“City of Banning Council and City Manager Relationship”

Findings and Recommendations 3 findings

F1

The 2018 – 2019 RCCGJ investigation discovered recent incidents where one City Council Member frequently circumvented the authority of the City Manager and dealt directly with department heads and city employees. In one example, a Council Member directed a police officer to open a criminal investigation into the water use activities of a private citizen. Council Member’s Independent Actions

Related Recommendations (1)

R1

City Council Members must follow Article 2.08.110 of the Banning Municipal Code which stipulates no council member has the authority to act alone without the concurrence of a council quorum and an actionable vote. The city attorney and/or designated legal expert should instruct City Council Members of their duties and responsibilities. Council Member’s Independent Actions

F2

One Council Member’s actions created a destructive culture within the city government. Interviews of Banning employees revealed that several city employees resigned from city employment in response to improper, unprofessional and inappropriate contact and actions by this Council Member. Another such action was directing an Interim Police Chief on the day-to-day functions in the police department. This Interim Police Chief regularly adopted these directions as his own and appeared to not make independent decisions. Low Employee Retention

Related Recommendations (1)

R2

The Banning City Manager must, per Banning Municipal Code Article 2.08.110, require department heads to notify him or her of any unauthorized contact by any City Council member. Low Employee Retention

F3

One Council Member’s inappropriate actions have contributed to low employee retention and difficulty in filling open positions with qualified personnel. An acting city manager, a department head, and several other city employees left city employment following continuous harassment. The word “bully” was frequently used to describe this Council Member’s interactions with former and current city employees. This hostile work environment has resulted in litigation settlements from the City of Banning which totaled nearly two million dollars ($2,000,000).

Related Recommendations (1)

R3

The Banning City Council Members must strive to eliminate such bullying behavior and implement specific policies and procedures for disciplinary actions against any city council member or department head who violates city procedures or ordinances. The City Council should publically censure any of it members who violate standards of civil and ethical conduct, including violations of laws and municipal codes. They must govern themselves in a professional manner. SUMMARY The Banning Municipal Code and Ordinances are clear on how the City Council and City Manager are expected to interact. The people of Banning deserve and expect the proper function and operation of their city government. The City Council and City Manager must aspire and strive toward collaboration and professionalism in order to govern effectively. The dynamics of solid city government demand cooperation, civility and trust. GOALS The citizens of Banning should:  Hold the City Council accountable to high standards and expectations  Observe, attend and voice their concerns at City Council public meetings  Vote for City Council members who inspire confidence and will perform their duties according to laws and policies  Run for elected office to open up a wider range of candidates  File a written complaint regarding any city agency with the appropriate department Report Issued: 06/18/2019 Report Public: 06/21/2019 Response Due: 09/23/2019 4

Agency Responses 1

Government agencies' official responses to this report's findings and recommendations. Click on a response to see the structured breakdown.

Response to 2018-2019 Grand Jury Report: City of Banning Council and City Manager Relationship

August 28, 2019 • 4 pages • 4 responses • Score: +1 (+1, 0, 0) View Details ▾

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4 responses to findings and recommendations

F1

The 2018 – 2019 RCCGJ investigation discovered recent incidents where one City Council Member frequently circumvented the authority of the City Manager and dealt directly with department heads and city employees. In one example, a Council Member directed a police officer to open a criminal investigation into the water use activities of a private citizen. Council Member’s Independent Actions

Response: Agree Score: +1

is as follows: The City Council generally agrees with this finding. The Council believes that Councilmembers should abide by Banning Municipal Code Section 2.08.110 and deal with the administrative services of the City through the City Manager and not give orders to any subordinate of the City Manager. A decision by the City Manager to hire a department director that is not someone universally supported by all councilmembers should not then become a basis for a Councilmember to not talk to the City Manager about issues directly with the City Manager. The Grand Jury's Finding No. 2 was as follo...

R1

City Council Members must follow Article 2.08.110 of the Banning Municipal Code which stipulates no council member has the authority to act alone without the concurrence of a council quorum and an actionable vote. The city attorney and/or designated legal expert should instruct City Council Members of their duties and responsibilities. Council Member’s Independent Actions

Response: Unknown

Score: 0

is as follows: The City Council agrees with the recommendation that Councilmembers should follow Banning Municipal Code Section 2.08.110 and that no councilmember has the authority to act alone and without the concurrence of a quorum of the Council at a properly agendized meeting. The City Council agrees that the City Attorney should instruct City Council Members of their duties and responsibilities and that additional instruction has commenced and will continue to take place in upcoming meetings and workshops. The Grand Jury's Recommendation No. 2 was as follows: "Council Member's Independent...

R2

The Banning City Manager must, per Banning Municipal Code Article 2.08.110, require department heads to notify him or her of any unauthorized contact by any City Council member. Low Employee Retention

Response: Unknown

Score: 0

is as follows: The City Council agrees with this Recommendation. The Grand Jury's Recommendation No. 3 was as follows: Riverside County Court August 28, 2019 Page 4 "Low Employee Retention 3. The Banning City Council Members must strive to eliminate such bullying behavior and implement specific policies and procedures for disciplinary actions against any city council member or department head who violates city procedures or ordinances. The City Council should publically censure any of its members who violate standards of civil and ethical conduct, including violations of laws and municipal co...

R3

The Banning City Council Members must strive to eliminate such bullying behavior and implement specific policies and procedures for disciplinary actions against any city council member or department head who violates city procedures or ordinances. The City Council should publically censure any of it members who violate standards of civil and ethical conduct, including violations of laws and municipal codes. They must govern themselves in a professional manner. SUMMARY The Banning Municipal Code ...

Response: Unknown

Score: 0

is as follows: The City Council agrees that there needs to be disciplinary actions against any city councilmember or department head who violates city procedures and ordinances. The City Council will be considering two motions for censure at its meeting on September 10, 2019, one of which is specifically based on the Findings and Recommendations of the 2019 Report and the other one is based on the Findings and Recommendations of the 2018 Grand Jury Report. The City Council appreciates the opportunity to respond to the report. Should you have any further questions or desire any further informat...

No Responses Found 1

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