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CLARIFICATION REGARDING REFERRAL TO THE CIVIL GRAND JURY AND DISTRICT ATTORNEY’S OFFICE
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RECOMMENDATION
It is recommended that the City Council:
1. Provide direction and clarification on what, if any, information it would like referred to the Civil Grand Jury and/or the District Attorney’s Office; and
2. Consider clarifying the process and delegation of authority for future referrals to the Civil Grand Jury and/or the District Attorney’s Office upon receipt of information regarding alleged violations of the Brown Act.
It is also recommended that the City Attorney be authorized to take appropriate and necessary actions to carry out the purpose and intent of this motion.
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Summary
At the July 15, 2025, City Council meeting, during the discussion of item 15.3, several members made references regarding their desire to make a referral to the Civil Grand Jury or the District Attorney’s Office. However, a majority of the body did not clearly specify what would be included in such a referral or indicate who would make that referral. At the July 29, 2025, City Council meeting, during Council Comments, Vice Mayor Lee inquired with the City Attorney’s Office regarding the status of the referral of alleged Brown Act violations to the District Attorney’s Office and reiterated his desire for the matter to be referred to that office.
Absent clarification from a majority of the City Council regarding the information it wishes to be relayed and to whom, the City Attorney’s Office cannot send a referral to an outside entity on behalf of the City Council. Therefore, staff seeks direction and clarification regarding what, if any, information it would like referred and whether that information is to be sent to the Civil Grand Jury or the District Attorney’s Office, or both.
Additionally, staff recommends that the City Council consider clarifying the process and delegation of authority for future referrals to the Civil Grand Jury and/or the District Attorney’s Office upon receipt of information regarding alleged violations of the Brown Act.
DISCUSSION
Background
At the July 15, 2025, City Council meeting, during the discussion of item 15.3, several members made references regarding their desire to make a referral to the Civil Grand Jury or the District Attorney’s Office. Included as Attachment A is the informal transcript of the discussion of item 15.3, which was generated by the Clerk’s Office through its real-time translation service, Wordly.
The following statements were identified regarding a potential referral:
• Vice Mayor Lee: “Now, with respect to the allegation that a law can be broken, let me just be very clear on the Brown [A]ct. Me, Councilmember Enríquez and Councilmember Blower had a conversation about the direction of the city, and we did not agree on some policy implementation. That's three people. That means there could not be another conversation around other matters related to that topic. If information went to the mayor related to that, that meeting, that then added another chain in the serial meeting, because if a council member has a concern over a violation of the Brown Act, they are to take it to the district attorney or they are to take it to the grand jury. Those are investigatory agencies, not to another person up here, because it then continues the serial meeting and violates the Brown Act. So now this has now morphed into something bigger, because that means two more people may have potentially violated the Brown Act. So, I will be requesting that the grand jury do an investigation. And the reason why the grand jury is because I don't think taxpayers have to pay or should have to pay for this mess. But he deserves closure, and she deserves accountability” (Page 7).
• Councilmember Villapudua: “Both Councilmember Enríquez and Vice Mayor Lee mentioned during their respective conversation that they planned to reach out Councilmember Blower to bring him on board. I can't confirm whether those conversations ever occurred, but the intent to build consensus behind closed doors was clearly stated to me. This conduct directly reflects what a Brown Act is intended to prohibit. A majority of a legislative body coordinating actions on public matters outside of a notice public meeting. For the record, following these events, I notified the mayor that I had been contacted, and I shared the general scope of these discussions. While omitting the specific details, at that time, the public deserves transparency. These are conversations that did happen, and the tactics used behind these scenes should concern anyone who values ethical government. So, I asked that we take this to their district attorney, Ron Freitas. Thank you” (Page 9).
• Mayor Fugazi: “And I do appreciate the fact that people agree that there should be an investigation and that it shouldn't cost taxpayer dollars. I agree with that. I would, I actually printed out the papers, had a conversation with the city attorney. Just saying, you know what? What could we do in this instance? And referring it to the civil grand jury and the district attorney's office, I think is the proper channel for us moving forward, because that's where these matters belong. And then we don't have to worry about anything here poisoning the water, so to speak” (Page 10).
• Mayor Fugazi: “So, I'm hoping that this is now something that we can remove from here and move forward as discussed and let the grand jury and the district attorney handle it. But, you know, for the record, this really is about my obligation to the people just as much it is as everybody else's up here. And at no point in time did I think that it would go in this direction. But it did. And I feel like I have that obligation to uphold, you know, the process itself and the process itself is outlined in the city charter, which is our Constitution, which is our law. And in order to not have this blow up to the place where it is today, because the email was sent, there was no conversation outside of that. That is correct. And then there was conversation publicly about it, which then has brought us here today, unfortunately. So, the public deserves transparency and accountability. So, I am fully in support again of having this go to the district attorney and the civil grand jury” (Page 10).
• Mayor Fugazi: “It’s a conversation. It’s a conversation. But we can do by show of nods.* If, but I know I'm going to make an opportunity. But everybody gets the opportunity to speak if they want to. Did you want to?” (Page 11).
• Mayor Fugazi: “Okay so, looks like it's going to an investigation with the grand jury and the district attorney's office, which then moves us on to city manager's update” (Page 12).
At the July 29, 2025, City Council meeting, during Council Comments, Vice Mayor Lee inquired with the City Attorney’s Office regarding the status of the referral of alleged Brown Act violations to the District Attorney’s Office and reiterated his desire for the matter to be referred to that office.
The City Attorney’s Office reviewed the video and informal transcript maintained by the Clerk’s Office. As outlined above, the discussion from July 15, 2025, is unclear regarding what would be included in the contemplated referral, who would make that referral, or to who the referral would be made. Absent clarification from a majority of the City Council regarding the information it wishes relayed and to whom, the City Attorney’s Office cannot send a referral to outside entities on behalf of the City Council.
Present Situation
Staff seeks direction and clarification on what, if any, information it would like referred and whether that information is to be sent to the Civil Grand Jury or the District Attorney’s Office, or both.
Additionally, staff recommends that the City Council consider clarifying the process and delegation of authority for future referrals to the Civil Grand Jury and/or the District Attorney’s Office following receipt of information regarding alleged violations of the Brown Act. Moving forward, if the City Council wants the City Attorney’s Office to make referrals to these entities upon receipt of information regarding alleged Brown Act violations, express direction from the City Council to do so is requested.
FINANCIAL SUMMARY
Providing direction and clarification on referrals to the Civil Grand Jury or the District Attorney’s Office will not impact the City’s General or Special Funds in any way.
Attachment A - Unofficial Transcript of July 15, 2025, Item 15.3