CITY OF ARCATA
SPECIAL CITY COUNCIL MEETING
COUNCIL CHAMBER MAY 17, 2022
1 A special meeting of the City Council of the City of Arcata was held on the above date at 6:01 p.m. as a hybrid meeting, via teleconference utilizing Zoom Video Communications and in person, with Mayor Atkins-Salazar presiding. Notice of this meeting was posted on May 13, 2022, and again as a revised agenda on May 16, 2022. PRESENT: Atkins-Salazar, Schaefer, Matthews, Watson. ABSENT: None. STAFF PRESENT: City Manager Diemer, City Attorney Diamond, Assistant City Manager/Personnel Director Demello, Chief of Police Ahearn, Lieutenant Silvers, IT Manager Savage, City Clerk Dory, Attorney Thomas O'Connell from Best, Best and Krieger
NEW BUSINESS
A. Corrective, Preventative, and/or Remedial Actions the City May Take in Response to April 12, 2022 Investigation Report Concerning Allegations of Sexual Harassment Made Against Councilmember Brett Watson.
Employment Attorney Thomas O'Connell, from Best, Best and Krieger, representing the City, said the investigation report indicated the investigator interviewed seven witnesses and retained over 500 pages of documentation. He reported that the investigator attempted to interview Councilmember Watson, but was unable to do so, and Councilmember Watson could still be interviewed if he desired. Attorney O'Connell quoted from the investigative report saying that the relevant findings in the report were that, quote " . . . it is undisputed that Councilmember Watson engaged in conduct attributed to him by [employee], and that his conduct was motivated by romantic interest in [employee]. It is also undisputed that Watson abused his power as a City Councilmember by expecting employee to spend time with him outside of City Hall; to respond to his calls and text messages outside of the regular work hours; to engage in communications of a personal nature with him; and to hug him each time they met in his capacity as a Councilmember and her capacity as [employee]. The credible evidence presented during the investigation establishes by a preponderance of the evidence that the allegations against Watson are sustained." Attorney O'Connell laid out the corrective actions the Council could take in regard to Councilmember Watson.
1) Training for the Councilmember;
2) Public admonishment of the Councilmember;
3) Censure of the Councilmember;
4) Limitations on Councilmember activities, removal from committees and other assignments, and or eliminating access to City facilities except during regular business hours;
5) Recall of the Councilmember by the public.
Attorney O'Connell said that in order to make sure the conduct in this case did not occur in the future, he would recommend the City obtain a restraining order.
The Council asked questions of Attorney O'Connell.
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Mayor Atkins-Salazar invited public comment.
Jessica Silva spoke of the varied behaviors of victims of sexual harassment, and requested Councilmember Watson resign from the Council.
Daniel Bixler requested the Council ask Councilmember Watson to resign and adopt some kind of impeachment process in case this happened again.
Tomasa Daniel requested Councilmember Watson take responsibility for his actions and please resign, which would show leadership.
David Loya, appearing on behalf of the City's Department Directors, read a letter in support of the City's zero tolerance policy and requested the Council take actionable steps to prevent and prohibit harassment in the workplace of the City of Arcata.
Danielle Allred expressed her dismay that the repercussions were so limited due to Councilmember Watson being an elected official. She noted there was no indication of remorse or acknowledgment of wrongdoing, and encouraged the Council to take whatever actions it could to protect all City employees.
An unidentified member of the public acknowledged that there were community members who were not in attendance and might not speak about the issue publicly, but surmised they were putting their trust in the Council to take appropriate action on behalf of the community.
Joe Mateer, appearing on behalf of the Management and Confidential employees of the City, read a letter supporting action by the Council to make sure the City's workplace was free from discrimination and harassment as outlined in the City's zero tolerance policy.
An unidentified member of the public appeared in solidarity with the City employee, staff, and the majority of the Council. She noted that sexual harassment was fundamentally about power and control over another. She said Councilmember Watson had violated the public's trust with his disregard for the Brown Act. She requested the Council use whatever tools available to it to ensure a functional and safe workplace and organization.
Elizabeth Conner, a former City Councilmember, said she stood with the employee and she believed them. She asked Councilmember Watson to do the City a courtesy and resign. She requested the Council take the strongest possible action it could to protect staff.
