Resolution - 2007-7RESOLUTION NO. 2007-7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA APPROVING THE CENSURE OF CITY COUNCILMEMBER
ROGER HERNANDEZ FOR VIOLATING THE CITY OF WEST COVINA
ADMINISTRATIVE HARASSMENT POLICY AND THE CITY OF WEST
• COVINA STANDING RULES
WHEREAS, effective December 14, 1994, the City of West Covina adopted an
administrative policy entitled HARASSMENT POLICY, and;
WHEREAS, the HARASSMENT POLICY states in summary and pertinent part that all
City employees are to be treated with respect, that they have the right to work in an environment
that is free of conduct that can be considered discriminatory or abusive, and;
WHEREAS, the CITY OF WEST COVINA STANDING RULES were adopted on or
about July 3, 2001 and provide in pertinent part that council members shall accord the utmost
courtesy to each other, to City employees and to the public appearing before the Council, and
shall refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive
comments and statement as to motives and personalities (Standing Rule section 2(d)), and;
WHEREAS, the STANDING RULES further provide in summary and pertinent part that
at no time shall council members engage in conduct that substantially and unreasonably interferes
with the ability of any City employee to perform his or her official duties or that creates an
objectively intimidating or hostile work environment (Standing Rule section 4(g)), and;
WHEREAS, the CITY OF WEST COVINA STANDING RULES further provide in
summary and pertinent part that if a procedure for addressing a certain situation or issue
[provided for in the STANDING RULES] is unclear, the City Manager will refer the matter to
the City Council leadership (Mayor and Mayor Pro-Tem), and if unable to resolve the matter, the
Mayor and Mayor Pro-Tem may refer resolution of the situation of the issue to the entire City
Council for further guidance (Standing Rule 40)), and;
WHEREAS, WEST COVINA MUNICIPAL CODE SECTION 2-151 POWERS AND
DUTIES [of the City Manager] provides in summary and pertinent part that the City Manager
shall be the administrative head of the Government of the City under the direction and control of
the City Council, shall be responsible for the efficient administration of all the affairs of the City
which are under his control, shall prescribe administrative rules and procedures as he may deem
proper or necessary for the general conduct and operation of the City functions under his
jurisdiction, and has been provided by the Municipal Code (Section 2-151( c)
INVESTIGATIONS), with the duty to make investigations into any of the affairs of the City and
as to the proper performance of any obligations of the City, and;
WHEREAS, the City Manager sent a June 16, 2006 CONFIDENTIAL MEMORANDUM
to the Mayor and City Council in response to then -Mayor Herfert's request for information
related a potential hostile working environment having allegedly been exhibited by the June 6,
2006 interaction of Councilmember Roger Hernandez and the City Attorney, and;
WHEREAS, the June 6, 2006 alleged conduct of Councilmember Hernandez was similar
to prior conduct known by the City Manager to have occurred as regards City staff members,
and;
• WHEREAS, the City Manager determined that an investigation of alleged misconduct by
Councilmember Hernandez should be undertaken, and;
WHEREAS, on or about September 20, 2006, the City Manager commissioned the
services of Norman A. Traub Associates to conduct an independent administrative investigation
of the alleged Hernandez misconduct, with Senior Associate/Investigator Ed McErlain being so
assigned, and;
Resolution No. 2007-7
February 21, 2007
WHEREAS, the City Manager and/or his office sent October 13 and October 18, 2006 e-
mail communications to Councilmember Hernandez, advising him to contact Investigator
McErlain to schedule an interview as part of the investigative process, and;
WHEREAS, Investigator McErlain sent an October 19, 2006 letter to Councilmember
Hernandez and his attorney advising that McErlain had not yet received a response from
• Councilmember Hernandez or his attorney to the requests for an interview, and that McErlain
should be contacted not later than October 25, 2006 to schedule an interview, and;
WHEREAS, McErlain sent an October 26, 2006 letter to Councilmember Hernandez and
his attorney advising that he had still not received confirmation from either Councilmember
Hernandez or his lawyer as to a date for an interview, in spite of having participated in an
October 20, 2006 telephone conversation with Councilmember Hernandez' attorney, where the
nature of the allegations in this matter were explained, and;
WHEREAS, McErlain received an October 30, 2006 letter from Councilmember
