Code of Ethics Adjudicating Body - Regular Meeting

Good afternoon, everyone. It's 6PM, so we are ready to get started on this evening's board of ethics meeting. First, we start off as usual with the, pledge of allegiance. We can all rise. Thank you all very much.

Alrighty. The first item on our agenda this evening is going to be as usual for public comment. I do have, two requests already for public comment here. We'll, put these through in order while the city clerk checks if there are any additional ones online as well. So, first up on the speaker cards, mister Rich Gardner. If we could also have the the recording for the three minutes? Thank you. Give us one second, Mr. Gardner.

Public comment is now open for this item. Call (951) 826-8688 and follow the prompts to access the meeting. To request to speak, press 9. When called to speak, press 6 to unmute. You can also join via Zoom. The meeting ID can be found on the agenda.

Okay. Thank you so much for your patience Mr. Gardner. Well we did that for the people online. Go ahead and begin your three minutes.

Okay. Good evening. Good evening everybody. Board of ethics commissioners I assume. Rich Gardner Ward 4.

I just basically want to state because I know they're going to from looking at the agenda they're going to discuss you know what exactly constitutes a abuse of power or whatever you have it but I just want to state that you know things have changed over the last thirty years. Mean most of I can just glance and tell that a lot of people up there around my age and when I was growing up, we didn't do things to impress our friends per se, you know, by, you know, shooting someone down in public. And nowadays, that's more commonplace than it was in 1978 when I was in high school. You know, when we wanted to impress our friends, we, you know, had a nice car or we took them to a movie or we met them at church and discussed various things. So I just want us you know, I read through what exactly constitutes an abuse of power.

And even though there's no financial gain, I think we all have to look at what can be a personal gain as something that constitutes value to a person that's trying to do it. So you know I'm not gonna tie up a whole lot of time because I know I don't know exactly how long it's gonna take to go over that. And we actually got dinner reservations restaurant at 07:00. We're hoping to make it, spend some more money in Riverside that we like to do. But you know, honestly, I know it's a pre conference thing and I welcome an opportunity to discuss this thing, you know, behind doors and keep it more private.

So I'm throwing that out there too even though this is public comment. But anyway, I also was a member of a board, the museum board, and I'm only stating that because I know the commitment you guys give to the city by being here month after month or every other month as the case may be. Anyway, thank you for your time.

Okay. Thank you. Alright. We have another request for public comment, and it's Brian oh, boy. McCrack? Okay. Thank you. Alright. And just a reminder, you have three minutes for your public comment.

Thank you. I've been trying to get an investigation into some crimes that happened out here in 2021, 2002 with the military and corrupt law, and, like, you know, school is doing some legal neuroscience to homeless people out here. I left walking to LA in 2023. They keep on paying people off in positions or getting them on nondisclosures. Like, I have proof of concept that the DOD or OJP things follow me to the legal aid admissions where they're on Los Alamos ones. I the mayor's daughters are dirty. They're involved. And Cervantes somehow is involved. I don't know how dirty just because you're on a nondisclosure doesn't mean you're going to jail. My kid's mom's on one.

They they tell people I was in a mental facility for a crime. I don't even know, but they cannot talk to me until the projects are deemed, I guess, over. But they're never, like, legal to start with. So it isolates me, but it really pisses me off because I think the chief of police is cool. But at that front office there, in 25 complaints, I can't get a meeting with them. And he he seems to be, like, confused. He's all, what's the problem? Like, dude, if you walked up front with me, you'd see there's a problem. Now I don't know the police commissioner or who's on nondisclosures or whatever, but the mayor's daughters are involved. Yeah. Yeah. I know that. And I know have been involved, so I don't know how to get an investigation to a bunch of city employees. Like, what are you on a nondisclosure? Are you sick of a check?

