tldrgov

Ethics Commission

Wednesday, November 9, 2022 · 3:00 PM AM · 411 W. Ocean Boulevard Civic Chambers

TL;DR

The Long Beach Ethics Commission held its regular meeting, focusing on administrative procedures, ethics policies, and an ongoing investigation into the conduct of certain City Council members. The commission discussed various internal policies, reviewed its action plan, and continued its study of potential ethics violations.

Key Decisions

  • Investigation of Council Member Conduct Continued to December meeting
  • Ethics Commission Rules and Procedures Amendment Passed
  • Ethics Program Motto Selection Recommended four mottos for city employee vote
  • Investigations Protocol Draft
  • Ad Hoc Committees Dissolved two existing committees
Agenda PDF Minutes PDF

Agenda

  1. 11. eComments and emails received for the Ethics Commission meeting of Wednesday, November 9, 2022.
    EC-Agenda Item
    Action: received and filed

    This EC-Agenda Item was received and filed.

  2. FINISHED AGENDA & MINUTES
  3. ETHICS COMMISSION IN-PERSON/VIRTUAL HYBRID MEETING PURSUANT TO AB 361 (GOV. CODE SECTION 54953(e)(1)-(2))
  4. CALL TO ORDER (3:05 PM)
  5. ROLL CALL (3:05 PM)
  6. REGULAR AGENDA (3:06 PM)
  7. PUBLIC COMMENT (5:12 PM)
  8. Also present: April Walker, Administrative Deputy City Manager; Julian Cernuda, Assistant to the City Manager; Heather Van Wijk, Ethics Officer; Taylor Anderson, Deputy City Attorney; Jonathan Nagayama, City Clerk Analyst.
  9. ANNOUNCEMENTS (5:12 PM)
  10. ADJOURNMENT (5:13 PM)
  11. ETHICS COMMISSION IN-PERSON/VIRTUAL HYBRID MEETING PURSUANT TO AB 361 (GOV. CODE SECTION 54953(e)(1)-(2)) JOIN VIA ZOOM, PLEASE DIAL: (213) 338-8477 / MEETING ID: 994 3521 8144 https://longbeach-gov.zoom.us/j/99435218144 MEMBERS OF THE PUBLIC HAVE THE OPTION TO PROVIDE PUBLIC COMMENT IN THE ZOOM MEETING BY USING THE RAISE HAND FUNCTION, OR PRESSING *9 ON YOUR PHONE MEMBERS OF THE PUBLIC HAVE THE OPTION TO USE eCOMMENT TO PROVIDE COMMENTS ON AGENDA ITEMS. WRITTEN COMMENTS MAY ALSO BE SUBMITTED BY EMAIL TO CITYCLERK@LONGBEACH.GOV PLEASE VIEW THE MEETING FROM YOUR COMPUTER, TABLET, OR SMARTPHONE VIA: https://longbeach.granicus.com/ViewPublisher.php?view_id=84
  12. CALL TO ORDER
  13. ROLL CALL
  14. REGULAR AGENDA
  15. 1. Recommendation to approve the minutes of the Ethics Commission Regular Meeting on Wednesday, October 12, 2022.
    EC-Agenda Item
    Action: approve recommendation Passed

    A motion was made by Commissioner De Benedictis, seconded by Commissioner Añorve, to approve recommendation. The motion carried by the following vote:

  16. 2. Recommendation to receive and file an update on the Code of Conduct and Ethics.
    EC-Agenda Item
    Action: approve recommendation Passed

    A motion was made by Commissioner De Benedictis, seconded by Commissioner Shotwell, to approve recommendation. The motion carried by the following vote:

  17. 3. Recommendation to receive and file a presentation on the City’s hiring process, including classification position types and classification determination methodology.
    EC-Agenda Item
    Action: approve recommendation Passed

    A motion was made by Commissioner Wise, seconded by Commissioner De Benedictis, to approve recommendation. The motion carried by the following vote:

  18. 4. Recommendation to adopt resolution amending the Rules and Procedures of the Ethics Commission to include a Commission Disclosure Policy and the Campaign Contribution Policy previously adopted by the Commission.
    EC-Resolution
    Action: approve recommendation and adopt Passed

    A motion was made by Commissioner Shotwell, seconded by Commissioner Fiedler, to approve recommendation and adopt Resolution No. E.C. 01-2022, as amended on the floor. The motion carried by the following vote:

  19. 5. Recommendation to continue the study session to discuss the October 12, 2022 memorandum titled “Notice of Alleged Violations of the City’s Ethics Policy” regarding the conduct of certain Councilmembers.
    EC-Agenda Item
    Action: laid over Passed

    A motion was made by Commissioner Wise, seconded by Commissioner De Benedictis, to approve recommendation, as amended, to [1] continue the item to the Ethics Commission meeting of Wednesday, December 14, 2022; [2] request additional information including the videos related to the complaint, the City Attorney Memo on Legal Restrictions on Campaign Activities, a presentation on LBMC Chapter 1.26 and related FPPC regulations on advertisements and disclosures, and any updated response from the FPPC on the complaint; and [3] recommend the City Council be notified about the complaint. The motion carried by the following vote:

  20. 6. Recommendation to receive and file a report from the Ad Hoc Committee on the Development of an Ethics Program Motto and to adopt a recommendation of two or three mottos for City employees to vote on.
    EC-Agenda Item
    Action: approve recommendation Passed

    A motion was made by Commissioner Añorve, seconded by Commissioner De Benedictis, to approve recommendation, as amended, to recommend all four mottos selected by the Ad Hoc Committee on the Development of an Ethics Program Motto for City employees to vote on. The motion carried by the following vote:

  21. 7. Recommendation to review the Ethics Commission Action Plan and approve any updates.
    EC-Agenda Item
    Action: approve recommendation Passed

    A motion was made by Commissioner Shotwell, seconded by Commissioner Wise, to approve recommendation. The motion carried by the following vote:

  22. 8. Recommendation to request feedback from affected City Departments on the draft Investigations Protocol presented previously by an Ad Hoc Committee (Intake and Investigations and Oversight of the City Ethics Program).
    EC-Agenda Item
    Action: approve recommendation Passed

    A motion was made by Commissioner De Benedictis, seconded by Commissioner Añorve, to approve recommendation. The motion carried by the following vote:

  23. 9. Recommendation to receive and file a monthly update from the Ethics Officer.
    EC-Agenda Item
    Action: approve recommendation Passed

    A motion was made by Commissioner De Benedictis, seconded by Commissioner Wise, to approve recommendation. The motion carried by the following vote:

  24. 10. Recommendation to receive and file a report from the Ad Hoc Committees; and, if necessary, take appropriate action to dissolve or create Ad Hoc Committees.
    EC-Agenda Item
    Action: approve recommendation Passed

    A motion was made by Commissioner Shotwell, seconded by Commissioner Añorve, to approve recommendation, as amended, to dissolve the Ad Hoc Committee on the Ethics Commission Communication Policy and the Ad Hoc Committee on the Development of an Ethics Program Motto. The motion carried by the following vote:

  25. PUBLIC COMMENT
  26. ANNOUNCEMENTS
  27. ADJOURNMENT
  28. I, Jonathan Nagayama, City Clerk Analyst, certify that the agenda was posted not less than 72 hours prior to the meeting.
  29. NOTE: The agenda and supporting documents are available on the Internet at www.longbeach.gov. Agenda items may be reviewed in the Office of the City Clerk or online at the Main Library and at the Branch Libraries. Persons interested in obtaining an agenda via e-mail should subscribe to the City of Long Beach LINKLB System at www.longbeach.gov/linklb. E-Mail correspondence can be directed to cityclerk@longbeach.gov. If a special accommodation is desired pursuant to the Americans with Disabilities Act, or if you need the agenda provided in an alternate format, please phone the Office of the City Clerk at (562) 570-6101 by 12 noon, the day prior to the meeting. Inquire at the City Council Chamber Audio-Visual Room for an assistive listening device. jn