Shafter City Council Ordinance No. 775
February 3, 2026
WHEREAS, on August 5, 2025, the City Council adopted Ordinance No. 770, titled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SHAFTER ADOPTING
ENFORCEMENT PROCEDURES FOR VIOLATIONS OF COUNCIL GOVERNANCE
NORMS AND PROTOCOLS, CITY ORDINANCES AND CHARTER PROVISIONS AND
STATE AND LOCAL LAWS IN ACCORDANCE WITH THE CHARTER OF THE CITY OF SHAFTER”; and
WHEREAS, in accordance with the City Charter and Ordinance No. 770, the City Council wishes to adopt provisions to guide the conduct of administrative hearings conducted pursuant to the City Charter and Shafter Municipal Code in order to comply with these requirements, comply with due process guaranteed by the United States and California Constitutions and facilitate enforcement of the City Charter, Municipal Code and adopted ordinances and policies.
THE CITY COUNCIL OF THE CITY OF SHAFTER DOES ORDAIN AS
FOLLOWS:
SECTION 1. The City Council of the City of Shafter hereby adopts the Administrative Hearing Procedures attached hereto as Exhibit “A” as a non-codified ordinance of the City Council of the City of Shafter.
SECTION 2. If any section, subsection, sentence, clause, phase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions might subsequently be declared invalid or unconstitutional.
SECTION 3. CEQA Determination. The City Council finds that this ordinance is not subject to the requirements of the California Environmental Quality Act, pursuant to (Guidelines) Section 15060(c)(2) & (3), because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project” as defined in Section 15378. .
SECTION 4. Publication. This ordinance shall be published as provided in Government Code section 36933.
SECTION 5. Effective Date. This Ordinance shall be effective upon the commencement of the thirty-first (31st) day following the adoption date. [SIGNATURES ON FOLLOWING PAGE]
Shafter City Council Ordinance No. 775
February 3, 2026
PASSED, APPROVED AND ADOPTED this 3rd day of February, 2026.
Chad Givens, Mayor Date
Yazmina Pallares, City Clerk Date
APPROVED AS TO FORM:
Marco A. Martinez, City Attorney Date
Shafter City Council Ordinance No. 775
February 3, 2026
EXHIBIT ”A”
A. INTRODUCTION & PURPOSE
Section 4.08(C) of the City Charter describes the circumstances under which a member forfeits their office and provides, that:
“C. … A Council Member shall forfeit that office if the Council Member:
1. Lacks any qualification for the office prescribed by this Charter or by law, at any time during the term of office for which elected.
2. Violates any express provision of this Charter or fails to execute or abide by any mandatory provision hereof.
3. Is convicted of a crime involving moral turpitude.
4. Fails to attend three consecutive regular meetings of the Council without being excused by the Council.
5. Fails to attend 85% (eighty-five percent) of the meetings of the Council during any twelve month period, without having been excused by the Council.
6. Is found guilty of violating any other standards for the conduct of Council Members, as established by ordinance…”
Section 4.08(C) of the City Charter further provides that “[T]he determination of forfeiture under subsections 1, 2, or 6 of … section 4.08.C., shall be made as follows: anyone or more Council Members shall file a written complaint with the City Council alleging a violation of subsection 1, 2, or 6 by a Council Member. For purposes of determining whether a Council Member has violated this Charter pursuant to subsection 2 above or has violated any ordinance establishing standards for the conduct of Council Members pursuant to subsection 6 above, the City shall conduct an administrative hearing. The City shall by ordinance establish procedures for conducting the administrative hearing and qualifications for the appointment of a hearing officer, who shall be a person other than a City officer or Council Member…A Council Member shall be deemed to have forfeited office as of the date the hearing officer issues an order finding that a Council Member has violated this Charter or an ordinance pursuant to subsections 2 or 6 above.” (Emphasis added.)
