HomeMy Public PortalAbout15-114RESOLUTION NO. 15-114
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARSON, CALIFORNIA, CENSURING CITY CLERK JIM DEAR
FOR CONDUCT UNBECOMING OF A CARSON ELECTED
OFFICIAL AND FOR VIOLATIONS OF ETHICAL PRINCIPLES
APPLICABLE TO EVERY CARSON ELECTED OFFICIAL
WHEREAS, the City of Carson (hereinafter the "City") has detennined that it is essential
for the proper operation of the City for the public to have confidence in the integrity of its local
government officials; and
WHEREAS, the City Council adopted a Code of Ethics, Municipal Code section 2450,
which establishes ethical standards of conduct for elected members of the City Council and
appointees to City boards, committees, and commissions; and
WHEREAS, the City's Code of Ethics, though not made directly applicable to the elected
positions of City Clerk or City Treasurer, nonetheless articulates standards of behavior and
aspirational codes of conduct that every Carson elected or appointed public official should
adhere to and aspire to achieve, including, but not limited to, compliance with all federal, state
and local laws, the conducting of his or her official actions in a manner that such actions are
"above reproach," and engaging in behaviors in a manner so as to avoid even "the appearance of
impropriety-" and
WHEREAS, on August 27, 2015, outside investigator Maria K. Aarvig, Esq.,
commenced an investigation into complaints made by various members of City staff related to
conduct attributed to City Clerk Jim Dear, including allegations of racial animus, creation of a
hostile workplace and other acts of mistreatment of both City employees and non -employees,
which if established could amount to conduct unbecoming an elected official, conduct
constituting violation(s) of the City's Code of Ethics, and/or conduct that could expose to City to
claims of violation of state and/or federal law; and
WHEREAS, during the initial investigation, Attorney Aarvig interviewed thirteen (13)
employees, including men and women of various races and from multiple departments within the
City, gathered certain evidence, tested for corroboration the allegations made, and prepared a
written report summarizing the results of this independent investigation; and
WHEREAS, no elected officials were interviewed or consulted by the investigator during
the course of her interviews; and
WHEREAS, on September 14, 2015, Attorney Aarvig finished an initial confidential
report which summarized the interviews with the thirteen (13) employees (the same report made
public in a redacted version dated September 29, 2015), and Attorney Aarvig also prepared an
executive summary of the initial confidential report dated September 14, 2015; and
WHEREAS, on September 15, 2015 at a regular City Council meeting, Attorney Aarvig
presented to the City Council in closed session the initial confidential report dated September 14,
2015, and the City Council voted unanimously to make the executive summary of the report
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public on the same night and added an urgency item on the same night's agenda for Attorney
Aarvig to present her findings and recommendations to the public; and
WHEREAS, at the September 15, 2015 Council meeting Attorney Aarvig presented
findings and conclusions that sufficient information had been conveyed from which the City
Council could make findings that City Clerk Jim Dear has violated the City's Code of Ethics,
and which would give rise to a duty on the part of the City to take immediate remedial action:
and
WHEREAS, the independent report prepared by Attorney Aarvig found that sufficient
information has been conveyed from which the City Council could make findings that City Clerk
Jim Dear fostered, encouraged, and promoted racial division and animosity within the work
environment, bullied City staff leading to the creation of a hostile workplace environmentwhich
would give rise to a duty on the part of the City to take immediate remedial action; and
WHEREAS, the independent report prepared by Attorney Aarvig further found that
sufficient information has been conveyed from which the City Council could make findings that
City Clerk Jim Dear's public persona is entirely different from the way he behaves towards staff
behind closed doors, that he created a hostile workplace envirom-nent for staff, and City staff
have a widespread fear of retaliation for speaking out against City Clerk Jim Dear which would
give rise to a duty on the part of the City to take immediate remedial action; and
WHEREAS, based on the findings of the initial confidential report dated September 14,
2015, Attorney Aarvig, among other recommendations, during the public session, recommended
that the City Council consider formally censuring City Clerk Jim Dear based upon her findings
of potential violations of federal and state laws applicable to the workplace and her findings of
violation of the Carson Code of Ethics; and
WHEREAS, after hearing Attorney Aarvig's findings and recommendations, on
September 15, 2015 the City Council determined to call, and then called, a special City Council
meeting on September 17, 2015 to consider whether to adopt the findings and/or
recommendations of Attorney Aarvig; and
WHEREAS, at the September 15, 2015 City Council meeting City Clerk Jim Dear, in
response to the allegations against him of racial animus, creation of a hostile workplace
environment, and other alleged acts mistreatment of both City employees and non -employees,
stated publically (while addressing the Carson City Council and as recorded on videotape
starting at approximately I hour and 21 minutes into the meeting) that, in response to the actions
the City Council was contemplating taking in response to the Aarvig report, with "all due respect
to the elected officials, whatever you decide, I respect your office, I respect your office as City
Council member, your office as Mayor, Mayor Pro Tem, and whatever you decide I will
and
certainly cooperate with you....'
