PISMO BEACH COUNCIL AGENDA REPORT

Agenda Item # 12.B

SUBJECT/ TITLE:
CENSURE OF COUNCIL MEMBER MARCIA GUTHRIE

RECOMMENDATION:
The Council approve a motion to censure Council Member Marcia Guthrie and take other
measures as outlined below.

BACKGROUND:
The City Council held a closed session on January 27, 2021 pursuant to paragraph ( 2) of
subdivision ( d) of Government Code § 54956. 9 involving potential litigation surrounding
an ADU application in the Coastal Zone. During that session, Council agreed that only
the City Attorney would convey the results of that meeting to the applicant or the
applicant’ s representative. Contrary to that decision, Council Member Guthrie had at least
one email exchange or other communications with the applicant’ s representative
concerning the project. This is a direct violation of the terms of the closed session.

This behavior is contrary to the City’s adopted Code of Ethics ( Attachment 1). Under
Section 10 of the Code, it states: " Members shall respect the confidentiality of information
concerning property, personnel or affairs of the City. They shall neither disclose
confidential information without proper legal authorization nor use such information to
advance their personal financial or private interests." This behavior is also apparently in
violation of Government Code 54963 which forbids unlawful disclosure of confidential
information obtained in a closed session.

Council Member Guthrie also gave direction to staff concerning this project which is
contrary to Sections 14 and 16 of the Code of Conduct and to the Municipal Code Section
2.08.060. The role of the Council is to make policy and the role of the City Manager is to
carry out that policy. When an individual Council Member gives direction, it interferes with
the ability of the City Manager and staff to carry out the direction of the Council as a whole.

The Code of Ethics requires all Council Members to affirm that they have read and
understand its provisions of the Code upon assuming office. In addition, the Council
reviewed the Code of Ethics at its January 19, 2021 meeting just days before the
violations occurred.

The Code of Ethics under Section 18 requires the Mayor to intervene when the provisions
of the Code are violated by a Council Member. This section also outlines sanctions the
Council can take which include reprimand, formal censure, loss of seniority or committee
assignment, or budget restriction.

The behavior in question constitutes a serious transgression of the Code of Ethics and
the Municipal Code and could have substantial consequences in the orderly conduct of

Council Agenda 2-16-2021 12.B-1

 Council business. For these reasons, the Council should consider the full range of
sanctions to impose against Council Member Guthrie.

Conclusion and Recommendation by the Mayor and Mayor Pro Tem

Council Member Guthrie violated the Code of Ethics, the Municipal Code and State law
along with the trust of other Council Members which draws into question Council Member
Guthrie’ s ability to represent the city in any capacity.

For these reasons, the Mayor and Mayor Pro Tem recommend that Council by motion
carry out the following:

1. Formal Public Censure

2. Loss of Committee Assignments
3. Refrain from contacting staff regarding this project unless it has come before the
Council
4. Refrain from giving any direction to staff whatsoever
5. Refrain from representing the City in any capacity

The Mayor and Mayor Pro Tem do not take this matter lightly and believe that these
sanctions are necessary to emphasize the serious nature of the violations.

FISCAL IMPACT:
Fiscal impact is unknown

ALTERNATIVES:
1. The Council could modify the given recommendations or take no action.

ATTACHMENTS:
1. Code of Ethics

Prepared by: Meeting Date: February 16, 2021

Ed Waage, Mayor and Mary Ann Reiss, Mayor Pro Tem

Submitted by: Ed Waage, Mayor

Council Agenda 2-16-2021 12.B-2

 Attachment 1
RESOLUTION NO R 05 067

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH ADOPTING A

CODE OF ETHICS FOR CITY COUNCIL BOARDS AND COMMISSION MEMBERS

WHEREAS the Citizens of Pismo Beach are entitled to have fair ethical and
accountable local government and

WHEREAS Pismo Beach maintains a commitment to excellence and effective

functioning of democratic government and

WHEREAS integrity of officials of local government is key to effective and fair operation
of government

NOW THEREFORE BE IT RESOLVED the City Council of the City of Pismo Beach
hereby adopts this Code of Ethics which pertains to members of the City Council and all
members of the City Boards and Commissions and also to those vendors doing business with
the City

UPON MOTION OF Councilmember Natoli seconded by Councilmember Rabenaldt

the foregoing resolution was
passed approved and adopted by the City Council of the City of
Pismo Beach this 4th day of October 2005 on the following roll call to wit

AYES Councilmembers Natoli Rabenaldt Gonzales Gee and

Higginbotham Mayor
Reiss
NOES None
ABSENT None
ABSTAIN None

ATTEST

tint

Council Agenda 2-16-2021 12.B-3

 Attachment 1

CODE OF ETHICS
For The City of Pismo Beach
Council Boards and Commission Members

Adopted by the Pismo Beach City Council

Date approved October 4 2005

Preamble
All citizens and businesses of Pismo Beach are entitled to have fair ethical and
accountable local goverrunent which has earned the public s full confidence for integrity
In keeping with the City ofPismo Beach s commitment to excellence the effective

functioning of democratic goverrunent therefore requires that

Public officials both elected and appointed comply with both the letter and spirit
of the laws and policies affecting operationsthe of goverrunent
Public officials be independent impartial and fair in their judgment and actions
Public office be used for public good not for personal gain
Public deliberations and processes be conducted
openly unless legally
confidential in an atmosphere of respect and civility

This Code of Ethics adopted by the Pismo Beach City Council pertains to members
as of
the City Council and ofthe City s boards and commissions and to those vendors
doing
business with our city to assure public confidence in the integrity oflocal goverrunent
and its effective and fair operation

