MEETING DATE: December 14, 2009
AGENDA ITEM: Consideration of the Investigation Conducted by the
City Manager Related to Landlord-Tenant Mediation Board Member Dee
Seehusen and Consideration of Imposition of Disciplinary Action (up to
and Including Removal from the Board).
ATTACHMENTS
1. City Council Policy 2007-01 (City Commissions)
2. Organization and Implementation Guidelines — Landlord-
Tenant Mediation Board
Pages
1-7
8-15
3. Letter to the Editor Printed in the November 19, 2009 16
Culver City News
4. City Manager's Investigation Conclusions 17-1830
RESOLUTION NO. 2007-R
029
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CULVER CITY, CALIFORNIA, AND ADOPTING CITY
COUNCIL POLICY STATEMENT 2007-01 RELATED TO
CITY COMMISSIONS
WHEREAS, on May 29, 2007 at a regularly scheduled meeting of the City
Council, the City Council discussed a proposed policy related to the City's Commissions;
and
WHEREAS, the proposed policy reflects items which surfaced during a
• Special City Council Meeting held on February 24, 2007 which involved participation from
the City Council, members of the City's Commissions, members of the City's Executive
Management team, and members of the public; and
WHEREAS, through adoption of the policy attached hereto as Exhibit "A," the
City Council desires to address the important issues discussed at the facilitated meeting on
February 24,2007 and provide consistent guidance to Commissions, their members and
City Staff related to the operations of the City's Commissions and the standard of conduct
for Commission appointees.
NOW, THEREFORE, the City Council of the City of Culver City, California,
DOES RESOLVE as follows:
1. The City Council hereby adopts City Council Policy Statement No.
2007- 001 , entitled, "City Commissions," which City Council Policy Statement is attached
hereto as Exhibit "A" to this resolution.
- 2. City Council Policy Statement No. 2007-01 shall be effective on July 1,
2007.
-1- 2007-R029|1010101010101010|- 8|10 10
10|11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28ATTEST:|101010101010 10
10|11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3. The City Manager is hereby authorized to format this policy statement in a
2 format consistent with other City Council Policy Statements and shall include the final
version of this City Council Policy Statement with other adopted City Council Policy
Statements.
4. The City Manager shall distribute this City Council Policy Statement to
interested parties, which include, but are not limited to: the City's Commissions and City
Staff.
APPROVED and ADOPTED this 29 th day of May 2007.
ALAN CORL1N, MAYOR
City of Culver City, California
-2-
2007-R029
30City Council Adopted Policy 2007-01
Adopted by Resolution No. 2007-R029 on May 29, 2007
Subject Matter: City Commissions
PURPOSE
The purpose of this policy is to provide general guidelines on topics related to the
City's Commissions. At the time of this policy's adoption by the City Council, the
following four Commissions existed:
• Parks and Recreation COmmission
• Planning Commission
• Civil Service Commission
• Cultural Affairs Commission
This Policy shall apply to all Commissions, both existing at the time of the
adoption of this Policy and subsequent thereto and shall be consistent with the
City Charter and other applicable laws.
BACKGROUND
This policy is a result of the facilitated meetings held in February, 2007 during
which the City Council met with members of the City's Commissions and
Executive Management. This policy addresses various issues raised during
these meetings by City Councilmembers, City Commissioners, and Executive
Management.
GENERAL ROLE OF THE CITY'S COMMISSIONS
The City of Culver City prides itself on the participatory nature of its local
government. The City's Commissions play an important role in the efficient
governance of the City, and provides interested community members with the
opportunity to serve their fellow citizens.
As advisory bodies to the City Council, the CornmiSsions' advice on topics within
their purview, combined With factual research performed by City Staff, provide
the City Council with a more complete picture of many issues. in the role of
advisors to the City Council, Commissions administer policies adopted by the
City Council. From time to time, Commissions may be asked to interpret and
enforce City Council adopted policy. However, unless expressly provided the
authority to do so by the City Council, Commissions shall not make policy.
COMMISSIONER CODE OF CONDUCT
As representatives of the City Council and the City, it is important that
Commissioners set an example of conduct appropriate for their key roles.
Therefore, Commissioners are required to adhere to the following:
Page 1 of 5 2007-R029Page 2 of 5
2007-R029
Preparation for Meetings
It is necessary for Commissioners to be prepared to discuss the items on the
Agenda. Therefore, Commissioners should, whenever possible, be provided with
agenda packets at feast three business days prior to the meeting date_
Questions should be posed to staff prior to the meeting to allow staff the time
necessary to prepare and provide responses.
