HomeMy WebLinkAbout2009/06/23 Item 4
CITY COUNCIL
AGENDA STATEMENT
::?;}llf:.. CITY OF
~ - (HULA VISTA
JUNE 23, 2009, ItemL
ITEM TITLE:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHOLA VISTA ESTABLISHING A COUNCIL POLICY Ac"\JD
PROCEDURES FOR'FRAUD IN THE WORKPLACE
DIRECTOR OF F~l NCE/TREASURERv~
CITY MANAGE
ASSISTANT CITY, IANAGER 71
SUBMITTED BY:
REVIEWED BY:
4/STHS VOTE: YES D NO ~
SUiV[MARY
The City of Chula Vista is committed to the proper use of public funds, safeguarding of public
assets entrusted to the City, conducting its business by adhering to the highest ethical standards and
complying with all applicable laws and regulations. It is therefore the policy of the City Council to
establish controls that promote ethical conduct, provide for the safeguarding of assets, and help
deter and detect fraud and other irregularities. This policy sets specific guidelines regarding actions
that must be followed for the investigation of suspected fraud and other irregularities.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for compliance with
the California Environmental Quality Act (CEQA) and has determined that this policy is not a
"Project" as defined under Section 15378 (b)(4) of the State CEQA Guidelines; therefore,
pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to
CEQA. Thus, no environmental review is necessary.
RECOiVli\'fEi'illA TION
Council approves the resolution.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
Written policies and procedures aimed at preventing fraud are essential to an effective internal
control system. The attached policy follows standards established by other agencies, In
summary, the policy's purpose is to establish policy and procedures for clarifying acts that are
considered to be fraudulent, describing the steps to be taken when fraud or other related
4-1
JUNE 23, 2009 Item~
Page 2 of3
dishonest activities are suspected, and providing procedures to follow in accounting for missing
funds, restitution and recoveries.
HigWights of the proposed policy include the following:
. The purpose of the policy is to protect the City's assets against the risk of loss or misuse.
Accordingly, it is the policy of the City of Chula Vista to identify and promptly
investigate any possibility of fraudulent or related dishonest activities against the City
and, when appropriate, to pursue legal remedies available under the law.
. It is the City's intent to reasonably and objectively investigate any alleged or suspected
acts of fraud, misappropriation, or other related dishonest activities against the City.
. Each department of the City is responsible for instituting and maintaining a system of
internal control to provide reasonable assurance for the prevention and detection of fraud,
misappropriations, and other irregularities. Management should be familiar ",ith the
types of improprieties that might occur within their area of respol).sibility and be alert for
any indications of such conduct.
. Upon conclusion of the investigation, the results will be reported to the City Manager and
City Attorney.
. The City Manager or City Attorney, following review of investigation results, may take
appropriate action regarding employee misconduct. Appropriate action can include, but
is not limited to, disciplinary action up to and including termination, and referral of the
case to another agency for possible prosecution or further investigation.
. The City will pursue every reasonable effort, including court ordered restitution, to obtain
recovery of City losses from the offender, or other appropriate sources.
This policy applies to employees of the City. In this context, "Employee" refers to any
individual or group of individuals who receive compensation, either full- or part-time, from the
City of Chula Vista. The term also includes any volunteer who provides services to the City
through an official arrangement or contract with the City, members of City organizations
including City Council Members, Planning Commissioners and other City boards, commissions
and committees, and City contractors, vendors and consultants.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site
specific and consequently the 500 foot rule found in California Code of Regulations section
18704.2( a)( I) is not applicable to this decision.
CURRENT YEAR FISCAL IMP ACT
This action should have no impact to the General Fund.
ONGOING FISCAL IiVIPACT
There should be no future impacts to the General Fund.
4-2
JUNE 23, 2009 ItemL
Page 3 of3
ATTACHMENTS
A. City Council Policy "Fraud in the Workplace"
Prepared by: Phillip Davis, Assistant Director, Finance Dept.
