Did Pismo Beach councilwoman share confidential information? She could be censured tonight
A Pismo Beach City Council member is facing potential censuring after she allegedly shared confidential, closed-session information with an outside party, according to a city report.
The report, which was compiled by Mayor Ed Waage and Mayor Pro Tem Mary Ann Reiss, says Marcia Guthrie divulged information to an applicant about a closed session meeting on Jan. 27 that the council had determined would be shared only by the city attorney.
According to the report, Guthrie “had at least one email exchange or other communications with the applicant’s representative concerning the project.”
“This is a direct violation of the terms of the closed session,” read the report.
Guthrie, who narrowly won re-election in November 2020, has sat on the Pismo Beach City Council since 2016.
The application in question is unclear. The agenda for the closed session meeting on Jan. 27 said only that the council would discuss a threat of litigation. (The agenda had briefly fallen off of the city website but was re-uploaded Tuesday afternoon.)
City manager Jim Lewis declined to comment on the item to The Tribune at the time.
Waage and Reiss also say Guthrie gave direct direction to city staff regarding the project, bypassing the city manager.
“The role of the council is to make policy and the role of the city manager is to carry out that policy,” according to the report. “When an individual council member gives direction, it interferes with the ability of the city manager and staff to carry out the direction of the Council as a whole. “
According to the report, Guthrie’s actions “constitutes a serious transgression of the Code of Ethics and the Municipal Code and could have substantial consequences in the orderly conduct of council business.”
As a result, Waage and Reiss are recommending the council consider censuring Guthrie — essentially issuing a formal reprimand — and removing her from her committee assignments.
They also asked for the council to refrain from contacting staff regarding the project in question until it has come before the council, refrain from giving “any direction to staff whatsoever,” and to not represent the city in any capacity.
Guthrie declined to comment on the issue ahead of Tuesday night’s meeting.
When reached Tuesday morning, Waage said he could not comment on the issue “except to say that under our Code of Ethics, as mayor, I am responsible for enforcing the code.”
Editor’s note: This story has been updated to reflect the Jan. 27 closed session meeting agenda being made available once again on the Pismo Beach city website.
This story was originally published February 16, 2021 at 12:00 PM.
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