Will Santa Ana City Councilman Hernandez be held accountable for violating the City Charter and mistreating City employees?

Santa Ana City Councilman David Penaloza has sent a letter to the Santa Ana City Attorney’s Office asking them to act on the results of the investigation into sustained and confirmed complaints submitted against Councilmember Johnathan Ryan Hernandez by the previous City Manager and several Parks and Recreation employees.

Penaloza underscored the fact that Councilmember Hernandez has consistently stepped out of his role and interfered with administrative matters and city business, violating the Council-City Manager form of government.

Penaloza noted that Section 408 of the Santa Ana city charter clearly states, “Except for the purpose of inquiry, the City Council and its members shall deal with the administrative branch of the City government solely through the City Manager or their designated deputy, and neither the City Council nor any member thereof shall give orders to any subordinates of the City Manager, either publicly or privately.”

Violating the Santa Ana City Charter is a misdemeanor!

Section 1501 of the SAnta Ana City Charter also states, “The violation of ANY provision of this charter shall be deemed a misdemeanor and be punishable upon conviction in the same manner as provided in the Penal Code of the State of California …”

Penaloza concluded “As elected representatives, we must hold ourselves to a higher standard and hold ourselves accountable. We have a legal and moral obligation to abide by our city charter and all its laws found within. I fear that if we choose to ignore the unfortunate results of this investigation, we will set a dangerous precedent for future years to come.”

Hernandez is running for reelection in the upcoming Nov. 5 General Election in Ward 5. He is opposed by Mario Alvarado, who has not committed any misdeanors or mistreated any city employees.