HomeMy WebLinkAbout2026-5-20 BOE Full Agenda Package
**POST-MEETING AGENDA**
Date:Wednesday, May 20, 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.
We encourage community participation—sign up at www.ChulaVistaCA.gov/Boards to receive email
notifications when agendas are available.
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 March 18, 2026.
Recommended Action:
Board to approve the minutes dated April 8, 2026.
4.2 Authorize the Chair to Work with Staff to Finalize and Submit the Annual
Activities Report for Fiscal Year 2025-26
9
Authorize the Chair to work with staff to finalize and submit the
Board/Commission Annual Activities Report.
4.3 Discussion and Potential Action to Refer Draft Lobbying Ordinance 12
Board to be provided an update on the status of the item currently under
review by City Attorney staff, and to determine any potential action.
4.4 Discussion and Potential Action on Amendment to Code of Ethics -
Subpoena Powers
29
Board to be provided an update on the status of the item currently under
review City Attorney staff, and to determine any potential action.
City of Chula Vista Board of Ethics
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4.5 Prima Facie Review of Board of Ethics Complaint 2026-02 36
Receipt of Complaint 2026-02 under CVMC 2.28.090(A), Conduct a Prima
Facie Review.
5.STAFF COMMENTS
6.CHAIR'S COMMENTS
7.BOARD MEMBERS' COMMENTS
8.ADJOURNMENT
to the regular meeting on June 17, 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
May 20, 2026 Agenda Page 3 of 58
1
City of Chula Vista
Regular Board of Ethics Meeting
MINUTES
March 18, 2026, 5:15 p.m.
City Hall, Bldg. A, Executive Conference Room #103
276 Fourth Avenue, Chula Vista, CA
Present:Member Barragan, Member Gersten, Member Padilla, Member
Torres, Member Velissaropoulos, Vice Chair Hurst, Chair Salas
Also Present:Board Secretary Montalvo, Deputy City Attorney Pietanza
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 5:17 P.M.
2. ROLL CALL
Secretary Montalvo called the roll.
3. PUBLIC COMMENTS
Robert spoke in support of various topics.
4. ACTION ITEMS
4.1 Approval of Meeting Minutes
Moved by Member Torres
Seconded by Vice Chair Hurst
Board to approve the minutes dated February 18, 2026.
The motion was carried by the following vote:
Yes (7): Member Barragan, Member Gersten, Member Padilla, Member
Torres, Member Velissaropoulos, Vice Chair Hurst, and Chair Salas
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2026-03-18 Board of Ethics Regular Meeting Minutes
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Result: Carried (7 to 0)
4.2 Discussion and Potential Action to Refer Draft Lobbying Ordinance
Robert provided written public comment and spoke in opposition to item
4.2.
Deputy City Attorney Pietanza shared that the City Attorney's Office needs
more time to review and requested to move this item to the April meeting.
Chair Salas shared it would not be a problem to move the item to the April
meeting.
4.3 Discussion and Potential Action on Amendment to Code of Ethics
Robert provided written public comment and spoke in opposition to item
4.3.
Deputy City Attorney Pietanza shared that the City Attorney's Office needs
more time to review and requested to move this item to the April meeting.
Chair Salas shared it would not be a problem to move the item to the April
meeting.
5. PRESENTATION
5.1 Update from Campaign Contribution Enforcement Authority
Selection Process Ad Hoc Sub-Committee
Robert provided written public comment and spoke in opposition to item
5.1.
Chair Salas shared they conducted interviews and all applicants were well
qualified.
Member Gersten shared they interviewed five applicants and chose four of
them.
6. STAFF COMMENTS
Deputy City Attorney Pietanza thanked everyone for coming. She shared that the
Chair is calling a special meeting on April 8, 2026, at 4:00 P.M. to discuss a
complaint that was filed.
A quorum check was conducted for the proposed special meeting date of April 8,
2026, at 4:00 P.M.
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2026-03-18 Board of Ethics Regular Meeting Minutes
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7. CHAIR'S COMMENTS
Chair Salas thanked everyone for their assistance. We will have two meetings a
special meeting on April 8, 2026, at 4:00 P.M., and our regularly scheduled
meeting on April 15, 2026, at 5:15 P.M.
8. BOARD MEMBERS' COMMENTS
Member Torres shared he is looking forward to getting to work.
Member Padilla thanked the sub-committee for putting in the work.
Vice Chair Hurst shared there were strong minds on the panel.
9. ADJOURNMENT
The meeting was adjourned at 5:48 P.M.
