ATTACHMENT B
1 Elk Grove Oakland Milpitas Los Angeles Stockton
Initiation
In writing by two
councilmembers
To Clerk
In writing or by
motion during a
council meeting
To the Rules and
Legislation
Committee
In writing by one
member
To Clerk
In writing by
one member
To Clerk
In writing by two
members
To Clerk
Offense
Need specific
charges
Need specific
charges
Member must
provide a draft
censure resolution to
Clerk 48 hours prior
to Rules and
Legislation
committee meetin
g
Need specific charges
Need specific charges
Need specific charges
Initial
Process
Clerk notification
within 10 days
Clerk agendizes no
later than 90 days
of the request
(regular or special
meeting)
Council by majority
decides:
Committee decides:
-Schedule for public
hearing
-Refer to City
Administrator (City
Manager equivalent)
for further
investigation
-Don’t move
forward with hearin
g
Clerk forwards to City
Attorney
-City Attorney appoints
Ad Hoc to conduct
preliminary review
-Accused may address
committee
-Neither filer or
accused may be on the
Ad Hoc
Five (5) member Ad-hoc
Council Committee
selected by presiding
officer
***Excludes complaint
filer and subject of
complaint
Clerk notification
Committee hears testimony
from requestin
g member
Clerk notifies ASAP
but no less than 72
hours before Ad Hoc
meets
Clerk Agendizes
Council has option to
stop process by
unanimous vote of
uninvolved members
ATTACHMENT B
2 Take no action.
Terminate
censure process
Approve issuance
of censure
Direct further
investigation by
2- member Ad
Hoc; only subject
of complaint is
excluded from
participating;
must be complete
within 90 days
Continue the
matter to future
meeting
Ad Hoc decides:
1. Further
investigation
2. Forward to Council
for censure hearing
3. No action
Investigation = Ad Hoc
+ recommendation to
Council
No further action=
report to Council
Failure to report within
30 days = to Council
for decision on whether
to hold censure hearing
and subject member and
reports to Council:
1. Further investigation
2. Censure hearing
3. No further action
Investigation = Ad Hoc
Hearing = move to Council
No further action = report
to Council
Failure to report within 30
days = to Council for
decision on whether to
hold censure hearing
If no unanimous vote,
Ad Hoc is formed
(policy dictates the
makeup)
Investigation = Ad Hoc
***Ad Hoc supported
by admin staff
Hearing = move to
Council
No further action =
report to Council unless
Council majority
directs otherwise
during council
comments
***3 remaining rules
are related to timing,
due process, and
findin
gs
Council
Holds hearing with
testimony, evidence
from Ad Hoc, and
Subject of the
Complaint
Complaint filer must
draft and submit
staff report and
resolution to clerk
At the Council
public hearing,
sub
ject member may
Ad Hoc fails to report
timely = council
decides whether to hold
censure hearing
Ad Hoc reports timely
and recommends a
Ad Hoc fails to report
timely = council decides
whether to hold censure
hearing, member may be
represented
Ad Hoc reports timely and
recommends a censure
Holds hearing with
testimony, evidence
from Ad Hoc, and
Subject of the
Complaint and decides:
ATTACHMENT B
3 Take no action
Decline
censure
Approve
issuance
Continue the
matter
rebut allegations and
question known
accusers if they
agree to questioning
censure hearing=
hearing scheduled
Censure hearing is
scheduled no sooner
than 2 weeks later;
council hears
testimony/evidence and
decides; accused may
be represented
hearing= hearing scheduled
no sooner than 2 weeks
later; council hears
testimony/evidence and
decides; accused may be
represented
Take no action
Decline censure
Approve issuance
Continue the
matter
Notes
Reserves rights to
pursue other
remedies
No appeal
Exclusion of the
subject of the
complaint from
voting
May not be imposed
for exercise of free
speech
Can’t impose while
criminal charges are
pending
Requires negligent,
willful, or
intentional action
Requires 5 votes and
findings
Allows accused to
submit documents to
the clerk for the
hearing agenda
packet
Council may
implement lesser
punishment, like
Admonition, Direction
to Correct, or Informal
Reprimand.
Censure resolution may
include imposition of
sanctions like removal
from committee and
restrictions on city-
related travel
privileges, etc.
Includes a process for
specifying Ad Hoc
members
Includes mitigation
language regarding
occasional errors in
judgment, good faith,
and intent
Allows Council to
override Ad Hoc
decision