CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 1 Section Name: {{section.name}} Account Number: 10-1711 File ID: {{item.tracking_number}} TO: City Council
FROM: Prasanna W. Rasiah, City Attorney
PREPARED BY: City Attorney's Office
MEETING DATE: May 10, 2025
SUBJECT: Code of Conduct
RECOMMENDATION:
Provide feedback and direction regarding proposed amendments to the City Council Rules and Procedures to establish an enforcement mechanism for the Code of Conduct.
BACKGROUND:
On February 22, 2025, the City Council held a Blue Sky workshop as the first step in its annual goal-setting process. One of the goals tentatively added was to develop a code of conduct for the City Council with measurable consequences in terms of enforcement. While this priority list has not yet been formally adopted, and applies to Fiscal Year 2025/26 starting on July 1, 2025, staff has nevertheless begun the process of drafting a proposed enforcement mechanism.
DISCUSSION:
As drafted, the City Council Rules and Procedures would modify Chapter 6, Council Member Conduct (“Code of Conduct”).
A section at the end of the chapter would be added to allow for enforcement by the City Council, following a prescribed process. Enforcement would take the form of either a reprimand, which is similar to a warning, or a formal resolution of censure. The Council could also decide to take no action.
The first step encourages informal resolution between a Council member who is allegedly violating the Code of Conduct, and another Council member who is concerned about those actions. Alternatively, the concerned Council member may refer the matter to the Mayor (or Deputy Mayor if the Mayor’s conduct is at issue) for private counseling.
If the offense(s) nevertheless continue, or if warranted due to the serious nature of an initial violation, two Council members may file a complaint in writing with the City Clerk and copying the City Manager and City Attorney. A copy of the complaint is to be promptly provided to the Council. The City Clerk would then place the complaint on the next available City Council agenda for initial consideration. The Council member who is the subject of the complaint may include a written response to be included with the agenda packet and may also verbally respond at the meeting.
At the meeting where the complaint is considered, at least three Council members would decide whether to reprimand the subject Council member, take no action, or schedule the matter for a future hearing to consider a formal resolution of censure. Alternatively, the Council could direct the City Manager or City Attorney to investigate the matter, or to engage a third party to do so, and return to the Council once the investigation is complete. The Council would at that point again need to choose from the same three options, i.e., issue a reprimand, take no action, or schedule a hearing to consider censure. If a hearing is scheduled, then one or two Council members would draft a proposed censure resolution to be included in the agenda packet.
CITY OF SAN MATEO
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At the hearing, the Council member who is the subject of the complaint would have the opportunity to rebut the allegations in the report either themselves or through a representative. The formal rules of evidence would not apply, and the hearing would be informal. At the close of the hearing, the Council will need to determine, with at least three votes, whether to adopt a censure resolution, issue a reprimand, or take no action.
Note that this enforcement mechanism would only apply prospectively. It could not apply retroactively to prior conduct.
Additionally, any action taken by the Council would be final and not subject to appeal or reconsideration.
Once the Council agrees on a framework, it can also be added to the Board and Commission Rules and Procedures, with Council members having the ability to file a complaint for alleged misconduct of board and commission members.
Additionally, the Council could decide to apply this framework to only some and not all City boards and commissions.
Finally, note that the Code of Conduct itself would be modified to require adherence to federal, state and local laws in the performance of the Council members’ public duties, including conflict of interest laws that are already referenced.
The proposed changes are enclosed as Attachment 1.
Other Jurisdictions
On January 14, 2025, the San Mateo County Board of Supervisors adopted a code of conduct. It allows the Board to censure a Board member or take any other action within the Board’s legal authority, in response to a violation of the code.
Other nearby cities have adopted a censure process as well.
For example, the City of Belmont maintains a code of ethics and process that is similar to what is being proposed here, although there are some differences such as additional enforcement options and application to boards and commissions, which again this Council may wish to adopt. Additionally, the City of Sunnyvale has a code of ethics and conduct that includes procedures similar to Belmont. The City of Millbrae has adopted a process wherein complaints are directed to the Mayor, and if not addressed there, are brought before the full council. Options include reprimand, censure, loss of committee assignments, or a loss of place in the rotation for mayor.
Other jurisdictions such as Palo Alto, Los Altos, Los Gatos, and San Carlos have procedures to censure Council members, with some more elaborate than others. Some contemplate filing a complaint with the Mayor or Vice Mayor, while others establish an ad hoc committee to consider the complaint. Substantively, some cities allow for additional enforcement options such as a loss of committee assignments or travel restrictions.
BUDGET IMPACT:
There is no budget impact associated with this study session.
ENVIRONMENTAL DETERMINATION:
This study session is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)
NOTICE PROVIDED
All noticing requirements were met.
ATTACHMENTS
Att 1 – Proposed Code of Conduct revisions
STAFF CONTACT
Prasanna W. Rasiah, City Attorney
[email protected]
(650) 522-7020