Hernandez' attorney which advises that: "Please be advised that, at this time, Councilmember
Hernandez must decline to submit to your demand for a tape-recorded interrogation," and;
WHEREAS, the October 30, 2006 letter from Councilmember Hernandez' attorney
nonetheless was approximately nine (9) pages in length, advised that by means of this particular
letter, Councilmember Hernandez, "...will briefly respond to the instances that you [McErlain]
have very vaguely described," and does consist of statements of Councilmember Hernandez'
position regarding a June 2006 incident with the City Attorney, a March 20, 2006 incident with
the Redevelopment Director and an incident with the Assistant City Manager, and;
WHEREAS, the McErlain INVESTIGATIVE REPORT AND ATTACHMENTS was
made available to all City Council members on and before the City Council meeting of
December 5, 2006, and;
WHEREAS, by a 4-1 vote, the City Council adopted a December 5, 2006 motion making
the INVESTIGATIVE REPORT, with names of witnesses and victims redacted, available to the
public, and;
WHEREAS, the INVESTIGATIVE REPORT has been examined by all City Council
members, and;
WHEREAS, the City Council met on February 6, 2007 and did provide Councilmember
Hernandez a full and fair opportunity to respond to the INVESTIGATIVE REPORT before the
taking of action based upon the INVESTIGATIVE REPORT;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WEST COVINA AS FOLLOWS:
SECTION 1. That Councilmember Roger Hernandez has had a full and fair opportunity
to respond to the INVESTIGATIVE REPORT, which sets forth the facts upon which this
RESOLUTION is based and in fact did so;
SECTION 2. That the City Council defines "censure" to mean a formally adopted
Resolution of official reprimand of one of its members that carries no fine or suspension of any
of the rights of a member of elected office;
• SECTION 3. That the City Council censures Councilmember Roger Hernandez for
committing acts in violation of the CITY OF WEST COVINA HARASSMENT POLICY, II
POLICY STATEMENT — EMPLOYEE STANDARDS OF CONDUCT, in that City
Councilmember Hernandez treated a variety of City employees with a lack of respect.
SECTION 4. That as evidenced by a February 6, 2007, 4-1 vote (Hernandez, Nay), the
City Council censures member Roger Hernandez for committing acts in violation of CITY OF
WEST COVINA STANDING RULES 2(d) and 4(g) in that he unreasonably interfered with a
variety of City employees in the performance of their official duties and/or created an objectively
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Resolution No. 2007-7
February 21, 2007
intimidating or hostile work environment for said employees, and failed to accord the utmost of
courtesy to City employees while engaging in rude and derogatory remarks and abusive
comments towards said employees.
SECTION 5. Councilmember Roger Hernandez is prohibited from engaging in
unmonitored and/or "Closed Door" City business -related meetings with any City
• employee/independent contractor interviewed by Investigator McErlain and identified as an
interviewee in the November 8, 2006 McErlain Investigative Report unless the identified City
employee or independent contractor is accompanied at all times during the meeting by a City
mid -management or executive management staff member.
•
SECTION 6. The City Council urges Councilmember Hernandez to voluntarily enroll
and successfully complete a training program to build positive and sensitive interpersonal and
business relationships with City staff, and harassment training.
SECTION 7. Councilmember Hernandez is to refrain from utilizing profanity, making
threatening remarks or gestures, and intimidation tactics or similar behavior.
SECTION 8. It is the position of the West Covina City Council that all employees and
elected officials are expected to conduct themselves in a professional and dignified manner and
any other disrespectable behavior is not to be tolerated.
SECTION 9. It is the responsibility of the City Manager to report any violations of this
censure to the City Council.
ADOPTED AND APPROVED on this 21s day of February 2007.
/M I &a . _�",
May Michael Touhey
ATTEST:
City Clerk 4aurie Carrico
I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do hereby certify
that the foregoing resolution was duly adopted by the City Council of the City of West Covina,
California, at an adjourned regular meeting thereof held on the 2 1 " day of February, 2007, by the
following vote of the City Council:
AYES:
Herfert, Lane, Sanderson, Touhey
NOES:
Hernandez
ABSENT:
NONE
ABSTAIN:
NONE
Ci y Attorney Ara/old Alvarez-Glasman
C./ I.. L, �,�
ity Clerk La rie Carrico
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