R116051
City Council Meeting: July 9, 2024 Santa Monica, California
RESOLUTION NUMBER 11605 (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ADOPTING ADMINISTRATIVE INSTRUCTION NOS. III-2-3 DISCRIMINATION,
HARASSMENT, ABUSIVE CONDUCT, AND RETALIATION PREVENTION POLICY
AND COMPLAINT PROCEDURE; III-2-4, VIOLENCE IN THE WORKPLACE; III-2-6,
CODE OF ETHICS, COUNCIL RULES, AND CERTAIN OTHER LAWS, TO BE
APPLICABLE TO APPOINTED OFFICIALS AND PROVIDING FOR PROCESSES FOR
INVESTIGATING AND RESOLVING ALLEGED VIOLATIONS
WHEREAS, the City of Santa Monica and the City Council recognize and value
the commitment and efforts of Council appointees to City boards, commissions, and
committees, as the appointees dedicate their time, energy, and expertise to benefit the
City, its residents, and visitors; and
WHEREAS, it is the policy of the City of Santa Monica to ensure all officials and
employees follow laws concerning attorney client privilege and personnel matter
confidentiality, as well as limitations and procedures codified in laws such as the Brown
Act, Political Reform Act, other state laws, Council Rules, City ordinances, and
resolutions; and
WHEREAS, it is the policy of the City of Santa Monica to maintain and foster a
work environment in which all employees can work free of discrimination, harassment,
abusive conduct, or retaliation for having complained about suspected unlawful conduct;
and
WHEREAS, numerous federal, state, and local laws require training and/or
regulate behavior related to a workplace free of discrimination, harassment, abusive
conduct, and retaliation; workplace violence prevention; and ethics; and
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WHEREAS, the City of Santa Monica currently has Administrative Instruction No.
III-2-3, Discrimination, Harassment, Abusive Conduct, and Retaliation Prevention Policy
and Complaint Procedure, that applies to its applicants, employees, interns, volunteers,
customers, and contractors, in accordance with state law and regulations; and
WHEREAS, it is also the policy of the City of Santa Monica to provide a safe and
secure workplace free of any violence or threats of violence, and accordingly, the City of
Santa Monica currently has Administrative Instruction No. III-2-4, Violence in the
Workplace, that applies to its employees, interns, volunteers, and contractors, and
addresses acts or threats of violence in the workplace and sets forth an incident reporting
procedure for resolving complaints in accordance with state law and regulations; and
WHEREAS, it is also the policy of the City of Santa Monica to ensure the highest
ethical standards are maintained in the workplace, and accordingly, the City of Santa
Monica currently has Administrative Instruction No. III-2-6, Code of Ethics, that governs
the ethical standards and conduct of all City employees, and sets forth procedures for
identifying and investigating violations of the Code of Ethics; and
WHEREAS, Resolution No. 11427 (CCS) sets forth the Council Rules of Order and
Procedure, but does not include processes for addressing potential violations of the
resolution (Council Rules); and
WHEREAS, Resolution No. 11510 (CCS) sets forth policies for City Boards,
Commissions, Committees, Task Forces, and Regional Advisory Boards, applicable to all
appointed officials, but does not include processes for addressing potential violations of
the resolution (Boards and Commissions Rules); and
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WHEREAS, it is the Council’s policy not to utilize the City Attorney’s Office, nor
any other City official, for political purposes; and
WHEREAS, it is understood that the City Council, City Manager, City Clerk, and
City Attorney, as applicable, have a duty to protect City employees and others who
conduct business with the City or otherwise interact with City officials, staff, and
representatives, from unlawful and inappropriate conduct; and
WHEREAS, the City Council believes it is important to understand that the same
standards, processes, and remedies also should apply to the City’s appointed officials,
who are otherwise not necessarily covered by the City’s Administrative Instructions; and
WHEREAS, it is necessary to establish policies and procedures for the application
and implementation of these laws and policies.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
SECTION 1. The following City of Santa Monica Administrative Instructions, state
laws, confidentiality requirements, and local laws (all collectively for purposes of this
Resolution “Laws and Policies”) are hereby expressly made applicable to all members of
the City’s Boards, Commissions, and Committees, and employees, under the Council’s
appointment authority (“Appointed Members”) and incorporated into this Resolution:
A.Administrative Instruction No. III-2-3, Discrimination, Harassment, Abusive
Conduct, and Retaliation Prevention Policy and Complaint Procedure;
B.Administrative Instruction No. III-2-4, Violence in the Workplace;
C.Administrative Instruction No. III-2-6, Code of Ethics;
D.The Council Rules of Order and Procedure, adopted by Council resolution,
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as amended from time to time;
E.The Boards and Commissions Rules, adopted by Council resolution,
as amended from time to time;
F.Article XXII of the Santa Monica City Charter, the “City of Santa Monica
Taxpayer Protection Amendment of 2000,” commonly known as the “Oaks
Initiative;” and
G.California Government Code §§ 54950, et seq. (the Brown Act); and
H.California Government Code §§ 81000 et seq. (the Political Reform Act);
and
I.California Government Code §§ 1090 et seq. (conflicts of interest in
government contracting); and
J.All confidentiality laws, statutory and common law, regarding attorney client
privilege and personnel matters.
