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CHAPTER EIGHT
ENFORCEMENT
8.1 PURPOSE
The Council Policies and Procedures (“Policy”) establishes guiding principles for appropriate conduct and behavior and sets forth the expectations of Council Members. In order to deter violations of law and serious violations of adopted City policies, the City Council may take formal action against its members for such misconduct. The purpose of this section is to establish a process and procedure that:
a. Allows the public, City Council, and City employees to report Policy violations and other misconduct, and
b. Provides guidelines to evaluate Policy violations and other misconduct and implements appropriate disciplinary action, when necessary.
8.2 PROCEDURES
8.2.1 Reporting of Complaints. The following section outlines the process for reporting Council Member Policy violations or other misconduct. a. Complaints made by members of the public, the City Manager, and City Attorney should be reported to the Mayor. If a complaint involves the Mayor, it should be reported to the Mayor Pro Tem. b. Complaints made by Council Members should be reported to the City Manager or City Attorney to adhere to Brown Act
requirements.
c. Complaints made by City employees should be reported to the City Manager, who will direct them to the Mayor or Mayor Pro Tem.
8.2.2 Evaluation of Complaints Alleging violations. Upon report of a written complaint, the City Manager and City Attorney will join the Mayor or Mayor Pro Tem as an evaluation committee to determine the validity of the complaint and, if appropriate, an initial course of action as discussed below.
If the City Manager or City Attorney is the complainant, the longest serving uninvolved Council Member will replace the City Manager or City Attorney on the evaluation committee.
Within seventy-two (72) hours of receipt of the complaint by the Mayor or Mayor Pro Tem, the Council Member in question shall be notified of the reported complaint by the Mayor or their designee. The notification shall include a copy of the written complaint and supporting documentation, if any, the identity of the complainant, and nature of the complaint.
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8.2.3 Unsupported or Minor Violations. If a majority of the committee agrees that the reported violation is without substance, no further action will be taken. If the reported violation is deemed valid but minor in nature, the Mayor or Mayor Pro Tem shall counsel and, if appropriate, admonish the Council Member privately to resolve the manner. Admonishment is considered to be a reproof or warning directed to a Council Member about a particular type of behavior that violates City policy.
8.2.4 Allegations of Major Violations. If the reported violation is considered to be serious in nature, the matter shall be referred to outside legal counsel selected by the committee for the purpose of conducting an initial interview with the subject Council Member. The outside counsel shall report their initial findings back to the committee.
If the committee then determines that an investigation is warranted, the committee shall direct the outside legal counsel to conduct an investigation.
The investigation process would include but is not limited to, the ascertainment of facts relevant to the complaint through interviews and the examination of any documented materials.
8.2.5 Report of Findings. At the conclusion of the investigation, outside legal counsel shall report back to the committee in writing. The report shall either (1) recommend that the Council Member be exonerated based on a finding that the investigation did not reveal evidence of a serious violation of the Council Policies & Procedures, or (2) recommend disciplinary proceedings based on findings that one or more provisions of the Council Policies & Procedures or other City policies have been violated. In the latter event, the report shall specify the provisions violated along with the facts and evidence supporting each finding.
The Committee shall review the report and its recommendations. If the consensus of the Committee is to accept the report and recommendations, the committee shall implement the recommendations. Where the recommendation is to exonerate, no further action shall be taken. Where the recommendation is to initiate disciplinary proceedings, the matter shall be referred to the Council. Where there is no consensus of the committee regarding the recommendation, the matter shall be referred to the Council.
The subject Council Member shall be notified in writing of the committee’s decision within 72 hours. Where the decision is to refer the matter to the Council, a copy of the full report, including documents relied on by the investigator shall be provided with the notification, and a copy of both shall be provided to the whole Council.
8.2.6 Proceedings. Investigative findings and recommended proceedings and disciplinary action that are brought forward to Council as a result of a significant policy violation shall be considered at a public hearing. The
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public hearing should be set far enough in advance to allow the Council Member in question reasonably sufficient time to prepare a response.
Investigative findings shall be presented to the City Council at a public hearing. The rules of evidence do not apply to the public hearing. It shall not be conducted as an adversarial proceeding.
8.3 DISCIPLINARY ACTION
8.3.1 Considerations in Determining Disciplinary Action. Disciplinary action may be imposed by Council upon Council Members who have violated the Council Policies & Procedures. Disciplinary action or sanctions are considered when a serious violation of City policy has occurred by a Council Member. In determining the type of sanction imposed, the following factors may be considered.
a. Nature of the violation
b. Prior violations by the same individual
c. Other factors which bear upon the seriousness of the violation
8.3.2 Types of Sanctions. At the discretion of the Council, sanctions may be imposed for violating the Council Policies & Procedures or engaging in other misconduct. These actions may be applied individually or in combination. They include, but are not limited to:
a. Public Admonishment. A reproof or warning directed to a Council Member about a particular type of behavior that violates City policy. b. Revocation of Special Privileges. A revocation of a Council Member’s Council Committee assignments, including standing and ad hoc committees, regional boards and commissions, and community-generated board/committee appointments. Other revocations may include temporary suspension of official travel, conference participation, and ceremonial titles.
c. Censure. A formal statement or resolution by the Council officially reprimanding a Council Member.