1 Acts in the Public Interest

Members will work for the common
good of the people ofPismo Beach and not for any
private or personal interest and they will assure fair and equal treatment of all persons
claims and transactions before the Pismo Beach Council boards and
coming City
commissions

2 Comply with the Law

Members shall comply with the laws of the nation the State of California and the of
City
Pismo Beach in the performance of their public duties These laws include but are not
limited to The United States and California constitutions Fair Political Practices laws

pertaining to conflicts of interest election campaigns financial disclosures employer

responsibilities and open processes of goverrunent and ordinances and
adopted City
policies

3 Conduct of Members
The professional and personal conduct of members must be above reproach and avoid
even the appearance of impropriety Members shall refrain from abusive conduct
personal charges or verbal attacks
upon the character or motives of other members of the
council boards and commissions the public and staff

Pismo Beach Code of Ethics Page I

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Agenda 2-16-2021 12.B-4
 Attachment 1

4 Respect for Process

Members shall perform their duties in accordance with the processes and rules of order
established by the City council and boards and commissions governing the deliberation of

public policy issues meaningful involvement of the public and implementation of policy
decisions of the City Council by staff

5 Conduct of Public Meetings

Members shall prepare themselves for public issues listen courteously and attentively to
all public discussions before the body and focus on the business at hand They shall
refrain from interrupting other speakers making personal comments not germane to the
business of the
body or otherwise interfering with the orderly conduct of meetings

6 Decisions Based on Merit

Members shall base their decisions on the merits and substance of the matter at hand
rather than on unrelated considerations

7 Communication
Members shall publicly share substantive information that is relevant to a matter under
consideration by the Councilor boards and commissions which they may have received
from sources outside of the public decision making process

8 Conflict of Interest
In order to assure their independence and impartiality on behalf of the common
good
members shall not their official to influence
use
positions government decisions in which
they have a material financial interest or where they have an organizational responsibility
or
personal relationship which may give the appearance of a conflict of interest

In accordance with the law members shall disclose investments interests in real
property source of income andgifts and they shall abstain from participating in
deliberations and decision making where conflicts may exist

9 Gifts and Favors

Members shall refrain fromaccepting any gifts favors or promises of future benefits
which might compromise their independence of judgment or action or
give the
appearance of being compromised

10 Confidential Information
Members shall respect the confidentiality of information
concerning property personnel
or affairs of the City They shall neither disclose confidential information without proper

legal authorization nor use such information to advance their personal financial or

private interests

11 Use of Public Resources

Members shall not use public resources unavailable to the public in general such as City
staff time equipment
supplies or facilities for private gain or personal purposes

Pismo Beach Code of Ethics Page 2 of

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 Attachment 1

12 Representation of Public Interests

In keeping with their role as stewards of the public interest members shall not appear on

behalf of the private interests of third parties before the Councilor any board
commission proceeding ofthe shall members of boards and commissions
or
City nor

appear before their own bodies or before the Council on behalf of the private interests of
third parties on matters related to the areas of service of their bodies

13 Advocacy
Members shall represent the official policies positions ofthe City Council board or
or

commission to the best of their ability when designated as delegates for this purpose
When presenting their individual opinions and positions members shall explicitly state
they do not represent their body or the City ofPismo Beach nor will they allow inference
that they do

14 Policy Role of Members

Members shall respect and adhere to the council manager structure ofPismo Beach City

government as outlined by the Pismo Beach Municipal Code In this structure the City
Council determines the policies of the City with the advice information and analysis
provided by the public boards and commissions and City staff

Except as provided by the City Municipal Code members shall not interfere with the
administrative functions of the City the
professional
or duties of City staff nor shall they
impair the ability of staff to implement Council policy decisions

15 Independence of Boards and Commissions

Because of the value of the independent advice of boards and commissions to the public
decision making process members of Council shall refrain from using their position to
unduly influence the deliberations or outcomes of board and commission proceedings

16 Positive Work Place Environment

Members shall support the maintenance of a positive and constructive work place for the

City employees and for the citizens and businesses dealing with the City Members shall
recognize their special role in dealings with City employees to in no
way create the

perception of inappropriate direction to staff

17 Implementation
The Pismo Beach Code of Ethics is intended to be self and is expression of
enforcing an

standards of conduct for members expected by the City It therefore becomes most
effective when members are thoroughly familiar with it and embrace its provisions

For this reason ethical standards shall be included in the regular orientations for
candidates for City Council applicants to boards and commissions and newly elected
and appointed officials Members entering office shall sign a statement
affirming they
have read and understand the City ofPismo Beach Code of Ethics The Code of Ethics
shall be reviewed annually by the City Council boards and commissions and the City

Pismo Beach Code of Ethics Page 3 of 4

Council Agenda 2-16-2021 12.B-6
 Attachment 1

Council shall consider recommendations from boards and commissions and update as

necessary

18 Compliance and Enforcement

The chairs of boards and commissions and the Mayor have the additional responsibility
to intervene when actions of members that appear to be in violation of the Code of Ethics
are
brought to their attention The City Council may impose sanctions on members
whose conduct does not comply with the City s ethical standards such as reprimand
formal loss of seniority committee restriction Under
censure or assignment or budget
the City s Municipal Code the City Council may also remove members of boards and
commissions from office A violation of this Code of Ethics shall not be considered as a

basis for challenging the validity of a council board or commission decision

Pismo Beach Code of Ethics Page 4 of

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