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CHAPTER 4.08
COUNCIL CENSURE
§ 4.08.010. Policy.
§ 4.08.020. Procedures.
1) 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 in the form of censure.
2) Censure is a formal Resolution of City Counsel reprimanding one of its own members for specified conduct, generally a violation of law or of City policy where the violation of policy is considered to be a serious offense.
3) Censure should not follow an occasional error in judgment, which occurs in good faith and is unintentional.
4) Censure carries no fine or suspension of the rights of the member as an elected official but a censure is a punitive action that serves as a punishment for wrongdoing. 1) Any two members of the City Council may submit, in writing to the City Clerk, a complaint and request for a censure hearing concerning an alleged violation of law or serious violation of City policies by another member. The complaint shall provide specific allegations and any supporting evidence of specific conduct alleged to violate existing law or adopted City policies. The City Clerk shall place this matter on an agenda at a regular City Council meeting.
2) At that meeting, the Councilmembers who did not submit the complaint and the Councilmember who is not the subject of the censure complaint may, by unanimous vote, direct the censure hearing not proceed. Otherwise, the Mayor shall appoint a Council ad hoc committee to review the complaint as set forth in subsection 4 below. Councilmembers who made the complaint shall not serve on the ad hoc committee. In even numbered years, the ad hoc committee shall be the Mayor and two Councilmembers from Districts 2, 4, or 6. In odd numbered years, the ad hoc committee shall be the Mayor and two Councilmembers from Districts 1, 3, or 5. If the Mayor is either one of the Councilmembers who submitted the complaint or is the subject of the censure complaint, the Vice-Mayor shall serve on the committee and make the other appointment as provided above. If both the Mayor and the Vice-Mayor have submitted the complaint, the Councilmember with the longest tenure (and who is not the subject of the complaint) shall serve on the committee and make the appointment as provided above. If two or more Councilmembers have the same longest tenure, the Councilmembers shall draw straws as to who will serve on the committee and make the other appointment. The make up of the ad hoc committee as described above is the general rule; depending on which Councilmembers have made the complaint and/or which Councilmember is the subject of the complaint, the make up of the ad hoc committee is flexible.
3) A copy of the complaint and request for censure shall be provided to the accused Councilmember as soon as possible following receipt, but in no event less than 72 hours prior City of Stockton, CA
§ 4.08.010 § 4.08.020
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to the meeting of the ad hoc committee at which the complaint and request for a censure hearing will be considered.
4) The ad hoc committee shall review the allegations of the complaint, conduct whatever investigation into the allegations of the complaint is necessary, and prepare a report and recommendation on the complaint to the full City Council. 5) The ad hoc committee shall be staffed by the administrative support staff as may be necessary to assist in its investigation and report to the Council. 6) Upon completion of its review of the complaint and any investigation, the committee shall determine if, considering all the facts and evidence, there are reasonable grounds to believe or not believe that the alleged violation of law or serious violation of adopted City policy occurred. The ad hoc committee shall make a written report to the Council stating the specific law or policy alleged to have been violated, and summarizing the complaint, evidence, and the results of any additional investigation. The ad hoc committee shall also make a recommendation to the Council that the complaint is supported by sufficient evidence of a violation of law or serious violation of adopted City policy to warrant a censure hearing, or, alternatively, that the complaint is not supported by sufficient evidence of a violation of law or serious violation of adopted City policy to warrant a Council censure hearing. 7) If the ad hoc committee determines that the allegations are supported and a censure hearing is warranted, the committee shall direct the City Clerk to forward its report and recommendation to the entire City Council and set the matter for a public censure hearing before the City Council. If the ad hoc committee concludes that the allegations are not supported and a censure hearing is not warranted, the ad hoc committee shall direct the City Clerk to forward the committee's report and recommendation to the entire City Council and no further action on the complaint will be taken unless a City Council majority directs during Council Communications the matter to be placed on its agenda for further consideration. 8) If a public hearing is set before the City Council, prior to any formal action by the City Council to censure a member, there person against whom censure is sought is entitled to due process of law, which requires notice, an opportunity to be heard, including the opportunity to refute evidence against him/her.
9) The hearing shall be far enough in advance to give the member subject to censure adequate time to review the allegations and evidence against him or her and prepare a defense, but no longer than 30 days from the date of the ad hoc committee's recommendation. 10) At the hearing, the member shall be given an opportunity to be heard. 11) A City Council decision to censure requires the adoption of a Resolution making findings, based on substantial evidence that the member has engaged in conduct that constitutes a violation of law or a serious violation of an adopted City policy. The resolution must be affirmed by at least four affirmative votes of the Council. The accused Councilmember shall not participate in the City Council's deliberations after the public hearing is closed or in any vote by the City Council on the proposed censure.
City of Stockton, CA
§ 4.08.020 § 4.08.030
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§ 4.08.030. Responsibilities.
City Clerk: Place allegations of policy violations on agenda for City Council meeting.
Mayor: Appoint a Council ad hoc committee to review complaint.
City Councilmembers: Determine whether censure hearing should proceed. If selected, serve on ad hoc committee to review complaint.
§ 4.08.040. Relevant authority.
The authority for a City Council to censure one of its own members stems from State law.
Government Code Section 36813 provides for a legislative body to establish rules for the conduct of its proceedings.
§ 4.08.050. Related administrative directive, city policy, city procedure.
None applicable.
§ 4.08.060. Related forms, documents, or links.
None applicable.
§ 4.08.070. Frequently asked questions.
