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HomeMy WebLinkAboutItem a - Proposed Censure of Mayor STAFF REPORT OFFICE OF THE CITY ATTORNEY DATE: August 26, 2025 TO: Honorable Mayor and City Council FROM: Michael J. Maurer, City Attorney SUBJECT: RESOLUTION NOS. 7649 AND 7650 TO CONSIDER A PROPOSED CENSURE OF MAYOR SHARON KWAN CEQA: Not a Project Recommendation: No Staff Recommendation SUMMARY During the Regular Meeting of August 19, 2025, Council Member Fu made a request to hold a Special Meeting on August 26, 2025, to consider the censure of Mayor Kwan. The meeting request was supported by Council Members Cao and Cheng, obtaining the necessary majority to proceed with a Special Meeting under Section 408 of the Arcadia City Charter. The request specified that the special meeting would contain an agenda item to consider having Mayor Kwan relinquish her procedural duties to chair and lead meetings for the City; relinquish any committee assignments on behalf of the City; and relinquish any ability to speak publicly on behalf of the City. Pursuant to the Ralph M. Brown Act, Council Members may request items be added at a future meeting but may not discuss items that are not on the agenda. Therefore, this matter is coming before the City Council for its initial consideration and discussion. Council Member Fu has prepared the bases for which he proposes a censure, which have been included as proposed findings to be incorporated to a potential resolution of censure. At the special meeting, the City Council should receive additional information as to the grounds for any censure. The City Council must then provide the Mayor with an opportunity to respond to and rebut the proposed grounds for a censure. The City Council should then determine which course of action it will take. Resolutions No. 7649 & 7650 Proposed Censure of Mayor August 26, 2025 Page 2 of 5 If the City Council elects to censure, it may – but is not required to – impose actions as a consequence of the censure. A consequence may include removal from the office of Mayor or some lesser action, including a simple reprimand. The City Council may also consider alternatives to imposing a censure. BACKGROUND A censure is a formal resolution of a legislative, administrative, or other body, reprimanding a person, normally one of its own members, for specified conduct. In Houston Community College System v. Wilson (2022) 595 U.S. 468, the United States Supreme Court upheld the use of a censure as a means for a public board to reprimand one of its members. As explained by the Court’s unanimous opinion, the censure “was a form of speech by elected representatives” that “concerned the public conduct of another elected representative.” A censure may take many forms and is usually enacted through adoption of a resolution. The censure may be a written reprimand and may impose limited disciplinary actions. For example, in the Houston Community College System case, the board voted that the censured member would be ineligible for certain Board officer positions, ineligible for reimbursement of any related travel, and any future funding requests for community affairs would require Board approval. The board also recommended that the censured member "complete additional training relating to governance and ethics.” At the November 8, 2022, election, Arcadia voters approved Measure CA, which modernized the City’s Charter and established district-based City Council elections. The Charter amendments included the rotation of the Mayor and Mayor Pro Tempore, which should occur approximately every 9.5 months. Measure CA passed with 66.8% of the vote and directed the City Council to adopt, by ordinance or resolution, an appropriate procedure for implementing the rotation requirement. In preparation for the passage of Measure CA, the City Council adopted Resolution No. 7463, which established the rotation procedure for the Mayor and Mayor Pro Tempore, including the process for removal from office. Through Resolution No. 7463, the Mayor or Mayor Pro Tem can be removed for failure to perform official duties, or upon formal censure from the City Council. Resolution No. 7463 further provides that if a City Council Member serving as Mayor receives a formal censure, a Resolutions No. 7649 & 7650 Proposed Censure of Mayor August 26, 2025 Page 3 of 5 supermajority vote of four-fifths (4/5) of the City Council is necessary to remove the Council Member from the position of Mayor. Should that occur, the removed officer would remain a member of the City Council. A simple majority must then select a Council Member to fill the remainder of the 9.5-month rotation term. DISCUSSION The Charter does not define the specific conduct that must give rise to a formal censure, nor does the City have policies or procedures to define the censure process or the specific conduct that would be subject to censure. However, the City Council should follow a fair and professional process that