WHEREAS, on September 16, 2015, Attorney Aarvig unsuccessfully attempted to
interview City Clerk Jim Dear, only to be informed that she would have to talk to the City
Clerk's attorney, while, at the same time, the City Clerk refused to provide Attorney Aarvig with
the name or contact information of his attorney; and
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WHEREAS, City Clerk Jim Dear personally appeared at the September 17, 2015 City
Council hearing with legal counsel and requested that the City Council delay its consideration of
his possible censure to allow more time to respond to the allegations and findings and to allow
the City Clerk an opportunity to personally participate in the investigation and to be interviewed
by the investigator; and
WHEREAS, on September 17, 2015 at the special City Council hearing, following
presentation of the investigator's public report, the City Clerk's response(s) to the same, public
comment on the same, and the deliberations of the City Council, Resolutions 15-102 and 15-103
were adopted (true and correct copies attached hereto as Exhibits "A" and "B" and their findings
and provisions are hereby fully incorporated herein). Resolution 15-102 set forth procedure for a
censure hearing to be held on October 20, 2015. Resolution 15-103 adopted certain interim
remedial safety measures modified slightly from those recommended by Attorney Aarvig. The
Council then set the date of October 20, 2015 to consider the possible censure of the City Clerk,
and to consider the status of the temporary remedial measure after allowing City Clerk Jim Dear
to seek proper supervisory and sensitivity training paid for by the City; and
WHEREAS, on September 17, 2015 at the special City Council hearing, the City Clerk
and his legal counsel publically expressed a willingness to participate in the investigation and to
be interviewed by the investigator and the City Council encouraged City Clerk Jim Dear both to
participate in the investigation and/or to provide responses to the independent investigative
report in writing, orally or in any form he and his counsel deemed appropriate; and
WHEREAS, between the September 17, 2015 and the October 20, 2015 City Council
meetings, Attorney Aarvig then interviewed eight (8) additional employees or fori-ner employees
following the same process and procedures as the previous interviews with the initial thirteen
(13) employees, subsequent to which Attorney Aarvig prepared a supplemental report dated
October 15, 2015; and
WHEREAS, between the September 17, 2015 and the October 20, 2015 City Council
meetings, the City Clerk declined to participate in the investigation, repudiated his public
expression of willingness to be interviewed, and failed or refused to provide any written
response(s) to the initial or supplemental investigative reports provided to him and his legal
counsel. On September 25, 2015, the City Clerk's counsel fori-nally corresponded with the City
indicating that his client would not be willing to be interviewed as a part of the investigation; and
WHEREAS, although City Council Resolution No. 15-103 adopted on September 17,
2015 provided that, out of concern for the safety of City employees, City Clerk Jim Dear was
"barred from access to all non-public and/or restricted areas of City Hall, with the exception of
access to the Office of the City Clerk and its environs;" and
WHEREAS, in direct violation of this directive, City Clerk Jim Dear repeatedly entered
non-public/restricted areas of City Hall: twice on October 6, 2015 he entered the City Council
Office; and, on September 24, on or about October 1, and on October 8, 2015 he entered the
Field Deputy Office; and
WHEREAS, City Council Resolution No. 15-103 adopted on September 17, 2015 further
provides that, for the safety of City employees, City Clerk Jim Dear was barred "from direct
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supervision of, or directing the performance of the duties of. any member of City staff..." and all
requests for work for him have to be in writing or have to be coordinated through the City
Manager's office for the protection of the employees; and
WHEREAS, in direct violation of this directive, on September 23, 2015 City Clerk Jim
Dear directly requested that a Senior staff member in the Carson Department of Human
Resources complete work for him, causing concern by this senior employee who has worked at
Carson City Hall since 1979 that she was being implicated in the breaking of City rules; and
WHEREAS, in further direct violation of this directive, shortly after the independent
investigative report about his behavior was released and he was asked not to directly give orders
to staff, City Clerk Jim Dear directed Carson staff hang his picture in the City Clerk's Office,
prompting the staff member to ask the Assistant City Manager for assistance in addressing this
directive; and
WHEREAS, City Council Resolution No. 15-103 further provided that, out of respect for
the requests from the employees involved in the investigation and the understandable fears of
witnesses who had come forward to give testimony to the independent investigator, the City
Clerk was prohibited "from communicating directly, or indirectly, with any member of City staff
about such staff members' actual or perceived participation in, interview for, or providing
information to, the City's independent investigator regarding the alleged conduct or other actions
of the City Clerk...;" and
WHEREAS, in direct violation of this directive, on October 1, 2015, the City Clerk
confronted the Principle Administrative Analyst for the City of Carson, while she was
performing her duties as Elections Official, and attempted to engage her in conversation about
her testimony in the investigation, and further attempted to correct her version of the events; and
WHEREAS, only a few short days after promising to cooperate and in direct violation of
City policies and procedures, the City Clerk purported to "deputize" certain of his political allies
as "volunteers," giving the same access to non-public and/or restricted areas of City Hall. This
action was taken without complying with established City protocols for utilization of volunteers,
without obtaining necessary security clearances, and without determining if these "volunteers"
were qualified to work with, handle, or create, maintain and preserve the official records of the
City of Carson, or have access to the City's safes and vaults. When these "volunteers" initiated
the steps necessary to comply with City*s security procedures (after being repeatedly requested
to do so by the Interim City Manager, City Attorney and the Assistant City Manager), the City
Clerk directed such "volunteers" to fail or refuse to comply with these standard City protocols.
As a direct and immediate consequence of his acts of insubordination, the City was compelled to
expend the legal fees in order to successfully obtain a court order restraining the City Clerk's
illegal conduct and that of his "volunteers."
WHEREAS, in connection with the legal action the City filed, on October 15, 2015, a
Los Angeles Superior Court Judge in the case of City of Carson vs. James Dear, et aL (Case No.
BC 595892) found that "[Defendant Jim] Dear's actions in allowing non -City employees to enter
non-public and restricted areas of City Hall contributes to the atmosphere of fear and discomfort
pervasive at City Hall. The City has an affirmative obligation to provide its employees with a
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safe and non -hostile work environment, which is compromised by [Defendant Jim] Dear"s
behavior;"and
WHEREAS, on or about September 23, 2015, a Carson resident lodged a complaint with
the City that, while in the Office of the City Clerk for the sole purpose of obtaining a copy of
deputy city clerks was
certain meeting minutes, one of the City Clerk's purported "volunteer'
utilizing the Offices of the City Clerk to publically lobby, along with the City Clerk himself. this
resident about certain ongoing efforts to recall the City Clerk. The Carson resident also
complained that she felt harassed by the City Clerk and his "volunteer" deputy city clerk and
reported to the City that such actions were "very inappropriate and not how she thought tax
monies should be used;" and
WHEREAS, on October 20, 2015, at a duly noticed regular meeting of the Carson City
Council, the City Council considered possible censure of City Clerk Jim Dear based upon the
findings in the independent investigative report by Attorney Aarvig. The council entertained the
report from City staff, the report and findings and conclusions from Attorney Aarvig concerning
her joint September 14, 2015 initial report and her October 15, 2015 supplemental report, the
response from legal counsel for City Clerk Jim Dear, extensive public comment from Carson
residents, and extensive public comment from present and former Carson City employees who
were involved in the independent investigation (no less than 6 of those involved in the
investigation provided emotional public statements concerning their personal and first hand
experiences in the workplace with City Clerk Jim Dear -- these statements involved accounts of
racist comments, bullying, interference with the City Council/City Manager form of goverm-nent,
complete disregard for City rules and procedure, and creation of an overall hostile work
environment). The current Carson Director of Community Services who, although having not
participated in the investigation up to that point, also felt compelled to provide statements to his
well-founded belief that City Clerk Jim Dear (in his capacity as former Carson Mayor) wanted
him fired solely because of his race and later opposed his promotion again solely based on his
race; and
WHEREAS, at the October 20, 2015 meeting, the City Council also considered the
possible adoption of permanent remedial safety measures and other recommendations of
Attorney Aarvig with respect to City Clerk Jim Dear; and
WHEREAS, City Clerk Jim Dear chose not to appear at the October 20, 2015 meeting
and only his attorney of record, Mr. Bradly Hertz, appeared.
NOW THEREFORE, the City Council of the City of Carson, hereby FINDS,
DETERMINES and RESOLVES as follows:
1. The foregoing recitals are true and correct and are incorporated herein as is set
forth in full.
2. The two (2) written reports of Attorney Aarvig and the testimony of all the
employees who spoke at the October 20, 2015 Censure Hearing are incorporated into this
resolution as set forth in full.
