HomeMy WebLinkAbout13A - COUNCIL CMT MINUTES - CODE OF CONDUCTMINUTES OF THE SPECIAL MEETING OF THE
CODE OF CONDUCT AND ETHICS
COUNCIL COMMITTEE
FEBRUARY 27, 2014
Meeting Convened at Santa Ana City Hall, 2nd Floor Conference Room, Santa Ana, CA
at 4:12 p.m.
In attendance were Committee Members Sal Tinajero and Angelica Amezcua, Chair
and Staff members Sonia Carvalho, City Attorney and Maria D. Huizar, Clerk of the
Council.
PUBLIC COMMENTS — None
AGENDA ITEMS
1. ANNUAL REVIEW OF CODE OF CONDUCT AND ETHICS
Committee Member Tinajero, spoke of need to receive information from the City
Attorney on Code violations, specifically as they relate to recent claim of a Brown
Act violation and disclosure confidential information.
CODE OF CONDUCT AND ETHICS
SECTION III. CORE VALUES — RESPONSIBILITY / PROTECTIVE THE
PUBLIC'S INTEREST
• 1 refrain from disclosing confidential information concerning litigation,
personnel, property, or other affairs of the City, without proper legal
authority, nor use such information to advance my financial or other
personal interests.
City Attorney Carvalho, noted that review and enforcement of claims have been
consistent; communication sent to all members of the City Council on
expectations and provisions of the law protecting information; policy is to bring
allegations to the attention of the City Council, but individuals responsible for own
actions unless allegation affect public's business.
Committee Member Tinajero, recapped recent complaint against a member of
the City Council; noted that individual may be held accountable for personal
actions. Request that in the future, such violations be brought to the Committee
for consideration; also, concerned that City's Code is value based (aspirations)
with no penalties incorporated. Unanimous consent to adhere to the Code of
Conduct by the committee members.
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There was no further discussion and Committee did not propose any changes to
Code of Conduct and Ethics.
2. DISCUSS CITY COUNCIL POLICY AS IT RELATES TO BROWN ACT
VIOLATIONS AND SANCTIONS
City Attorney Carvalho, indicated that item agendized by the Committee as result
of recent incident in which no policy or sanctions have been approved (by the
City Council). Noted that guidelines for reporting violations vary by agency.
Sample policy provided for consideration, as well as list of current provisions for
reporting, including City of Santa Ana Charter, member of the public may report
violations to the Orange County District Attorney's office, Grand Jury and /or the
Attorney General's Office. City Attorney Calvalho mentioned that members of the
public may also request injunctive relief through the courts; elected officials may
be in contempt of court if violate an order. Also, stated that Committee may
present resolution and /or policy for City Council consideration.
Committee Member Tinajero, stated that committee will review material and re-
agendize for further deliberation.
3. COMMITTEE MEMBER COMMENTS
Chair Amezcua, asked for clarification on allegations of wrong doing by two
councilmembers on campaign contributions. City Attorney reported that
complaint reviewed and found that independent expenditure campaign
committee funds not in violation of City's campaign contribution limit.
Scheduled Special Meeting on May 22, 2014.
ADJOURNED — 4:39 P.M.
Maria D. Huizar
Clerk of the Council
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MINUTES OF THE SPECIAL MEETING OF THE
CODE OF CONDUCT AND ETHICS
COUNCIL COMMITTEE
SEPTEMBER 25, 2014
Meeting Convened at City Hall, Ross Annex, 20 Civic Center Plaza Santa Ana, CA at 5:03
p.m.
In attendance were Committee Members Sal Tinajero and Angelica Amezcua, Chair and
Staff members Sonia Carvalho, City Attorney and Maria D. Huizar, Clerk of the Council.
PUBLIC COMMENTS — None
AGENDA ITEMS
1. APPROVE MINUTES FROM THE FEBRUARY 27, 2014 SPECIAL MEETING.
Motion by Tinajero, Seconded by Amezcua to approve Minutes. Motion carried.
2. DISCUSSION AND RECOMMENDATION ON CITY COUNCIL POLICY AS IT
RELATES TO BROWN ACT VIOLATIONS AND SANCTIONS (MATTER
CONTINUED FROM THE FEBRUARY 27, 2014 MEETING)
Chair Amezcua noted that current policy is value based and self - policed; proposed
sanctions should include removal from appointed and regional boards.
Committee Member Tinajero included right to remove from positions and /or suspend.
City Attorney Carvalho noted that City of Ontario has policy in place with sanctions,
that may be good model.
Committee Member Tinajero proposed following sanctions:
1. Formal warning from City Council that behavior is inappropriate;
2. Agendize for removal from regional boards and /or not allow to make presentation
of certificates and proclamations; and
3. Agendize additional sanctions to be considered by the City Council.
Minutes of the Code of Conduct and Ethics Committee Page 1
September 25, 2014 13A-3
DISCUSSION AND POLICY DIRECTION RE: VIOLATION OF PLANNING
COMMISSION BYLAWS
City. Attorney Carvalho noted that violation of due process occurs when disclosure of
evidence not provided and explained formation of Disclosure Form as approved by the
Planning Commission. Disclosures across the board and all other member have fully
complied.
Committee Member Tinajero directed staff to prepare letter to commissioner notifying
him that Disclosure Forms must be received by October 2, 2014 or Committee would
agendize recommendation of removal from the Commission.
Sean Mill, Planning Commission Vice - Chair, noted that forms provided to staff prior to
meeting but copies not available for examination; suggest that Forms be submitted by
Thursday and copies made available to the public prior to the meeting.
Committee Member Tinajero request that letter demand that disclosure forms be
provided from March, 2014 to the present.
Vince Fregoso, Principal Planner, noted that all commissioners have made verbal
disclosures at the Planning Commission.
COMMITTEE MEMBER COMMENTS
Committee Member Tinajero asked about the process for verifying residency of
council candidate. Clerk of the Council Huizar explained process and noted that any
complaint received would be reviewed accordingly.
Chair Amezcua reminded all that conduct by all elected and appointed officials
important; need to promote ethical environment.
ADJOURNED — 5:30 p.m.
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Maria D. Huizar
Clerk of the Council
Minutes of the Code of Conduct and Ethics Committee Page 2
September 25, 2014 13A -4