City Council
Report
City Council Meeting: October 22, 2024
Agenda Item: 14.A
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To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Adoption of a Resolution Applying to Councilmembers Laws Applicable to City Employees and Council Appointees
Recommended Action
Staff recommends the City Council:
1. Adopt the Resolution Adopting Administrative Instruction Nos. III-2-3 Discrimination, Harassment, Abusive Conduct, and Retaliation Prevention Policy and Complaint Procedure; III-2-4, Violence in the Workplace; III-2-6, Code of Ethics, Council Rules, and Certain Other Laws, to be Applicable to City Councilmembers and Providing for Processes for Investigating and Resolving Alleged Violations;
2. Discussion and Consideration of Formation of an Ethics Commission; and
3. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.
Executive Summary
At the June 11, 2024, Council meeting, Council directed the City Attorney to return with options and recommendations concerning policies, investigations, and remedies for violations by Councilmembers and Council appointees for Brown Act and other laws or policies applicable to City employees. On July 9, 2024, the City Attorney presented the Council with options. Council adopted Resolution No. 11605, applying conduct standards to Council appointees and directed the City Attorney to return with further research regarding ethics commissions in comparable cities.
Discussion
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The attached Resolution would subject Councilmembers to the same laws that apply to City employees and Council appointees regarding breaches of confidentiality, harassment, discrimination, hostile work environment, retaliation, conflicts, and gifts and ethics laws. The Resolution provides a process for reporting, investigating, and resolving complaints. The Resolution shall apply prospectively, applicable only to any events giving rise to a complaint following its effective date.
The Council also directed the City Attorney to provide the Council with information regarding the possibility of establishing an ethics commission. An ethics commission is a standing body with delegated authority to interpret and enforce the jurisdiction’s ethics regulations. It is usually an independent body that provides external oversight and enforcement of a city’s ethics laws. In California, the FPPC performs the role for state and local officials subject to the Political Reform Act. Local agencies can have ethics commissions that are charged with enforcing and taking other actions with respect to local ethics laws. A key goal of an ethics commission is to enhance public trust in the ethics enforcement process by assigning it to a quasi-independent entity. An ethics commission can also play a role in training and education.
A number of California cities have an ethics commission with varying degrees of responsibility. Some, such as Long Beach, assist with policy recommendations and education, but have no enforcement or investigative authority. Others, such as Los Angeles and San Francisco, are empowered with the authority to conduct investigations, have public hearings, and issue penalties for violations of local ethics and campaign laws.
Commissions generally range from five to nine members, and often have provisions that ensure a diversity of policy backgrounds among commissioners. Commissions are created by charter or ordinance. Commissions generally oversee development, review and enforcement of local ethics, lobbying, campaign finance, and disclosure laws. The commissions’ means of enforcing the laws they oversee generally lies in their ability to conduct audits and investigations, issue subpoenas, levy fines and impose penalties. 3 of 3
They may also issue opinions regarding the laws and ordinances they cover, and develop manuals and conduct educational outreach.
Financial Impacts and Budget Actions
Adoption of the Resolution would have no fiscal impact. Costs of any investigation could be estimated at the time one may be necessary, depending upon the circumstances.
The cost of establishing and staffing an ethics commission is unknown at this time.
Prepared By: Katie Doerr, Deputy City Attorney III
Approved Forwarded to Council
Attachments:
A. Proposed Resolution
B. Memorandum re Ethics Commission