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letter was drafted and sent by Council when a Councilmember used the City seal during <br />an election. We send a letter to full Council explaining what we see, calling attention <br />to it. Then comeback and clean things up, remove language, vesting Mayor with that. <br />Have to get these items duly adopted and attested to. His motion, limited scope, <br />violating clear responsibility and vesting Mayor by charter. <br />Vice Chair Martinez shared a precedence was set when Mayor Pulido chose not to sign <br />the City Manager's contract, set a precedent to have MPT sign. If Mayor chooses not <br />to follow his responsibilities, we bypass him. He voted no, refused to sign. This time <br />around, we chose to take him to court. We need to be consistent. <br />Chair Sarmiento recommend we vest authority to a designee for resolutions/ordinances <br />as we did with contracts. The City Attorney said this is different because it's a <br />resolution. To be consistent, send letter of reprimand not just for this resolution, but for <br />refusing to sign the City Manager's contract. That would be consistent. We don't have <br />recourse because we would have to go to the voters to put on ballot. That's the <br />difference where lack of consistency on signing. <br />Vice Chair Martinez requested the City Attorney restate the motion. <br />Christina responded she couldn't say what the code says that because she hasn't <br />looked at that particular issue on where the Mayor's authority to sign contracts from <br />where that derives but as a general matter; if the right derives from muni code, then <br />City Council has authority to amend code or adopt a resolution that clarifies or interrupts <br />the code. If derived from the Charter, it can't be changed except by a vote of the people. <br />Without knowing specifically what the code says about Mayor's rights, I don't want to <br />speak to that. If in code, Council has authority to make change. If in charter, voters. <br />Vice Chair Martinez asked Maria to confirm and Maria responded yes. <br />Vice Chair Martinez seconded the motion; Mayor will not be reprimanded, a letter will <br />be sent to him that he has not fulfilled his duties. <br />Chair Sarmiento accepted the amendment, to identify we adopt some changes and put <br />on ballot, to vest sole responsibility of Mayor, in absence of Mayor or refusal to sign, <br />would go to MPT. If MPT refuses to sign, goes to Council. We can incorporate in letter. <br />Other change I would make is that the letter goes to Mayor and full Council. <br />4. Development of the City Council Policy Regarding Violation of Code of Conduct <br />and Ethics <br />Chair Sarmiento indicated he would like to digest this value -based code of conduct. He <br />stated we can't be extremely punitive but can say to our colleagues some scrutiny for <br />violation. Cannot move anyone from office because it's not our authority but can call <br />attention to violations that are blatantly made. Use FPPC to enforce, doesn't make <br />sense to use the County. <br />Motion - seconded by Vice Chair Martinez. Send draft to Chair Sarmiento's attention <br />Legislative Affairs, Ethics, Transparency and Communications Council Committee Meeting Minutes <br />TIM <br />20}8 <br />