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1 RESOLUTION NO. 05-22-2930
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY,
CALIFORNIA, CENSURING COUNCILMEMBER KELLY KULIKOFF
WHEREAS, the City Council of the City of California City (“City Council”) has a duty to the residents of California City (“City”) and to the City employees to ensure that the laws of the State of California and the City, and the rules, regulations, and policies of the City are followed by all members of the City Council, and that members of the City Council demonstrate the highest level of professionalism and respect while acting in the course and scope of their office; and WHEREAS, on December 10, 2021, the City received a complaint from former Interim City Manager Anne Ambrose (“Ms. Ambrose”) that Councilmember Kelly Kulikoff (“Councilmember Kulikoff”) distributed to several third parties, via email, accusations of Ms.
Ambrose’s corruption in response to her not placing an item requested by Councilmember Kulikoff on the next regular meeting agenda; and
WHEREAS, Ms. Ambrose has requested either an apology by Councilmember Kulikoff for his allegation of corruption delivered to the same recipients of his accusatory email sent on December 10, 2021, or in the absence of such apology for the City Council to take action to disclaim his allegation of corruption; and
WHEREAS, Councilmember Kulikoff has not delivered an apology as requested by Ms.
Ambrose; and
WHEREAS, on February 22, 2022, under Resolution No. 02-22-2909, the City Council agendized a censure resolution of Councilmember Kulikoff, the item was not voted on and instead tabled for a later meeting; and
WHEREAS, the City Council held a public hearing to discuss Councilmember Kulikoff’s statements made in the email sent on December 10, 2021, on May 24, 2022; and WHEREAS, notice of the hearing held on May 24, 2022 and the referenced email from December 10th were delivered to Councilmember Kulikoff in writing, via email, on May 19, 2022; and
WHEREAS, the City Council does not condone or agree with Councilmember Kulikoff’s statement made in his email to Ms. Ambrose on December 10, 2021, the City Council finds it necessary and prudent to declare its strong disapproval of the statement; and WHEREAS, the City Council further determines that adoption of this Resolution is necessary to affirm that such conduct will not be tolerated and prevent such conduct from being repeated.
2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The City Council finds that the Recitals set forth above are true and correct.
Section 2. The City Council finds that Councilmember Kulikoff interfered with the powers and duties of the Interim City Manager when questioning the materials on the agenda for December 14, 2021, via an email sent on December 10, 2021, at 4:08 am, thus violating Sections 2-3.209 and 2-1.405 of the California City Municipal Code.
Section 3. The City Council finds that this conduct, in addition to being improper, unprofessional and unacceptable, Councilmember Kulikoff was acting solely as an individual, without any authorization or ratification by the City Council and contrary to the legitimate interests of the City.
Section 4. The City Council hereby censures Councilmember Kulikoff for the conduct described herein and expresses the strongest possible disapproval and disavowal thereof.
Section 5. The City Council regards Councilmember Kulikoff’s behavior, except while sitting with and as a member of the City Council, to be outside the course and scope of his performance as a member of the City Council.
Section 6. The City Council declares that Councilmember Kulikoff is not authorized by this City Council to represent, take action, or speak for or on behalf of the City Council under any circumstances or with any person, agency, or entity, including but not limited to employees of the City with respect to any matter which he otherwise represents to be the official position of the City Council, where a majority of the City Council has not otherwise taken an official position on such matter or matters.
Section 7. The City Council respectfully but earnestly requests and expects Councilmember Kulikoff to cease and desist from any improper and unprofessional conduct toward employees of the City. If Councilmember Kulikoff has any concern regarding the performance of the City Manager, he is expected to address such concerns privately with the City Manager or in a closed session convened to address the City Manager's performance. If Councilmember Kulikoff has any concern regarding the performance of any other City employee, he is expected to address such concerns privately with the City Manager.
Section 8. The City Council reaffirms its commitment to being a workplace free of discrimination, harassment, and retaliation and orders.
Section 9. It is the intent of the City Council, in the event of future improper and unprofessional conduct by Councilmember Kulikoff in violation of the terms of this Resolution, to pursue any and all legal remedies available by law to prohibit such conduct. 3 PASSED, APPROVED AND ADOPTED this 24th day of May 2022 by the following roll call vote:
AYES:
NOES:
ABSENT:
ATTEST:
______________________________
Jeanie O’Laughlin, Mayor
ATTEST:
_______________________________
Laurie Sutton, City Clerk
STATE OF CALIFORNIA )
COUNTY OF KERN ) SS
CITY OF CALIFORNIA CITY )
I, Laurie Sutton do hereby certify that I am the duly appointed City Clerk of the City of California City, and that the foregoing resolution was duly adopted at a regular meeting of the Mayor and City Council of the City of California City held on the 24th day of May 2022.
Laurie Sutton, City Clerk
APPROVED AS TO FORM
Victor Ponto, City Attorney
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