Title
Adoption of Resolution Establishing a City Council Policy that a City Council or City Staff Member Who Knowingly Violates the City Charter, an Applicable Criminal Statute or an Applicable Ethical Code of Conduct Shall Not be Entitled to Reimbursement from the City for Legal or Other Fees Arising Out of the Violation. (City Attorney 2310)
Body
To: Honorable Mayor and Members of the City Council
EXECUTIVE SUMMARY
In June 2019, the Alameda County Grand Jury issued a report concerning its investigation of the City of Alameda's (City) hiring process for a Fire Chief in 2017. The investigation reviewed accusations of undue influence on the former City Manager during that hiring process, in violation of the City Charter. The Grand Jury report states that the City itself undertook an investigation into these accusations and, as a result, two Council members hired personal attorneys to represent them in the City's investigation and have requested reimbursement from the City for their legal fees. In part, the Grand Jury made a recommendation that the City Council adopt a policy stating that Council members, who knowingly violate ethical codes of conduct or charter provisions, may not seek reimbursement for related legal representation. In response, the City Council directed staff to return with necessary documents to formally adopt such a policy. The resolution adopts such a policy applicable not only to City Council members, but also to City staff.
BACKGROUND
The City Charter provides that the City Manager is to appoint, with limited exceptions, all employees of the City, that no City Council member shall interfere with the City Manager's execution of the appointment powers, and that a City Council member's attempt to influence the City Manager in the appointment process subjects the City Council member to removal from office for malfeasance. In 2017, in context of the City Manager's selection process of Fire Chief, the former City Manager alleged that t...
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