any such newspaper or periodical, radio or television station) which in the ordinary course of business publishes (including via internet or other electronic medium) news items, editorials, or other comments, or paid advertisements, which directly or indirectly urge legislative or administrative action if such newspaper, periodical, book publisher, radio or television station or individual, engages in no further or other activities in connection with urging legislative or administrative action other than to appear before the City Council or any commission, body or board in support of or in opposition to such action. Page 13 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 7 C. Any Pperson whose sole activity includes communications with Designated City Officials except the Mayor, City Councilmembers, or Mayor and Councilmember staff members described in Section 2.55.040(C)(3) regarding the following: 1. To submit a bid on a competitively bid contract; 2. To submit a written response to a request for proposals or qualifications; 3. To participate in an oral interview for a request for proposals or qualifications; or 4. To negotiate the terms of a contract or agreement with the City once the City is authorized by law to enter into a contract with that Pperson has been selected pursuant to a bid, request for proposals or qualifications, or by other means of selection recognized by law. 5. To communicate with City staff about an existing contract between the Person and the City D. A Pperson whose communications are solely related to the establishment, amendment, administration, implementation or interpretation of a collective bargaining agreement or a memorandum of understanding or memorandum of agreement between the City and a recognized City employee organization or any communication required under the Meyers-Milias-Brown Act. Included in this Subsection is the representation of a City employee by an attorney or other representative in a disciplinary matter, including representation at an administrative interview, Skelly meeting (in accordance with Skelly v. State Personnel Board (1975) 15 Cal.3d 194), or appeal of discipline. E. Any Pperson who communicates with the City Attorney regarding legal matters or actual or potential litigation in any court or other legal forum. F. Any Pperson who communicates with a City employee, who is not a Designated City Official, on interpretation or implementation of existing land use plans and laws with respect to a land use project, including project processing. G. Any Pperson who communicates with the Development Services Department Director or Assistant Director of the Development Services Department on interpretation or Page 14 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 8 implementation of existing land use plans and laws , including for an approved project, and which do not involve communications regarding amendments to the City’s General Plan, Specific Plans, or zoning changes. H. The provision of purely technical data or analysis by an expert, so long as the expert does not otherwise engage in a Direct Communication for the purpose of influencing a Municipal Decision. This subsection is intended to be interpreted in a manner consistent with Title 2, Section 18239(d) (3) (A), of the California Code of Regulations. Experts include, but are not limited to, persons who are trained as architects, engineers, designers, statisticians, accountants, economists, or similar professions. I. An owner of a business or residence who communicates regarding his or her own business or residence with a Designated City Official. An owner, as used in this section, means any person with a controlling interest in his or her own business or residence. J. Any person, who otherwise meets the definition of Lobbyist, but who solely appears as a speaker engages in Lobbying activity at or provides written statements that become part of the record, at any public meeting of the City Council or any commission, committee, board, task force, or other body of the City open to the public. *K. Any person who engages in a De Minimis Act of Lobbying. A De Minimis Act of Lobbying means an unplanned communication regarding a Municipal Decision or Decisions and which would be considered lobbying, but lasts no longer than a total of 1 minute and does not involve any discussion or discussions on whether the Designated Official supports or opposes the Municipal Decision or Municipal Decisions discussed. 2.55.060 Lobbyist-Annual Registration and Reporting Requirements. A. Registration. A Lobbyist must register with the City Clerk five (5) calendar days before any scheduled Lobbying, but in no event no later than ten (10) calendar days after engaging in Lobbying. Page 15 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 9 B. Annual Registration Renewal. A Lobbyists must renew their his or her registration by January 15 of each year unless they he or she haves terminated their his or her status as a Lobbyist pursuant to Subsection I of this Section on or before January 15. C. Registration Fees. Persons subject to the registration requirements of this Chapter must pay a fee for cost recovery for administration of this Chapter. Tthe fee shall be established by the City Council in the City’s Chula Vista Master Fee Schedule. The fee shall reflect and not exceed the City’s costs of administering the requirements set forth in this Chapter. The applicable annual registration fee is due at the time of registration or registration renewal, and will be deemed delinquent thereafter. D. Late Fees. The City Clerk shall assess dDelinquency fees shall be assessed if any required registration or reporting requirement or payment of any fee occurs after the due date unless good cause is established, as described in Subsection 1.41.100(E) according to the provisions of Section 1.41.100 of this Code by the City Clerk or, if the Enforcement Authority files a complaint is filed pursuant to Section 2.55.100, by the Enforcement Authority. Notwithstanding Section 1.41.100(D), if a late fee is assessed pursuant to this Subsection, the late fee shall be $20 per day until the violation is corrected, with a maximum late fee of $600 imposed by the City Clerk, in addition to any fines or fees imposed by the Enforcement Authority. E. “Good Cause” Waiver of Fines for Late Filing or Payment of Fees. The City Clerk may waive late fees imposed under this Chapter issued by the City Clerk upon a showing of good cause. To request a waiver, the Lobbyist must provide to the City Clerk in writing, under penalty of perjury, the reason for the late filing that establishes good cause to the City Clerk and supporting include documentation, if any supporting the claim for good cause. Good cause, includes , but is not limited to incapacitation for medical reasons, hospitalization, accident involvement, loss or unavailability of records due to unforeseen and unpreventable events, or other similar legitimate reasons determined by the City Clerk to be beyond the Lobbyist’s control. Reasons not considered gGood cause does not , Page 16 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 10 include failure to , but are not limited to: not receiveing a notice of registering or reporting requirements or applicable deadlines; not being availableinability to find or sign forms; failure to not sending the paperwork to, or file the paperwork with, or filing with the proper official; not knowing where to get forms or reports; not having complete information by the filing deadline; secretarial error; or other similar reasons. F. Required Annual Registration Report. With the initial registration and any subsequent renewal, each Lobbyist must file a registration report with the City Clerk. The registration report shall be in a format prescribed by the City Clerk and must contain the following information: 1. The name, business address, email, and telephone and fax numbers of the Lobbyist required to register under this Chapter. The Lobbyist must also provide the name, business address, email, and telephone number, and fax numbers of their Lobbyist Business employer, if any. The Lobbyist must file an amended registration report with the City Clerk, in writing, within fifteen (15) calendar days, of any change in business address, email, or telephone or fax numbers. 2. The name, business address, email, and telephone and fax numbers of each Client or, Person, or Organization on whose behalf Lobbying activities are being conducted. The Lobbyist must also describe the nature of each client's or Person’s or Organization’s business and the Municipal Decision that the Lobbyist is seeking to influence on behalf of the Cclient or Person or Organization. G. Supplemental Registration Reports. Lobbyists must file supplemental registration reports with, and in a format, prescribed by, the City Clerk five (5) calendar days before any scheduled lobbying, but in no event no later than ten (10) of Lobbying on behalf of any Person or Organization who was not listed on the Lobbyist's initial or annual report. Supplemental reports must contain the information as specified in Subsection F of this Section. H. Quarterly Reports Summarizing Lobbyists Activities. Lobbyists must file quarterly Page 17 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 11 reports with, and in a format prescribed by, the City Clerk, on or before April 15, July 15, October 15 and January 15, for the prior calendar quarter. 1. Quarterly reports must contain the following information regarding their Lobbying activities with each Designated City Official: a. The Designated City Official with whom the Lobbying occurred; and b. For whom the Lobbying was conducted; and c. A brief description of (no more than twenty (20) words or less required) of the subject of the Lobbying; and d. With regard to the subject of the Lobbying, whether there was a single act or multiple acts of Lobbying and the approximate total amount of time spent Lobbying per subject in increments set forth in Subsection 5, below. e. Time spent Lobbying shall be reported in increments of: (i) One (1) hour or less; (ii) More than one (1) hour, but less than five (5) hours ; (iii) More than fFive (5) hours or more, but less than ten (10) hours; or (iv) More than tTen (10) hours or more. 2. Any Lobbyist that discovers incomplete or inaccurate information in a quarterly report filed under this Section, shall within ten (10) days of the discovery, file an amended quarterly report with the City Clerk within ten (10) calendar days of the discovery disclosing all information necessary to make the report complete and accurate. I. Termination of Lobbyist Status. A person or entity that was registered as a Lobbyist shall be deemed to be a Lobbyist for purposes of this Chapter until such time as that person or entity files a declaration with the City Clerk attesting to the termination of Lobbying services within the City, along with a final report summarizing their Lobbying activities as set forth Subsection H, beginning with the day after the period end on the most recent report filed through the termination date. If the Lobbyist had not filed their first quarterly report, the final report will cover the date they first were required to register through the termination date. The declaration Page 18 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 12 and final report must be executed on a form prescribed by the City Clerk for that purpose, and must be filed with the City Clerk within thirty (3) calendar days of the termination of a Lobbyist status. J. Updates Required Upon Notice from City Clerk. The City Clerk may, but is not required to, notify a Lobbyist to file an amended registration, registration renewal, quarterly report, or supplemental report pursuant to this Section as a courtesy. When any pPerson is so notified by the City Clerk to file an amended registration, registration renewal, quarterly report, or supplemental report pursuant to this Section, the Lobbyist must provide the information within the time period specified in the notice from the City Clerk. Failure to receive notification from the City shall not excuse compliance with this Section , and shall not be a defense to any action to enforce, the provisions of this Chapter. K. Under Penalty of Perjury. All documents and reports required of a Lobbyist under this Chapter must be signed and submitted under penalty of perjury. 2.55.070 Lobbyist-Identification. Lobbyists must identify themselves and their Client wWhen appearing in a Lobbying capacity at any meeting with a Designated City Official or at a public meeting of the City Council or any other City board or commission., the Lobbyist must identify himself or herself and the Client that he or she represents. In addition, at any public meeting of the City Council or any other City board or commission, a Lobbyist must disclose on the record, prior to addressing the City Council or any other City board or commission, whether they have engaged in Lobbying activities within thirty calendar days (30) of the public meeting with Designated City Officials that are present at the public meeting on a matter on the agenda for that public meeting, including public comment, by stating that they have met outside of the aforementioned public meeting with Designated City Officials (naming each one). For example, the above disclosure may be made as follows: “John Doe, appearing on behalf of Jane Doe on item X. and for the Page 19 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 13 record, I have had contact with Councilmembers X and Y on this matter within the last thirty (30) calendar days before this meeting.” 2.55.080 Lobbyist-Prohibited Activities; Restriction A. No Lobbyists shall not engage in Lobbying unless they arehe or she is registered with the City Clerk, as required by Section 2.55.060, areis current with any required reporting, and haves paid any and all fees and fines required or imposed pursuant to this Chapter. B. No person convicted of a criminal violation of this Chapter may act as a Lobbyist or otherwise attempt to influence Municipal Decisions for Compensation under this Chapter for two years after such conviction. 2.55.090 Administration by the City Clerk. The City Clerk shall: 1. Subject to review and approval by the City Attorney, create all forms and explanatory materials, and adopt all reasonable and necessary policies or procedures to implement this Chapter. The City Clerk may require electronic filing of registration, required reports, complaints, or other documents. 2. Provide annual yearly reports to the Mayor and City Council on the following: (1) Lobbyist registrations; (2) pending complaints and enforcement proceedings under this Chapter; and (3), if determined appropriate by the City Clerk, provide any recommendations for amendments of this Chapter to improve administration of this Chapter. Press releases summarizing the contents of the reports may be prepared and distributed with the respective reports by the City Clerk 3. Accept all filings required by this Chapter. The City Clerk shall iInspect or cause to be inspected all filings for completeness. The City Clerk and may refuse to accept any filing that is incomplete or from which the required information is missing or omitted. The City Clerk mayhas the authority to notify, or cause to be notified, any person submitting an incomplete filing to file an amended registration, quarterly report, or Page 20 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 14 supplemental report and the date upon which it must be filed. Any person so notified by the City Clerk must comply as directed. 4. The City Clerk shall accept complaints of violations of this Chapter and refer them to the Enforcement Authority in accordance with Section 2.55.100, with a copy to the City Attorney’s Office. 5. The City Clerk shall refer to the Enforcement Authority any person who has failed to file any required registration, report, or amendment, or make payment of any fee or fine, following two notices being sent by the City Clerk. 6. The following records shall be preserved by the City Clerk shall and be available for public inspection as a public record and auditretain for a period of four years from date of filing of the records with the City Clerk: (1) required registration forms and ; (2) required quarterly reports; (3) written violation complaints filed with the City Clerk or submitted to the Enforcement Authority by the City Clerk, City Manager, or City Attorney; and (4) written decisions regarding the aforementioned violation complaints dismissing a matter or imposing a remedy as provided for in this Chapter. 