Punctuality/Attire
As part of making the City's. government as open and accessible to the public as
possible, the City Council has directed that meetings of all Commissions shall
generally be televised. This, coupled with the public nature of the Commission
meetings, makes it important for Commissioners to begin meetings on time.
Further, when attending official City events, including monthly Commission
meetings, Commissioners shall be appropriately attired. Business casual shall
be the generally acceptable mode of attire.
Conduct at Meetings
In compliance with the State's Open Meetings Law, commonly known as "The
Brown Act," Commissions can only take action on items that appear on the
Agenda. Commissioners wishing to have an item agendized for discussion must
obtain a majority of Commissioners' support to place an item on a future agenda.
Commissioners who believe they may have a concern related to Brown Act
compliance shall consult with the City Attorney.
While considering items at Commission meetings, disagreements may arise
which is normal and part of the process in a participatory government. However,
it is important that Commissioners conduct meetings with proper decorum and
respect.
To facilitate proper decorum, Roberts Rules of Order shall be the parliamentary
standard when conducting meetings.
Fair and Unbiased Consideration of Issues
Pursuant to the letter and spirit of the Brown Act and appropriate ethical
standards, Commissioners shall approach items before the Commission in a fair
and unbiased manner. Consistent with thjs requirement, Commissioners shall
conduct themselves in an appropriate manner at all times, including prior to and
during meetings and while in contact with the press and members of the public.
Role of the Chair
The Chair is the presiding officer of the Commission meeting. In that role, the
Chair is responsible for maintaining order and decorum. The Chair calls the
meetings to order, recognizes speakers, and manages the agenda. it is also the
Chairs responsibility to ensure the person who has the floor is given the attention
of other members and the public and is allowed to speak without undue or
inappropriate interruption and members of the Commission, those addressing the
Commission, and members of the Public are treated with due respect.During certain proceedings, such as an official Public Hearing, legal procedures
are in place to ensure all persons are able to address a Commission during
consideration of an Agenda Item. The Chair is responsible for guiding the
Commission's discussion in accordance with the procedures either contained in
the staff report or reported by staff.
Meeting Minutes
Meeting minutes are an important summary of the actions taken by the.
Commissionon items that appear on the Commission Agenda (Action Minutes).
They are not meant to capture each word (Verbatim Minutes). To facilitate more
rapid production and transmittal of - the minutes, Staff shall prepare and
Commissions shall approve Action Minutes similar to those produced for the City
Council meetings. Commissioners or members of the public interested in
additional information may seek a copy of the audio/video recording of the
meeting.
With the adoption of this standardized form of minutes, it shall be the goal of
each Commission to (zonsider approval of their minutes at the next regularly
scheduled meeting of their Commission.
Commissioner Misconduct
As appointees of the City Council, Commissioners serve at the pleasure of the
City Council. Violations of this Code of Conduct shall be handled in.the following
manners:
(1) Minor Misconduct: Issues will be reported to the Department Head of
the department that provides staff support to the Cornmission. The
Department Head shall then attempt to resole the issue with the City
Council Liaison, Commission. Chair, and Commissioner.
(2) Major Misconduct: Issues of this level will involve the City Council
Liaison, Commission Chair, and the City Manager's Office.
In the case misconduct involves the Commission Chair, the Commission Vice
Chair shall act in-lieu of the Chair
Additionally; the City Manager shall report Commissioner misconduct to the City
Council.
Commissioner Attendance and Forfeiture of Commission Seat
Annually, in May, the City Manager shall provide the City Council with a summary
of attendance by Commissioners at Commission meetings.
The Municipal Code provides for the following:
"Any Commissioner who is absent from three (3) consecutive
meetings of the Commission or a total of five (5) meetings in any
six (6) month period shall thereby automatically forfeit his
membership in said Commission, provided, however, that there
shall be no such forfeiture in the event of any of the following:
Page 3 of 5
2007-R029A. When a Commissioner is unable to attend due to illness or
physical incapacity.
B. When a Commissioner is unable to attend because of
business or vacation.
C. When the City Council has determined before forfeiture that
an absence is justified."
COMMISSION INTERACTION WITH THE CITY COUNCIL
One common theme discussed at the facilitated meetings was the importance of
having regular interaction between the City Council and Commissioners.
