Item 33 - Investigation Regarding Councilmember Johnathan Ryan Hernandez (Continued from the 10/28/24 Special Meeting)

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ATQRNFY-CLIENT PRIVILEGE AND. ATTORNEY WORK PRODUCT Sonia Carvalho, Esq. Tamara Bogosian, Esq. October 9, 2024 Page 8 The Investigator also noted that Complainant's demeanor changed in®second interview when asked for further information to corroborate some of the claims in■ Complaint. For example, when asked for e-mails where Hernandez is providing ® with a list of vendors, appeared annoyed and deflected the question, stating the information was, or should have already been provided, by® or by other witnesses When the investigator's office later followed up with Complainant.on the a -mails claimed to have provided or would provide, Complainant did not respond. This further detracted from ® credibility. Lastly, Complainant's statements regarding Hernandez' violation of City policy were not always logical to the Investigator. For example, Complainant explained that E had spoken with Hernandez sineco initial investigation interview and still believed he was violating City policy and procedure because he told Complainant that an entertainer had been underpaid. . Complainant's attempt to frame Hernandez' opinion as a violation of City policy tended to show some bias on Complainant's part toward Hernandez. Although the Investigator found Complainant lacked credibility in some areas, the Investigator still credited Complainant on points either corroborated by other witnesses and documents or that the Complainant was able to credibly explain during ®interview. As such, the Investigator credited the following statements from Complainant; • Hernandez attended meetings between the City and its proposed vendors that he was not invited to. Specifically, he attended meetings related to the Juneteenth Festival, Chicano Heritage Festival, and Indigenous People's Day. • During a March 2023 meeting between a community -based organization and the City, Hernandez asked City staff attending whether there were any Black staff members on the City's planning team., M. • The City offered vendor booths for the 2023 Juneteenth Festival at no charge to vendors. After the City learned that the CBO they had partnered with for the event was selling vendors booths they informed it, that it could not do so. However, the day of the event, the City had a large number of vendors appear without prior City approval, many of whom told the City that Hernandez authorized them to be there. • Hernandez stated at a City Council Meeting that the City's Juneteenth events should be in sole partnership with a certain CBO. • Hernandez told Complainant that neither 0 nor the City understood the culture after ® did not approve two potential entertainers to perform at the Chicano Heritage Festival due to budget constraints, • The City's Parks and Recreation Department would routinely reach out to Council Members for events that they may be aligned with and they did have an initial meeting 21217231.1