2018-3-28 LEGISLATIVE - Laserfiche WebLink

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7. Possible Censure Action Chair Sarmiento moved on to item #7 and entertained a public comment from Dave Hoen. Mr. Hoen spoke about the Councilmember who was under consideration for censure. He stated there should be a penalty when a Councilmember does something wrong. Chair Sarmiento thanked Mr. Hoen for his comment. He then stated that on March 6, 2018 there was a Council meeting where the issue of district elections for the June ballot was discussed. He then stated if a Councilmember decides we don't want to fulfill our obligations that are required by the Charter, this is a violation at the very least of code of conduct and ethics. You can be in complete disagreement with outcome and can sign under protest. He asked if there is any sanctionable remedy we have under our code and asked Maria Huizar what can we do we do, what have we done before? Maria Huizar responded with historical background how this item came about. Three existing agencies for Brown Act violations. Next is political reform act violations such as campaign contribution violations, Fair Political Practices Commission (FPPC). Next is current code of ethics values and violations policy. In 2008, members who established the policy said values based. Enforcement agency is FPPC. If we want to use for ethic related violations, an agency available to direct complaints to. Any charter or muni code violations, provisions in our Charter is a misdemeanor. How enforced, not really sure. In 2016, Ethics Committee reviewed several policies, considered a possible censure policy and directed staff to prepare a policy. Raul Godinez mentioned three samples of draft policies. The first option has sensure option; the second has disapproval and censure option; the third has three options admonition, sanction and censure process. Former Committee at the time directed the draft two policies be blended and this is how censure policy was presented at the last Committee meeting. Raul stated we are here to receive input as to what kind of policy the Committee would like to have staff work on then presented to full Council for approval. Chair Sarmiento asked to hear from the City Attorney as to what has been done in the past for violations of conduct. Vice Chair Martinez stated the City Attorney cannot prosecute Council when she represents the Council; recommends we use the FPPC to enforce. She further stated that the Charter needs to be updated. Christine Talley stated she could only echo what Sonia's opinion is — the duty of Mayor under Charter is ministerial, no discretion not to sign the ordinance if it has been duly passed in accordance the City laws. Chair Sarmiento asked Maria if there is any dispute that what was a duly adopted item on the agenda 65B in March? Any dispute it was not duly adopted? Maria responded the vote was a 4/3, majority of Council voting in support of the item. Chair Sarmiento stated given those facts, his opinion is there is violation of not following the charter. His recommendation is to render a letter to full Council. In the past, a Legislative Affairs, Ethics, Transparency and Communications Council Committee Meeting Minutes March 28, 2018 Page 3