Minutes prepared by: Sydnie Montalvo, Board Secretary
_________________________
Sydnie Montalvo, Board Secretary
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City of Chula Vista
Special Board of Ethics Meeting
MINUTES
April 8, 2026, 4:00 p.m.
City Hall, Bldg. A, Executive Conference Room #103
276 Fourth Avenue, Chula Vista, CA
Present:Member Barragan, Member Gersten, Member Padilla, Member
Torres, Member Velissaropoulos, Vice Chair Hurst, Chair Salas
Also Present:Board Secretary Montalvo, City Attorney Verdugo, Deputy City
Attorney Pietanza
Minutes are prepared and ordered to correspond to the agenda.
_____________________________________________________________________
1. CALL TO ORDER
A special meeting of the Board of Ethics of the City of Chula Vista was called to
order at 4:08 p.m.
2. ROLL CALL
Secretary Montalvo called the roll.
3. PRESENTATION(S)
3.1 Update from the Confidentiality Determination Ad Hoc Subcommittee
Robert spoke expressing a neutral position.
Chair Salas shared I would like to take this time to explain briefly what
transpired. The Board of Ethics received a complaint on March 9, 2026.
Pursuant to CVMC 2.28.090(2), I appointed an ad hoc subcommittee
within two business days to consider their request for confidentiality. The
subcommittee met on March 16, 2026, and determined the complainant
was entitled to confidentiality. We notified the complainant of our decision
on March 18, 2026. As confidentiality was approved that is all we will
discuss on this matter.
4. STAFF COMMENTS
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2026-04-08 Board of Ethics Special Meeting Minutes
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5. CHAIR'S COMMENTS
6. BOARD MEMBERS' COMMENTS
7. CLOSED SESSION
7.1 Complaint Against a City Employee -- Personnel Exemption
Government Code Section 54957(b)
Board met in closed session at 4:20 P.M. and returned to open session at
5:02 P.M.
8. ADJOURNMENT
The meeting was adjourned at 5:03 p.m.
Minutes prepared by: Sydnie Montalvo, Board Secretary
_________________________
Sydnie Montalvo, Board Secretary
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Board of Ethics
Annual Activity Report
Fiscal Year 2025-26
Highlights of Activities
Elected Chair Salas and Vice Chair Hurst.
Selected and appointed Board of Ethics members to serve on a panel that reviewed
applications, interviewed applicants and then selected a single applicant to nominate for
a position with the Board of Ethics. Presented nomination to City Council and then
instituted as a new member on the Board of Ethics.
Filled all vacancies on the Board of Ethics, maintaining a full Board except for minor gaps
of time during the recruitment process.
Edited and updated the Board of Ethics complaint form to improve usability with a more
modern, user-friendly design.
Developed and processed a recruitment searching throughout California for panel
attorneys to serve on the Campaign Contribution Enforcement Authority Panel. Selected
and appointed BOE members to serve on the Campaign Contribution Enforcement
Authority Ad Hoc Sub-Committee, who then reviewed applications and interviewed and
selected four (4) panel members.
Sub-Committee drafted a proposed lobbying ordinance.
Board as a whole, participated in review, discussion, and direction/action on proposed
edits to proposed lobbying ordinance.
Sub-Committee drafted proposed amendments to Code of Ethics ordinance.
Board as a whole, participated in review, discussion, and direction/action on proposed
amendments to Code of Ethics ordinance.
Drafted Ex Parte Communication Policy that Board voted to submit to City Council for
review and implementation. Two Board members plan to present the policy at the City
Council meeting scheduled for May 5, 2026.
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Subcommittee reviewed Ethics Complaint 2026-01 and determined it met criteria to
grant confidentiality.
Board met and conducted a prima facie review of Complaint 2026-01 and dismissed it
for insufficient prima facie showing.
Received presentation on the roles, duties and procedures of the Board of Ethics on
behalf of the City Attorney’s office.
Comments or Recommendations to the City Council
The Ex Parte Communication Ad Hoc Subcommittee worked diligently over an extended period
to research, discuss, and draft the policy, providing monthly progress updates at the Board of
Ethics meetings throughout the process. On September 17, 2025, the draft policy was referred
to the City Attorney’s Office for review to ensure legal sufficiency and compliance with applicable
laws and regulations. After completing its review, the policy was brought back to the Board of
Ethics on December 17, 2025, where the Board voted to refer the item to the City Council for
review.
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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
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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).
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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
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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
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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.
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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.
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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.