takes into account the interests of all involved Council Members. The process should provide notice and an opportunity to be heard, and provide an opportunity to raise counter-arguments and defenses. The City Council should therefore: 1. Consider the censure in an open session in accordance with the Brown Act; 2. Give notice of the basis and reasons for the consideration of the censure; 3. Allow the Mayor to provide rebuttal arguments and give information to oppose the imposition of a censure; 4. If it finds appropriate, adopt its findings on the record and through a written resolution; and 5. State within the resolution the actions being imposed as a result of the censure. It is recommended that the City Attorney act as facilitator for this process to ensure that the hearing is conducted fairly for all parties and in accordance with best practices. The motion of the censure, as proposed by Council Member Fu at the August 19 City Council Meeting, is to have Mayor Kwan: 1. Relinquish procedural duties to chair and lead meetings for the City; 2. Relinquish any committee assignments on behalf of the City; and 3. Relinquish any ability to speak publicly on behalf of the City. The City Council is not limited to these suggestions and should determine the appropriate scope of the censure, if any, after hearing the arguments presented. In Resolutions No. 7649 & 7650 Proposed Censure of Mayor August 26, 2025 Page 4 of 5 particular, the City Council should bear in mind that, to date, there has only been a request to call a special meeting. The City Council should not presume that a censure is appropriate. It will need to hear the relevant information prior to making a determination. The City Council may determine that there are no grounds for censure, or that some lesser action or other alternative is a preferred course. If the City Council finds that a censure is justified, it may consider a variety of disciplinary actions. While a supermajority vote is necessary for removal from serving as Mayor, a simple majority is sufficient to impose any other censure actions. The City Council may not remove any member from serving on the City Council or impose penalties that are not within the discretion of the City Council. Should the City Council wish to proceed with a censure, findings within a resolution should be based on specific conduct and should identify conduct that is sufficiently improper to justify the censure; this is especially true if the censure would include the removal from the office of Mayor. The actions being imposed should result from the findings of improper conduct. Resolution No. 7649 proposes censure of Mayor Kwan, including the “Findings of the City Council” outlined in Exhibit “A” and the “Actions of Reprimand” outlined in Exhibit “B” (Attachment No. 1). The action requires a simple majority vote of the City Council to effectuate. If the City Council seeks removal of Mayor Kwan from office after censure, Resolution No. 7650 should be adopted (Attachment No. 2), which incorporates the findings that would be listed in Resolution No. 7649. This action would remove Council Member Kwan from the Mayoral office, without removal from the Arcadia City Council. This action requires a supermajority vote of four-fifths (4/5) of the City Council to effectuate. A list of accusations against Mayor Kwan, as characterized by Council Member Fu, can be found in Attachment No. 3 - Exhibit “A”. ENVIRONMENTAL ANALYSIS The proposed action of a censure does not constitute a project under the California Environmental Quality Act (“CEQA”), as it can be seen with certainty that it will have no impact on the environment. Resolutions No. 7649 & 7650 Proposed Censure of Mayor August 26, 2025 Page 5 of 5 FISCAL IMPACT Without knowing the extent of any actions that might be imposed, it is difficult to identify the costs of a potential censure. However, the fiscal impact would likely entail minor staff time and costs that would be within existing budgets, with the exception of any legal challenges that may arise. RECOMMENDATION This is a City Council-initiated action that is wholly within the City Council’s discretion, and staff, therefore, is not making a recommendation. Attachment No. 1: Resolution No. 7649 – Mayoral Censure Attachment No. 2: Resolution No. 7650 – Mayoral Removal Attachment No. 3: Exhibit “A” – List of Accusations Attachment No. 4: Resolution No. 7463 – Adopted October 4, 2022 1 RESOLUTION NO. 7649 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, TO FORMALLY CENSURE MAYOR SHARON KWAN WHEREAS, a censure is formal resolution of a City Council or other governing body, reprimanding a person, normally one of its own members, for specified conduct; and WHEREAS, the United States Supreme Court, in the case of Houston Community College System v. Wilson (2022) 595 U.S. 468, held that a censure is a form of constitutionally-protected speech that a deliberative body may lawfully utilize to reprimand the conduct of one of its members; and WHEREAS, the Mayor has been provided with information related to the alleged conduct giving rise to a formal censure; and WHEREAS, at a special meeting held on August 26, 2025, the City Council received information related to conduct attributable to the Mayor and provided the opportunity to receive testimony and information to rebut the allegations; and WHEREAS, based on the findings set forth in this Resolution and all information in the record of the City Council’s proceedings, the City Council determines that a formal censure of the Mayor is appropriate. