Riverside City Council
December 12, 2023

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10· · · · · CITY OF RIVERSIDE
11· · · · · ·BOARD OF ETHICS
12· · · · · ·November 2, 2023
13· ·VIDEO SEGMENT 0:46:01 to 1:58:50
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·1· · · · · · ·(Beginning of Audio Recording)
·2· · · · · · ·CHAIR NEWMAN:· We are back.· We do have, the ·3· ·addition of Member Hill-Skinner here as well.· Made it ·4· ·just in time for our pre-conference.
·5· · · · · · ·So, I will, of course, call that pre-
·6· ·conference to order.· We do, of course, encourage
·7· ·public comment for this agenda item as with all our ·8· ·agenda items.· Again, if you would like to join,
·9· ·please call 669-900-6833.· Enter meeting ID
10· ·92696991265.· You'll press star 9 to be placed in the 11· ·queue to speak.
12· · · · · · ·And individuals in the queue will be
13· ·prompted to unmute by pressing star 6 to speak. I 14· ·will go ahead and read the Zoom since we have a pre- 15· ·conference tonight.· If you need to join us via Zoom. 16· ·The link is https://zoom.us/j/92696991265, and you 17· ·will raise hand function to request to speak, and
18· ·then, you may press unmute to speak when prompted. 19· · · · · · ·Public comments, again, as you all are
20· ·aware, are limited to three minutes only, please. I 21· ·will give that a few moments because there is a lag 22· ·and a delay for any public comment.· I will give it a 23· ·couple of minutes here.· No.· No hands, right.· Okay. 24· · · · · · ·All right.· Thank you.· So at this point, 25· ·again, just to state, we are starting the pre-
·1· ·conference Code of Ethics and conduct complaint filed ·2· ·by Ben Clymer Junior against Councilmember Cervantes. ·3· ·We do, at this point, ask complainants and respondents ·4· ·to identify themselves if they are in chamber.· Okay. ·5· · · · · · ·Noted that Member Cervantes -- Councilmember ·6· ·Cervantes is in chamber.· I do not show that the
·7· ·complainant themselves are here.· They did notify they ·8· ·had a conflict with the pre-conference, as well, and ·9· ·were not able to make the -- make the hearing.
10· · · · · · ·So we do have, under the Board of Ethics 11· ·Hearing Rules and Procedures Section 4B, the Board of 12· ·Ethics or hearing panel may grant a continuance on 13· ·their own motion.
14· · · · · · ·I do want to note this, at this point, just 15· ·so that we all keep that in mind for this pre-
16· ·complaint pre-conference.· We have a few things to go 17· ·through, but anyone can make a motion for a
18· ·continuance at any point, as well, during our pre- 19· ·conference.
20· · · · · · ·I will ask the Board of Ethics to discuss 21· ·and determine whether the complaint procedures which 22· ·are set forth in RMC section 2.78.070, written
23· ·complaint procedures of this chapter have been
24· ·followed.· City Clerk, can you confirm?
25· · · · · · ·CLERK GAUSE:· Yes.
·1· · · · · · ·CHAIR NEWMAN:· Okay.· Perfect.· I will now ·2· ·ask the Board of Ethics to discuss and determine
·3· ·whether the complaint is against a public official ·4· ·subject to the code, RMC 2.78.075.d.1.b.· So it's just ·5· ·a discussion on the complaint being against a public ·6· ·official.· Yes or no?
·7· · · · · · ·FEMALE VOICE:· Yes.
·8· · · · · · ·CHAIR NEWMAN:· Yes.· I see yeses everywhere. ·9· · · · · · ·Okay.· Also, we'll ask the Board of Ethics 10· ·to discuss and decide whether the complaint alleges a 11· ·violation to one or more prohibited conduct sections 12· ·of the code.
13· · · · · · ·So, again, keep in mind for alleged
14· ·violations, the complaint, 2.78.07M, the complaining 15· ·party must identify the specific sections of the
16· ·charter of City of Riverside, Riverside municipal
17· ·code, or the policy of the City of Riverside,
18· ·including when the policy of the City of Riverside was 19· ·established that is alleged to have been violated, and 20· ·the Board of Ethics must determine that complaint -- 21· ·that this requirement has been met by the complainant. 22· · · · · · ·I will note for our records, as well, that 23· ·there are parts of our code, RMC 2.78.060F, like
24· ·Frank, that if a complaint is pending before the FPPC 25· ·raising the same or similar violation based upon the ·1· ·same or similar facts, the Board of Ethics may defer ·2· ·action on such allegation until the completion of that ·3· ·FPPC action.
·4· · · · · · ·A ruling on the merits by the FPPC may be ·5· ·accepted by the Board of Ethics as a finding on the ·6· ·ethics complaint filed with the city.· So, there is a ·7· ·violation -- or sorry.· There is an allegation pending ·8· ·before that committee.
·9· · · · · · ·And so, you know, as far as discussion on 10· ·that fact, we don't have to take whatever the findings 11· ·are of the FPPC as our ruling, but allowing them to 12· ·conduct their own investigation kind of eases the
13· ·wheels for us as well.· There's a lot work to be done 14· ·on their side that, for myself, I'm leaning towards 15· ·deferring our complaint.
16· · · · · · ·And especially in the light of the fact that 17· ·we're really here to facilitate discussion of
18· ·potentially, you know, resolving this before it goes 19· ·to a full hearing, but also, pending the fact that 20· ·there is an allegation before the FPPC.· I --
21· · · · · · ·MEMBER FOREMAN:· I would agree with that, that 22· ·let's let them do their thing.· Let's see.· And you 23· ·know.
24· · · · · · ·CHAIR NEWMAN:· Okay.· Any other --
25· · · · · · ·MEMBER FOLEY:· Are you asking for a motion ·1· ·on this?
·2· · · · · · ·CHAIR NEWMAN:· I'm happy to make a motion. ·3· ·I don't know if the -- if anyone has any further
·4· ·discussion they'd like to have about that.
·5· · · · · · ·MEMBER BENSON:· I just have a question.
·6· · · · · · ·CHAIR NEWMAN:· Yes.
·7· · · · · · ·MEMBER BENSON:· So you're saying that
·8· ·there's a complaint with the same or similar violation ·9· ·or similar facts already pending before the FPPC.
10· · · · · · ·CHAIR NEWMAN:· Yeah.· Yeah.· And that -- 11· ·that was in our -- in our packet of the complaint. 12· ·It's -- it's noted there as well.· So -- so yes.
13· · · · · · ·MEMBER BENSON:· Okay.
14· · · · · · ·CHAIR NEWMAN:· So with that said, I
15· ·personally I'd like to make a motion to defer this 16· ·complaint.
17· · · · · · ·MEMBER FOREMAN:· Second.
18· · · · · · ·VICE CHAIR VEGA:· I second.
19· · · · · · ·CHAIR NEWMAN:· Oh.· Um-hum.· All right.
20· ·Okay.
21· · · · · · ·MEMBER FOLEY:· Are we going to vote?
22· · · · · · ·CHAIR NEWMAN:· Yes.· Madam,
23· · · · · · ·DEPUTY CITY ATTORNEY MERCER:· And just for a 24· ·point of clarification, because there are two facets 25· ·to the complaint.· There's one regarding a violation ·1· ·of state law and the other one is regarding the FPPC. ·2· ·The motion's just related to the FPPC.· Correct?
·3· · · · · · ·CHAIR NEWMAN:· Right.· Conflict of interest. ·4· ·So -- so, I do want to make a motion, but I'm going to ·5· ·amend my motion that I think we need to split this ·6· ·because there are three items on this complaint.
·7· · · · · · ·MEMBER BENSON:· That's why I was asking
·8· ·because it wasn't clear to me, but you said it was all ·9· ·in the pending one.· So that's why I was --
10· · · · · · ·CHAIR NEWMAN:· Apologies.· Yes.· No.· No. 11· ·There so there's three separate items on this
12· ·complaint, but I think that the ones that are being 13· ·reviewed by the other committee, you know, we should 14· ·defer.· So I will -- I will amend my motion to defer 15· ·those for the alleged violations.
16· · · · · · ·And then -- so let's -- let's vote on that 17· ·part as far as splitting this apart.
18· · · · · · ·CLERK GAUSE:· Madam Chair?
19· · · · · · ·CHAIR NEWMAN:· Yeah.
20· · · · · · ·CLERK GAUSE:· We want to be very clear in -- 21· · · · · · ·CHAIR NEWMAN:· Yes, ma'am.
22· · · · · · ·CLERK GAUSE:· -- in our actions.· And just 23· ·so that the public is clear, you noted that there -- 24· ·that the complainant is alleging three violations, but 25· ·the attorney and myself see that the complainant is ·1· ·alleging two violations, so we'll make sure that we ·2· ·have the record clear.· Is there -- do you see three ·3· ·violations or two violations?
·4· · · · · · ·MEMBER FOLEY:· I see two.
·5· · · · · · ·CHAIR NEWMAN:· Oh, sorry.· It was the -- ·6· ·yeah, it -- yeah.· It was the non-declaring of --
·7· · · · · · ·CLERK GAUSE:· So if you look in your packet ·8· ·on page 18 --
·9· · · · · · ·CHAIR NEWMAN:· Yeah.· M and F.· Right?