Timothy Overturf agreed with everything that had been said. He appealed to Councilmember Watson, personally, noting he had lost a family member to suicide and also had ADHD. He stated that when he couldn't handle a situation, he handed the responsibility over to another. He said Councilmember Watson was ineffective as a Councilmember and had a responsibility to resign.
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Aden Vale said he strongly disliked Councilmember Watson's responses and it was objectionable to use grief as a shield to dodge the consequences of one's actions. He asked Councilmember Watson to resign.
Andy Atkins-Salazar said Councilmember Watson's dishonesty was apparent and his responses were dishonest. He said it was clear from the report that he had no business representing the residents of Arcata. He said the right thing left for Councilmember Watson to do was to resign.
He further asked the Council to do whatever it could to rid the City organization of Councilmember Watson.
Kathleen Marshall told Councilmember Watson she never supported him and her sensibilities had been proven by his reprehensible behavior. She recommended the Council censure Councilmember Watson.
Collin Yeo said he read the report and found Councilmember Watson's behavior reprehensible.
He recommended Councilmember Watson resign for the good of the City.
Edith Rosen noted the City had a zero tolerance policy on sexual harassment and had undergone due process in investigating the claim which found Councilmember Watson guilty of sexual harassment. She asked each Councilmember to lead by example and do the right thing.
Aristea Saulsbury read a group letter demanding Councilmember Watson resign. The letter went on to share that most of the letter's signers had known harassers in their lives and they were done accepting this as the norm. The signatories pledged to protect the next generation of women and girls. The letter was signed by: Amanda Pecanha Hickey, Andrea Alstone, Angelica Lua, Aristea Saulsbury, Alex Uzaki McNeal, Alecia Hammon, Beth Herrmann, Bonnie Oliver, Brittany Erez, Carla Osborn, Caroline Griffith, Cassandra Crawford, Cat Koshkin, Catherine Holloway, Chloe Eicher, Cindy Vickers, Cleo Saulsbury-Breth, Cori Jara, Cybelle Immitt, Cynthia McKinnon, Dana Silvernale, Desiree Davenport, Dr. Cutcha Rislng Baldy, Esther Hutton, Gayle Conway, Heather Equinoss, Hillarie Beyer, Jacqueline Dandeneau, Jeannie Franklin, Jen Rice, Jennifer Black, Julie Neander, Julie Ryan, Heidi Moore Guynap, Kara Simpson, Katie Koscielak, Kelly Nord, Lisa Dugan, Lori Biondini, Maya Celli, Martha Spencer, Mary Burke, and Maya Conrad. Ms. Saulsbury said a friend would continue reading the name of the letter's signatories.
Jana Ganion said that for Councilmember Watson's chronic abuse, harassment, and abuse of his power and position, she called on him to resign from office and stop the damage that his continuation as a council member would cause. She recommended Councilmember Watson be removed from all duties for the remainder of his term and the City Council pursue all methods possible to implement protections for all City staff. Finally, she encouraged the Council to adopt procedures to keep this from happening in the future.
Robin Baker continued reading the names of the signatories to the letter previously read:
Melissa Meiris, Michelle Fuller, Nani Villa, Natalie Arroyo, Natalie Giannini, Rachel Watson, May 17, 2022
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Robin Baker, Sandi Byrd, Sheri Woo, Sofia Pereira, Stephanie Lunsden, Taffy Stockton, Terra Tolley, Theresa Grosjean, and Tiffany Maher.
An unidentified member of the public said Councilmember Watson should resign. She said his responses insinuating anything in the report were false or done in bad faith had been unrealistic and offensive. She urged that all possible actions be taken against him immediately.
Mayor Atkins-Salazar closed the public comment period.
Councilmember Matthews read a statement wherein she stated that her entire time on the Council had been overshadowed by Councilmember Watson's behavior and hours that could have been spent by the Council doing its job had been redirected to mitigation. She noted that the City had a zero tolerance policy regarding harassment and discrimination, and said she would take all available steps to insure a safe work environment.
Councilmember Schaefer read a statement in which she stated that the Council was bound to take the investigation seriously and had to take all reasonable steps to prevent and prohibit discrimination and harassment in the work environment. She read excerpts from the City's zero tolerance policy which outlined the policy's definition of harassment and discrimination.