4-3
SUBJECT: Fraud in the Workplace
COUNCIL POLICY
CITY OF CHULA VISTA
POLICY
NT.JlVlliER
EFFECTIVE
DATE
056/t23/2009
PAGE
10f9
ADOPTED BY: (Resolution No.)
A1"IEi'I"DED BY: Resolution No. (date of resolution)
I DATED: MayJJuu: +23, 2009
PHRPOSF ANn SCOPF,
To-hi, Policy j" intennen to establish policy and procedures for clarifying acts that are I
considered to be fraudulent, describing the steps to be taken when fraud or other related
dishonest activities are suspected, and providing procedures to follow in accounting for
missing funds, restitution and recoveries.
(;VNFRAT
A. The City of Chula Vista is committed to protecting its assets against the risk of loss or
misuse. Accordingly, it is the policy of the City of Chula Vista to identify and
promptly investigate any el1e~en or ""'rectenj-Ju,,;:";];ly uffraudulent or related I
dishonest activities against the City and, when appropriate, to pursue legal remedies
available under the law.
B. DEFINITIONS
1. .Eraud - Fraud and other similar irregularities include, but are not limited to:
a. Claim for reimbursement of expenses that are not job-related or
authorized by the current Memorandum of Understanding.
b. Forgery or unauthorized alteration of documents (checks, promissory
notes, time sheets, independent contractor agreements, purchase orders,
budgets, etc.).
c. Misappropriation of City assets (funds, securities, supplies, furniture,
equipment, etc.).
d. Improprieties in the handling or reporting of money transactions.
e. Authorizing or receiving payment for goods not received or services not
performed.
f. Computer-related activity involving unauthorized alteration,
destruction, forgery, or manipulation of data or misappropriation of City-
owned software.
4-4
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Fraud in the Workplace POLICY EFFECTIVE
NUiVlliER DATE PAGE
056/t23/2009 20f9
ADOPTED BY: (Resolution No.) I DATED: MayJw1.l: t23., 2009
Al"IENDED BY: Resolution No. (date ofresolution)
cr Metprie' or intpntione' misrepresentation of information on documents.
00'
h. Any apparent violation of Federal, State, or Local laws related to
dishonest activities or fraud.
1. Seeking or accepting anything of material value from those doing
business with the City including vendors, consultants, contractors,
lessees, applicants, and grantees. Materiality is determined by the
City's Conflict of Interest Code (C.V.M.C. Chapter 2.02), which
incorporates the Fair Political Practices Commission's regulations.
2. Fmploypp In this context, ~employee:: refers to any individual or group of
individuals who receive compensation, either full- or part-time, from the
City of Chula Vista. The term also includes any volunteer who provides
services to the City through an official arrangement or ~ontre~t with the
City,-ura mpm hp", of City organizations including City Council
Members, Planning Commissioners and Ul~lU:'''l' uf other City boards,
rnmml<:;c;;nnc; ::Inri rnmmittf>~" !=lnrl City contr:-letnT<:;; v~nrl()rc; :-lnn
C()n"11lt~nt".
" Menecrpment - In this context, ::Mmanagemenc refers to any administrator,
~.
manager, director, supervisor, or other individual who manages or
supervises funds or other resources, including human resources,..illl
hehe If of thp rity.
4. T nvp.<:;ti etltor In this context, ::Investigator:: refers to any person or persons
assigned by the City Manager or City Attorney to investigate any fraud
or similar activity.
5. Fxteme 1 A lIc1itor - In this context, :.:External Auditor:: refers to independent audit
professionals who perform annual audits of the City's financial
statements.