10· · · · · · ·MEMBER FOLEY:· Yeah.· There's only two.
11· · · · · · ·MEMBER BENSON:· Yeah.· That's what I see. 12· · · · · · ·MEMBER FOLEY:· Yes.· Two.
13· · · · · · ·CHAIR NEWMAN:· Okay.· And then we are
14· ·putting up for deferment M?
15· · · · · · ·CLERK GAUSE:· F as in Frank.
16· · · · · · ·CHAIR NEWMAN:· It's a night.
17· · · · · · ·MEMBER FOLEY:· Well, I have a question.· So 18· ·before we would defer F do we know if there's been a 19· ·finding or not?
20· · · · · · ·CHAIR NEWMAN:· No.· There's no -- it's just 21· ·now pending an investigation.
22· · · · · · ·MEMBER FOLEY:· Okay.
23· · · · · · ·MEMBER FOREMAN:· So do we use the buttons to 24· ·vote again?
25· · · · · · ·CHAIR NEWMAN:· Yes.· So clarification on -- ·1· ·we are deferring one of the two.
·2· · · · · · ·MEMBER BENSON:· And specifically F.· That's ·3· ·what you said.
·4· · · · · · ·CHAIR NEWMAN:· Specifically F.
·5· · · · · · ·MEMBER BENSON:· Okay.
·6· · · · · · ·VICE CHAIR VEGA:· F is the one that deals ·7· ·with the FPPC?
·8· · · · · · ·CHAIR NEWMAN:· Yes.
·9· · · · · · ·VICE CHAIR VEGA:· Okay.
10· · · · · · ·CLERK GAUSE:· Okay.· Thank you.· So the
11· ·motion on the floor is to defer the alleged violation 12· ·F, as in Frank, pending the FPPC ruling.
13· · · · · · ·CHAIR NEWMAN:· Yes.
14· · · · · · ·CLERK GAUSE:· Okay.· So you can use your 15· ·voting system.· Everyone?· There we are.· Thank you. 16· ·Motion carries, unanimous.
17· · · · · · ·CHAIR NEWMAN:· Okay.· Thank you.· All
18· ·righty.· So --
19· · · · · · ·MEMBER DEMONT:· Question.
20· · · · · · ·CHAIR NEWMAN:· Yes.
21· · · · · · ·MEMBER DEMONT:· And I have a question.· Is 22· ·there any, general timeline on some type of decision? 23· ·Or is it could be two minute -- two months.· It could 24· ·be six months.· It could be --
25· · · · · · ·CHAIR NEWMAN:· Yeah.· I guess we -- let's be ·1· ·very clear on that deferment is pending the findings ·2· ·of investigation for the FPPC.· Help, Brandon.· Help. ·3· · · · · · ·DEPUTY CITY ATTORNEY MERCER:· Yes.· To
·4· ·answer your question, it could take two months.· It ·5· ·could take six.· I mean, you're right.· I don't think ·6· ·it -- I don't know that it would take six months.
·7· · · · · · ·MEMBER DEMONT:· Okay.· Just wanted a
·8· ·ballpark.
·9· · · · · · ·DEPUTY CITY ATTORNEY MERCER:· But it
10· ·could -- I think two to three months is probably the 11· ·most realistic, but who knows, you know, with the
12· ·state.
13· · · · · · ·MEMBER DEMONT:· Thank you.
14· · · · · · ·FEMALE VOICE:· (Inaudible).
15· · · · · · ·MEMBER FOLEY:· We can't hear you.
16· · · · · · ·MEMBER HILL-SKINNER:· Sorry.· Might it be a 17· ·consideration that we're headed into the most time 18· ·consuming holiday season in the next several months, 19· ·which sometimes sets regular order into a different 20· ·schedule as well.· Would that be a consideration?
21· · · · · · ·DEPUTY CITY ATTORNEY MERCER:· It shouldn't, 22· ·but it could be.
23· · · · · · ·CHAIR NEWMAN:· You know, we can always,
24· ·agendize (sic) if it's really dragging on and we feel 25· ·that we want to move forward on our own and change our ·1· ·mind on the deferment.· The deferment will stand and ·2· ·we can revisit it.
·3· · · · · · ·So, you know, in fairness to the public as ·4· ·well, I agree if, obviously, if it's taking a year, I ·5· ·don't know that we want to just wait on another
·6· ·committee for a year to make a decision.· So, we can ·7· ·always circle back.
·8· · · · · · ·MEMBER HILL-SKINNER:· Okay.
·9· · · · · · ·CHAIR NEWMAN:· Okay.· Perfect.· Thank you. 10· ·So I think that one is checked off and done.· Discuss 11· ·whether the complainant alleges a violation of
12· ·prohibited conduct in the code.· We say yes.
13· · · · · · ·Next item, I will now ask the Board of
14· ·Ethics to discuss and decide whether the complaint 15· ·does not restate allegations of violations that were 16· ·the subject object of a previous complaint.· City
17· ·Clerk, any feedback on this as being any prior
18· ·complaint?
19· · · · · · ·DEPUTY CITY ATTORNEY MERCER:· Did you guys 20· ·have a discussion on the --
21· · · · · · ·CLERK GAUSE:· (Inaudible) discuss M still. 22· · · · · · ·DEPUTY CITY ATTORNEY MERCER:· M.· Yeah.· You 23· ·still have to discuss M.
24· · · · · · ·CHAIR NEWMAN:· Oh M.· Apology.· Oh, that's 25· ·what I thought I was doing by saying we had all said ·1· ·yes, but I guess we should discuss whether we say yes, ·2· ·that that is a violation for M was -- was noted in the ·3· ·complaint.
·4· · · · · · ·DEPUTY CITY ATTORNEY MERCER:· And if you, ·5· ·just for reference for everybody, on page 39 of the ·6· ·packet, that's where you'll find what a violation of M ·7· ·is.· And you might want to just read it out loud
·8· ·and -- or I could if you want me to.· It's up to you. ·9· · · · · · ·FEMALE VOICE:· I have it right here.
10· · · · · · ·CHAIR NEWMAN:· I will get --
11· · · · · · ·MEMBER FOLEY:· Or you want to read it? I 12· ·have it.
13· · · · · · ·CHAIR NEWMAN:· Yep.· So, M -- oh, did you 14· ·say 39?· Go ahead -- oh, violations of federal, state, 15· ·or local law prohibited.· No public official of the 16· ·City of Riverside shall intentionally or repeatedly 17· ·violate the charter of the City of Riverside, the
18· ·Riverside Municipal Code, or any established policies 19· ·of the City of Riverside affecting the operation of 20· ·local government or be convicted of violation of any 21· ·state or federal law pertaining to the office which 22· ·they hold.
23· · · · · · ·So, you know, part of our -- we need to
24· ·discuss whether the evidence have (sic) taken is true, 25· ·obviously, and if it was the specific violation called ·1· ·out, if -- if there was a violation called out in the ·2· ·complaint that reflects violating any of these items ·3· ·in Section M.
·4· · · · · · ·MEMBER FOREMAN:· I had a question.· I'm -- ·5· · · · · · ·CHAIR NEWMAN:· Yes.
·6· · · · · · ·MEMBER FOREMAN:· I'm bothered that the
·7· ·complainant is not here because I wanted to ask him, ·8· ·specifically, on the end of that sentence -- and I got ·9· ·to put on my reading glasses.· Let's see.· Or any
10· ·established policies of the City of Riverside
11· ·affecting the operations of local government or be 12· ·convicted of violation of any state or federal law 13· ·pertaining to the office which they hold.
14· · · · · · ·My question is, did these violations that 15· ·he's documented, do they pertain to the office which 16· ·she holds.
17· · · · · · ·CHAIR NEWMAN:· Right.
18· · · · · · ·MEMBER FOREMAN:· That's my big question. 19· ·They don't seem to be related to me.· They don't -- it 20· ·seems like a totally unrelated thing.
21· · · · · · ·MEMBER FOLEY:· I, yeah, I have the same
22· ·feeling as she does.· I'm disappointed that the
23· ·complainant isn't here, so that we can ask those
24· ·questions, but I do have questions that we can ask the 25· ·respondent if we're permitted to do that some point. ·1· · · · · · ·CHAIR NEWMAN:· At some point.
·2· · · · · · ·MEMBER FOLEY:· Right.
·3· · · · · · ·CHAIR NEWMAN:· Yes.· We are coming to that. ·4· ·But right now, we are just -- well, we're -- we're -- ·5· ·oh, can we ask -- can we discuss -- no?· Brandon?
·6· · · · · · ·DEPUTY CITY ATTORNEY MERCER:· I think that's ·7· ·reserved for after she makes her statement.
·8· · · · · · ·CHAIR NEWMAN:· Okay.· Right.· Okay.· So it's ·9· ·basically --
10· · · · · · ·DEPUTY CITY ATTORNEY MERCER:· Right now, 11· ·we're just looking at the wording of the complaint and 12· ·the wording of the violation and see if there's a
13· ·violation.
