Solvang Mayor David Brown listens during Monday’s City Council discussion on proposed ethics code changes, with Councilman Louis Smith seated at center and Councilwoman Elizabeth Orona at right. Council members asked city staff to return with revised language involving financial disclosures and a possible censure process for future violations.
Solvang Mayor David Brown listens during Monday’s City Council discussion on proposed ethics code changes, with Councilman Louis Smith seated at center and Councilwoman Elizabeth Orona at right. Council members asked city staff to return with revised language involving financial disclosures and a possible censure process for future violations. Credit: Courtesy photo

The Solvang City Council on Monday continued working through the fallout from Mayor David Brown’s private tourism app venture as members weighed possible policy changes tied to the controversy.

The discussion centered on issues that have arisen since the app was brought to public attention in March, including how council members should handle potential conflicts of interest that emerge during their terms and what options the city has to protect its marketing materials from unauthorized use.

While no formal changes were approved Monday, council members asked the city attorney to narrow the scope of proposed financial disclosure language in the city’s ethics code and draft new language for a possible censure process tied to future violations. They also asked for more information about potential protections for certain city photos, videos and the iconic windmill logo.

Brown addressed the app during the council discussion. He said he had consulted with the city attorney and “stayed within the guard rails” given to him.

Brown said he was “quite confident” there had not been a conflict of interest, but he acknowledged concerns about how the venture was perceived.

“I can’t help the perception,” he said, “and for that I’ll apologize.”

Brown also said he was “pivoting that particular business,” though he did not elaborate. He asked council members to keep the discussion focused on the ethics code rather than his app.

City Attorney Chelsea O’Sullivan said Solvang’s current ethics code is largely self-enforcing and described it as an aspirational document meant to reflect shared standards rather than a punitive tool. She also said the code does not currently include a sanction or enforcement mechanism for violations.

That approach drew pushback from Councilwoman Elizabeth Orona, who said she did “not agree necessarily with self-policing ethics.”

“When we sign that, it’s like taking an oath to yourself,” she said.

Her push for a formal mechanism drew mixed reactions from the rest of the council.

Councilman Mark Infanti agreed with establishing a way to formally call out unacceptable conduct.

Solvang Mayor David Brown’s seat sits empty Monday during a City Council discussion about potential protections for city intellectual property. Brown recused himself from the discussion, citing prior recusals on the topic and the fact that he owns a trademark.
Solvang Mayor David Brown’s seat sits empty Monday during a City Council discussion about potential protections for city intellectual property. Brown recused himself from the discussion, citing prior recusals on the topic and the fact that he owns a trademark. Credit: Courtesy photo

“I like the idea of being able to say something about it,” Infanti said. “I’m not sure how much we can do about it necessarily, but at least state it and maybe even make it public.”

O’Sullivan said one possible alternative to the city’s current self-enforcing approach would be adding censure language to the ethics code. She described censure as “essentially a slap on the wrist,” but said its public nature gives it value.

Councilwoman Claudia Orona said she understood the desire to put “more teeth” in the ethics code but warned that a formal enforcement process could be problematic.

O’Sullivan clarified that any censure provision would have to be tied to a violation of the ethics code, not simply conduct that other council members disliked.

Beyond the censure debate, council members discussed whether the ethics code should require more disclosure when new financial interests arise during a member’s term.

Councilwoman Louise Smith said she felt “blindsided” learning about the Solvang Passport app in March and said council members should be able to discuss ethical concerns when a new venture falls outside a member’s usual work.

City Manager Randy Murphy said he and O’Sullivan knew about the app beforehand but reviewed it through the narrower lens of state conflict-of-interest rules rather than how the council or public might perceive it. He said there was nothing in the city’s code at the time requiring staff to alert council members or give them an opportunity to weigh in.

Murphy said the proposed ethics code disclosure language was intended to address that “surprise issue.”

Solvang businessman Robby Hargreaves speaks during public comment at the City Council meeting Monday. Hargreaves, who first raised concerns about Mayor David Brown’s Solvang Passport app in February, says the issue was not trademarking but a potential ethics and conflict-of-interest problem.
Solvang businessman Robby Hargreaves speaks during public comment at the City Council meeting Monday. Hargreaves, who first raised concerns about Mayor David Brown’s Solvang Passport app in February, says the issue was not trademarking but a potential ethics and conflict-of-interest problem. Credit: Courtesy photo

Council members ultimately agreed that the proposed language was too broad and asked O’Sullivan to refine it before bringing it back for future consideration.

The app controversy also raised broader questions about how the city should protect its own intellectual property, though Brown recused himself from that discussion, citing “pretty much the same reasons” as before and the fact that he owns a trademark.

His Solvang Passport app previously drew scrutiny for using city-related materials, including a city-owned promotional video, which Brown later removed, and text that Elizabeth Orona previously said was copied from the city’s website.

Council members debated how much time and money the city should spend protecting those assets. They ultimately directed staff to establish them as a first step when unauthorized use of city marketing assets is discovered.

Council members also asked staff to return with more information on potential protections for the city’s digital asset database and to explore whether the city could obtain ownership rights to the windmill logo, which the city currently uses under a license.

During public comment on the proposed ethics code changes, Solvang businessman Robby Hargreaves, who first raised concerns about Solvang Passport during a February meeting, told Brown he did not intend to cause hardship for him or the City Council.

“I look at you as a mentor and I love you,” Hargreaves said, “and part of loving our friends is also when we believe that there’s some wrongdoing.”

Hargreaves said the issue was not trademarking but a potential ethics problem and a conflict of interest.

— Noozhawk staff writer Nick Forselles can be reached at nforselles@noozhawk.com.