Westminster City Council
SUBJECT
Title
Request for a Resolution of Censure, Based on Actions of Councilwoman Amy Phan West (District 1).
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publichearing
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From: Christine Cordon, City Manager
Requested by: Vice Mayor Kimberly Ho;
Council Member Carlos Manzo
Prepared by*: Christian L. Bettenhausen, City Attorney
*Staff reports prepared by staff on behalf of members of the City Council do not reflect the opinions of staff and are generated in collaboration with the requesting council member(s).
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RECOMMENDED ACTION
Recommendation
Consider the request to discuss certain alleged comments and actions made by Councilwoman Amy Phan West and provide direction to staff regarding the preparation of a resolution of censure.
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BACKGROUND
This item was requested by Vice Mayor Kimberly Ho (District 3) and seconded by Council Member Carlos Manzo (District 2).
The purpose of the item is to discuss certain statements and actions which Vice Mayor Ho and Council Member Manzo allege were made or taken by Councilwoman Amy Phan West, and which they believe warrant the issuance of a resolution of censure.
Vice Mayor Ho and Council Member Manzo have jointly prepared the following list of statements and actions, which are being presented word-for-word with only minor formatting or grammatical changes. They ask the City Council to consider each of the incidents listed, and then provide direction on whether a resolution of censure should be prepared.
The allegations from Vice Mayor Ho and Councilmember Manzo concerning Councilwoman Amy Phan West are as follows:
“A. Violation of the Code of Ethics. Sections 2a, 2c, & 2e.
Councilwoman Amy Phan West constantly violates Section 2a and disrespects the speakers at council meetings by leaving the dais, texting, arguing, and engaging in verbal altercations with the speakers. [She has] walked out in the middle of a meeting for at least an hour to go to the back, sometimes to eat or talk on the phone, and missed voting on 3-4 agenda items.
B. Disruptive.
On at least one occasion when she came back, she wanted to vote on an agenda item the City Council had already voted on.
C. Conduct Guidelines:
1) Constantly violates subsection (a) Honor the role of the chair in maintaining order. [Councilwoman] Amy [Phan West] ignored and rebelled against the Chair's order when he was trying to run the meeting and call the meeting to order -- ignored the rules of order.
2) Practice Civility. She constantly is not civil and lacks decorum. Recently, she called the Council majority "weak" when they did not vote with her on the Substitute Motion on the resolution to denounce “Jane Fonda Day.”
D. She places her self-interest over the needs of the constituents. Examples: Insisting on putting her name on the resolution and cover letters numerous times and spending a couple hours at a time fighting for it. Constantly grandstanding herself, ignoring the laws.
E. Section 11. Confidential Information.
She violated the confidentiality of closed session information to advance her personal interests.
F. Section 14. Advocacy.
Constantly making up stories, lying. For example, recently regarding her hot dog BBQ agenda item, she falsely stated that a City department head told her it was okay to do it.
G. Member’s Conduct with City Staff.
She does not treat staff as professionals. She acts as if she is above the law.
1) Disrupts City staff from their jobs by staying in their office until late, and by constantly calling them until they answer their phone.
2) Publicly criticizes staff from the dais and lies about what employees said.
H. May 24, 2023
During Council meeting, accused staff of hiring someone they knew through the RFP selection process for a billboard sign project.
I. June 7, 2023
Filmed a live social media video accusing staff of taking a bribe for special treatment from a special event permit applicant for a long-standing annual event.
J. At community events, constantly moves seating arrangements to her liking. This is a violation of basic manners and decency.
K. Berates and uses abusive language towards members of the public.
In violation of the Code of Conduct: “Members’ Conduct with the public.”
L. When specifically addressed during oral communication by members of the public, she does not acknowledge or make eye contact with the speaker. This is a complete violation of the code of conduct: “Practice active listening. “
M. Constantly disrupts meetings by passing notes and speaking with City Attorney. A violation of the code of conduct: “Conduct at Public Meetings.”
N. On multiple occasions undermined the Mayor’s authority by insisting on signing documents in his stead.
O. Constantly leaves during non-agenda Oral Communication portion of the meetings. A violation of the code of conduct: “Practice active listening.”
P. February 24, 2024. Huntington West Little League Opening Day.
After arriving late, she placed herself in front of the Mayor and all the elected officials who arrived early while we were already in the process of greeting the players coming out. This showed complete disrespect and lack of basic manners.
Q. May 3, 2024
Left the dais to interact with members of the public while the council meeting was still in session.
R. Filed a false police report about a fellow Council Member.
S. May 4, 2024
Recorded a YouTube interview criticizing the City Manager and stated false information. This violated the code of conduct “Never publicly criticize an individual employee.”
<https://www.youtube.com/live/yG1K31Qt9zs?si=IMEA2A-6KUH_a_LM>
T. May 6, 2024
Recorded a YouTube interview spreading lies and propaganda about what happened at the May 3rd special meeting, in complete contrast of the official police investigation’s findings.
<https://www.youtube.com/live/xQOXs-M3jsY?si=KjPjQIGwQvOHeXCi>.”
FISCAL IMPACT
None.
LEGAL REVIEW
The City Attorney’s Office has reviewed as to form.
CONCLUSION
Based on the preceding, Vice Mayor Ho and Councilmember Manzo ask the City Council to:
A. Consider ordering a resolution of censure be prepared against Councilwoman West; and
B. That the resolution of censure includes a statement that the Council expresses the strongest possible disapproval and disavowal of Councilwoman West’s statements and actions, and the Council respectfully but earnestly requests and expects Councilwoman West to cease and desist from continuously violating the code of ethics and code of conduct, and that she works toward conducting herself in a professional and ethical manner; and
C. Consider whether the City Council should issue sanctions removing Councilwoman West from intergovernmental boards.
ATTACHMENTS
1. None.
REVIEWED BY
Erin Backs, Finance Director
Christian Bettenhausen, City Attorney
Christine Cordon, City Manager