14· · · · · · ·MEMBER FOLEY:· Don't -- don't forget that 15· ·led us to a procedural error on another one.· Just 16· ·reminding us.· The -- I would like to say I'm in
17· ·agreement.· I say no.· I don't think that it does. 18· · · · · · ·MEMBER FOREMAN:· I feel very strongly about 19· ·that.· That wording, specifically, refers to the
20· ·offender doing something related to their office. I 21· ·don't see that the DUIs that he calls out have any 22· ·relation to her office.
23· · · · · · ·CHAIR NEWMAN:· Okay.· So let's go ahead
24· ·and -- and state for the public and -- and for
25· ·ourselves just to make sure we're all on the same
·1· ·page.· The -- it would be -- so M, violation of
·2· ·federal, state, or local law is what stated in the ·3· ·complaint, specifically.· Misdemeanor, guilty plea, ·4· ·conviction of VCM 23152A, driving under the influence, ·5· ·misdemeanor, guilty plea, and conviction of VCM
·6· ·23152B, driving under the influence, BAC .08 or
·7· ·higher.· Those are the specific ones called out for M, ·8· ·and it says violations of federal, state, or local ·9· ·law.· That's it.· It does not continue on with the 10· ·rest of the statement in the Code of Ethics.
11· · · · · · ·For 7, the facts that are listed, facts of 12· ·City Code of Ethics conduct violation fates (sic) -- 13· ·federal, state, or local law.· On July 21, 2023,
14· ·Councilmember Claire Cervantes was arrested for
15· ·driving under the influence, BAC .08 or higher.· She 16· ·issued guilty pleas.· Convicted of both charges,
17· ·August 30.· Her summary probation was granted for a 18· ·period of 36-month on the attached terms and
19· ·conditions.
20· · · · · · ·That's the only thing stated in the
21· ·complaint itself.· I don't see myself either where 22· ·they are addressing convicted of violation of any
23· ·state or federal law pertaining to the office which 24· ·they hold.· So that was not a full sentence.
25· · · · · · ·MEMBER DEMONT:· I would like to point out ·1· ·that it says "or".
·2· · · · · · ·CHAIR NEWMAN:· Or be convicted.· Right?
·3· ·So --
·4· · · · · · ·MEMBER DEMONT:· Yes.· "Or"· Not -- you know, ·5· ·"or".· So it's like one or the other.· It doesn't have ·6· ·to be -- that's not Inclusive.· It doesn't have to be ·7· ·part of the violations.
·8· · · · · · ·CHAIR NEWMAN:· No.· So -- so --
·9· · · · · · ·MEMBER DEMONT:· It can be "or".· I just
10· ·wanted to point that out.
11· · · · · · ·CHAIR NEWMAN:· No.· So that "or",
12· ·specifically, is no public official shall
13· ·intentionally or repeatedly violate charter, municipal 14· ·code, or policy -- or any policies of City of
15· ·Riverside affecting the operations of local government 16· ·or be convicted of violation of state or federal law 17· ·pertaining to the office that they hold.
18· · · · · · ·There's no "or" regarding pertaining to the 19· ·office.· This is just either the code, the charter, or 20· ·the policies that affect operation and local
21· ·government.
22· · · · · · ·MEMBER DEMONT:· So any one of the three. 23· ·Correct?
24· · · · · · ·FEMALE VOICE:· It's just two.
25· · · · · · ·MEMBER DEMONT:· Or the two.
·1· · · · · · ·CHAIR NEWMAN:· So it's -- those are all
·2· ·together.· The -- the -- the code, the charter, and ·3· ·the policies as one item, or be convicted of violation ·4· ·of state or federal law pertaining to the office which ·5· ·they hold.
·6· · · · · · ·MEMBER DEMONT:· But I'd like to point now ·7· ·that it's not "and".
·8· · · · · · ·CHAIR NEWMAN:· Right.· Right.
·9· · · · · · ·MEMBER DEMONT:· It's "or".· That's my point. 10· · · · · · ·CHAIR NEWMAN:· And -- and -- and the -- and 11· ·the complainant, to be fair, is only addressing that 12· ·they feel there was a violation of state or federal 13· ·law, which that's not the point that we're arguing 14· ·here or debating here whether there was a violation of 15· ·state or federal law.· To Foreman's statement, the 16· ·part that she has issue with and as well Member Foley 17· ·is that this specific conduct or code that is here, 18· ·the full sentence stating violation of state or
19· ·federal law pertaining to the office that they hold. 20· · · · · · ·MEMBER FOLEY:· And I would like to add that 21· ·in the prior sentence, it says "or any established 22· ·policies of the City of Riverside affecting the
23· ·operations of local government".
24· · · · · · ·So it's really saying that there has to be 25· ·an impact on or a relationship to the job for which ·1· ·you are performing.· And, also, there is
·2· ·intentionally -- that is very purposely because I
·3· ·remember we rewrote this language intentionally or ·4· ·repeatedly violating the law.
·5· · · · · · ·CHAIR NEWMAN:· So, well, Freya, this is
·6· ·saying intentionally repeating -- violating the
·7· ·charter, the code, or the policies.
·8· · · · · · ·MEMBER FOLEY:· Right.
·9· · · · · · ·CHAIR NEWMAN:· And then the next statement 10· ·after that is conviction of violation --
11· · · · · · ·MEMBER FOLEY:· Right.
12· · · · · · ·CHAIR NEWMAN:· -- of federal or state law. 13· ·So they're separate, and it's -- the "repeatedly"
14· ·part, I think, apply -- this is one of the things that 15· ·we may want to discuss in our re-review of our, you 16· ·know, Code of Ethics for the annual review because I 17· ·don't know if this should be really a semicolon, where 18· ·we're separating this out from this intentionally and 19· ·repeatedly, or we're just saying a conviction of
20· ·violation of state or federal law.
21· · · · · · ·Regardless of whether it's this one or this, 22· ·where -- how -- where that "or" falls, the full
23· ·sentence on violation of state and federal law --
24· · · · · · ·MEMBER FOLEY:· Right.
25· · · · · · ·CHAIR NEWMAN:· -- needs to pertain to the ·1· ·office which they hold.
·2· · · · · · ·MEMBER FOLEY:· Correct.· I agree.· But the ·3· ·reason we added repeatedly was that that wasn't in ·4· ·there originally, and any little violation we were ·5· ·having people bring forward.
·6· · · · · · ·CHAIR NEWMAN:· Right.
·7· · · · · · ·MEMBER FOLEY:· And so the language of
·8· ·intentionally and repeatedly was added so that, you ·9· ·know, you might make a mistake.· You know?· None of us 10· ·are perfect or godlike.· So, you know, you could make 11· ·a mistake.
12· · · · · · ·CHAIR NEWMAN:· Um-hum.
13· · · · · · ·MEMBER FOLEY:· It's -- so -- but if you
14· ·repeatedly or intentionally repeatedly, that was the 15· ·part of that, but also it had to pertain to your -- 16· ·your -- your government function.
17· · · · · · ·MEMBER HILL-SKINNER:· So for my own
18· ·clarification, is this discussion about clarity and 19· ·identification, the nexus of the behavior in
20· ·relationship to the specific duties that can be, for 21· ·lack of a better word, umbrellaed.· Umbrellaed. I 22· ·can't say that word right now.· In relation to the 23· ·City of Riverside.· Is that the nexus we're trying to 24· ·clarify to make sure that the complaint leads to that 25· ·with a clear -- clear line?· Is that -- is that what ·1· ·we're doing?
·2· · · · · · ·MEMBER FOREMAN:· If I understand your
·3· ·question, it's like, are we keying in on the ID -- are ·4· ·we really trying to identify that whether or not it ·5· ·related to her duties as a city councilwoman.· Is that ·6· ·the question?· Is that what you're asking us?
·7· · · · · · ·MEMBER HILL-SKINNER:· That what you're
·8· ·asking?· Because if it's not directly related, then ·9· ·it's -- then it's a matter of personal conduct and 10· ·character.· So is, you know, is that the purview of 11· ·this?
12· · · · · · ·MEMBER BENSON:· Well, I don't think we know. 13· ·I don't think we know the motivation.
14· · · · · · ·CHAIR NEWMAN:· This is just the pre-
15· ·conference?
16· · · · · · ·MEMBER BENSON:· Right.· We don't know that 17· ·from the complainant or the respondent.
18· · · · · · ·MEMBER HILL-SKINNER:· Okay.· So I'm trying 19· ·to suss out what this conversation is about.· Is it 20· ·about making sure there's a -- there is that
21· ·connection or nexus?
22· · · · · · ·MEMBER FOLEY:· I think what we're trying to 23· ·determine is whether or not the suggest- -- the
24· ·alleged ethics code violations are supported by the 25· ·evidence that has been submitted.
·1· · · · · · ·CHAIR NEWMAN:· If taken as true.· So we -- ·2· · · · · · ·MEMBER FOLEY:· If taken as true.
·3· · · · · · ·CHAIR NEWMAN:· We have to -- we have to
·4· ·assume what we're given at this point is true.· We can ·5· ·dig into the validity of the arguments and the
·6· ·validity of the evidence during an actual hearing. ·7· ·But if we're saying that what we have been presented ·8· ·is factual, we're assuming it is.· Do we move to
·9· ·continue on to have a hearing?