None applicable.
§ 4.08.080. Update history.
12/17/13 - Adopted by Resolution No. 2013-12-17-1213
1/26/16 - Amended by Resolution No. 2016-01-26-1203
City of Stockton, CA
§ 4.08.030 § 4.08.080
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CHAPTER 5.10
MAYOR AND COUNCIL DISCRETIONARY FUNDING
§ 5.10.010. Policy.
1) SCOPE
This policy only applies to discretionary funding allocated by the Mayor and Council to be expended by the Mayor and Council in fiscal years when discretionary funding is explicitly adopted in the annual operating budget.
A) This policy shall apply when City Councilmembers act in their official capacity as members of the Council.
B) This policy shall apply when City Councilmembers are requesting funds from their discretionary spending allocations.
2) PURPOSE
A) The City hereby expressly acknowledges its responsibility to wisely administer limited public resources and to expend them only when there will be a substantial benefit to the City and its residents. To conserve City resources and keep expenses within community standards for public officials, expenditures shall adhere to the rules and guidelines set forth in this policy and shall govern reimbursement to City Councilmembers for actual and necessary expenses incurred in the performance of official duties.
B) Authorized Expenses
Expenses incurred by Councilmembers in connection with sponsorship for activities or events constitute authorized and reimbursable expenses under the following conditions:
i) Has a community benefit.
ii) Cannot be religious or political in nature.
iii) Cannot be a personal benefit.
C) Reimbursement for Mileage
i) Communication or meeting with constituents.
ii) Attend local events that have a community benefit
iii) Attend City-sponsored events.
iv) Events and meetings shall not be political or religious in nature.
D) Membership Reimbursement
i) Has a community benefit.
ii) Cannot be personal benefit.
City of Stockton, CA
§ 5.10.010 § 5.10.010
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§ 5.10.020. Process.
3) COMPLIANCE WITH LAWS
Councilmembers should be aware that some expenditures may be subject to reporting under the Political Reform Act and other laws. In addition, all agency expenditures are public records subject to disclosure under the Public Records Act. 4) POLICY VIOLATIONS
A) Violations of this policy, including falsifying expense reports, may result in any or all of the following:
i) Loss of reimbursement privileges;
ii) A demand for restitution to the City;
iii) Reporting the expense to State and Federal tax authorities as income to the Councilmember;
iv) Civil penalties of up to $1,000.00 per day and three times the value of the resources used;
v) Criminal prosecution of misuse of public resources.
B) Violations of this policy are to be addressed by majority vote of the Mayor and Council in public session.
1) COMPLIANCE WITH CITY PROCESSES
A) Requests to expend funds through this policy will be subject to the guidelines and limitations established through the City's internal financial policies and processes.
B) Requests to expend funds through this policy will be processed administratively in accordance with the City's internal financial policies and processes.
C) Requests to expend funds will be reviewed by the City Attorney's Office and City Manager's Office for compliance with the City's internal financial policies and practices. 2) TIMELINE FOR REQUEST FOR PAYMENT/REIMBURSEMENT
A) Councilmembers must submit their request for payment 30 days prior to the expense being incurred. The request should be accompanied with letter or invoice documenting the event.
B) Councilmember must submit their request for reimbursement for expenses within 30 days incurring the expense. The request must be accompanied by an expense report, receipts, and documentation.
C) The 30-day timelines referenced above are based upon when complete documentation is provided.
D) Staff will communicate with the requesting Mayor or Councilmember if there are City of Stockton, CA
§ 5.10.010 § 5.10.020
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§ 5.10.030. Responsibilities.
Mayor and Councilmembers: Compliance with policy; compliance with requirements of internal policies and processes; provide requests and backup documentation to the City Manager's Office.
City Attorney's Office: Review requests for compliance with City policies and processes.
City Manager's Office: Review requests for compliance with City policies and processes; prepare and forward requests for expenditures to the Administrative Services Department.
Administrative Services Department: Process requests for expenditures forwarded from the City Manager's Office.
§ 5.10.040. Relevant authority.
Approved by Motion.
§ 5.10.050. Related administrative directive, city policy, city procedure.
Administrative Directive – Purchasing – Contracts-25, FIN-30; Council Policy – City Council Travel and Expenses – Title 2, Chapter 2.04; Administrative Directive – Travel and Expense Policy – Title 17, Chapter 17.11; Administrative Directive – Vehicles-Privately Owned on City Business – FIN-10. § 5.10.060. Related forms, documents, or links.
Owner's Operator's Mileage Report:
http://cosintranet/Intranet/forms/files/Monthly_Mileage.pdf Owner's Operator's Mileage Report:
http://cosintranet.ci.stockton.ca.us/Intranet/DailyMileageReimb § 5.10.070. Frequently asked questions.
None applicable.
§ 5.10.080. Update history.
09/27/16 - Adopted by Resolution No. 2016-09-27-1204
10/03/17 - Amended by Resolution No. 2017-10-03-1104
anticipated delays in the 30-day timeline due to unusual volume or technical challenges for City staff to complete the request within the standard timeframe.
City of Stockton, CA
§ 5.10.020 § 5.10.080
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Video Link provided By Stocktonia Article (Padilla’s Party in the Park) https://videopress.com/v/ij63HKO5
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Video Link to August 20, 2024, Council Meeting – Councilmember Padilla’s comments, https://stockton.granicus.com/player/clip/8760?view_id=48&redirect=true Timestamp
start 02:47:15
End 02:56:20
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