City of Oakdale Case 12-09c

B removed confidential files from City Hall after being specifically instructed not to by the CM and thereby, acted with poor judgment. This is a violation of the Oakdale Handbook of Rules and Procedures for the Oakdale City Council, Chapter 1 (B) Ethical Behavior. 1 1 “Ethical behavior is what Councilmember ought to do, not just what they have to do. The law only sets minimum standards regarding ethical conduct. It is important to recognize that just because an action is legal, it doesn’t always mean it is ethical or reflects the values of Councilmember or the public. Councilmembers must strive to always put the good of Oakdale and its citizens first with the utmost in ethical and civil behavior.”

B and F interfered in a personnel issue by meeting with D without the prior notice or knowledge of the CM or Personnel Department. This is a violation of the Oakdale Handbook of Rules and Procedures for the Oakdale City Council, Chapter 1(I) Interference in Staff Functions.2 2 “The City Council shall deal with the administrative services of the City only through the City Manager, except for the purpose of inquiry, and neither the City Council nor any member thereof, shall give orders to subordinates of the City Manager. No member of the City Council shall publicly criticize or censure an staff member of the City, and shall instead relay any criticism of a staff member privately through the City Manager.”

Normal procedures for abstaining on an issue were violated in the July 18, 2011 Council meeting when B and G both abstained but remained in the room and participated in the discussion on adopting Resolution 2011-102. This was a violation of both the City of Oakdale Handbook of Rules and Procedures for the Oakdale City Council Chapter IV (B) (6) Abstention/Recuse: Conflict of Interest3 and Section 87105 (a)(3) of the California Government Elections Code.4 3 ”Councilmembers shall disqualify themselves and abstain from voting if they have a financial conflict of interest or any other disqualification prescribed by law in a matter before the City Council. In such event, they may not participate in the discussion or the vote. Councilmembers shall state the specific reason for such disqualification. Unless the matter is on the consent calendar, the abstaining Councilmember shall leave the Council dais until the conclusion of the agenda item. The matter will then proceed as though the member is not present, and the member shall not be counted toward making up a quorum. Further requirement on abstention and absence from the Chambers may be imposed by State law.” 4 “87105 (a). A public official who holds an office specified in Section 87200 who has a financial interest in a decision within the meaning of Section 87100 shall, upon identifying a conflict of interest or a potential conflict of interest and immediately prior to the consideration of the matter, do all of the following: … (3) Leave the room until after the discussion, vote, and any other disposition of the matter is concluded, unless the matter has been placed on the portion of the agenda reserved for uncontested matters.”

B moved to Grass Valley at the start of 2012 and is no longer living in the City; however B is still participating in the City Council meetings. By State election law (California Government Codes – Residency Requirements § 36502 (a))5, no council member is allowed to serve on Councils/Boards when they do not live within the establish limits of the jurisdiction they are representing. 5 “36502 (a). A person is not eligible to hold office as council member, city clerk, or city treasurer unless he or she is at the time of assuming the office an elector of the city, and was a registered voter of the city at the time nomination papers are issued to the candidate as provided for in Section 10227 of the Elections Code. If, during his or her term of office, he or she moves his or her place of residence outside of the city limits or ceases to be an elector of the city, his or her office shall immediately become vacant.”