10· · · · · · ·MEMBER FOREMAN:· I think that, we've looked 11· ·at this -- we've read this statement over and over and 12· ·the "ors" and all the words, and it seems like this 13· ·does not match Item M.· It does not fit the language 14· ·of violating Item M.· We've looked at it under a
15· ·microscope.
16· · · · · · ·CHAIR NEWMAN:· Even if taken as true.
17· · · · · · ·MEMBER FOREMAN:· Even -- yeah.· It's true. 18· ·She had DUIs.· Yes.· We've got those.· They have been 19· ·in the news.· They were documented.· Doesn't have
20· ·anything to do with her duties, or whatever that
21· ·wording is, pertaining to the office which she holds. 22· ·You know?· There's not -- no.· It doesn't matter.· It 23· ·doesn't -- it doesn't meet that.· I'm just saying I 24· ·don't think M has not been met.
25· · · · · · ·MEMBER FOLEY:· I Agree.
·1· · · · · · ·MEMBER FOREMAN:· Right across the board. ·2· · · · · · ·MEMBER BENSON:· I don't know.
·3· · · · · · ·MEMBER FOREMAN:· How bad is it?
·4· · · · · · ·CHAIR NEWMAN:· I agree, but that -- this is ·5· ·why -- this is why we -- we vote.· And if we don't ·6· ·have votes, then we continue discussing until we
·7· ·either decide or don't decide.· So --
·8· · · · · · ·MEMBER BENSON:· I need more information. I ·9· ·don't think I'm able to vote.
10· · · · · · ·MEMBER FOLEY:· So then the answer is yes, we 11· ·need to continue to --
12· · · · · · ·MEMBER FOREMAN:· I'm just curious what kind 13· ·of information you would want, and would have mattered 14· ·if the complainant was here to would it be something 15· ·you would ask him?
16· · · · · · ·MEMBER BENSON:· Absolutely.
17· · · · · · ·MEMBER FOREMAN:· Okay.
18· · · · · · ·CHAIR NEWMAN:· All right --
19· · · · · · ·MEMBER BENSON:· Or the respondent.· But what 20· ·I'm saying is to just say -- I feel like we're making 21· ·determinations and putting things into evidence that 22· ·we don't know.· We don't know things.· So in order for 23· ·us to know, we would have to ask some questions.
24· ·So --
25· · · · · · ·CHAIR NEWMAN:· So you're not clear whether a ·1· ·DUI is pertaining to the office which she holds.
·2· · · · · · ·MEMBER BENSON:· That's right.· I'm not clear ·3· ·on that.
·4· · · · · · ·CHAIR NEWMAN:· Okay.
·5· · · · · · ·MEMBER FOREMAN:· Would that be a matter for ·6· ·them trying asking to reschedule this until the
·7· ·complainant is here or is --
·8· · · · · · ·CHAIR NEWMAN:· Right.· And that was on the ·9· ·table from the beginning that we can ask --
10· · · · · · ·MEMBER FOLEY:· We can ask the respondent 11· ·certain questions, I think, that would clarify.
12· · · · · · ·MEMBER BENSON:· Exactly.· I agree.
13· · · · · · ·MEMBER FOLEY:· And so if we're going to
14· ·have -- just because the complainant isn't here to put 15· ·on their ten-minute program, she's here, and we could 16· ·ask her to, you know, do hers and then ask questions 17· ·if we want.
18· · · · · · ·MEMBER BENSON:· Exactly.
19· · · · · · ·(Overlapping voices)
20· · · · · · ·CHAIR NEWMAN:· We're supposed to follow this 21· ·thing in order, but I know that we do have an
22· ·opportunity for -- Board Member --
23· · · · · · ·MEMBER DEMONT:· We'd like we'd like to move 24· ·to table this until the gentleman can be here.
25· · · · · · ·CHAIR NEWMAN:· Deferment?
·1· · · · · · ·MEMBER DEMONT:· Yes.
·2· · · · · · ·CHAIR NEWMAN:· I'm open to deferment. I ·3· ·think a lot of us are open to deferment.
·4· · · · · · ·MEMBER FOREMAN:· Could we --
·5· · · · · · ·CHAIR NEWMAN:· Even for M as well.
·6· · · · · · ·MEMBER FOREMAN:· Yeah.· Although, I'm
·7· ·wondering if we could ask the councilmember, who's ·8· ·here, if she would like to speak.· Does that
·9· ·legally --
10· · · · · · ·(Overlapping voices)
11· · · · · · ·CHAIR NEWMAN:· Brandon, that's -- we've been 12· ·nicked in the past for not following procedure and 13· ·process and protocol in this -- in the way that it's 14· ·supposed to be set out during our hearings, and they 15· ·come back around.· So I don't want --
16· · · · · · ·MEMBER FOREMAN:· What are we supposed to do? 17· · · · · · ·MEMBER BENSON:· But the complainant had an 18· ·opportunity to be here.· Right?· And they can be here 19· ·or not.· Right?
20· · · · · · ·CHAIR NEWMAN:· Correct.
21· · · · · · ·MEMBER BENSON:· But I feel like the
22· ·respondent is here, and I don't feel like it's right 23· ·to her to have to wait when she's here and ready to 24· ·tell us, talk to us today.
25· · · · · · ·MEMBER FOREMAN:· I'd like to hear from her. ·1· · · · · · ·MEMBER BENSON:· I don't think that's right. ·2· · · · · · ·CHAIR NEWMAN:· Right.· I -- well, I
·3· ·understand, but we have process and policies and
·4· ·procedure that we have to follow.· Whether it's fair ·5· ·or not is irrelevant because we have to follow
·6· ·whatever the letter of what we've written out is
·7· ·there.
·8· · · · · · ·MEMBER BENSON:· No, I'm saying, doesn't our ·9· ·procedure allow for that?
10· · · · · · ·CHAIR NEWMAN:· That's what I'm so -- hold 11· ·on.· That's why I'm trying to get Brandon's feedback, 12· ·please, so that we can follow exactly what we need to 13· ·do to not mess this up.
14· · · · · · ·DEPUTY CITY ATTORNEY MERCER:· Yeah.· This -- 15· ·can we take a recess so I can look it up?· Because the 16· ·code is pretty lengthy, and I do not have it
17· ·memorized.· So I suggest maybe we take a five or ten- 18· ·minute recess.
19· · · · · · ·CHAIR NEWMAN:· Okay.· Councilmember, I'm 20· ·very sorry to drag on your evening, but I really would 21· ·like to not have this come back around, and we want to 22· ·get it completely dealt with, one go.
23· · · · · · ·COUNCILMEMEMBER CERVANTES:· (Inaudible). 24· · · · · · ·CHAIR NEWMAN:· Perfect.· Yes.· I appreciate 25· ·that.· I thought you might be.· But, yes.· Let's
·1· ·recess for a little bit and give our city attorney a ·2· ·chance to direct us in the right light.· Member De ·3· ·Herrera, do you have --
·4· · · · · · ·MEMBER DE HERRERA:· May we recess till 6:30? ·5· · · · · · ·CHAIR NEWMAN:· Yes.
·6· · · · · · ·MEMBER DE HERRERA:· Thank you.
·7· · · · · · ·MEMBER FOREMAN:· So is the issue that we're ·8· ·not sure if she's allowed to come up and speak yet? ·9· ·Is that the issue?
10· · · · · · ·MEMBER FOLEY:· Right now, we're in recess. 11· · · · · · ·MEMBER BENSON:· We've got to follow the rule 12· ·and make sure.· I don't see why she can't because
13· ·(inaudible).
14· · · · · · ·MEMBER FOREMAN:· Yeah.· That's what I'm
15· ·asking is that -- is that -- we're not sure about
16· ·that?· We're not sure that she's allowed to come up 17· ·and speak to us now.
18· · · · · · ·CHAIR NEWMAN:· Well, I don't know if -- I 19· ·don't know if what we need to do is say that we can't 20· ·move forward with this.· We have to check off each of 21· ·the items to process the complaint throughout to the 22· ·pre-hearing.· And then once we process the items that 23· ·are provided in the complaint and say, yes.· We
24· ·received X, yes, we received Y, once we check all
25· ·those off, then we move into, you know, presentation ·1· ·from the complainant, presentation from the defendant, ·2· ·and all of that.· So --
·3· · · · · · ·MEMBER HILL-SKINNER:· Given the type of
·4· ·questions, I think we would be well advised to give ·5· ·the city attorney the time that he requested.· It's ·6· ·just a short recess --
·7· · · · · · ·CHAIR NEWMAN:· Agreed.
·8· · · · · · ·MEMBER HILL-SKINNER:· -- to make sure -- ·9· · · · · · ·MEMBER FOLEY:· Do we have a motion for that, 10· ·or can we just say it?
11· · · · · · ·CLERK GAUSE:· It's at the pleasure of the 12· ·chair.
13· · · · · · ·CHAIR NEWMAN:· Calling recess.