You know mean? So I don't know how they get an investigation started. I know I wrote gave a letter to the city clerk, but I don't know if that's her or not before. And now I'm on a list that says I can't go to 7th Floor. The security guard there, he told the police chief. So I went the next day. I'm like, what list? He's all, there's not really a list. You could be here, but you can't be on the 7th Floor. I'm like, well, who gave you that list? He's all, I don't know. So how am I on the list banning me from the 7th Floor? So how do I get an investigation to city employees based on what I'm asking? No answer?

We're we're not really able to respond to that kind of a comment in this forum. In this particular forum, we're we're not able to respond. Okay. Thank you very much. We have one more request for public comment. Kevin Dawson. And then again a reminder you have three minutes on

the Yes, I'm aware. My name is Kevin Dawson. I live up in the University Neighborhood. I'm long time co chair of the University Neighborhood Association. I currently serve as the two board member on Parks Commission. I came tonight because I have a long involvement with the city. I have been involved with numerous things and usually it's from being a public member. I wanna talk a bit about the history of the code of ethics. The very first code of ethics was written by mayor Bailey along with some students, and I had occasion to file a complaint with the city under that code of ethics. Back when Dom Beto, if you can remember back that long ago, he was the Ward 1 City Councilman.

He was running for reelection. It was during a contentious time because the city was doing a lot of things that people were upset about. On arts night in Downtown Riverside here across the street from the Fox Theater, some friends of mine and my 15 year old daughter, we were standing there holding signs protesting Dom Betro and the things the city were doing. Next thing I know, we'd been there for a while handing out flyers. Dom Betro's running across the street yelling at me, Kevin, you better pray I lose, and then he sees that my daughter had gone to hand a flyer to somebody in a car.

He chased her out in the street at market and right there catty corner in front of the fox. And he was screaming at me and he was running down the street. His wife was calling to him. I was shocked. It was a surreal experience. The man behind me who witnessed it introduced himself as being a just retired deputy supervising district attorney. He said, you've been threatened, you need to do something about it. Over the next several days, I reviewed the code of ethics and I saw that you could, how to write it out, and I did that, and I went to the next council meeting and came down here, and I said, here's what happened. I want everyone to know about it, and here's a complaint. It's going to the city clerk, and my complaint never was heard.

The process at that time was it was supposed to go to the government meeting, you know, with the mayor, and it never got that far. On the day of the election, I got a letter from the city attorney saying, so sorry, mister Dawson. Your, mister Bettrow wasn't acting in his official capacity at the time. It was in Ward 1 at a city function he just officiated at, Arts Night, Public Sidewalk. If the code of ethics doesn't apply then, what happens? I called him. I made that argument to the city attorney. He says, well, I'm the city attorney. I'm sorry. This is what I do.

Two months later, the government affairs committee had a meeting and they added that language into the code of ethics that it only applies, you know. Anyway, people need due process.

I'm sorry. Your time is Thank you very much. Okay. Thank you all participants with public comment today. Is there any commenters online? Okay. Alright. That will wrap up our portion for the first item on our agenda public comment. The next item on our agenda this evening is a code of ethics workshop and overview on use of title or position for personal gain prohibited conduct. These workshops were requested by board of ethics to be sprinkled in throughout our year.

So I will leave the floor to city attorney.

Honorable board and chair, I'm deputy city attorney Ramon Garen, and I'm here to provide this overview over prohibited conduct of the r m c 2.7806 o personal gain from your position. Riverside City Council established a code of ethics and conduct that applied to the mayor, members of the city council, and all members appointed by the board, commissions, and committees. The purpose of this code of ethics conduct is to achieve fair, ethical, and accountable local government for the city of Riverside. Riverside City Council established a code of ethics and conduct that applied to the mayor, members of the city council, and all members appointed by boards, commissions, and committees. Committees.

Purpose of this code of ethics is to achieve fair, ethical, and accountable local government for the City of Riverside. To submit a complaint, a party must either live, work, or attend school Riverside unless the alleged violation took place outside the boundaries of the city of the river city of Riverside and the complaining party personally witnessed or observed the alleged violation. Use of official title or position for personal gang is prohibited and public officials shall refrain from the following. Accepting gifts, favors that may compromise independent judgment or give the appearance of compromise judgment. Using official title or matters other than the official conduct of their office.

