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HomeMy WebLinkAboutApprove Plan to Effectuate Three Recommendations Provided in y 2000 Main Street, �' . Huntington Beach, CA City of Huntington Beach 92648 ;; 9 , E�n� s- / �PE7D2s,0AJ-NA Ros"_Aeslew File #: 22-794 MEETING DATE: 9/20/2022 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Al Zelinka, City Manager PREPARED BY: Al Zelinka, City Manager Michael Gates, City Attorney Subject: Approve plan to effectuate three recommendations provided in the Richards, Watson, & Gershon (RWG) independent review of the City's handling of the Moore-Field litigation Statement of Issue: On July 5, 2022, City Council accepted the Legal Issues ad hoc subcommittee's recommendation to waive Attorney-Client privilege and release limited information in Richards, Watson, & Gershon's (RWG) report pertaining to the City's overall handling of the Moore-Field litigation. Within the report, RWG made several recommendations. City Council on August 2, 2022 requested staff to review three of those recommendations and provide guidance, within the next 60 days, on their implementation. Financial Impact: Funding will be provided within the City Attorney Office approved Fiscal Year 2022/23 budget. Recommended Action: Approve plan to implement three recommendations provided in RWG's independent review of the City's handling of the Moore-Field Litigation. Alternative Action(s): Do not approve the recommended action, and direct staff accordingly. Analysis: In July 2022, RWG presented an independent review of the City's handling of the Moore-Field litigation and whether there may have been alternate approaches that would have reduced the City's expenses and improved transparency between the parties involved. On August 2, 2022, City Council requested staff to assess and present a plan to implement three of those recommendations: Recommendation #1: The City Attorney's Office should provide training to City Council regarding their respective roles as attorney and client, as well as the resources of the City Attorney's Office. There should also be an extensive dialogue with City Council Members on ways to improve these City of Huntington Beach Page 1 of 3 Printed on 9/14/2022 powered LegistarTI File #: 22-794 MEETING DATE: 9/20/2022 relationships and access to resources. This training and dialogue should also be available to staff. • Implementation Plan: All required training will be provided by the City Attorney's Office and supplemented by additional training from the City Manager, City Clerk, and City Treasurer on their respective roles and resources. A proposed list of required and supplemental trainings is attached for consideration. The first of the required trainings would begin in January 2023 and continue throughout the year. Trainings will recur biennially after newly elected officials are seated to ensure they receive a strong working knowledge of the City at the beginning of their terms. REQUIRED TRAININGS TIMELINE Charter Office Roles and Responsibilities vis-vis Council • January City Attorney • City Clerk • City Treasurer • City Manager City Charter January Brown Act January Municipal Code February California Public Records Act February Code of Ethics February Administrative Regulations (ARs that are directly applicable to City March Council business) Political Reform Act (FPPC, Form 700) March Collective Bargaining March Election Activities Guidelines June Sexual Harassment Prevention Within 3 months of taking office & every 2 years thereafter B 1234 Within 3 months of taking office; every 2 years thereafter SUPPLEMENTAL TRAININGS TIMELINE Rosenberg's or Robert's Rules of Order December Onboarding for Newly Elected Officials (led by the City Manager's December Office with support from the CAO) City Council Rules of Order and Procedure (led by the City December Manager's Office with support from the CAO) Common Legal Matters Brought to Council (e.g. workers February compensation, civil litigation, etc) Administrative Regulations (all others) (led by the City Manager's March Office with support from the CAO) Incident Command System (ICS) Training (led bythe Fire April Department) Cybersecurity (led by Administrative Services-IS Division) May City of Huntington Beach Page 2 of 3 Printed on 9/14/2022 Powere73:k LegistarT" File #: 22-794 MEETING DATE: 9/20/2022 Recommendation #2: Determine whether the City should take any additional actions concerning potential violations of California Government Code sections 87407 and 1090 by former employee Brian Williams. As recommended in the RWG report, this determination should be made using independent outside counsel to remove any conflict of interest concerns. • Implementation Plan: The City Attorney will commission independent counsel from the City Attorney's Office's newly procured panel of law firms to provide analysis and recommendations for potential violations of California Government Code sections 87407 and 1090 by former employee Brian Williams. The independent counsel will work with the City Attorney and the City Manager to implement this recommendation. Recommendation #3: The City Attorney and City Council should evaluate the possibility that some or all of the payments the City made to the Greenberg Gross law firm following Mr. Williams' employment by that firm could be determined to be void by a court. Additionally, fees charged by Greenberg Gross to the City for researching conflict of interest and for hotel accommodations should be questioned. This evaluation should be made using independent outside counsel as appropriate. • Implementation Plan: The City Attorney will commission independent counsel from the newly procured panel of law firms to review the appropriateness of fees charged by Greenberg Gross, as well as the payments made by the City to the firm, and make recommendations for recourse if any such payments were inappropriate. The independent counsel will work with the City Attorney and the City Manager to implement this recommendation. In the event that independent counsel recommends legal action, there will be direct consultation with the City Attorney, City Manager, and City Council in a Closed Session. Environmental Status: Not applicable Strategic Plan Goal: Non Applicable - Administrative Item City of Huntington Beach Page 3 of 3 Printed on 9/14/2022 powered Legistar- City Council/Public Financing AGENDA September 20, 2022 Authority B) Authorize the City Manager to transmit this report to HUD by September 28, 2022. Approved 6-0-1 (Posey absent) ADMINISTRATIVE ITEMS 26. 