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Consideration of Possible Censure of Councilmember Hernandez <br /> October 7, 2025 <br /> Page 3 <br /> 3. Improper interactions with City employees. <br /> 4. Breach of fiduciary duty. <br /> A censure may also include consequences or restrictions. Examples include, removal <br /> from committees, loss of travel budgets, limiting access to staff, etc. The consequences <br /> or restrictions should also be related to the inappropriate behaviors. For example, if a <br /> councilmember has engaged in behavior that exposes the City to liability from staff, the <br /> Council may want to limit access to staff members. If a councilmember's behavior <br /> exposes the City to ridicule or demonstrates violations of law or policy, the Council may <br /> want to remove the councilmember from commission or regional appointments. <br /> If the City Council decides to proceed, it should discuss the reasons for a censure so that <br /> the appropriate findings can be prepared and presented within the Resolution of Censure. <br /> This process of identifying facts to support findings should be conducted by the City <br /> Council and not staff who have a responsibility to serve all elected officials equally. The <br /> Council Members may want to appoint an ad hoc committee and/or direct staff to engage <br /> special legal counsel to guide the Council and proceed with the censure process, <br /> including preparation of the Resolution of Censure, should the Council decide to move in <br /> that direction. <br /> CONCLUSION <br /> The Mayor and City Council, of the City of Santa Ana, California, may discuss: 1) <br /> whether to begin the process for adopting a Resolution of Censure concerning alleged <br /> misconduct; 2) whether to appoint an ad hoc committee to schedule a hearing for <br /> consideration of censure; and/or 3) whether to engage outside legal counsel for this <br /> matter. <br /> ENVIRONMENTAL IMPACT <br /> There is no environmental impact associated with this action. <br /> FISCAL IMPACT <br /> There is no fiscal impact to the City for the review and consideration of censure, unless <br /> the Council directs engagement of outside legal counsel in which case the costs are <br /> estimated to be $20,000 or less. <br /> Submitted By: Sonia R. Carvalho, City Attorney <br /> Approved By: Alvaro Nunez, City Manager <br />