C. It is the City's intent to rpe,onehly enn ohjp~tively fuHy-investigate any ellpgerl or
suspected acts of Efraud, misappropriation, or other ,;1ll;1<1l ;ll~I5\.lI<1l;ly,pletprl
rli"J,nnp.st }lctlvitif><:; ::1e}llnst tne rity. .Ail VLjl;;.....t~yl;,. a,u,J ~lJ.1JaJ.t~a:l ~lln...;)t~odt~vu ""al ~c;
\,..vllJu.....kJ l....oQJ.Jk~;:, u[ Lll...... pv;:,~l~uu., t~Llc;, ku.::;Lli V[ ;)1;;1 Y~I,..'-' Vi H..laL~uH;::oll~p YV~tl., Ull;;
r:l, "f ^'" "ml, ~1." ",;"1.11". '" 1......,,"c. ;",,,1,,..1;,,.,, ]"..".""11".,,,1.;...1 "f"".1. .
4-5
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Fraud in the Workplace POLICY EFFECTIVE
NUMBER DATE PAGE
056/+23/2009 30f9 I
ADOPTED BY: (Resolution No.) T DATED: MayJwu: t23., 2009 I
A1'YIENDED BY: Resolution No. (date of resolution)
~u.... '"';)t~~a.t~vu. I
D. Each department of the City is responsible for instituting and maintaining a system of
internal control to provide reasonable assurance for the prevention and detection of I
Hraud, misappropriations, and other irregularities. Management should be familiar
with the types of improprieties that might occur within their area of responsibility and
be alert for any indications of such conduct.
E. The Investigator, in conjunction with the City Attorney "no HlIm"n Reso1!rces I
Director, has the primary responsibility for the investigation of all activity as defined in
this policy.
F. Throughout the investigation, the Investigator will inform the City Manager "no C'ity
A ttomey of pertinent investigative fIndings.
.G.... \Vll~1111".,l-'VlL~l1o a.d::. vI ,:)u.::lYl".,l".,kJ [lclUJ Vi vllll".,l ~lH",.:;ulill~l~I".,;), I;..UIJ:-1lvyc;c;;::. wal LI;;
.::;,lu.J.lkJ wl~;)tk-Lluwl;l }llvkI",L~Vll vvlll;;u a....l~..l1e ~H cll..\.,vlJa.1H..,C; w~tll11~;)
yvE\"y. '\\111;..11 ~llfvuw....J vI a. ;)u;:')1Jcvlc;J ~lHl-IlV1-'l~l.,..lJ' Lll".,~tli'-'l lLc C~tJ HUt a.UJ
J!Cl:::'Vll ad;u.::, uu Ldwlf vftli,,", C;ly ;)lw.ll.
LD;;:'lll;::'::' Vi tlu,-aku Lv J;:::'Ul;:);:) tILl.. I..-lll}Jluyl;..l;..,
2...D;;:,\".;pEUI;;, ;:,u::'fJ,-uJ, Vi tlul;;aku tv J;;:,\,.;pEul.. Vi ;:'U;)1-''C-llJ tLI;; l;:;lUl-I1V)C;l;;,
lIul}Jv::,I.. au..v }ll;;,ualLy U!-'UU tLI"., 1".,1u}'lvy....l,., Vi
4'-1 TuL;Ul;Ja.k Vi l"..Uc;H..c; tL\,., \"'luplU}l;;l;;,
, ,. !. e I I. I ' l . .1I I. d. . r t d.! d.
.., lV alJ.Ull;:' Vi l lC '.'1 U;:,ll;;-U VW\,.,J, pJ.ul.;,,\"'lJ.vu ,",1. J.\"';:'U l Hi l;:'\,.,J.P Ui\;" U}I vau l1.J.I,.. U Hi,::,
J~;:'l1J.i~~al,
ft-n Upon conclusion of the investigation, the results will be reported to the City Manager
ora.nrLCity Attorney.
4-6 .
