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Home My WebLink About2015-68 - Disassociating Itself from Comments Made by Council member Scott Peotter, that were Critical of Same-Sex Marriage, in a Manner which Appeared to be the Official Position of the City of Newport Beach Based, in Part, on Council Member Scott Peotte RESOLUTION NO. 2015-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DISASSOCIATING ITSELF FROM COMMENTS MADE BY COUNCIL MEMBER SCOTT PEOTTER, THAT WERE CRITICAL OF SAME-SEX MARRIAGE, IN A MANNER WHICH APPEARED TO BE THE OFFICIAL POSITION OF THE CITY OF NEWPORT BEACH BASED, IN PART, ON COUNCIL MEMBER SCOTT PEOTTER'S USE OF THE CITY SEAL WHEREAS, on November 4, 2014, Council Member Scott Peotter was duly elected to the Newport Beach City Council and was seated as a member of the City Council, after taking the oath of office, during a ceremony conducted on December 9, 2014; WHEREAS, in taking the oath of office, Council Member Scott Peotter, like every member of the City Council, swore to uphold the Constitution of the United States and the Constitution of the State of California; WHEREAS, on July 6, 2015, Council Member Scott Peotter sent an email newsletter which was critical of the United States Supreme Court's recent decision holding the United States Constitution guaranteed a right to same-sex marriage ("email"); WHEREAS, Municipal Code section 1.16.050 prohibits the use of the official seal of the City of Newport Beach ("City") for malicious purposes and limits the use of the seal to official City purposes; WHEREAS, the email contained a picture of the official seal of the City and referenced that Council Member Scott Peotter was a City Council Member giving the appearance that the email was an official communication from the City; WHEREAS, in response to the email, City staff and other Council Members received inquiries from members of the public as well as local, regional, national and international print and broadcast media asking whether the City's official position on same-sex marriage was reflected in the email; WHEREAS, to address the concerns raised by the public, media and citizens of the City, on July 14, 2015, the City Council held a Special Meeting of the City Council ("Special Meeting") to consider adoption of a Resolution re-affirming the City Council's support for a diverse and inclusive community, and a Council Policy relating to Council Members' expression of the official position or policy of the City; WHEREAS, at the Special Meeting, the City Council received testimony from the public including, but not limited to, citizens of the City as well as members( representatives of the Lesbian, Gay, Bisexual, and Transgender ("LGBT") community who testified that the email caused them confusion as to whether the comments made in the email reflected the official position of the City or if the comments were Council Member Scott Peotter's personal views; Resolution No. 2015-68 Page 2 of 3 WHEREAS, at the conclusion of the Special Meeting, the City Council adopted Resolution No. 2015-63 Relating to City Council Members' Expression of an Official City Position or Policy and Affirming the City of Newport Beach's Support for Diversity, Equality and Inclusiveness; WHEREAS, the City Council recognizes that Council Member Scott Peotter has a right under the First Amendment to the United States Constitution to express his personal opinions; however, his use of a picture of the official seal of the City and identification of himself as a City Councilman confused the public, media and members/representatives of the LGBT community, bringing embarrassment to the City; and WHEREAS, Councilmember Scott Peotter's comments made under color of authority by using the official seal of the City, may be construed as creating a "hostile work place" at the City for people of LGBT sexual orientations or in same-sex marriages, potentially creating additional employer liability and financial exposure to taxpayers due to his comments. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach as follows: Section 1: FINDINGS The City Council hereby finds as follows: A. Council Member Scott Peotter's use of a picture of the official seal of the City and his reference to his status as a Council Member in an email newsletter that was critical of the United States Supreme Court's decision holding that the United States Constitution guaranteed a right to same-sex marriage violated the spirit of the law governing the use of the official seal. B. Council Member Scott Peotter's use of the official seal of the City and reference to himself as a Councilman in an email newsletter has created confusion as to the official policy of the City and has caused embarrassment to the City on a local, national and international level, potentially impacting tourism and commerce in the City. C. Council Member Scott Peotter's comments could be viewed as demonstrating a bias against LGBT and those in a same-sex marriage and may be construed as creating a hostile work environment at the City for LGBT employees and those in a same-sex marriage. D. The Members of this City Council are obligated by law to perform their duties consistent with the Federal and State Constitution and statutes and are committed to abide by their oath of office in the performance of all official duties. Resolution No. 2015-68 Page 3 of 3 E. The Members of this City Council and this community must have confidence that all Members will consistently perform their official duties without regard to the faith, race, creed, nationality, gender, age, disability, religion, ethnicity, marital status or sexual orientation of any person, as required by the Federal and State Constitution as well as Federal and State statutes. Section 2: ACTIONS Based on the findings contained in Section 1, the City Council takes the following actions: The City Council hereby disassociates itself from Council Member Scott Peotter's remarks regarding same-sex marriage to the extent those remarks evidence any intent or desire by Council Member Scott Peotter to take into consideration the marital status or sexual orientation of any person in the performance of his official duties and/or evidence an intolerance or prejudice against persons based on sexual orientation or marital status. Section 3: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3 because the activity is not a project as defined in Section 15378 and has no potential for resulting in physical change to the environment, directly or indirectly. Section 4: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 11th day of August, 2015. ✓? R ; Edward . Selich `` Mayor ATTEST: avf Leilani Brown City Clerk PO C Lf FORS STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani 1. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2015-68 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 11t"day of August, 2015, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Petros, Council Member Curry, Mayor Pro Tem Dixon, Mayor Selich NAYS: Council Member Peotter, Council Member Duffield, Council Member Muldoon IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 12`"day of August, 2015, oco, ft� I d" City Clerk Newport Beach, California (Seal) a,t �tO