2.55.100 Complaint Review and Enforcement. A. The Enforcement Authority, as set forth in this Section, shall be responsible for the investigation and prosecution of alleged violations of this Chapter, and may including making referr matters als to the City Attorney, District Attorney, ’s Office or other law enforcement agencyfor criminal prosecution. B. Complaints of violations of this Chapter must be: (1) in writing on a form prescribed by the City Clerk; (2) sworn under penalty of perjury by the complainant; and (3) filed by either (i) an owner or operator of a business located in the City of Chula Vista or (ii) a resident of the City of Chula Vista. The complaint shall be filed with the City Clerk and include evidence to the satisfaction of the City Clerk that the complainant is (i) an owner or operator of a business located in the City of Chula Vista, or (ii) a resident of the City. The complaint shall state a full recitation of all facts that are alleged to constitute a violation of this Chapter. If a complaint does not comply with these requirements, the City Clerk shall not forward the complaint to the Page 21 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 15 Enforcement Authority, but shall instead notify the complainant and provide the basis as to why it is insufficient for filing. C. After receipt of a complaint that complies with Subsection B of this Section, wWithin five (5) business days of receipt, the City Clerk shall forward the complaint to the Enforcement Authority for a probable cause determination. A probable cause determination means that the Enforcement Authority has found that there are facts and circumstances of a reasonably trustworthy nature sufficient to justify a person of reasonable caution or prudence to believe that Sections 2.55.060, 2.55.070, or 2.55.080 of this Chapter were violated. The Enforcement Authority must make a probable cause determination wWithin thirty (30) calendar days of receiving the complaint from the City Clerk., the Enforcement Authority shall determine if probable cause exists that Sections 2.55.060, 2.55.070, or 2.55.080 were violated. If no probable cause is determined to exist, the complaint shall be dismissed summarily and involved parties shall be notified of the dismissal in writing. The above time frames are directory, not mandatory, and shall not be a basis to dismiss a complaint. D. If probable cause is determined to exist, the Enforcement Authority, in their discretion, shall refer the complaint determine whether civil or criminal remedies are appropriate as follows: 1. If the Enforcement Authority determines that civil or administrative remedies are appropriate, the Enforcement Authority shall refer the complaint to the City Attorney, who, in turn, shall forward the complaint to the next Enforcement Authority on the special counsel panel, who will then take further investigatory and procedural steps necessary to resolve the matter. If the subsequent special counsel, upon further investigation or review, determines that criminal prosecution is warranted, they may refer the matter to the District Attorney. 2. The Enforcement Authority may refer a violation for criminal prosecution after consideration of the following factors: (1) whether the violation was knowing or willful; (2) the severity of the violation; (3) the frequency of violations; (4) efforts to correct violations; (5) whether the violation was negligent or inadvertent; or (6) other considerations the Enforcement Authority determines is relevant in their decision making process. The aforementioned consideration of factors is directory, not mandatory, and shall not constitute a defense to any criminal charges brought under this Chapter nor preclude the initiation of any criminal prosecution. If the Enforcement Authority determines that criminal prosecution is appropriate, Page 22 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 16 it shall refer the matter to the City Attorney, who, in turn, shall forward the complaint to the District Attorney for further handling. Violations of this Chapter forwarded to the District Attorney for handling shall not be subject to any further action by the Enforcement Authority. F. The special counsel, serving as the Enforcement Authority, may investigate and may institute legal action to compel compliance or to prevent further violations of this Chapter. If the allegation contained in the complaint is also a violation of state law, the Enforcement Authority shall not investigate but, rather, shall forward the complaint to an appropriate enforcement agency. G. Criminal prosecution for violations of this Chapter must be commenced within one (1) year after the date on which the violation occurred. H. Civil prosecution for violation of this Chapter must be commenced within four (4) years after the date on which the violation occurred. No administrative action alleging a violation of any of the provisions of this Chapter shall be commenced more than four years after the date on which the violation occurred. If the person alleged to have violated a provision of this Chapter engages in the fraudulent concealment of his or her acts or identity, the four-year period for civil and administrative actions shall be tolled for the period of concealment. For purposes of this subdivision, “fraudulent concealment” means the person knows of material facts related to his or her duties under this Chapter and knowingly conceals them in performing or omitting to perform those duties, for the purpose of defrauding the public of information to which it is entitled under this Chapter. I. If the District Attorney determines that no violation occurred, the Enforcement Authority, who referred the matter to the District Attorney, may review the complaint and, if necessary, conduct further investigation to determine if there is probable cause to find that the complainant committed perjury. If such probable cause exists, the enforcement authority shall forward the complaint to the District Attorney for prosecution for perjury. J. The Enforcement Authority may consult with the City Clerk, City Manager, or City Attorney on matters, including but limited to, the complaint, this Chapter, or City practices or procedures. K. Special counsel, serving as the Enforcement Authority, shall be immune to liability for enforcement of this Chapter. L. If a violation of this Chapter is observed by the City Clerk, City Manager, or City Attorney, they may file a complaint in writing and refer the matter to the Enforcement Authority for Page 23 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 17 enforcement and prosecution. The requirements of Subsection B of this Section shall not apply to a complaint filed pursuant to this Subsection L. M. The following remedies shall be available for violations of Sections 2.55.060, 2.55.70, or 2.55.080 of this Chapter: 1. Criminal Penalties. Any person who violates Sections 2.55.060, 2.55.070, or 2.55.080 is guilty of a misdemeanor and is subject to the provisions of Chapter 1.20 of this Code; 2. Civil Actions. The enforcement authority may bring a civil action against any person who violates Sections 2.55.060, 2.55.070, or 2.55.080 of this Chapter, and/or may seek injunctive relief in the courts to enjoin violations of or to compel compliance with the provisions of this Chapter; or 3. Administrative Remedies. In addition to or in lieu of civil action, the provisions of Section 1.41.100 [Administrative Citations] of this Code are applicable to any violation of Sections 2.55.060, 2.55.070, 2.55.080 of this Chapter. The Enforcement Authority may issue a written warning for minimal or inadvertent violations as an administrative remedy. Appeals pursuant to Chapter 1.40 of an administrative fine issued under this Subsection (M) (3) may be heard by a hearing officer selected by the City Manager. 2.55.105 Board of Ethics Review. A. The Board of Ethics shall review the below listed information provided by the City Clerk and prepare an annual report to be presented to the City Council and available to the public regarding the following: 1. Number of Lobbyist, Lobbyist Business, and Clients, including an analysis of the extent of Lobbying conducted by each; 2. An analysis of the types of Municipal Decisions, issues, or matters Lobbied upon, including which and to what extent Lobbyist, Lobbyist Businesses, and Clients Lobbied (or engaged a Lobbyist) to influence such Municipal Decisions, issues, or matters; 3. An analysis of fees or fines imposed, including the basis for such fines and fees, if waivers were provided and the basis for such waiver, and the identification of Lobbyists that have repeated fines or violations; 4. An analysis of Complaints filed, including types of violations and actions taken by the Enforcement Authority; 5. Any other matter that the Board of Ethics determines is pertinent to the administration of this Chapter; and Page 24 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 18 6. Recommendations regarding improving administration of this Chapter. Prior to the issuance of the aforementioned annual report, the Board of OEthics shall conduct a public hearing to receive information regarding the administration of this Chapter. Information from the public hearing may be included in the annual report. The report shall be issued on or before March 15 of each year and shall cover the preceding calendar year. B. The City Clerk shall provide to the Board of Ethics the following information on a quarterly basis: 1. Registration Reports; 2. Quarterly Reports; 3. Information regarding fines and fees assessed; and 4. Information regarding complaints of violations 2.55. 110 Implementation Date. The registration, reporting and other requirements of this Chapter shall apply to Lobbying occurring on or after December 1, 2025, referred to as the Implementation Date. Lobbying that occurs prior to the Implementation Date of this Chapter shall not be considered for purposes of the registration, reporting and other requirements of this Chapter. Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication Page 25 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 19 The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented By: Approved as to form by: _____________________________________ ____________________________________ [INSERT DEPARTMENT HEAD NAME] Marco Verdugo [INSERT DEPARTMENT HEAD TITLE] City Attorney Page 26 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 1 DRAFT 1-15-2026 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 2.55 OF THE CHULA VISTA MUNICIPAL CODE TO ADD LOBBYIST REGISTRATION AND REPORTING REQUIREMENTS WHEREAS, [INSERT TEXT] NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. Chapter 2.55 of the Chula Vista Municipal Code is amended as follows: Chapter 2.55 LOBBYIST REGISTRATION AND REPORTING Sections: 2.55.010 Title 2.55.020 Findings and Declarations 2.55.030 Purpose of the Lobbyist Requirements. 2.55.040 Definitions. 2.55.050 Activities Not Considered Lobbying. 2.55.060 Lobbyist- Annual Registration and Reporting. 2.55.070 Lobbyist- Identification. 2.55.080 Lobbyist- Prohibited Activities; Restriction 2.55.090 Administration by the City Clerk. 2.55.100 Enforcement. 2.55.105 Board of Ethics Review 2.55.110 Implementation Date. Page 27 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 2 CHAPTER 2.55 2.55.010 Title. This Chapter shall be known as the Lobbyist Registration and Reporting Requirements of the City of Chula Vista and may be referred to herein as the Lobbyist Requirements. 2.55.020 Findings and Declarations. The City Council finds and declares that the residents of the City of Chula Vista (City) have the need and right to know the identity of the individuals, businesses, and other organizations that make or receive money to influence City decisions. Full disclosure of lobbying activities of such persons and the identity of their employers will bolster public confidence in local government, increase accountability in the policy-making process, and protect the public’s interests. 2.55.030 Purpose of the Lobbyist Requirements. The purposes of the Lobbyist Requirements are to maintain a fair and open decision-making process in City government and to ensure that the public and City officials have full knowledge of Lobbying activities that have been brought to bear on any Municipal Decision. 2.55.040 Definitions. Unless a term is specifically defined in this section or the contrary is stated or clearly appears from the context, the definitions set forth in the Political Reform Act of 1974, Government Code sections 81000 et seq., shall govern the meaning of terms. Any term herein expressed in the plural may also apply to the singular. The following terms shall have the meanings set forth herein: A. “Client” means any Person or Organization that employs, retains, or otherwise engages a Lobbyist, including one employed by a Lobbying Business, for Compensation to engage in Lobbying. Page 28 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 3 B. “Compensation” means any economic consideration provided in exchange for services rendered or to be rendered, including, without limitation, salary and wages, stipends, payments, promises to perform or provide goods or services, fees, contingency fees, success fees, bonuses, or awards. To satisfy the requirements of being a Lobbyist, Compensation, as defined herein, must be provided, in whole or in part, as remuneration for engaging in Lobbying. C. “Designated City Official” includes all City agencies and means any of the following City officers or employees: (1) The Mayor; (2) Councilmembers; (3) Mayor and Councilmember staff; (4) A City board or commission member of the following boards or commissions: Board of Ethics, Civil Service Commission, Planning Commission, [others to be defined]; (5) The City Manager and all appointees under City Charter section 401; (6) The City Attorney and all appointees under City Charter section 503; (7) The City Clerk and all appointees under City Charter section 502; (8) Any candidate who has been elected to office but has not been sworn in. For purposes of this definition, a candidate is considered elected to office on the date the Council adopts its resolution declaring the results of the election. (9) Any City representative to any joint powers authority to which the City is a party and the joint powers authority does not have a separate lobbying registration requirement. D. “Direct Communication” means talking to or communicating with a Person, by telephone, cell phone, and video calls, or in person, or corresponding with a Person r in writing, including by emails, text message, direct messaging via social media, or Page 29 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 4 “Twitter,” “Instagram” or “ Facebook” type medium, or by other means of communication. E. “Enforcement Authority” means the attorney assigned as special counsel by the Board of Ethics to enforce the provisions of this Chapter as set forth in Section 2.55.100 of this Chapter. The Board of Ethics shall solicit proposals from attorneys in accordance with Section 503 of the City Charter and Chapter 2.56.110 of the Chula Vista Municipal Code (Municipal Code) to act as the Enforcement Authority. Special counsel shall remain in place for the purposes of assigning a complaint to the Enforcement Authority until the Board of Ethics replaces it with new special counsel. F. “Lobby” or “Lobbying” means to influence or attempt to influence a Municipal Decision of the City by Direct Communication with any Designated City Official, either individually or collectively, including as part of City Council or any City committee, board, task force, or other body. Lobbying includes providing information, statistics, analysis, studies, or petitions to a Designated City Official. G. “Lobbyist,” unless exempt under section 2.55.050, means any Person who is employed, retained, or otherwise engaged for Compensation to Lobby any Designated Individual, on behalf of a Person or Organization, either individually or collectively. H. “Lobbyist Business” means any individual, business entity, trust, corporation, or partnership that employs a Lobbyist to Lobby for a Client. I. “Municipal Decision” means: 1. The drafting, introduction, consideration, reconsideration, adoption, defeat, repeal, or veto of any ordinance or resolution; 2. The amendment of any ordinance or resolution; 3. A report recommending City action by a City staff member or City consultant to a Designated City Official; 4. A contract approval by City Council or the City Manager, except as otherwise permitted by Section 2.55.050. 5. Quasi-judicial decisions, including, but not limited to: Page 30 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 5 a. Any decision on a land development permit, map, or other matter decided by the City Council or City board or commission pursuant to the Municipal Code; b. Any grant, denial, modification, or revocation of a permit or license under the Municipal Code; and c. Any declaration of debarment under the Municipal Code; and 6. Any other decision by the City Council or a City board or commission. J. “Person” means any individual, business entity, trust, corporation, association, committee, or any other organization or group of persons acting in concert. 2.55.050 Activities Not Considered Lobbying. The following Persons and activities are exempt from the requirements of this Chapter: A. Any City official acting in their official capacity, and any government employee, consultant, or contractor, acting within the scope of their employment; B. Any newspaper or other periodical of general circulation, book publisher, radio, or television station (including any individual who owns, publishes, or is employed by any such newspaper or periodical, radio or television station) which in the ordinary course of business publishes (including via internet or other electronic medium) news items, editorials, or other comments, or paid advertisements, which directly or indirectly urge legislative or administrative action. C. Any Person whose sole activity includes the following: 1. To submit a bid on a competitively bid contract; 2. To submit a written response to a request for proposals or qualifications; 3. To participate in an oral interview for a request for proposals or qualifications; or 4. To negotiate the terms of a contract or agreement with the City once the City is authorized by law to enter into a contract with that Person. 