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

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ATTORNEY -CLIENT PRIVILEGE AND ATTORNEY WORK PRODUCT Sonia Carvalho, Esq. Tamara Bogosian, Esq. October 9, 2024 Page 2 I. Methodology The Investigation included extensive review of documentary evidence, including hundreds of e- mail correspondence based on relevant search terms by and between relevant individuals. This included correspondence by and between Council Member Hernandez and vendors/entertainers concerning the City's relevant special events and correspondence by and between Council Member Hernandez and relevant City staff concerning the same. After review of the relevant evidence, the Investigator interviewed seven individuals. This included the Complainant, the Subject, and five percipient witnesses. II. Summary of Conclusions The Investigator employed the preponderance of the evidence standard in making his determinations with respect to the allegations contained in this Investigation. In so doing, the Investigator determined whether the evidence, on balance, more likely than not established that the facts occurred as alleged. The Investigator then considered whether the facts, as established by a preponderance of the evidence, constituted a violation of City of Santa Ana's Charter or the City's Code of Ethics and Conduct. There were four allegations within the scope of the Investigation; 1. Whether City Council Member Johnathan Ryan. Hernandez directed and/or interfered with City Staff in relation to any of the City's Juneteenth Festival, Chicano Heritage Festival and/or Indigenous Peoples' Day Events. 2. Whether City Council Member Johnathan Ryan Hernandez solicited donations for the City's Juneteenth Festival, Chicano Heritage Festival and/or Indigenous Peoples' Day that were not received by the City of Santa Ana. 3. Whether City Council Member Johnathan Ryan Hernandez engaged in conduct toward City staff relating to the City's Juneteenth Festival, Chicano Heritage or Indigenous Peoples' Day Events that could be deemed to violate the City's Charter. 4. Whether City Council Member Johnathan Ryan Hernandez engaged in conduct toward City staff relating to the City's Juneteenth Festival, Chicano Heritage Festival or Indigenous Peoples' Day Events that could be deemed to violate the City's Code of Ethics and Conduct. The Investigator finds that the preponderance of the evidence supported factual findings to sustain Allegation #1, #3 and #4. The Investigator finds that the preponderance of the evidence did not support factual findings to sustain Allegation #2, Accordingly, Allegations #1, #3 and #4 are SUSTAINED and Allegation #2 is NOT SUSTAINED. 21217231,1