In order to implement these provisions of the City Charter, on August 5, 2025, the City Council adopted Ordinance No. 770, titled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SHAFTER
ADOPTING ENFORCEMENT PROCEDURES FOR VIOLATIONS OF COUNCIL
GOVERNANCE NORMS AND PROTOCOLS, CITY ORDINANCES AND
CHARTER PROVISIONS AND STATE AND LOCAL LAWS IN ACCORDANCE WITH THE CHARTER OF THE CITY OF SHAFTER”;
Ordinance No. 770 adopted specific enforcement provisions for violations of City Charter Section 4.08(C), including provisions that identify punitive actions to be imposed against
Shafter City Council Ordinance No. 775
February 3, 2026
a member that violates Section 4.08(C) of the City Charter, including but not limited to, informal counseling, letter of warning, public censure and removal/forfeiture of office proceedings.
The purpose of these administrative hearing procedures is to comply with the requirements of the City Charter, City Municipal Code and the inherent due process requirements imposed by the United States and California Constitutions that attach to removal proceedings of persons in public office for violations of applicable local standards, including provisions described in the City Charter. Specifically, these provisions are applicable in situations where a complaint has been filed by a Council Member against another Council Member that seeks their removal from public office pursuant to Section 4.08(C) of the City Charter.
While they are intended to provide appointed hearing officers with sufficient flexibility to adjudicate the submittal of complaints filed against a sitting member, they are also intended to provide a member with all required due process protections required by law.
To that end, and in accordance with the procedures set forth in this Ordinance, a member shall be entitled to all due process protections.
The following guidelines have been set forth so that members and interested individuals have a clear understanding of the procedures related to the administrative hearings.
B. DEFINITIONS
1. Administrative Hearing means an administrative hearing, closed to the public unless, otherwise requested by the Party Accused, for the purpose of ascertaining whether a violation of Section 4.08(C) of the Charter has been sustained by preponderance of the evidence.
2. City Charter means the latest version of the Charter of the City of Shafter.
3. City Council means the City Council of the City of Shafter.
4. Complaining Party means the person who submitted a letter of complaint against a member alleging one or more violations of Section 4.08(C) of the City Charter for which forfeiture of office is requested.
5. Ex parte communication means written or oral communications to the Hearing Officer about a matter pending before the Hearing Officer not included in the public record of the Administrative Hearing and made outside of the Administrative Hearing.
6. Hearing Officer means an individual appointed by the City Council pursuant to Section 4.08(C) of the City Charter. The Hearing Officer includes any person who is employed by the Hearing Officer, or his/her law firm.
7. Hearsay Evidence means testimony or a statement made outside of the hearing, offered to prove the truth of the matter asserted in the testimony or statement,
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February 3, 2026
8. Notice of Complaint means a document prepared by the City Manager or designee that informs the Party Accused that a complaint has been filed, identifies the laws allegedly violated by the Party Accused, the acts or omissions with which the Party Accused is charged, and the penalties that are possible.
9. Party or Parties means the Complaining Party, the Party Accused and any person or witness participating in the hearing.
9. Party Accused or Member means an individual or Party that is alleged to have violated Section 4.08(C) of the City Charter that is the subject of the Notice of Complaint.
10. Preponderance of the Evidence means evidence sufficient to conclude that it is more likely than not that a violation of Section 4.08(C) has been committed and that the Party Accused committed or caused the violation.
12. Statement of Decision means a writing that includes a summary of the evidence presented at the Administrative Hearing, findings of fact and conclusions of the Hearing Officer that support a decision.
C. RULES OF GENERAL APPLICATION
1. JURISDICTION
These hearing procedures apply to proceedings under Section 4.08(C) of the City Charter. Any conflicts between these procedures and the provisions of a City of Shafter ordinance, resolution or policy will be decided consistent with the provisions of the City Charter and this Ordinance.
2. EX PARTE COMMUNICATION
a. No person, nor his or her agent, employee, or representative, who is interested in a matter pending before the Hearing Officer shall communicate ex parte, directly or indirectly, with the Hearing Officer concerning the evidence or merits of a matter. All procedural questions should be directed to the City Attorney of the City of Shafter, unless the City Attorney is also a witness or Party in the proceedings. In which case, the question shall be directed to the Hearing Officer.
b. If a prohibited ex parte communication is made to or by a Hearing Officer, the substance of such communication shall be disclosed – on the record - at the beginning of the hearing, and such communication shall not be relied upon in any decision related to the matter. Moreover, proper discretion shall be exercised by the Hearing Officer on whether to disqualify himself or herself from that particular matter.
