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 S Here, the preponderance of the evidence established that Hernandez violated Section 408 of the City's Charter by attempting to communicate directly with City employees and provide them direction concerning, at least, the City's 2023 Juneteenth Festival, The Investigator differentiates providing direction to Parks and Recreation Director, which the evidence showed was seemingly welcomed and approved by both the City Manager and the Director, versus Hernandez' clear direction to City staff on March 28, 2023. In this regard, the preponderance of the evidence supported the following facts. A March, 2023 meeting was scheduled to be held via videoconference between ® City staff members and members of the community -based organization the City had partnered with for the Juneteenth Festival, including its®. Council Member Hernandez joined the meeting approximately fifteen minutes in. One City staff member provided an update during the meeting on the City's marketing strategy for the upcoming Juneteenth Festival. The CBO's responded that Ehad a draft version of a Juneteenth flyer and the City staff member explained that ®was looking forward to seeing it so they could begin collaborative design discussions. Before City staff was able to review the flyer, Hernandez inter] ected and told the 0 City staff members that the CBO's flyer would be the one used for the event because, in his role as policy maker, the direction he gave as the main proponent of the Juneteenth Festival was that it should be designed, organized and operated by the Black community. Hernandez then asked the City staff members whether they had any Black staff members on their marketing team. Hernandez' actions were in direct violation of Section 408 as he gave orders to City staff members on how the City must proceed with the planning of its Juneteenth Festival. Hernandez understood he was in a position of influence and power that made it difficult for staff members to disagree with his direction and he exerted this power in front of the City's partner for the event. This was evidenced by the contemporaneous e-mail sent by a City staff member to supervisor. This was further evidenced by Hernandez' refusal to acknowledge his actions by relying on the CBO's alleged concerns with the event and his need to support his constituents. Reasonably, if Hernandez believed the City Council required City flyers to be produced by a CBO instead of the City, Hernandez could have mitigated this concern by reaching out to the City Manager or the Parks and Recreation Director. As such, this allegation against Council Member Hernandez is SUSTAINED. Allegation #4: The Investigator found that the preponderance of the evidence did support a finding that Council Member Hernandez engaged in conduct toward City staff relating to the City's Juneteenth Festival, Chicano Heritage Festival or Indigenous Peoples' Day events that violated the City's Code of Ethics and Conduct. Therefore, this allegation is SUSTAINED, The City's Code of Ethics and Conduct reads, in pertinent part, that its intent is to achieve fair, ethical and accountable local government for the City of Santa Ana. Attitudes, words and actions should demonstrate, support and reflect the following qualities and characteristics for the M17231.1