Therefore, the following shall be scheduled:
• Annual Joint Meeting of all Commitsions• with the City Wind (at the
regularly scheduled . Commission MetingS in Septerriber of each year);
and
• Designation of a Council Liaison to each Commission in April of each year
(with the Mayor functioning as an alternate).
Appeal to City Council of Commission Decisions
The various appeal schedules are mentioned in various sections of the City Code
and currently vary from COmtniSsion to Commission. The City Manager is
directed to prepare a proposed unified appeal process for consideration by the •
City COUncil within 60 days of the date of the- adoption Of this Policy.
COMMISSION INTERACTION WITH THE CITY STAFF
One of City Staffs many roles is to provide information to the Commissions. As
part of maintaining proper decorum and respect, Commissioners shall interact
with staff with proper politeness and courtesy. Whenever possible, issues and
concerns of Commission Members and/or City Staff shall be addressed to the
Department Head of the department that .provides staff support to
the
Commission. Should resolution not be reached after consultation with the
Department Head, Commission Members may conduit with the City Manager's
Office.
Commissions, as bodies, and individual Commissioners may make routine
informational requests to City Staff that do not require significant research or
other allocation of staff resources. Neither Commissions nor individual
Commissioners shall provide direction to City Staff (other than to place items on
future Agendas). Agenda item requests which require the dedication of
significant time resources shall not be undertaken without the approval of the
Department Head and/or the City Manager. - Major policy items may also be
presented to the City Council for consideration and direction prior to allocation of
staff resources by the City Manager.
Page 4 of 5 2007-R029Page 5 of 5
2007-R029
COMMISSIONER TRAINING/ORIENTATION
Commissioner Training/Orientation is important to prepare new commissioners
for the key role they play. Ongoing training for Commissioners is also important
to keep Commissioners abreast of the latest developments in their field(s).
New Commissioner Training
The City Manager and City Attorney are hereby directed to immediately develop
and implement a New Commissioner Training Program which will provide new
commissioners with training in the following basic areas:
• General City Operations
• The State Open Meetings Law (The Brown Act)
• General Parliamentary Procedure (Roberts Rules) and Etiquette
• Ethics (AB 1234) — including proper use of Commissioner Title and
Business Cards
• Electronic Voting System
Existing Commissioner Training and Ongoing Training
The City Council shall consider funding that would provide ongoing training to
Commissioners during the fiscal year. Commissioners are encouraged to
recommend applicable training for inclusion in future year budgets. This training
should include training _specific to the area of responsibiltty of the Commission.
One source of important and credible training is the League of California Cities.ORGANIZATION AND IMPLEMENTATION GUIDELINES
CULVER CITY LANDLORD-TENANT MEDIATION BOARD
A. BOARD ORGANIZATION
(1) Name of the Board
The name of the Board shall be "The Culver City Landlord-Tenant Mediation Board."
(2) Objectives of the Board
The objectives of the Board shall be as follows:
(a) To reduce tensions in the rental housing market by requiring the parties
involved in a rent increase dispute to participate in a good faith mediation
session with objective conciliators/arbitrators. The sessions will facilitate a
means of resolution of disputes between tenants and landlords of residential
rental properties related to rent raises, through the process of mediation. In
addition, the opportunity for voluntary arbitration will be provided.
(b) To educate the parties about the landlord and tenant relationship and the rights
and responsibilities of both parties.
(c)
To submit an annual report on/by May 31 of each year to the Council
recounting the Board's ability and success in meeting with its objectives.
(3) Sponsorship and Authority
To establish the credibility of the Board within Culver City, and to differentiate this
Board from other rental housing activities taking place elsewhere in the Los Angeles
area, the Culver City Mediation Board shall be authorized to represent itself as an
entity sponsored by the City of Culver City.
(4) Confidentiality
(a) In submitting a dispute to mediation all parties shall acknowledge that the
proceedings of the mediation shall be privileged and confidential and any
admission or concession made by any party shall not prejudice the positions of
any party or be introduced as evidence in any litigation or proceedings in
accordance with California Evidence Code Section 1152.5.
(b) In submitting a dispute to arbitration, all parties shall acknowledge that the
proceedings shall be privileged and confidential. The arbitration shall be
conducted in accordance with the provisions of the California Arbitration Law,
Section 1280-1294 Code of Civil Procedure. The award of the arbitrator(s)
shall be final and binding on the parties as to the issue or issues presented for
arbitration.(c) Except as is necessary to enforce, affirm, modify or vacate an award in
arbitration, all matters connected with conciliation efforts under this resolution
are privileged and confidential and shall not be examined or inspected, except
by a party to the arbitration or conciliation, and shall not be offered or accepted
into evidence in any later arbitration, litigation or judicial proceeding.
