CITY OF SIMI VALLEY
MEMORANDUM
January 10, 2022
TO: City Council
FROM: Office of the City Manager
SUBJECT: DISCUSSION AND POSSIBLE ACTION RELATED TO A
NEIGHBORHOOD COUNCIL MEMBER’S CONDUCT REGARDING THE
CITY OF SIMI VALLEY CODE OF ETHICS AND CONDUCT FOR
ELECTED OFFICIALS AND MEMBERS OF APPOINTED BOARDS,
COMMISSIONS, AND COMMITTEES
STAFF RECOMMENDATION
Staff recommends the City Council review the information in this staff report and take action as deemed appropriate.
BACKGROUND AND OVERVIEW
On November 8, 2021, the City Council appointed members of the public to the Executive Boards of the Neighborhood Councils. Ms. Rebecca Albarran was appointed to the Executive Board of Neighborhood Council No. 3. Members of the Neighborhood Councils serve at the plea sure of the City Council and can be removed by a majority of the City Council. Mayor Mashburn has requested the City look into pos sible violations of the City’s Code of Ethics with respect to Ms.
Albarran’s social media posts and consider her removal from the Executive Board.
FINDINGS AND ALTERNATIVES
At the November 8, 2021, the City Council approved the appointment of Ms. Albarran to the Executive Board of Neighborhood Council No. 3 by a 3-2 vote. Section 2-3.305(a) of the Simi Valley Municipal Code ( SVMC) provides for the Appointment, Vacancies, and removal of Executive Board members. The SVMC Section is as follows:
(a) Members: Appointment: Vacancies: Removal. A minimum of seven (7) members, with a maximum of thirteen (13) members shall be appointed by the Mayor upon the approval of the City Council to serve as the Executive Board for each Neighborhood Council. Only City residents may be considered for appointment to the Executive Board. No person may be appointed to the Executive Board if the appointment would constitute an incompatible holding of office prohibited by Section 1126 of the California Government Code. No person who is appointed to the Executive Board may participate in the making of any decision if the person may have a conflict of interes t under 1090 et seq. of the California Government Code, 87100 et seq. of the California Government Code, or Simi Valley City Council Resolution No. 85- 150. Before an applicant can be interviewed and appointed, they are required to attend a Neighborhood Council Orientation session for
AGENDA ITEM NO.
8A
2 that appointment cycle, provide evidence of attendance at an orientation session in the past three (3) years, or have served as an Executive Board member in the past two (2) years. Members of the Executive Board shall serve at the pleasure of the City Council and may be removed from office by a majority of the members of the City Council .
Originally adopted on June 17, 2002, the City’s Code of Ethics and Conduct for Elected Officials and Members of Appointed Boards, Commissions, and Committees (Code of Ethics, page 6 ) applies as the name would imply to Executive Board members of the Neighborhood Councils.
O
n December 6, 2021, the Simi Valley Police Department announced a DUI Checkpoint would be conducted at an undisclosed location in Simi Valley on December 17, 2021.
This pre-Checkpoint announcement is required by State law; however, the location of the Checkpoint is not required to be disclosed (Ingersoll v. Palmer (1987) 43 Cal.3d 1321) .
The December 6
th Checkpoint announcement was shared by Ms. Albarran on her Twitter account on December 13 th. Subsequent to the beginning of the Checkpoint operation, which was established at the intersection of Wood Ranch Parkway and Madera Road, Ms. Albarran posted the location of the Checkpoint on the Internet, providing the following information:
“
DUI LOCATION: Woodranch (sic) Parkway and Madera coming into Simi Valley.
I
f you are coming from Thousand Oaks or off the 23 turn right on Country Club Drive.”
A copy of the Internet post is attached (page 11). It should be noted that it is not illegal for a driver to avoid a Checkpoint. It is also not illegal for an individual to post the location of a Checkpoint as there are numerous posting on the Internet of Checkpoint locations as they occur .
