Sacramento County Grand Jury
• 2005-2006
ELK Grove City Council the Handling of Political Dissent Issue Do Councilman Michael P. Leary and other members of the
⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings and Recommendations 4 findings
F1
Councilman Leary’s comments in open session of a meeting of the EGCC on April 27, 2005 were inconsistent with the proper role of the legislative body of a local agency, in that the threat to deny funding was intended, designed and clearly perceived as a means of limiting political dissent with respect to the council’s policies, procedures, programs or services.
Related Recommendations (1)
R1
Councilman Leary’s comments and communications, which are the subject of this report, should be censured by the entire city council in open session.
F2
With one exception, council members failed to disassociate from Councilman Leary’s intimidating comments about council funding. Mayor Briggs’ suggestion that boards carefully select board members confirms his agreement with Councilman Leary’s threats.
Related Recommendations (1)
R2
Individual council members must clearly disassociate themselves from intimidating and unacceptable comments made, and behaviors expressed, by other members which are the subject of this report.
F3
While the city council adopted a Code of Ethics, they did not put in place any enforcement procedures or consequences.
Related Recommendations (1)
R3
The city council should adopt procedures and policies related to the enforcement of the Code of Ethics.
F4
Councilman Leary made threats through official law enforcement related electronic channels of communication to expose to the public a constituent’s past.
Related Recommendations (1)
R4
Councilman Leary should refrain from using any official law- enforcement channel of communication to engage in any non law-enforcement related activity. Response Requirements Penal Code sections 933 and 933.05 require that specific responses to both the finding and recommendations contained in this report be submitted to the Presiding Judge of the Sacramento Superior Court by October 1, 2006: (cid:131) The Elk Grove City Council. (1, 2, 3) The Grand Jury believes the public interest would be best served by, and residents of the City of Elk Grove deserve, a full and forthright response from Councilman Michael P. Leary to the Presiding Judge of the Sacramento Superior Court, and to the residents of Elk Grove. • Councilman Leary (1, 4) 12