5. To communicate with City staff about an existing contract between the Person and the City. D. A Person whose communications are solely related to the establishment, amendment, administration, implementation or interpretation of a collective Page 31 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 6 bargaining agreement or a memorandum of understanding or memorandum of agreement between the City and a recognized City employee organization or any communication required under the Meyers-Milias-Brown Act. Included in this Subsection is the representation of a City employee by an attorney or other representative in a disciplinary matter, including representation at an administrative interview, Skelly meeting (in accordance with Skelly v. State Personnel Board (1975) 15 Cal.3d 194), or appeal of discipline. E. Any Person who communicates with the City Attorney regarding legal matters or actual or potential litigation in any court or other legal forum. F. Any Person who communicates with a City employee, who is not a Designated City Official, on interpretation or implementation of existing land use plans and laws with respect to a land use project, including project processing. G. Any Person who communicates with the Development Services Department Director or Assistant Director of the Development Services Department on interpretation or implementation of existing land use plans and laws, including for an approved project, and which do not involve communications regarding amendments to the City’s General Plan, Specific Plans, or zoning changes. H. The provision of purely technical data or analysis by an expert, so long as the expert does not otherwise engage in a Direct Communication for the purpose of influencing a Municipal Decision. This subsection is intended to be interpreted in a manner consistent with Title 2, Section 18239(d) (3) (A), of the California Code of Regulations. Experts include, but are not limited to, trained architects, engineers, designers, statisticians, accountants, economists, or similar professions. I. An owner of a business or residence who communicates regarding his or her own business or residence with a Designated City Official. An owner, as used in this section, means any person with a controlling interest in his or her own business or residence. Page 32 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 7 J. Any person who solely appears as a speaker at or provides written statements that become part of the record, at a public meeting of the City Council or any commission, committee, board, task force, or other body of the City. *K. Any person who engages in a De Minimis Act of Lobbying. A De Minimis Act of Lobbying means an unplanned communication regarding a Municipal Decision or Decisions and which would be considered lobbying, but lasts no longer than a total of 1 minute and does not involve any discussion or discussions on whether the Designated Official supports or opposes the Municipal Decision or Municipal Decisions discussed. 2.55.060 Lobbyist-Annual Registration and Reporting Requirements. A. Registration. A Lobbyist must register with the City Clerk five (5) calendar days before any scheduled Lobbying, but in no event no later than ten (10) calendar days after engaging in Lobbying. B. Annual Registration Renewal. Lobbyists must renew their registration by January 15 of each year unless they have terminated their status as a Lobbyist pursuant to Subsection I of this Section on or before January 15. C. Registration Fees. Persons subject to the registration requirements of this Chapter must pay the fee established by the City Council in the City’s Master Fee Schedule. The fee shall reflect and not exceed the City’s costs of administering the requirements set forth in this Chapter. The applicable annual registration fee is due at the time of registration or registration renewal. D. Late Fees. The City Clerk shall assess delinquency fees if any required registration or reporting requirement or payment of any fee occurs after the due date unless good cause is established, as described in Subsection 1.41.100(E) or if the Enforcement Authority files a complaint pursuant to Section 2.55.100. Notwithstanding Section 1.41.100(D), if a late fee is assessed pursuant to this Subsection, the late fee shall be $20 per day until the violation is corrected, with a Page 33 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 8 maximum late fee of $600 imposed by the City Clerk, in addition to any fines or fees imposed by the Enforcement Authority. E. “Good Cause” Waiver of Fines for Late Filing or Payment of Fees. The City Clerk may waive late fees imposed under this Chapter upon a showing of good cause. To request a waiver, the Lobbyist must provide to the City Clerk in writing the reason for the late filing and supporting documentation, if any. Good cause includes incapacitation for medical reasons, hospitalization, accident involvement, loss or unavailability of records due to unforeseen and unpreventable events, or other similar legitimate reasons determined by the City Clerk to be beyond the Lobbyist’s control. Good cause does not include failure to receive a notice of registering or reporting requirements or applicable deadlines; inability to find or sign forms; failure to send the paperwork to, or file the paperwork with, the proper official; not having complete information by the filing deadline; secretarial error; or other similar reasons. F. Required Annual Registration Report. With the initial registration and any subsequent renewal, each Lobbyist must file a registration report with the City Clerk. The registration report shall be in a format prescribed by the City Clerk and must contain the following information: 1. The name, business address, email, and telephone numbers of the Lobbyist required to register under this Chapter. The Lobbyist must also provide the name, business address, email, and telephone number of their Lobbyist Business employer, if any. The Lobbyist must file an amended registration report with the City Clerk, in writing, within fifteen (15) calendar days of any change in business address, email, or telephone numbers. 2. The name, business address, email, and telephone numbers of each Client or Person on whose behalf Lobbying activities are being conducted. The Lobbyist Page 34 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 9 must also describe the nature of each client's or Person’s business and the Municipal Decision that the Lobbyist is seeking to influence on behalf of the Client or Person. G. Supplemental Registration Reports. Lobbyists must file supplemental registration reports with, and in a format, prescribed by, the City Clerk five (5) calendar days before any scheduled lobbying, but in no event no later than ten (10) of Lobbying on behalf of any Person not listed on the Lobbyist's initial or annual report. Supplemental reports must contain the information as specified in Subsection F of this Section. H. Quarterly Reports Summarizing Lobbyists Activities. Lobbyists must file quarterly reports with, and in a format prescribed by, the City Clerk, on or before April 15, July 15, October 15 and January 15, for the prior calendar quarter. 1. Quarterly reports must contain the following information regarding their Lobbying activities with each Designated City Official: a. The Designated City Official with whom the Lobbying occurred; and b. For whom the Lobbying was conducted; and c. A brief description of twenty (20) words or less of the subject of the Lobbying; and d. With regard to the subject of the Lobbying, whether there was a single act or multiple acts of Lobbying and the approximate total amount of time spent Lobbying per subject in increments set forth in Subsection 5, below. e. Time spent Lobbying shall be reported in increments of: (i) One (1) hour or less; (ii) More than one (1) hour, but less than five (5) hours; (iii) Five (5) hours or more but less than ten (10) hours; or (iv) Ten (10) hours or more. 2. Any Lobbyist that discovers incomplete or inaccurate information in a quarterly Page 35 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 10 report filed under this Section shall file an amended quarterly report with the City Clerk within ten (10) calendar days of the discovery disclosing all information necessary to make the report complete and accurate. I. Termination of Lobbyist Status. A registered Lobbyist shall be deemed to be a Lobbyist for purposes of this Chapter until such time as that person or entity files a declaration with the City Clerk attesting to the termination of Lobbying services within the City, along with a final report summarizing their Lobbying activities as set forth Subsection H, beginning with the day after the period end on the most recent report filed through the termination date. If the Lobbyist had not filed their first quarterly report, the final report will cover the date they first were required to register through the termination date. The declaration and final report must be executed on a form prescribed by the City Clerk for that purpose and must be filed with the City Clerk within thirty (3) calendar days of the termination of a Lobbyist status. J. Updates Required Upon Notice from City Clerk. The City Clerk may, but is not required to, notify a Lobbyist to file an amended registration, registration renewal, quarterly report, or supplemental report pursuant to this Section. When any Person is so notified by the City Clerk to file an amended registration, registration renewal, quarterly report, or supplemental report pursuant to this Section, the Lobbyist must provide the information within the time period specified in the notice from the City Clerk. Failure to receive notification from the City shall not excuse compliance with this Section and shall not be a defense to any action to enforce the provisions of this Chapter. K. Under Penalty of Perjury. All documents and reports required of a Lobbyist under this Chapter must be signed and submitted under penalty of perjury. Page 36 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 11 2.55.070 Lobbyist-Identification. Lobbyists must identify themselves and their Client when appearing in a Lobbying capacity at any meeting with a Designated City Official or at a public meeting of the City Council or any other City board or commission.. In addition, at any public meeting of the City Council or any other City board or commission, a Lobbyist must disclose on the record, prior to addressing the City Council or any other City board or commission, whether they have engaged in Lobbying activities within thirty calendar days (30) of the public meeting with Designated City Officials that are present at the public meeting on a matter on the agenda for that public meeting, including public comment, by stating that they have met outside of the aforementioned public meeting with Designated City Officials (naming each one). For example, the above disclosure may be made as follows: “John Doe, appearing on behalf of Jane Doe on item X. or the record, I have had contact with Councilmembers X and Y on this matter within the last thirty (30) calendar days before this meeting.” 2.55.080 Lobbyist-Prohibited Activities; Restriction Lobbyists shall not engage in Lobbying unless they are registered with the City Clerk, as required by Section 2.55.060, are current with any required reporting, and have paid any and all fees and fines required or imposed pursuant to this Chapter. 2.55.090 Administration by the City Clerk. The City Clerk shall: 1. Subject to review and approval by the City Attorney, create all forms and explanatory materials, and adopt all reasonable and necessary policies or procedures to implement this Chapter. The City Clerk may require electronic filing of registration, required reports, complaints, or other documents. 2. Provide annual reports to the Mayor and City Council on the following: (1) Lobbyist registrations; (2) pending complaints and enforcement proceedings Page 37 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 12 under this Chapter; and (3), if determined appropriate by the City Clerk, provide any recommendations for amendments of this Chapter to improve administration of this Chapter. 3. Inspect or cause to be inspected all filings for completeness. The City Clerk may refuse to accept any filing that is incomplete. The City Clerk may notify, or cause to be notified, any person submitting an incomplete filing to file an amended registration, quarterly report, or supplemental report and the date upon which it must be filed. 4. The City Clerk shall accept complaints of violations of this Chapter and refer them to the Enforcement Authority in accordance with Section 2.55.100, with a copy to the City Attorney’s Office. 5. The City Clerk shall refer to the Enforcement Authority any person who has failed to file any required registration, report, or amendment, or make payment of any fee or fine, following two notices being sent by the City Clerk. 6. The City Clerk shall retain for a period of four years from date of filing of the records with the City Clerk required registration forms and quarterly reports. 2.55.100 Complaint Review and Enforcement. A. The Enforcement Authority shall be responsible for the investigation of alleged violations of this Chapter, and may refer matters to the City Attorney, District Attorney, or other law enforcement agency. B. Complaints of violations of this Chapter must be: (1) in writing on a form prescribed by the City Clerk; (2) sworn under penalty of perjury by the complainant; and (3) filed by either (i) an owner or operator of a business located in the City of Chula Vista or (ii) a resident of the City of Chula Vista. The complaint shall be filed with the City Clerk and include evidence to the satisfaction of the City Clerk that the complainant is (i) an owner or operator of a business located in the City of Chula Vista, or (ii) a resident of the City. The complaint shall state a full recitation of all facts that are alleged to constitute a violation of this Chapter. If a complaint does not comply with these requirements, the Page 38 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 13 City Clerk shall not forward the complaint to the Enforcement Authority, but shall instead notify the complainant and provide the basis as to why it is insufficient for filing. C. Within five (5) business days of receipt, the City Clerk shall forward the complaint to the Enforcement Authority for a probable cause determination. A probable cause determination means that the Enforcement Authority has found that there are facts and circumstances of a reasonably trustworthy nature sufficient to justify a person of reasonable caution or prudence to believe that Sections 2.55.060, 2.55.070, or 2.55.080 of this Chapter were violated. The Enforcement Authority must make a probable cause determination within thirty (30) calendar days of receiving the complaint from the City Clerk. If no probable cause is determined to exist, the complaint shall be dismissed summarily and involved parties shall be notified of the dismissal in writing. The above time frames are directory, not mandatory, and shall not be a basis to dismiss a complaint. D. If probable cause is determined to exist, the Enforcement Authority shall refer the complaint as follows: 1. If the Enforcement Authority determines that civil or administrative remedies are appropriate, the Enforcement Authority shall refer the complaint to the City Attorney, who, in turn, shall forward the complaint to the next Enforcement Authority on the special counsel panel, who will then take further investigatory and procedural steps necessary to resolve the matter. If the subsequent special counsel, upon further investigation or review, determines that criminal prosecution is warranted, they may refer the matter to the District Attorney. 2. The Enforcement Authority may refer a violation for criminal prosecution after consideration of the following factors: (1) whether the violation was knowing or willful; (2) the severity of the violation; (3) the frequency of violations; (4) efforts to correct violations; (5) whether the violation was negligent or inadvertent; or (6) other considerations the Enforcement Authority determines is relevant in their decision making process. The aforementioned consideration of factors is directory, not mandatory, and shall not constitute a defense to any criminal charges brought under this Chapter nor preclude the initiation of any criminal prosecution. If the Enforcement Authority determines that criminal prosecution Page 39 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 14 is appropriate, it shall refer the matter to the City Attorney, who, in turn, shall forward the complaint to the District Attorney for further handling. Violations of this Chapter forwarded to the District Attorney for handling shall not be subject to any further action by the Enforcement Authority. F. The special counsel, serving as the Enforcement Authority, may investigate and may institute legal action to compel compliance or to prevent further violations of this Chapter. If the allegation contained in the complaint is also a violation of state law, the Enforcement Authority shall not investigate but, rather, shall forward the complaint to an appropriate enforcement agency. G. Criminal prosecution for violations of this Chapter must be commenced within one (1) y ear after the date on which the violation occurred. H. Civil prosecution for violation of this Chapter must be commenced within four (4) years after the date on which the violation occurred. No administrative action alleging a violation of any of the provisions of this Chapter shall be commenced more than four years after the date on which the violation occurred. If the person alleged to have violated a provision of this Chapter engages in the fraudulent concealment of his or her acts or identity, the four-year period for civil and administrative actions shall be tolled for the period of concealment. For purposes of this subdivision, “fraudulent concealment” means the person knows of material facts related to his or her duties under this Chapter and knowingly conceals them in performing or omitting to perform those duties, for the purpose of defrauding the public of information to which it is entitled under this Chapter. I. If the District Attorney determines that no violation occurred, the Enforcement Authority, who referred the matter to the District Attorney, may review the complaint and, if necessary, conduct further investigation to determine if there is probable cause to find that the complainant committed perjury. If such probable cause exists, the enforcement authority shall forward the complaint to the District Attorney for prosecution for perjury. J. The Enforcement Authority may consult with the City Clerk, City Manager, or City Attorney on matters, including but limited to, the complaint, this Chapter, or City practices or procedures. K. Special counsel, serving as the Enforcement Authority, shall be immune to liability for enforcement of this Chapter. Page 40 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 15 L. If a violation of this Chapter is observed by the City Clerk, City Manager, or City Attorney, they may file a complaint in writing and refer the matter to the Enforcement Authority for enforcement and prosecution. The requirements of Subsection B of this Section shall not apply to a complaint filed pursuant to this Subsection L. M. The following remedies shall be available for violations of Sections 2.55.060, 2.55.70, or 2.55.080 of this Chapter: 1. Criminal Penalties. Any person who violates Sections 2.55.060, 2.55.070, or 2.55.080 is guilty of a misdemeanor and is subject to the provisions of Chapter 1.20 of this Code; 2. Civil Actions. The enforcement authority may bring a civil action against any person who violates Sections 2.55.060, 2.55.070, or 2.55.080 of this Chapter, and/or may seek injunctive relief in the courts to enjoin violations of or to compel compliance with the provisions of this Chapter; or 3. Administrative Remedies. In addition to or in lieu of civil action, the provisions of Section 1.41.100 [Administrative Citations] of this Code are applicable to any violation of Sections 2.55.060, 2.55.070, 2.55.080 of this Chapter. The Enforcement Authority may issue a written warning for minimal or inadvertent violations as an administrative remedy. Appeals pursuant to Chapter 1.40 of an administrative fine issued under this Subsection (M) (3) may be heard by a hearing officer selected by the City Manager. 