COUNCIL POLICY
CITY OF CH1JLA VISTA
SUBJECT: Fraud in the Workplace POLICY EFFECTIVE
~lJMBER DATE PAGE
056/t23/2009 40f9
ADOPTED BY: (Resolution No.) I DATED: MayJun.e 123., 2009
AiVIE1'iDED BY: Resolution No. (date ofresolution)
H-j The City Manager or City Attorney, following review of investigation results, ~
take appropriate action regarding employee misconduct. Arpr()rri~tp. ::lc.t;nn r.::In
inc.lllnf> hllt is nntllmite-(1 to rJBisciplinary action. carrllp tn enrJ includinge
termination, and referral of the case to ennth~r ef:~ncy [1,,,, Dl,l,1d Allvl11~Y" O[fl~~ for
possible prosecution or filrth~r inv~st;getinn.
t-! The City will pursue every reasonable effort, including court ordered restitution, to
obtain recovery of City losses from the offender, or other appropriate sources.
PROCF.nTTRFS
A. Mayor, City Council and Commissioner Responsibilities
I. If the Mayor, a City Council member, or a Commissioner or nther legisletive
hnrJy memh~r ("M~mh~rs") has reason to suspect that a Efraud has occurred, he
or she shall immediately contact the City Manager or City Attorney.
2. MTIle rvla.)'ul, C~l} cuuw.,a luerobel, Vl CUll11U~';)';)~UU~l shall not attempt to
investigate the suspected Efraud orenrJ shn1l1rJ nnt discuss the matter with
anyone other than the City Manager or City Attorney.
3. A lIe-o::lt;cm" ::Inn invp"tio:::ttinn" nfFr::mn ::liP cnnnnpnti:::tl m:::tttf'i<::: Memhe-T"
~ ~
sn:::l Jl trf'91t thf'm ::IS O;;:llc:n Tf:::l Mf'mhf'T;';; r,nnf:::lr.tp,n hy fnp. mp'c11:::l or j" ntnprwisf>
qllf'sticmen :::lhC)11t:::l Fr:::llln :::lllf>E:::lt;nT1 or invp"tie:::ltinn the Memh~r shn1l1rJ
c'nnt?fct TL.1w aUl;;e,'CJ [!cl.uJ VI auJ~L ~l1v"".;)t~bat~vu .;)lla.ll.LluL L'C J~';)IwU.;),;)C;J w~lll tIt\",
111",J;" :'y <tilY 1'~1>Vl1 ull,~, U,<ti, the City Nlanager andor City Attorney pnor tn
nisr.lls>.\lne tnp. mtltt~r , VI at tL....~l J~l..d~Ull.
B. Management Responsibilities
I. Management is responsible for being alert to, and reporting Eraudfratn:Itrl or
related dishonest activities in their areas ofresponsibility.
2. Each manager should be familiar with the types of improprieties that might
occur in his or her area and be alert for any indication that FrellrJ or nther
improper activity, misappropriation, or dishonest activity is or was in existence
in his or her area.
, Whf>:n ~n ;, III III II " 0' ..... ,j; v; I v Fr~llrl i" nf'.tpr.tf':n nr ,,11,nP:C'.tf':n Mm:::ln::lO"P:mf'.nt
,
,
4-7
COUNCIL POLICY
CITY OF CHULA VlSTA
SUBJECT: Fraud in the Workplace POLICY EFFECTIVE
NUMBER DATE PAGE
056/+23/2009 50f9 I
ADOPTED BY: (Resolution No.) I DATED: May.li.m.e t23, 2009 I
AMENDED BY: Resolution No. (date of resolution)
should J....klll1~l1~ whetl!'--l aU "-UUt VI lu~;)tak-,.." l1U:::' v........uu..:J VI ~f tll~lC lUa.} L~
J~;)Luu....;)t VI fHlUJukllL a.....t~ v ~lJ'
4. If UtUUUbClucul Jdl..llU~l1~;) a. .::.u.;)!-'(.;.,....kJ a.....l~v~Ly llla} ~J.lvulvc.. [!clUj Vl1da.kJ
J~.;)Luw...;)L ad~ v ~L)', tit!;;] ..,llvulJ \",uu.ta.....t tl.l'"'~l ~llllllcJ~atc; :::'Up'-l v ;.:::oVl ;mmf'rli~tf>]Y
nntify tnf> np.r~rtmp.nt nlrec.tnT,
5. Department Directors should promptly inform the City Manager or City Attorney. I
6. Management should not attempt to conduct individual investigations, interviews, or
interrogations. However, Mmanagement is responsible for taking appropriate I
corrective actions to ensure adequate controls exist to prevent reoccurrence of
improper actions.