3. Based upon these reports, the responses of legal counsel for the City Clerk, and
the comments of residents, the interviews of present and former employees of the City, and the
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public comments of present and former employees of the City, the City Council is of the
following opinions:
(a) CREDIBILITY OF PRESENT AND FORMER CITY EMPLOYEE
STATEMENTS AND THOSE OF THE CITY CLERK.
The present and former employees interviewed were cooperative but reluctant to
speak out of fear of retaliation; each had a genuine fear of consequences by City Clerk Jim Dean
they were not in concert or in any organized manner; they represent a breadth of departments,
races and background; they were consistent on substance of testimony;
City Clerk Jim Dear has a pattern and practice of making inconsistent statements
and disregarding promises he makes publicly and his public persona is entirely different from the
way he behaves towards staff behind closed doors,
City Clerk Jim Dear's refusal to participate in the investigation after publically
agreeing to be interviewed, his refusal to offer an apology to any of the individuals who provided
the investigator with information about his conduct and behavior, and his response that employee
statements reflected in the investigative reports were entirely politically motivated and/or were
lies, demonstrates that City Clerk Jim Dear: fails or refuses to take the investigative reports
seriously; has a lack of empathy for City staff, shows no remorse for statements even his legal
counsel acknowledged were "in artful;- and demonstrates a lack of respect for protocols or
directives set by the City or the Court.
(b) MANIFESTATIONS OF THE CITY CLERK'S FAILURE OR
REFUSAL TO FOLLOW LAW, POLICIES, OR PROCEDURES OF THE CITY OF
CARSON.
The Carson Code of Ethics provides in Principle No. 2, "Comply with the Law,"
that "[m]embers shall comply with the laws of the nation, the State of California and the City of
Carson in the performance of their public duties. These laws include, but are not limited to: the
United States and California constitutions; the Carson Municipal Code; laws pertaining to
conflicts of interest, election campaigns, financial disclosures, employer responsibilities, and
open processes of goverriment. Members shall also comply with all applicable City policies and
procedures."
City Clerk Jim Dear has, in the opinion of the City Council, violated Carson Code
of Ethics Principle No. 2, and exposed the City to possible workplace liabilities, among other
things discussed at the October 20, 2015 hearing in detail, by:
1) Exhibiting an attitude and a long-standing pattern and practice of racial animus
and abusive behavior (pre -dating his election as City Clerk and continuing to the present),
including:
i) City Clerk Jim Dear's treatment of non -blacks with favoritism, such as
directing that an employee be given a raise "because he's White-"
ii) Insisting that a black employee be terminated if a white employee is
terminated, regardless of performance;
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iii) Criticizing recommendations for black candidates to key positions
because they were black;
iv) Insisting that the office of the former Black City Clerk be "fumigated"
when he took office;
v) Passing over a Black employee in his department for work assignment.
including the taking of the minutes by giving the assignment to the non -city employee;
vi) Disparately treating the Black employee in his department by refusing
to give her the combination to the Clerk's safe though it was given to all other department
employees who are not black; and
vii) Overall, attributing community security problems to race, generalizing
citizens and employees into racial groups and making comments in the workplace to his
staff about not letting "Blacks take over" thereby creating a hostile work environment
and creating racial division in the community.
2) Bullying and creating an unsafe environment and threatening retaliation
against employees;
3) Singling out female employees for abusive behavior and comments when
they are alone or there is limited staff, and
4) Ignoring City policies and procedure and the council-manager structure of
Carson City government (Govt. Code §§ 34851-59) as described in detail below.
Furthermore, at the September 15, 2015 City Council meeting, in response to the
first report prepared by Attorney Aarvig, City Clerk Jim Dear publically pledged to the City
Council that he would cooperate and follow the directives of the Council, but then proceeded at
the same meeting to threaten Captain Christopher Marks of the Los Angeles County Sheriffs
department in front of witnesses; and
Despite his public promise at the September 15, 2015 City Council meeting, as set
forth above in this Resolution, City Clerk Jim Dear has also blatantly disregarded the City's
recent efforts to apply proscriptions on his conduct by violating the provisions of Resolution No.
15-10' ) and the rules set by the City in that Resolution for the protection of the City's employees.
(c) MANIFESTATIONS OF THE CITY CLERK'S CONDUCT
UNBECOMING ANY ELECTED OFFICIAL IN THE CITY OF CARSON.
The Carson Code of Ethics provides in Principle No. 3, "Conduct of Members,"
that "[t]he professional and personal conduct of members must be above reproach and should
take steps to avoid even the appearance of impropriety. Members shall refrain from abusive
conduct, personal charges or verbal attacks upon the character or motives of other members of
the Council, commissions, boards and committees, the staff or the public."
City Clerk Jim Dear has, in the opinion of the City Council, violated Carson Code
of Ethics Principle No. 3 by engaging in conduct unbecoming any elected official in the City of
Carson as manifested in his disparaging of City staff and the public, including: repeatedly
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referring to other elected officials as "stupid," incompetent," "unprofessional," a "liar,'"
44corrupt," or even "evil;" referring to management staff using demeaning terms such as
.scumbag" or "a**hole;" characterizing those who oppose his views "crazy" or "psychotic;'"
attempting to involve City staff in what his lawyer characterized as the "rough and tumble" of
City politics; having temper tantrums, threatening staff with the loss of their jobs, verbal attacks
easily becoming
on staff and residents, staff -bashing, bullying, and attempting to intimidate staff,
agitated and red-faced, and behaving erratically and unpredictably in the workplace, resulting in
staff being afraid of the City Clerk and not knowing how far his behavior will go, which also
violates Principle 2 of the Code of Ethics discussed above.
(d) MANIFESTATIONS OF THE CITY CLERK'S CONDUCT
EVIDENCING RACIAL ANIMUS AND BIAS IN HIS DECISION MAKING.
The Carson Code of Ethics provides in Principle No. 6, "Decisions Based on
Merit," that "Members shall base their decisions on the merits and substance of the matter at
hand, rather than on unrelated considerations."
City Clerk Jim Dear has, in the opinion of the City Council, violated Carson Code
of Ethics Principle No. 6 by engaging in decision making not based on merit, including: calling
for the termination of a Black employee to balance the termination of a White employee for no
reason other than the race of the employee; commenting that blacks are "taking over" Carson
political or social functions; treating white employees with favoritism; and criticizing applicants
because they were black; manipulating hiring decisions in favor of people with whom he had a
personal friendship, relationship or who are political allies; manipulating ten-ninations of valued
staff members without cause; and advocating for the termination of City Managers and
department heads who sought to prevent his acts of retaliation; directing City staff to hire and/or
promote his friend(s).
(e) MANIFESTATIONS OF THE CITY CLERK'S CONDUCT IN
UNDERMINING THE INTEGRITY OF CITY GOVERNANCE.
The Carson Code of Ethics provides in Principle No. 14, "Policy Role of
Members," that "[m]embers shall respect and adhere to the council-manager structure of Carson
City government. In this structure, the City Council determines the policies of the City with the
advice, information and analysis provided by the public, commissions, boards, committees, and
City staff."