14· · · · · · ·(Recess)
15· · · · · · ·CHAIR NEWMAN:· Hello, all.· Okay.· Back from 16· ·our recess, giving city attorney time to look over the 17· ·policy for us to follow this procedure to the letter, 18· ·and can we move forward from this to hear statements? 19· · · · · · ·DEPUTY CITY ATTORNEY MERCER:· So I just want 20· ·the record to be really clear on why I'm going to say 21· ·what I'm going to say.
22· · · · · · ·CHAIR NEWMAN:· Take all the time you want. 23· · · · · · ·DEPUTY CITY ATTORNEY MERCER:· Mr. Clymer is 24· ·not here.· My concern was the code is very specific 25· ·when the complainant and respondent on can address the ·1· ·board and make their presentations.· And the question ·2· ·was whether or not you can ask the questions of the ·3· ·respondent at any time.· And I just wanted to make ·4· ·sure there wasn't a time limitation.
·5· · · · · · ·I just want to refer, just for the record, ·6· ·that what I looked at was the Board of Ethics Hearing ·7· ·Rules and Procedures, specifically Section 3, which is ·8· ·pre-conference, subsection M, and it states any member ·9· ·of the Board of Ethics may ask questions of either 10· ·party during the pre-conference, and there's no
11· ·limitation.
12· · · · · · ·There's nothing in there that says this must 13· ·occur after Step 5 or Step 7 or what have you, and 14· ·that's why I just wanted to make sure that there
15· ·wasn't any qualifier.· And, yes, you may ask the
16· ·respondent questions.
17· · · · · · ·CHAIR NEWMAN:· Perfect.· We appreciate that 18· ·very much.· So since the complainant is not here and 19· ·we may not address it, I understand that Dr. Benson 20· ·has questions for our respondent.
21· · · · · · ·MEMBER FOLEY:· I do as well.
22· · · · · · ·CHAIR NEWMAN:· Okay.· One at a time, ladies. 23· ·Okay.· We'll start off with Dr. Benson.
24· ·Councilmember, would you come forward.
25· · · · · · ·COUNCILMEMBER CERVANTES:· Good evening.
·1· · · · · · ·CHAIR NEWMAN:· Good evening.· Thank you so ·2· ·much for being here.· We appreciate you taking time to ·3· ·come and talk to us.
·4· · · · · · ·COUNCILMEMBER CERVANTES:· Thank you.
·5· · · · · · ·CHAIR NEWMAN:· I would say the same to the ·6· ·complainant, of course, because this is obviously all ·7· ·on everyone's personal time, but go ahead.
·8· · · · · · ·MEMBER BENSON:· So my question would be, to ·9· ·get more clarity on parts of M, what were the
10· ·circumstances around the convictions?
11· · · · · · ·COUNCILMEMBER CERVANTES:· Well, if I could 12· ·share, too, I did have a brief statement, and I think 13· ·it could hopefully clarify some of the questions that 14· ·have come up.· And I think it could answer your
15· ·question as well.
16· · · · · · ·And I just want to share that I have this -- 17· ·first, I want to thank you for the opportunity to come 18· ·before you here today.· I do not believe this
19· ·complaint qualifies for the hearing due to what is 20· ·listed in our code.· This does not apply to Section M, 21· ·as I did not intentionally or repeatedly violate any 22· ·items listed in this section, nor does it pertain to 23· ·the office which I hold.
24· · · · · · ·Many of you may be aware, but that
25· ·alcoholism is a disease, and I've taken significant ·1· ·steps to address this including, but not limited to, ·2· ·entering an intensive recovery program, which I
·3· ·completed in August.· I stand before you today 124 ·4· ·days sober, which is four months and one day.· This ·5· ·was a temporary issue that's been addressed, and this ·6· ·has not been an issue since I've held elected office ·7· ·nor does it pertain to the office which I hold today. ·8· · · · · · ·I stand before you today, healthy, strong, ·9· ·and more effective than ever.· Furthermore, the
10· ·complaint party was not a witness to this event, as it 11· ·is -- as it occurred outside the city limits, which 12· ·does not meet the code ordinance and qualifications to 13· ·file a complaint, and I would respectfully ask the 14· ·board to dismiss the item.
15· · · · · · ·MEMBER BENSON:· So this wasn't, like, during 16· ·your workday or anything like that?
17· · · · · · ·COUNCILMEMBER CERVANTES:· No, ma'am.· It did 18· ·not --
19· · · · · · ·CHAIR NEWMAN:· Representing the city, I
20· ·think, is what she's --
21· · · · · · ·MEMBER BENSON:· Yeah, that's what I'm
22· ·saying.
23· · · · · · ·COUNCILMEMBER CERVANTES:· Correct.· No.· No. 24· ·This was not.· This was after hours, and the report 25· ·shows it happened -- it was around, roughly, 1:00 a.m. ·1· ·in the morning.
·2· · · · · · ·MEMBER BENSON:· Okay.
·3· · · · · · ·CHAIR NEWMAN:· Member Foley?
·4· · · · · · ·MEMBER FOLEY:· Yes.· Councilmember
·5· ·Cervantes, since you've had those DUIs, have you
·6· ·conducted Ward 2 community meetings?
·7· · · · · · ·COUNCILMEMBER CERVANTES:· Absolutely.· We've ·8· ·been extremely busy in the office of Ward 2, and I've ·9· ·continued to fulfill my many obligations as a
10· ·councilmember and have been here, as well, for all of 11· ·the council meetings that I've needed to attend.
12· · · · · · ·I only did miss two when I was in that
13· ·intensive recovery program, which I had -- I had
14· ·shared to make sure that the mayor knew I was going to 15· ·be absent those two times, but I did not miss any more 16· ·meetings that was required for me to ensure I could 17· ·fulfill my duties.
18· · · · · · ·MEMBER FOLEY:· So it's your testimony then 19· ·that your -- you've gone to your city council
20· ·meetings, that you participated in votes that were 21· ·critical to Ward 2, that you've been -- have you been 22· ·available to the Ward 2 citizens?
23· · · · · · ·COUNCILMEMBER CERVANTES:· Yes.· Absolutely. 24· ·I pride myself in being responsive and accessible to 25· ·our community, and I'm very, very proud that that has ·1· ·been confirmed by my residents that I have continued ·2· ·to fulfill the obligations as their elected
·3· ·councilmember.
·4· · · · · · ·MEMBER FOLEY:· And have you conducted any ·5· ·board meetings in the -- not board meetings.· I'm
·6· ·sorry.· Any local community meetings in Ward 2?
·7· · · · · · ·COUNCILMEMBER CERVANTES:· Yes.· We've had ·8· ·many community meetings in Ward 2.· We hold regularly ·9· ·our Eastside Neighborhood Forum.· We have also our 10· ·Sycamore Canyon neighborhood meeting.· We have Lincoln 11· ·Park neighborhood meeting, University Neighborhood 12· ·Association.· So I have about four to five
13· ·neighborhood meetings a month, which I attend.
14· · · · · · ·MEMBER FOLEY:· Okay.· And has any member of 15· ·Ward 2, any one of your constituents, come and said 16· ·that you having a DUI has prevented you from doing 17· ·your work with them?
18· · · · · · ·COUNCILMEMBER CERVANTES:· No.· I mean,
19· ·there -- I will be candid.· There's -- we had in the 20· ·beginning, there was one or two public comments and, 21· ·you know, I felt -- rightfully, I will say people -- 22· ·some people were upset, but I have not personally
23· ·heard anyone tell me directly that this has impacted 24· ·my -- my ability to do my job.
25· · · · · · ·MEMBER FOLEY:· Okay.
·1· · · · · · ·COUNCILMEMBER CERVANTES:· I think there was ·2· ·one public comment with the gentleman who made a
·3· ·statement to some degree, but I have not heard that ·4· ·from the vast residents.· I've actually had folks been ·5· ·very supportive and who have asked me to stay in their ·6· ·space as their elected representative, and that they ·7· ·are here to support me through this.
·8· · · · · · ·CHAIR NEWMAN:· Okay.· Member Foreman was ·9· ·next and then Hill-Skinner.
10· · · · · · ·MEMBER FOREMAN:· Actually, you already
11· ·answered my question.· Dr. Benson asked it, which was 12· ·during the, you know, any of your duties as --
13· ·that's -- that's been answered.· So that was my
14· ·question.
15· · · · · · ·COUNCILMEMBER CERVANTES:· Thank you.
16· · · · · · ·CHAIR NEWMAN:· Hill-Skinner?
17· · · · · · ·MEMBER HILL-SKINNER:· Thank you for being 18· ·here this evening.· Are you aware of and are you able 19· ·to share with us how the complainant, Mr. Clymer,
20· ·became aware of these incidences?
21· · · · · · ·COUNCILMEMBER CERVANTES:· I am not aware, 22· ·and I do not know, other than perhaps just from public 23· ·news other than -- but I am not aware how he became 24· ·aware of this.
25· · · · · · ·MEMBER HILL-SKINNER:· Thank you.
·1· · · · · · ·COUNCILMEMBER CERVANTES:· Um-hum.
·2· · · · · · ·CHAIR NEWMAN:· Okay.· Any other questions ·3· ·that we would like to address to councilmember?
