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CITY COUNCIL ITEM <br /> www.santa-ana.org/cao <br /> Item # 21 <br /> City of Santa Ana <br /> 20 Civic Center Plaza, Santa Ana, CA 92701 <br /> Staff Report <br /> October 7, 2025 <br /> TOPIC: Discuss and Provide Direction on Whether to Pursue Censure of <br /> Councilmember Hernandez <br /> AGENDA TITLE <br /> Consideration of Possible Censure of Councilmember Hernandez <br /> RECOMMENDED ACTION <br /> There is no staff recommendation. However, based on direction given by the City Council <br /> and reported out of closed session, this item is being presented for the Mayor and City <br /> Council of the City of Santa Ana, to review and discuss the process for censure arising <br /> from allegations made against Councilmember Hernandez. If appropriate, the Mayor and <br /> Council may provide further direction. <br /> GOVERNMENT CODE 484308 APPLIES: No <br /> EXECUTIVE SUMMARY <br /> BACKGROUND <br /> The City Council received complaints alleging that Councilmember Hernandez defamed, <br /> harassed, and retaliated against certain officers of the Santa Ana Police Department. <br /> One of the complainants filed a tort claim on August 18, 2025 alleging violations of the <br /> City's Charter and other claims. The City Council discussed this matter in closed session <br /> based on the complaints and tort claim. At the direction of the Council by a vote of 6-0, <br /> with Councilmember Hernandez absent, the Council asked that the issue be put on a <br /> Council Meeting agenda for consideration. <br /> DISCUSSION <br /> A censure is generally understood to be "an official reprimand or condemnation; an <br /> authoritative expression of disapproval or blame." (Black's Law Dictionary (10th ed. <br /> 2014).) The City Council has authority to censure an individual Council Member. (Braun <br /> v. City of Taft (1984) 154 Cal.App.3d 332, 347-348.) A censure is generally adopted by <br /> resolution and represents the opinion of a city council or other public body, but does not <br /> levy a fine, suspension, or other penalty. While there is no statute directly addressing <br /> censure, many local legislative bodies have adopted resolutions condemning <br /> inappropriate behavior and violations of policies and laws. A censure is one way of <br />