To: Board of Supervisors
From: Human Resources
Agenda Section: Time Certain Matter
Vote Requirement: Majority
SUBJECT:
title
1:30 P.M. - Sustained Finding of Violation of the Board of Supervisors Code of Conduct
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RECOMMENDATION(S):
Recommendation
That the Board of Supervisors:
1. Receive, file, and discuss the attached executive summary of sustained findings of violations of the Board of Supervisors Code of Conduct as required; and
2. Consider public censure of 2nd District Supervisor Michelle Bushnell.
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STRATEGIC PLAN:
This action supports the following areas of your Board’s Strategic Plan.
Area of Focus: Core Services/Other
Strategic Plan Category: 9999 - Core Services/Other
DISCUSSION:
At the April 4, 2022, Board of Supervisors meeting, the Humboldt County Board of Supervisors approved amendments to the Humboldt County Board of Supervisors Code of Conduct. The approved amendments to the Code of Conduct included the creation of a Committee (comprised of the County Administrative Officer, Director of Human Resources and County Counsel) to determine if a formal investigation should be initiated based upon a complaint of a violation of the Board of Supervisors Code of Conduct.
On May 6th, 2025 and May 7th, 2025, the Director of Human Resources received two (2) separate complaints alleging violations of the Board of Supervisors Code of Conduct by 2nd District Supervisor Michelle Bushnell. As required by the Board of Supervisors Code of Conduct, the Committee met, reviewed the complaint, and determined by two-thirds vote that an impartial third-party investigation should be conducted. The Director of Human Resources subsequently initiated an investigation through Kramer Workplace Investigations. Attached to this report is an Executive Summary outlining the sustained findings from that investigation.
Per the Board of Supervisors Code of Conduct:
“A sustained violation of this Code of Conduct and Ethics by a Board member will be agendized for open session consideration, which will include notifying the Board member subject to the allegation(s) of the allegation(s) and providing the Board member an opportunity to present information.
Following completion of the investigation process resulting in sustained allegations against a Board member, Board action is limited to public censure, and such action shall require the affirmative vote of at least two-thirds of the Board members present and voting.”
This agenda item serves to meet the requirement outlined above and to initiate the open discussion with the Board of Supervisors.
SOURCE OF FUNDING:
Liability - 3524354
FINANCIAL IMPACT:
Narrative Explanation of Financial Impact:
The Investigation has cost $8,461.50 to date and was paid out of the Liability Fund. It is expected that there will be additional invoices related to this matter; however, they have not yet been received by the county. This investigation will also cause the Liability charges for the Board of Supervisors budget to increase, by how much is unknown at this time.
STAFFING IMPACT:
Narrative Explanation of Staffing Impact:
N/A
OTHER AGENCY INVOLVEMENT:
Kramer Workplace Investigations
ALTERNATIVES TO STAFF RECOMMENDATIONS:
Per the Board of Supervisors Code of Conduct, the action before your board is the only action that can be taken when there is a sustained finding. It would not be inappropriate for the Director of Human Resources, County Administrative Officer and County Counsel to recommend, either for or against, public censure of Supervisor Bushnell, as this authority resides with the Board of Supervisors.
ATTACHMENTS:
1. Executive Summary
PREVIOUS ACTION/REFERRAL:
Meeting of: N/A
File No.: N/A