It has been alleged that Ms. Albarran’s posting of the information regarding the DUI Checkpoint and a method for avoiding the Checkpoint may have violated the Code of Ethics. Specifically, the following portions of the Code of Ethics may apply:
1. Act in the Public Interest
R
ecognizing that stewardship of the public interest must be their primary concern, members will work for the common good of the people of Simi Valley and not for any private or personal interest, and they will assure fair and equal treatment of all persons, claims and transactions coming before the Simi Valley City Council, boards, commissions, and committees.
and
3 3. Conduct of Members
T
he professional and personal conduct of members must be above reproac h and avoid even the appearance of impropriety. Members shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of Council, boards, commissions, and committees, the staff or public. and
4. Respect for Process
M
embers shall perform their duties in accordance with the processes and rules of Order established by the City Council and boards, commissions, and committees governing the deliberation of public policy issues, meaningful involvement of the public, and implementation of policy decisions of the City Council by City Staff. and
13. Advocacy
M
embers shall represent the official policies or positions of the City Council, board, commission, or committee to the best of their ability when designated as delegate for this purpose. When presenting their individual opinions and positions, members shall explicitly state they do not represent their body or the City of Simi Valley, nor will they allow the inference that they do. and
14. P
olicy Role of Members
M
embers shall respect and adhere to the council-manager structure of Simi Valley city government as outlined in the City’s policies and procedures and follow Simi Valley Municipal Code Section 2- 6.208 with respect to the City Manager’s relationship with the City Council. In this structure, the City Council determines the policies of the City with the advice, information and analysis provided by the public, boards, commissions, and committees and City staff. Except as provided by the City ordinance, members therefore shall not interfere with the administrative functions of the City or the professional duties of City staff; nor shall they impair the ability of staff to implement Council policy decisions.
Each person appointed to a City board, commission, or committee must sign the Code of Ethics, signifying that they will uphold the Code of Ethics and conduct themselves by following the model of behavior. On Nov ember 29, 2021, Ms. Albarran s igned a copy of the Code of Ethics, attached (page 12).
4 The Code of Ethics provides that the Mayor, among others, has the responsibility to intervene when a member of a board, commission, or committee’s actions appear to be in violation of the Code of Ethics. Below is the Compliance and Enforcement section of the Code of Ethics:
18. Compliance and Enforcement
The Simi Valley Code of Ethics and Conduct expresses standards of ethical conduct expected for members of the Simi Valley City Council, boards, commissions, and committees. Members themselves have the primary responsibility to assure that ethical standards are understood and met, and that the public can continue to have full confidence in the integrity of government. The chairs of boards, commissions, and committees and the Mayor have the additional responsibility to intervene when members’ actions appear to be in violation of the Code of E thics and Conduct are brought to their attention. (Bold and underline added for emphasis).
The City Council may impose sanctions on members whose conduct does not comply with the City’s ethical standards, such as reprimand, formal censure, loss of seniority or committee assignment. The City Council also may act to remove members of boards, commissions, and committees from office.
In the event of a violation of the Code of Ethics: “The City Council may impose sanctions on members whose conduct does not c omply with the City’s ethical standards, such as reprimand, formal censure, loss of seniority or committee assignment. The City Council also may act to remove members of boards, commissions, and committees from office.”
According to the SVMC Section 2- 3.305(a), members of the Neighborhood Council Executive Board may be removed by the City Council with or without cause. Specifically:
“Members of the Executive Board shall serve at the pleasure of the City Council and may be removed from office by a majority of the members of the City Council.”
Should the City Council find that Ms. Albarran violated the Code of Ethics, a majority of the City Council may remove her from the Executive Board in accordance with Section 18 of the Code of Ethics . However, because Neighborhood Council Executive Board members also serve at the pleasure of the City Council pursuant to SVMC Section 2-
3.305(a) , removal would not need to be connected to a violation of the Code of Ethics and can be done by a majority of the City Council.
Staff recommends the City Council provide an opportunity for Ms. Albarran under Public Statements to address the information in this report. It is further recommended the City Council review the information in this staff report and take action as deemed appropriate.
5 SUMMARY
On November 8, 2021, the City Council appointed Ms. Rebecca Albarran to the Executive Board of Neighborhood Council No. 3. Members of the Neighborhood Councils serve at the pleasure of the City Council and can be removed by a majority of the City Council.
