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City of Chula Vista Conflict of Interest Code

The Mayor, City Councilmembers and City Attorney are elected officers identified in Government Code Section 87200 and file statements of economic interests with the City Clerk's office. Copies of the statements of economic interests filed by the above elected officers may be obtained by visiting the offices of the Fair Political Practices Commission (FPPC) or the City Clerk. The physical address of the FPPC is 428 J Street, Suite 620, Sacramento, California 95814. The physical address of the City Clerk's office is 276 Fourth Avenue, Chula Vista, California 91910. The statements of economic interests for some state and local government agency elected officers may be available in electronic format on the FPPC's website at www.fppc.ca.gov. (Pursuant to AB1509)

 

Chula Vista Municipal Code Sections

2.02.010    Purpose and intent.

2.02.020    The City Council as code reviewing body for conflict of interest code.

bullet2.02.025    Definitions

2.02.030    Conflict of interest code of the City of Chula Vista.

2.02.040    Exception for solely advisory boards and commissions.

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2.02.010 Purpose and intent.

The City Council intends to implement Government Code Sections 87300 through 87313 pertaining to conflict of interest codes for local agencies. The City Council also intends to implement all appropriate penalties for persons required to file under this chapter who fail to do so in a timely fashion. (Ord. 2807, 2000).

2.02.020 The City Council as code reviewing body for conflict of interest code.

The City Council shall serve as the code reviewing body under Government Code Section 87303 for review and adoption of the conflict of interest code for all persons associated with the City of Chula Vista and required to file a statement of economic interests with the Fair Political Practices Commission. All statements of economic interests shall be filed with the City Clerk, who shall be responsible for filing with the Fair Political Practices Commission. (Ord. 2807, 2000).

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2.02.025 Definitions.

The following words and phrases, when used in this chapter, shall for the purpose of this chapter have the meanings defined herein.  Words and phrases defined herein are in the language of the California Government Code sections 82000, et seq.  Whenever any words or phrases used in this chapter are not defined herein, but are defined in the Government Code of the state of California, such definitions are incorporated herein and shall apply to such words and phrases used herein as though set forth herein in full, unless the context clearly indicates a contrary intention.

  1. Business Entity” means any organization or enterprise operated for profit, including, but not limited to a proprietorship, partnership, firm, business trust, joint venture, syndicate, corporation, or association (see, California Government Code section 82005).
  2. “Gift” means any payment that confers a personal benefit on the recipient, including a rebate or discount in the price of anything of value unless the rebate or discount is made in the regular course of business to members of the public without regard to official status. Gifts are not required to be reported if the purpose of disclosure of the source of the gift does not have some connection with or bearing upon the functions or duties of the position for which the reporting is required (see, California Government Code section 82028 for a full definition of “Gift,” and Fair Political Practices Commission regulation 18730.1).
  3. “Income” includes gifts, loans and travel payments; other than gifts, it does not include income from any source outside the jurisdiction of the City and not doing business within the jurisdiction, not planning to do business within the jurisdiction, or not having done business within the jurisdiction during the two years prior to the time the statement of economic interests is required to be filed (see, California Government Code section 82030 for a complete definition of “Income”).
  4. “Interest in Real Property” includes any leasehold, beneficial or ownership interest or an option to acquire such an interest in real property located in the jurisdiction owned directly, indirectly or beneficially by the filer, or his or her immediate family if the fair market value of the interest is $2,000 or more (see, California Government Code section 82033 for a full definition of “Interest in Real Property”).
  5. “Investment” is limited to interests in businesses entities that have property in the City, do business in, plan to do business in, or have done business within the last two years, in the City (see, California Government Code section 82034).
  6. “Jurisdiction” - Real property is “within the Jurisdiction” of the City if it is within, or not more than two miles outside the boundaries of, the City, or within two miles of any land owned or used by the City (see, California Government Code section 82035 for a complete definition of “Jurisdiction”). (Ord. 3261, 2013).

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2.02.030 Conflict of interest code of the city of Chula Vista.

  1. The Political Reform Act, Government Code Sections 81000, et. seq., requires local government agencies to adopt and promulgate conflict of interest codes.  The Fair Political Practices Commission has adopted a regulation, Title 2 of the California Code of Regulations, Section 18730, which contains the terms of a standard model conflict of interest code, which is incorporated by reference, and which may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and hearings.  Therefore, the terms of Title 2 of the California Code of Regulations, Section 18730, and any amendments to it, except Section 9.5, duly adopted by the Fair Political Practices Commission, are hereby incorporated by reference and constitute the conflict of interest code of the City of Chula Vista.
  1. The City Council shall set forth by resolution the officials, designated employees, and consultants who are required to file statements of economic interests and the disclosure categories under which each such official, designated employee and consultant shall file. By this reference, the resolution, and any amendments to it, is incorporated into this Conflict of Interest code. The City’s disclosure categories are set forth below:
  1. All investments, positions in business entities located or doing business within the City’s jurisdiction, or doing business with the City; and all sources of income (including gifts, loans, and travel payments).
  1. All interests in real property within the jurisdiction of the City;
  1. All investments, positions in business entities, interests in real property, and income (including gifts, loans, and travel payments) from sources that are subject to the regulatory, permitting or licensing authority of the designated employee’s department;
  1. All investments and positions in business entities, and all income (including gifts, loans, and travel payments) from sources, that engage in land development, construction or the acquisition or sale of real property within the jurisdiction of the City;
  1. All investments and positions in business entities and income (including gifts, loans and travel payments) from sources that provide leased facilities, goods, equipment, vehicles, machinery or services, including training or consulting services, of the type utilized by the City;
  1. All investments and positions in business entities and income (including gifts, loans and travel payments) from sources that provide leased facilities, goods, equipment, vehicles, machinery or services, including training or consulting services, of the type utilized by the designated employee’s department;
  1. All Investments, positions in Business Entities, Income (including Gifts, loans and travel payments), and Income from non-profit organizations, if the source is of the type that receives grants or other monies from or through the City. (Ord. 2980 § 1, 2004; Ord. 2807, 2000; Ord. 3261, 2013).
 

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2.02.040 Exception for solely advisory boards and commissions.

  1. The City Council finds that certain of the City’s boards and commissions are solely advisory within the meaning of Government Code Section 87100, and are, therefore, not required by law to be governed under the City’s conflict of interest code.
  2. For those boards and commissions not required by law to be governed under the City’s Conflict of Interest code, the City Council declares that citizens serving as volunteers on those boards and commissions shall not be required to complete and submit statements of economic interests and shall not be required to disqualify themselves from deliberations or decision making for economic reasons. (Ord. 2807, 2000).

 

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