Resolution No. 6905 297
RESOLUTION NO. 6905
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, CENSURING COUNCIL MEMBER FRANCES MARQUEZ
FOR VIOLATIONS OF THE CITY OF CYPRESS CODE OF ETHICS AND
THE CITY OF CYPRESS CONDUCT 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
City of Cypress Code of Ethics; and the City of Cypress 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, on (or about) September 7, 2022 and September 8, 2022, Council
Member Marquez violated the City of Cypress Code of Ethics, and the City of Cypress
Civility, Conduct and Governance Policy; and
WHEREAS, on (or about) September 7, 2022 and September 8, 2022, Council
Member Marquez used her office as a City of Cypress Council Member to secure the
opportunity to speak to Cypress High School students; and
WHEREAS, prior to meeting with students at Cypress High School, Council
Member Marquez was provided guidance by Cypress High School regarding permissible
and impermissible topics; and
WHEREAS, Council Member Marquez ignored the guidance provided by Cypress
High School; and
WHEREAS, Council Member Marquez's actions prompted at least one Cypress
High School instructor to revisit the guidance about permissible and impermissible topics
with Council Member Marquez; and
WHEREAS, Anaheim Union High School District has characterized Council
Member Marquez's actions as unacceptable; and
WHEREAS, Anaheim Union High School District was sufficiently troubled by
Council Member Marquez's actions that it revoked her access to Cypress High School
students; and
WHEREAS, the City Council has received numerous and consistent complaints
from residents about Council Member Marquez's actions at Cypress High School; and
WHEREAS, students and parents reported that Council Member Marquez's
presentation "started out about politics and running for office, but quickly changed to how
nobody gets along, how everybody is out to get her, how the City is being sued due to
redistricting, and how the City Council is going against what the residents want"; and
WHEREAS, students and parents reported that Council Member Marquez's
presentation was "one sided and negative towards the rest of the City Council"; and
WHEREAS, Council Member Marquez also brought two candidates for local
elected office with her to Cypress High School; and
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WHEREAS, students and parents reported that Council Member Marquez and the
candidates handed out campaign flyers and cards promoting the candidates, asked
students to take the cards home and discuss them with their parents, to not throw them
away because they were expensive, and offered students service hours in exchange for
working on behalf of the candidates; and
WHEREAS, students and parents reported that it is obvious to them that the
purpose of Council Member Marquez's class visits was not to teach about the importance
of voting and the voting system, but to promote the candidates and her agenda; and
WHEREAS, when the Mayor asked Council Member Marquez about the parent's
and student's complaints at the September 12, 2022 City Council meeting, Council
Member Marquez was not forthcoming about her actions at Cypress High School or the
content of her presentation and denied what the students and parents reported; and
WHEREAS, Council Member Marquez, who routinely recounts her decades long
involvement in government and politics, is or should be aware of the inappropriate nature
of her actions; and
WHEREAS, Council Member Marquez failed to adhere to guidance from Cypress
High School or consult the City Manager or City Attorney regarding the nature and
purpose of her visit to Cypress High School; and
WHEREAS, Council Member Marquez's actions brought disrepute to the City,
strained the relationship between the City and Cypress High School, and strained the
relationship between the City and Anaheim Union High School District; and
WHEREAS, Council Member Marquez's actions created the impression that
Cypress High School and Anaheim Union High School District share her views on issues
before the City Council and endorse the two candidates for local office who accompanied
her; and
WHEREAS, Council Member Marquez's actions have undermined students' and
parents' confidence in the City and the democratic election process; and
WHEREAS, Council Member Marquez violated the following elements of the City
of Cypress Code of Ethics (attached): E1, E2, E3, El0, and E12
WHEREAS, Council Member Marquez violated the following elements of the City
of Cypress Civility, Conduct and Governance Policy(attached): C2, C3, C6, C8, C9, C13,
C15, C18, C19, and G10; and
WHEREAS, Council Member Marquez violated the City of Cypress Code of Ethics
and the City of Cypress Civility, Conduct and Governance Policy when she used her office
to secure access to students at Cypress High School; misrepresented issues before the
City Council; denigrated other Council Members; and participated in political campaigning
during the school day at Cypress High School; and
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 intentionally
violated the City of Cypress Code of Ethics and the City of Cypress Civility, Conduct and
Governance Policy.
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Section 3. The City Council formally censures Council Member Marquez for the
reasons stated herein.
Section 4. The City Council directs Council Member Marquez to issue a formal,
written apology to Anaheim Union High School District and Cypress High School no later
than seven days after this Resolution is approved.
Section 5. The City Council revokes Council Member Marquez's appointment
to the Orange County Council of Governments General Assembly (Alternate), the
Southern California Association of Governments General Assembly (Alternate), and the
City of Cypress Veteran Recognition Ad Hoc Subcommittee.
Section 6. As authorized by Ordinance 1193, the City Council imposes a $100
fine on Council Member Marquez. The fine shall be paid to the City Clerk within 30 days
of the date imposed.
Section 7. As authorized by Ordinance 1193,the City Council suspends Council
Member Marquez's City Council salary and stipend for 90 days effective October 1, 2022.
This Resolution shall be effective 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 26th day of September, 2022.
9G
M OR OF THE CITY OF CYPRESS
ATTEST:
CITY CLERK OF T E CITY OF CYPRESS
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 26th day of September, 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
CITY CL RK OF THE CITY OF CY RESS