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Resolution No. 2019-005RESOLUTION NO. 2019-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING CENSURE OF MAYOR YVETTE WOODRUFF- PEREZ WHEREAS, at the beginning of the regular City Council meeting held on March 5, 2019, Mayor Yvette Woodruff -Perez (the "Mayor") asked Vernon resident Maria Acosta to lead the flag salute, which is generally conducted by a City Councilmember or City department head; and WHEREAS, prior to the flag salute, the Mayor introduced Ms. Acosta to everyone in the room as a candidate running for Vernon City Council in the pending election; and WHEREAS, none of the other members of the City Council, nor the City Administrator, nor the City Attorney knew that the Mayor had planned to do this; and WHEREAS, the Mayor knew, when she made her announcement, that there are two other candidates running for the open Council seat; and WHEREAS, the Mayor also knew that the election is scheduled to be held on April 9, 2019; and WHEREAS, in order to provide equal time to the other two candidates, the City subsequently offered to allow them to lead the flag salute at the March 19 and April 2 regular meetings, and both candidates declined; and WHEREAS, at the regular City Council meeting held on March 19, 2019, Mayor Pro Tem William Davis moved to agendize a motion for resolution of censure and other possible action against the Mayor; and WHEREAS, the motion to agendize passed 3-0; and WHEREAS, both the Mayor and Councilmember Luz Martinez were absent from the March 19 meeting; and WHEREAS, the Mayor's act was improper for at least two reasons. First, her unilateral endorsement of Ms. Acosta by granting her the ceremonial privilege of leading the flag salute looked to everyone in the room as if the entire City Council were endorsing one of the three candidates in the contested Vernon City Council election, which is not true. The Mayor does not speak for the City Council without the City Council's approval. Second, and more seriously, she used public resources for her own personal campaign -related purposes, and she engaged in political activity during work hours; and WHEREAS, a majority of the City Council has determined that it must take official action in order to confirm and preserve the City's commitment to good governance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct. SECTION 2: The City Council of the City of Vernon finds that this action is exempt under the California Environmental Quality Act (CEQA), because such action is a governmental administrative activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a "project" as defined by CEQA Guidelines section 15378. SECTION 3: The Censure of Mayor Yvette Woodruff -Perez is hereby approved. SECTION 4: The Mayor shall refrain from taking any unilateral action that creates the perception of speaking for the City - 2 - Council, unless a majority of the City Council has authorized her to so speak or act. SECTION 5: The Mayor shall refrain from using her official position or public resources to personally campaign for any of the candidates running for Vernon City Council. SECTION 6: All resolutions, or parts of resolutions not consistent with or in conflict with this resolution are hereby repealed. SECTION 7: The City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk, of the City of Vernon shall cause this resolution and the City Clerk's certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 2nd day of April, 2019. ATTEST: ---,U - Maria E. A�y-�alqo City Clerk APPROVED AS TO FORM: -6;0 Brian W. Byun, Senior Deputy Ci y Attorney - 3 - Name: William Davis Title:-14a7ee/ Mayor Pro-Tem STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Maria E. Ayala, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2019-05, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, April 2, 2019, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this 104 day of April, 2019, at Vernon, California. (SEAL) 14- `-Ci Mari E. Ayala, ity Clerk - 4 - STAFF REPORT City Council Agenda Item Report Agenda Item No. COV-148-2019 Submitted by: William Davis Submitting Department: City Council Meeting Date: April 2, 2019 SUBJECT A Resolution Approving Censure of Mayor Yvette Woodruff -Perez and Relieving the Mayor of Her Title for the Duration of Her Term Recommendation: A. Find that approval of the resolution is exempt under the California Environmental Quality Act (CEQA), because such action is a governmental administrative activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a "project" as defined by CEQA Guidelines section 15378; and B. Adopt a resolution approving censure of Mayor Yvette Woodruff -Perez and relieving the Mayor of her title for the duration of her term. Background: At the beginning of the regular City Council meeting held on March 5, 2019, Mayor Yvette Woodruff -Perez asked Maria Acosta to lead the flag salute, which is generally conducted by a City Councilmember or City department head. Prior to the flag salute, the Mayor introduced Ms. Acosta to everyone in the room as a candidate running for the Vernon City Council None of the other members of the City Council, nor the City Administrator, nor the City Attorney knew that the Mayor had planned to do this. The Mayor knew, when she made her announcement, that there are two other candidates running for the open Council seat. The Mayor also knew that the election is scheduled to be held on April9, 2019. In order to provide equal time to the other two candidates, the City subsequently offered to allow them to lead the flag salute at the March 19 and April 2 regular meetings, if they so desired. Both candidates refused the offer. At the regular City Council meeting held on March 19, 2019, Mayor Pro Tern William Davis moved to agendize a motion for resolution of censure and other possible action against the Mayor. The motion to agendize passed 3-0. Both the Mayor and Councilmember Martinez were absent from the March 19 meeting. The Mayor's act was improper for at least two reasons. First, her unilateral endorsement of Ms. Acosta by granting her the ceremonial privilege of leading the flag salute looked to everyone in the room as if the entire City Council were endorsing one of the three candidates in the contested Vernon City Council election, which is not true. The Mayor does not speak for the City Council without the City Council's approval. Second, and more seriously, she used public resources for her own personal campaign -related purposes, and she engaged in political activity during work hours. For these reasons, censure by the City Council is appropriate. However, beyond merely reprimanding the Mayor and directing her not to do this type of activity again, it is appropriate to impose the additional discipline of relieving the Mayor of her title for the duration of her term, because she abused her position as Mayor. Fiscal Impact: None ATTACHMENTS 1. Resolution - Censure of Mayor