Resolution 15618CITY OF ALAMEDA RESOLUTION NO. 15618
ESTABLISHING A CITY COUNCIL POLICY THAT A CITY COUNCIL
OR CITY STAFF MEMBER WHO KNOWINGLY VIOLATES THE CITY
CHARTER, AN APPLICABLE CRIMINAL STATUTE OR AN
APPLICABLE ETHICAL CODE OF CONDUCT SHALL NOT BE
ENTITLED TO REIMBURSEMENT FROM THE CITY FOR LEGAL OR
OTHER FEES ARISING OUT OF THE VIOLATION
Whereas, in June 2019 the Alameda County Grand Jury issued a report
concerning its investigation of the City's hiring process for a Fire Chief in 2017; and
Whereas, the investigation reviewed accusations of undue influence on the former
City Manager during that hiring process, in violation of the City Charter; and
Whereas, the Grand Jury report states that the City itself undertook an
investigation into these accusations and, as a result, two Council members hired personal
attorneys to represent them in the City's investigation and had requested reimbursement
from the City for their legal fees; and
Whereas, the Grand Jury made a recommendation that the Alameda City Council
should adopt a policy stating that Council members who knowingly violate ethical codes
of conduct or charter provisions may not seek reimbursement for related legal
representation; and
Whereas, in response, City Council directed staff to return with necessary
documents to formally adopt such a policy; and
Whereas, the City Council has considered at its regular meeting on December 3,
2019, a Policy, as recommended by the Grand Jury, but applicable not only to City Council
members but also to City staff; and
Whereas, it is in the public's interest for the City Council to adopt this Policy.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ALAMEDA AS FOLLOWS:
Section 1. The City Council adopts and approves the following Policy concerning
reimbursing City Council members or City staff for legal or other fees when the City
Council member or City staff member knowingly violates the City Charter or an ethical
code of conduct:
To the extent authorized by law and not otherwise preempted, no Council member nor
City staff member shall be entitled to reimbursement from the City for legal or other fees
incurred as a result of such person's knowing violation of the City Charter, an applicable
criminal statute, or an applicable ethical code of conduct, as determined by a court of
competent jurisdiction, the Attorney General, the Alameda County District Attorney, the
Alameda County Grand Jury, or the City Council. "Knowing" is an expression of general,
not specific, intent and a person knowingly commits a violation by intentionally engaging
in the proscribed conduct; however, it is not required that the person intends to violate the
law or an ethical code of conduct, or knows that the conduct is proscribed. In the absence
of a determination by a court of competent jurisdiction, the Attorney General, the Alameda
County District Attorney, or the Alameda County Grand Jury, the City Council, excluding
any Council member who has a conflict of interest concerning such reimbursement, shall
retain the authority to determine whether the Council member or City staff member
requesting or seeking reimbursement knowingly committed the violation, or delegate such
decision authority to the City Manager or the City Attorney with respect to staff. In making
determinations required by this policy, the City Council may consult with Council
appointed special counsel to provide necessary advice.
Section 2. This Policy Shall be incorporated into the City's Code of Conduct, upon its
adoption by the Council.
Section 3. The City Clerk shall certify to the adoption of this Resolution and thereafter
this Resolution and Policy shall be in full force and effect.
*****
I, the undersigned, hereby certify that the foregoing Resolution was duly and
regularly adopted and passed by the Council of the City of Alameda in a regular meeting
assembled on the 3rd day of December 2019 by the following vote:
AYES: Councilmembers Daysog, Knox White, and Mayor Ezzy
Ashcraft-3.
NOES: None.
ABSENT: Councilmembers Oddie and Vella -2.
ABSTENTIONS: None.
IN WITNESS WHEREOF, I have signed my name and affixed the seal of the City
of Alameda this 4th day of December 2019.
Approved as to form
/~~
Yibin She~Qity,Att rney,
City of Al amecla
La~iger~ Ci&berk,
City of Alameda