3. HEARINGS
a. Proceedings before the Hearing Officer shall be electronically recorded and subsequently transcribed. All costs shall be borne by the City.
Shafter City Council Ordinance No. 775
February 3, 2026
b. The Hearing Officer or City Attorney (on behalf of the Hearing Officer) may issue informal requests to testify or issue subpoenas to compel the attendance of persons and things at a Hearing. The form of such subpoenas may be in accordance with forms adopted by separate Resolution of the City Council.
c. The Party alleging the violation shall present relevant evidence at the Hearing, subject to rebuttal by the Party Accused . Each Party shall have the right to introduce documents, exhibits, call and examine witnesses, cross‐examine opposing witnesses, impeach any witness, and present any relevant evidence to rebut the evidence presented against him or her. The hearing need not be conducted according to technical rules relating to evidence and witnesses.
d. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. However, hearsay evidence may only be used for the purpose of supplementing or explaining other evidence and shall not be sufficient in itself to support a finding unless it would be admissible over objection in a civil or criminal action. The Hearing Officer shall have the right to review any documents and documentary evidence presented, outside of the hearing dates/times. e. All oral testimony shall be given under oath or affirmation to tell the truth. The City Clerk or their deputy shall administer the oath or affirmation. f. If, in the opinion of the Hearing Officer, more information is necessary to make a decision or recommendation, or there is insufficient time scheduled to hear all of the testimony on the matter, a hearing may be continued to another date. If continued to a specific time and place, no further notice of that hearing need be given to the Parties. g. Any Party, may, preferably prior to the hearing, state – in writing - reasonable grounds for a continuance. The Hearing Officer shall have the discretion to grant or deny any request for continuance, including one made orally at the hearing, if based on reasonable grounds.
h. All Parties, including participants, witnesses or observers shall conduct themselves with civility and deal courteously with all involved in the proceedings. Failure to do so will result in removal from the hearing.
i. Although representation by legal counsel is not required at the hearings, all Parties participating in the hearings may be represented at the hearings by legal counsel of their choice.
j. The Hearing Officer may impose reasonable limitations on the number of witnesses heard and the nature and length of the testimony from each witness.
k. Unless otherwise specified, all forms of legal authority, including briefs, reports, staff reports and other legal memoranda upon which a Party will be relying or presenting
Shafter City Council Ordinance No. 775
February 3, 2026
at the hearing, must be submitted to the Hearing Officer at least ten (10) days in advance of the scheduled hearing date.
l. No later than fourteen (14) calendar days before a hearing all Parties shall serve on all other Parties a list of all witnesses and a copy of all exhibits or documents that the Party anticipates offering into evidence at the hearing. A copy of all such lists, exhibits and documents shall also be provided to the Hearing Officer. Failure to do so may result in the witness or the document being excluded from the hearing. m. Hearings may be conducted in-person (at facilities authorized by the City Manager or designee), via telephonic, video or zoom conference, at the discretion of the Hearing Officer.
4. COMPUTATION OF TIME
Computation of any period of time referenced by these procedures shall begin with the first day following the occurrence of the act or event initiating such period of time. When the last day of the time period falls on a Saturday, Sunday or a County holiday, the time period shall be extended to the next following business day.
5. SUPPLEMENTAL PROCEDURES
To the extent needed, the Hearing Officer is hereby authorized to supplement these hearing procedures with procedures contained in the California Administrative Procedures Act to the extent they do not directly conflict with any provision contained herein.
D. PRE-HEARING PROCEDURES
1. PRELIMINARY REVIEW. Upon execution of an agreement to provide Hearing Officer services, the Hearing Officer shall be provided with a copy of the complaint made by the Complaining Party, any supporting documentation included with the complaint, a copy of the Notice of Complaint provided to the Party Accused, a copy of these Administrative Hearing provisions and a copy of the City Charter (“Preliminary Package”).
