1 Vernice Hankins
From: [email protected]
Sent: Sunday, January 22, 2023 9:01 PM
To: councilmtgitems
Cc: [email protected]
Subject: City Council 1/24/23 agenda item 16-A: SUPPORT!
EXTERNAL
January 22, 2023
Dear Mayor Davis and City Councilmembers,
I urge the Council to allocate discretionary funds to the Santa Monica Arts Parents Association to support travel expenses for students in the Samohi Wind Ensemble and Chamber Orchestra so they can perform in Ireland.
These outstanding student musicians will be essentially serving as good will ambassadors for the City of Santa Monica, as well as representing the world class music education program of the Santa Monica-Malibu Unified School District.
Thank you for your consideration.
Zina Josephs
Secretary, SMMUSD District Advisory Committee on the Visual & Performing Arts Former Santa Monica Arts Commissioner
Former Los Angeles Unified School District music teacher Former Board member, California Music Educators Association, Southern Section Longtime member of the National Association for Music Education
A. Request of Mayor Pro Tem Negrete that the City Council allocate up to $25,000 of their Discretionary Funds to the SMAPA-Samohi Band, which is part of the Santa Monica Arts Parent Association, a 501 (c) (3). The funding will be used to offset the costs related to the planned Wind Ensemble and Chamber Orchestra performance tour in Ireland to cover expenses for participating students whose families cannot afford the cost of the tour. This is the first time in decades that Samohi Band and Orchestra students will tour together
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New Item Received 1/20/2023
Item 16.A
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1 Vernice Hankins
From: Juan Matute <[email protected]>
Sent: Monday, January 23, 2023 12:14 PM
To: councilmtgitems; Douglas Sloan
Cc: Gleam Davis; Phil Brock; Kristin McCowan; Lana Negrete; Christine Parra; Oscar de la Torre Subject: 1/24 16A: Conflict of Interest - Councilmember Negrete
EXTERNAL
Clerk, please include this email in the record for item 16A.
I and other reasonably prudent persons in Santa Monica have concerns about an apparent conflict of interest for item #16A affecting Councilmember Lana Negrete. When item #16A is introduced at Tuesday's meeting, Councilmember Negrete should verbally identify the financial interest or potential conflict of interest in sufficient detail to be understood by the public; and recuse herself from any attempt to influence the decision in any way, which includes talking with colleagues or staff about the matter at any time, including before, during, or after any meeting at which the item may be taken up.
The FPPC uses a 4-step test to identify potential conflicts of interest in matters before the council. These steps are:
1. Is it reasonably foreseeable that a governmental decision will have a financial effect on any of the public official’s financial interests?
2. Will the reasonably foreseeable financial effect be material?
3. Can the public official demonstrate that the material financial effect on the public official’s financial interest is indistinguishable from its effect on the public generally?
4. If, after applying the three steps above the public official determines they have a conflict of interest, he or she may not make, participate in making, or in any way attempt to use his or her official position to influence the governmental decision, unless some exception applies.
In the case of #1, there is a reasonably foreseeable. Councilmember Lana Negrete is part owner and operator of the Santa Monica Music Center. This for-profit business provides music lessons and music rentals to Santa Monicans, including members of the Santa Monica High School Band who would benefit from this city expenditure. By securing this donation of public funds, Councilmember Lana Negrete will achieve a marketing benefit of increased goodwill for her business.
In the case of #2, Councilmember Lana Negrete's business could enjoy increased revenues from lessons and rentals from any marketing benefits from having secured city funds for the trip's. These revenues will have a material financial effect on Councilmember Lana Negrete, as part owner of the Santa Monica Music Center.
In the case of #3, nearly all members of the Santa Monica general public do not have a financial interest in a business that provides instrument rentals and/or music lessons that could benefit financially from an expenditure of public funds to support music students in Santa Monica.
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2 Therefore, Councilmember Negrete should abstain from any participation in making a governmental decision regarding expenditure of public funds to support music students in Santa Monica in both the case of 16A and future similar items.
This conflict of interest on a potentially meritorious expenditure could have been completely avoided had another councilmember introduced the matter and Councilmember Negrete recused herself from the vote.
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