City Clerk Jim Dear has, in the opinion of the City Council, violated Carson Code
of Ethics Principle No. 14 and engaged in a long-standing pattern and practice (pre -dating his
election as City Clerk and continuing to the present) of disregarding and actively undermining
the council-manager structure of Carson city governinent (Govt. Code §§ 34851-59), including:
directing the then -City Manager, Mr. Nelson Hernandez, to terminate a Black department head,
specifically because he was Black; directly intervening in two City Manager employment
decisions; expressing his anger for the hiring of two female Black department heads; pressuring
City management to create a position, then hire and then promote as a field deputy a female with
whom he has a personal relationship with; pervasively directing City staff with assignments
unrelated to his duties as City Clerk; ignoring City management and directly injecting himself in
day-to-day operations of City business; cultivating and promoting an atmosphere where staff fear
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retaliation for their failure to comply with City Clerk directives; directly interfering in the
administrative functions of staff, empowering City vendors and favored City Commissioners to
make inappropriate demands on or purport to direct City staff, demanding multiple times a day
to increase the font size on City Clerk's parking sign; pressuring a former City Manager to
support unfavorable contracts benefiting favored associates; threatening to fire this City Manager
for his resistance to such.
(f) MANIFESTATIONS OF THE CITY CLERK'S CONDUCT IN
CREATING OR FOSTERING A HOSTILE WORKPLACE ENVIRONMENT.
The Carson Code of Ethics provides in Principle No. 16, "Positive Workplace
Environment," that "[m]embers shall support the maintenance of a positive and constructive
workplace environment for City employees and for citizens and businesses dealing with the City.
Members shall recognize their special role in dealings with City employees to in no way create
the perception of inappropriate direction to staff" as well as Principles 2 & 3 of the Code of
Ethics discussed above; and
City Clerk Jim Dear has, in the opinion of the City Council, violated Carson Code
of Ethics Principle No. 16 by his conduct as detailed above in this Resolution under his violation
of Principles 2 and 3 in addition to engaging in a long-standing pattern and practice (pre -dating
his election as City Clerk and continuing to the present) of cultivating a hostile and antagonistic
workplace, by acts of bullying City staff, subjecting City staff to his mean-spirited and
condescending comments about other staff, themselves or City Managers, City department
heads, and City elected officials; creating and cultivating an environment where City staff (past
and present) are fearful of exercising their right to complain in anticipation of retaliation;
creating a workplace described as "tense," "toxic," "awkward," "strained," "embarrassing,"
pervasively intimidating," "scary," "uncomfortable," chaos," and "unsafe."
(g) MANIFESTATIONS OF THE CITY CLERK'S CONDUCT GIVING
RISE TO A DUTY ON THE PART OF THE CITY COUNCIL TO TAKE REMEDIAL
ACTIONS, CONSISTENT WITH THE REQUIREMENTS OF LAW, TO ASSURE A
SAFE, HOSPITABLE, AND PROFESSIONAL WORK ENVIRONMENT FOR CITY
EMPLOYEES AND CARSON RESIDENTS.
City Clerk Jim Dear has, in the opinion of the City Council, engaged in a pattern
and practice of his conduct and statements (pre -dating his election as City Clerk and continuing
to the present) which gives rise to a duty on the part of the City to take immediate remedial
actions, consistent with the requirements of law, to foster and assure a safe, hospitable, and
professional work environment within Carson City Hall for City employees and City residents
A alike.
Based on the foregoing, the City Council is of the opinion that the actions
statements, and objectively manifest attitudes of the City Clerk are unbecoming any elected
official in the City of Carson and violate the ethical standards that should apply to all elected
public officials of the City.
The City Council hereby censures City Clerk Jim Dear and condemns, in the
strongest manner legally permissible given his status as an elected official, his objectively
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manifest attitudes, his statements, and his conduct as an elected official detailed in this resolution
and the two (2) reports prepared by the City's independent investigator.
The City Council expresses its profound disappointment that the City Clerk failed
and refused to attend the October 20, 2015 City Council meeting or to provide his personal
response to any of the investigator's reports, findings, or recommendations or to offer any
apologies to the affected employees and/or members of the public and instead that same night
attended a political function as a guest.
The City Council is troubled that legal counsel for the City Clerk summarily
dismissed as "lies" the statements of almost 20 employees from different races, genders and
departments (past and present) reflected in the two (2) detailed independent investigative reports
without offering any explanatory response(s) to the same.
The City Council is shocked that legal counsel for the City Clerk would seek to
reduce the disturbing pattern and practice of racially hostile and other demeaning statements as
simply "in artful" expressions of his client and if so, the City Council expresses its profound
disappointment that the City Clerk refused to apologize for his "in artful" expressions and
refused to complete the required supervisory and sensitivity trainings which all City non -elected
supervisors must complete which if his defense of being "in artful" is genuine, could have
assisted him in developing better and more appropriate supervisory skills.
The City Council is further shocked that legal counsel for the City Clerk would
seek to "blame the victims" of his client's conduct by demeaning their perceptions and their
statements to the investigator as matters of "misperception" of the City Clerk's intent.
The City Council is further shocked that legal counsel for the City Clerk would
seek to dismiss his client's actions as simply the "rough and tumble" of Carson politics. Even if
true, employees of the City are not elected into office -- they should not be subject to nor
purposely be put in the middle of the "rough and tumble" of Carson politics.
The City Council has learned from City Clerk internal office documents and the
investigator's interviews, as shown in her Supplemental Report of Investigation of City Clerk
Jim Dear dated October 15, 2015, that City Clerk Jim Dear performs limited tasks, primarily
certain ceremonial functions, and that Deputy City Clerks are tasked with performing the
professional duties of this office. Attached hereto as Exhibits "C" and "D" to this resolution, and
incorporated herein by this reference, are true and correct copies of City Clerk office charts
evidencing the foregoing, comparing the function of the City Clerk's office under the
predecessor City Clerk and now.
The City Council is further troubled that City Clerk Jim Dear has "self-limited"
his duties as City Clerk by directing his staff to perform almost all of the City Clerk's duties, and
thereby voluntarily stripping himself of personally discharging most of. if not all, of his duties of
the Office of the City Clerk to his Deputy City Clerks.
The City Council is of the opinion that the voters of the City of Carson elected the
City Clerk for the purpose of serving as a professional city clerk with a salary of approximately
$120,000 a year and with the expectation that he would serve as a "professional" City Clerk who
performs the duties as performed by his predecessor City Clerk.
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On October 15, 2015, a Los Angeles Superior Court Judge in the case of City of
Carson vs. James Dear, et al. (Case No. BC 595892) found that "[Defendant Jim] Dear's actions
in allowing non -City employees to enter non-public and restricted areas of City Hall contributes
to the atmosphere of fear and discomfort pervasive at City Hall. The City has an affirmative
obligation to provide its employees with a safe and non -hostile work environment, which is
compromised by [Defendant Jim] Dear's behavior."