SECTION 2. Any suspected violations of the Laws and Policies involving
Appointed Members may be reported by any City official or employee to the City Attorney
and/or the City Manager.
SECTION 3. The City Attorney, in coordination with the City Manager, shall comply
with the following process concerning any alleged violations of the Laws and Policies by
an Appointed Member:
A.Discuss the matter with the reporting party and any key witnesses, and then
make an initial assessment whether the facts could lead to finding of a violation of
the Laws and Policies; if the determination is that it is likely, based upon the known
facts and the Laws and Policies that no legal or policy violation occurred, then the
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matter may be concluded, and the reporting party notified.
B. If it appears that a violation of Laws and Policies may have occurred, or the
facts cannot be determined without further investigation, then refer the matter to
either an independent investigator attorney, or an in house investigator, to
complete an investigation, findings, and report; and/or depending upon the
allegations and applicable laws, refer the matter to another appropriate agency.
C. If an investigation is commenced, it shall be conducted expeditiously, and
all parties and witnesses shall timely cooperate in providing interviews and/or
documentary evidence. The investigator shall have the power of subpoena to
compel testimony and/or production of documents or other evidence.
D. The investigator shall make a determination whether allegations of Laws
and Policies violations are either sustained or not sustained (or in part). Unless
another process is provided by resolution or ordinance, the report shall be provided
to the City Attorney’s Office, and shall be deemed attorney client privileged and
confidential attorney work product.
E. Following an investigation involving Appointed Member(s):
1. A summary of the investigative findings shall be prepared, and then initially
provided to the Mayor, Vice Mayor, City Manager, the reporting party, and the
accused.
2. The Mayor and Vice Mayor, along with the City Attorney and/or City
Manager, at the Mayor’s election, may meet with the accused to discuss the
findings and potential resolutions or remedial measures.
3. Where there are sustained findings, the City Attorney, in consultation with
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the Mayor, Vice Mayor, and City Manager, may prepare a “last chance
agreement,” through which the accused agrees to comply with applicable City
policies, and then present it to the accused to sign. If the accused signs the
agreement, then a summary of the events shall be prepared by the City
Attorney and provided to the entire Council.
4.If the agreement is not signed, the accused does not submit a resignation,
and/or should the City Attorney or City Manager determine that the matter is
sufficiently serious and/or that additional violations are likely to occur, then the
City Attorney shall notify the City Council of the findings and that it may be
appropriate for the City Council to consider censure or removal of an Appointed
Member.
SECTION 4. Investigations referenced herein shall be performed by a City
employee investigator, if a position for that purpose is authorized, funded, and filled, or
by a contract counsel attorney, if both funding for that purpose is available and/or the City
Attorney determines it may be a conflict for the matter to be handled by a City employee.
If sufficient resources are not available to complete an investigation required by this
Resolution, then the Council shall be made aware of the circumstances so that Council
may take further action as it deems appropriate.
SECTION 5. Any future changes to the Laws and Policies specified in this
Resolution shall also apply to the specified Appointed Members, and the changes shall
be reviewed by the City Attorney to determine whether they substantially affect this
Resolution and whether the Council should consider an amendment to this Resolution to
address the changes.
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SECTION 6. To the extent the provisions of this Resolution concerning
investigation procedures shall conflict with the provisions of any applicable Administrative
Instruction, the provisions of this Resolution shall control.
SECTION 7. The investigation findings and reports that result from the processes
set forth in this Resolution shall be utilized solely for the purposes as set forth herein, and
not for any other purpose.
SECTION 8.The City Manager, City Attorney, and/or City Clerk, or their designees,
shall arrange appropriate training on the matters covered by this Resolution.
SECTION 9.The City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
_________________________
Doug Sloan, City Attorney
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Adopted and approved this 9th day of July, 2024.
__________________________
Phil Brock, Mayor
I, Nikima S. Newsome, Interim City Clerk of the City of Santa Monica, do hereby
certify that Resolution No. 11605 (CCS) was duly adopted at a meeting of the Santa
Monica City Council held on the 9th day of July, 2024, by the following vote:
AYES: Councilmembers Zwick, Parra, Davis, de la Torre
Mayor Pro Tem Negrete, Mayor Brock
NOES: Councilmember Torosis
ABSENT: None
ATTEST:
_____________________________________
Nikima S. Newsome, City Clerk
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