or chief executive officer.)
Steps to Take:
1. Find out what the complainant needs in the short-term to feel comfortable.
The city is not obligated to honor any request made by the complainant, but if there are reasonable steps such as a short stress leave, or removal of the complainant from a job duty that requires direct contact with the elected official, those options should be considered.
2. Speak with the councilmember. It is often more effective if the city attorney speaks with the councilmember alone (rather than with the city manager) to explain candidly the city’s potential liability without causing embarrassment to the councilmember. The key points to convey are (1) the nature of the allegations, (2) the city’s legal obligation to investigate the allegations, and (3) advice to cease contact with the complainant, to the extent possible, and not to take any action that could possibly be perceived as retaliatory.
3. Initiate an investigation by a third-party, neutral investigator. Investigating allegations made against an elected official should follow normal city policy, except that the elected official cannot be compelled to participate in the investigation. An investigation report should be prepared and the results should be shared first with the councilmember and then with the full city council. In most situations, it would also be appropriate to share the report with the City Manager.
4. If the allegations are sustained by the investigator, the city attorney or city manager should explain to the councilmember why such conduct puts the city at risk, and may put the councilmember individually at risk too.
5. If the allegations are sustained, the complainant’s supervisor, in consultation with the city manager, should determine what can be done to protect the complainant from future harassing conduct. The complainant’s input should be sought, and no action taken to protect them should appear punitive. For example, alteration of job duties may be considered, but only if the complainant wants that to occur.
[End of excerpt.]
The above steps are endorsed by the City Manager and City Attorney’s office and can be crafted to be included in a policy to be referenced and incorporated in the Code of Ethics if directed by the City Council.
Conclusion:
CITY COUNCIL AGENDA REPORT – MEETING OF FEBRUARY 22, 2022
PICO RIVERA CODE OF ETHICS AND CONDUCT POLICY
While the City Council has previously discussed possible changes to the City’s Code of Ethics, direction is still needed to develop consensus on the specific topics delineated above. Once those topics have been clarified, City Staff and the City Attorney can craft revised language for final City Council consideration.
City Manager Steve Carmona
City Attorney Arnold M. Alvarez-Glasman
SC:AMAG
Enclosures: 1) Attachment No. 1 - Resolution No. 7098 – Code of Ethics and Conduct Policy
2) Attachment No. 2 - Nepotism Policies
3) Attachment No. 3 - Revolving Door Statute and FPPC Information materials
Enclosure 1
Enclosure 2
Enclosure 3
COUNCIL
MEETING
DATE
COUNCIL
MEMBER
REQUEST DETAIL DIRECTOR(S)
ACTION TAKEN: Memo; Staff
Report; Closed Session;
Presentation; Follow-up
Meeting; City Manager
Reports; Informal Action
DISCUSSION
ITEM
ACTION
ITEM DATE
STATUS:
Complete;
Pending;
On-going;
In-Progress
3/23/2021 Lutz Explore Possible Dog Park P. Yugar Follow-up Meeting On-going City Council Translate the Profile into Both English &
Spanish
Direction provided to explore
maintaining 10 editions with
full Spanish translation and
potential digital only.
P. Yugar
Staff Report 7/13/2021
10/26/21
1/25/22
2/8/22
Completed
Lutz/Lara Research Development of Condos vs.
Apartments at the El Rodeo
Staff to provide a report to
City Council on the pros and
cons
M. Garcia
Memo
√
On-going
Lara/Elias Term limits Set 12-year term limits for
City Council Members A. Glasman Memo to City Council Nov '22 Pending Lara/Lutz Lobbying Ban Set 10-year policy for banning
lobbying contracts to former
employees and City officials
A. Glasman
Discussion 8/10/2021 Pending
Lutz/Lara Shopping Cart Ordinance Review ordinance M. Garcia Discussion 2/22/2022 8/24/2021 Pending Elias/Lara Code of Ethics Review policy A. Glasman Discussion 2/22/2022 10/26/2021 Completed 9/28/2021 Elias/Lutz Mayor Elias Resolutions Review current ordinances for updates A. Glasman 2/22/2022 10/26/2021 1/25/2022
Pending
10/26/2021 Sanchez/Lara Protestors Develop an ordinance protecting against bullying A. Glasman Pending
11/9/2021 Elias/Lara Veteran Resources Center Establish a Veterans Commission
M. Garcia
Discussion √ 12/14/2022 Completed
Lutz/Lara Beautification of City Ad Hoc Committee to discuss Good of the Order Future date Pending
GOOD OF THE ORDER
5/25/2021
7/13/2021
8/10/2021
12/14/2021
COUNCIL
MEETING
DATE
COUNCIL
MEMBER
REQUEST DETAIL DIRECTOR(S)
ACTION TAKEN: Memo; Staff
Report; Closed Session;
Presentation; Follow-up
Meeting; City Manager
Reports; Informal Action
DISCUSSION
ITEM
ACTION
ITEM DATE
STATUS:
Complete;
Pending;
On-going;
In-Progress
GOOD OF THE ORDER
Camacho/Lara Rename Street Suggest changing street name near the Sports Arena to
Avenida Vicente Fernandez
Road
Ad Hoc Committee Pending
1/11/2022
Elias/Lara Voting Materials Provide outreach material in Spanish to residents
Voting materials are supplied
by the County to the City for
posting on our social media.
Material is provided in both
Spanish and English.
In-Progress
Lara/Elias City Prosecutor City Attorney to research if the City can prosecute our
own misdemeanor crimes
A. Glasman
Discussion 2/8/2022 2/22/2022 Pending
Elias/Lara Rent Control Home and property
protection program
Discussion Pending
2/8/2022
Elias/Sanchez Heros Recognition Recognize organizations for their work during the
pandemic
1/25/2022
12/14/2021