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CITY OF HUNTINGTON BEACH
City Council Interoffice Communication
To: Honorable Mayor and City Council Members
From: Barbara Delgleize, Mayor /52)
Lyn Semeta, City Council Membe(�e6
Erik Peterson, City Council Members
Date: November 1, 2017
Subject: CITY COUNCIL MEMBER ITEM FOR THE NOVEMBER 6, 2017,
CITY COUNCIL MEETING — CENSURE OF A PUBLIC OFFICIAL
STATEMENT OF ISSUE:
At the previous City Council Meeting on October 16, 2017, City Council Member Billy O'Connell
made a few very objectionable statements during Council Member Comments. That portion of
the Council Meeting is specifically reserved for Council Members to share brief comments
about recent events attended, offer gratitude for various community activities, and the like. No
official Citv business, or serious matters to be discussed or considered by the Citv Council, are
to be discussed during this portion of the meeting.
However, at the October 16 meeting, Mr. O'Connell improperly revealed the details of an
individual's "complaint" lodged with the City, which called for an investigation into a particular
grievance/matter. Mr. O'Connell also made disparaging comments about City Departments and
called for specific actions to be taken regarding the grievance matter. Such complaints are
received by the Citv all the time, but the Citv's handlina of these comDlaints are not subiect to
Dublic disclosure durina the time of arievance/complaint review. or durina anv investiaation that
may result. This non -disclosure of such matters are a part, among other basis, of the City's
privileged deliberative and investigative processes.
Any such matter that a Council Member considers substantive, or a matter of Council -wide
concern, should be agendized. Raising an issue for comment or discussion of substance or
Council -wide concern, without properly agendizing the issue in advance, is a Brown Act
violation.
Mr. O'Connell's statements appear an attempt to call into question the integrity and character of
the City Manager's Office, City Attorney's Office, and the Police Department. These offensive
statements were likely illegal and may jeopardize the integrity of the investigation that may
occur.
City Council Members do not enjoy the same unbridled free speech at Council Meetings that the
public does. Council Members are limited by the Brown Act, limited by the City's entitlement to
maintain and Dreserve certain Drivileaes, and limited by City Council Meetina decorum. In order
to prevent Mr. O'Connell from continuing to violate the Brown Act, put at risk the privileges the
City is entitled to preserve, and from continuing to violate City Council Meeting decorum, we
recommend, as provided for in the Robert's Rules of Order, the following course of Censure
discipline:
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City Council Member Item — November 6, 2017, City Council Meeting
Page 2
November 1, 2017
RECOMMENDED ACTION:
Direct the City Manager and City Attorney to prepare a Resolution of Censure publicly
admonishing Council Member Billy O'Connell for his statements made during Council Member
Comments on October 16, 2017. This Resolution should state the facts succinctly and call for
Mr. O'Connell to formally apologize to the City for his inappropriate disclosures.
The Resolution should state that the City Council does not tolerate such public statements of
disparagement toward the men and women of other City departments, who deserve our respect.
The Resolution should also put Mr. O'Connell on notice that the City Council will not tolerate any
like statements in the future, and if such were to happen, that Mr. O'Connell will not be
permitted to speak at Council Meetings, and if such statements continue beyond that, Mr.
O'Connell may be subject to dismissal from City Council Meetings altogether by the Mayor and
Sergeant at Arms.
Xc: Fred Wilson, City Manager
Lori Ann Farrell Harrison, Assistant City Manager
Robin Estanislau, City Clerk
Michael Gates, City Attorney