·4· · · · · · ·VICE CHAIR VEGA:· I have a question.· And ·5· ·you mentioned that you had missed two meetings, and ·6· ·this was during your process for rehabilitation,
·7· ·right?· So these other meetings, too, in the community ·8· ·as well, did you miss any of those too or --
·9· · · · · · ·COUNCILMEMBER CERVANTES:· No, and I will say 10· ·I'm really grateful that I'm -- had my council
11· ·representative, who was able to continue to represent 12· ·the office while I was absent during that time, so we 13· ·continued to provide constituent services.
14· · · · · · ·And even during that time that I was -- even 15· ·though I was completely really focused in my
16· ·rehabilitation program, I did still have some hours 17· ·where we had limited device time, and I still
18· ·continued to check-in with the office and make sure if 19· ·there were any items they needed to hear from me on or 20· ·if we needed to provide direction, I still continued 21· ·to fulfill my duties and obligation as a council
22· ·member.
23· · · · · · ·VICE CHAIR VEGA:· So you had your staff
24· ·people --
25· · · · · · ·COUNCILMEMBER CERVANTES:· Yes.
·1· · · · · · ·VICE CHAIR VEGA:· -- work with the
·2· ·community --
·3· · · · · · ·COUNCILMEMBER CERVANTES:· Yes.
·4· · · · · · ·VICE CHAIR VEGA:· -- in your -- in your
·5· ·absence?
·6· · · · · · ·COUNCILMEMBER CERVANTES:· Yes.· And they ·7· ·communicated, relayed information to me.· And if they ·8· ·ever had questions on what steps we had to do to move ·9· ·forward, I was still able to provide the direction 10· ·that I needed to as a council member.
11· · · · · · ·VICE CHAIR VEGA:· Okay.· Um-hum.· Thank you. 12· · · · · · ·COUNCILMEMBER CERVANTES:· Yes.· Thank you. 13· · · · · · ·CHAIR NEWMAN:· Okay.· Thank you so much, 14· ·councilwoman.· I don't have any questions myself, as 15· ·well, and I think you've, you know, been very candid 16· ·in -- in providing us with the information and
17· ·clarification we were asking for.· So I appreciate 18· ·that very much.· If you'd go ahead and take your seat, 19· ·and we will finish out this discussion and vote on 20· ·Item 6.· I don't know.· This -- this item.
21· · · · · · ·I will now ask the Board of Ethics to
22· ·discuss and decide whether the complaint alleges a 23· ·violation of one or more prohibited conduct sections 24· ·of the code.
25· · · · · · ·MEMBER FOREMAN:· Yes, it does.· Right? I ·1· ·mean, it does allege those violations so that they've ·2· ·checked that box.
·3· · · · · · ·MEMBER FOLEY:· Can you repeat that question ·4· ·for me?· I'm a little confused.
·5· · · · · · ·CHAIR NEWMAN:· The Board of Ethics is to ·6· ·decide whether the complaint alleges a violation of ·7· ·one or more prohibited conduct sections of the code. ·8· · · · · · ·MEMBER FOLEY:· Yeah.
·9· · · · · · ·MEMBER BENSON:· Yes.
10· · · · · · ·MEMBER FOREMAN:· Do we need to vote on that? 11· · · · · · ·MEMBER FOLEY:· I don't think so.· We do? 12· · · · · · ·CHAIR NEWMAN:· Yes.· We do.
13· · · · · · ·MEMBER FOREMAN:· Can we use the buttons? 14· · · · · · ·MEMBER HILL-SKINNER:· I still need a tiny 15· ·bit of clarification that question because the way I'm 16· ·hearing it, I think, is different than the way you're 17· ·asking it.
18· · · · · · ·CHAIR NEWMAN:· I'm asking it exactly as it's 19· ·written.
20· · · · · · ·MEMBER FOREMAN:· It's asking, basically, did 21· ·they check all the boxes on the complaint form?
22· · · · · · ·CHAIR NEWMAN:· Did they check the box on the 23· ·complaint?
24· · · · · · ·MEMBER HILL-SKINNER:· Okay.· That's it then. 25· ·We'll blame it on COVID still.
·1· · · · · · ·CHAIR NEWMAN:· Okay.· Madam Chair (sic), can ·2· ·we go ahead and initiate the vote?
·3· · · · · · ·MEMBER BENSON:· Oh, I thought we already ·4· ·voted.
·5· · · · · · ·MEMBER FOLEY:· Did we vote or not?
·6· · · · · · ·CHAIR NEWMAN:· At the break.
·7· · · · · · ·MEMBER FOLEY:· She's, you know --
·8· · · · · · ·MEMBER BENSON:· She had to leave.
·9· · · · · · ·CHAIR NEWMAN:· Yes, she had to go.· She had 10· ·a caretaking issue.
11· · · · · · ·MEMBER FOREMAN:· So we press our buttons now 12· ·to vote?
13· · · · · · ·CHAIR NEWMAN:· One second.
14· · · · · · ·MEMBER BENSON:· I already pressed mine.
15· ·Should I press it again?
16· · · · · · ·MEMBER FOLEY:· I did mine several times. 17· · · · · · ·VICE CHAIR VEGA:· I pressed mine too.
18· · · · · · ·MEMBER FOLEY:· But you only get one yes, no 19· ·matter how many times you --
20· · · · · · ·MEMBER BENSON:· Okay.
21· · · · · · ·CHAIR NEWMAN:· Okay.· Voting.
22· · · · · · ·MEMBER FOLEY:· You sure about that?· Oh, 23· ·there we are.
24· · · · · · ·VICE CHAIR VEGA:· There we go.
25· · · · · · ·CLERK GAUSE:· Motion carries in the
·1· ·affirmative.
·2· · · · · · ·CHAIR NEWMAN:· Okay.· Now I will ask the ·3· ·Board of Ethics to discuss and decide whether the
·4· ·complaint does not restate allegations of violation -- ·5· ·this is where we were, and I had to go back.· Does not ·6· ·restate allegations of violations that were subject of ·7· ·a previous complaint.
·8· · · · · · ·So, Madam Clerk, can you verify that we have ·9· ·not yet received any previous complaints for
10· ·Councilmember -- sorry.· It's Clarissa, I know, but -- 11· · · · · · ·MEMBER FOREMAN:· Cervantes.
12· · · · · · ·CHAIR NEWMAN:· Cervantes.· Thank you.
13· · · · · · ·CLERK GAUSE:· No.· We have not received any 14· ·other complaints similar to this complaint.
15· · · · · · ·CHAIR NEWMAN:· Okay.· Does anyone on the 16· ·board have knowledge otherwise?· Okay.· Can we take a 17· ·vote?
18· · · · · · ·MEMBER BENSON:· What are we voting on?
19· · · · · · ·CHAIR NEWMAN:· It's a -- it says yes or no. 20· ·It says yes or no.· Oh, we don't need the vote?· Okay. 21· ·Perfect.
22· · · · · · ·Okay.· So the next item is to call for a 23· ·motion to determine if the complaint does or does not 24· ·comply with all of these requirements.
25· · · · · · ·MEMBER FOREMAN:· So, again, we're -- did ·1· ·they check all the boxes is basically what we're
·2· ·voting for.· Did everything -- is everything filed on ·3· ·the form the way it was supposed to be.· Right?· We're ·4· ·not voting on the merit of the complaint.· Correct? ·5· · · · · · ·MEMBER FOLEY:· No.· Just the --
·6· · · · · · ·CHAIR NEWMAN:· Correct.
·7· · · · · · ·MEMBER FOLEY:· -- procedural.
·8· · · · · · ·CHAIR NEWMAN:· The procedural.· We're still ·9· ·on procedural, folks.
10· · · · · · ·MEMBER FOREMAN:· I move that it does check 11· ·all the boxes and whatever.
12· · · · · · ·CHAIR NEWMAN:· We -- I will make a motion 13· ·that all of the procedural requirements for this
14· ·ethics complaint to have been filed.
15· · · · · · ·(Overlapping voices)
16· · · · · · ·CHAIR NEWMAN:· I will defer to Madam Clerk 17· ·to determine who was first on that.
18· · · · · · ·MEMBER FOLEY:· Oh, do we have two seconds? 19· ·Let the other person have it.
20· · · · · · ·CHAIR NEWMAN:· All right.· Let's see.· We 21· ·should have a lot less fun during these meetings,
22· ·y'all.· It's very, very serious.
23· · · · · · ·FEMALE VOICE:· (Inaudible).
24· · · · · · ·CHAIR NEWMAN:· Oh My gosh.· We strike that 25· ·from the record.· Oh, vote -- vote is -- vote is open ·1· ·for everyone.· Thank you, please.
·2· · · · · · ·CLERK GAUSE:· Motion carries unanimous.
·3· · · · · · ·CHAIR NEWMAN:· Okay.· Thank you, all.· All ·4· ·right.· I will now -- oh, here we go.· So the second ·5· ·matter for the Board of Ethics to address.· On this ·6· ·one, the code requires Board of Ethics to facilitate ·7· ·settlement discussions.