Moreover, the independent reports prepared by Attorney Aarvig, which have been
incorporated herein, are, in the opinion of the City Council, sufficient to give rise to a duty on
the part of the City to take immediate remedial action in order to avoid ongoing violations of the
City's Code of Ethics, and prevent possible violations of federal and state law, including Title
VII of the Civil Rights Act of 1964 and California's Fair Employment and Housing Act, and is
inappropriate and unacceptable for a public official representing the City of Carson.
Accordingly, in addition to this resolution of censure and condemnation, the City
Council, in conformance with the directives of the Superior Court, adopts a companion
resolution herewith implementing certain remedial measures to correct and eliminate the
statements, conducts, and attitudes censured herein and to provide protections for its employees.
PASSED, APPROVED and ADOPTED at a special meeting of the City Council on this
27 th day of October, 2015.
ATTEST:
Deputy City Clerk
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RESOLUTION NO. 15-114
Pg. 12 of 12
Z_
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF CARSON
1, Joy Simarago, Deputy City Clerk of the City of Carson, California, do hereby certify that the
whole number of members of the City Council is five; that the foregoing resolution, being
C, C,
Resolution No. 15-114 was duly and regularly adopted by said Council at a regular meeting duly
1h of C,
and regularly held on the 27 October, 2015, and that the same was passed and adopted by
the following vote:
L�
AYES: COUNCIL MEMBERS: Mayor Robles, Santarina, Davis -Holmes, Hilton,
and Gause-Aldana
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
DepuAyityV Clerk Joy Simarago
RESOLUTION NO. 15-102
A RE -SOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARSON, CALIFORNIA, GIVING NOTICE, PURSUANT TO
MUNICIPAL CODE SECTION 2450(D), OF COMMENCEMENT OF
THE PROCESS TO CONSIDER THE POSSIBLE CENSURE OF THE
CITY CLERK FOR VIOLATION OF THE CITY'S CODE OF ETHICS
WHEREAS, the City of Carson (hereinafter the "City") has determined that it is essential
for the proper operation of the City for the public to have confidence in the integrity of its local
government; and
WHEREAS, the City has adopted a Code of Ethics as part of its Municipal Code through
City Ordinance, Municipal Code section 2450, which establishes ethical standards for all City
officials, including elected officials; and
WHEREAS, the City's Code of Ethics establishes that an elected official's
responsibilities include compliance with federal, state and local laws, and that an elected
official's conduct in his official affairs should be above reproach and avoid the appearance of
impropriety; and
WHEREAS, the Code of Ethics provides that the City Council may Lake action in
response to any violation of the Code of Ethics, including a resolution of censure; and
WHEREAS, on August 27, 2015, outside investigator Maria K. Aarvig, Esq.,
commenced an investigation into complaints made by various members of City staff related to
conduct attributed to City Clerk Jim Dear, including allegations of discrimination, retaliation,
creation of a hostile workplace and other alleged treatment of both City employees and non-
employees, which if proven to be true could constitute multiple violations of the City's above -
referenced Code of Ethics; and
WHEREAS, during the investigation, Investigator Aarvig interviewed thirteen (13)
employees, including men and women of various races and from multiple departments within the
City, gathered certain evidence, tested for corroboration the allegations made, and prepared a
written report summarizing the results of this independent investigation; and
WHEREAS, no elected officials were interviewed; and
WHEREAS, die independent report prepared by Attorney Aarvig finds and concludes
that sufficient information has been conveyed to give rise to a duty on the part of the City to take
inunediate remedial action from which the City Council could make findings that City Clerk Jim
Dear has violated the above -referenced Code of Ethics; and
WHEREAS, the independent report prepared by Attorney Aarvig further found that
sufficient information has been conveyed to give rise to a duty on the part of the City to take
irrunediate remedial action from which the City Council could make findings that City Clerk Jim
Dear fostered, encouraged, and promoted racial division and animosity within work
environment; and
01007.0004/268568.5 Resolution No, 15-102
September 17, 2015
Page 1 of 5
EXHIBIT "A"
WHEREAS, the independent report prepared by Attorney Aarvig further found that
sufficient information has been conveyed to give rise to a duty on the part of the City to take
immediate remedial action from which the City Council could make findings that City Clerk Jim
i ar s ff and
Dear regularly and pervasively made offensive and insult ng rem ks about nonwhite ta
elected officials, using terms such as "incompetent ... .. scumbag," "unprofessional," "liar,"
"compt," "evil," "stupid," "just no good," referring to someone as "an asshole" and commenting
on hair in a racially derogatory context; and
WHEREAS, the independent report prepared by Attorney Aarvig further found that
sufficient information has been conveyed to give rise to a duty on the part of the City to take
immediate remedial action from which the City Council could make findings that City Clerk Jim
Dear's public persona is entirely different from the way he behaves towards staff, and,
WHEREAS, the independent report prepared by Attorney Aarvig further found that
sufficient information has been conveyed to give rise to a duty on the part of the City to take
immediate remedial action from which the City Council could make findings that City Clerk Jim
Dear has angry outbursts, becomes agitated and red-faced, and behaves erratically and
unpredictably in the workplace, resulting in staff being afraid of Mr. Dear and not knowing how
far his behavior will go; and,
WHEREAS, the independent report prepared by Attorney Aarvig further found that
sufficient information has been conveyed to give rise to a duty on the part of the City to take
immediate remedial action from which the City Council could make findings that City staff feel
unsafe in the workplace because of concern that City Clerk Jim Dear could just "snap" or go
"Postal" and that he is unstable to the point there is a fear he could become violent; and,
WHEREAS, the independent report prepared by Attorney Aarvig further found that
sufficient information has been conveyed to give rise to a duty on the part of the City to take
immediate remedial action from which the City Council could make findings that City staff feel
so shaken after confrontations with City Clerk Jim Dear in the office as to become physically ill
or emotionally distraught; and,
WHEREAS, the independent report prepared by Attorney Aarvig further found that
sufficient information has been conveyed to give rise to a duty on the part of the City to take
immediate remedial action from which the City Council could make findings that City staff
from multiple departments are concerned enough about personal safety that they have planned an
escape route in case of an outburst by City Clerk Jim Dear; and,
