10A - MINUTES 12-20-16 - Laserfiche WebLink

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City Attorney Carvalho, indicated that her preference is not to provide legal advice in public, unless so requested by the City Council; highlighted process in the Charter that applies to all appointed officials; vote for termination requires five votes and to place on Administrative Leave requires four votes; separate rules and due process rights for City Manager exist in his contract that requires noticing; also, noted that Administrative Leave is not termination; reasonable cause needed to place on Leave to allow for investigation of claim or allegation. Councilmember Benavides, if investigation has already taken place is it reasonable to reopen? City Attorney Carvalho, will need to be evaluated allegations; need to review new allegations. Councilmember Benavides, asked if City has exposure and appearance of retaliation. City Attorney Carvalho, it depends on the facts; caution against double jeopardy; any new allegation would have to be reviewed. Councilmember Sarmiento, procedurally can an evaluation be conducted by new councilmembers? City Attorney Carvalho, two part answer - current law allows members to place items on the Agenda including closed session and case law permits standards of review on performance or to set standards for future performance to be evaluated. Councilmember Sarmiento, opined that comments by members of the .public are fair assessment; City may have exposure; have received communication in support of City Manager from Chamber of Commerce in addition to Ryan Chase and First American Title; need to manage issue carefully. Councilmember Tinajero, narrated the dishonesty and shenanigans that this election has brought about; highlighted the accomplishments that City Manager has accomplished in past three years; previous labor negotiations resulted in same increase amongst all bargaining groups; police officers are now held accountable; campaign contribution reports indicate that police union active in election; also, asked if Mayor should be investigated for non - payment of campaign loans. City Attorney Carvalho, have taken matters forward to FPPC as requested by council; also City Manager has investigative authority. Councilmember Tinajero, asked if appropriate for new supervisor to evaluate employee. City Attorney Carvalho, indicated that public comments appropriate and City Council comment after the fact, mindful of Brown Act. Councilmember Sarmiento, noted that closed session discussions are not disclosable and now would be the time to comment. City Attorney Carvalho, items may be discussed, just not the confidential items CITY COUNCIL MINUTES 2 DECEMBER 20, 2016 1 0A -2