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RulesAndLegislationCommittee,2016-10-20,"*Rules & Legislation Committee
Meeting Minutes - FINAL
October 20, 2016
Aye: 4- - Guillén, Kalb, Reid, and Gibson McElhaney
4
Scheduling Of Agenda Items And Revisions To Previously Distributed 10-Day
Agendas (SUPPLEMENTAL)
16-0269
Attachments: View Report
Council President Gibson McElhaney was noted absent at 10:58 a.m. and
President Pro Tempore Reid chaired the meeting.
A motion was made by Abel J. Guillén, seconded by Dan Kalb, that this matter be
Accepted as Amended. The motion carried by the following vote:
Aye: 4 Guillén, Kalb, Reid, and Gibson McElhaney
4.1
Subject:
Censure of President of the Council Lynette Gibson-McElhaney.
From:
Councilmember Desley Brooks On Behalf Of Members Of The Public
Recommendation: Schedule The Following:
A) A Censure Hearing, And Possible Referral To The Alameda County District
Attorney's Office, Of Councilmember Lynnette Gibson-McElhaney For Violation Of
The City And State Laws, Council Rules Of Procedure, Ethics Rules And Oakland City
Charter Investigated And Established By The Alameda County Grand Jury. Charges:
1. Councilmember Gibson-McElhaney Had A Conflict Of Interest That Prohibited Her
From Using Her Elected Position To Influence An Administrative Decision On The
Townhouse Project. 2. Councilmember Gibson-McElhaney Violated Ethics Rules By
Privately Contacting A Department Head And City Staff To Argue Personal
Objections, Resulting In The Department Head Re-Evaluating The Project. This Gave
The Appearance That The Department Head Was An Advocate For The
Councilmember. 3. Councilmember Gibson-McElhaney Improperly Used City
Resources By Having Her Chief Of Staff Draft A Letter For Her In Opposition To The
Project For The Councilmember. The Grand Jury Believes That Was A Misuse Of City
Resources Solely Intended To Benefit The Councilmember Personally. 4.
Councilmember Gibson-McElhaney Violated Of City And State Rules, During A
Planning Commission Hearing, Where She Inappropriately Used Her Position To
Question City Policy, To Challenge Staff, And To Interrupt Proceedings. 5.
Councilmember Gibson-McElhaney Violated Section 218 Of The City Charter. And,
16-0284
Sponsors: Ms. Brooks and Member(s) of the Public
Attachments: View Report
Councilmember Kalb made a motion to move to (1) refer the matter to the City
Administrator for further investigation by an independent investigator, (2)
provide that the independent investigation may be done by the Public Ethic
Commission, and (3) provide that the City Administrator/PEC bring the matter
back to the Rules Committee immediately after completion of the investigation.
This City Resolution be Continued.to go before the *Rules & Legislation
Committee
City of Oakland
Page 2
Printed on 11/29/2016",2,RulesAndLegislationCommittee/2016-10-20.pdf