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Home My WebLink About12/04/1995;(1)11NOND 11,11.1t Phyllis E. Papen Mayor Gary H. Werner Mayor Pro Tem Eileen R. Ansari Council Member Clair W. Harmony Council Member Recycled paper City of Diamond Bar 21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 917654177 (909) 860-2489 • Fax (909) 861.3117 NOTICE OF SPECIAL MEETING NOTICE IS HEREBY given that the Diamond Bar City Council will hold a special meeting Monday, December 4, 1995, at 10:30 a.m., at the Air Quality Management District (AQMD) headquarters auditorium, 21865 E. Copley Drive, Diamond Bar, California, for discussion of: AGENDA I. Consideration of Resolution Censuring Clair Harmony for Activities for the Unauthorized Utilization of City Resources. FOR FURTHER INFORMATION, please contact the office of the City Manager at (909) 396-5666. DATED: December 1, 1995 CITY OF DIAMOND BAR Tomm Ye Nice Deputy City Clerk Lu TO: FROM: ADDRESS: ORGANIZATION VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. P name and address as written above. CITY CLERK DATE: r / PH0NE��/',k"d f r , Signature l ie Council Minutes reflect my FA TO: FROM: ADDR'E'SS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENIDA #/SUBJECT: CITY CLERK DATE: /�? -171/ 0�01� PHONE: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature FA TO FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK DATE: ��- PHONE: expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. 9 nature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: CITY CLERK //IZ ('^P Z 3 IT 4 A Cm �P?/ ✓�s b R /%,Ft's y DATE: /I ` T S4 PHONE: i expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Si nature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: w i l U<� r �, ��J Ah ,ADDRESS: ORGANIZATION: ,AGENDA #/SUBJECT: DATE: 1Z " �/ — 9�) / PHONE:dG/"67 !/ Z - expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK/ 1// FROM: /�'� 7 / G�( 0 DATE: J ADDRESS: PHONE: ORGANIZATION: AGENDA #/SUBJE(,T: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature C TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK DATE: 2 - PHONE: PHONE: -?&0- 3(f%/ I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: CITY CLERK�- DATE: ✓02 - � PHONE: I expect to address the Council on the subject 7agp,,�aitem. ase have the Council Minutes reflect my name and address as written above. 1 ignature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM:DATE: ADDRESS: PHONE: .ORGANIZATION: AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Si ature 1� _L/L- I I .Lt - - J - -I I ,� -I'i,' I DEC 03 '95 22:01 S & J N[CE 9095953691 T0: V- SS r 613117 P01 .p, N a� I RECEIVEC 12/04 00:20 1995 AT 61311 PAGE I (PFINTED PAGE 2) J December 4, 1995 Council Members, I'm sorry I can't be here in person, however job related activities force my absence. 1 wish to provide my views on the proposed censure of Council Member Clair Harmony and have them included in council records. I would appreciate the council and the city attorney establishing for me the grounds on which this censure is being based. Has Councilman harmony violated any written laws, any written by-laws, any city ordinance or written city policy at all? We have been down this road before. Some time back, this council attempted to do this same thing. At that time it was determined that there was no basis on which to complete this task. Also, at that same council meeting, Mayor Papen appointed two other council members to work on establishing a formal city policy regarding the use of city stationary. Council members Wenner and Ansari, were the members appointed to draft the policy. To date, 1 don't believe any policy has ever been presented to the council for consideration This being the case, I do not believe this council has the right to censure anyone on the use of city stationary. Before that can be done fairly, the council should complete its job of establishing some guidelines_ Guidelines to which all council members will be required to comply. Without any guidelines, the door remains open and free swinging for all council members to judge for themselves, the proper use of city stationary. I consider any attempt of this council to censure any other member regarding the use of city stationary, without any established policy, to be a political attempt at discrediting, and silencing the views of an opposing member without any basis in fact, Until a policy is established and approved by a majority of council members, you can criticize but you can do no more. Members of the council, get to work and establish a policy for all council members. Once that is done, it will leave little for individual interpretation. If policy is then violated, I will stand with you in the enforcement against those who may insist on pushing the envelope to far. Sincerely, Stephen E, Nice IN 1110N 1) RAR,ljI Phyllis E. Papen Mayor Gary H. Werner Mayor Pro Tem Eileen R. Ansari Council Member Clair W. Harmony Council Member Receded paper City of Diamond Bar 21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 917654177 (909) 860-2489 • Fax (909) 861-3117 FAX COVER SHEET DATE: la - 4. 