Mayor Mashburn has requested the City look into possible violations of the City’s Code of Ethics with respect to Ms. Albarran’s social media posts and consider her removal from the Executive Board.
____________________________________
Brian P. Gabler
City Manager
INDEX Page
Code of Ethics .................................................................................. 6 Albarran Twitter Post ...................................................................... 11 Albarran Signed Code of Ethics ..................................................... 12
City of Simi Valley Code of Ethics and Conduct
for Elected Officials and Members of
Appointed Boards, Commissions, and Committees
1 Adopted 9/9/19; Rev. 3/30/20
Statement of Purpose
The citizens and businesses of Simi Valley are entitled to have fair, ethical and accountable local government which has earned the public’s full confidence for integrity.
The City of Simi Valley’s strong desire to fulfill this mission therefore requires that:
• public officials, both elected and appointed, comply with both the letter and spirit of the laws and policies affecting the operations of government; • public officials be independent, impartial and fair in their judgment and actions; • public office be used for the public good, not for personal gain; and • public deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of respect and civility.
To this end, the Simi Valley City Cou ncil has adopted this Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence in the integrity of local government and its effective and fair operation.
1. Act in the Public Interest
Recognizing that stewardship of the public interest must be their primary concern, members will work for the common good of the people of Simi Valley and not for any private or personal interest, and they will assure fair and equal treatment of all persons, claims and transactions coming before the Simi Valley City Council, boards, commissions, and committees.
2. Comply with the Law
Members shall comply with the laws of the nation, the State of California, and the City of Simi Valley in the per formance of their public duties. These laws include, but are not limited to: the United States and California constitutions; laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities, and open processes of government; and City ordinances and policies.
3. Conduct of Members
The professional and personal conduct of members must be above reproach and avoid even the appearance of impropriety. Members shall refrain from abusive conduct, personal charges or v erbal attacks upon the character or motives of other members of Council, boards, commissions, and committees, the staff or public. 6 City of Simi Valley Code of Ethics and Conduct
for Elected Officials and Members of
Appointed Boards, Commissions, and Committees
2 Adopted 9/9/19; Rev. 3/30/20
4. Respect for Process
Members shall perform their duties in accordance with the processes and rules of order established by the City Council and boards, commissions, and committees governing the deliberation of public policy issues, meaningful involvement of the public, and implementation of policy decisions of the City Council by City staff.
5. Conduct of Public Meetings
Members shall prepare themselves for public issues; listen courteously and attentively to all public discussions before the body; and focus on the business at hand. They shall refrain from interrupting other speakers, making personal comments not germane t o the business of the body, or otherwise interfering with the orderly conduct of meetings.
6. Decisions Based on Merit
Members shall base their decisions on the merits and substance of the matter at hand.
7. Communication
Members shall publicly share substantive information that is relevant to a matter under consideration by the Council or boards, commissions, and committees which they may have received from sources outside the public decision-making process.
8. Conflict of Interest
In order to ass ure their independence and impartiality on behalf of the common good, members shall not use their official positions to influence government decisions in which they have a material financial interest or personal relationship which may give the appearance of a conflict of interest. In accordance with the law, members shall disclose investments, interests in real property, sources of income, and gifts; and they shall abstain from participating in deliberations and decision-making where conflicts may exist.
9. Gifts and Favors
Members shall comply with the requirements of the Political Reform Act relating to the acceptance and reporting of gifts.
7 City of Simi Valley Code of Ethics and Conduct
for Elected Officials and Members of
Appointed Boards, Commissions, and Committees
3 Adopted 9/9/19; Rev. 3/30/20
10. Confidential Information
Members shall respect the confidentiality of information concerning City property, personnel or proceedings of the City. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their pers onal interests.
11. Use of Public Resources
Members shall not use public resources not available to the public in general, such as City staff time, equipment, supplies or facilities, for private gain or personal purposes.
Members shall not utilize the City’s name or logo for the purpose of endorsing any political candidate or business.
12. Representation of Private Interests
In keeping with their role as stewards of the public interest, members of Council shall not appear on behalf of the private interests of third parties before the Council or any board, commission, committee, or proceeding of the City, nor shall members of boards, commissions, and committees appear before their own bodies or before the Council on behalf of the private interests of third parties on matters related to the areas of service of their bodies.