WHEREAS, the independent report prepared by Attorney Aarvig further found that
sufficient information has been conveyed to give rise to a duty on the part of the City to take
immediate remedial action from which the City Council could make findings that City Clerk Jim
Dear threatens City staff with termination; bullies, threatens and intimidates staff, u es others to
spy on City staff or does it himself-, puts staff in the middle of conflicts with members of City
Council or the City Manager; takes out his frustrations on staff and embarrasses and humiliates
them in front of others; and interferes with the work of City staff, and,
WHEREAS, the independent report prepared by Attorney Aarvig further found that
sufficient information has been conveyed to give rise to a duty on the part of the City to take
01007.0004/268568.5 Resolution No. 15-102
September 17, 2015
Page 2 of 5
immediate remedial action from which the City Council could make findings that City Clerk Jim
Dear manipulated City staff into hiring his girlfriend, Monette Gavino and thereafter mistreated
Ms. Gavino in front of City staff; and,
WHEREAS, the independent report prepared by Attorney Aarvig further found that
sufficient information has been conveyed to give rise to a duty on the part of the City to take
immediate remedial action from which the City Council could make findings that City Clerk Jim
Dear treats non -blacks with favoritism, such as directing that an employee be given a raise
"because he's white;" avoids giving work assignments to black employees; has insisted that a
black employee be terminated if a white employee is terminated, regardless of performance; and
criticized recommendations for black candidates to key positions because they were black; and,
WHEREAS, the independent report prepared by Attorney Aarvig further found that
sufficient information has been conveyed to give rise to a duty on the part of the City to take
immediate remedial action from which the City Council could make that City staff actively
avoids City Clerk Jim Dear, including avoiding eye contact and staying behind locked doors as
much as possible; and,
WHEREAS, the independent report prepared by Attorney Aarvig further that sufficient
information has been conveyed to give rise to a duty on the part of the City to take immediate
remedial action from which the City Council could make findings that City staff fears being
caught alone with Mr, Dear; and,
WHEREAS, the independent report prepared by Attorney Aarvig further found that
sufficient information has been conveyed to give rise to a duty on the part of the City to take
immediate remedial action from which the City Council could make findings that City staff has a
w idespread fear of retaliation for speaking out against Mr. Dear; and,
.i
WHEREAS, the independent report prepared by Attorney Aarvig further found that
sufficient information has been conveyed to give rise to a duty on the part of the City to take
immediate remedial action from which the City Council could make findings that City Clerk Jim
Dear's conduct towards City staff creates a potential liability for the City, is inconsistent with
federal and state law and City policy, and given the number of complaining parties and the
frequency of the offensive conduct, could be found to be severe and pervasive; and,
WHEREAS, the independent report prepared by Attorney Aarvig further found that
sufficient inforination has been conveyed to give rise to a duty on the part of the City to take
immediate remedial action from which the City Council could make findings that an atmosphere
of fear of retaliation and retribution exists among City staff; and,
WHEREAS, as an elected official, the City Clerk is not subject to the same rules and
restrictions applicable to City staff, although the conduct of an elected official in the workplace
subjects the City to the same liabilities; and,
WHEREAS, WHEREAS, irrespective of the fact that the City Clerk is not subject to the
same rules and restrictions applicable to City staff, the City still owes an affirmative duty to its
employees pursuant to federal and state law, including but not limited to Title VII of the Civil
Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment
Act, the Federal Whistleblower Protection Act, the Califomia Fair Employment and Housing
0100T00041268558.5 Resolution No. 15-102
September 17, 2015
Page 3 of 5
Act, the California Labor Code, including Labor Code section 1102.5, and the California
Whistleblower Protection Act.
NOW, THEREFORE, be it resolved by the CITY COUNCIL of the CITY of CARSON,
CALIFORNIA, as follows:
Section L The foregoing recitals are true and correct and are incorporated by
reference herein.
Section 2. The independent report prepared by Attorney Aarvig fin-ther found that
sufficient information has been conveyed to give rise to a duty on the part of the City to take
immediate remedial action from which the City Council could make findings that City Clerk Jim
Dear's conduct has violated the City's Code of Ethics, likely violates federal and state law,
including Title VII of the Civil Rights Act of 1964 and Califbrn�ia's Fair Employment and
Housing Act, and is inappropriate and unacedptable for a public official representing the City of
Carson, and this Resolution serves as a formal notice to Mr. Dear pursuant to Carson Municipal
Code section 2450 that a hearing will be held on October 20, 2015, to consider whether there is
sufficient evidence to publicly censure him for his conduct as described above ("Censure
Hearing").
. Section 3. The independent investigator has reached out to City Clerk Jim Dear to
afford him an opportunity to respond to the employees' statements. Mr. Dear has declined to
speak to the investigator. Mr. Dear is hereby afforded the options to contact the investigator to
respond to the allegations prior to the Censure Hearing, or he may respond to same in writing,
prior to the Censure Hearing, or if he wishes he may respond orally at the September 17th
hearing. His failure to respond to this notice shall as prescribed herein, shall be deemed a waiver
of his right to respond to the investigation.
PASSED, APPROVED and ADOPTED at a regular meeting of the City
Council on this 17'� day of September, 2015.
ATTEST:
y
Joy Simarago, Deputy City Clerk
01007.0004/268568.5 Resolution No. 15-102
September 17, 2015
Page 4 of 5
APPROVED AS TO FORM:
Sunny K. Soltani, City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
1, Joy Simarago, Deputy City Clerk of the City of Carson, hereby attest to and certify that the
foregoing resolution is the original resolution adopted by the Carson City Council at its special
meeting held on the 17th day of September, 2015, by the following vote:
AYES:
COUNCIL MEMBERS:
Mayor Robles, Davis -Holmes, Hilton, and Gause
NOES:
COUNCIL MEMBERS:
None
ABSTAIN:
COUNCIL MEMBERS:
Santarina
ABSENT:
COUNCIL MEMBERS:
None
01007.00041268568.5 Resolutlan No. 15-102
September 17, 2015
Page 5 of 5
ryJoy imarago, Deputy City Clerk
RESOLUTION NO. 15-103
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARSON, CALIFORNIA, CONSIDERING CERTAIN REMEDIAL
RECOMMENDATION WITH RESPECT TO THE FINDINGS
RELATED TO THE CITY CLERK IN THE INDEPENDENT
INVESTIGATION REPORT OF CREASON & AARVIG, LLP,
DATED SEPTEMBER 14,2015.
