pages: CityCouncil/2019-12-03.pdf, 12
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CityCouncil | 2019-12-03 | 12 | The City Attorney stated the policy allows the body to make a determination of a violation; and once the determination occurs, the Council cannot exercise its discretion to indemnify; once a violation is found, the Council does not get to step 2. Vice Mayor Knox White inquired whether the threshold for the finding is three members of Council. The City Attorney responded in the affirmative. Vice Mayor Knox White stated that is problematic; expressed support for due process, for identifying the threshold for violation, and the threshold being higher than three Councilmembers. Councilmember Daysog stated the modifications made by the City Attorney is satisfactory; proposed edits to the last sentence naming higher authority decision making bodies. Vice Mayor Knox White expressed support for the changes. The City Attorney highlighted the edits. Vice Mayor Knox White stated that he is comfortable with the current language. Mayor Ezzy Ashcraft stated the City Council should specify that Councilmember(s) alleged of violating the law should not be included. The City Attorney inquired whether Vice Mayor Knox White wants to delete portions of the language. Vice Mayor Knox White inquired whether Council can choose not to indemnify if a finding is made. The City Attorney responded the policy states Council will make the finding. Mayor Ezzy Ashcraft stated that she would like to ensure all changes made will hold up to legal scrutiny; if a matter is not brought forth by the Grand Jury or District Attorney, it does not mean the matter is not significant. In response to Vice Mayor Knox White's inquiry, Mayor Ezzy Ashcraft stated there needs to be a firm legal foundation to make a determination; the Grand Just is recommending Councilmember's legal fees not be reimbursed if they have been found to have violated the Charter; the City Attorney should not be consulted in said instance. Vice Mayor Knox White stated that he has no concerns with the use of special counsel Regular Meeting Alameda City Council December 3, 2019 10 | CityCouncil/2019-12-03.pdf |