And engaging in decisions which would affect the level of compensation received for services except as otherwise required by, required or allowed by law. Personal gain refers to benefits, advantages, or profit an individual secures for themselves often involving money, career advancement, or increased influence. Examples of possible prohibited personal gain include misuse of power. Public official using their position to influence a contract for their own financial benefit. Another example is financial professional misconduct.

Accepting bribes, insider trading, or receiving kickbacks. Finally, another example is abuse of position or power by hiring friends or family, nepotism. Please let me know if you have any questions regarding this presentation.

Thank you so much. Alright. And then at this time, we will call for public comment once again if we could have the recording played.

Public comment is now open for this item. Call (951) 826-8688 and follow the prompts to access the meeting. To request to speak, press 9. When called to speak, press 6 to unmute. You can also join via Zoom. The meeting ID can be found on the agenda.

Okay and then while we wait thank you. I don't have any request to speak from anyone on the board just making sure no one has questions. Okay it doesn't seem we have Thank any you so much Mr. Attorney. Alrighty.

Short and sweet. We'll move on to our next item for this evening, which is going to be our pre conference hearing. And that's gonna be the ethics complaint filed by Rich Gardner against budget engagement commission member Miles Ward. We do encourage public comment. We will first begin with the first part of our hearing.

So, I would ask that the complainant and respondent identify themselves if they still are present. Thank you, Mr. Gardner. Okay. Thank you. Alrighty. And then Mr. Gardner, just for verification, you do live, work or attend school here in the city of Riverside? Yes. Okay, thank you.

Alrighty. I will ask also if there was any need or request for a continuance of this matter at this time. Great. Perfect. Thank you. Alright. And then, Does any member wish to make a motion to find that complaint cannot be brought pursuant to Riverside Municipal Code two point seven eight point zero four zero.

Okay.

Alright. At this point, I will ask the Board of Ethics to determine whether the complaint procedures have been followed for this particular complaint. The complaint being against a public official that also the complaint alleges a violation of one or more the provisions of prohibited conduct and that the complaint does not restate allegations of violations that were subject to a previous complaint. Everyone has reviewed their packages. Is there any motions for either to comply? That it does comply or does not comply? Yes.

I

have a few. Yes, you're welcome. Or any discussion we need to have as far as that? Did previously ask but I will ask here during our meeting for city clerk to verify that. This is not a complaint that restates any allegations or violations from a previous complaint.

Madam chair yes this is not a previous this is not an allegation that was subject to a previous complaint. Thank you very much okay are there motions to move forward with all of the first three criteria to be able to move forward with the hearing

Yes,

the remaining of the pre hearing, yes.

Okay.

I move that we move forward with the complaint. Okay. I will second as those three requirements have been met at this time for the pre tiering to continue forward. Okay, can we have a vote please? Motion carries unanimous.

Thank you. Madam Clerk. Alrighty. So we will go ahead and continue and move forward. The next item for us to continue with our complaint will be to facilitate if possible a settlement discussions. Is there a desire for either party in regard to settling this complaint amongst yourselves and engage in a settlement discussion?

I'm willing to have a discussion in private.

Okay. Mr. Miles? Okay. We will go ahead and give ten minute recess. Okay. So back here at 06:30 while you two go ahead and have your discussion. At that time we'll have someone check-in if you're running over and you're welcome to come back sooner than that if you reach a discussion or an agreement. There's a council chamber here if you guys would like to step over there. Thank you.

Okay. We will recess for ten minutes. We're at time so we're sending someone in to check on the complainant and the respondent and we will get an update and move forward here in a little while. Alrighty, so I do see that the complainant and respondent have both reappeared and just wanted to check-in on whether a settlement was agreed on or reached. You can you can come forward.

Alright.

Yes. We've reached the settlement and I'm withdrawing the complaint.

Okay. And is there any other matters we need to, discuss or see to in this particular instance?

