Resolution No. 6899 273
RESOLUTION NO. 6899
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA,
CENSURING COUNCIL MEMBER FRANCES MARQUEZ FOR FAILING TO RESPOND
TO PUBLIC RECORDS ACT REQUESTS, FAILING TO RESPOND TO PUBLIC
RECORDS ACT REQUESTS IN A TIMELY MANNER; DISCLOSING CONFIDENTIAL
INFORMATION FROM CLOSED CITY COUNCIL SESSION(S); VIOLATING THE
CHARTER; VIOLATING THE CODE OF ETHICS; AND VIOLATING THE CIVILITY,
CONDUCT AND GOVERNANCE POLICY
WHEREAS, it is the duty of all Council Members to act in the public's interest; respect
good governance processes; and perform their duties professionally and ethically; and
WHEREAS, the laws of the State of California, the City of Cypress Charter, the Code
of Ethics, and the City Council's Civility, Conduct and Governance Policy establish legal and
other obligations on Council Members' behavior, conduct, and compliance with requests and
direction from City management; and
WHEREAS, Council Member Marquez has repeatedly and intentionally violated laws
of the State of California, the City of Cypress Charter, the Code of Ethics, and the City
Council's Civility, Conduct and Governance Policy; and
WHEREAS, from November 2020 through the first quarter of 2021, Council Member
Marquez repeatedly interfered with the City Manager's selection of a department director by
insisting in being included in the selection process and pressured the City Attorney to
intervene in the selection process on her behalf; and
WHEREAS, this is a direct violation of the Charter requirement that, "Neither the
Council or any of its members shall interfere with the execution by the City Manager of his
powers and duties, or order, directly or indirectly, the appointment by the City Manager or
by any of the departmental officers in the administrative service of the City, of any person to
an office or employment or his removal therefrom"; and
WHEREAS, the Charter also requires that the City Manager shall, "Appoint and
remove administrative officers, except those appointed by the Council, and when he deems
it necessary for the good of the service suspend or remove any employee"; and
WHEREAS, on November 15, 2021, in a meeting with a department director, Council
Member Marquez made the director feel pressure to retire and told the director which City
employee to appoint to fill the vacancy arising from the director's retirement; and
WHEREAS, this is a direct violation of the Charter requirement that, "Neither the
Council or any of its members shall interfere with the execution by the City Manager of his
powers and duties, or order, directly or indirectly, the appointment by the City Manager or
by any of the departmental officers in the administrative service of the City, of any person to
an office or employment or his removal therefrom"; and
WHEREAS, on January 4, 2022, Council Member Marquez directly engaged with a
consultant regarding the California Voting Rights Act/Election System community forum
presentation.
WHEREAS, Council Member Marquez contacted the consultant despite clear
direction from the City Council at its December 27, 2021 meeting that all input regarding the
presentation was due directly to the City Manager and was to be provided no later than
January 3, 2022; and
WHEREAS, on January 10, 2022, Council Member Marquez revealed information
from a closed City Council session in violation of the Brown Act; and
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WHEREAS, on January 13, 2022, Council Member Marquez made complaints to the
Human Resources Administrator against Council Members and the City Manager;
threatened a civil rights lawsuit against the City Council for racial discrimination; and made
a verbal complaint of harassment against other Council Members; and
WHEREAS, this is a direct violation of the Charter requirement that, "the Council and
its members shall deal with the administrative service under the City Manager solely through
the City Manager"; and
WHEREAS, Council Member Marquez violated the Charter when she made her
complaint to an administrator-level position rather than the City Manager or City Attorney;
and
WHEREAS, the Charter requires that, "Neither the Council or any of its members
shall interfere with the execution by the City Manager of his powers and duties, or order...";
and
WHEREAS, Council Member Marquez violated the Charter when she complained to
a City employee about the City Manager; and
WHEREAS, Council Member Marquez violated the City Council's longstanding
commitment to conduct City Council business through the City Manager or department
directors; and
WHEREAS, Council Member Marquez violated the City Council's commitment to
address the City Manager's performance directly with him and likely violated the employment
agreement between the City and City Manager; and
WHEREAS, the City Council has received training, and been advised by the City
Manager and City Attorney that filing any verbal or written complaint to the Human
Resources Division is not a right Council Members have per the City of Cypress Personnel
Rules and Regulations; and
WHEREAS, on January 26, 2022 these Charter and other procedural violations
forced the City Manager to protect the City, the Charter, and ensure the proper
administration of all affairs of the City by requiring that Council Member Marquez conduct all
City Council business exclusively and directly through the City Manager; and
WHEREAS, Council Member Marquez has repeatedly violated the January 26, 2022
requirements that she conduct all City Council business exclusively and directly through the
City Manager; and
WHEREAS, the City Council adopted the City of Cypress Civility, Conduct and
Governance Policy on February 28, 2022 to promote mutual respect, civility, and orderly
conduct among elected and appointed City officials, City staff, and our community; and
WHEREAS, the City Council required Council Members to sign the Civility, Conduct
and Governance Policy by March 8, 2022; and
WHEREAS Mayor Morales, Mayor Pro-Tern Hertz-Mallari, Council Member Minikus
and Council Member Peat signed the Civility, Conduct and Governance Policy by March 8,
