Westminster City Council
SUBJECT
Title
Request for a Resolution of Censure, Based on Actions of Vice Mayor Kimberly Ho (District 3).
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publichearing
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From: Christine Cordon, City Manager
Requested by: Councilwoman Amy Phan West
Council Member NamQuan Nguyen
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 Vice Mayor Kimberly Ho and provide direction to staff regarding the preparation of a resolution of censure.
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BACKGROUND
This item was requested by Councilwoman Amy Phan West (District 1) and seconded by Council Member NamQuan Nguyen (District 4).
The purpose of the item is to discuss certain statements and actions which Councilwoman Phan West and Council Member Nguyen allege were made or taken by Vice Mayor Ho, and which they believe warrant the issuance of a resolution of censure.
Councilwoman Phan West and Council Member Nguyen 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 Councilwoman Phan West and Council NamQuan Nguyen concerning Vice Mayor Ho are as follows:
A. Violation of Code of Ethics, Section 2a, 2c, and 2e
Vice Mayor Kimberly Ho constantly violates Section 2a and disrespect 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 30-45 mins. sometime to talk on the phone or eat and miss voting on 4-5 agenda items.
B. Disruptive
On at least one occasion when she came back, she wanted to vote on an item in the council, and that has already been voted on.
C. Conduct Guidelines
1) Constantly violating subsection (a) disrespecting the role of the chair in maintaining order. Vice Mayor Ho ignored and rebelled against the chair’s order when he was trying to run the meeting and call the meeting to order, ignored the rule of order.
2) Practice Civility
She constantly is not civil and lacks decorum. Recently, she called the council majority gang of three when they did not vote her way.
D. She places her self interests over the needs of the constituents. It's always about her, and she talks for a really long time, going in circle and circle. Many times, we have to ask her. What does she really want to get her message across. She wastes time and city resources.
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, when she went on the Vietnamese media, she lie about me and about the Quang Tri monument. Lies about me and her colleagues.
G. Members Conduct with City Staff
She does not treat staff as professionals. She asks as if she's above the law.
1) Disturb city staff from their job by coming into her office, demanding them to do things for her.
2) Publicly criticized staff on the dais.
H. July of 2023, she got upset at city attorney. Not giving her the answer. She threatened to fire the city attorney.
I. Berates and uses abusive language toward members of the public. In violation of the code of ethic, members contact with the public.
J. When specifically addressed during an oral communication by members of the public, she does not acknowledge or make eye contact with the speaker. This is a complete violation of code to contact practice active listening.
K. Constantly disrupts meeting by passing notes with Manzo, texting.
L. On multiple occasions undermine the mayor's authority by insisting on running the meetings and interrupting the mayor and member of the council.
M. Occasionally leaves during non-agenda oral communication portion of the meeting. A violation of the code of conduct practice active listening.
N. Demand a false investigation of a fellow council member.
O. Record YouTube video and berated council members and lie about them on multiple Vietnamese media and lie about what she had said.
FISCAL IMPACT
None.
LEGAL REVIEW
The City Attorney’s Office has reviewed as to form.
CONCLUSION
Based on the preceding, Councilwoman Amy Phan West and Council Member Namquan Nguyen ask the City Council to:
A. Consider ordering a resolution of censure be prepared against Vice Mayor Kimberly Ho; and
B. That the resolution of censure includes a statement that the Council expresses the strongest possible disapproval and disavowal of Vice Mayor Kimberly Ho’s statements and actions; and
C. Consider ordering a resolution of sanction be prepared against Vice Mayor Kimberly Ho.
ATTACHMENTS
1. None.
REVIEWED BY
Erin Backs, Finance Director
Christian Bettenhausen, City Attorney
Christine Cordon, City Manager