(d) In order to preserve the confidentiality of the mediation process and/or
arbitration process, the identity of the parties to a dispute shall be confidential,
except insofar as disclosure of the parties' identity may be necessary in
furtherance of the provisions of Chapter 32 of the Culver City Municipal Code.
(e)
No person shall make an electronic, photographic or stenographic recording of
the whole or any part of any mediation or arbitration session unless permission
is given by all participating parties.
(5)
Report of the Board
The Board shall make an annual report to be submitted to the City Council,
concerning its activities to fiwther establish Board objectives.
(6) Composition of the Board
The Board shall consist of 9 members as follows:
3 - tenant representatives
3 - landlord representatives
3 - member-at-large representatives
(7) Alternates
Alternate members of the Board shall sit only on a mediation panel and then only
when it is otherwise impossible to convene a mediation panel because of unavailability
of a regular member, or if the Chairman determines that all available panels are
engaged and that the case load justifies use of an extra panel.
(8)
Selection of Board Members
Due to the dispersion of rental properties in Culver City, it shall not be necessary to
have representation based on geographical or neighborhood areas. "Landlord" and
"tenant" representatives, however, shall preferably include one owner and one tenant
representative from buildings or complexes of less than 10 units, one owner and one
tenant representative from buildings or complexes comprised of from 10 to 30 units,
one owner and one tenant from buildings or complexes of 31 or more units within the
City of Culver City.In selecting Board members from the owner/manager/real estate professional
category, preference for membership shall be given to owners of residential rental
properties located within the City of Culver City.
All Board members shall be selected by the City Council without regard to race,
creed, color, religion, national origin, sex, income, age, handicap, or marital status_
Individuals wishing to volunteer to serve as mediation board members shall complete
and submit an application.
All eligible applicants names shall be submitted to the City Council for consideration.
Prior to appointment by the City Council, all applicants shall be given an opportunity
to address the City Council at a regular City Council meeting(s).
(9)
Qualification of Board Members
All tenant members shall be tenants of residential rental property within the City of
Culver City, and neither the applicant nor the applicants spouse or dependents shall
have any financial interest in residential income-producing property either in Culver
City or elsewhere.
All landlord representatives shall either own, manage or have a residential income
property interest within the City of Culver City, and shall preferably be residents of
the City of Culver City.
"Members-at-large" members shall neither be tenants nor shall they own or have an
ownership interest in any residential income-producing property in Culver City.
Furthermore, preferably, neither "member-at-large" applicants or their spouse or
dependents shall have any direct business or financial relationship with either
landlords, property managers or real estate professionals within the City of Culver
City or elsewhere. "Member-at-large" applicants shall be residents of the City of
Culver City.
(10) Disclosure and Disqualification
If a Board member is a party in a case before the Board, the other party at the outset
shall be so advised and further advised that the Board member will not participate in
any way as a Board member in any matter relating to the case
(11) Terms of Board Members
Board members shall serve terms of three years.
All members and alternates shall serve at the pleasure of the City Council.
3(12) Absences of Board Members
The name of any member who within any one-year period has more than one absence
of a regularly scheduled meeting, excused or unexcused, shall be referred to the City
Council for consideration of removal.
(13) Appointments to Fill Vacancies
If a Board vacancy occurs, the alternate member who has the qualifications for the
vacated category shall be appointed. If a vacancy occurs in the Alternate Member-
ship, the Council shall appoint a qualified replacement.
(14) Designation of Officers
The Board shall elect its own officers consisting of a Chairman and Vice Chairman,
and Council Liaison. The Chairman shall appoint a publicity Chair.
The Chairman and Vice Chairman of the Board shall be elected annually by a majority
vote and shall serve at the pleasure of the Board.
(15) Duties of the Officers
The duties of the Board Chairman shall consist of presiding over all general Board
meetings, review an approved annual report of the Board activities as prepared by
staff and submitted to the City Council, and, in general, to supervise the affairs and
activities of the Board.
The Vice Chairman shall perform the duties of the Chairman when that person is
absent and/or if the Chairman is unable to complete his or her term as Chairman for
any reason.
(16) Compensation of Board Members
The Board members shall be compensated at the rate established by City Council
resolution.