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Attachment No. 1 2 SECTION 1. The City Council finds that the Recitals set forth above are true and correct and incorporates the recitals into its action. SECTION 2. The City Council makes the following findings set forth in Exhibit “A”, attached hereto and incorporated herein. SECTION 3. Based on the foregoing findings, the City Council hereby imposes a formal censure on Mayor Sharon Kwan as a result of the conduct described in the City Council’s findings. SECTION 4. As a consequence of this formal censure, the City Council imposes the following actions set forth in Exhibit “B”, attached hereto and incorporated herein. SECTION 5. If any portion of this resolution is found to be invalid or unenforceable, such provisions shall be deemed severed and the remainder of the resolution shall remain in full force and effect. SECTION 6. This Resolution is effective upon its adoption by the City Council. SECTION 7. The City Clerk shall certify to the adoption of this Resolution. [SIGNATURES ON THE NEXT PAGE] 3 Passed, approved, and adopted this 26th day of August, 2025. _____________________________ Mayor of the City of Arcadia ATTEST: ________________________ City Clerk APPROVED AS TO FORM: ________________________ Michael J. Maurer City Attorney 4 EXHIBIT “A” FINDINGS OF THE CITY COUNCIL The City Council further finds as follows: 5 EXHIBIT “B” ACTIONS OF REPRIMAND The City Council hereby imposes the following actions of reprimand: 1 RESOLUTION NO. 7650 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, REMOVING COUNCIL MEMBER SHARON KWAN FROM THE OFFICE OF MAYOR AS A RESULT OF FORMAL CENSURE WHEREAS, a censure is formal resolution of a City Council or other governing body, reprimanding a person, normally one of its own members, for specified conduct; and WHEREAS, the United States Supreme Court, in the case of Houston Community College System v. Wilson (2022) 595 U.S. 468, held that a censure is a form of constitutionally-protected speech that a deliberative body may lawfully utilize to reprimand the conduct of one of its members; and WHEREAS, in 2022, the City Council adopted Resolution No. 7451, placing a series of amendments to the Arcadia City Charter to the voters of the City for approval; and WHEREAS, the City Council-proposed ballot measure became Measure CA, which included an amendment to Section 404 of the City Charter to establish a nine and one-half month rotation for Mayor, so that each of the five Council Members would serve as Mayor at least once during a four-year period; and WHEREAS, the City Council-proposed ballot measure mandates that the City Council adopt an appropriate procedure for implementing the Mayoral rotation Attachment No. 2 2 requirement by ordinance or resolution, and thereby, directing the City Council to exercise its discretion to determine the procedures for the rotation; and WHEREAS, in 2022, prior to the election on Measure CA, the same City Council that placed Measure CA on the ballot also adopted Resolution No. 7463 to establish the procedures for the Mayoral rotation, vacancy, and removal, which took effect concurrently with the passage of Measure CA; and WHEREAS, Section 4 of Resolution No. 7463, provides that if the Mayor receives a formal censure from the City Council, the Mayor may be removed from the office of Mayor by a four-fifths (4/5) vote of the entire City Council; and WHEREAS, the Mayor has been provided with information related to the alleged conduct giving rise to a formal censure, as provided in Resolution No. 7649; and WHEREAS, at a special meeting held on August 26, 2025, the City Council received information related to conduct attributable to the Mayor and provided the opportunity to receive testimony and information to rebut the allegations; and WHEREAS, based on the findings set forth in Resolution No. 7649 and all information in the record of the City Council’s proceedings, the City Council determines that removal of Council Member Sharon Kwan from the Office of Mayor is appropriate. 