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HomeMy WebLinkAbout2014-02-27 CODE OF CONDUCT & ETHICSMINUTES OF THE SPECIAL MEETING OF THE CODE OF CONDUCT AND ETHICS COUNCIL COMMITTEE FEBRUARY 27, 2014 Meeting Convened at Santa Ana City Hall, 2 "d 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 • I 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. 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. L Maria D. Huizar Clerk of the Council