(17) Meetings
(a) General Meetings. The Board shall meet at least four times per year during the
months of January, April, July and October, within the City of Culver City, at a
time and place to be decided by the Board. The Board shall also be subject to
the call of the Chairman as necessary to accomplish the objectives of the Board.
All regular Board meetings shall be open to the public and duly noticed at least
five working days prior to the meeting.
45
A majority of the Board members, to include at least one representative from
each membership category, shall constitute a quorum for the transaction of
general business.
At these meetings, the Board shall report on all mediation sessions conducted
and business transacted at special meetings, if appropriate, since the last regular
Board meeting. In addition to general business transactions of the Board,
minutes issued following regular Board meetings shall note, regarding all
mediated disputes, the case number of the dispute, the nature of the dispute,
resolution and Board recommendation, if any.
(b) Special Board Meetings. Special Board Meetings may be called as necessary
with at least five working days' notice given in advance of a special meeting.
At Special Board Meetings, a majority of the Board members, to include at
least one representative from each category, shall constitute a quorum for the
transaction of general business.
B. STAFF SUPPORT
The City shall provide a staff member to act as liaison who shall:
(1) work under the general supervision of the City Housing Administrator and shall
be located in the Housing office;
(2) respond to initial calls from landlords or tenants requesting information and
referral or for a mediation hearing appointment and conciliate and encourage
communication between a landlord and tenant, but shall not mediate;
(3) complete intake data re: a landlord/tenant rent raise dispute and to verify such
information with the assistance of other City staff members;
(4) coordinate mediation hearing appointments with the Board Chairman;
(5) take minutes, and coordinate with the Chairman the preparation and
dissemination of required reports;
(6) perform follow-up activity deemed necessary by the Board, and maintain a
reference file on agencies, services and other groups for use in the mediation
process and for referral for residents not wishing to initiate mediation;
(7)
report to the Board at their regular meetings all calls involving requests for
information and referral as well as cases in progress and follow-up activities
performed by the staff liaison; and
(8) verify information submitted by candidates for positions on the Board.C. CONCILIATION PROCESS POLICIES AND PROCEDURES
(1) Landlords and/or tenants may contact the staff for basic information and referral
regarding landlord/tenant rights and responsibilities. The Board, however, shall
provide conciliation and arbitration services only regarding rent raises and
matters relating to same.
(2) Following receipt of a Complaint Form regarding a rent raise related dispute,
the Mediation Board staff shall determine if it was filed within fifteen (15) days
of receipt of a notice of rent increase and, if so, shall schedule a mandatory
mediation session at a time prior to the effective date of the rent increase.
(3)
Following receipt of a Complaint Form regarding a rent raise related dispute
which was filed after the 15th day of receipt of a notice of rent increase, staff
shall contact the charged party, either by telephone or in writing, of the nature
of the complaint and to provide the other party an opportunity to voluntarily
settle the dispute with the assistance of the mediation process. If the party
wishes to participate, the staff liaison shall schedule a mediation session before
a panel at the earliest convenience of all parties. Both parties to the dispute,
and/or their authorized representatives who have the power to act on behalf of
a party to the dispute, must voluntarily agree to be present and participate in the
mediation process.
D. MEDIATION/CONCILIATION
(1)
As used herein the terms "mediation" and "conciliation" shall mean that process
whereby a person or persons not a party to the dispute attempt to assist the
parties to the dispute through proposals or arguments to come to a voluntary
agreement. A mediator or conciliator does not render a decision.
(2) Mediation/Conciliation sessions shall be closed to the public and shall take
place at a location, date, and time convenient to all parties to the dispute.
(3) Mediation/Conciliation shall be conducted in a session attended by all parties to
the dispute; provided that if any party declines to so meet, the mediation/
conciliation may be conducted in separate sessions.
(4) A Mediation/Conciliation panel in each case shall consist of one "landlord," one
"tenant" and one "member-at-large" representative, provided however, that
when unusual circumstances exist which prevent the assembly of a three-
member panel, a panel of two or a single member may mediate; provided
further, that in such unusual circumstances, a panel of less than three may
mediate if:
6(a) The parties in the dispute consent in writing to the waiver of a three-
member board and agree to mediation by a board of less than three
members; and
(b) If a panel of two members cannot be convened, a single mediator may be
utilized, provided however, that such a mediator shall be selected from
the member-at-large representatives.
