Chapter 2.28
BOARD OF ETHICS*
Sections:
2.28.010 Establishment of code of ethics.
2.28.020 Application of chapter.
2.28.025 Responsibilities of public office.
2.28.030 Loyalty.
2.28.040 Fair and equal treatment.
2.28.050 Unethical conduct.
2.28.060 Advisory opinions.
2.28.070 Creation of the board of ethics.
2.28.080 Purpose.
2.28.090 Duties of the board.
2.28.100 Powers of the board.
2.28.110 Organization.
2.28.120 Meetings.
2.28.130 Order of business.
2.28.150 Conduct of hearing upon complaint.
* For provisions of Charter law concerning appointive boards and commissions, see city Charter §§ 600 – 606.
2.28.010 Establishment of code of ethics.
The respected operation of democratic government emphasizes that public officials be independent, impartial, and responsible to the people. The public judges its government by the way public officials conduct themselves in the posts to which they are elected or appointed. All public officials should conduct themselves in a manner that will tend to preserve public confidence in, and respect for, the government represented. Such confidence and respect can best be promoted if every official, whether paid or unpaid, and whether elected or appointed, will seek to carry out these goals.
The purpose of this code is to establish ethical standards of conduct by setting forth those acts or actions that are incompatible with the best interests of the city and by directing disclosure by such officials of private financial or other conflict of interests in matters affecting the city. Further, it is the purpose of this code to assist the aforementioned officials in the task of judging themselves, so as to enable them to properly carry out their responsibilities as trustees and fiduciaries of the public interest. (Ord. 2297 § 1, 1989; Ord. 1040 § 1, 1967; prior code § 1.48).
2.28.020 Application of chapter.
This chapter shall apply only to members of the Chula Vista city council, city manager, city attorney, city clerk, board members and commissioners, as well as to ex-city officers who were subject to the conflict of interest code. (Ord. 2453 § 1, 1991; Ord. 2297 § 1, 1989; Ord. 1040 § 1, 1967; prior code § 1.49).
2.28.025 Responsibilities of public office.
Public officials are agents of public purpose and hold office for the benefit of the public. They are bound to uphold the Constitution of the United States and the Constitution of this state and to carry out impartially the laws of the nation, state and municipality, and thus to foster respect for government. They are bound to observe in their official acts a high standard of morality and to discharge faithfully the duties of their office, recognizing that the public interest must be a primary concern. (Ord. 2297 § 1, 1989).
2.28.030 Loyalty.
Elected and appointive officials should adhere to the rules of work and performance established as the standards for their position by the appropriate authority. Officials should not exceed their authority or breach the law or ask others to do so. (Ord. 2297 § 1, 1989; Ord. 1040 § 1, 1967; prior code § 1.50).
2.28.040 Fair and equal treatment.
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. (Refer to civil service commission for the hiring rules.) (Ord. 2453 § 1, 1991; Ord. 2297 § 1, 1989; Ord. 1040 § 1, 1967; prior code § 1.51).
2.28.050 Unethical conduct.
A. General Policy. One of the highest callings 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:
1. 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 strive to protect and enhance the image and reputation of the city, its elected and appointed officials, and its employees. All 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.
B. 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:
1. 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.
2. Knowingly divulged confidential information for personal gain or for the gain of associates in a manner disloyal to the city.
3. Knowingly made false statements about members of the city council or other city employees that tend to discredit or embarrass those persons.
4. Used or permitted the use of city time, personnel, supplies, equipment, identification cards/ badges or facilities for unapproved noncity activities, except when available to the general public or provided for by administrative regulations.
5. No ex-city officer 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.
6. 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.
7. No member of the city council shall be eligible, for a period of one year after leaving office, for employment by, or be on the payroll of, or be a paid consultant or paid contractor to, the city, or to any entity controlled by the city or the city council (“controlled entities”), or to any entity which receives a majority of its funding from the city or of its controlled entities, except by the permission of the 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. (Refer to Civil Service Commission for the hiring rules.) (Ord. 2629 § 1, 1995; Ord. 2453 § 1, 1991; Ord. 2297 § 1, 1989; Ord. 1040 § 1, 1967; prior code § 1.51).
2.28.060 Advisory opinions.
When a councilmember or other official has doubt as to the applicability of a provision of this code to a particular situation, written inquiry should be made to the board of ethics for an advisory opinion. Said person should be guided by that opinion when given. The councilmembers or other officials shall have the opportunity to present their interpretation of the facts at issue and of the applicable provisions of the code before such advisory decision is made. (Ord. 2297 § 1, 1989).
2.28.070 Creation of the board of ethics.
A board of ethics shall be created and appointed in accordance with Section 600 of the city of Chula Vista Charter and Chapter 2.28 CVMC. (Ord. 2297 § 1, 1989).