WHEREAS, the City of Carson (hereinafter the "City") has determined that it is essential
for the proper operation of the City for the public to have confidence in the integrity of its local
government; and
WHEREAS, the City has adopted a Code of Ethics as part of its Municipal Code through
City Ordinance, Municipal Code section 2450, which establishes ethical standards for all City
officials, including elected officials; and
WHEREAS, the City's Code of Ethics establishes that an elected official's
responsibilities include compliance with federal, state and local laws, and that an elected
official's conduct in his official affairs should be above reproach and avoid the appearance of
impropriety; and
WHEREAS, the Code of Ethics provides that the City Council may take action in
response to any violation of the Code of Ethics, including a resolution of censure; and
WHEREAS, on August 27, 2015, outside investigator Maria K. Aarvig, Esq.,
commenced an investigation into complaints made by various members of City staff related to
conduct attributed to City Clerk Jim Dear, including allegations of discrimination, retaliation,
creation of a hostile workplace and other alleged treatment of both City employees and non-
employees, which if Proven to be true could constitute multiple violations of the City's above -
referenced Code of Ethics; and
WHEREAS, during the investigation, Investigator Aarvig interviewed thirteen (13)
employees, including men and women of various races and from multiple departments within the
City, gathered certain evidence, tested for corroboration the allegations made, and prepared a
written report summarizing the results of this independent investigation; and
WHEREAS, no elected officials were interviewed; and
WHEREAS, the independent report prepared by Attorney Aarvig finds and concludes
that sufficient information has been conveyed to give rise to a duty on the part of the City to take
immediate remedial action from which the City Council could make findings that City Clerk Jim
Dear has violated the above-referenccd Code of Ethics; and
WHEREAS, the independent report prepared by Attorney Aarvig further found that
sufficient information has been conveyed to give rise to a duty on the part of the City to take
01007.00041268569.4 Resolution No. 15-103
September 17, 2015
Page I of 7
EXHIBIT "B"
immediate remedial action from which the City Council could make findings that City Clerk Jim
animosity within work
Dear fostered, encouraged, and promoted racial division and
environment; and
WHEREAS, the independent report prepared by Attorney Aarvig further found that
sufficient information has been conveyed to give rise to a duty on the part of the City to take
immediate remedial action from which the City Council could make findings that City Clerk Jim
Dear regularly and pervasively made offensive and insulting remarks about nonwhite staff and
elected officials, using tenris such as "incompetent," "scumbag," "unprofessional," C'liar,"
C6corrupt," "evil," "stupid," "just no good," referring to someone as "an asshole" and commenting
on hair in a racially derogatory context; and
WHEREAS, the independent report prepared by Attorney Aarvig ftulher found that
sufficient information has been conveyed to give rise to a duty on the part of the City to take
immediate remedial action from which the City Council could make findings that City Clerk Jim
Dear's publicpersona is entirely different from the way he behaves towards staff; and,
WHEREAS, the independent report prepared by Attorney Aarvig further found that
sufficient information has been conveyed to give rise to a duty on the part of the City to take
immediate remedial action from which the City Council could make findings that City Clerk Jim
Dear has angry outbursts, becomes agitated and red-faced, and behaves erratically and
unpredictably in the workplace, resulting in staff being afraid of Mr. Dear and not knowing how
far his behavior will go; and,
WHEREAS, the independent report prepared by Attorney Aarvig further found that
sufficient information has been conveyed to give rise to a duty on the part of the City to take
immediate remedial action from which the City Council could make findings that City staff feel
unsafe in the workplace because of concern that City Clerk Jim Dear could just "Snap" or go
"Postal" and that he is unstable to the point there is a fear lie could become violent; and,
WHEREAS, the independent report prepared by Attorney Aarvig further found that
sufficient information has been conveyed to give rise to a duty on the part of the City to take
immediate remedial action from which the City Council could make findings that City staff feel
so shaken after confrontations with City Clerk Jim Dear in the office as to become physically ill
or emotionally distraught; and,
WHEREAS, the independent report prepared by Attorney Aarvig further found that
sufficient information has been conveyed to give rise to a duty on the part of the City to take
immediate remedial action from which the City Council could make findings that City staff
from multiple departments are concerned enough about personal safety that they have planned an
escape route in case of an outburst by City Clerk Jim Dear; and,
WHEREAS, the independent report prepared by Attorney Aarvig further found that
sufficient information has been conveyed to give rise to a duty on the part of the City to take
immediate remedial action from which the City Council could make findings that City Clerk Jim
Dear threatens City staff with termination; bullies, threatens and intimidates staff, uses others to
spy on City staff or does it himself; puts staff in the middle of conflicts with in mbers of City
01007.0004/268569.4 ResolutIon No 15-103
September 17, 2015
Page 2 of 7
Council or the City Manager; takes out his frustrations on staff and embarrasses and humiliates
them in front of others; and interferes with the work of City staff; and,
WHEREAS, the independent report prepared by Attorney Aarvig further found that
sufficient information has been conveyed to give rise to a duty on the part of the City to take
immediate remedial action from which the City Council could make findings that City Clerk Jim
Dear manipulated City staff into hiring his girlfriend, Monette Gavino and thereafter mistreated
Ms. Gavino in front of City staff, and,
WHEREAS, the independent report prepared by Attorney Aarvig further found that
sufficient information has been conveyed to give rise to a duty on the part of the City to take
immediate remedial action from which the City Council could make findings that City Clerk Jim
Dear treats non -blacks with favoritism, such as directing that an employee be given a raise
"because he's white;" avoids giving work assignments to black employees; has insisted that a
black employee be terminated if a white employee is terminated, regardless of performance; and
criticized recommendations for black candidates to key positions because they were black; and,
WHEREAS, the independent report prepared by Attorney Aarvig further found that
sufficient information has been conveyed to give rise to a duty on the part of the City to take
immediate remedial action from which the City Council could make that City staff actively
avoids City Clerk Jim Dear, including avoiding eye contact and staying behind locked doors as
much as possible; and,
WHEREAS, the independent report prepared by Attomey Aarvig further that sufficient
information has been conveyed to give rise to a duty on the part of the City to take immediate
remedial action from which the City Council could make findings that City staff fears being
caught alone with Mr. Dear; and,
WHEREAS, the independent report prepared by Attorney Aarvig further found that
sufficient information has been conveyed to give rise to a duty on the part of the City to take
immediate remedial action from which the City Council could make findings that City staff has a
widespread fear of retaliation for speaking out against Mr. Dear; and,
WHEREAS, the independent report prepared by Attorney Aarvig further found that
sufficient information has been conveyed to give rise to a duty on the part of the City to take
immediate remedial action from which the City Council could make findings that City Clerk Jim
Dear's conduct towards City staff creates a potential liability for the City, is inconsistent with
federal and state law and City policy, and given the number of complaining parties and the
frequency of the offensive conduct, could be found to be severe and pervasive; and,
WHEREAS, the independent report prepared by Attorney Aarvig further found that sufficient
information has been conveyed to give rise to a duty on the part of the City to take immediate
remedial action from which the City Council could make findings that an atmosphere of fear of
retaliation and retribution exists among City staff; and,
WHEREAS, as an elected official, the City Clerk is not subject to the same rules and
restrictions applicable to City staff, although the conduct of an elected official in the workplace
subjects the City to the same liabilities; and,
01 007.GO04/268569.4 Resolution No. 15-103
September 17, 2015
Page 3 of 7
WHEREAS, it has come to the City Manager's attention that Mr. Dear had, without the
permission of the City Council or City Manager, brought in a lock -smith during none City Hall
hours and had changed the key and lock to the office of the City Clerk without providing a copy
or notice to anyone of doing same; and,
WHEREAS, pursuant to the City's municipal code, section 2107(l), the City Manager has
the full authority to exercise general supervision over all public buildings, including the City
Hall; and,
WHEREAS, as an elected official, the City Clerk is not subject to the same rules and
restrictions applicable to City staff, although the conduct of an elected official in the workplace
subjects the City to the same liabilities; and,
WHEREAS, irrespective of the fact that the City Clerk is not subject to the same rules
and restrictions applicable to City staff, the City still owes an affirmative duty to its employees
pursuant to federal and state law, including but not limited to Title VII of the Civil Rights Act of
1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the
Federal Whistleblower Protection Act, the California Fair Employment and Housing Act, the
California Labor Code, including Labor Code section 1102.5, and the California Whistleblower
Protection Act; and,
WHEREAS, the current employees in City Clerk's office are employees of the City, who
ultimately answer to the City Manager. The City Manager has the power and duty "[tlo control,
order, give directions to, appoint, promote, discipline and demote or remove all heads of groups
and divisions, except the City Clerk, the City Attorney, and the City Treasurer, and all
subordinate officers and employees of the City . . . [and] [flo exercise control over and to
supervise in general all groups and divisions of the City Government and all appointive officers
and employees thereof except the City Clerk, the City Attorney, and the City Treasurer." CMC §
2107(b),(c); and,
WHEREAS, the City Council will hold a hearing on October 20, 2015 to consider the
possibility of publicly censuring the City Clerk ("Censure Hearing").