Upon receipt of the Preliminary Package, the Hearing Officer shall review the information and do one or more of the following:
a. Initiate the Administrative Hearing and/or a preliminary investigation of the complaint.
b. Refer the complaint to another government or law enforcement agency for review.
c. Take no action for one or more of the reasons set forth below:
1. The complaint does not include sufficient facts or information to pursue an investigation or hearing.
2. The evidence, on its face, does not support the allegation.
Shafter City Council Ordinance No. 775
February 3, 2026
3. The complaint contains opinions, rather than specific actionable allegations.
4. The allegations are already under investigation by another government or law enforcement agency.
5. The Hearing Officer has no jurisdiction over the complaint because it does not constitute an allegation of a violation of the type authorized to be investigated pursuant to Section 4.08(C) of the City Charter.
d. Should the Hearing Officer’s review of the Preliminary Package result in no action taken pursuant to this section, the Hearing Officer shall provide a written response detailing the reasons why no action is being taken to the Complaining Party, with copies to the Party Accused and the City Council.
2. COORDINATION & NOTICE. If the Preliminary Package is sufficient to initiate a hearing, the Hearing Officer shall coordinate with the City Manager a reasonable date for the initial hearing and the use of City facilities for such hearing, to the extent facilities are needed. The initial hearing date shall be coordinated with and transmitted to the City Manager and City Attorney.
The Party Accused shall receive a written Notice of Complaint at least thirty (30) days before the initial hearing. The Notice of Complaint shall be provided to the Party Accused by the City Manager and shall be based upon the written complaint received. The Notice of Complaint shall include:
a. Specific Charter provision(s) allegedly violated;
b. The factual allegations that form the basis of the complaint; c. A description of the Hearing Officer’s authority;
d. Potential consequences or recommendations;
e. Initial hearing date, time, and place;
f. The Party Accused’s right to counsel; and
g. The Party Accused’s right to review all evidence, including evidence gathered by the Hearing Officer.
E. PROCEEDINGS BEFORE A HEARING OFFICER
1. Administrative Hearings shall be conducted by a Hearing Officer who will determine whether the Complaining Party making the complaint against a member or Party Accused has proved, by preponderance of the evidence, that (i) the alleged violations are of a type that subject a Party Accused from removal from office; (ii) the alleged violation(s) occurred; and (iii) that the Party Accused committed or caused the violation(s).
2. As part of the conduct of the Hearing, the Hearing Officer is authorized to investigate facts and adjudicate the matter, subject to safeguards required by due process and these procedures:
• The Hearing Officer may gather evidence, interview witnesses, and request documents.
Shafter City Council Ordinance No. 775
February 3, 2026
• The Hearing Officer may not act as an advocate for any Party. • All investigative materials obtained by the Hearing Officer must be disclosed to the Parties prior to the hearing and subject to cross-examination.
To the extent that any relevant evidence exists which may be privileged and/or protected, the Hearing Officer or any Party shall have the right to request waiver of any privileges to allow the evidence to be considered.
3. Order of Proceedings. The Hearing Officer’s conduct of the hearing shall follow the following order of proceedings, to the extent possible:
1. Hearing Officer’s statement of the hearing process, procedures and scope of evidence to be admitted;
2. Resolution of preliminary requests/motions by Parties;
3. Opening statements by Parties;
4. Complaining Party’s case-in-chief;
5. Party Accused cross-examination;
6. Party Accused case-in-chief;
7. Complaining Party cross-examination;
8. Presentation of Hearing Officer-initiated evidence, if any;
9. Cross-examination of Hearing Officer evidence/witnesses by both Parties;
10. Rebuttal of evidence (if required);
11. Closing arguments.
12. Record closed
2. The Hearing Officer shall have the right to impose reasonable time limits on all Parties providing testimony. The Hearing Officer shall determine, based on all the evidence presented at the Hearing, by preponderance of the evidence, whether an alleged violation(s) occurred and whether the Party accused committed or caused the violation(s) within twenty-one (21) days following the conclusion of the hearing to all Parties and to the City Council.