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COMPLAINT No. 2026-02
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COMPLAINT No. 2026-02
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COMPLAINT No. 2026-02
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COMPLAINT No. 2026-02
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COMPLAINT No. 2026-02
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COMPLAINT No. 2026-02
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COMPLAINT No. 2026-02
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COMPLAINT No. 2026-02
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COMPLAINT No. 2026-02
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COMPLAINT No. 2026-02
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COMPLAINT No. 2026-02
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COMPLAINT No. 2026-02
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COMPLAINT No. 2026-02
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2.28.090
A. All complaints regarding violations of this chapter shall be in writing, identify a person subject to the code of
ethics, contain a full allegation of facts that would constitute a violation of the specific prohibitions enumerated in
this chapter, and be sworn under penalty of perjury. All alleged violations must be submitted within 90 days of
occurrence or when it should have been discovered with the exercise of reasonable diligence. Justification for any
delay in filing complaints is the responsibility of the complainant. For complaints concerning unethical patterns of
behavior, such complaints must be received by the Board of Ethics within 90 days of the most recent event
comprising the pattern of behavior complained of, or within 90 days of when the last event should have been
discovered with the exercise of reasonable diligence. The Board of Ethics will, in its discretion, limit the pattern of
behavior to those events the Board of Ethics feels are proximately related in time to be a part of the same pattern
of behavior.
B. The Board may refer the matter to a local, state, or federal enforcement agency that may have jurisdiction
over the matter at any stage of the proceedings and may hold in abeyance Board action pending results of the
referral. The Board of Ethics may, but is not required to, resume Board action on the matter if it has been provided
notice of inaction by the agency to whom the complaint was referred, the expiration of any applicable statute of
limitations, or inaction for more than one year by the agency to whom the complaint was referred. Local, state and
federal enforcement agencies include, but are not limited to, the United States Attorney’s Office, the California
Attorney General’s Office, the San Diego County District Attorney’s Office, the San Diego County Grand Jury, and
the Fair Political Practices Commission (FPPC). If the Board learns of misconduct during any stage of the
proceedings, but the misconduct is not within the specific prohibitions set forth in this chapter, the Board of Ethics
may make a referral to the appropriate local, state, or federal enforcement agency that may have jurisdiction over
the alleged misconduct.
C. The name of the complainant shall be disclosed unless the complainant has requested that their name be
kept confidential and there is good cause to withhold such name. Requests for confidentiality shall be addressed
as follows:
1. To request that their name be kept confidential, the complainant must provide, with their complaint, a
detailed factual statement, sworn under penalty of perjury, that they would suffer harm or retaliation if their
name were to be disclosed. Facts that may be considered to determine if good cause exists may include, but
are not limited to:
a. The existence of an employer/employee or supervisor/subordinate relationship between
respondent and complainant or the existence of such a relationship between complainant’s spouse or
immediate relative(s) and respondent or respondent’s spouse or immediate relative;
b. Facts that show that complainant would be shunned, ostracized, or rebuked by any organization or
group to which they belong if their name were to be made public;
Ch. 2.28 Board of Ethics | Chula Vista Municipal Code Page 1 of 2
The Chula Vista Municipal Code is current through Ordinance 3617, passed February 10, 2026.
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City of Chula Vista Board of Ethics
May 20, 2026 Agenda
The Chula Vista Municipal Code is current through Ordinance 3617, passed February 10, 2026.
Disclaimer: The City Clerk’s Office has the official version of the Chula Vista Municipal Code. Users should contact
the City Clerk’s office for ordinances passed subsequent to the ordinance cited above.
City Website: www.chulavistaca.gov
To be notified when additions, amendments, or revisions are made to the code, send your e-mail address to (be
sure to add "Chula Vista Municipal Code" in the subject line) cpc@generalcode.com.
Hosted by General Code.
c. Evidence of prior acts of retaliation or harm by respondent against complainant or any other
person;
d. The existence of criminal convictions for crimes of violence by or the existence of any restraining
orders against respondent.
Conclusionary or speculative statements of harm or retaliation are insufficient to establish good cause.
2. Upon a request for confidentiality, the Chair and two Board members, chosen by the Chair on a rotating
basis, shall form an ad hoc subcommittee within two business days of being informed by the City Attorney’s
Office of a request for confidentiality and, after consideration of the request, determine if good cause exists
to withhold disclosure of the name. The Chair shall inform the complainant of its decision within five business
days.
3. If the decision is to deny the request for confidentiality, complainant shall have five business days to
withdraw their complaint. If complainant requests that the complaint be withdrawn, the entire complaint
shall be returned to complainant and their complaint shall not be disclosed. The complaint and complainant’s
name shall be not disclosed during this evaluation process.
4. Upon a finding of good cause by the ad hoc subcommittee formed under this section, the name of the
complainant shall be kept confidential unless and until a finding of probable cause is made. The complaint
shall also be redacted accordingly. (Ord. 3264 § 1, 2013).