(5) If mediation/conciliation leads to an agreement between the parties, such
agreement shall be reduced to writing and signed by the parties and the
member(s) of the panel. If mediation/conciliation reaches an impasse, the panel
shall advise the parties of the availability of arbitration or give the parties other
information that the majority of the panel considers appropriate.
E. ARBI [RATION
(l) As used herein, the term "arbitration" shall mean that process whereby the
parties to a dispute agree to submit issues to a panel which will hear and
adjudicate the matter and which shall render a written decision which shall be
binding upon all parties to the dispute.
(2) At the time the parties are asked to agree to voluntary mediation, they shall be
afforded the opportunity of agreeing to voluntary binding arbitration as an
alternative.
(3) If a mediation session reaches an impasse, the parties will be given the
opportunity of agreeing to voluntary binding arbitration before a new panel.
(4) Both parties to the dispute and/or their authorized representatives who have the
power to act on behalf of a party to the dispute, must voluntarily agree to be
present and participate in the arbitration process. Should either party decline to
participate or to send an authorized representative to participate on his or her
behalf, other options shall be made available to the original complainant to
include, but not be limited to referral to other agencies or services. Such
information and/or referral shall not include the rendering of legal advice and
shall not be considered as such.
(5)
An arbitration panel in each case shall consist of one "landlord," one "tenant"
and one "member-at-large" representative. When unusual circumstances exist
preventing the assembly of a three-member panel, a single "member-at-large"
representative may arbitrate with the written consent of all parties.
7MEDGUIDE Rev 5196
F. OTHER POWERS OF THE BOARD
(1) Procedures
The Board shall have the power to establish procedures for implementing its
responsibilities under these guidelines including without limitation:
a. Procedures for assignment of members to mediation and arbitration
panels and assignment of cases to the several panels;
b. Procedures for rotation of assignment of cases to panels;
c. Procedures for replacement of members who are for any reason
disqualified to serve on a panel;
Procedures for conduct of the Board meetings, e.g., adoption of Robert's
Rules of Order Newly Revised.
(2) If a complaint is filed which presents a question as to whether a rent raise issue
is presented, the matter shall be presented to the Board for its determination.'
Culver City News
Thanks.
Scott Wyant
Culver City
Dear Editor,
The reason I aria writ-
ing this letter is to .say that
my husband and I voted
our choices for new school
board members via lawn
signs and our absentee bal-
lots. As fate would have" it,
we did not vote , for either
of the homosexuals, Pas-
palls and Silbiger, Nov. 5
Culver City News.)
A noteto Silbiger regard-
ing your statement in the
Nov. 5 issue that you have
"always been open with
anyone who asked about
my sexual orientation:" I
think the public would have
liked to haveknown before
the election. Why? Because
I do not believe you would
haVe been. elected had the
public known, and that is
what! think.
Dee Seehusen
Culver City
We Want Your
Letters Policy:'
The Culver City News welcomes your letters. They
should . be typewritten With the writer's . real name, address
and phone number. The phone number is for verification
purposes only. Anonymous letters and letters with initials or
pseudonyms Will not be published. Letters under400 words
arepreferred. The News reserves the right to . edit . letters for length,
grammar, spelling ,,punctuation, libel, goad .taste or any reason
deemed necessary. ideas and opinions expressed in letters printed
are not necesSarily those of the Culver City News-or its-staff. Ali
letters become property of the News 'and cannot be returned.
Letters can be sent in the following ways:
• Only letters sent exclusively to the News will be published.
• The e-mail address is editorikulvercitynews:org.
• The fax number is (30)3.9T-9068.
• The mailing address is Editor, Culver City News,
4351 Sepulveda boulevard,
Culver City 90230.
Questions? Please call (3T0) 437-4401.
Dear Editor,
Why aren't kids wearing
helmets while riding their
bikes? My family and I see
children and teens alike
riding around with no pro-
tection. Kids can_ be inat-
tentive and reckless. They
need, helmets and should
follow the helmet law.
-There are really cool hel-
mets available for less than
$20. By the way, - I looked
up the code and it also cov-
ers inline skates, scooters
and skateboards too.
Jennifer .Stewart
Culver City
Dear Editor, .
In your newspaper
[page 41 there is a missing
person's notice for a man
named Phillip Agre.
I knew Phil as a professor
in the Graduate School of
education and Information
Studies at UCLA, where I
was studying. Phil's a bril-
liant guy, an internation-
ally known and respected
scholar, whose publications
are used in Information
Technology syllabi in re-
search universities around
the world. His newsletter
Red Rock Eater was read
by.thousands, and was one
of the first blogs, before the
term was even coined.
