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nflnewsbyzennie62.com Presents:Did Councilmember Ken Houston Violate The Oakland City Council Code Of Conduct In Personal Attacks?
. A vlog by the YouTube channel named in the video’s upper left corner and serves as the original blog post for this content.Did Councilmember Ken Houston Violate The Oakland City Council Code Of Conduct In Personal Attacks?Oakland (Special To ZennieReport.com) – At the last Oakland City Council Meeting and during the discussion on FLOCK legislation, newish District 7 Oakland City Councilmember Ken Houston decides to “flip the bird” to the public audience in attendance and someone who was taking a photo of him. While the act was pointed out by a member of the public on the call-in-speaker segment of the hearing, the Oakland City Council President Kevin Jenkins did not give Ken any words of warning regarding the consequences of his action or any future actions of that type. Council President Jenkins and the current Oakland City Council members may not know that the City does, indeed, have a code of conduct, and it was passed in 2010.That’s right. On May 2, 2010, and by a vote of six to two, and signed by then Oakland City Clerk (later Oakland Assistant City Administrator) LaTonda Simmons, the Oakland City Council adopted a “Code of Conduct” that reads as follows:Page 1 CODE OF CONDUCT Each member of the City Council has a duty to: Respect and adhere to the American ideals of government, the rule of law, the principles of public administration and high ethical conduct in the performance of public duties. Represent and work for the common good of the City and not for any private interest. Refrain from accepting gifts or favors or promises of future benefits which might compromise or tend to impair independence of judgment or action. Provide fair and equal treatment for all persons and matters coming before the Council. Learn and study the background and purposes of important items of business before voting. Faithfully perform all duties of office. Refrain from disclosing any information received confidentially concerning the business of the City, or received during any closed session of the Council held pursuant to state law. Decline any employment incompatible with public duty. Refrain from abusive conduct, personal charges or verbal attacks upon the character, motives, ethics or morals of other members of the Council, staff or public, or other personal comments not germane to the issues before the Council. Listen courteously and attentively to all public discussions at Council meetings and avoid interrupting other speakers, including other Council members, except as may be permitted by established Rules of Order. Faithfully attend all sessions of the Council unless unable to do so because of disability or some other compelling reason.Page 2 Maintain the highest standard of public conduct by refusing to condone breaches of public trust or improper attempts to influence legislation, and by being willing to censure any member who willfully violates the rules of conduct contained in this Code of Ethics. IN COUNCIL, OAKLAND, CALIFORNIA, MAR 2 2010 PASSED BY THE FOLLOWING VOTE: AYES- Brooks, DE LA FUENTE, KAPLAN, KERNIGHAN, Nadel, QUAN, REID, AND PRESIDENT BRUNNER – 6 NOES- Brooks, Nadel – 2 ABSENT-CHANG – 0 ABSTENTION- 0 ATTEST: Latonda Simmons LATONDA SIMMONS City Clerk and Clerk of the Council of the City of Oakland, California 638626v1 page_number 21 Is “Flipping The Bird” Considered “Abusive Conduct”? The Answer Is No. Here’s Why?There are those who believe Councilmember Houston should be punished in some way because of the obscene gesture. In the City of Oakland Code Of Conduct, Rule 9 reads “Refrain from abusive conduct, personal charges or verbal attacks upon the character, motives, ethics or morals of other members of the Council, staff or public, or other personal comments not germane to the issues before the Council.” Ok, but the fact is that the “Middle Finger Gesture” is not considered abusive conduct, but “free speech”.In March 2019, the Sixth Circuit Court of Appeals said no. The Court ruled that “flipping the bird” at an officer is protected speech and freedom of expression under the First Amendment. In a unanimous decision from the three-judge panel, the court stated that the officer needed to have probable cause to believe the woman had committed a new, second violation before he was justified in pulling her over again.Continued at ZennieReport.com: https://ift.tt/eNZigBu🎙️ New to streaming or looking to level up? Check out StreamYard and get $10 discount! 😍 https://ift.tt/cgbmXDL
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