Ch. 2.28 Board of Ethics | Chula Vista Municipal Code Page 2 of 2
The Chula Vista Municipal Code is current through Ordinance 3617, passed February 10, 2026.
Page 56 of 58
City of Chula Vista Board of Ethics
May 20, 2026 Agenda
2.28.110
The Board of Ethics will conduct a prima facie review (“prima facie review”) of the complaint. The purpose of prima
facie review is to determine if the complainant has made a prima facie showing that the complaint complies with
the requirements in CVMC 2.28.090(A) (Complaints – Form, referral to other enforcement agency, and request for
confidentiality), thereby establishing jurisdiction. A prima facie review may result in the following:
A. No Prima Facie Showing Made – Dismissal. After completing the prima facie review, the Board may dismiss the
complaint for any of the following reasons:
1. The complaint is not in writing or is not made under penalty of perjury;
2. The respondent is not a City official within the meaning of this chapter;
3. The complaint does not contain a full allegation of facts that would constitute a violation of the specific
prohibitions enumerated in this chapter;
4. The complaint restates other complaints containing essentially similar or identical allegations that have
already been disposed of, and the evidence presented does not warrant reopening of the previous case;
5. The allegations contained in the complaint are already under investigation by the Board of Ethics;
6. The complaint consists of speculation, opinion, frivolous contentions, or absurd accusations; or
7. The Board of Ethics determines other good cause requires dismissal. If the dismissal is for this reason,
the good cause must be set forth in the minutes of the preliminary review.
If the complaint is dismissed, the Board shall issue a letter to the complainant and respondent as soon as possible,
indicating the reason for the dismissal of the complaint. Such letter is not a conclusive finding and is not intended
to be evidence in any enforcement action initiated by another agency.
B. Prima Facie Showing Made – Further Action. If the Board determines that a prima facie showing has been made,
then the Board shall determine the appropriate course of action, including the following:
1. The Board may request additional information from complainant or the respondent. The Board shall
endeavor to complete this action within 45 days from the prima facie finding. If the information is not
received within the 45 days, such fact shall be reported to the Board. After this stage is complete, the matter
should be set for a probable cause hearing within 30 days.
2. The Board may create an ad hoc subcommittee comprised of one to three Board members to conduct
further investigation. The ad hoc subcommittee shall endeavor to complete its investigation within 90 days of
the prima facie finding. If the investigation is not completed within the 90 days, such fact shall be reported to
the Board. After this stage is complete the matter should be set for a probable cause hearing within 30 days.
Ch. 2.28 Board of Ethics | Chula Vista Municipal Code Page 1 of 2
The Chula Vista Municipal Code is current through Ordinance 3617, passed February 10, 2026.
Page 57 of 58
City of Chula Vista Board of Ethics
May 20, 2026 Agenda
The Chula Vista Municipal Code is current through Ordinance 3617, passed February 10, 2026.
Disclaimer: The City Clerk’s Office has the official version of the Chula Vista Municipal Code. Users should contact
the City Clerk’s office for ordinances passed subsequent to the ordinance cited above.
City Website: www.chulavistaca.gov
To be notified when additions, amendments, or revisions are made to the code, send your e-mail address to (be
sure to add "Chula Vista Municipal Code" in the subject line) cpc@generalcode.com.
Hosted by General Code.
3. The Board may hire an individual from a list of prequalified investigators to conduct an investigation.
This provision is subject to available funding. The investigator shall endeavor to complete the investigation
within 90 days of the prima facie finding. If the investigation is not completed within the 90 days, such fact
shall be reported to the Board. After this stage is complete the matter should be set for a probable cause
hearing within 30 days.
The Board of Ethics shall establish a written policy for the selection of prequalified investigators. In
determining qualifications, the Board of Ethics shall consider, but is not limited to, the following:
a. Professional licensing;
b. Experience in conducting investigations;
c. Area or areas of expertise required for the investigation;
d. Available support staff;
e. Reasonable costs;
f. The existence of conflicts of interest;
g. Proven ability to timely complete tasks.
4. The Board may set the matter for a probable cause hearing. The Board shall endeavor to set the
probable cause hearing within 45 days of the prima facie finding. (Ord. 3264 § 1, 2013).
Ch. 2.28 Board of Ethics | Chula Vista Municipal Code Page 2 of 2
The Chula Vista Municipal Code is current through Ordinance 3617, passed February 10, 2026.
Page 58 of 58
City of Chula Vista Board of Ethics
May 20, 2026 Agenda