3. The Hearing Officer shall notify all Parties and the City Council of his or her decision in writing through a Statement of Decision. The Hearing Officer’s Statement of Decision shall provide the basis for his/her decision.
4. In the event that the Hearing Officer determines that a violation has occurred, that determination shall be sustained by the City Council in a Resolution explaining the reasons therefore. The Resolution shall be passed by majority vote of all members of the City Council at a duly agendized City Council meeting before the Statement of Decision becomes final. A Party Accused shall have the opportunity to address the entire City Council prior to any such vote on the Resolution. If the City Council sustains the Hearing Officer’s Statement of Decision by majority vote, no other action is necessary and the Party Accused may be deemed to have forfeited their office pursuant to Section 4.08(C) of the City Charter or subject to any other enforcement provision authorized by the City Council.
Shafter City Council Ordinance No. 775
February 3, 2026
5. Notwithstanding the City Council’s adoption of a Resolution adopting the Statement of Decision, the City Council may impose other punitive enforcement actions in lieu of forfeiture/removal, including, but not limited to, censure, warning or other actions described in Ordinance No. 770. Such alternative punitive action shall be described in the Resolution.
6. In the event that the Hearing Officer determines that no violation has occurred, no further proceedings, civil action or referrals shall thereafter be filed or maintained relating to such alleged violation, and nothing further is required, unless a member of the City Council requests review of the matter by the entire City Council. A written request for review of the matter shall be made with the City Clerk within seven (7) calendar days of the receipt of the Hearing Officer’s Statement of Decision. No such request for review may be submitted by a member that submitted the initial complaint (Complaining Party).
If the matter is called up for review and considered by the City Council, a vote to overturn the Hearing Officer’s Statement of Decision shall be adopted by Resolution explaining the reasons why such Statement of Decision is being overturned. A Party Accused shall have the opportunity to address the entire City Council prior to any such vote on the Resolution.
Any such Resolution to overturn the Hearing Officer’s Statement of Decision shall held at a duly agendized City Council and be passed by four-fifths (4/5) vote of the City Council.
7. At the conclusion of the adoption of a Resolution adopted pursuant to Section 4 or 6 above, the Resolution shall be transmitted to the Party Accused and the Complaining Party within ten (10) calendar days of its adoption via certified mail.
MANAGEMENT REPORT
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: January 20, 2026
DEPARTMENT: Lance Lippincott, City Manager
SUBJECT: RE-ALLOCATION OF CITY COUNCIL DISCRETIONARY
FUNDING TO A SINGLE LINE ITEM, AND INSTITUTION OF
MAJORITY APPROVAL FOR EVENTS
RECOMMENDATION
Council find that the action is not defined as a "project" per Section 15378(b)(4) of the CEQA Guidelines; that the City Council approve the item as listed here under the direction of Council at a prior meeting.
BACKGROUND
On December 16, 2025, the City Council reviewed the approval process and allocations for events, after which they provided direction to Staff. That direction is as follows:
• Merge all individual in-kind and direct Councilmember allocations from separate accounts into a single line item; and,
• Change event funding approval process from individual Councilmembers having total authority over their allocation, to majority approval based upon compliant special event permit applications.
This will continue to be tracked as a portion of the Council's budget to provide a clear audit trail.
FISCAL IMPACT
There is no fiscal impact or need for a budget amendemnt, as the proposed allocations remain within the existing budget. All allocations will be treated as a single lump sum with no division for individual Councilmember allocations.
CEQA ANALYSIS
The action is not defined as a "project" per Section 15378(b)(4) of the CEQA Guidelines because the action is approval of a discretionary reallocation of existing budgeted amounts related to community events and therefore, it is the creation of a governmental funding mechanism or other fiscal activity that does not involve any commitment to a
RE-ALLOCATION OF CITY COUNCIL DISCRETIONARY FUNDING TO A SINGLE LINE ITEM,
AND INSTITUTION OF MAJORITY APPROVAL FOR EVENTS
- 2 -
specific project that can result in a potentially significant impact and not subject to CEQA.
APPROVED BY THE CITY ATTORNEY
No
ATTACHMENTS
None