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DOWDALL LAW OFFICES A PROFESSIONAL CORPORATION ATTORNEYS AT LAW City of Santa Ana August 28, 2023 Page 2 6. 42 U.S.C.A. § 1983 (federal damages for violation of civil rights under color of law): the proposal violates guarantees of majority rule in American government. "... a local public official [is not] immunized from liability for official acts so long as the official's conduct [violates] clearly established statutory or constitutional rights of which a reasonable person would have known." See, Harlow v. Fitzgerald (1982) 457 U.S. 800, 818. 7. No immunity for the willful/intentional violation of rights: Assertion of state immunity does not apply to federal civil rights violations. Legal trends today reveal exposure of elected leadership to disciplinary actions for misconduct. 8. Each Councilmember is owed separate counsel before the vote: City must provide separate legal counsel before further concerted action to violate the charter without amendment by voter approval. The City is on notice. Substantial knowledge is the same as willful intention. 9. Conflict of interest caused by City should be paid by City: The city attorney represents Santa Ana, not individual counsel members. The city has no duty to defend nor indemnify for willful and intentional misconduct. Violating the law under present notice requirements is outside the scope of legitimate legislative activity. It is willful and intentional misconduct for further concerted action. If the City is requesting that action, the City must pay for legal counseling respecting the risk exposure. The Proposed Ordinance Violates the California Government Code The Government Code provides that ordinances are passed by majority vote. That is a general law of statewide importance. Government Code §36936 imposes a mandatory duty on city councils to adopt ordinances by "recorded majority vote." The proposed ordinance would therefore violate State law and be preempted by Government Code §36936: Resolutions, orders for the payment of money, and all ordinances require a recorded majority vote of the total membership of the city council. The Charter Requires That Ordinances Are Passed with Majority Vote The city charter of Santa Ana requires that ordinances be passed by majority vote. There is no exception for rent control. There is no provision for a 5/7 vote on any given police power, ordinance, or other form of regulation. Section 410 of the City Charter states: A majority of the members of the City Council shall constitute a quorum to do business, but a lesser number may adjourn from time to time. Except as otherwise provided elsewhere in this charter or by law, no ordinance, resolution or motion shall be passed, adopted, or become effective unless it receives the affirmative