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West Covina council adopts new code of conduct after hours of legal debate
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Summary
After extended legal discussion, the City Council adopted Ordinance No. 2357 adding a code of conduct to the municipal code. Mayor Pro Tem and two council members argued for conservative language; the ordinance passed 3–2.
The West Covina City Council voted to adopt Ordinance No. 2357, adding an article on elected‑official conduct to the municipal code after a lengthy debate over wording that city attorneys said was designed to avoid constitutional problems. The measure passed on a 3–2 vote.
Supporters including Councilwoman Diaz and Councilmember Tony Wu said the code gives the council a clearer governance framework and a tool to address repeated complaints about decorum. Mayor (presiding) said the ordinance reflects input from legal counsel and includes severability and “no waiver” language to protect constitutional rights.
Mayor Pro Tem Contos and Councilmember Brian Gutierrez urged changes or removal of specific sections they warned could be construed as creating additional qualifications for office. Contos described a conservative, alternative phrasing that would place the burden on the city to provide a copy of the code to incoming and returning officials rather than require a signed acknowledgement. City Attorney O'Connell explained the proposed language was crafted to avoid creating an oath, declaration or test that could violate Article XX, section 3 of the California Constitution and noted the sections on impeachment and disqualification would have no legal effect until state enabling authority existed.
The debate focused largely on section 2703 (acknowledgment) and two related provisions, 2729 and 2730, tied to impeachment‑style procedures. O'Connell told the council that striking those sections would not disable the rest of the ordinance and that the most conservative approach — placing the onus on the city to provide the code — had been proposed as a compromise.
A roll‑call vote followed. Councilmembers Wu and Diaz and the mayor voted yes; Councilmember Gutierrez and Mayor Pro Tem Contos voted no. The council adopted the ordinance and directed staff to finalize the ordinance language as approved. The council also discussed next steps for enforcement and education, and asked staff to prepare follow‑up materials to be provided to elected and appointed officials.
The ordinance vote was one of several substantive actions at the meeting, which also included approval of a fire department vehicle purchase and formal handling of an independent workplace investigation. The council did not take disciplinary action as part of this ordinance vote; questions about individual conduct were addressed separately in an investigator’s report heard later in the meeting.
