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HomeMy WebLinkAboutResolution 2011-001RESOLUTION NO. 2011-001 RESOLUTION OF THE BOARD OF ETHICS OF THE CITY OF CHULA VISTA APPROVING COMPLAINT PROCESS GUIDELINES AND THAT THE SECRETARY OF THE BOARD OF ETHICS IS DIRECTED TO DELIVER THE INSTANT RESOLUTION AND ATTACHED COMPLAINT PROCESS GUIDELINES TO THE CITY CLERK IN ACCORDANCE WITH CHULA VISTA MUNICIPAL CODE SECTION 2.25.170 WHEREAS, the Board of Ethics is tasked with hearing complaints involving ethics violations delineated in Chapter 2.28 of the Chula Vista Municipal Code; and WHEREAS, the Board of Ethics has established certain past practices, not inconsistent with Chapter 2.28, in the handling of the aforementioned complaints, but those past practices have not been reduced into a written document; and WHEREAS, Chula Vista Municipal Code section 2.25.170 permits Boards to adopt rules, which are consistent with the City Charter, municipal code, and applicable state law, to govern the conduct of their affairs; and WHEREAS, Chula Vista Municipal Code section 2.28.100 specifically permits the Board of Ethics to Adopt "rules of procedure for the conduct of its business;" and WHEREAS, the Board of Ethics has formed an Ad Hoc Committee to make recommendations regarding revisions to Chapter 2.28 of the Municipal Code and, as such, it is intended that the attached Complaint Process Guidelines be temporary guidelines and that they should be reviewed after the aforementioned recommendations regarding revisions to Chapter 2.28 have been considered by the Chula Vista City Council; WHEREAS, the Board of Ethics desires to adopt the attached Complaint Process Guidelines and finds that they are consistent the City Charter, municipal code, and applicable state law, as required by Chula Vista Municipal Code section 2.25.170. NOW, THEREFORE, THE BOARD OF ETHICS OF THE CITY OF CHULA VISTA HEREBY DOES RESOLVE that the attached Complaint Process Guidelines are approved, as amended, and that the Secretary of the Board of Ethics is directed to deliver the instant resolution and attached Complaint Process Guidelines to the City Clerk in accordance with Chula Vista Municipal Code section 2.25.170. Resolution No. 2011-001 Page 2 Presented by: Simon Silva Deputy City Attorney Approved as to form by: - ---~ ~ . ~ en R. Googins Cit rney Resolution No. 2011-001 Page 3 PASSED, APPROVED, and ADOPTED by the Board of Ethics of the City of Chula Vista, California, thisl 8th day of May 2011 by the following vote: AYES: Board members: German, Jemison, Schilling, Glanz, Sotoa, and Starr NAYS: Board members: None ABSENT: Board members: Toothman ATTEST: Che 1 Ponds, Secretary to Board of Ethics STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) ~. _... ~ .~- e" Felicia Stafr, Chair I, Cheryl Ponds, Secretary to the Board of Ethics of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2011-001 was duly passed, approved, and adopted by the Board of Ethics at a regular meeting of the Board of Ethics for the City of Chula Vista held on the 18th day of May 2011. Executed this 15th, day of June 2011. r Che Ponds, Secretary to the Board of Ethics Resolution No. 2011-001 Page 4 BOARD OF ETHICS Complaint Process Guidelines 1. [Case number assignment] Upon Receipt of a complaint, the complaint shall be assigned a case number. The case number shall consist of the term "BOE," the date it was received, and a capital letter (which shall be added in alphabetical order if more than one complaint is received on the same date). For example for on complaint received on January 1, 201 1, the case number shall be "BOE 1-11-11 A." For two complaints on that same date, the case numbers shall be BOE 1-11-11A and BOE 1-11-11B. The case number shall be used in the public noticing of complaint. 2. [Notification of Subject of Complaint] The subject of the complaint shall be notified and provided a redacted copy of the complaint as soon as possible. The Copy shall be redacted pursuant to CVMC 2.28.150(A). The Chair shall be notified of the complaint. The complainant and subject of the complaint shall be provided notice anytime the complaint is calendared on the agenda for consideration. A copy of the redacted complaint shall be provided to the Board members with the agenda. The complaint shall be kept confidential by the Board members and shall not be discussed with anyone outside of the hearing. 3. [Prima Facie Review] A prima facie review of the complaint shall be set for the next regularly scheduled meeting. However, the Chair may also call a special meeting for such review. At the prima facie review, the Board shall determine if there is a prima facie showing that (1) the subject of the complaint is a person enumerated within section 2.28.020 and (2) the complaint complies with the requirements of Section 2.28.090(A). Section 2.28.090 requires: a. That the complaint be in writing and sworn under penalty of perjury; and b. That the complaint contain "a full allegation of facts which would constitute a violation of the code" [specific prohibitions listed in Section 2.28.090]; and c. That the complaint be timely submitted. The prima facie review is not meant to be a hearing. The review is generally limited to a review of the complaint and documents filed with the complaint. Both the complainant and subject of the complaint may comment at this stage of the proceeding, as permitted by the Brown Act. Staff may present a report on the complaint to assist in the determination of whether there is prima facie showing has been made. If there is no prima facie showing then the case may be dismissed. If there is a prima facie showing the case shall proceed to a probable cause hearing. 4. [Probable Cause Hearing.] If it is determined that a prima facie showing has been made, the next step is to determine if probable cause exists. The complainant may present evidence to support the existence of probable cause. The subject of the complaint may present evidence that probable cause exists. Both sides may present a closing statement as to the existence of Resolution No. 2011-001 Page 5 probable cause. The Board retains the discretion to control the conduct of the hearing. If probable cause exists then, the matter may continue to a hearing. 5. [Hearing] If it is determined that probable cause exists, then the Board may conduct a hearing about the complaint. At the hearing there must be a preponderance of evidence that a violation has occurred and five (5) members, by vote, must agree that a violation of the code has occurred. The complainant may present evidence to support of the complaint. The subject may present evidence in opposition to the complaint. If witnesses testify, both sides may cross-examine witnesses as permitted by the Board. Both sides may present a closing statement. The Board retains the discretion to control the conduct of the hearing. If a violation is determined to have occurred, then the Board shall discuss a recommended course of action for City Council. Both parties may comment on the proposed recommendation. 6. [Conclusion] The above listed guidelines are meant to be a guide to implement the requirements of Chapter 2.28. The Board retains the discretion to and may alter these guidelines on a case-by-case basis and as needed to meet the requirements of 2.28. If the Board alters the procedures set forth herein on a case-by-case basis, the Board is not required to change this document. In the event of a conflict between the guidelines and Chapter 2.28, chapter 2.28 shall govern. The guidelines are meant to be consistent with Chapter 2.28.