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 4 specific band to the Festival. The employee worked with one of the City's entertainment contractors to secure the band. However, the contractor seemingly contacted the wrong band of the same name. When the employee asked the band how they got in contact with the City, the band's contact told her that Hernandez had helped him book the event. The contact detailed that Hernandez told him the amount the entertainers would be paid and the timing/type of performance the band would be expected to provide at the event. In light of the above facts, the preponderance of the evidence established that Hernandez directed and interfered with City staff in relatioix to the City's Juneteenth Festival, Chicano Heritage Festival, and Indigenous Peoples' Day events. Hernandez was not simply providing the City with a list of potential vendors/entertainers but rather affirmatively inserted himself in an attempt to direct and interfere with the planning and execution of these special events. As such, this allegation against Council Member Hernandez is SUSTAINED. Allegation #2: The Investigator found that a preponderance of the evidence did not support a finding that Hernandez solicited donations for City events that were not received by the City of Santa Ana. While the preponderance of the evidence did establish that Hernandez spoke with potential sponsors, this alone did not evidence that he solicited donations. The Investigator relied on documentary evidence and statements made by the Complainant and Council Member Hernandez in their interviews. Hernandez denied soliciting donations, the Complainant explained that ® belief of Hernandez' solicitation was based on speculation rather than fact and there was no documentary evidence, either direct or circumstantial, that made it more likely than not that these allegations were true. In fact, the documentary evidence established the opposite. As such, the preponderance of the evidence did not establish a finding that Council Member 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, As such, this allegation is NOT SUSTAINED. Allegation #3• The Investigator found that the preponderance of the evidence did support a finding that Council Member Hernandez' conduct toward City staff relating to the City's Juneteenth Festival, Chicano Heritage Festival, and Indigenous Peoples' Day events violated Section 408 of the City Charter. Therefore, this allegation is SUSTAINED. Section 408 of the City Charter reads, in pertinent part, that except for the purpose of inquiry, the City Council and its members shall deal with the administrative branch of the City government solely through the City Manager or their designated deputy, and neither the City Council nor any member thereof shall give orders to any subordinates of the City manager, either publicly or privately. 21217231.1