2022; and
WHEREAS, Council Member Marquez failed to sign the Civility, Conduct and
Governance Policy by March 8, 2022; and
WHEREAS, Council Member Marquez signed the Civility, Conduct and Governance
Policy on March 28, 2022 after Mayor Pro-Tem Hertz-Mallari placed an item on the City
Council agenda to "Issue Direction to Correct to Council Member Marquez for refusing to
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sign the Civility, Conduct and Governance Policy and Code of Ethics as required by City
Council action at its February 28, 2022 regular meeting"; and
WHEREAS, Council Member Marquez has consistently failed to follow Code of Ethics
and Civility, Conduct and Governance Policy protocols, especially those requiring Council
Members to treat City staff professionally; prepare for and engage in meetings; preserve
order and decorum during meetings; keep comments clear, concise, and on-topic; alert the
City Manager or City Attorney in advance when asking questions about an agenda item;
speak directly to the City Manager in a timely manner about concerns about City operations,
City staff analyses, or City staff performance; and support a positive and constructive
workplace environment for City employees and for citizens and businesses dealing with the
City; and
WHEREAS, the City Clerk has received three requests for records under California's
Public Records Act. One each from Keep Cypress United, Fortis, LLP, and Californians
Aware; and
WHEREAS, on March 29, 2022, Council Member Marquez was asked to provide
records in response to the Keep Cypress United request by April 5, 2022; and
WHEREAS, Council Member Marquez failed to meet the April 5, 2022 deadline and
did not complete her response until April 11, 2022; and
WHEREAS, on May 9, 2022, Council Member Marquez, was asked to provide
records in response to the Fortis, LLP request by June 3, 2022; and
WHEREAS, Council Member Marquez has failed to provide a complete response to
the request; and
WHEREAS, on May 20, 2022, Fortis, LLP challenged the appropriateness of the
City's response to its request, presented a series of questions to the City and Council
Member Marquez, and threatened legal action if records for which Council Member Marquez
asserted attorney-client privilege with her personal legal counsel were not produced; and
WHEREAS, on May 22, 2022, the City Attorney referred the questions from Fortis,
LLP to Council Member Marquez and her separate attorney; and
WHEREAS, Council Member Marquez has failed to provide a complete response to
Fortis, LLP; and
WHEREAS, on May 31, 2022, Council Members, including Council Member
Marquez, were asked to provide records in response to the Californians Aware request by
June 6, 2022; and
WHEREAS, Mayor Morales, Mayor Pro-Tern Hertz Mallari, Council Member Minikus
and Council Member Peat responded to the request by June 6, 2022; and
WHEREAS, Council Member Marquez has failed to provide a complete response to
the request; and
WHEREAS, Council Member Marquez has repeatedly failed to communicate in a
timely manner with City management about the Public Records Act requests; failed to
provide timely responses to the Public Records Act requests; and failed to earnestly comply
with the Public Records Act requests; and
WHEREAS, Council Member Marquez's failure to respond (or respond timely) to the
requests, as required by the Public Records Act, exposes the City to litigation; damages its
reputation; wastes valuable City resources; and violates State law, the Charter, the Code of
Ethics, and the Civility, Conduct and Governance Policy; and
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WHEREAS, records discovered and provided in response to the Public Record Act
requests include communications between Council Member Marquez and third parties that
disparage other Council Members; include racist language; and otherwise demonstrate that
Council Member Marquez has violated the City's Code of Ethics' requirements that Council
Members' professional and personal conduct must be above reproach and should avoid
even the appearance of impropriety; and that Council Members shall refrain from abusive
conduct, personal charges or verbal attacks upon the character or motives of other members
of the City Council, City staff or public; and
WHEREAS, Council Members have spoken to Council Member Marquez informally
on multiple occasions to try to resolve concerns regarding her misconduct; and
WHEREAS, on January 6, 2022, Mayor Morales and the City Attorney met with
Council Member Marquez for approximately two hours to resolve concerns regarding her
misconduct;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS DOES
HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS:
Section 1. The recitals set forth above are incorporated herein by this reference.
Section 2. The City Council finds that Council Member Marquez has repeatedly
and intentionally violated the Public Records Act, the Charter, the Code of Ethics, and the
Civility, Conduct and Governance Policy.
Section 3. The City Council formally censures Council Member Marquez for the
reasons stated herein.
Section 4. This Resolution shall be effective on upon its adoption. The City Clerk
shall certify the adoption of this Resolution.
PASSED, APPROVED and ORDERED by the City Council of the City of Cypress,
California at a regular meeting held on 27th day of June, 2022.
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MA,. OR OF THE CITY OF CYPRESS
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ATTEST:
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CITY CRK OF THE CITY OF CYPRESS
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
I, Alisha Farnell, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the
foregoing Resolution was duly adopted at a regular meeting of the said City Council held on
the 27th day of June, 2022, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Minikus, Peat, Hertz-Mallari and Morales
NOES: 1 COUNCIL MEMBERS: Marquez
ABSENT: 0 COUNCIL MEMBERS: None
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CITY WERK OF TH' CITY OF CYPRESS