7. Management should support the City's responsibilities and cooperate fully with the
Investigator, other involved departments, and law enforcement agencies in the
detection, reporting, and investigation of criminal acts, including the prosecution of
offenders.
8. Management must give full and unrestricted access to all necessary records and
personnel. All City furniture and contents, including desks and computers, are
open to inspection at any time. There is no assumption of privacy.
9. In dealing with suspected dishonest or fraudulent activities, great care must be I
taken. Therefore, Mmanagement should llil1avv;J tl,~ l~llvwilllS'
a. Meke itncorrect accusations. I
b. Alerting suspected individuals that an investigation is underway. I
c. Treating employees unfairly. I
d. Makeing statements that could lead to claims of false I
accusations or other offenses.
I 10. In handling dishonest or fraudulent activities, Mmanagement has the II
resnonsibilitv to:
4-8
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Fraud in the Workplace POLICY EFFECTIVE
N~mER DATE PAGE
056/+23/2009 60f9
ADOPTED BY: (Resolution No.) I DATED: May.lD.n.f t23., 2009
AiVlENDED BY: Resolution No. (date ofresolution)
a. Not m1\tfake 1l\Tcontact (unless requested hy th" rity Meneg"r
rity Attom"y or Tnv"<ti~etor) with the suspected individual to
determine facts or demand restitution. Under no circumstances
should there be any reference to "what you did."; "the crime.";
"the fraud.."; "the misappropriation."; etc.
b. Nnt cll"~ll"~A..vu~J J~~,-,u;:);)~u.!:; the case, facts, suspicions, or
allegations ",ith anyone iMirl" or outside the City, unless
specifically directed to do so by the City Attorney rrr th" rity
M::1n~af"r or nf'r.;:lonpf' or~" rf"CJ.l1irf'o hy the Tnvf>,tieMnT or l::tw
~ :....
f':nfnrC'pmp.nt pf'rr.;:nnnf'l.
c. Avv~J J~;:'l",.U;:'~~l1~ til"" '-'a.;:,~ YV~tll allYUu\;; ~ll;:)~J~ Ull;; C~ly UtIl""! lLaJ..1
,-,ulplv)l...~;::. vvl1v La.v\;.; a m.,l".J tv lulVW ::>Udl c;Q til\". C;ly tvfcular:,l;;i,
LlV\;;.)l~ba.tv.l, Vi C;ly AltUl11~'y Vi la.w l;,U[U1I...\;;UiI;;UL !1l;;;l;)Vll11\..J.
J. Direct all inquiries from the suspected individual, or his or her
representative, to the City Manager or City Attorney. All
inquiries by an attorney of the suspected individual should be
directed to the City Attorney. All inquiries from the media
should be directed to the City Manager or City Attorney.
<-. d.. Take appropriate corrective and disciplinary action, up to and
including dismissal, after consulting '.'iith the rC"vH.lld
Al1alpIDir"~tor ofHllmen R,,<o1lT~"S, in conformance '.'iith the
City's Personnel Policies and Procedures or the appropriate
Memorandum of Understanding.
C. Employee Responsibilities
I. A suspected Efraudulent incident or practice observed by, or made
known to, an employee must be reported promptly to the employee's
supervisor for reporting to the proper Mmanagement official, or th"
rity Mi-m~~f'r or C:ity Attnmf'Y.
