Sati Bernardino <] Office of the City Attorney | Gary D. Saenz, City Attorney February 1, 2018 Hand-Delivered Council Member John Valdivia City of San Bemardino 290 N. *D” Street San Bemardino, California 92401 Subject: Operating Practices and Codes of Conduct Dear Council Member Valdivia: On January 26, 2018, | contacted you by telephone to discuss the City's operating practices and Codes of Conduct. During the conversation, you indicated you would call me back to continue our discussion. As we have not spoken further, this letter is intended to address the issues I had intended to discuss with you in person. Over the last several years, the City has worked effectively to emerge from Bankruptcy with a sustainable financial plan and reform the Charter to implement best practices that promote accountability and more efficient and effective service delivery. While tremendous work remains to be done, the City is on a positive path and making significant strides forward, One initial step was the adoption of Resolution 2015-71 establishing operating practices of good government that was signed by the Mayor, City Council, City Attorney and City Manager in April 2015. You abstained from voting on Resolution 2015-71. Despite this, the majority of the City Council approved the Resolution making it applicable to the entire legislative body. Further, the provisions in Resolution No. 2015-71 were codified in San Bernardino Municipal Code Chapter 2.58 pursuant to Charter §302 (Ordinance No. 1438; adopted May 2, 2017) and are also applicable to the entire group. It has come to our attention that your conduct is interfering with the administration of the City in violation of Resolution 2015-71 and Sections 2.58.030 (A) and 2.58.050 (K) and (N) of the Municipal Code. Specifically, the concerns involve directing the staff as to the appropriate means to achieve the Council's goals, attempting to divert management from the approved priorities with issues of personal interest, and directing Department Directors and other staff members related to personal objectives. With respect to your conduct at meetings, you blindside staff, do not submit questions on agenda items in advance of the meeting, are not prepared, and have made personal comments not germane to the meeting in violation of Sections 2,58.050 (A), (C), and (N). 290 North D St, San Bernardino, CA 92401 | P: 909-384-5355 | F: 909-384-5238] www.sbcty.org‘Council Member John Valdivia ‘Subject: Operating Practices and Codes of Conduct February 1, 2018 Page 2 of 2 Your conduct may also place the City at risk for liability related to a hostile work environment as reported by employees who indicate your tone, demeanor and communication skills impact their ability to effectively do their jobs altering the terms, conditions, and reasonable expectations of a comfortable work environment. The professional and personal conduct of the Mayor and City Council must be above reproach and avoid even the appearance of impropriety as required in Section 2.58.050 (A). This section also requires that Council Members refrain from abusive conduct, personal or verbal attacks upon the character or motives of each other, the staff or the public, Further, Section 2.58.050 (M) provides that the Mayor and City Council are required to support a positive and constructive workplace for all City employees and shall recognize their special role in dealings with City employees. This comespondence is intended to respectfully request your compliance with the above noted rules of conduct. You are asked to refrain from continuing to behave in a manner that violates the Municipal Code and Codes of Conduct adopted by the City as well as in a manner that subjects the City to exposure to liability for a hostile work environment. Further violations may result in censure by the City Council. Your expected cooperation is appreciated. If you would like to discuss this correspondence, please contact my office to schedule an appointment. Sincerely, Gary D. Saenz City Attomey