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agenda city of watsonville city council/redevelopment agency meeting

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CITY COUNCIL 8.1 (a)<br />

City <strong>of</strong> Watsonville<br />

City Attorney’s Office<br />

M E M O R A N D U M<br />

DATE: June 9, 2011<br />

TO:<br />

FROM:<br />

SUBJECT:<br />

City Council<br />

Ad Hoc Ethics Committee<br />

Code <strong>of</strong> Ethics Investigation Report Regarding Mayor Dodge,<br />

Council Member Bersamin, and Library Board Trustee Rivas<br />

AGENDA ITEM: June 14, 2011 City Council<br />

DISCUSSION:<br />

Councilmember Martinez filed three separate ethics complaints. One on April 29, 2011, a<br />

second on May 2, 2011 and a third on May 3, 2011. All three are for conduct which occurred<br />

during Council <strong>meeting</strong>s.<br />

The first is against Mayor Dodge for statements he made during the April 26, Council <strong>meeting</strong><br />

after Gabriel Gonzalez spoke during “Comments from the Public.” Mr. Martinez filed the<br />

second complaint on May 2 against Antonio Rivas for calling Mr. Martinez a coward during the<br />

March 22 City Council <strong>meeting</strong> and because Mr. Martinez says Mr. Rivas has a history <strong>of</strong><br />

acting uncivilly (sic) and being rude to the public. Mr. Martinez filed a third complaint against<br />

Councilmember Bersamin based on a March 24 letter from Nick Bulaich alleging<br />

Councilmember Bersamin “used students" to make a rhetorical point during the March 22<br />

Council <strong>meeting</strong>.<br />

The Committee requested transcripts <strong>of</strong> the words spoken at each <strong>of</strong> the three <strong>meeting</strong>s and<br />

received transcripts. Copies <strong>of</strong> the transcripts and the complaints are attached to this staff<br />

report. The Committee then met to consider the transcripts and determine whether the words<br />

spoken and the context in which the words were spoken violated any one or more provisions <strong>of</strong><br />

the Code <strong>of</strong> Ethics.<br />

The Mayor's statements after Mr. Gonzalez spoke on April 26 were perhaps not well chosen.<br />

The Committee recommends a resolution <strong>of</strong> Admonition regarding the Respect Clause <strong>of</strong> the<br />

Code <strong>of</strong> Ethics encouraging the Mayor and the entire Council to, as Councilmember Hurst<br />

says, “disagree without being disagreeable.”<br />

Writer’s name 6/9/2011 7:45:07 PM<br />

Q:\COUNCIL\2011\061411\Ethics Investigation Staff Report.docx<br />

Page 1 <strong>of</strong> 2

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