2.28.080 Purpose.
It is the purpose of this board to advise the city council of the city of Chula Vista on all matters relating to potential unethical conduct and to make such necessary and appropriate recommendations to the city council for the implementation of the code of ethics and amendments thereto, which may become necessary from time to time. This board will serve as a hearing body on all such matters and shall render impartial and objective opinions and insure that those covered by this chapter are appropriately informed. (Ord. 2297 § 1, 1989).
2.28.090 Duties of the board.
It shall be the function of the board of ethics to implement the code of ethics adopted by the council for public officers and employees. The duties of the board shall be:
A. To receive or initiate complaints of violations of the code of ethics. All complaints shall be sworn under penalty of perjury and shall be in writing, containing full allegation of facts which would constitute a violation of the code. All alleged violations must be submitted within 60 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 board action, complaints concerning unethical patterns of behavior must be received by the board within 60 days of the most recent event comprising the pattern of behavior complained of, or within 60 days of when the last event should have been discovered with the exercise of reasonable diligence.
The board will, in its discretion, limit the pattern of behavior to those events the board feels are proximately related in time to be a part of the same pattern of behavior.
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, either on request or on its own initiative.
D. To propose revisions of the code to assure its continuing pertinence and effectiveness. The affirmative vote of five members of the board shall be necessary for it to find conduct to be unethical. (Ord. 2297 § 1, 1989).
2.28.100 Powers of the board.
The board of ethics is authorized to receive complaints, conduct investigations upon complaints or information received, hold hearings, swear witnesses, render advisory opinions and adopt rules of procedure for the conduct of its business. (Ord. 2297 § 1, 1989).
2.28.110 Organization.
A. The board shall be composed of seven members appointed by the city council for a term of four years, as prescribed by the provisions of the city Charter and the municipal code of the city of Chula Vista. Prior to exercising their authority to appoint a person to membership, the city council shall refer for recommendation the list and qualifications of applicants to the presiding judge of the South County Division of the San Diego Superior Court or his or her designee, who shall review the list of applicants and their qualifications, and who should select not less than five for the purpose of conducting in-person interviews and who shall conduct such interviews. If said judge or designee declines or fails to review such applicants, or conduct such interviews, or make such recommendations, then the council shall interview such applicants themselves personally, and may make an appointment jointly passed with four affirmative votes. No such person may be appointed as a member, or shall be entitled to retain their membership, if he or she, within the past 10 years prior to the date of appointment, has been convicted of a crime involving moral turpitude, or has been found to have committed a criminal violation of the Fair Political Practices Act.
B. The board shall elect from its membership a chair and a vice-chair. The term of the chair and vice-chair shall be for the period of one year, commencing on July 1st each year. The chair shall preside at all meetings. In the absence of the chair at any meeting, the vice-chair shall preside, and in the absence of both chair and vice-chair, the board members present shall elect a chair pro tempore for said meeting.
C. The city attorney or an appointed representative shall act as secretary to the board. The secretary shall cause notice of the meetings of the board to be kept and distributed. The secretary shall also give appropriate and required written notice of all meetings to all members and persons having business before the board. (Ord. 2778 § 1, 1999; Ord. 2630 § 1, 1995; Ord. 2297 § 1, 1989).
2.28.120 Meetings.
The board of ethics will hold meetings at the call of the chair or the vice-chair or a majority of the members of the board. The board shall hold at least one meeting per year. (Ord. 2297 § 1, 1989).
2.28.130 Order of business.
The following shall be the order of business for all meetings:
A. Roll call of members.
B. Reading of minutes of previous meeting.
C. Amendment or approval of minutes of previous meeting.
D. Consideration of matters continued from previous meeting.
E. Consideration of new complaints or requests.
F. Consideration of proposed or existing state legislation in the field of ethics and amendments to the code of ethics of the city of Chula Vista.
G. Other business.
H. Oral communication. (Ord. 2297 § 1, 1989).
2.28.150 Conduct of hearing upon complaint.
A. Upon receipt of a complaint or information as prescribed by the code of ethics, the board shall determine by a majority vote if there is probable cause to believe a violation has occurred. The board shall notify the officer alleged to have violated the code of ethics of the charges contained in the complaint or information immediately but shall not reveal the identity of the complainant until and unless it is determined that probable cause for such complaint exists. The officer shall be entitled to submit a statement to the board of ethics for consideration or may appear personally at such time as the issue of probable cause is to be discussed by the board. If no probable cause is determined, the board shall dismiss the matter summarily and notify interested parties in writing. If probable cause is determined, the board shall take further investigatory and procedural steps necessary to resolve the matter.
B. If, after appropriate investigation or hearing, the board shall find that a conflict of interest or a breach of ethics, as prohibited by the code of ethics, did or continues to exist, the board shall forward its findings to the city council to correct or rectify the condition that exists. Said notification shall be accompanied by a statement of facts and findings and recommendations. (Ord. 2297 § 1, 1989).