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Home My WebLink About1991/04/16 Item 19 CDUNCIL AGENDA STATEMENT Item i q ITEM TITLE: Meeting Date 4/16/91 Ordinance 2'153 - Amending sections 2.28.020, 2.28.040, and 2.28.050 of Chapter 2.28 relating to the Board of Ethics SUBMITTED BY: Board of Ethics (4/5ths Vote: Yes No X ) -- At the April 4, 1991 Board of Ethics meeting, the Board voted unanimously to make changes to various sections of Chapter 2.28. relating to the application of the Ethics Code's unfair and equal treatment section and specific prohibitions contained in the Unethical Conduct section. RECOMMENDATION: Place ordinance on first reading. BOARDS/CDMMISSIONS RECOMMENDATION: The Board of Ethics, at its April 4, 1991 meeting, voted unanimously to adopt the changes proposed here. DISCUSSION: The proposed change to Section 2.28.020 would clarify that the Code continues to apply to former City officials for a twelve-month period following termination of employment or office. The proposed change to Section 2.28.040 deletes reference to Charter Section 305 and extends the prohibition to ex-City officers. The proposed change to Section 2.28.050 clarifies that the prohibited conduct of ex-City officers is the appearance or communication for the purpose of influencing City conduct, and thus protects them from against unwittingly violating the Code. FISCAL IMPACT: N/A 8736a 1 q-l/,q~~ MINUTES OF A BOARD OF ETHICS MEETING CITY OF CHULA VISTA, CALIFORNIA April 4, 1991 City Attorney's Conference Room 6:00 p.m. ------------------------------------------------------------------ MEMBERS PRESENT: Harriet Acton, Donald Swanson, Jerry McNutt, Stephen Padilla, Leo Kelly MEMBER ABSENT AND EXCUSED: Rudolfo David, Janet Richter CITY STAFF PRESENT: Assistant City Attorney Ruth Fritsch 1. The minutes of the meeting of March 14, 1991 were approved unanimously. 2. MSUC (Swanson/padilla) to amend Sections 2.28.020 and 2.28.050(e) of the Chula Vista Municipal Code to read as follows: Sec. 2.28.020 Application of Ordinance. This Chapter shall apply only to members of the Chula vista City Council, ~/~~~jV/Afi~//t~~~itti~n~tt' t~~ City Manager, t~~ City Attorney, Afi~///t~~ City Clerk, board members and commissioners, as well as to ex-City officers who were subject to the Conflict of Interest Code. Sec. 2.28.050 (e) Specific Prohibitions. No ex-City officert/~~p/~~t~/tp~p~ntAt~~/!pt/t~twtt~t/ at~/~~~/fgv/~fi~/B~//fvgm/~tt~ttAN//V~V~~~~~V~q/Ant p~ttpnl/f0iqVV~VWg/t~~~t~Xw~tl/~/tp~p~ntAtipnl//VW/Ant ~Att~tt//~~fpt~//t~~t~//~nit//pf//t~~//~itt//~~pAtt~~nttl ~pAt~tl///pt///~Av.Y//~~///~~y///~t~///~tt~tt t~tppntt~tXitt~t'///i~nttt~nt'///An~///tniX~~nt~///~~ttn~ >>V~VV/~ti/t~twit~ for a period of one year after leaving office or employment, shall, for compensation, act as agent or attorney for, or otherwise represent, any other person by making any oral or written communication, before any City administrative office or agency, or officer or employee thereof, if the appearance or communication is made for the purpose of influencing administrative action, or influencing any action or proceeding involving the issuance, amendment, awarding, or revocation of a permit, license, grant, or contract, or the sale or purchase of goods or property. 1. q-2 Board of Ethics 4/4/91 Minutes 3. MSUC (Swanson/Padilla) to invite John Goss to the next Ethics Board meeting, either April 11, 1991 at 5:00 p.m. or April 18, 1991 at 5:00 p,m. 4. MSUC (Swanson/padilla) as amended by McNutt/Swanson to delete the words "Consistent with Charter Section 305" from Chula Vista Municipal Code Section 2.28.040 and add the words "subject to this Code" after the word "official", 5. MSUC (McNutt/swanson) to take the proposed ordinance changes to Council as soon as possible. 6. MSUC (Acton/Padilla) to continue dicussion of the Los Angeles Code of Ethics to the next meeting. 