CITY OF SAN MATEO
CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 37 Section Name: {{section.name}} Account Number: 10-1511 File ID: {{item.tracking_number}} TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: June 16, 2025
SUBJECT:
City Council and Boards and Commission Rules and Procedures – Update RECOMMENDATION:
Approve the proposed amendments to the Rules and Procedures for both the City Council and Boards and Commissions to reflect the direction provided by City Council, primarily regarding the Chapter on conduct of Council Members and Commissioners.
BACKGROUND:
At an offsite, facilitator-led workshop on May 10, 2025, held at the San Mateo Senior Center, the City Council received a staff presentation, heard public comment, and directed staff to develop a formal enforcement mechanism for the City Council and Boards and Commissions Code of Conduct.
This direction builds on an initial discussion held during the February 22, 2025, Blue Sky Workshop and reflects the Council’s continued commitment to fostering values of respect, integrity, and transparency city governance. The proposed amendments are outlined in Attachments 1 and 3 (City Council and Boards and Commissions).
Below is a summary of the proposed City Council Code of Conduct enforcement process:
-Informal Resolution: Where Council members are allegedly not following the rules set forth within the Code of Conduct, any concerned Council member is encouraged to resolve concerns on an informal basis, either through direct conversations or through private counseling by the Mayor (or Deputy Mayor, if the Mayor’s conduct is at issue).
-Filing a Complaint: If the alleged offense(s) persist, or are serious in nature, two Council members may jointly submit a complaint to the City Clerk, with a copy to the City Manager and City Attorney, which will be agendized for initial Council consideration. The Council Member who is the subject of the complaint may include a response for inclusion within the agenda packet and/or verbally address the complaint at the Council meeting. -Initial Council Review: At this initial council review, upon hearing the complaint, the Council may: (1) choose to take no action; (2) issue a reprimand, requiring additional ethics training be completed; (3) schedule the matter for a future hearing to consider a formal resolution of censure; or (4) Direct the City Manager or City Attorney to investigate the matter directly or through a third party, and bring back the results to the City Council following the investigation.
-Censure Hearing: If a Council majority directs the scheduling of a hearing to consider a formal action of censure, it should appoint one or two Council Members to draft the proposed censure resolution. The Council Member who is the subject of the complaint will have an opportunity to rebut allegations. However, the formal rules of evidence shall not apply, and the hearing shall be generally informal. -Final Action: Following the censure hearing, the Council may decide to: (1) take no action; 2) issue a reprimand,
CITY OF SAN MATEO
requiring additional ethics training be completed; (3) adopt a formal resolution of censure, potentially including penalties including revoking committee assignments, revoking seniority in the mayoral rotation, and restriction of expenses, including travel. All decisions are final and not subject to appeal or reconsideration.
The enforcement process proposed for Boards and Commissions mirrors the steps outlined above for City Council, including informal resolution, complaint submission, Council review, and potential formal action. However, a key distinction is that all complaints involving Commissioners are initiated and addressed by the City Council, rather than the applicable Commission body. Specifically, Council Members are responsible for identifying and pursuing informal or formal resolution of any alleged misconduct by Commissioners. The Council retains full authority over the review, investigation, and determination of appropriate action in these matters. These proposed revisions are intended to apply only to future conduct and cannot be used to address actions that occurred before their adoption.
Related Amendments:
During the May 10, 2025, Special Meeting, Council provided staff with direction to make additional amendments related to the Code of Conduct for City Council and Boards and Commissions, these are summarized as follows. Referenced sections are from the City Council Code of Conduct, and the citation may differ for the Boards and Commissions document.
1.Chapter 6 - Section 1:
Council Members are committed to governing for all, striving to avoid any appearance of impropriety, and running our meetings with civility, decorum, and respect. With that spirit, San Mateo Council Members shall: …
2.Chapter 6 – Section 1(M):
Speak for the City only when specifically authorized (see Chapter 10, Communication, sections regarding “Speaking for the City” and “Speaking as an Individual”).
3.Chapter 6 – Section 1(P):
Adhere to all federal, state, and local laws in the performance of their public duties, including conflict-of-interest laws.
4.Chapter 6 – Section 1(Q): (this is already part of the Code of Conduct for Board and Commissions) Pay close attention to the meeting and limit the use of electronic devices while on the dais, except as necessary to access agenda materials or respond to urgent personal matters.
5.Chapter 6 – Section 1(R):
When acting in a quasi-judicial capacity: keep an open mind, do not rush to pre-judge any matter, and be fair and neutral towards all concerned parties. This applies to statements that are verbal and written, including those posted on social media. At the beginning of the hearing, disclose any ex parte communications (oral or written communications from one party outside of the hearing) and describe the nature and substance of the communication.
Ethics Training for All Commissioners:
At the direction of the City Council, all members of City Boards and Commissions will be required to take ethics training at least once every two years, beginning with a training in 2025. Thus, members will have more than six months to complete their first training. Training designed for Assembly Bill 1234 (AB 1234) will meet this requirement. The City Clerk’s office will make training materials available online to Board and Commission members.
1.Chapter 6 – Section 4:
Commissioners shall complete ethics training at least once every two years, beginning with calendar year 2025.
BUDGET IMPACT:
CITY OF SAN MATEO
There is no budgetary impact associated with this administrative action.
ENVIRONMENTAL DETERMINATION:
This item 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 meeting noticing requirements were met.
ATTACHMENTS
Att 1 – City Council Rules & Procedures – Tracked Changes Att 2 – Boards and Commissions Rules & Procedures – Tracked Changes Att 3 – City Council Rules & Procedures – Clean
Att 4 – Boards and Commissions Rules & Procedures – Clean
STAFF CONTACT
Martin McTaggart, City Clerk
[email protected]
(650) 522-7044
Prasanna Rasiah, City Attorney
[email protected]
(650) 522-7022