Appeal - Pitruzzello - 12-20-2012

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RECEIVED DEC 20 2012 Appeal of Adjudicating Body's. Decision City of Riverside Ethics Complaint Filed Against Councilman Chris MacArth Clerk's Office ur In accordance with City of Riverside Resolution No. 22461 - Code of Ethics and Conduct for Elected Officials, the following shall serve as a formal appeal of the decision of the Adjudicating Body regarding the above referenced ethics complaint, filed on October 26, 2012, and heard on December 13, 2012. It is appellant's contention that the decision of the Adjudicating Body was made in "clear error" as a result of misrepresentations and omissions on the part of the City Manager, the City Attorney and members of their respective staff. During the hearing on December 13, 2012, Councilman MacArthur testified that he notified the City Manager of all three incidents described in appellant's original complaint. Thereafter, the City Manager advised the Adjudicating Body that the Legislative Field Representatives ( "Aides ") where within his control as City Manager and that he investigated all of the complaints when presented to him by Councilman MacArthur. However, the City Manager does not in any way participate in the hiring or dismissing of City Council Aides. In fact, a Human Resources Classification Specification does not even currently exist for this position. Yet, the Adjudicating Body is led to believe that the Aides are not within the control of the Councilperson that selected them - without a job posting ever being issued by the Human Resources Department, but rather are conveniently, for purposes of an ethics complaint against a particular Councilperson, now within the control of the City Manager. Furthermore, concurrent with the filing of the above referenced complaint, appellant filed a complaint with the United States Department of Labor, Occupational Safety and Health Administration Division (OSHA), describing the incident of work place violence involving Councilman MacArthur's Aide, Chuck Condor. Interestingly enough, the City responded to OSHA in a letter dated October 30, 2012, stating that the alleged incident of workplace violence never occurred. If the alleged incident never occurred, why would Councilman MacArthur instruct the City Manager to investigate it? Are we to assume that the City made deliberate misrepresentations to a federal agency to avoid scrutiny? On December 13, 2012 appellant advised OSHA of Councilman MacArthur's admission at the ethics hearing that the incident had indeed occurred. Thereafter, an OSHA representative advised appellant that an independent investigation into the complaint of work place violence was going to be made by OSHA. In light of the misrepresentations and omissions made by the City Manager, City Attorney and their respective staff, to the Adjudicating Body, and the Adjudicating Body's inability to make an educated decision without accurate information, appellant respectfully requests that the City Council set aside the decision of the Adjudicating Body and permit this matter to be re -heard following the conclusion of