Westminster City Council
SUBJECT
Title
Resolution Determining Sanctions and Remedial Actions Related to Censure of Councilwoman Amy Phan West (District 1), and Appointments to Outside Agencies.
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From: Christine Cordon, City Manager
Requested by: City Council
Prepared by*: Christine Cordon, City Manager
*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
A. Consider adoption of a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, DETERMINING SANCTIONS AND REMEDIAL ACTIONS FOR COUNCILWOMAN AMY PHAN WEST (DISTRICT 1) FOR UNACCEPTABLE CONDUCT PURSUANT TO RESOLUTION NO. 5275”; and
B. If adopted, appoint members of the City Council to the following outside agencies and Council ad hoc committees:
• Orange County Council of Governments (OCCOG) (Alternate);
• Southern California Association of Governments (SCAG) (Alternate);
• Orange County Mosquito & Vector Control (OCMVC) (Board Trustee);
• West Orange County Water Board (WOCWB) (Delegate); and
• City Council Homeless Ad Hoc Subcommittee (Member).
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BACKGROUND
At the June 12, 2024 City Council meeting, Vice Mayor Kimberly Ho (District 3) and Council Member Carlos Manzo (District 2) presented an item to consider censuring Councilwoman Amy Phan West (District 1) for various reasons related to conduct; the motion to move forward with bringing back a resolution of censure carried 3-1-0-1 with Council Member NamQuan Nguyen (District 4) voting no, and Councilwoman Phan West abstaining. A request to revisit the resolution of censure was placed on a special meeting agenda of June 25, 2024; and a motion carried to adjourn the special meeting to the next day (3-0-2-0, with Council Members Nguyen and Phan West absent).
During the June 26, 2024 meeting, the City Council directed staff to prepare a resolution of censure and bring the resolution to the August 14, 2024 meeting for adoption, as well as bringing an item on a future agenda to discuss the removal of Councilwoman Phan West from outside boards and committees until the end of her term and organize a statement of intent; this motion was made by Mayor Chi Charlie Nguyen and seconded by Vice Mayor Ho, and carried 3-2 with Council Members Nguyen and Phan West voting no.
At the August 14, 2024 meeting, the City Council adopted Resolution No. 5275 (Attachment 2) entitled, “A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, CENSURING COUNCILWOMAN AMY PHAN WEST (DISTRICT 1) FOR UNACCEPTABLE CONDUCT”; the motion was made by Vice Mayor Ho and seconded by Council Member Manzo, and carried 3-2 with Council Members Nguyen and Phan West voting no. Confirmation was made at the meeting that a discussion for sanctions would be placed on the August 28, 2024 City Council agenda.
The proposed resolution (Attachment 1) would provide for the following sanctions to take effect immediately:
1. Councilwoman Phan West’s appointment to the following agencies and committees would be revoked:
a. Orange County Council of Governments (OCCOG) (Alternate)
b. Southern California Association of Governments (SCAG) (Alternate)
c. Orange County Mosquito & Vector Control (OCMVC) (Board Trustee)
d. West Orange County Water Board (WOCWB) (Delegate)
e. City Council Homeless Ad Hoc Subcommittee (Member)
2. Councilwoman Phan West shall not be appointed as a City Council delegate or representative for any agency or committee for the remainder of her elected term.
3. Councilwoman Phan West shall read, acknowledge, and sign the Ethics Policy upon a counseling session with the City Attorney regarding the importance of the Ethics Policy.
4. If actions and/or behavior by Councilwoman Phan West outside of her role or authority as a council member result in litigation or liability to the City, legal representation may be denied.
The remedial actions in shall be in effect for the duration of Councilwoman Phan West’s current term, ending in December 2026, notwithstanding action by future councils.
Per legal counsel, the action to remove from boards and commissions is within the power of the City Council. Any restriction on future appointments, however, would merely serve as an expression of the council’s current intent. It would not be legally binding on a future City Council.
FISCAL IMPACT
There is no fiscal impact related to this item.
LEGAL REVIEW
The City Attorney’s Office has reviewed as to form.
CONCLUSION
If the City Council adopts the proposed resolution, the sanctions would take effect immediately.
ATTACHMENTS
1. Proposed Resolution
2. Resolution No. 5275 (Exhibit A of Attachment 1)
REVIEWED BY
Erin Backs, Finance Director
Christian Bettenhausen, City Attorney
Christine Cordon, City Manager