Councilmember Schaefer said that in light of Watson's intention not to accept restrictions laid out by the Council, the Council would have to take immediate action to protect the victims of the investigation and maintain a positive and safe working environment for all City staff. She declared that, according to the investigation, it was undisputed that Councilmember Watson engaged in the behaviors of which he was accused and abused his power as a City Council member. She noted that the public's expression of their opinions that night had empowered her to take steps to obtain a restraining order and place limitations on Councilmember Watson's activities in order to protect city staff from further harassment, abuse of power, or retaliation.
Mayor Atkins-Salazar read a statement in which she said her first choice was to have Councilmember Watson resign because it was the least he could do for the victim and the community. She stated that the amount of time diverted from City business had been monumental. She indicated that it was apparent Councilmember Watson would not be resigning, so the Council had to move forward in all actions presented that night in order to protect the victim and the City from further misconduct and disruption. Further, the Council had to put in whatever safeguards necessary to prevent a situation such as this from happening in the future.
Councilmember Watson said he followed all the rules the Council laid out even though he was not required to follow the rules as the Council's list was not a legal document. He then read from his press release issued on May 15, 2022, stating that the investigation report came to false and misleading conclusions.
RECESS: The Council recessed from 7:10 to 7:16 p.m.
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Councilmember Watson went on to refute statements in the report, clarifying that he and the victim had a consensual relationship. He said evidence of this was in the 600-page report and was ignored by the investigator indicating their bias against him. Councilmember Watson then spent approximately 25 minutes citing portions of the emails and text messages which he said proved his points. He said it was time the community got a clear picture of the evidence that proved he did not harass and was not a danger to anyone. Councilmember Watson noted that he had also filed a harassment/discrimination complaint against the City Manager, City Attorney, and Assistant City Manager/Personnel Director. He then asked several questions of staff, such as who chose the investigator and how much did the report cost.
Councilmember Schaefer asked for an explanation of what was required for the Council to censure Councilmember Watson. She said she wanted to pursue a restraining order, order, Councilmember Watson to cease communicating and meeting with the complainant in any way outside of City Council meetings; order him to cease communicating and meeting with any staff members outside of City Council meetings; order him to cease communicating with any staff members at any time regarding topics that are personal in nature; order him to cease physical contact with any staff members at any time; limit his activities; and remove him from his regional committees/commissions.
Attorney O'Connell explained the steps necessary for a censure of Councilmember Watson, which was a formal repudiation for acts of a single council member. There would be an open City Council meeting in which Councilmember Watson would be notified of the cause of the proposed censure, the motion for censure would be on the agenda for a public hearing, there would be an opportunity for public comment, and Councilmember Watson would have an opportunity to be heard regarding their censure.
Councilmember Matthews expressed her desire to pursue a restraining order, collect Councilmember Watson's keys to City buildings, remove his door code, and remove his regional committee/commission assignments.
ON MOTION BY SCHAEFER, SECONDED BY MATTHEWS, AND WITH A THREETO-ONE VOICE VOTE, THE COUNCIL AUTHORIZED AND DIRECTED
EMPLOYMENT COUNSEL AND STAFF TO PREPARE AND FILE AN
APPLICATION FOR A RESTRAINING ORDER WITH THE HUMBOLDT COUNTY SUPERIOR COURT. AYES: ATKINS-SALAZAR, SCHAEFER, MATTHEWS. NOES:
WATSON. ABSENT: NONE. ABSTENTIONS: NONE.
ON MOTION BY SCHAEFER, SECONDED BY MATTHEWS, AND WITH A THREETO-ONE VOICE VOTE, THE COUNCIL ORDERED COUNCILMEMBER WATSON
TO FOLLOW THE BULLET POINTS LISTED ON PAGE NINE IN THE STAFF REPORT, STATING: WATSON WILL CEASE COMMUNICATING AND MEETING WITH COMPLAINANT IN ANY WAY OUTSIDE OF CITY COUNCIL MEETINGS;
WATSON CEASE COMMUNICATING AND MEETING WITH ANY STAFF
MEMBERS OUTSIDE OF CITY COUNCIL MEETINGS; WATSON CEASE
COMMUNICATING WITH ANY STAFF MEMBERS AT ANY TIME REGARDING May 17, 2022
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TOPICS THAT ARE PERSONAL IN NATURE; AND WATSON CEASE PHYSICAL CONTACT WITH ANY STAFF MEMBERS AT ANY TIME. AYES: ATKINSSALAZAR, SCHAEFER, MATTHEWS. NOES: WATSON. ABSENT: NONE.