2.55.105 Board of Ethics Review. A. The Board of Ethics shall review the below listed information provided by the City Clerk and prepare an annual report to be presented to the City Council and available to the public regarding the following: 1. Number of Lobbyist, Lobbyist Business, and Clients, including an analysis of the extent of Lobbying conducted by each; 2. An analysis of the types of matters Lobbied upon, including which and to what extent Lobbyist, Lobbyist Businesses, and Clients Lobbied (or engaged a Lobbyist) to influence such matters; 3. An analysis of fees or fines imposed, including the basis for such fines and fees, if waivers were provided and the basis for such waiver, and the identification of Lobbyists that have repeated fines or violations; 4. An analysis of Complaints filed, including types of violations and actions taken by the Enforcement Authority; Page 41 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 16 5. Any other matter that the Board of Ethics determines is pertinent to the administration of this Chapter; and 6. Recommendations regarding improving administration of this Chapter. Prior to the issuance of the aforementioned annual report, the Board of Ethics shall conduct a public hearing to receive information regarding the administration of this Chapter. Information from the public hearing may be included in the annual report. The report shall be issued on or before March 15 of each year and shall cover the preceding calendar year. B. The City Clerk shall provide to the Board of Ethics the following information on a quarterly basis: 1. Registration Reports; 2. Quarterly Reports; 3. Information regarding fines and fees assessed; and 4. Information regarding complaints of violations 2.55. 110 Implementation Date. The registration, reporting and other requirements of this Chapter shall apply to Lobbying occurring on or after December 1, 2025, referred to as the Implementation Date. Lobbying that occurs prior to the Implementation Date of this Chapter shall not be considered for purposes of the registration, reporting and other requirements of this Chapter. Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Page 42 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 17 Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented By: Approved as to form by: _____________________________________ ____________________________________ [INSERT DEPARTMENT HEAD NAME] Marco Verdugo [INSERT DEPARTMENT HEAD TITLE] City Attorney Page 43 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 1 DRAFT 9-17-2025 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 2.55 OF THE CHULA VISTA MUNICIPAL CODE TO ADD LOBBYIST REGISTRATION AND REPORTING REQUIREMENTS WHEREAS, [INSERT TEXT] NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. Chapter 2.55 of the Chula Vista Municipal Code is amended as follows: Chapter 2.55 LOBBYIST REGISTRATION AND REPORTING Sections: 2.55.010 Title 2.55.020 Findings and Declarations 2.55.030 Purpose of the Lobbyist Requirements. 2.55.035 Lobbyist Defined 2.55.040 Definitions. 2.55.050 Activities Not Considered Lobbying. 2.55.060 Lobbyist- Annual Registration and Reporting. 2.55.070 Lobbyist- Identification. 2.55.080 Lobbyist- Prohibited Activities; Restriction 2.55.090 Administration by the City Clerk. 2.55.100 Enforcement. 2.55.105 Board of Ethics Review Commented [A1]: 2.55 used to be the CV Redevelopment Corporation. It was repealed in 2013. I don't think it's accurate to say we're amending a repealed code section. Maybe say "Title 2 of the Chula Vista Municipal Code is amended to add Chapter 2.55 as follows:" Commented [A2]: See below. This should be in the definition section. Page 44 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 2 2.55.110 Implementation Date. CHAPTER 2.55 2.55.010 Title. This Chapter shall be known as the Lobbyist Registration and Reporting Requirements of the City of Chula Vista, and may be referred to herein as the Lobbyist Requirements. 2.55.020 Findings and Declarations. The City Council of the City of Chula Vista finds and declares that the residents as follows. The People of the City of Chula Vista (City) have the need and right to know the identity of the individuals, businesses, and other organizations that make or receive money to influence City decisions. Lobbyists who attempt to influence the decisions of City government and the means employed by them to advance their employer’s interests. Full disclosure of lLobbying activities of such persons and the identity of their employers will bolster contribute to public confidence in the integrity of local government, increase accountability in the policy-making process, and protect the public’s interests. Full disclosure is also necessary to ensure that City officials are kept informed about the identity of persons whose interests the Lobbyists represent. 2.55.030 Purpose of the Lobbyist Requirements. The purposes of the Lobbyist Requirements are to maintain a fair and open decision-making process in City government and to ensure that the public and City officials have full knowledge of Lobbying activities that have been brought to bear on any Municipal Decision. 2.55.035 Lobbyist Defined. A. A “Lobbyist,” unless exempt under section 2.55.050, means any Person who is employed, Commented [A3]: From the FPPC Lobbying Registration and Reporting site. Commented [A4]: This last sentence is probably unnecessary; electeds know who they are meeting with and why. The registration requirement is a transparency tool intended to prevent corruption. Commented [A5]: I'm not sure the proposed language captures the full intent of a register. Per the FPPC, registration does the following: 1) ensures transparency and oversight; (2) promotes accountability and integrity; (3) prevents corruption; (4) prevents "shadow lobbying" where unregistered entities wield disproportionate and untraceable influence; and (5) provides valuable insight into the political system (i.e., by allowing the public to understand who has an interest in which issues and why). Page 45 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 3 retained, or otherwise engaged for Compensation to Lobby, on behalf of a Person or Organization, any Designated City Official, either individually or collectively. 2.55.040 Definitions. Unless a term is specifically defined in this section or the contrary is stated or clearly appears from the context, the definitions set forth in the Political Reform Act of 1974, Government Code sections 81000 et seq., shall govern the meaning of terms. Any term herein expressed in the plural may also apply to the singular. The following terms shall have the meanings set forth herein: A. “Client” means any Person or Organization that employs, retains, or otherwise engages a Lobbyist, including one employed by a Lobbying Business, for Compensation to engage in Lobbying. B. “Compensation” means any economic consideration provided in exchange for services rendered or to be rendered in the future, including, without limitation, salary and wages, stipends, payments, promises to perform or provide goods or services, fees, contingency fees, success fees, bonuses, or awards. To satisfy the requirements of being a Lobbyist under Section 2.55.035, Compensation, as defined herein, must be provided, in whole or in part, as remuneration for engaging in Lobbying. C. “Designated City Official” includes all City agencies and means any of the following City officers or employees: (1) The Mayor; (2) Any Councilmembers; (3) Mayor and Councilmember staff members responsible for advising or reporting to the Mayor or Councilmember on policy matters or Municipal Decisions (including Chiefs of Staff, community liaisons, policy aides); *(4) A City board or commission member of the following boards or commissions: Commented [A6]: This definition should be part of the definitions section, 2.55.040. Commented [A7]: Exclude travel expenses? Commented [A8]: Suggest deleting. This is very hard to monitor. Page 46 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 4 Board of Ethics, Civil Service Commission, Planning Commission, [others to be defined] ; (5) The City Manager and all appointees under City Charter section 401; (6) The City Attorney and all appointees under City Charter section 503; (7) The City Clerk and all appointees under City Charter section 502; (8) Any candidate who has been elected to office but has not been sworn in. For purposes of this definition, a candidate is considered elected to office on the date the Council adopts its resolution declaring the results of the election. (8) Deputy or Assistant City Manager; (9) Any City Department Director; or (10) the Zoning Administrator, when acting as the decision maker in a Chapter 19 land use decision requiring a public hearing by the Zoning Administrator. Designated City Officials shall also include the Mayor or Councilmembers acting as the governing body for any governmental entity such as, but not limited to, the Successor Agency, Housing Authority, or Finance Authority. (9) Designated City Officials shall further include- Aany City representative to any joint powers authority to which the City is a party and the joint powers authority does not have a separate lobbying registration requirement. D. “Direct Communication” means talking to or communicating with a Pperson, either by telephone, or cell phone, and (including video calls,) or in person, or corresponding with a pPerson, either in writing, by electronic transmission (including by , but not limited to, emails, text messages, direct messaging via social media, or “Twitter,” “Instagram” or “ Facebook” type medium, or by other means of communication. ), or by facsimile machine. E. “Enforcement Authority” means the attorney assigned as special counsel by the Board of Ethics to enforce the provisions of this Chapter as set forth in Section 2.55.100 of this Chapter. The Board of Ethics shall solicit proposals from attorneys in accordance with Section 503 of the Commented [A9]: Perhaps not identify specifically and instead say: All members of all City boards, commissions, committees, or task forces, established by action of the City Council under authority of the City Charter, Municipal Code, or Council resolution, whose members are required to file a statement of economic interests under the California Political Reform Act, as amended. This includes members who have been appointed but not yet sworn in. Commented [A10]: This position appears to be a CM appointee, in which case we can remove this. Page 47 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 5 City Charter and Chapter 2.56.110 of the Chula Vista Municipal Code (Municipal Code) to act as the Enforcement Authority. The Enforcement Authority shall be selected by the Board of Ethics from the same panel of special counsel chosen by the Board of Ethics, in accordance with Board of Ethics's selection and assignment policy, to act as the enforcement authority for the City’s Campaign Contribution Ordinance set forth in Chapter 2.52. The aforementioned Board of Ethics sSpecial counsel panel shall remain in place for the purposes of assigning a complaint to the Enforcement Authority until the Board of Ethics replaces it with a new special counselpanel. F. “Lobby” or “Lobbying” means to influence or attempt to influence a Municipal Decision of the City of Chula Vista by Direct Communication, in public or in private, with any Designated City Official, either individually or collectively, including as part of City Council or any City committee, board, task force, or other body of the City. Lobbying includes providing information, statistics, analysis, studies, or petitions to a Designated City Official. G. “Lobbyist,” unless exempt under section 2.55.050, means any Person who is employed, retained, or otherwise engaged for Compensation to Lobby any Designated Individual , on behalf of a Person or Organization, either individually or collectively. G. H. “Lobbyist Business” means any individual, business entity, trust, corporation, or partnership that employs a Lobbyist to Lobby for a Client. IH. “Municipal Decision” means: 1. The drafting, introduction, consideration, reconsideration, adoption, defeat, repeal, or veto of any ordinance or resolution; 2. The amendment of any ordinance or resolution; 3. A report recommending City action by a City staff member or City consultant to a Designated City Official; 4. A contract approval by City Council or the City Manager, except as otherwise permitted by Section 2.55.050. 5. Quasi-judicial decisions, including, but not limited to: Commented [A11]: To aid interpretation, I took the language from 2.52 and added it here. Commented [A12]: The first sentence implied that just one attorney will be selected. This says a panel. We'll need to harmonize this once we know if it's one attorney or a panel. Commented [A13]: This needs more. What does the special counsel do? Package the referral? Vet it for legal sufficiency before sending it to the EA? Another idea: Say something like: "The Board of Ethics will create and implement a policy to guide the actions of special counsel." Replacement should be discussed to avoid being accused of changing counsel because the BOE did not like the advice it received. Commented [A14]: Suggest adding: Nothing in this article limits the authority of the City Attorney, any law enforcement agency, or any prosecuting attorney to enforce the provision of this article under any circumstances where the City Attorney, law enforcement agency, or prosecuting attorney otherwise have lawful authority to do so. In other words, this is not intended to exclude others who enforce the law. Commented [A15]: This language is in the definition of "Direct Communication, so we do not need to say it again. Commented [A16]: Suggestion: add this language here: "by monitoring Municipal Decisions; preparing testimony and presentations; engaging in research, investigation, and fact- gathering; attending hearings; communicating with clients; waiting to meet with City Officials; and communicating with City employees who are not City Officials. Page 48 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 6 a. Any decision on a land development permit, map, or other matter decided by the City Council or City board or commission pursuant to the Municipal Code; b. Any grant, denial, modification, or revocation of a permit or license under the Municipal Code; and c. Any declaration of debarment under the Mmunicipal cCode; and 6. Any other decision or direction by the City Council or a City board or commission, as defined in Section 2.55.040(C)(4). JI. “Organization” means any business entity, trust, corporation, partnership, association, committee or any other organization or group of individuals acting in concert. J. “Person” means any individual, business entity, trust, corporation, association, committee, or any other organization or group of persons acting in concert. 