Special City Council Meeting Recap: Oct. 28, 2024

Allegation 1: Whether City Council Member Johnathan Ryan Hernandez directed and/or interfered with City Staff in relation to any of the City's Juneteenth Festival, Chicano Heritage Festival and/or Indigenous Peoples' Day Events.

Sustained.

Allegation 2: Whether City Council Member Johnathan Ryan Hernandez solicited donations for the City's Juneteenth Festival, Chicano Heritage Festival and/or Indigenous Peoples' Day that were not received by the City of Santa Ana.

Not sustained.

Allegation 3: Whether City Council Member Johnathan Ryan Hernandez engaged in conduct toward City staff relating to the City's Juneteenth Festival, Chicano Heritage or Indigenous Peoples' Day Events that could be deemed to violate the City's Charter.

Sustained.

Allegation 4: Whether City Council Member Johnathan Ryan Hernandez engaged in conduct toward City staff relating to the City's Juneteenth Festival, Chicano Heritage Festival or Indigenous Peoples' Day Events that could be deemed to violate the City's Code of Ethics and Conduct.

Sustained.

To recap, Allegation #1 centers on Councilmember Johnathan Ryan Hernandez's accused interference in the planning and execution of city-sponsored events, specifically the Juneteenth Festival, Chicano Heritage Festival, and Indigenous Peoples' Day events, also deemed "the Special Events" by the investigator. The investigation found a "preponderance" of evidence and a history of repeated oversteps that Hernandez engaged in by:

• Attended meetings uninvited: Hernandez attended planning sessions intended only for city staff and community partners, where his attendance was not scheduled or expected, according to the report.
• Directed event decisions: According to the report, he allegedly instructed staff on specific event management details, including who should handle particular responsibilities such as event flyers, adding "it was a decision [Hernandez] made as policy-maker." Additionally, the report dictated Hernandez would "interject in emails sent by the CBO to the City," leading to a compromised relationship between the CBO and the City after plans stalled for the Juneteenth Festival in 2023.
• Contacted vendors directly: Hernandez was supposed to provide a list of potential entertainers but allegedly went beyond this, directly contacting entertainers, obtaining performance quotes, and instructing the city to work with his preferred vendors. For instance, during a planning incident involving the 2024 Chicano Heritage Festival, Hernandez allegedly helped book a band directly, setting rates and performance details independently of city staff. Despite repeated cautions from city staff, Hernandez persisted in these actions according to the report. This created confusion, as vendors and other external parties began thinking Hernandez was the primary decision-maker.

The investigation concluded that these actions represented interference in violation of city procedures and sustained the Allegation #1 that Hernandez allegedly sought to direct and influence the planning and execution of the city’s special events. The Santanero has requested to review to evidences used in the investigation.

To recap, Allegation #2 did not find that Councilmember Johnathan Ryan Hernandez allegedly solicited donations for "the Special Events" by the investigator.

"The Complainant (person who filed the complaint) explained that [redacted] belief of Hernandez' solicitation was based on speculation rather than fact and there was no documentary evidence, either direct or circumstantial, that made it more likely than not that these allegations were true," said the report.

Allegation #3 focused on Councilmember Johnathan Ryan Hernandez's actions towards city staff and whether or not they violated Article IV, Section 408 of the City Charter. According to the investigator, Hernandez allegedly:

• Attended a 2023 Juneteenth Festival planning meeting between a community-based organization (CBO) and the City's Parks and Recreation staff "fifteen minutes" into said meeting

During the meeting aforementioned, the CBO's [redacted] said that a draft flyer was already made and before City staff could review it, Hernandez allegedly:

• "Interjected" and told the City staff members that "the CBO's flyer would be the one used for the event because, in his role as policy maker, the direction he gave as the main proponent of the Juneteenth Festival was that it should be designed, organized and operated by the Black community. Hernandez then asked the City staff members whether they had any Black staff members on their marketing team." This allegedly means that Hernandez gave orders to city staff who don't work for him, which violates section 408.
• A "contemporaneous" email sent by the Complainant (person who filed the complaint) to their supervisor evidences that Hernandez "understood he was in a position of influence and power that made it difficult for staff members to disagree with his direction and he exerted this power in front of the City's partner for the event." The report added Hernandez allegedly refused to "acknowledge his actions by relying on the CBO's alleged concerns with the event and his need to support his constituents."

The investigation concluded that Hernandez' actions represented a violation Article IV, Section 408 and sustained Allegation #3. The Santanero has requested to review to evidences used in the investigation.

Councilmember Johnathan Ryan Hernandez's actions towards city staff and if they violated City's Code of Ethics, aka Allegation #4, was found substantiated by the Investigator. Hernandez allegedly:

• Contacted "City staff on multiple occasions directing they include a specific entertainer for [the Special Events]. Even more, Hernandez would include the specific entertainer in the e-mail which compromised or gave the appearance of compromising objectivity, independence, and honesty."
• "Failed to promote meaningful public involvement in the City's decision-making processes as he directed, and continuously demanded, that the City enter into agreements with the artists of his liking." - Report
• Claimed that "the given entertainer was who the community wanted appeared to be spin, and was not supported by credible evidence."
• "Gave special treatment and consideration to a certain CBO beyond that available to others," as evidenced by "his comments during the April 16, 2024 City Council meeting." - Report
• "Requested Council direct staff to bring a report on the City's Juneteenth Festival where the City commits to hosting the event with this specific CBO taking the lead as the City's partner for the event." - Report

To recap, the Investigator found that Hernandez tried to secure a partnership with a specific community-based organization for future events without following the city’s transparent contracting process, only clarifying during a meeting that his request for a staff report pertained to the 2025-2026 fiscal year, not after the 2024 Juneteenth event. His statements, including that “Black history should be led by the Black community,” were viewed as showing special treatment for the CBO, limiting inclusive public participation and violating the City’s Code of Ethics according to the Investigator.

According to the report, and to summarize the second-to-last paragraph of Allegation 4, Hernandez didn’t follow the set boundaries between his role as a Councilmember and the duties of city staff. Hernandez allegedly held meetings with entertainers and community groups on his own and didn’t update city staff until decisions were already made. When questioned about this by the Investigator, Hernandez allegedly didn’t accept responsibility; instead, he claimed the city’s issues with him were due to racism and an attempt to prevent him from supporting his constituents, something Hernandez alluded to during his comments Tuesday.

The report concluded by saying "when [Hernandez was] confronted with his improper behavior in his interview, Hernandez would not acknowledge the issue but rather explain the City's issue was a result of racism, an attempt to criminalize him and impeded his role of doing whatever was needed to ensure his constituents felt "supported and validated". Hernandez was not merely serving the interests of his constituents but rather attempting to take responsibility, and credit, for the City's special events without the involvement of City staff."