NOW, THEREFORE, be it resolved by the CITY COUNCIL of the CITY of CARSON,
CALIFORNIA, as follows:
Section 1. The foregoing recitals are true and correct and are incorporated by
reference herein.
Section 2. The City Council finds and determines that sufficient information has been
conveyed to give rise to a duty on the part of the City to take immediate remedial action and that
City Clerk Jim Dear has engaged in conduct that has potentially violated the City's Code of
Ethics, conduct that potentially violated federal, including Title VII of the Civil Rights Act of
1964 and conduct that potentially violated state law, including California's Fair Employment and
Housing Act, and is inappropriate and unacceptable for a public official representing the City of
Carson.
010OT0004/20569A Resolution No. 15-103
September 17, 2015
Page 4 of 7
Section 3. In light of this, the City Council has initiated a process which will afford
the City Clerk an opportunity to respond to the evidence contained in the independent
investigator's report prior to taking any possible City Council action to censure him and/or to
formally counsel him to seek professional psychiatric assistance regarding his alleged behavior
noted in the independent investigator's report.
Section 4. While lacking the legal authority to place the elected City Clerk on
administrative leave pending completion of the investigation into his alleged conduct, the City
Council does have authority and hereby directs the City Clerk as follows: (1) the City Clerk
shall adhere to all existing City's rules, regulations, policies, and standard municipal practices
("SMP"s); (2) the City Clerk shall adhere to all federal and state laws in his dealings with City
staff, including, but not limited to, Title VII of the Civil Rights Act of 1964, the Americans with
Disabilities Act, the Age Discrimination in Employment Act, the Federal Whistleblower
Protection Act, the California Fair Employment and Housing Act, the California Labor Code,
including Labor Code section 1102.5, and the California Whistleblower Protection Act; and (3)
the City Clerk shall attend a City provided training program on his supervisory responsibilities
over City employees, such training to be completed within 30 days of the effective date of this
resolution and the same to be provided through the Human Resources Department of the City at
no expense to the City Clerk.. It is important to note this training is necessary in light of the
unique position of an elected City Clerk wherein he directly super -vises staff at times.
Section 5. The City Council hereby prohibits the City Clerk, or anyone one acting for
or on his behalf, from communicating directly, or indirectly, with any member of City staff about
such staff members' actual or perceived participation in, interview for, or providing information
to, the City's independent investigator regarding the alleged conduct or other actions of the City
Clerk noted hereinabove.
Section 6. The City Manager has determined that it is necessary for him to take the
following actions until such time that the Censure Hearing is held: (1) bar the City Clerk from
direct supervision of, or directing the performance of the duties of, any member of City staff
including City employees assigned to the Office of the City Clerk; and (2) to exercise his sound
discretion in implementing necessary directives, recognizing that, by law, the City Manager has
the power and duty "[tjo control, order, give directions to, appoint, promote, discipline and
demote or remove all heads of groups and divisions, except the City Clerk, the City Attorney,
and the City Treasurer, and all subordinate officers and employees of the City ... [and] [flo
exercise control over and to supervise in general all groups and divisions of the City Government
and all appointive officers and employees thereof except the City Clerk, the City Attorney, and
the City Treasurer." CMC § 2107(b),(c). Consistent with this section, the City Manager is
afforded the exercise of his sound discretion in his supervision of City employees assigned to the
Office of the City Clerk, including, as appropriate, directing such staff to report to him directly
and to take directive from him exclusively until such time that the City Manager deems it
otherwise appropriate, However, the City Council directs the City Manager to assure that
sufficient staff assistance is provided through the City Manager's office to the City Clerk to
permit the City Clerk to discharge his statutory duties.
0100TOOD41/268569.4 Resolution No. 15-103
September 17, 2015
Page 5 of 7
Section 7. The City Council further directs the City Manager to change the lock(s) on
the City Clerk's office(s) so as to permit the City Manager access to all City offices, including all
offices in the area where City staff work with the City Clerk,
Section 8. Pursuant to municipal code section 2107(l), the City Manager has the full
authority to exercise general supervision over all public buildings, including the City Hall. The
City Manager has determined out of concern for his employees and based on a modified version
of the recommendation of the independent investigator Attorney Aarvig, that until such time that
the Censure Hearing is held absent the advance authorization of the City Manager, the City Clerk
be barred from access to all non-public and/or restricted areas of City Hall, with the exception of
access to the Office of the City Clerk and its environs. The City Council directs the City
Manager to assure that there is sufficient access to such non-public and/or restricted areas of City
Hall to permit the City Clerk to discharge his statutory duties.
PASSED, APPROVED and ADOPTED at a regular meeting of the City
Council on this 17th day of September, 2015.
Mayor,'Albert Robles
ATT LST:
T'
A,"'S IaWCi_t
0 arago, De I,
y
01007.00041268569.4 Resolution No. 15-103
September 17, 2015
Page 6 of 7
CERTIFICATE OF ATTESTATION AND ORIGINALITY
1, JOY S]MARAGO, Deputy City Clerk of the City of Carson, hereby attest to and certify that
the foregoing resolution is the original resolution adopted by the Carson City Council at its
special meeting held on the 17th day of September, 2015, by the following vote:
AYES:
COUNCIL MEMBERS:
Mayor Robles, Davis -Holmes, Hilton, and Gause
NOES:
COUNCIL MEMBERS:
None
ABSTAIN:
COUNCIL MEMBERS:
Santarina.
ABSENT:
COUNCIL MEMBERS:
None
Jftimarago, �Lity C� y LClerk
01007-0004/268569.4 Resolution No, 15-103
September 17, 2015
Page 7 of 7
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