9S TIME: NO. OF PAGES: TO: COMPANY: PHONE: FROM: DEPARTMENT: PHONE: COMMENTS: (Including Cover Sheet) FAX: -S? & • 001 jL // AJ /Jn Rvleo X55 FAX: 'I I►1.1!111� 11 1�.1R �� Phyllis E. Papen Mayor Gary H. Werner Mayor Pro Tem Eileen R. Ansari Council Member Clair W. Harmony Council Member Reryded paper City of Diamond Bar 21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 91765-4177 (909) 860-2489 • Fax (909) 861-3117 FAX COVER SHEET DATE: I d - -i' 9 s" TIME: z' 0 6 P moi. NO. OF PAGES: + (Including Cover Sheet) TO: ,/, 4 Al COMPANY: Dl?iA PHONE: FAX: FROM: DEPARTMENT: PHONE: / FAX: W • 9,038 COMMENTS: �,r-5(DJLA'6)Af 0 Recycled paper City of Diamond Bar 21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 917654177 (909) 860-2489 • Fax (909) 861-3117 FAX COVER SHEET" F PAGES: ANY: E: [: ZTMENT: E: ,x `i (Including Cover Sheet) ! R �'BU/l/,E FAX: (1!8 " H(f 95;7 FAX: BENTS:'! f 01731;d A,54107�J l/. I lLt .J ' I r I I I Li T .T yl IL Recycled paper City of Diamond Bar 21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 917654177 (909) 860-2489 • Fax (909) 861-3117 FAX COVER SHEET" F PAGES: ANY: E: [: ZTMENT: E: ,x `i (Including Cover Sheet) ! R �'BU/l/,E FAX: (1!8 " H(f 95;7 FAX: BENTS:'! f 01731;d A,54107�J l/. RESOLUTION NO. 95-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR CENSURING COUNCILMEMBER CLAIR HARMONY FOR ACTIVITIES UNBECOMING OF A CITY COUNCILMEMBER The City Council of the City of Diamond Bar does hereby resolve and order as follows: SECTION 1. Findings. 1. Councilmember Clair Harmony mailed a letter prepared on City letterhead and dated November 23, 1995 addressed to each campaign contributor to the Diamond Bar Caucus in connection with the November 7, 1995 municipal election. Each such letter included as an enclosure the entire listing of campaign contributors provided by the Diamond Bar Caucus to the Fair Political Practices Commission. 2. In the letter, Councilmember Harmony stated that his office was conducting an investigation into the contribution of the recipient of the letter to the Caucus and advised that the findings of the investigation would be forwarded to the Fair Political Practices Commission and the Attorney General. 3. The letter was mailed to numerous private businesses doing business in Diamond Bar. 4. The City became aware of the existence of the letters when numerous recipients of the letters contacted City Hall expressing concern about this investigation and because at least two of the letters were returned to the City as undeliverable because it had been mailed in an official City envelope, showing the City as the source of the letter. SECTION 2. RESOLUTION. 1. Mr. Harmony's letter of November 23, 1995 gives the distinct impression that an official investigation of the City is being conducted by virtue of its tone, its appearance on official City stationery, its delivery in an official City envelope, and its language which appears to mandate that the recipient provide the requested information. 2. Mr. Harmony's letter suggests that three named individuals, residents or business people of the City, are engaged in campaign improprieties. 3. Mr. Harmony's letter contains the suggestion that the recipients will be reported to the Fair Political Practices Commission and the Attorney General merely by virtue of having made a campaign contribution to the Caucus. 4. In fact, the City is not engaged in any investigation involving campaign contributions, and Mr. Harmony's letter in that regard has placed the City in disrepute and is an embarrassment to the City. 5. Mr. Harmony's letter is an abuse of his authority as a city councilmember. His use of City stationery to acquire information for purely personal and political reasons is a misuse of such stationery, because it appears that he is obtaining the information under color of his official authority. He lacks authority to use City stationery to acquire information by that means. SECTION 3. CFNSURF. 1. The City Council of the City of Diamond Bar does hereby censure Councilmember Clair Harmony for conduct unbecoming of a holder of public office and expresses its strong disapproval of Mr. Harmony's misuse of City stationery under color of his purported authority to accomplish purely personal and political objectives. 2. The City Council of the City of Diamond Bar does hereby remove Councilmember Clair Harmony as delegate or alternate to all committees for outside agencies until the new City Councilmembers are seated and committee appointments are made. ATTEST: PASSED, APPROVED AND ADOPTED this 4th day of December, 1995. City Clerk Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a special meeting of the City Council of the City of Diamond Bar held on the 4th day of December, 1995, by the following vote: AYES: COUNCIL MEMBERS: Ansari, Mayor Pro Tem Werner, Mayor Papen NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Harmony ABSTAIN: COUNCIL MEMBERS: None ATTEST: City Clerk of the City of Diamond Bar