Ethics Commission

Agenda

1. 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: 972 1155 3257 https://longbeach-gov.zoom.us/j/97211553257 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
2. CALL TO ORDER
3. ROLL CALL
4. REGULAR AGENDA
5. 1. Recommendation to approve the minutes of the Ethics Commission Special Meeting on Wednesday, December 14, 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:

6. 2. Recommendation to request the Chair and Vice Chair to prepare an annual report with the assistance of staff for transmission to Mayor and Members of the City Council on the Ethics Commission activities for 2022.
   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:

7. 3. Recommendation to provide staff with recommended changes to the draft Vendor’s Code of Conduct.
   EC-Agenda Item
   Action: approve recommendation Passed

   A motion was made by Chair Morales, seconded by Commissioner De Benedictis, to approve recommendation, as amended, to receive and file the comments and changes and create an Ad Hoc Committee on the draft Vendor’s Code of Conduct whose members are Commissioner De Benedictis and Commissioner Shotwell. The motion carried by the following vote:

8. 4. Recommendation to receive and file a presentation on the 2022 Biennial Conflict of Interest Code review for departments and commissions.
   EC-Agenda Item
   Action: approve recommendation Passed

   A motion was made by Chair Morales, seconded by Commissioner Wise, to approve recommendation, as amended, to accept City Clerk’s recommendation on how the Commission can participate in the ongoing process amendments to the code of conduct. The motion carried by the following vote:

9. 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: approve recommendation Passed

   A motion was made by Chair Morales, seconded by Commissioner De Benedictis, to approve recommendation, as amended, to [1] based on the information provided to the Commission and under the Commission’s limited authority, to recommend to the City Council that Mayor Richardson and Councilmember Austin are censured for violating the City’s Ethics Policies in speaking on behalf of the City Council without authorization of the City Council and because such communications by candidates in advertisements and public service announcements during an election cycle create the impression that the City supports the Councilmember’s respective candidacies; and [2] recommend to amend Long Beach Municipal Code 1.26 to add a prohibition on public service announcements from the time that an incumbent candidate files their nomination paperwork. The motion carried by the following vote:

10. 6. Recommendation to receive and file a report on an Overview of the Powers and Authorities of Local California Ethics Commissions.
    EC-Agenda Item
    Action: approve recommendation Passed

    A motion was made by Chair Morales, seconded by Commissioner De Benedictis, to approve recommendation, as amended, that the item be continued to the Ethics Commission meeting of Wednesday, February 8, 2023. The motion carried by the following vote:

11. 7. Recommendation to receive and file a presentation on the City of Long Beach employee Intranet Portal.
    EC-Agenda Item
    Action: approve recommendation Passed

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

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

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

13. 9. 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 Chair Morales, seconded by Vice Chair Pollack, to approve recommendation. The motion carried by the following vote:

14. PUBLIC COMMENT
15. ANNOUNCEMENTS
16. ADJOURNMENT
17. I, Jonathan Nagayama, City Clerk Analyst, certify that the agenda was posted not less than 72 hours prior to the meeting.
18. 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
19. ROLL CALL (3:04 PM)
20. PUBLIC COMMENT (5:23 PM)
21. ADJOURNMENT (5:24 PM)
22. 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: approve recommendation Passed

    A substitute motion was made by Commissioner Wise, seconded by Commissioner Shotwell, to approve recommendation, as amended, to recommend the City Council consider taking action on the alleged violations by Councilmember Austin and then Vice Mayor Richardson regarding the PSAs and in speaking on behalf of the City Council without authorization and creating the impression that the City supported their candidacy. The motion failed by the following vote:

23. 10. eComments and emails received for the Ethics Commission meeting of Wednesday, January 11, 2023.
    EC-Agenda Item
    Action: received and filed

    This EC-Agenda Item was received and filed.

24. FINISHED AGENDA & MINUTES
25. ANNOUNCEMENTS (5:23 PM)
26. 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.
27. REGULAR AGENDA (3:05 PM)
28. CALL TO ORDER (3:04 PM)
29. ETHICS COMMISSION IN-PERSON/VIRTUAL HYBRID MEETING PURSUANT TO AB 361 (GOV. CODE SECTION 54953(e)(1)-(2))