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HomeMy WebLinkAboutMINUTES - 06272000 - C125 C.125 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 27, 2000, by the following vote: AYES: SUPERVISORS GIOIA,UILKEMA, DeSAULNIER, CANCIAMILLA and GERBER. NOES: NONE ABSENT: NONE ABSTAIN: NONE Re: Grand Jury Report No. 0010 On this date, the Board of Supervisors considered the consent item, Grand Jury Report No. 0010, "Hercules City Council, Hercules, California". Supervisor Uilkema moved to accept the consent items on the agenda, and Supervisor Gioia seconded the motion. IT IS BY THE BOARD ORDERED that Item 0.125 is ACCEPTED, and REFERRED to the County Administrator. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. Attested:June 27.200 Phil Batchelor,Clerk of the Board of Supervisors and C ty Administrator By I7ep k c.c. CAO A REPORT BY THE 1999-00 CONTRA,COSTA COUNTY GRAND JURY 725 Court Street RECEIVED Martinez, California 94553 JUN 15 2000 CLERK BOARD OF SUPE I ORS CONTRA COSTA CO. Report No. 0010 HERCULES CITY COUNCIL Hercules, California APPROVED BY THE GRAND JURY: Date: ?J CAROL THE S GRAND JURY FOREMAN ACCEPTED FOR FILING: Date: WALTER D. ROGERS JUDGE OF THE SUPERIOR COURT CONTRA COSTA GRAND JURY REPORT NO. 0010 HERCULES CITY COUNCIL Hercules, California Background The Grand Jury inquired into the City of Hercules (City) chaotic City Council (Council) meetings and accusations of racial preference in City employment. Evidentiary material obtained includes formal interviews of all City Council members, the City Manager, Assistant City Manager, City Attorney, Chief of Police, reviewing video and audio tapes of Council meetings and attending Council meetings. Video and audio recordings of Council meetings reviewed by the Grand Jury provided relevant evidence of disorderly behavior, unauthorized digression from the published agenda for a meeting and disregarding the Council's Rules of Procedures by the Council member, then mayor. Grand Jury members attending Council meetings observed disruptions and disorderly conduct by a member that was characterized by the Council's Rule and Policies sub-committee as"inconsistent with the role and responsibilities," of Council members and"offensive to other Council members, staff and public." FINDINGS 1. In February 1999, Alexander Quentos Paras as Mayor and Council member disregarded the Council's Rules of Procedures and violated the Brown Act of the California Government Code by introducing non-agenda items into the Consent Calendar portion of the meeting, and inappropriately invited a person from the audience to speak on a non-agenda item. 2. In March 1999, because of Mr. Paras' disorderly conduct, and after repeated warnings and counseling by other Council members, including requests to attend "team building" seminars which he did not attend, the Council by majority vote reorganized its leadership and Mr. Paras was temporarily replaced as Mayor. 3. In April 1999, after an agreed upon reconciliation period, Mr. Paras was determined by the other Council members to have not sufficiently modified his disorderly behavior at public meetings and therefore the Council permanently appointed another Council member to complete Mr. Paras' term as Mayor. 4. The California Government Code Section 36813 provides: "The council may establish rules for the conduct of its proceedings. It may punish a member or other person for disorderly behavior at a meeting." 5. The Council's Rules of Procedures require four votes for disciplining a member and support from the City Attorney. Discipline measures include: censure, civil charges and recommending recall. el-R "y" 6. On October 24, 25 and 26, 1999, Mr. Paras by-passed the City's written administrative guidelines and faxed separate, nearly identical packages each day to the Assistant City Manager with instructions to distribute copies to each Council member, key City Staff members and to make copies for public distribution. Each package contained at least seven exhibits of public letters, memos, press releases, Council memoranda and extracts from Council reports. T On November 9, 1999, the City Attorney opined Mr. Paras wa§ disruptive at Council meetings. 8. On January 18, 2004, the Council's sub-committee on Rules and Procedures presented a proclamation to the Council censuring Mr. Paras. The City Attorney opined that Mr. Paras was censurable for his past conduct. The proclamation failed to obtain the required four affirmative votes. 9. Council members' records indicate that Mr. Paras' conduct was considered as unacceptable and disorderly as early as December 1998. However, no official action was taken until October 27, 1999 when a Council member wrote a formal letter of complaint to the Council. Although Mr. Paras' disorderly behavior continued even after he was removed as Mayor in March 1999, the Council delayed taking any action to curtail his conduct until January 2000. 10. The Mayor adjourned the March 14, 2000 Council meeting due to Mr. Paras' failure to yield to a Point of Order by a member and refused to obey the Call to Order by the Mayor. Video recording of the meeting was ordered stopped by the Mayor. 11. On March 28, 2000,the Council approved a motion to censure Council member Paras for his conduct on March 14, 2000 and before. Public comment at that overflowing council meeting supported the Council's move to censure Mr. Paras. Indignation was expressed during the Public Communications portion of the meeting by members of the audience for his conduct on March 14, some suggested recall or resignation as appropriate discipline. 12. The use of City credit cards, cell phones and fax machines are not subject to control by written procedures. After review by the City Manager and notification of possible inappropriate use, Council members determine the acceptability of their use of credit cards, cell phones, and fax machines. 13. The Grand Jury did not discover any evidence that indicates any unlawful act of racial preference in City employment by any Council member, City staff or City employee. 2 CONCLUSIONS 1. It appears the Council is capable of leadership and providing direction to the City's staff in accordance with administrative guidelines. 2. The City does not appear to unlawfully discriminate in its employment hiring practices. 3. The use and control of City issued credit cards, telephones and faxes by Council members appears to be a discretionary process, not formally controlled. 4. The Council, by its delay to act early and with determination to deter disorderly behavior at public meetings appears to have denied the people proper governmental process. RECOMMENDATIONS The 1999-2000 Contra Costa Grand Jury makes the following recommendations to the Council: 1. Take steps to eliminate divisiveness and lack of proper decorum at Council and Redevelopment Agency meetings. A disorderly meeting should be recessed. 2. Meet with City.staff and City employees and resolve any doubts as to its ability to provide leadership and direction. 3. Obtain an independent outside review in response to any future accusations relating to the City's employment policies, procedures, and implementation. 4. Undertake a series of"Town Meetings" urging the public to participate to assist the Council in eliminating divisiveness. 5. Initiate official written procedures to provide control and accountability for the use of City credit cards, phones, fax machines and any other service provided by the City to Council members. COMMENT The governmental process for the City of Hercules reportedly has suffered from disorderly Council meetings which may have caused confusion, delay in performing the people's business and generated concern by the public. The citizens of Hercules voted for council members to serve and represent them, but in the process did not yield their right to a proper functioning government. Although delegating authority to those elected, the people should demand conformance to law and order and the fulfillment of an oath of office"that I will faithfully discharge the duties of the office upon which I am about to enter." 3