13. Advocacy
Members shall represent the official policies or positions of the City Council, board, commission, or committee to the best of their ability when designated as deleg ates for this purpose. When presenting their individual opinions and positions, members shall explicitly state they do not represent their body or the City of Simi Valley, nor will they allow the inference that they do.
14. Policy Role of Members
Members shall respect and adhere to the council -manager structure of Simi Valley city government as outlined in the City’s policies and procedures and follow Simi Valley Municipal Code Section 2-6.208 with respect to the City Manager’s relationship with the City Council. In this structure, the City Council determines the policies of the City with the advice, information and analysis provided by the public, boards, commissions, and committees and City staff. Except as provided by the City ordinance, members therefore shall not interfere with the administrative functions of the City or the professional duties of City staff; nor shall they impair the ability of staff to implement Council policy decisions.
8 City of Simi Valley Code of Ethics and Conduct
for Elected Officials and Members of
Appointed Boards, Commissions, and Committees
4 Adopted 9/9/19; Rev. 3/30/20
15. Independence of Boards, Commissions, and Committees
Because of the value of the independent advice of boards, commissions, and committees to the public decision-making process, members of Council shall refrain from using their position to influence unduly the deliberations or outcomes of board, commission, and committee proceedings.
16. Positive Work Place Environment
Members shall support the maintenance of a positive and constructive work place environment for City employees and for citizens and businesses dealing with the City.
Members shall recognize their special role in dealings with City employees and refrain from creating the perception of inappropriate direction to staff.
17. Implementation
As an expression of the standards of conduct for members expected by the City, the Simi Valley Code of Ethics and Conduct is intended to be self-enforcing. It therefore becomes most effective when members are thoroughly familiar with it and embrace its provisions.
For this reason, ethical standards shall be included in the regular orientations for candidates for City Council, applicants to boards, commissions, and committees and newly elected and appointed officials. Members entering office shall sign a statement affirming they have read and understood the City of Simi Valley Code of Ethics and Conduct. In a ddition, the Code of Ethics and Conduct shall be reviewed bi -annually by the City Council, boards, commissions, and committees, and the City Council shall consider recommendations from boards, commissions, and committees and update it as necessary in November of even-numbered years.
18. Compliance and Enforcement
The Simi Valley Code of Ethics and Conduct expresses standards of ethical conduct expected for members of the Simi Valley City Council, boards, commissions, and committees. Members themselves have the primary responsibility to assure that ethical standards are understood and met, and that the public can continue to have full confidence in the integrity of government. The chairs of boards, commissions, and committees and the Mayor have the additional responsibility to intervene when members’ actions appear to be in violation of the Code of Ethics and Conduct are brought to their attention. The City Council may impose sanctions on members whose conduct does not comply with the City’s ethical standards, such as reprimand, formal censure, loss of seniority or committee assignment. The City Council also may act to remove members of boards, commissions, and committees from office.
9 Term:
City of Simi Valley Code of Ethics and Conduct
for Elected Officials and Members of
Appointed Boards, Commissions, and Committees
5 Adopted 9/9/19; Rev. 3/30/20
STATEMENT OF COMMITMENT
As a member of the Simi Valley City Council or of a Simi Valley board, commission, or committee, I agree to uphold the Code of Ethics and Conduct for elected and appointed officials adopted by the City Council and conduct myself by the following model of behavior. I will:
• Recognize the worth of individual members and appreciate their individual talents, perspectives and contributions;
• Help create an atmosphere of respect and civility where individual members, City staff and the public are free to express their ideas and work to their full potential; • Conduct my personal and public affairs with honesty, integrity, fairness and respect for others;
• Respect the dignity and privacy of individuals and organizations; • Keep the common good as my highest purpose and focus on achieving constructive solutions for the public benefit;
• Avoid and discourage conduct which is divisive or harmful to the best interests of Simi Valley;
• Treat all people with whom I come in contact in the way I wish to be treated.
I affirm that I have read and that I understand, accept and support the City of Simi Valley Code of Ethics and Conduct.
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Board, Commission, Committee
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Position
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(Print Name)
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Signature Date
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