·8· · · · · · ·RMC 2.78.080.d.3 provides that the
·9· ·settlement process can include, but not limited to, 10· ·Board of Ethics taking a break during pre-conference 11· ·to allow complainant and public official to confer 12· ·privately and determine if resolution can be reached. 13· · · · · · ·I'm going to read the rest because I have 14· ·to.· If the parties are unable to resolve their
15· ·dispute, the pre-conference will then continue.· Any 16· ·proposed resolutions or offers of settlement that were 17· ·not accepted will not be introduced as evidence nor 18· ·considered as part of the complaint.· If the parties 19· ·reach settlement, the parties shall report to the
20· ·Board of Ethics that the complaint has been settled, 21· ·and no hearing is necessary.
22· · · · · · ·Now I will ask the parties if they desire to 23· ·engage in settlement discussions.· Considering that we 24· ·only have one of the two parties here, I will enter 25· ·that in as a no, since it is not possible.· Oh, we ·1· ·have to ask.· Okay.
·2· · · · · · ·DEPUTY CITY ATTORNEY MERCER:· Yeah.· You can ·3· ·ask the councilwoman if she wants to, but as a
·4· ·practical matter, we can --
·5· · · · · · ·CHAIR NEWMAN:· Councilwoman?
·6· · · · · · ·COUNCILMEMBER CERVANTES:· I think I'm also ·7· ·curious about a point of clarification if -- did the ·8· ·board vote that it met the merits, the complaint, or ·9· ·not?
10· · · · · · ·CHAIR NEWMAN:· Not the merits.
11· · · · · · ·COUNCILMEMBER CERVANTES:· Okay.
12· · · · · · ·CHAIR NEWMAN:· The -- that -- that the
13· ·policy and the checkboxes required to make it a full 14· ·complaint are there.
15· · · · · · ·COUNCILMEMBER CERVANTES:· Okay.· Good.
16· ·Okay.· I was just confused there.
17· · · · · · ·CHAIR NEWMAN:· Not yet.· We have not made it 18· ·there yet.
19· · · · · · ·COUNCILMEMBER CERVANTES:· Okay.· Well,
20· ·I'm -- Mr. -- I would like an opportunity to confer 21· ·with Mr. Clymer if he had been here.· But since he is 22· ·not, I'm comfortable proceeding and the board to allow 23· ·to move forward.
24· · · · · · ·CHAIR NEWMAN:· Okay.
25· · · · · · ·COUNCILMEMBER CERVANTES:· Thank you.
·1· · · · · · ·CHAIR NEWMAN:· Thank you.· All right.· In ·2· ·light of, we will not be taking a break to allow
·3· ·parties to confer.· The complainant's not here.· There ·4· ·is not a settlement to be reached.
·5· · · · · · ·So I now ask the Board of Ethics to review ·6· ·the submitted evidence and determine if any evidence ·7· ·is irrelevant and should be deemed inadmissible.· This ·8· ·does include -- and so just to be clear, again, we did ·9· ·defer the first item F, like Frank, for later
10· ·consideration.· We're just discussing M.
11· · · · · · ·And is there any evidence that has been
12· ·submitted that we feel is in -- irrelevant and should 13· ·be deemed inadmissible?· Does any member wish to make 14· ·a motion to exclude any evidence?
15· · · · · · ·Let's -- we can have a discussion on what 16· ·was provided.· Anyone want to go first?
17· · · · · · ·MEMBER FOREMAN:· I think it was very brief 18· ·and to the point.· So I think what was submitted is 19· ·fine.· I think it was -- the evidence submitted should 20· ·all be kept as evidence because it was very brief and 21· ·to the point.
22· · · · · · ·VICE CHAIR VEGA:· I have a question on the 23· ·DUI.· It's not, from what I see, it's not pertaining 24· ·to the job itself or, you know, the performance of the 25· ·duties that --
·1· · · · · · ·CHAIR NEWMAN:· So we do have, you know, the ·2· ·next matter for consideration is whether we consider ·3· ·the complainant has shown the evidence, if taken as ·4· ·true, more likely than not shows a potential
·5· ·violation.· So that is the part where we would discuss ·6· ·whether it's relevant or whether -- whether the
·7· ·evidence is sufficient to warrant a violation of M. ·8· ·Right now, we're saying if any of the evidence
·9· ·submitted is not relevant and should be stricken.
10· · · · · · ·VICE CHAIR VEGA:· Oh, I see.
11· · · · · · ·CHAIR NEWMAN:· Anyone?· Yes.· I was just 12· ·asking the question to make sure we're all on the same 13· ·page.
14· · · · · · ·No -- okay.· So there's no -- I don't see a 15· ·motion to have any of evidence removed or made
16· ·irrelevant.· I will move on to the next matter, which 17· ·is Board of Ethics will now consider whether the
18· ·complainant has shown that the evidence, if taken as 19· ·true, more likely than not shows a potential violation 20· ·of prohibited conduct in the Code of Ethics for
21· ·Section M for RMC 2.78.05.d.5.
22· · · · · · ·MEMBER FOREMAN:· I believe that all the
23· ·evidence presented is true, but it does not show -- 24· · · · · · ·CHAIR NEWMAN:· Oh, what -- sorry.· One
25· ·second.· I do need to read the statement for Sections ·1· ·3-L, M, and N of the Board of Ethics hearings and
·2· ·rules.· And I know we're just talking about --
·3· · · · · · ·Oh, do I have to read L and N if we're just ·4· ·discussing M right now?· We deferred the rest?· Okay. ·5· ·So Section L, the complainant shall then verbally
·6· ·present to the Board of Ethics any and all evidence, ·7· ·both tangible and testimonial, that the complainant ·8· ·intends to use at the hearing to prove a violation of ·9· ·the prohibited conduct section of the code to the Code 10· ·of Ethics.
11· · · · · · ·This presentation is for the complainant to 12· ·convince the Board of Ethics that the complaint has 13· ·merit and that a formal hearing is necessary.· The 14· ·complainant shall summarize any witness testimony the 15· ·complainant intends to introduce at the hearing and 16· ·explain how that testimony tends to prove a violation 17· ·of the prohibited conduct section of the Code of
18· ·Ethics.
19· · · · · · ·In addition, the complainant shall explain 20· ·to the Board of Ethics how the tangible evidence tends 21· ·to prove a violation of the prohibited conduct section 22· ·of the Code of Ethics.
23· · · · · · ·Section M, any member of the Board of Ethics 24· ·may ask questions of either party during the
25· ·preconference.· And the Board of Ethics is to assume ·1· ·that all representations of evidence by the
·2· ·complainant are true for the limited purposes or
·3· ·limited purpose of determining whether the complainant ·4· ·has shown that it is more likely than not that a
·5· ·violation of the prohibited conduct section of the ·6· ·Code of Ethics has occurred.
·7· · · · · · ·So at this point, we would call up the
·8· ·complainant to present their case and the evidence. ·9· ·The complainant is not in chambers and not on the
10· ·phone.· Not on the -- not on the phone.· They're not 11· ·in chambers but definitely not on the phone.· Perfect. 12· · · · · · ·Okay.· If the Board of Ethics had any
13· ·questions for the complainant, unfortunately, they're 14· ·not here, call up the public official to present their 15· ·evidence.
16· · · · · · ·Madam Councilwoman, did you -- did you have 17· ·any other statement or evidence that you'd like to 18· ·present at this point?
19· · · · · · ·COUNCILMEMBER CERVANTES:· (Inaudible).
20· · · · · · ·CHAIR NEWMAN:· Okay.· For the record, she 21· ·said, no, other than what was already stated.· All 22· ·righty.· No further questions for the public official 23· ·from my board members.
24· · · · · · ·I see noes.
25· · · · · · ·MEMBER DE HERRERA:· I just have a question. ·1· ·Sorry.· Is he even in her ward?
·2· · · · · · ·MEMBER FOLEY:· No.
·3· · · · · · ·CHAIR NEWMAN:· After presentation by
·4· ·complainant call for public comments.· All right.
·5· ·Another call for members of the public to call in if ·6· ·they have -- or would like to put into the record any ·7· ·other formal comments.· Please call 669-900-6833.
·8· ·Enter meeting ID 92696991265 for the meeting ID, and ·9· ·then press 9 to be placed in the queue.
10· · · · · · ·We do not have anyone on Zoom and in
11· ·council.· No one asking to speak for public comment. 12· ·We'll give it 30 seconds just in case there's a last 13· ·minute caller.
14· · · · · · ·Okay.· I'm assuming that was 30 seconds. I 15· ·did not set a timer.
16· · · · · · ·MEMBER FOREMAN:· Could I -- could I go?· Is 17· ·it okay to go now?· We've thoroughly discussed Section 18· ·M, and we had a lot of discussion about it.· We heard 19· ·answers to our questions about it.· I find that very 20· ·clearly, this -- she did not violate anything in
21· ·Section M.
22· · · · · · ·The evidence presented was factual, but it 23· ·does not show any violation of the ethic -- Code of 24· ·Ethics, and we've discussed it over and over and
25· ·talked to her about it, and I think we should dismiss ·1· ·this.
·2· · · · · · ·CHAIR NEWMAN:· Okay.· Jump the gun just a ·3· ·tiny bit because I was just about to ask Board of
·4· ·Ethics to discuss whether the complaint has shown that ·5· ·if the evidence of taken is true, more likely than not ·6· ·shows there may be a potential violation of prohibited ·7· ·conduct section of the Code of Ethics.· Madam
·8· ·Foreman's statement in the record already --
·9· · · · · · ·MEMBER FOREMAN:· Move my statement to be 10· ·after what you said.
