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

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___—ATTU lNMY�CLJEI�L`I_'..1'RIVILEGE AND ATTORNEY WORK PRODUCT Sonia Carvalho, Esq. Tamara Bogosian, Esq. October 9, 2024 Page 6 wellbeing of [the] community. The Code lists several characteristics including integrity/honesty, responsibility/ protecting the public's interests, fairness/accountability, respect for fellow elected or appointed officials, staff and the public, and proper and efficient use of public resources. Specific, relevant examples included within the Code are listed below: Safeguarding the ability to make independent, objective, fair and impartial judgments by scrupulously avoiding financial and social relationships and transactions that may compromise, or give the appearance of compromising, objectivity, independence and honesty. • I do not give special treatment or consideration to any individual or group beyond that available to any other individual. I promote meaningful public involvement in the agency's dccision-making processes. • I treat all persons, claims and transactions in a fair and equitable manner; I make decisions based on the merits of the issue. A I respect the distinction between the role of office holder and staff; I involve staff in meetings with individuals, those with business before the agency, officials from other agencies and legislators to ensure proper staff support and to keep staff informed. Here, the preponderance of the evidence established that Hernandez' continuous interference into the City's special events described above violated the City's Code of Conduct and Ethics. The preponderance of the evidence supported the following facts. Despite only being requested to provide the City with a list of vendors (i.e. entertainers), Hernandez would contact City staff on multiple occasions directing they include a specific entertainer for either the City's Juneteenth, Chicano Heritage, or Indigenous Peoples' Day events. Even more, Hernandez would include the specific entertainer in the e-mail which compromised or gave the appearance of compromising objectivity, independence, and honesty. Hernandez' actions also failed to promote meaningful public involvement in the City's decision -making processes as he directed, and continuously demanded, that the City enter into agreements with the artists of his liking. Hernandez' claim that the given entertainer was who the community wanted appeared to be spin, and was not supported by credible evidence. Hernandez further gave special treatment and consideration to a certain CBO beyond that available to others. This was evidenced by his comments during the April 16, 2024 City Council meeting. Despite a RFP process in place for the City's 2024 Juneteenth Festival, which the relevant CBO did not submit an application for, Hernandez requested Council direct staff to bring a report on the City's Juneteenth Festival where the City commits to hosting the event with this specific CBO taking the lead as the City's partner for the event. While the agenda item did not state the report would be made following the 2024 event that was subject to a RFP, Hernandez only later clarified the request was for the 2025-2026 fiscal year during the meeting. Even still, the fact that Hernandez 21217231.1