2018-3-28 LEGISLATIVE - Laserfiche WebLink

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letter was drafted and sent by Council when a Councilmember used the City seal during an election. We send a letter to full Council explaining what we see, calling attention to it. Then come back and clean things up, remove language, vesting Mayor with that. Have to get these items duly adopted and attested to. His motion, limited scope, violating clear responsibility and vesting Mayor by charter. Vice Chair Martinez shared a precedence was set when Mayor Pulido chose not to sign the City Manager's contract, set a precedent to have MPT sign. If Mayor chooses not to follow his responsibilities, we bypass him. He voted no, refused to sign. This time around, we chose to take him to court. We need to be consistent. Chair Sarmiento recommend we vest authority to a designee for resolutions/ordinances as we did with contracts. The City Attorney said this is different because it's a resolution. To be consistent, send letter of reprimand not just for this resolution, but for refusing to sign the City Manager's contract. That would be consistent. We don't have recourse because we would have to go to the voters to put on ballot. That's the difference where lack of consistency on signing. Vice Chair Martinez requested the City Attorney restate the motion. Christina responded she couldn't say what the code says that because she hasn't looked at that particular issue on where the Mayor's authority to sign contracts from where that derives but as a general matter; if the right derives from muni code, then City Council has authority to amend code or adopt a resolution that clarifies or interrupts the code. If derived from the Charter, it can't be changed except by a vote of the people. Without knowing specifically what the code says about Mayor's rights, I don't want to speak to that. If in code, Council has authority to make change. If in charter, voters. Vice Chair Martinez asked Maria to confirm and Maria responded yes. Vice Chair Martinez seconded the motion; Mayor will not be reprimanded, a letter will be sent to him that he has not fulfilled his duties. Chair Sarmiento accepted the amendment, to identify we adopt some changes and put on ballot, to vest sole responsibility of Mayor, in absence of Mayor or refusal to sign, would go to MPT. If MPT refuses to sign, goes to Council. We can incorporate in letter. Other change I would make is that the letter goes to Mayor and full Council. 4. Development of the City Council Policy Regarding Violation of Code of Conduct and Ethics Chair Sarmiento indicated he would like to digest this value -based code of conduct. He stated we can't be extremely punitive but can say to our colleagues some scrutiny for violation. Cannot move anyone from office because it's not our authority but can call attention to violations that are blatantly made. Use FPPC to enforce, doesn't make sense to use the County. Motion - seconded by Vice Chair Martinez. Send draft to Chair Sarmiento's attention Legislative Affairs, Ethics, Transparency and Communications Council Committee Meeting Minutes March 28, 2018 Page 4