11· · · · · · ·CHAIR NEWMAN:· Yes.· Any further discussion 12· ·from anyone else?
13· · · · · · ·MEMBER BENSON:· I was just going to say, 14· ·based on --
15· · · · · · ·CHAIR NEWMAN:· If we could -- sorry.· You 16· ·have a request to speak.· So if we can use that so we 17· ·all take turns politely would be lovely.· But go
18· ·ahead, Dr. Benson.
19· · · · · · ·MEMBER BENSON:· Okay.· I was just going to 20· ·say based on the information that the respondent gave 21· ·us, and not hearing anything contradictory from the 22· ·complainant, who's not here, I would agree that the 23· ·complaint be dismissed.
24· · · · · · ·CHAIR NEWMAN:· Thank you.· Member Hill-
25· ·Skinner, you're next.
·1· · · · · · ·MEMBER HILL-SKINNER:· Given that
·2· ·Councilwoman Cervantes was here, that she addressed ·3· ·the complaint with her prepared statement, informed us ·4· ·that she's taken full responsibility for the DUIs, and ·5· ·recognizes the -- the personal safety element of this, ·6· ·and has her life in a good place right now, and that I ·7· ·think is a direct quote, I do not see the clear nexus ·8· ·at this time for this -- this portion of the
·9· ·complaint.
10· · · · · · ·CHAIR NEWMAN:· Okay.· And Member Foley?
11· · · · · · ·MEMBER FOLEY:· Yes.· I would agree with the 12· ·previous statements.· I don't see the nexus between 13· ·the DUIs and a violation of M.
14· · · · · · ·CHAIR NEWMAN:· Okay.· I think we have a -- 15· ·had a lot of discussion.· We've gone back and forth, 16· ·and I have not heard any dissent from anyone, but I 17· ·feel very comfortable at this point asking if there is 18· ·a motion to determine that the complainant has shown 19· ·evidence of taking as true, more likely than not shows 20· ·there may be a potential violation of prohibited
21· ·conduct.
22· · · · · · ·MEMBER FOLEY:· Yeah.· I make that motion. 23· · · · · · ·MEMBER FOREMAN:· Wait.· That motion is
24· ·saying that it does not show.
25· · · · · · ·MEMBER FOLEY:· It does not show --
·1· · · · · · ·CHAIR NEWMAN:· So the options are -- right. ·2· ·So I'm asking for a motion to determine that
·3· ·complainant has shown evidence of taken as true shows ·4· ·that there may be a potential violation.· So you can ·5· ·make a motion.
·6· · · · · · ·CLERK GAUSE:· Madam Chair.
·7· · · · · · ·(Overlapping voices)
·8· · · · · · ·CLERK GAUSE:· If we follow the cadence of ·9· ·the comments, I believe the motion that your -- would 10· ·be on page 8.
11· · · · · · ·CHAIR NEWMAN:· Oh, sorry.
12· · · · · · ·MEMBER BENSON:· What's the number 8 --
13· · · · · · ·CHAIR NEWMAN:· I did say if it's not right 14· ·in front of me -- okay.· Board of Ethics.· We would 15· ·make a motion.· Well, the --
16· · · · · · ·MEMBER FOLEY:· I'll make the motion for you. 17· · · · · · ·CHAIR NEWMAN:· Go ahead.· Thank you.· Freya. 18· · · · · · ·MEMBER FOLEY:· I'm going to make a motion 19· ·that the complainant has not shown that the evidence, 20· ·specifically pertaining to M, if taken as true, more 21· ·than likely than not shows that there may be -- what? 22· ·Have not shown -- this is worded very strangely.· If 23· ·taken as true more than likely than not shows that 24· ·there may be a potential violation of the prohibited 25· ·conduct section of the Code of Ethics review,
·1· ·specifically M.
·2· · · · · · ·But I'm trying to say that there is no
·3· ·evidence to support M, and I don't know if that really ·4· ·says that, but that's what I'm trying to say.
·5· · · · · · ·CLERK GAUSE:· It does say that.
·6· · · · · · ·CHAIR NEWMAN:· It does.· I think it's more ·7· ·convoluted than it needs to be, to be honest, but we ·8· ·are making a motion that the complainant has not shown ·9· ·the evidence provided, if taken as true, shows that 10· ·there may have been a violation of the Code of Ethics. 11· ·So --
12· · · · · · ·MEMBER FOREMAN:· I think we -- several of us 13· ·seconded it.
14· · · · · · ·CHAIR NEWMAN:· Perfect.· We have seconds. 15· ·Can we please take a vote?· On your -- on your ready 16· ·mark.
17· · · · · · ·VICE CHAIR VEGA:· So what --
18· · · · · · ·CHAIR NEWMAN:· Madam Clerk.
19· · · · · · ·VICE CHAIR VEGA:· We're saying yes.· It did. 20· · · · · · ·CHAIR NEWMAN:· Oh, go ahead.
21· · · · · · ·MEMBER FOLEY:· So we're saying --
22· · · · · · ·CHAIR NEWMAN:· Oh, were waiting for you to 23· ·say go ahead and it's open now.
24· · · · · · ·CLERK GAUSE:· Yes.· Oh.· It's yeah.· It's 25· ·always open.
·1· · · · · · ·CHAIR NEWMAN:· Okay.· Perfect.
·2· · · · · · ·MEMBER FOREMAN:· So to clarify, yes vote ·3· ·means that no violation --
·4· · · · · · ·CHAIR NEWMAN:· Has not shown sufficient -- ·5· ·what -- a yes vote is for the motion on the floor, and ·6· ·the motion on the floor that is -- has not shown
·7· ·evidence of a violation.
·8· · · · · · ·CLERK GAUSE:· Okay.· The motion the floor. ·9· · · · · · ·MEMBER FOLEY:· I don't say no.· I say yes. 10· ·Why?· I never said no.
11· · · · · · ·CLERK GAUSE:· Okay.· Okay.· Let's do it. 12· ·Let's do this again.· Okay.
13· · · · · · ·VICE CHAIR VEGA:· Okay.
14· · · · · · ·MEMBER BENSON:· Yes means --
15· · · · · · ·CHAIR NEWMAN:· Like, you made the motion and 16· ·you said no to your own motion?
17· · · · · · ·MEMBER BENSON:· So yes means you're in
18· ·support of the motion.
19· · · · · · ·CHAIR NEWMAN:· Okay.
20· · · · · · ·CLERK GAUSE:· Motion carries unanimous.
21· · · · · · ·CHAIR NEWMAN:· Perfect.· Okay.· That's -- 22· ·okay.· So I shall now instruct the City Clerk to
23· ·prepare a statement of findings for the Board of
24· ·Ethics to adopt at the next regular meeting.· The
25· ·Board of Ethics has determined by majority vote that ·1· ·the complainant has failed to show that it is more ·2· ·likely than not that there will be a -- there may be a ·3· ·potential violation of prohibited conduct.
·4· · · · · · ·I now instruct the City Clerk to prepare a ·5· ·statement of findings for the Board of Ethics to adopt ·6· ·at the next regular meeting.
·7· · · · · · ·MEMBER FOLEY:· So do we have to say it's a ·8· ·bifurcated findings?
·9· · · · · · ·MEMBER BENSON:· Right.
10· · · · · · ·CHAIR NEWMAN:· Yes.
11· · · · · · ·MEMBER FOLEY:· Okay.
12· · · · · · ·MEMBER BENSON:· With regard to M and not F. 13· · · · · · ·CHAIR NEWMAN:· M and F.
14· · · · · · ·MEMBER FOLEY:· M and F, we don't have any -- 15· ·we've deferred.
16· · · · · · ·MEMBER BENSON:· Deferred.· Yeah.
17· · · · · · ·DEPUTY CITY ATTORNEY MERCER:· Yeah.· I would 18· ·just qualify that -- that the findings are limited to 19· ·M because the other one's deferred.
20· · · · · · ·VICE CHAIR VEGA:· Right.
21· · · · · · ·CHAIR NEWMAN:· Findings are limited to M. 22· ·Thank you.· All right.· Now, we actually do have -- I 23· ·will conclude the pre-hearing.
24· · · · · · ·(End of Proceedings.)
25 ·1· · · · · · · ·CERTIFICATE OF TRANSCRIPTIONIST
·2
·3· · · · · · ·I WENDY K. SAWYER, hereby certify that I was ·4· ·authorized to and did transcribe the provided
·5· ·recording and that the foregoing transcript is a true ·6· ·transcript of said electronic recording to the best of ·7· ·my ability.
·8· · · · · · ·I FURTHER CERTIFY that I am not a relative, ·9· ·employee, attorney, or counsel of any of the parties, 10· ·nor am I a relative or employee of any of the parties' 11· ·attorneys or counsel connected with the action, nor am 12· ·I financially interested in the action.
13 14· · · · · · DATED this 20th day of November, 2023. 15 16
17· · · · · · ________________________________________
18· · · · · · WENDY K. SAWYER, CDLT
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