Phil has also been diag-
nosed with bi-polar disor-
der, and during the last year
he took a leave of absence
from his job and basically
walked away from his life.
He abandoned his apart-
ment, stopped contacting
his friends and fa inily and
has occasionally been spot-
ted walking on Sepulveda
Boulevard in Culver City
and West Los Angeles.
I'm writing this. kir two
reasons. First, to ask the
public to keep an eye out fOr
Phil. If you see him, or some-
one who may be him, please
call the UCLA Police, or the
Culver City Police and let
them know. Second, I need-
ed to remind myself that the
vast majority of our home-
less population is not home-
less by their own choice.
They're homeless because
they're sick, mentally and/or
physically, and they've fallen
through the cracks of what's
left of our safety net.
TICKET from page 1
restrained.
Currently, California has
It or 'Ticket mobilization,
Given -the years of public
awareness campaigns, in-
cluding hundreds of Click
JtorTickcthighwa sigps
xellitteiL CITY
INTEROFFICE MEMORANDUM
DATE:
TO:
FROM:
SUBJECT:
12/10/2009
The Honorable Members of the City Council
Mark Scott, City Manager
Conclusions of Investigation into Alleged Misconduct
Landlord-Tenant Mediation Board Member Dee Seehusen
At the November 23, 2009 City Council meeting, I was asked by the City Council
to contact Landlord-Tenant Mediation Board (Board) Member Dee Seehusen to
inquire about recently published comments relating to gay and lesbian
community members. At issue was the suitability of Mrs. Seehusen to serve on
the Board given the City's obligation under local, State, and Federal laws and
regulations to protect the rights and ensure equal treatment of all citizens
regardless of race, gender, age, ethnicity, disabilities, sexual orientation, religion
and other protected status. The Board must, for instance, be able to address
disputes between parties without preference for or bias toward any of the above.
They are also bound, as is the City, by Federal and State fair housing laws.
Based on the above concern, I was asked to investigate the published comments
of Mrs. Seehussen questioning whether gay or lesbian community members
should serve on a school board and whether candidates should be obligated to
disclose their sexual orientation to the electorate while running for office. I was
also asked to consider whether such a bias affects a person's ability to represent
the City on the Landlord-Tenant Mediation Board.
I have spoken to Mrs. Seehusen on three occasions since November 23. She
confirmed that the published comments are hers, and she confirmed that she
believes gays and lesbians should not be involved in the education of children.
She feels she has been mischaracterized as "homophobic" but holds onto "her
principles" that the sexual preference of gay and lesbian community members
could negatively affect their teaching of children, selection of books, and other
key decisions. She argues, however, that this belief would not conflict with her
ability to mediate a solution to a landlord-tenant problem or otherwise conduct
her role as a Board Member. She asked that the City Council be advised that
she and her husband rent property to a gay couple.
Mrs. Seehusen has been most cooperative with me in our discussions, and I
believe she addressed the issues with full candor. I advised her of my
conclusion that, regrettably, her participation in the Landlord-Tenant Mediation
Board (a voluntary, at-will body appointed by the City Council) could put the City
9770 CULVER BOULEVARD CULVER CITY, CA 90232-0507
61)Page 2 of 2
at risk based on actual and/or perceived biases relating to sexual orientation.
The ability of mediators and arbitrators to provide non-bias services is
compromised when their personal beliefs are at odds with laws and policies
affecting our housing programs.
Based on the above, I have asked Mrs. Seehusen if she would consider
resigning. She has chosen not to do so. She responded that the City Council
may terminate her, but she does not wish to resign because it would indicate that
she is wrong.
Under the laws we operate, I believe that Mrs. Seehusen's stated beliefs
compromise her ability to provide services in a fair and unbiased manner. Such
a compromise could create an untenable situation for the City in our effort to
meet the letter and spirit of the law. Therefore, 1 must regrettably recommend
that Mrs. Seehusen's appointment to the Landlord-Tenant Mediation Board be
terminated by the City Council.
I have advised Mrs. Seehusen that this matter will be on the City Council's
December 14, 2009 meeting agenda and that she will be given the opportunity
for written or oral response at her discretion.
Certainly, there must be a place in the world for people to disagree and to
express those disagreements_ Mrs. Seehusen is welcome to speak through
whatever forum she chooses, including any City Council meeting. This
recommendation is based solely on my conclusion that Mrs. Seehusen's publicly
stated attitudes puts the City at risk relating to her role as a Board Member. I
must therefore recommend termination of that discretionary appointment.