3 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: SECTION 1. The City Council finds that the Recitals set forth above are true and correct and incorporates the recitals into its action. SECTION 2. The City Council finds that the Recitals set forth in Resolution No. 7649 are true and correct, and are incorporated herein. SECTION 3. Based on the severity of the foregoing findings, the City Council hereby finds and determines that the following additional action is warranted and shall be imposed as a consequence of this formal censure: a. Council Member Kwan is hereby removed from the office of Mayor pursuant to Section 404 of the City Charter and Resolution 7463. SECTION 4. If any portion of this resolution is found to be invalid or unenforceable, such provisions shall be deemed severed and the remainder of the resolution shall remain in full force and effect. SECTION 5. This Resolution is effective upon its adoption by the City Council. SECTION 6. The City Clerk shall certify to the adoption of this Resolution. [SIGNATURES ON THE NEXT PAGE] 4 Passed, approved, and adopted this 26th day of August, 2025. _____________________________ Mayor of the City of Arcadia ATTEST: ________________________ City Clerk APPROVED AS TO FORM: ________________________ Michael J. Maurer City Attorney Attachment No. 3 Exhibit “A” RESOLUTION NO. ____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA CENSURING MAYOR SHARON KWAN FOR CONDUCT UNBECOMING OF AN ELECTED OFFICIAL AND THE OFFICE OF THE MAYOR WHEREAS, Members of the City Council are expected to uphold the highest standards of honesty, integrity, respect, professionalism, and accountability in their interactions with colleagues, city staff, first responders, and the public; and WHEREAS, Mayor Kwan has repeatedly engaged in conduct inconsistent with these standards, reducing the conduct of City Council meetings to political exercises and grandstanding, and abused her office for personal gain, by engaging in the following types of misconduct, and when confronted, fails to accept responsibility and denies wrongdoing: 1. Weaponizing and exploiting children, induced to give false and uninformed statements, and giving false names to conceal their identities, for political purposes of embarrassing the city, and councilmembers, and to escape responsibility through the use of shills and strawmen. Use of these planted audience “trolls” subverts the democratic process, by implying false support for her interests, taking valuable council and staff time, and cheapening public discourse, which discourages public participation. 2. Demeaning the military service of veterans by stating she has done more for veterans by asserting she made unsubstantiated charitable contributions, and arguing that these were more valuable than respect and appreciation. Additionally, Mayor Kwan bestowed a commendation on a high school student for ten minutes of public comment, for “bravery and courage,” while at the same meeting, demeaning a ten year Iraq and Afghanistan war veteran. This disrespect for men and women in uniform, past and present, reflects negatively on the City and is inapposite to the values of Arcadia and its public officials. 3. Knowingly falsely alleging financial impropriety by claiming there is concealment of the city’s true finances and asserting that city staff are misrepresenting financial information to the Council and public, and claims that the city staff is lying to the public, for the political purpose of undermining public confidence in city staff and the Mayor’s colleagues. Additionally, the Mayor has made patently false and baseless allegations that the City’s finances are headed for disaster by the City Council’s conduct, or that reserves are being depleted, all without evidence, and despite being corrected by city staff with statistical evidence and city records. The Mayor has accused the city manager and accounting staff of fraud and accounting manipulation solely because due to her own lack of diligence, failed to obtain an accounting record which was repeatedly emailed to Mayor Kwan. Use of these shadowy and baseless allegations only serves to undermine public respect and trust for the City, its workers and representatives. Attachment No. 3 Exhibit “A” 4. Disparaging first responders, and council colleagues by accusing them of impropriety and corruption because labor organizations chose not to support her or her cronies. These unfair and baseless allegations contribute to loss of public trust in our law enforcement and public safety agencies, and cause meaningless conflict based on false statements made for political gain. 5. Making unfounded accusations of sexism and sexual harassment against councilmembers and staff whenever disagreements arise to deflect argument against her ill-conceived and unfounded positions on substantive issues. This conduct is a transparent attempt to deflect responsibility for the Mayor’s bizarre and illogical statements 6. Discouraging public participation by mocking and belittling constituents, including elderly residents, by implying their incompetence and deafness, simply because they were politically adversarial to her and her cronies or expressed a conflicting viewpoint, attempting to intimidate opposing viewpoints and to squelch dissent. 