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 3 AlleLyation #1: The Investigator found that a preponderance of the evidence did support a finding that Hernandez directed and interfered with City staff in relation to the City's Juneteenth Festival, Chicano Heritage Festival, and Indigenous Peoples' Day events (collectively "the special events"). The Complaint alleges that Council Member Hernandez interfered with the staff s planning and execution of these special events in several ways. In relevant part, Hernandez attended meetings uninvited, directed staff on who should be handling certain aspects of the event and interfered with the City's ability to choose and negotiate with vendors for the special events. The Investigator found that a preponderance of the evidence supported these allegations. For example, Hernandez attended planning meetings for the City's Juneteenth Festival where invites were exclusively made between the community -based organization ("CBO") the City partnered with and the City's Park and Recreation staff. For meetings not attended by Hernandez or communications he was not included in, the CBO's- would tell City staff thato already discussed certain matters with Hernandez and there was no need to discuss further with City staff. During one of the meetings Hernandez included himself in, Hernandez interjected that the CBO would be solely responsible for the event flyer because it was a decision he made as policy maker. Hernandez would also interject in a -mails sent by the CBO to the City by immediately supporting its position, and doing so in writing. As further example, Hernandez interfered with the City's partnership with the CBO concerning the Juneteenth Festival in June 2023 by explaining that because it was not in favor of a certain site plan, neither was he. The facts further established that Hernandez was only requested to provide a list of potential entertainers to the Parks and Recreation Department. Hernandez was reminded of this request and the request to refrain from overreaching in his position on more than one occasion. Hernandez did not comply with these requests and instead would routinely reach out to entertainers, obtain quotes for their performance rates and direct the City to enter into an agreement with them. Hernandez' a -mails to the City where he introduced the entertainers would also include the entertainers themselves. The Investigator found this imposition, whether intended or not, served as a further attempt to interfere and direct City staff to work with his pre -selected entertainers. Hernandez was further cautioned by the City on at least four occasions to refrain from this conduct. Yet, he continued to do so. Hernandez' self-imposed role into these special events became so apparent, even outside parties began believing he, instead of the City, was the point of contact for the events. While City Council Members would also receive inquiries for these special events, there was no evidence establishing that they would interfere with staff s efforts in the execution and planning. In fact, at least one did the opposite. Conversely, Hernandez interjected himself in the planning and execution of the City's special events and the Investigator also noted that Hernandez would represent to constituents, albeit on an unrelated issue, that he had the ability to direct staff. Even more, Hernandez' conduct continued after he received notice of the Complaint and was requested to refrain from directly contacting vendors. Specifically, for the 2024 Chicano Heritage Festival, a Parks and Recreation employee was asked by the City Manager to bring in a 21217231.1