2.55.050 Activities Not Considered Lobbying. The following Persons and activities are exempt from shall not be considered Lobbying for purposes the requirements of this Chapter: A. Any City official acting in their official capacity, and any government employee, consultant, or contractor, acting within the scope of their employmentor any federal, state or local elected or appointed official, acting in his or her official capacity; any employee, consultant or contractor of the City, acting within his or her scope of employment for the City; or employee of any federal, state or local governmental entity, acting within the scope of his or her federal, state, or local governmental entity employment.; B. Any newspaper or other periodical of general circulation, book publisher, radio, or television station (including any individual who owns, publishes, or is employed by any such newspaper or periodical, radio or television station) which in the ordinary course of business publishes (including via internet or other electronic medium) news items, editorials, or other comments, or paid advertisements, which directly or indirectly urge legislative or administrative action if such newspaper, periodical, book publisher, radio or television station or individual, engages in no further or other activities in connection with urging legislative or administrative action other than to appear before the City Council or any commission, body or board in support of or in opposition to such action. Commented [A17]: Suggest folding this into the definition of a person. Commented [A18]: This last part sounds like lobbying and can be used by a person who disguises themselves as a journalist to lobby without registering. Page 49 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 7 C. Any Pperson whose sole activity includes communications with Designated City Officials except the Mayor, City Councilmembers, or Mayor and Councilmember staff members described in Section 2.55.040(C)(3) regarding the following: 1. To submit a bid on a competitively bid contract; 2. To submit a written response to a request for proposals or qualifications; 3. To participate in an oral interview for a request for proposals or qualifications; or 4. To negotiate the terms of a contract or agreement with the City once the City is authorized by law to enter into a contract with that Pperson has been selected pursuant to a bid, request for proposals or qualifications, or by other means of selection recognized by law. 5. To communicate with City staff about an existing contract between the Person and the City D. A Pperson whose communications are solely related to the establishment, amendment, administration, implementation or interpretation of a collective bargaining agreement or a memorandum of understanding or memorandum of agreement between the City and a recognized City employee organization or any communication required under the Meyers-Milias-Brown Act. Included in this Subsection is the representation of a City employee by an attorney or other representative in a disciplinary matter, including representation at an administrative interview, Skelly meeting (in accordance with Skelly v. State Personnel Board (1975) 15 Cal.3d 194), or appeal of discipline. E. Any Pperson who communicates with the City Attorney regarding legal matters or actual or potential litigation in any court or other legal forum. F. Any Pperson who communicates with a City employee, who is not a Designated City Official, on interpretation or implementation of existing land use plans and laws with respect to a land use project, including project processing. G. Any Pperson who communicates with the Development Services Department Director or Assistant Director of the Development Services Department on interpretation or Commented [A19]: This is very broad, and lobbyists will ask to meet with the City Attorney to discuss legal matters when they really are lobbying for a certain result. What about: Any communication by an attorney with regard to his or her representation of a party or potential party to pending or actual litigation, or to a pending or actual administrative enforcement proceeding, brought by or against the City, or City agent, officer, or employee; Page 50 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 8 implementation of existing land use plans and laws , including for an approved project, and which do not involve communications regarding amendments to the City’s General Plan, Specific Plans, or zoning changes. H. The provision of purely technical data or analysis by an expert, so long as the expert does not otherwise engage in a Direct Communication for the purpose of influencing a Municipal Decision. This subsection is intended to be interpreted in a manner consistent with Title 2, Section 18239(d) (3) (A), of the California Code of Regulations. Experts include, but are not limited to, persons who are trained as architects, engineers, designers, statisticians, accountants, economists, or similar professions. I. An owner of a business or residence who communicates regarding his or her own business or residence with a Designated City Official. An owner, as used in this section, means any person with a controlling interest in his or her own business or residence. J. Any person, who otherwise meets the definition of Lobbyist, but who solely appears as a speaker engages in Lobbying activity at or provides written statements that become part of the record, at any public meeting of the City Council or any commission, committee, board, task force, or other body of the City open to the public. *K. Any person who engages in a De Minimis Act of Lobbying. A De Minimis Act of Lobbying means an unplanned communication regarding a Municipal Decision or Decisions and which would be considered lobbying, but lasts no longer than a total of 1 minute and does not involve any discussion or discussions on whether the Designated Official supports or opposes the Municipal Decision or Municipal Decisions discussed. 2.55.060 Lobbyist-Annual Registration and Reporting Requirements. A. Registration. A Lobbyist must register with the City Clerk five (5) calendar days before any scheduled Lobbying, but in no event no later than ten (10) calendar days after engaging in Lobbying. Commented [A20]: Instead of being so specific, maybe this: any request for advice regarding, or for an interpretation of, laws, regulations, City approvals, or policies Commented [A21]: Suggest deleting this and relying on this language: any request for advice regarding, or for an interpretation of, laws, regulations, City approvals, or policies If it's residential ownership, then no one has a controlling interest if it's a married couple, for instance. Commented [A22]: This is a complicated area of the law and difficult to enforce. Delete or reword? Commented [A23]: Other potential exemptions: - solely responding to questions from any City Official, or providing oral or written information in response to a subpoena or as otherwise compelled by law - any request for advice regarding, or for an interpretation of, laws, regulations, City approvals, or policies (this would encompass draft 255.050 F and G. - any communication by an attorney with regard to his or her representation of a party or potential party to pending or actual litigation, or to a pending or actual administrative enforcement proceeding, brought by or against the City, or City agent, officer, or employee - any communication concerning a ministerial action - any direct response to an enforcement proceeding with the City. Commented [A24]: Why are we limiting this to scheduled lobbying? Suggest removing words "any scheduled." Page 51 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 9 B. Annual Registration Renewal. A Lobbyists must renew their his or her registration by January 15 of each year unless they he or she haves terminated their his or her status as a Lobbyist pursuant to Subsection I of this Section on or before January 15. C. Registration Fees. Persons subject to the registration requirements of this Chapter must pay a fee for cost recovery for administration of this Chapter. Tthe fee shall be established by the City Council in the City’s Chula Vista Master Fee Schedule. The fee shall reflect and not exceed the City’s costs of administering the requirements set forth in this Chapter. The applicable annual registration fee is due at the time of registration or registration renewal, and will be deemed delinquent thereafter. D. Late Fees. The City Clerk shall assess dDelinquency fees shall be assessed if any required registration or reporting requirement or payment of any fee occurs after the due date unless good cause is established, as described in Subsection 1.41.100(E) according to the provisions of Section 1.41.100 of this Code by the City Clerk or, if the Enforcement Authority files a complaint is filed pursuant to Section 2.55.100, by the Enforcement Authority. Notwithstanding Section 1.41.100(D), if a late fee is assessed pursuant to this Subsection, the late fee shall be $20 per day until the violation is corrected, with a maximum late fee of $600 imposed by the City Clerk, in addition to any fines or fees imposed by the Enforcement Authority. E. “Good Cause” Waiver of Fines for Late Filing or Payment of Fees. The City Clerk may waive late fees imposed under this Chapter issued by the City Clerk upon a showing of good cause. To request a waiver, the Lobbyist must provide to the City Clerk in writing, under penalty of perjury, the reason for the late filing that establishes good cause to the City Clerk and supporting include documentation, if any supporting the claim for good cause. Good cause, includes , but is not limited to incapacitation for medical reasons, hospitalization, accident involvement, loss or unavailability of records due to unforeseen and unpreventable events, or other similar legitimate reasons determined by the City Clerk to be beyond the Lobbyist’s control. Reasons not considered gGood cause does not , Commented [A25]: Why is this here and not in the City Clerk's rate book of fees? If this is linked to the rate book of fees, this section of the muni code will not need to be amended. Commented [A26]: Do not need this language because there is a whole section below on penalty of perjury. Page 52 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 10 include failure to , but are not limited to: not receiveing a notice of registering or reporting requirements or applicable deadlines; not being availableinability to find or sign forms; failure to not sending the paperwork to, or file the paperwork with, or filing with the proper official; not knowing where to get forms or reports; not having complete information by the filing deadline; secretarial error; or other similar reasons. F. Required Annual Registration Report. With the initial registration and any subsequent renewal, each Lobbyist must file a registration report with the City Clerk. The registration report shall be in a format prescribed by the City Clerk and must contain the following information: 1. The name, business address, email, and telephone and fax numbers of the Lobbyist required to register under this Chapter. The Lobbyist must also provide the name, business address, email, and telephone number, and fax numbers of their Lobbyist Business employer, if any. The Lobbyist must file an amended registration report with the City Clerk, in writing, within fifteen (15) calendar days, of any change in business address, email, or telephone or fax numbers. 2. The name, business address, email, and telephone and fax numbers of each Client or, Person, or Organization on whose behalf Lobbying activities are being conducted. The Lobbyist must also describe the nature of each client's or Person’s or Organization’s business and the Municipal Decision that the Lobbyist is seeking to influence on behalf of the Cclient or Person or Organization. G. Supplemental Registration Reports. Lobbyists must file supplemental registration reports with, and in a format, prescribed by, the City Clerk five (5) calendar days before any scheduled lobbying, but in no event no later than ten (10) of Lobbying on behalf of any Person or Organization who was not listed on the Lobbyist's initial or annual report. Supplemental reports must contain the information as specified in Subsection F of this Section. H. Quarterly Reports Summarizing Lobbyists Activities. Lobbyists must file quarterly Commented [A27]: Delete fax? Page 53 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 11 reports with, and in a format prescribed by, the City Clerk, on or before April 15, July 15, October 15 and January 15, for the prior calendar quarter. 1. Quarterly reports must contain the following information regarding their Lobbying activities with each Designated City Official: 1. The Designated City Official with whom the Lobbying occurred; and 2. For whom the Lobbying was conducted; and 3. A brief description of (no more than twenty (20) words or less required) of the subject of the Lobbying; and 4. With regard to the subject of the Lobbying, whether there was a single act or multiple acts of Lobbying and the approximate total amount of time spent Lobbying per subject in increments set forth in Subsection 5, below. 5. Time spent Lobbying shall be reported in increments of: (i) One (1) hour or less; (ii) More than one (1) hour, but less than five (5) hours ; (iii) More than fFive (5) hours or more, but less than ten (10) hours; or (iv) More than tTen (10) hours or more. 2. Any Lobbyist that discovers incomplete or inaccurate information in a quarterly report filed under this Section, shall within ten (10) days of the discovery, file an amended quarterly report with the City Clerk within ten (10) calendar days of the discovery disclosing all information necessary to make the report complete and accurate. I. Termination of Lobbyist Status. A person or entity that was registered as a Lobbyist shall be deemed to be a Lobbyist for purposes of this Chapter until such time as that person or entity files a declaration with the City Clerk attesting to the termination of Lobbying services within the City, along with a final report summarizing their Lobbying activities as set forth Subsection H, beginning with the day after the period end on the most recent report filed through the termination date. If the Lobbyist had not filed their first quarterly report, the final report will cover the date they first were required to register through the termination date. The declaration Commented [A28]: Although cities can have their own ordinance, the State of California requires a lobbyist to file reports with a city in California on a quarterly basis, with deadlines on the 30th of the month following the end of each calendar quarter (e.g., April 30, July 31, October 31, January 31). The City of San Diego is consistent with the State, probably to make compliance easier on the lobbyist. Page 54 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 12 and final report must be executed on a form prescribed by the City Clerk for that purpose, and must be filed with the City Clerk within thirty (3) calendar days of the termination of a Lobbyist status. J. Updates Required Upon Notice from City Clerk. The City Clerk may, but is not required to, notify a Lobbyist to file an amended registration, registration renewal, quarterly report, or supplemental report pursuant to this Section as a courtesy. When any pPerson is so notified by the City Clerk to file an amended registration, registration renewal, quarterly report, or supplemental report pursuant to this Section, the Lobbyist must provide the information within the time period specified in the notice from the City Clerk. Failure to receive notification from the City shall not excuse compliance with this Section , and shall not be a defense to any action to enforce, the provisions of this Chapter. K. Under Penalty of Perjury. All documents and reports required of a Lobbyist under this Chapter must be signed and submitted under penalty of perjury. 2.55.070 Lobbyist-Identification. Lobbyists must identify themselves and their Client wWhen appearing in a Lobbying capacity at any meeting with a Designated City Official or at a public meeting of the City Council or any other City board or commission., the Lobbyist must identify himself or herself and the Client that he or she represents. In addition, at any public meeting of the City Council or any other City board or commission, a Lobbyist must disclose on the record, prior to addressing the City Council or any other City board or commission, whether they have engaged in Lobbying activities within thirty calendar days (30) of the public meeting with Designated City Officials that are present at the public meeting on a matter on the agenda for that public meeting, including public comment, by stating that they have met outside of the aforementioned public meeting with Designated City Officials (naming each one). For example, the above disclosure may be made as follows: “John Doe, appearing on behalf of Jane Doe on item X. and for the Page 55 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 13 record, I have had contact with Councilmembers X and Y on this matter within the last thirty (30) calendar days before this meeting.” 2.55.080 Lobbyist-Prohibited Activities; Restriction A. No Lobbyists shall not engage in Lobbying unless they arehe or she is registered with the City Clerk, as required by Section 2.55.060, areis current with any required reporting, and haves paid any and all fees and fines required or imposed pursuant to this Chapter. B. No person convicted of a criminal violation of this Chapter may act as a Lobbyist or otherwise attempt to influence Municipal Decisions for Compensation under this Chapter for two years after such conviction. 2.55.090 Administration by the City Clerk. The City Clerk shall: 1. Subject to review and approval by the City Attorney, create all forms and explanatory materials, and adopt all reasonable and necessary policies or procedures to implement this Chapter. The City Clerk may require electronic filing of registration, required reports, complaints, or other documents. 2. Provide annual yearly reports to the Mayor and City Council on the following: (1) Lobbyist registrations; (2) pending complaints and enforcement proceedings under this Chapter; and (3), if determined appropriate by the City Clerk, provide any recommendations for amendments of this Chapter to improve administration of this Chapter. Press releases summarizing the contents of the reports may be prepared and distributed with the respective reports by the City Clerk 3. Accept all filings required by this Chapter. The City Clerk shall iInspect or cause to be inspected all filings for completeness. The City Clerk and may refuse to accept any filing that is incomplete or from which the required information is missing or omitted. The City Clerk mayhas the authority to notify, or cause to be notified, any person submitting an incomplete filing to file an amended registration, quarterly report, or Commented [A29]: This is likely illegal. Given that re-entry into the workforce is a statewide interest and lobbying is a protected constitutional right, a California court would likely strike down a local charter city ordinance that bars a felon from working as a lobbyist, even if it's only two years. The ordinance would be seen as an unconstitutional infringement on a matter of statewide concern. Commented [A30]: Duplicative. Page 56 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 14 supplemental report and the date upon which it must be filed. Any person so notified by the City Clerk must comply as directed. 4. The City Clerk shall accept complaints of violations of this Chapter and refer them to the Enforcement Authority in accordance with Section 2.55.100, with a copy to the City Attorney’s Office. 5. The City Clerk shall refer to the Enforcement Authority any person who has failed to file any required registration, report, or amendment, or make payment of any fee or fine, following two notices being sent by the City Clerk. 