7. Misusing council procedures and engaging in “ambush techniques” by failing to place items on the Council agenda in order to surprise her fellow councilmembers and city staff, and failing to consult department heads before raising issues that could have been resolved administratively, for the purpose of embarrassing unprepared city staff members and undermining public confidence in these officials and staffers. The Mayor has also misstated historical Council records to attempt infer that the city staff and Council has been malfeasant. 8. Engaging in un-collegial behavior, unprofessional temperament, and unfounded accusations against councilmembers simply because other councilmembers expressed a differing viewpoint. This behavior subverts the public decision making process. By deflecting the argument and attempting to silence dissent and statements of other councilmembers to avoid being demonstrated wrong, the Mayor seeks to use intimidation, strong arm tactics, and fear- mongering in place of reasoned decision making. 9. Relying on ChatGPT to conduct City Council meetings, thereby abdicating her responsibility to exercise independent judgment as presiding officer and maintain control over city business by personal judgment and not mere computer manipulation. The Mayor admits uses these processes, self-allegedly, to make her statements, but calls to question her understanding of the statements themselves. 10. Abdicating her sworn elected responsibilities and duties by being manipulated and controlled by third party unelected persons, and concealing and denying that conduct and practice, informing city staff that April Verlato must accompany her to all events, and by politicizing Coffee With the Mayor to malign other councilmembers and give Ms. Verlato a platform to air her grievances, rather than conduct the actual business of the Office of the Mayor. NOW, THEREFORE, BE IT RESOLVED, That the City Council of the City of Arcadia formally censures Mayor Sharon Kwan for conduct unbecoming of her office, which has undermined the trust, respect, and effective governance owed to Attachment No. 3 Exhibit “A” the residents of this City, and brought opprobrium and embarrassment to the City and City Council by reason of this misconduct; and BE IT FURTHER RESOLVED, That the City Council expects all its members, including the Mayor, to: • Treat colleagues, staff, and the public with respect and civility; • Base public statements on facts and verified information; • Abide by the requirements of the Brown Act and the City’s rules of procedure; • Work collaboratively and in good faith with staff and Council colleagues; • Uphold the dignity of the office to which they were elected. BE IT FURTHER RESOLVED, • The Mayor’s duties as presiding officer of the City Council are hereby terminated for the balance of her current Mayoral term; • The Mayor is relieved of her duties to chair or run City Council meetings for the balance of her Mayoral term; • The Mayor shall not address City functions in the capacity of Mayor for the balance of her Mayoral term; • The Mayor is relieved of her committee assignments for the balance of her Mayoral term. BE IT FINALLY RESOLVED, That this Resolution be entered into the official record of the City Council and communicated publicly to reaffirm the City Council’s commitment to respectful, transparent, and effective governance. RESOLUTION NO. 7463 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AR CADIA ESTABLISHING THE ROTATION FOR THE MAYOR AND MAYOR PRO TEMPORE WHEREAS, Section 404 of the Charter of the City of Arcadia currently requires the City Council to select a Mayor and Mayor Pro Tempore annually by majority vote of the City Council; and WHEREAS, pursuant to Resolution No. 7451, the City Council has proposed an amendment to the City Charter, which the City's voters may adopt by approving Measure CA at the November 8, 2022, election; and WHEREAS, if adopted by the voters, the amendment will modify Section 404 of the Charter to require that the offices of Mayor and Mayor Pro Tempore shall be filled automatically by rotation among the Councilmembers with each serving a term of approximately nine (9) and one-half (1/2) months; and WHEREAS, if adopted by the voters, the amendment to Section 404 will direct the City Council to establish implementing procedures to enable the automatic rotation of offices; and WHEREAS, in anticipation of the voters potentially approving Measure CA, the City Council now desires to establish procedures to implement the revised Section 404 so that the Mayoral rotation will be in place when the new City Council is seated; and WHEREAS, the revised Section 404 delegates the responsibility to the City Council to determine appropriate implementing procedures for Mayoral rotation, which includes the power to consider such matters as the order of rotation, procedures for resignation or vacancy, and grounds for removal; and 1 Attachment No. 4 5