Loading...
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