2. When the employee believes the supervisor may be involved in the
Fr~lll(hllpnt; 11..-""", "" ;...,1.--. :::l~tlv;tv rhp f".mnlnvpp: ,n:::tll m:::tkp. fhp. rp.nnrt
4-9
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Fraud in the Workplace POLICY EFFECTIVE
NUMBER DATE PAGE
056/t 23/2009 70f9 I
ADOPTED BY: (Resolution No.) I DATED: May~t23,2009 I
Ai\fEi'il)ED BY: Resolution No. (date of resolution)
directly to the next higher level of management, the City Manager, or
the City Attorney.
, The reporting employees shall refrain from further investigation of the
).
incident, confrontation with the alleged violator, or further discussion of
the incident with anyone, unless requested by the City Manager,
Investigator, City Attorney or law enforcement personnel.
D. Investigator Responsibilities
I. Upon assignment by the City Manager or City Attorney, the
Investigator will promptly investigate the ""pt'crt'eJ Ffraud.
2. TTpnn r.nnr.lll<;:;()n C'lfthf' invf':sti~;lt;nn_ thf' Tnvf'stl~Rtnr sh~l1 inform the
City Attnme:y nfthf' TPSlllt" nfthf' lnvf'st;e~ti()n Tht' (,ity A ftomt'y
sh:::dl np.tp.rt11inp. thf' ::'Irtlon nf'rf'ss::lry in rf"spnnsf" to the: invf'sti~Minn
rf'sTllts, \vhirn m:::lY inrllJ(lf' rnnt::'lrtine III a.l1l",~lI.....uul,:,taU\,..~;:) wIl!;'!\;" lLc;l'C
Cl..l-'.l-'I;;Cll;) Lv Lv H.a;:,vllaLlc t;lVUUJ,:, [Vt ;:)U;:)}JC;d~l1b llwL a [la.U.J Ihl;:) ta.k.c;u
llla.vl"" L111..> Illy~;:)l~ga.tvl, ~lll,...Vl1;:)ulla.l;vu \iV~1111L.. C;t)' AttVllJ.\..'y' w~ll
~U1!l"d the Chula Vista Police Department or otht'r lew t'nforct'mt'nt
e2"ncy.
, The Investigator shall be available and receptive to receiving relevant,
).
confidential information to the extent allowed by law.
4. If evidence is uncovered showing possible dishonest or Efraudulent activities,
the Investigator will proceed as follows:
a. Discuss the findings with 1l1CUlc1::;I.;.,Ull;"uL ClUj the ('it;' Nf;.1n;.1~f'r andCi.t}<:
AttomAY f)~.I!a.!Lu!cat D~!I.,dv!. The City Monezt'r and (,ity i-\ ftomey shell
rlf'tf'ITT11nf' tnf' ~rrrnrrlMP Rc.tlcm to he. t::lkpn ::lnn snRll mf'f"t \.vitn
Of'p::lrtmf'nt DirP'f'tnrs. ::is npcPss::lry. rf'e::lrr1in~ n;s(';plin::lry Rcf;nn to ne
t::lk"pn ifeny
'u.AJv~;.'lv U!a.Ha.':;C1Hcut, ~ftllc .....a..:>lv ~Hvvlvi;;':> .:>taff !UlvU1Llvl.:>, Lv lU.....lvL .....~U! Ll!lv C~ly
~vla.ua..:;lv! (V! L~';:'111lvl JI..';:'~o.1!a.llvJ !\:;p!c;.'l~uLa.L~vl..) tv JdVUl~Hlv ~f J~':>I..~pl~ua.lY
GH....t~VU.:> :=,llvulJ 'u~ tak'lJ..