FILE NAME: MEMO TO THE CITY COUNCIL REGARDING DEE SEMIUSEN PRINTED ON RECYCLED PAPF_R
City of Culver City, California
Agenda Item Report
RECOMMENDATION:
Staff recommends that the City Council consider the conclusions of the investigation
conducted by the City Manager related to Landlord-Tenant Mediation Board Member
Dee Seehusen and consider imposition of disciplinary action (up to and including
removal from the Board).
BACKGROUND:
On May 29, 2007, the City Council adopted City Council Policy 2007-01 on
the subject matter of City Commissions. A copy of that policy is attached.
On May 11, 2009 the City Council appointed Dee Seehusen to the Landlord
Representative seat on the Landlord-Tenant Mediation Board for a term
beginning on July 1, 2009 and continuing to June 30, 2012.
DISCUSSION:
At the November 23, 2009 City Council Meeting, the City Council received comment
from members of the public who referenced a letter attributed to Ms. Seehusen that
appeared in the November 19, 2009 edition of the Culver City News. The speaker
alleged the views expressed in that letter were homophobic and discriminatory. A
copy of that letter is attached.
Meeting Date: 12/14/09 Item Number: A-1
CITY COUNCIL AGENDA ITEM: Consideration of the Investigation Conducted by
the City Manager Related to Landlord-Tenant Mediation Board Member Dee
Seehusen and Consideration of Imposition of Disciplinary Action (up to and
Including Removal from the Board).
Contact Person/Dept.: Mark Scott Phone Number: 310-253-6000
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No []
Public Hearing: [] Action Item: [X] Attachments: [X]
Commission Action Required: Yes [] No [X] Date: ________________
Public Notification: (E-Mail) Agenda and Meetings – City Council (12/10/09); Mr. Marvin
Brown (12/10/09); Landlord-Tenant Mediation Board Member Dee Seehusen (12/10/09)
Department Approval:
Martin R. Cole (12/10/09)
City Attorney Approval:
Carol A. Schwab (by H. Baker) (12/10/09)
Chief Financial Officer Approval:
Mark Scott (by M. Noller) (12/10/09)
City Manager Approval:
Mark Scott (12/10/09) City of Culver City, California
Agenda Item Report
Based upon these comments, the City Council requested the City Manager to
investigate these allegations and to report back to the City Council.
The City Manager has conducted his investigation and has attached the results
thereof for the City Council’s consideration.
City Council Policy 2007-01 contains, in pertinent parts:
“…“As representatives of the City Council and the City, it is important that
Commissioners set an example of conduct appropriate for their key roles…
…Fair and Unbiased Consideration of Issues
“Pursuant to the letter and spirit of the Brown Act and appropriate ethical
standards, Commissioners shall approach items before the Commission in a fair
and unbiased manner. Consistent with this requirement, Commissioners shall
conduct themselves in an appropriate manner at all times, including prior to and
during meetings and while in contact with the press and members of the
public…”
Commissioner Misconduct
As appointees of the City Council, Commissioners serve at the pleasure of
the City Council…”
Additionally, Section A(11) of the Organization and Implementation Guidelines –
Culver City Landlord-Tenant Mediation Board provides in pertinent part:
“…All members and alternates shall serve at the pleasure of the City Council…”
City Manager’s Recommendation
Based upon the investigation, the City Manager recommends the City Council
determine to terminate the appointment of Dee Seehusen to the Landlord-Tenant
Mediation Board. Further, Mrs. Seehusen has been provided with a copy of this
report and been given notice of this evening’s agenda item. This is an opportunity
for her to present testimony to the City Council on this subject, including but not
limited to, any reasoning why the City Council should not terminate her appointment
to the Board.
City of Culver City, California
Agenda Item Report
FISCAL ANALYSIS:
There is no fiscal impact associated with this agenda item.
ATTACHMENTS:
1. City Council Policy 2007-01 (City Commissions)
2. Organization and Implementation Guidelines – Culver City Landlord-Tenant
Mediation Board (Page 3 – Section A(11)
3. Letter to the Editor printed in the November 19, 2009 Culver City News
4. City Manager’s Investigation Conclusions
MOTIONS:
That the City Council:
Consider the conclusions of the City Manager’s Investigation and consider the
imposition of disciplinary action against Landlord-Tenant Mediation Board
Member Dee Seehusen (up to and including the removal from the Board).