6. The following records shall be preserved by the City Clerk shall and be available for public inspection as a public record and auditretain for a period of four years from date of filing of the records with the City Clerk: (1) required registration forms and ; (2) required quarterly reports; (3) written violation complaints filed with the City Clerk or submitted to the Enforcement Authority by the City Clerk, City Manager, or City Attorney; and (4) written decisions regarding the aforementioned violation complaints dismissing a matter or imposing a remedy as provided for in this Chapter. 2.55.100 Complaint Review and Enforcement. A. The Enforcement Authority, as set forth in this Section, shall be responsible for the investigation and prosecution of alleged violations of this Chapter, and may including making referr matters als to the City Attorney, District Attorney, ’s Office or other law enforcement agencyfor criminal prosecution. B. Complaints of violations of this Chapter must be: (1) in writing on a form prescribed by the City Clerk; (2) sworn under penalty of perjury by the complainant; and (3) filed by either (i) an owner or operator of a business located in the City of Chula Vista or (ii) a resident of the City of Chula Vista. The complaint shall be filed with the City Clerk and include evidence to the satisfaction of the City Clerk that the complainant is (i) an owner or operator of a business located in the City of Chula Vista, or (ii) a resident of the City. The complaint shall state a full recitation of all facts that are alleged to constitute a violation of this Chapter. If a complaint does not comply with these requirements, the City Clerk shall not forward the complaint to the Commented [A31]: Or what? Registration revoked? Suspended? Fined? Commented [A32]: Unnecessary. If they do not comply, they are fined or lose their ability to lobby. Commented [A33]: Do you want to create a mechanism so that the public can lodge a complaint directly with the Enforcement Authority? Commented [A34]: We need to check the City's retention schedule to ensure consistency. Commented [A35]: We do not have a requirement for lobbyists to keep their records. Here's what the City of San Diego does: "In addition to any other requirement of this division, every lobbying entity shall retain for a period of five years all books, papers, and documents necessary to substantiate the quarterly disclosure reports required to be made under this division." Commented [A36]: This section will require additional review. Page 57 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 15 Enforcement Authority, but shall instead notify the complainant and provide the basis as to why it is insufficient for filing. C. After receipt of a complaint that complies with Subsection B of this Section, wWithin five (5) business days of receipt, the City Clerk shall forward the complaint to the Enforcement Authority for a probable cause determination. A probable cause determination means that the Enforcement Authority has found that there are facts and circumstances of a reasonably trustworthy nature sufficient to justify a person of reasonable caution or prudence to believe that Sections 2.55.060, 2.55.070, or 2.55.080 of this Chapter were violated. The Enforcement Authority must make a probable cause determination wWithin thirty (30) calendar days of receiving the complaint from the City Clerk., the Enforcement Authority shall determine if probable cause exists that Sections 2.55.060, 2.55.070, or 2.55.080 were violated. If no probable cause is determined to exist, the complaint shall be dismissed summarily and involved parties shall be notified of the dismissal in writing. The above time frames are directory, not mandatory, and shall not be a basis to dismiss a complaint. D. If probable cause is determined to exist, the Enforcement Authority, in their discretion, shall refer the complaint determine whether civil or criminal remedies are appropriate as follows: 1. If the Enforcement Authority determines that civil or administrative remedies are appropriate, the Enforcement Authority shall refer the complaint to the City Attorney, who, in turn, shall forward the complaint to the next Enforcement Authority on the special counsel panel, who will then take further investigatory and procedural steps necessary to resolve the matter. If the subsequent special counsel, upon further investigation or review, determines that criminal prosecution is warranted, they may refer the matter to the District Attorney. 2. The Enforcement Authority may refer a violation for criminal prosecution after consideration of the following factors: (1) whether the violation was knowing or willful; (2) the severity of the violation; (3) the frequency of violations; (4) efforts to correct violations; (5) whether the violation was negligent or inadvertent; or (6) other considerations the Enforcement Authority determines is relevant in their decision making process. The aforementioned consideration of factors is directory, not mandatory, and shall not constitute a defense to any criminal charges brought under this Chapter nor preclude the initiation of any criminal prosecution. If the Enforcement Authority determines that criminal prosecution is appropriate, Page 58 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 16 it shall refer the matter to the City Attorney, who, in turn, shall forward the complaint to the District Attorney for further handling. Violations of this Chapter forwarded to the District Attorney for handling shall not be subject to any further action by the Enforcement Authority. F. The special counsel, serving as the Enforcement Authority, may investigate and may institute legal action to compel compliance or to prevent further violations of this Chapter. If the allegation contained in the complaint is also a violation of state law, the Enforcement Authority shall not investigate but, rather, shall forward the complaint to an appropriate enforcement agency. G. Criminal prosecution for violations of this Chapter must be commenced within one (1) year after the date on which the violation occurred. H. Civil prosecution for violation of this Chapter must be commenced within four (4) years after the date on which the violation occurred. No administrative action alleging a violation of any of the provisions of this Chapter shall be commenced more than four years after the date on which the violation occurred. If the person alleged to have violated a provision of this Chapter engages in the fraudulent concealment of his or her acts or identity, the four-year period for civil and administrative actions shall be tolled for the period of concealment. For purposes of this subdivision, “fraudulent concealment” means the person knows of material facts related to his or her duties under this Chapter and knowingly conceals them in performing or omitting to perform those duties, for the purpose of defrauding the public of information to which it is entitled under this Chapter. I. If the District Attorney determines that no violation occurred, the Enforcement Authority, who referred the matter to the District Attorney, may review the complaint and, if necessary, conduct further investigation to determine if there is probable cause to find that the complainant committed perjury. If such probable cause exists, the enforcement authority shall forward the complaint to the District Attorney for prosecution for perjury. J. The Enforcement Authority may consult with the City Clerk, City Manager, or City Attorney on matters, including but limited to, the complaint, this Chapter, or City practices or procedures. K. Special counsel, serving as the Enforcement Authority, shall be immune to liability for enforcement of this Chapter. L. If a violation of this Chapter is observed by the City Clerk, City Manager, or City Attorney, they may file a complaint in writing and refer the matter to the Enforcement Authority for Page 59 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 17 enforcement and prosecution. The requirements of Subsection B of this Section shall not apply to a complaint filed pursuant to this Subsection L. M. The following remedies shall be available for violations of Sections 2.55.060, 2.55.70, or 2.55.080 of this Chapter: 1. Criminal Penalties. Any person who violates Sections 2.55.060, 2.55.070, or 2.55.080 is guilty of a misdemeanor and is subject to the provisions of Chapter 1.20 of this Code; 2. Civil Actions. The enforcement authority may bring a civil action against any person who violates Sections 2.55.060, 2.55.070, or 2.55.080 of this Chapter, and/or may seek injunctive relief in the courts to enjoin violations of or to compel compliance with the provisions of this Chapter; or 3. Administrative Remedies. In addition to or in lieu of civil action, the provisions of Section 1.41.100 [Administrative Citations] of this Code are applicable to any violation of Sections 2.55.060, 2.55.070, 2.55.080 of this Chapter. The Enforcement Authority may issue a written warning for minimal or inadvertent violations as an administrative remedy. Appeals pursuant to Chapter 1.40 of an administrative fine issued under this Subsection (M) (3) may be heard by a hearing officer selected by the City Manager. 2.55.105 Board of Ethics Review. A. The Board of Ethics shall review the below listed information provided by the City Clerk and prepare an annual report to be presented to the City Council and available to the public regarding the following: 1. Number of Lobbyist, Lobbyist Business, and Clients, including an analysis of the extent of Lobbying conducted by each; 2. An analysis of the types of Municipal Decisions, issues, or matters Lobbied upon, including which and to what extent Lobbyist, Lobbyist Businesses, and Clients Lobbied (or engaged a Lobbyist) to influence such Municipal Decisions, issues, or matters; 3. An analysis of fees or fines imposed, including the basis for such fines and fees, if waivers were provided and the basis for such waiver, and the identification of Lobbyists that have repeated fines or violations; 4. An analysis of Complaints filed, including types of violations and actions taken by the Enforcement Authority; 5. Any other matter that the Board of Ethics determines is pertinent to the administration of this Chapter; and Page 60 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 18 6. Recommendations regarding improving administration of this Chapter. Prior to the issuance of the aforementioned annual report, the Board of OEthics shall conduct a public hearing to receive information regarding the administration of this Chapter. Information from the public hearing may be included in the annual report. The report shall be issued on or before March 15 of each year and shall cover the preceding calendar year. B. The City Clerk shall provide to the Board of Ethics the following information on a quarterly basis: 1. Registration Reports; 2. Quarterly Reports; 3. Information regarding fines and fees assessed; and 4. Information regarding complaints of violations 2.55. 110 Implementation Date. The registration, reporting and other requirements of this Chapter shall apply to Lobbying occurring on or after December 1, 2025, referred to as the Implementation Date. Lobbying that occurs prior to the Implementation Date of this Chapter shall not be considered for purposes of the registration, reporting and other requirements of this Chapter. Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication Commented [A37]: This is not a realistic implementation date. Ordinances require two reviews and a referendum period, plus the City should include time to educate the lobbying community about the new law. Page 61 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 19 The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented By: Approved as to form by: _____________________________________ ____________________________________ [INSERT DEPARTMENT HEAD NAME] Marco Verdugo [INSERT DEPARTMENT HEAD TITLE] City Attorney Page 62 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 1.15.26 BOE Complaint Form and Instructions-Revised BOARD OF ETHICS COMPLAINT FORM AND INSTRUCTIONS Violations of Specified Prohibitions (CVMC 2.01.030(C)) Page 63 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda Page 2 of 16 1.15.26 BOE Complaint Form and Instructions-Revised TABLE OF CONTENTS BOE COMPLAINT FORM Introduction 3 Section I – Complainant Information 4 Section II – Respondent Information 5 Section III – Specified Prohibitions 6 Section IV – Description of Facts 7 Section V – Witnesses 8 Section VI – Documentation 9 Section VII – Related Complaints 10 Section VIII – Additional Information 10 Section IX – Verification 11 Instructions 12 Request for Confidentiality Form 15 Attachments: Chula Vista Municipal Code sections 2.01 and 2.28 Page 64 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda Page 3 of 16 1.15.26 BOE Complaint Form and Instructions-Revised INTRODUCTION The Board of Ethics has the authority to hear complaints regarding alleged violations by City officials of only the Specified Prohibitions set forth in Chula Vista Municipal Code (“CVMC”) section 2.01.030(C). “City officials” are identified in CVMC section 2.01.020 as the Chula Vista City Council, including the Mayor, the City Manager, the City Attorney, the City Clerk, Board and Commission members, Assistant City Managers, City Department Directors, and ex-City officials who previously occupied those positions. Please review CVMC section 2.01.030(C) to ensure that your allegation(s) involves the Specified Prohibitions. Copies of CVMC Chapters 2.01 (specified prohibitions) and 2.28 (complaint procedures) are included with this Complaint Form packet. The Board of Ethics does not have jurisdiction to hear complaints about other issues or individuals. Further, it may refer complaints regarding alleged violations of the Specific Prohibitions to other enforcement agencies. The Board of Ethics acts as the hearing body for complaints involving violations of the Specified Prohibitions. The Board of Ethics must be impartial in its actions. The complaint process begins with a prima facie review of the complaint, where the Board examines the information in this Complaint Form to determine if it was timely filed (a complaint must be filed within 90 days of the alleged violation), involves a City Official, and if it contains a specific and full set of facts that allege a Specific Prohibition has been violated. Please provide as much factual and detailed information as possible, particularly in the narrative section of this complaint form (Section 4), and completely describe the acts that form the basis for the alleged violations of the Specified Prohibitions. As the Complainant, your name is not confidential and would be publicly available. If you would prefer your name to be held confidential, you may complete a “Request for Confidentiality” form to request limited confidentiality. If your request is granted, your name would be kept confidential for a limited period but may be disclosed during the probable cause stage of the proceedings. If your request is not granted, you will have the option to either pursue the complaint with your name not being confidential, or you may withdraw your complaint. If a complaint survives the prima facie review, it is then set for a probable cause hearing to determine if there is enough information to conduct a hearing on the merits of the complaint. If a hearing is held, the Board of Ethics will issue a post-hearing written decision. Please complete a separate complaint form for each City Official you believe violated the Specified Prohibitions set forth in CVMC 2.01.030(C). If you have any questions, you may consult with an attorney. You may also contact the City Attorney’s Office if you have questions about the form at (619) 691-5037, but they do not provide advice as to the substance of a complaint. The Board of Ethics must be neutral and cannot assist any party in the complaint process. Thank you for taking time to submit your complaint. Page 65 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda Page 4 of 16 1.15.26 BOE Complaint Form and Instructions-Revised SECTION I - COMPLAINTANT (PERSON WHO IS COMPLAINING) INFORMATION For each person that is filing this complaint (Complainant(s)), please provide the following required information: COMPLAINANT INFORMATION Full Name Address Phone Number Email Address ___________________________ ___________________________ ___________________________ ___________________________ ___________________________ The name of the Complainant(s) is not confidential. If you want to keep your name confidential for a limited period of time, you may make request for confidentiality. To do so, each person complaining must complete a Request for Confidentiality form, included with this complaint package. REQUEST FOR CONFIDENTIALITY (Check appropriate box) □□ If there is more than one Complainant, please provide the above information for each additional person on an additional sheet of paper. □Check if additional pages are attached Page 66 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda Page 5 of 16 1.15.26 BOE Complaint Form and Instructions-Revised SECTION II - RESPONDENT (PERSON YOU ARE COMPLAINING ABOUT) INFORMATION For each person you are complaining about (Respondent(s)) please provide the following: RESPONDENT 1 Person you are complaining about is: Full Name: _____________________________________________________ THE ABOVE-NAMED PERSON IS (CHECK ONE): ☐The Mayor☐Councilmember☐City Manager☐City Attorney☐City Clerk☐Assistant City Manager☐City Department Director☐Board or Commission Member Name Board, Commission, or Department (if applicable): ____________________________________________________________ If the Respondent is not listed above, please contact the City Attorney’s Office at (619) 691- 5037. The Board of Ethics is unable to hear complaints regarding individuals not listed above but may be able to provide a referral to another agency. If there is more than one Respondent please provide the above information for each additional Respondent on an additional sheet of paper. □Check if additional pages are attached Page 67 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda Page 6 of 16 1.15.26 BOE Complaint Form and Instructions-Revised SECTION III - SPECIFIED PROHIBITIONS The following Specified Prohibitions are found in CVMC 2.01.030(C). Please review the actual language of the Specified Prohibitions to ensure that your allegations involve an alleged violation of the Specified Prohibitions. In Section 4, you must provide a detailed description of the conduct alleged to show a violation of a Specified Prohibition. Any allegation not alleging a violation of a Specific Prohibition will not be considered and the allegation will be dismissed. For each person you are complaining about, please complete the below sentence and check the applicable box(es) indicating the Specified Prohibition believed to have been violated. Statement: I, ______________ [insert Complainant name], allege that on or around ___________[insert date or dates of violation or approximate dates], ________________[Respondent], who is ______________or formally was _______________ [insert City official title], engaged in the following conduct: (please check all boxes that apply): ☐1. Accepted gifts, favors, or promises of future benefits, which might compromise or tend to impair independence of judgment or action. Gifts do not include campaign contributions authorized by the Political Reform Act. ☐2. Used their official title or position for personal gain. Personal gain includes, but is not limited to situations, where a City Official solicits items of value in consideration of their official title or position. ☐3. Divulged 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. Used or permitted the use of City resources for unapproved non-city activities, except when available to the general public, provided for by administrative regulations or policies, or approved by City Council. ☐5. Improperly appeared on behalf of the private interests of third parties before the Council or any board, commission or proceeding of the city. ☐6. For an Ex-City Official not including former elected officials: For a period of one year after leaving office or employment acted, for compensation, as an agent or attorney for, or otherwise represented, any other person by making oral or written communication before any City administrative office or agency or officer or employee, where the appearance of communication was 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. For a former member of the City Council, including the Mayor: Appeared 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 Page 68 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda Page 7 of 16 1.15.26 BOE Complaint Form and Instructions-Revised 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. Endorsed or recommended 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. Violated Government Code section 87100 related to financial interests and governmental decisions made by them. ☐10. Coerced 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 engage in any lawful political activity. A general statement encouraging another person to vote does not violate this prohibition. ☐11. Displayed campaign materials in any city-owned vehicle under their control and operated by that City Official. ☐12. Aided and abetted another City Official to violate the Specific Prohibitions set forth in the Code of Ethics. ☐13. Negotiated for employment with any person, firm, or organization at the same time that aforementioned person, firm, or organization had a matter pending before City Council, Board or Commission, or City department and upon which the City Official must act or make a recommendation. SECTION IV - DESCRIPTION OF FACTS Provide a specific and full description of the facts constituting the alleged violation of the Specified Prohibitions set forth in CVMC 2.01.030(C). You must include the date(s) of the incident(s), describe the Respondent’s position in the City, and have a full and specific description of what occurred that allegedly violated the Specified Prohibitions set forth in CVMC 2.01.030(C). Avoid making unsupported conclusions or speculation. The Board of Ethics only holds jurisdiction over allegations involving the Specified Prohibitions set forth in CVMC 2.01.030(C). You may attach additional sheets as necessary. Page 69 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda Page 8 of 16 1.15.26 BOE Complaint Form and Instructions-Revised ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ If more space is needed, please check this box and attach additional sheets as necessary Page 70 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda Page 9 of 16 1.15.26 BOE Complaint Form and Instructions-Revised SECTION V - WITNESSES Provide the following information about witnesses that can provide facts that support the alleged violations of the Specified Prohibitions: WITNESS #1 ____________________________________ ____________________________________ ____________________________________ ____________________________________ Identify what the witness will attest to: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ WITNESS #2 ____________________________________ ____________________________________ ____________________________________ ____________________________________ Identify what the witness will attest to: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ If more space is needed for witness statements or additional witnesses, please check this box and attach additional sheets as necessary Page 71 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda Page 10 of 16 1.15.26 BOE Complaint Form and Instructions-Revised SECTION VI - DOCUMENTATION List and attach copies of any documents in your possession that support the alleged violations of the Specified Prohibitions. In addition, indicate below whether there are other records, not in your possession, that you believe would assist the Board of Ethics in reviewing the complaint. Documents Attached Other records not attached If more space is needed, please check this box and attach additional sheets as necessary SECTION VII - RELATED COMPLAINTS Have you or someone you know made or filed the same or similar complaint in a court or with another agency? Yes □ No □ If yes, identify the court or agency and attach a copy of any complaint and response. Briefly describe the complaint and response below: Page 72 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda Page 11 of 16 1.15.26 BOE Complaint Form and Instructions-Revised Court or Agency Name Describe Complaint and Response If more space is needed, please check this box and attach additional sheets as necessary SECTION VIII - ADDITIONAL INFORMATION Provide any additional information that you believe may assist the Board of Ethics in evaluating this complaint. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ If more space is needed, please check this box and attach additional sheets as necessary Page 73 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda Page 12 of 16 1.15.26 BOE Complaint Form and Instructions-Revised SECTION IX - VERIFICATION I declare under penalty of perjury, under the laws of the State of California, that the above statements and information are true and correct: Executed on (date): _________________________ At (City and State): _________________________ By (Name): _________________________ Signature: __________________________ If there is more than one Complainant, each one must complete the above verification on a separate sheet of paper. □Check of there are additional pages with complainant verifications. Page 74 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda Page 13 of 16 1.15.26 BOE Complaint Form and Instructions-Revised BOARD OF ETHICS COMPLAINT FORM INSTRUCTIONS The following are instructions to help you complete the Board of Ethics complaint form. If you require assistance you should seek the advice of an attorney. If you have questions regarding the complaint form you may contact the City Attorney’s Office at (619) 691-5037, but they do not advise as to the substance of a complaint. Section I [Complainant Information]: In this section, the person (You) or persons (You and others) who are complaining, also called Complainant(s), identify themselves and provide the below listed contact information. 1.Provide complete name. 2.Provide complete address. This address will be used to send correspondence. 3.Please provide a phone number where you may be contacted. 4.Provide an email address where you may be contacted. If there is not enough room on the form or there are additional complainants, you may use additional sheets of paper and provide the requested identifying information. In this section, the complainant can also request to have their name kept confidential. The request for confidentiality is for a limited period of time, usually up to the probable cause hearing (at which time their identity may become known). To request confidentiality, a separate form must be completed and must meet the requirements of CVMC section 2.28.090(C). Section II [Respondent information]: In this section, you are asked to identify the person or persons you are complaining about, also called the Respondent, and their City position. The required information includes: 1.Complete name 2.Official City Title 3.Identify if the Respondent is the City of Chula Vista Mayor, a Councilmember, the City Attorney, a Board or Commission Member, or a City of Chula Vista Department Director. The Respondent must be the Mayor, a City Councilmember, the City Attorney, a City board or Commission Member, or a City Department Director, referred to as “City Officials” in the Code of Ethics. The Board of Ethics does not hear complaints regarding other individuals. City departments include: Development Services Department, Economic Development Department, Finance Department, Fire Department, Human Resources Department, Information and Technologies Department, Library Department, Police Department, Public Works Department, and Recreation Department. Page 75 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda Page 14 of 16 1.15.26 BOE Complaint Form and Instructions-Revised If there is not enough room on the form, you may use additional sheets of paper and provide the requested identifying information. Section III [Specified Prohibitions]: In this section, for each Respondent, insert their name in the blank for “[Name]” and insert their City title in the blank for “[City Title]” and then check the Specified Prohibition(s) that you believe was violated. The checklist of the thirteen specified prohibitions is a summary. You should review the actual language for each Specified Prohibition found in Chula Vista Municipal Code section 2.01.030(C), a copy of which is included in this complaint package. Please complete the above steps for each City Official you are complaining about. You may use additional sheets of paper if needed. Please note that the Board of Ethics can only consider complaints regarding the Specified Prohibitions found in Municipal Code section 2.01.030(C), but cannot consider complaints about the Guiding Principles found in Municipal Code section 2.01.030(A) and (B). Section IV [Description of Facts]: In this section, please describe, for each Respondent, the facts that show a violation of the Specified Prohibitions. Legal-type language is not required. Instead, write it like a story in chronological order. You must include the specific date the violation occurred and describe in detail what facts show a violation of the Specified Prohibitions. The specific date the violations occurred is important because the complaint must be filed within 90 days of the violation. Also, avoid making unsupported conclusions or engaging in speculation. This section is very important because the Board of Ethics uses the facts in this section to determine if a prima facie showing has been made and to continue BOE consideration of the complaint. You may attach additional sheets if you need more space. Section V [Witnesses]: In this section, provide the following information for each witness that supports your complaint: 1.Full name 2. Complete Address 3.Phone where they may be contacted 4. E-mail where they may be contacted For each witness, have them write a statement detailing what facts they would provide that shows a violation of the Specified Prohibitions. If that cannot be done in time, a summary of what they would say is acceptable. Also, the witness must be someone you spoke with and know what they will say. A witness is not someone who you think will say something in support of your complaint. Please complete the above steps for each witness. Please note that as the case progresses, the witnesses may be called to testify before the BOE at a hearing on the merits of the complaint. Section VI [Documentation]: In this section, provide copies any documents that support your allegation of a violation of the Specified Prohibition. You may also provide web links to the Page 76 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda Page 15 of 16 1.15.26 BOE Complaint Form and Instructions-Revised documents if they are on the internet. Also, if you are specifically aware of documents that exist, but are not in your possession, please explain what the documents are, what information they will contain, and where they are located. Section VII [Related Complaints]: In this section, provide copies of complaints that are the same or similar as the current complaint or related to the current complaint that you have filed with another agency or court. Other agencies may include District Attorney’s Office (DA), Attorney General’s Office (AG), or Fair Political Practices Commission (FPPC). If you have received a response from that other agency, please include that as well. Section VIII [Additional Information]: If there is any information that you have not yet provided in this complaint form, but believe such information is relevant and would assist the Board of Ethics in determining if there is a violation of the Specified Prohibitions, please provide that information is this section. If you are not sure, it is better to provide too much information than not enough, and you may provide such information in this section. Section IX [Verification]: Chula Vista Municipal Code section 2.28.090 requires that the complaint be signed and filed under penalty of perjury. Each person that is making the complaint must sign the complaint under penalty of perjury. Page 77 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda Page 16 of 16 1.15.26 BOE Complaint Form and Instructions-Revised REQUEST FOR CONFIDENTIALITY FORM A person filing a complaint that a Specified Prohibition has been violated may file a request to keep their name and other identifying information (together called “Identifying Information”) confidential pursuant to CVMC section 2.28.090(C). The complainant filing the request bears the burden of showing good cause that their Identifying Information should be kept confidential. A separate request must be submitted by each complainant requesting to keep their Identifying Information confidential. The confidentiality is limited and their name may be released at the probable cause stage of the proceedings. If the request is denied, the complainant must either withdraw their complaint or proceed with their name being publicly available. I, __________________[Name], hereby request that my Identifying Information be kept confidential, pursuant to CVMC Section 2.28.090(C), and that good cause exists to do so because [check one that applies]: □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; □Facts that show that complainant would be shunned, ostracized, or rebuked by an organization or group to which they belong if their name were to be made public; □Evidence of prior acts of retaliation or harm by respondent against complainant or any other person; □The existence of criminal convictions for crimes of violence by or the existence of any restraining orders against respondent; or □ Describe (in detail) in the following section below why your Identifying Information should be kept confidential. Conclusionary or speculative statements of harm or retaliation are insufficient to establish good cause. I declare under the penalty of perjury the following: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ If more space is needed, please check this box and attach additional sheets as necessary Signature: ________________________ Date: _______________ Page 78 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda BOARD OF ETHICS Role, Duties, and Procedures January 21,2026 Page 79 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 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 Page 80 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda City Structure 3 Page 81 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 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 Page 82 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 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 Page 83 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda Categories of Member Responsibilities To the City Council To the Community To Each Other To Staff 6 Page 84 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 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 Page 85 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 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 Page 86 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 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 Page 87 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 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 Page 88 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 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 Page 89 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 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 Page 90 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 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 CVMC chapter 2.28 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 Page 91 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 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 and render advisory opinions -Adopt rules of