22-780 Approved the dedication of the central hallway wall at the Senior Center in Central Park, in recognition of Michael E. Rodgers and name the former Senior Outreach Center building at 17th Street Park as Memorial amity Hall as recommended by the Community & Library Services Commission Recommended Action: A) Approve the recommendation by the Community & Library Services Commission to formally dedicate the central hallway wall at the Senior Center in Central Park in recognition of Michael E. Rodgers; and, B) Approve the recommendation by the Community & Library Services Commission to formally name the former Senior Outreach Building located at 1718 Orange Avenue as Memorial Commun't Hall. Approved as amended 6-0-1 (Posey absent) to name the former Senior Outreach Center building at 171h Street Park "Memorial Hall" 27. 22-794 Approved plan to effectuate three recommendations provided in the Richards, Watson, & Gershon (RWG) independent review of the City's handling of the Moore-Field litigation Recommended Action: Approve plan to implement three recommendations provided in RWG's independent review of the City's handling of the Moore-Field Litigation. Approved as amended 5-1-1 (Peterson-No;Posey-Absent) Recommended Action #1 amended to add Computer training Recommended Action #2 amended to add City Manager to determine scope of work; City Attorney to retain outside counsel; City Attorney Office to be recused from case;and City Manager to report findings to council COUNCILMEMBER COMMENTS (Not Agendized)-Delgleize ADJOURNMENT in memory of Robert L. Mayer, Sr. - 9:41 PM The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday, October 4, 2022, at 4:00 PM in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT http://www.huntingtonbeachca.gov Page 8 of 8 N G oral •L 16RWGLL Reportand i Recommendations Proposed Implementation Plan 01 �, I �•• September 20, 2022 Background • On July 5, 2022, Richards, Watson, & Gershon (RWG) presented an independent review of the City's handling of the Moore-Field litigation. • The review also presented recommendations that may have reduced the City's expenses and improved transparency. • On August 2, 2022, City Council requested staff to review three of those recommendations and return with a plan to implement them. ,�Nlirocro ouvry ' i Recommendation #1 : City Attorney's Office (CAO) should provide training to City Council regarding their respective roles as attorney and client, as well as on the resources of the CAO. Implementation : • CAO will provide all required training (see the next slide) that will also be supplemented with training from the City Manager, Clerk, and Treasurer regarding their respective roles and resources. • Required trainings will begin in January and continue through 2023. • After this year, trainings will continue biennially, immediately following ,.:......... each election year to ensure newly elected officials receive a strong working knowledge of the City at the beginning of their terms. _......-;= Charter Office Roles and Responsibilities vis-vis City Council January • City Attorney • City Clerk • City Treasurer • City Manager City Charter January Brown Act January Municipal Code February California Public Records Act February Code of Ethics February Administrative Regulations March (directly applicable to City Council business) Political Reform Act (FPPC, Form 700) March Collective Bargaining March Election Activities Guidelines June Sexual Harassment Prevention Within 3 months of taking office _` •�t=r ; and every 2 years thereafter AB 1234 Within 3 months of taking office and every 2 years thereafter Rosenberg's or Robert's Rules of Order December Onboarding for Newly Elected Officials December (led by the City Manager's Office with support from the CAO) City Council Rules of Order and Procedure December (led by the City Manager's Office with support from the CAO) Common Legal Matters Brought to Council February Administrative Regulations (all others) March (led by the City Manager's Office with support from the CAO) Incident Command System (ICS) Training April Cybersecurity May (led by Administrative Services— IS Division) //,..�—.__ fly 1 = 1 \ Cl 1 Recommendation ##2 : Determine if the City should take actions concerning potential violations of California Government Code Sections 87407 and 1090 by former employee Brian Williams. Implementation : • The City Attorney will commission independent counsel from the CAO's newly procured panel of law firms to analyze and make recommendations regarding these potential violations of the Government Code sections. • The independent counsel will work with the City Attorney and the City Manager to implement this recommendation. "-� r` Recommendation #3 : Evaluate the possibility of seeking reimbursement for some or all payments made to Greenberg Gross, following Brian Williams' employment with that firm. This should include payment for researching conflict of interest and travel expenses. Implementation : • The City Attorney will commission independent counsel from the CAO's newly procured panel to review the appropriateness of Greenberg Gross' fees, as well as payments made by the City to the firm. • If appropriate, the panel will make recommendations to seek reimbursement of those fees. • The independent counsel will work with the City Attorney and the City Manager to implement this recommendation. In the even that independent counsel i recommends legal action, there will be direct consultation with the City Council, City Attorney, City Manage in Closed Session. —Al �AflNG RW Report and 1Cool Recommendations S1 iiProposed Implementation Plan •F I '