I just hope to never have to come back up here again if that's for the record I don't know but again thank you guys for what you do. Mean honestly just to be here and I haven't met the new city attorney yet but I'm hoping to someday but anyway no no other matters I've just agreed to withdraw the complaint and if Miles wants to add anything up here he's more than welcome to but thank you.

Okay well I certainly do hope that you don't have to return So, it's never for good reasons. And then, yes?

Yeah, I wanna thank the board and I wanna thank everybody for coming out here and I wanna thank you Mr. Gardner that we can reach that settlement. Thank you everybody.

Thank you. Okay.

Oh

wonderful. This is definitely the kind of outcome that we do like to see. And I know we do have actually two requests for public comment on city attorney's that I mean the matter is closed but if the public wishes to address for the record. Okay. So we are going to go ahead and move forward with those public comments if the folks are still interested in doing so. First up, have Grayson Barzanski. No need, wonderful. And then I also have Kevin Dawson.

Thank you. I just wanted to pick up where I left off because I had some place I was going with it. Okay. So I was so upset to have a councilman threaten me. And I and how do you how do you interpret his threat?

You know, he certainly seemed like a vindictive person and he might have gone after me or the community as I was co chair of the University Neighborhood Association. It might be that he would start neglecting us or trying to attack us in some way. So for the next four charter review committee sessions, I went to every one of the meetings, almost all the meetings I should say, and I lobbied hard for strengthening code of ethics. And I think that with my lobbying and and getting neighbors and other community leaders to help lobby for that, it led to what the code of ethics board is today. I I have to tell you, it was very upsetting that that period of time.

The city had filed a lawsuit against a local artist who tried to do a ballot measure to limit the city's ability to do eminent domain. The city, lawsuit was thrown out and then they appealed. And it was thrown out again and they appealed. They ended up getting a judgment against this artist for a $174,000 to cut, you know, and he has nothing. Don Betro, on the night of his final election, he lost by three votes and he was he'd raised over $300,000 to get reelected while the challenger, Mike Gardner, had gone door to door in a segue, and I think he spent like 45,000 or something.

There was a good outcome there, but you know what? Every time we have a chance, we should be reviewing, like through charter review, how can we strengthen the guardrails of our democracy? How can we make it better? Because it's always the challenge is how do you make a better mousetrap because mouses are very smart. And I lobbied hard for the inspector general position.

And, you know, that's what we have now. I would have preferred that it was elected inspector general, but, you know, this is this is where the groundwork was laid in these other cases. I appreciate seeing the process this evening and that there was a successful resolution. And I appreciate all the time you put in. Being a fellow board member, know it is. We just did the training on Tuesday on code of ethics and core values. When I read this complaint, was like, my god, here we are. Thank you very much.

Thank you. Alright. Thanks, Mr. Dawson. We will move on to our next agenda. Mr. Gardner, I do hope you reach your reservation for dinner.

Are you inviting everyone?

Alright, thank you. So moving on to our next item, we have the discussion to decide whether Board of Ethics exercise discretion to use outside legal counsel. This is a standing item on our agenda. In the past we have had issue with needing to address that with in regard to getting additional help with a complaint that we may not be sure about. I don't think we have any discussion on that particular item today seeing as things were dismissed.

So I will move on to our next item. Communications number five, any board member updates to be provided this evening by any of the rest of the board? I have none. I think everyone's going to make it to dinner tonight. Staff updates. Do we have staff updates to provide? No updates Madam Chair. Okay. Thank you. The final item which is our standard item as well is any items for future board consideration as requested by the Board of Ethics.

We do have a request. Member Thrano, thank you, go ahead. City Clerk, are we able to put the committee conversations on our next agenda? For the ad hoc committees? Yeah. We temporarily removed it just for time purposes for this particular hearing but yes we would like to have that reserved. Yes so we will resume our regular calendar for the month of May. Wonderful. Thank you. Any other items?

Everyone's very excited about the ad hoc. Alright, no other items to consider and that will then wrap up our board of ethics meeting for this evening. Thank you all very much for your attendance.

Thank you.