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REASON FOR REVIEW

The Grand Jury received a citizen's complaint against an Ione City Council member. The complaint alleges the official is responsible for the:

• Creation of a hostile work environment
• Defamation of character
• Conflicts of interest
• Actions against the public trust
• Inappropriately using his elected position

BACKGROUND

A former Ione City employee requested the investigation of possible irregularities by a City Council member. The concerns include treatment of several past city employees, a city business owner, and development companies.

METHODOLOGY

Persons interviewed:

1. Complainant
2. Mayor
3. City Council members
4. City Administrator
5. City Legal Counsel
6. City Building Inspector
7. Former City Administrator
8. Former city employees
9. A land developer
10. A city business owner
11. Sutter Creek Building Inspector

Documents examined:

1. Ione Municipal Code
2. California Government Code, Section 3204
3. Amador County 1997-1998 Grand Jury Report
4. City Council Liaison Assignment list
5. Building complaints and inspections on local business
6. Council members' correspondence to former employees
7. Correspondence from Fair Political Practices Commission
8. California Form 700, Investments, Income, and Assets of Business Entities/Trusts, submitted by the Council member

FACTS

1. Section 2.10.220, Council-Administrator Relations, Ione Municipal Code states in part, "...neither the city council nor any member thereof shall give orders to any subordinates of the city administration."
2. California Government Code, Section 3204, prohibits any elected official from using the position of their office to influence or discourage an individual employee's action.
3. The conflict of interest allegation was unverifiable.
4. The action against the public trust allegation was unverifiable.
5. The inappropriate use of an elected position allegation was unverifiable.
6. The Building Department fails to properly document complaints.
7. Several council members are unaware of the rules and regulations contained in the Ione Municipal Code.
8. A council member violated California Government Code, Section 3204, and the Ione Municipal Code, Section 2.10.220.

CONCLUSIONS

1. The council member violated Section 2.10.220, Ione Municipal Code, utilizing both verbal abuse and a letter writing campaign in an attempt to discredit and impugn both the quality of work performed and the character of City employees.
2. The council member violated California Government Code, Section 3204, by using his office to harass and discipline employees.
3. City Council members have a general lack of knowledge of the Ione Municipal Code.
4. Because the Building Inspection Department does not maintain proper complaint files, follow-up and corrective action may be impaired.

RECOMMENDATIONS

1. City Council members adhere to Ione Municipal Code, Section 2.10.220, or face censure by the Council.
2. All City Council members adhere to the contents of the Ione Municipal Code.
3. The City Administrator review the Ione Municipal Code and California Government Code and ensure provisions are followed.
4. The Building Department be more diligent in documenting and filing all verbal and written complaints.
5. Should further violations of the California Government Code or Ione Municipal Code occur, the violations should be referred to the District Attorney for review.

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