ABSTENTIONS: NONE.
ON MOTION BY SCHAEFER, SECONDED BY MATTHEWS, AND WITH A THREETO-ONE VOICE VOTE, THE COUNCIL LIMITED COUNCILMEMBER WATSON'S
ACTIVITIES BY REMOVING HIM FROM THE FOLLOWING COMMITTEES AS A REPRESENTATIVE OF THE CITY: REDWOOD REGION ECONOMIC
DEVELOPMENT COMMISSION (RREDC); HUMBOLDT-DEL NORTE
HAZARDOUS MATERIALS RESPONSE JOINT POWERS AUTHORITY;
HUMBOLDT COUNTY LOCAL COMMUNITY BENEFIT INDIAN GAMING
COMMITTEE; COVID-19 ECONOMIC RECOVERY COLLABORATIVE;
HOMELESSNESS AND HOUSING WORKING GROUP, AND THE NORTH COAST UNIFIED AIR QUALITY MANAGEMENT DISTRICT. AYES: ATKINS-SALAZAR, SCHAEFER, MATTHEWS. NOES: WATSON. ABSENT: NONE. ABSTENTIONS:
NONE.
Attorney O'Connell informed the Council that Councilmember Watson's appointment to the North Coast Unified Air Quality Management District was made by the Mayor's Select Committee and, therefore, the Council was not authorized to remove him from that governing board.
COUNCILMEMBER WATSON VOLUNTARILY RESIGNED FROM HIS SEAT ON
THE NORTH COAST UNIFIED AIR QUALITY MANAGEMENT DISTRICT'S GOVERNING BOARD.
SCHAEFER MOVED TO REMOVE NO. 6 FROM THE LIST OF ACTIVITIES THE COUNCIL WAS REMOVING COUNCILMEMBER WATSON FROM. THE MOTION DIED FOR LACK OF A SECOND AS THE MOTION WAS NOT NECESSARY.
On inquiry by Councilmember Schaefer, Attorney O'Connell said that in a City Council/City Manager form of government, requests by the Council go through the City Manager. He said that most cities would handle this case by not allowing any Council members to have access to staff other than through the City Manager.
SCHAEFER MOVED AND MATTHEWS SECONDED TO LIMIT COUNCILMEMBER ACCESS TO THE BACK CITY MANAGER'S OFFICE.
COUNCILMEMBERS ATKINS-SALAZAR, SCHAEFER AND MATTHEWS VOTED AYE.
Councilmember Watson, who had not yet voted, asked that the motion be clarified if it was, in fact, the Council's intention that the Council members' codes on all City Hall security-coded doors be removed.
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SCHAEFER AMENDED THE MOTION AS FOLLOWS: LIMIT ACCESS TO PRIVATE AREAS OF CITY HALL THAT ARE ACCESSIBLE BY KEY CODE.
THE MOTION DIED FOR LACK OF A SECOND.
ON MOTION BY SCHAEFER, SECONDED BY MATTHEWS, AND WITH A THREETO-ONE VOICE VOTE, THE COUNCIL REMOVED ACCESS TO STAFF AND THE BACK OFFICE ENVIRONMENT FROM THE CITY COUNCIL. AYES: ATKINSSALAZAR, SCHAEFER, MATTHEWS. NOES: WATSON. ABSENT: NONE.
ABSTENTIONS: NONE.
BY CONSENSUS OF A MAJORITY OF THE COUNCIL, IT DIRECTED STAFF TO
REVISE THE COUNCIL'S PROTOCOLS AND RESEARCH WAYS THE CITY
MIGHT AVOID THIS IN THE FUTURE, INCLUDING A PROVISION FOR IMPEACHMENT OF A COUNCIL MEMBER.
Attorney O'Connell and City Attorney Diamond clarified that any provision for impeachment of a Council member by the Council would be forward going and through adoption of an ordinance by the City Council.
City Attorney Diamond answered questions about the process for a recall election, which it had been determined could not happen before the November general municipal election.
ADJOURNMENT
The meeting was adjourned at 7:50 p.m.
Respectfully submitted,
Bridget Dory
City Clerk