" A,L;"c, 11", C;," All"".." ; r 11" ............. ;",,,1,,,1\,,, (';1, M^,,^v, , ,I" ,\"I.."";,,r
4-10
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Fraud in the Workplace POLICY EFFECTIVE
NUMBER DATE PAGE
056/t23/2009 80f9
ADOPTED BY: (Resolution No.) I DATED: MayJun.e t23, 2009
AMENDED BY: Resolution No. (date of resolution)
\I\1l1aL a.d~vu.;) ,:,lluulJ Ll;; La:k.c:u.
rl-h roorrlin;::!tr> with fhf' rity Attnmf'Y ::lnn Fin~mr.p. Oirpc:tnr rpe~rrline
rReporting inform"tion to the External Auditor oud, ad;v;t;~o ;n order to
assess the effect uf tl,~ ;ll~~al ad; v ~tj on the City's financial statements.
t';(': Coordinate with the City's Risk Management Division in r.()n<;;lllt~ti()n with
the City Attorney regarding notification to insurers and filing of insurance
claims.
f-rl Take immediate action, in consultation with the City Attorney "nrl the
f)ire~tor ofTnformetion Te~hnology Servi~e', to prevent the theft,
alteration, or destruction of evidentiary records. Such action shall include,
but is not limited to:
1) Remove the records and place them in a secure location, or
limiting access to the location where the records currently exist;c
2) Prevent the individual suspected of committing the Efraud from
having access to the records~c
1) Remnvp ~nrlln\.k-lIr tnf" cnmpl1tf'T :.:Inn n}"trrl rlriVp. of;;Jny
f'mplnyf':f':s sllspf':df'n of Fr::mrhdp.nt :::Ic:tivltyo
41 rhBnef' thf' nf'twnrk --mit4 f'-m:::ll1 :::Inrl vn;rpm:::lil p:-l"",wnrrl,, of :::Iny
f'rnplnyf'f"" SllSpPC':tf't1 nfFnmnlllf'nt .qr.tivlty: :::Inn
") T:.:Jkf' :::111 ntnPT stf'p" nf':r.f''''':-lry to rrf>vpnt ;::)('(,;f'<:::" hy :::Iny
pmplnyf'f's Sl1Spf'r.tf'rl nfFr::mn111f'nt ;:!C'tlvit;r tn' ('it)' nnl:llmpnts,
thf' rity rnmplltf"T nf'twnrk the employee,' City e-m"il "nrl "11
nthf"T City rf>C':oro"
5. In consultation with the City Attorney and the Chula Vista Police Department, the
Investigator may disclose particulars of the investigation with potential witnesses if
such disclosure would further the investigation.
,
4-11
COUNCIL POLICY
CITY OF CHVLA VISTA
SUBJECT: Fraud in the Workplace POLICY EFFECTIVE
NlTMBER DATE PAGE
056/t23/2009 90f9 I
ADOPTED BY: (Resolution No.) I DATED: May.fu.n.c t2.1, 2009 I
AMENDED BY: Resolution No. (date ofresolution)
6:-If the Investigator is contacted by the media regarding an alleged fraud or audit I
investigation, the Investigator will consult with the City Manager and the City
Attorney, ,., applupl;alc, before responding to a media request for information or
interview.
I.At tit", \.uwJu.;:,~uu vf llil..- ~uv\,..;:,t~oaL~Ulll tll~ Illvc.;:,l~::;a.lul vv ~ll JU\,.,Ull1l;.ul tLI;" ll;,,'::'Ult:, ~u a.
\"'Ull.GJl;"uL~a.l U,l\,..ulvLa.uJuul H."YVILLv tLI"., C~ly [vIa-uabel illlJJ'Ul tILl.." C~lJ AtLulllC;Y, a~
a.!-'1-'lUlll~a.k. IfLli\;" lC,tlU1L \"'uw.JuJc:, tlla.t Un.. a.llceal~uu:') CUI.. fVWIJCJ, the lC:}'Vll \IV~ll
LI.. [Vi "''\ImJI."J Lv lLI.. Cllu.la. "\l~:')la. rul~l,.,1;., Dc;PaJ.lul\...,ul.