procedure for the conduct of its business 14 Page 92 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 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 Page 93 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda Your Webpage www.chulavistaca.gov/boe 1616 Page 94 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 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 Page 95 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 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 Page 96 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 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 Page 97 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 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 Page 98 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 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 Page 99 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda Agenda Website www.chulavistaca.gov/boardmeetings 22 Page 100 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 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 Page 101 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda Typical Process for Hearing Agenda Items 2424 Page 102 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 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 Page 103 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 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 Page 104 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 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 Page 105 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 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 Page 106 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 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 Page 107 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 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 Page 108 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 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 Page 109 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 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 Page 110 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 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 Page 111 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 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 Page 112 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 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 Page 113 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 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 Page 114 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 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 Page 115 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 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 Page 116 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 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 Page 117 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 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 Page 118 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 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 Page 119 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 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 Page 120 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 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 Page 121 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 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 Page 122 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 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 Page 123 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 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 Page 124 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 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 Page 125 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 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 Page 126 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda 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 Page 127 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda QUESTIONS? 50 Page 128 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda Proposed Amendment City of Chula Vista Grant of Subpoena Powers to the Board of Ethics PURPOSE AND INTENT Overview - The purpose of this ordinance is to strengthen the integrity, independence, and effectiveness of the City’s Ethics Commission by authorizing the Commission to issue subpoenas in furtherance of its investigatory and enforcement responsibilities. The City Council finds that the Ethics Commission is charged with safeguarding the public trust by enforcing ethical standards applicable to city officials, employees, and other persons subject to the City’s ethics laws. In order to fulfill this responsibility, the Commission must have access to relevant testimony, documents, and other evidence necessary to conduct thorough, fair, and timely investigations. The intent of granting subpoena authority is to ensure that the Ethics Commission possesses investigative tools comparable to those available to similar oversight bodies, while maintaining appropriate due process protections. Subpoena power shall be exercised solely for legitimate investigatory purposes, in accordance with established procedures, and subject to judicial oversight as provided by law. This ordinance is not intended to expand the substantive scope of the Ethics Commission’s jurisdiction, but rather to provide a necessary procedural mechanism to enable the Commission to carry out its existing duties effectively, promote accountability in municipal government, and enhance public confidence in the ethical conduct of City operations. Section 1. 1. Public Trust and Ethical Governance. Chula Vista’s Board of Ethics is tasked with advising the City Council on ethical standards, investigating violations of the municipal Code of Ethics, and issuing advisory opinions and recommendations to ensure ethical conduct by city officials and employees. 2. Need for Investigatory Tools. In order to carry out its existing duties effectively— including responding to complaints, reviewing financial disclosures, and advising on ethics matters—the Board of Ethics requires adequate investigatory authority comparable to oversight bodies in other jurisdictions. 3. Transparency and Accountability Challenges. Recent public discourse and civic concerns about transparency in city operations—illustrated by legal disputes over access to police drone footage, the costs of defending against public records litigation, and debates over privacy protections in city technology and surveillance policy—highlight a broader need for robust ethical oversight mechanisms that can compel necessary information. 4. Historical Context. The integrity of governance is foundational to community confidence. Allegations of misconduct by elected officials and city staff, and investigative reporting Page 129 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda into workplace culture and accountability, underscore the importance of equipping the Ethics Commission with tools to thoroughly and fairly evaluate potential ethical violations. 5. Due Process. While empowering the Board of Ethics with subpoena authority, the City affirms that due process and legal protections must be preserved for all persons subject to an investigation. Based on these findings, the purpose of this ordinance is to enhance the effectiveness of ethical oversight in the City of Chula Vista by granting limited subpoena powers to the Board of Ethics, subject to appropriate approval and procedural safeguards. Section 2. This proposal intends: 1. To authorize the Board of Ethics to issue subpoenas for documents, testimony, and other evidence relevant to investigations and enforcement of the City’s Code of Ethics and related provisions. 2. To promote thorough, fair, and timely investigations that protect the integrity of local government and the public trust. 3. To preserve fundamental legal rights and due process protections for all individuals and entities subject to investigation by establishing clear procedural requirements governing the exercise of subpoena power. LEGAL AUTHORITY TO PROVIDE SUCH POWERS California Law Allows City Council to Amend the Charter and Provide Such Powers to Commissions. Cite: I. Under California law, the Chula Vista Board of Ethics may obtain subpoena powers to conduct its investigations, if said power is delegated to it by the legislative body of the city or county. Specifically, California Government Code Code § 53060.4 explicitly states that the legislative body of a city or county can delegate its authority to issue subpoenas to a city or county official or department head for the enforcement of local laws or ordinances, which could include investigations conducted by the Board of Ethics. II. Brown v. The City of Berkeley (1976) states that the right to subpoena witnesses and documents concerning a matter pending before a commission created by the Council of a charter city has been found to be a municipal affair. Chula Vista, as a charter city, would have the power to grant subpoena power to commissions provided for in the charter if the charter was amended to provide for this power. III. Under the California Political Reform Act of 1974, Section 83118 the Commission may subpoena witnesses, compel their attendance and testimony, administer oats and affirmations, take evidence and require by subpoena the production of any books, papers, records or other items material to the performance of the Commissions duties or exercise of its powers (The Political Reform Act of 1974, 2025 version, p. 24). Page 130 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda Due-Process Safeguards and Procedural Framework a. Approval Thresholds 1. Pre-Issuance Review. Prior to issuing a subpoena, a written request must be submitted by the Board Chair or designated investigator to the City Attorney or independent counsel, outlining the relevance, materiality, and necessity of the requested subpoena. 2. Commission Vote. A subpoena may only be authorized upon the affirmative vote of a majority of the sitting members of the Board of Ethics. b. Counsel Review 1. City Attorney/Independent Counsel. All draft subpoenas shall be reviewed for legal sufficiency and compliance with applicable law by either the City Attorney’s Office or an independent legal counsel designated by the Council to avoid conflicts of interest. 2. Notice of Rights. Subpoenas shall include clear notice of rights, including the right to object and the process for judicial review. c. Enforcement and Objections 1. Service and Compliance. Subpoenas shall be served in accordance with applicable state law. Persons or entities served shall have a reasonable time to comply or raise objections. 2. Objections. A recipient may object to a subpoena on legal grounds (such as privilege or undue burden) by filing a written motion with the appropriate court within the time prescribed by law. The Board shall not seek enforcement in court without first considering counsel’s recommendations. 3. Judicial Enforcement. If a person fails to comply with a subpoena and no timely objection is filed, or if an objection has been overruled by a court, the Board may seek enforcement through the appropriate judicial forum in accordance with California law. d. Confidentiality and Use of Information 1. Protection of Sensitive Information. The Board shall adopt rules to ensure that sensitive or privileged information obtained under subpoena is handled with confidentiality, subject to applicable public records laws and legal obligations. 2. Use Limitation. Information obtained through subpoena shall be used solely for investigative or enforcement purposes by the Board of Ethics or related procedures specified in the Municipal Code. Implementation This ordinance is intended to clarify and strengthen the Ethics Commission’s procedural authority without expanding its substantive jurisdiction beyond existing ethical standards in Page 131 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda the Chula Vista Municipal Code and Charter. It shall be implemented in a manner consistent with state and federal constitutional protections. PROPOSED AMENDMENT ORDINANCE NO. ______ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADDING ARTICLE ___ TO CHAPTER ___ OF THE CHULA VISTA MUNICIPAL CODE RELATING TO SUBPOENA AUTHORITY OF THE BOARD OF ETHICS Section 1. Findings and Purpose. The City Council of the City of Chula Vista finds and declares as follows: A. The Board of Ethics is charged with administering, interpreting, and enforcing the City’s ethics laws, including the Chula Vista Code of Ethics, in order to promote integrity, accountability, and public confidence in City government. B. Effective enforcement of ethics laws requires access to relevant testimony, documents, and other evidence necessary to conduct thorough, fair, and timely investigations. C. The absence of subpoena authority may impede the Board of Ethics’ ability to obtain information essential to determining whether violations of ethics laws have occurred. D. Granting limited subpoena authority to the Board of Ethics, subject to procedural safeguards and judicial oversight, is necessary to enable the Board to carry out its existing duties while protecting due process rights. E. This ordinance is intended to provide a procedural mechanism to support enforcement of existing ethics laws and does not expand the substantive jurisdiction of the Board of Ethics. Chapter ___ — ETHICS Article ___ — Subpoena Authority of the Board of Ethics Page 132 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda CVMC § ___.01 — Definitions. For purposes of this Article, the following definitions shall apply: A. “Board” means the Chula Vista Board of Ethics. B. “City Attorney” means the City Attorney of the City of Chula Vista or designee. C. “Independent Counsel” means legal counsel retained by the City or the Board for purposes of advising on ethics enforcement matters where the City Attorney has a conflict of interest or where independent review is otherwise required. D. “Subpoena” means a subpoena duces tecum, subpoena ad testificandum, or both, issued for the purpose of compelling the production of documents, electronically stored information, or testimony. E. “Respondent” means any person or entity subject to an investigation or subpoena issued pursuant to this Article. CVMC § ___.02 — Authority to Issue Subpoenas. A. The Board is authorized to issue subpoenas in connection with investigations conducted pursuant to the City’s ethics laws, including but not limited to alleged violations of the Code of Ethics or related provisions of the Municipal Code. B. Subpoena authority granted under this Article is limited to matters within the Board’s existing jurisdiction and shall not be exercised for purposes unrelated to ethics enforcement. CVMC § ___.03 — Authorization and Approval Requirements. A. A subpoena shall not be issued unless authorized by an affirmative vote of a majority of the total appointed members of the Board at a duly noticed meeting. B. Prior to Board authorization, the proposed subpoena shall be reviewed by the City Attorney or Independent Counsel for legal sufficiency, scope, relevance, and compliance with constitutional and statutory requirements. C. The record of the Board’s authorization shall reflect the general subject matter of the investigation and the necessity of the subpoena, provided that confidential information shall be protected as permitted by law. Page 133 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda CVMC § ___.04 — Form and Content of Subpoenas. All subpoenas issued pursuant to this Article shall: A. State the authority under which the subpoena is issued; B. Describe with reasonable specificity the documents, information, or testimony sought; C. Provide a reasonable time for compliance; D. Include notice of the recipient’s rights, including the right to object, seek modification, or move to quash the subpoena in a court of competent jurisdiction; and E. Be served in the manner provided by California law. CVMC § ___.05 — Objections and Enforcement. A. A recipient of a subpoena may object, move to quash, or seek a protective order in accordance with applicable law. B. The Board shall not seek judicial enforcement of a subpoena without prior review and written recommendation by the City Attorney or Independent Counsel. C. Enforcement of subpoenas issued under this Article shall be pursued exclusively through a court of competent jurisdiction. The Board shall have no authority to impose penalties or sanctions for noncompliance absent a court order. CVMC § ___.06 — Confidentiality and Use of Information. A. Information obtained pursuant to a subpoena shall be used solely for purposes of ethics investigation, enforcement, or related proceedings authorized by law. B. The Board shall adopt rules and procedures to safeguard confidential, privileged, or sensitive information, consistent with the California Public Records Act and other applicable laws. CVMC § ___.07 — Due Process Protections. Page 134 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda A. The exercise of subpoena authority under this Article shall be conducted in a manner that respects constitutional due process rights, including notice, opportunity to be heard, and access to judicial review. B. No adverse finding or recommendation shall be based solely on a person’s exercise of lawful rights to object to or challenge a subpoena. CVMC § ___.08 — Rules and Regulations. The Board is authorized to adopt rules and procedures consistent with this Article to implement subpoena authority, including internal approval processes, document retention, and coordination with legal counsel. CVMC § ___.09 — Severability. If any provision of this Article or its application to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. Section 2. Effective Date. This ordinance shall take effect and be in force thirty (30) days after its adoption. Page 135 of 135 City of Chula Vista Board of Ethics January 21, 2026 Agenda