7, MSUC (Acton/padilla) to adjourn the meeting at 7:00 p.m. h1~r J Boar of Eth1cs ec etary 8729a 19-3 ORDINANCE NO. 2453 AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTIONS 2.28.020, 2.28.040, AND 2.28.050 OF CHAPTER 2.28 RELATING TO THE BOARD OF ETHICS The City Council of the City of Chula Vista does ordain as follows: SECTION I: That 2.28.050 of Chapter 2.28 of amended to read as follows: Sections 2.28.020, 2.28.040 and the Chula Vista Municipal Code are Sec. 2.28.020 Application of Ordinance. This Chapter shall apply only to members of the Chula Vista City Council, ~p~t~//mim~i(~//~if~//~v~~qW~wj ~~~ City Manager, t~~ City Attorney, ~n4///t~~ City Clerk, board members and commissioners, as well as to ex-City officers who were subject to the Conflict of Interest Code. Sec. 2.28.040 Fair and Equal Treatment. ~p~~i~~~~~///AtV~///~~////$~ttip~////r~I///M No official' subject to this Code, shall grant or make available to any person any consideration, treatment, advantage or favor beyond that which is the general practice to grant or make available to the public at large. Sec. 2.28.050 Unethical Conduct. 1. General Policy. One of the highest call ings is that of public service. with that service comes a requirement to conduct oneself in a manner above reproach, since the citizens of the community expect and deserve a high standard of conduct and performance. This Code of Ethics provides the following general guidelines and specific prohibitions to which City officials must conform in the pursuit of their assigned duties and responsibilities. a. All City officials should endeavor to fulfill their obligations to the citizens of Chula Vista, city management and fellow employees through respect and cooperation. They should str i ve to protect and enhance the image and reputation of the City, its elected and appointed officials, and its employees. All -1- .1.9-'t citizens conducting business with the City shall be treated with courtesy, efficiency and impartiality and none shall receive special advantage beyond that available to any others. Officials shall always be mindful of the public trust and confidence in the daily exercise of their assigned duties, striving to conserve public funds through diligent and judicious management. 2. Specific Prohibitions. City officials (including nonpaid commission, board and committee members) shall be considered to have committed unethical conduct if any of the following occur: a. Used one's position or title for personal gain but not found to be an act of illegality or conflict of interest by the District Attorney, Grand Jury or Fair Political Practices Commission. b. Knowingly divulge confidential information for personal gain or for the gain of associates in a manner disloyal to the City~ c. Knowingly make false statements about members of the City Councilor other City employees that tend to discredit or embarrass, those persons. d. Used or permitted the use of City time, personnel, supplies, equipment, identification cards/badges or facilities for unapproved non-City activities, except when available to the general public or provided for by administrative regulations. e. No ex-City officer,5/ Nrlri Nfdl=/ /QtMfEMrlqt,/Ei<Y IUd ~l=t~jtl=~lll~v~ll~tAiV//tpt//lqdEi//N~/llttp~ ~jtl=ttxt//tl=ptl=$l=ntln~/I~nt//pl=tipn'/llntX0~ln~ t~l=~iI=X~l=i'//Vrid/tpmp~fihAt!pfi/'//Yd/~/I~~ttl=ti ~l=tptl=/li~~i1//ddVif/ttV/~/t4tu//~l=p~tt~l=nti' ~p~t~i'/~/tp~~liilpni/NrI~/t~l=t/Af<V<Y/~ltl=tt tl=ippnil~lXltll=i'//IVddqifVqdifl//~//lntX0I=ntl= ~0an~/ MMN /p0YJXU/ NEirNWI= for a period of one year after leaving office or employment, shall, for compensation, act as agent or attorney for, or otherwise represent, any other person by making any oral or written communication, before any City administrative office or agency, or officer or employee thereof, if the appearance or communication is made for the purpose of influencing -2- 19-5" administrative action, or influencing any action or proceeding involving the issuance, amendment, awarding, or revocation of a permit, license, grant, or contract, or the sale or purchase of goods or property. f. 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. SECTION II: This ordinance shall take effect and be in full force on the thirtieth day after its adoption. Presented by Approved as to form by Bruce M. Boogaard, City Attorney Harriet Acton, Chairperson Board of Ethics 8735a -3- 1~-1c