B::6....Uulc;):') l",;A\..I..-'pl~uHal "'~l\"'wu:')La.J.l\"'\.:,) 'CA~~l, a pel;)Ull UUJ\,..l ~llvc;:,l~e.a.l~Vll [Vi [lclUJ~:') Lv
L'C e.~Vl...ll Hut~\..l;;; ~ll V'V1~L~llb v[ \"'');:'l..lll~a.l1JaJ.L~l,.,ula.J.;) v[tLc alkoa.L~Ull:,) [ulluw~uo tILl;,;
.....vU\Ju:')~uu v[ LIt\.. ~UVI.,,;:,t~Oa.l;Ull. V,,11CIC llvt~l,.,1;; ~::. ':;~V\""u, LItl., tJCi::'VU a.e,a~ll::.t WliUill
a.:lke/~l.t~Vll;) ill!;; L!;;~110 llla,J~ llla.y ;)u~l1i~L a vvl~Lklll.,^vlallaL~ull tu LIil;" 1iVI;,,;)L~oatul uu
laki t1iilli ;)l...Vl...ll l...akuJai Jay;:) afL\;"l llutil...c~;:) iCI.,c;ivl;;J.
tiThe Investigator will be required to make recommendations to the appropriate I
department for assistance in the prevention of future similar occurrences.
:l:ft:8... Upon completion of the investigation, including all legal and personnel I
actions, all records, documents, and other evidentiary material, obtained from the
department under investigation will be returned by the Investigator to that
department.
1. AUTHORITY
By authority of the City Manager and the City Attorney.
4-12
RESOLUTION NO. 2009-
RESOLUTION OF THE CITY COliNCIL OF THE CITY OF
CHULA VISTA ESTABLISHING A COUNCIL POLICY MID
PROCEDlJRES FOR FRAUD IN THE WORKPLACE
WHEREAS, the City of Chula Vista is committed to the proper use of public funds,
safeguarding of public assets entrusted to the City, conducting its business by adhering to the
highest ethical standards and complying with all applicable laws and regulations; and
WHEREAS, it is therefore the policy of the City Council to establish controls that
promote ethical conduct, provide for the safeguarding of assets, and help deter and detect fraud
and other irregularities; and
\Vl-lEREAS, this policy sets specific guidelines regarding actions to be followed for the
investigation of suspected fraud and other irregularities; and
WHEREAS, written policies and procedures aimed at preventing fraud are essential to an
effecti ve internal control system; and
WHEREAS, the policy's purpose is to establish a policy and procedures for clarifying
acts that are considered to be fraudulent, describing the steps to be taken when fraud or other
related dishonest activities are suspected, and providing procedures to follow in accounting for
missing funds, restitution and recoveries; and
\V1-lEREAS, the purpose of the policy is to protect the City's assets against the risk of
loss or misuse; and . .
WHEREAS, It IS the policy of the City of Chula Vista to identify and promptly
investigate any possibility of fraudulent or related dishonest activities against the City and, when
appropriate, to pursue legal remedies available under the law; and
\Vl-lEREAS, it is the City's intent to investigate any suspected acts of fraud,
misappropriation, or other similar irregularity; and
WHEREAS, each department of the City is responsible for instituting and maintaining
system of internal control to provide reasonable assurance for the prevention and detection of
fraud, misappropriations, and other irregularities; and
WHEREAS, management should be familiar with the types of improprieties that might
occur within their area of responsibility and be alert for any indication of such conduct; and
WHEREAS, upon conclusion of the investigation, the results will be reported to the City
manager or City Attorney; and
WHEREAS, the City Manager, or City Attorney, following review of investigation
results, will take appropriate action regarding employee misconduct; and
4-13
Resolution No. 2009-
Page 2
WHEREAS, disciplinary action can include termination, and referral of the case to the
District Attorney's Office for possible prosecution; and
WHEREAS, the City will pursue every reasonable effort, including court ordered
restitution, to obtain recovery of City losses from the offender, or other appropriate sources; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby establish a council policy and procedures for fraud in the workplace.
Presented by
Approved as to form by
Maria Kachadoorian
Director of Finance
Z{"~
Ban C. Miesfeld
City Attorney
4-14