Resolution No. 2024- 11- 19- 1218
STOCKTON CITY COUNCIL
RESOLUTION ADOPTING REVISED CITY COUNCIL POLICY CHAPTER 4. 08,
RELATING TO CENSURE
Chapter 4. 08 of the Council Policy Manual addresses Council Censure; and In December 2023, the Legislation/ Environmental Committee reviewed and discussed revisions to the entire council policy manual. Staff was directed to revise Section 4.06. 010( 2) regarding the use of electronic devices; and On August 28, 2024, the Committee was presented with information regarding the Council Censure Policy in Chapter 4. 08 and following review and discussion, the Committee directed staff to make the following changes:
A notification period of 10 - days.
Ad Hoc makeup at the Mayor' s discretion.
Add a reservation of rights clause.
Revise the Policy section to a Purpose section with a broader statement of intent.
Add a willful, negligent, intentional requirement and remove good faith exception On October 23, 2024, these changes were presented to the Council Legislation and Environmental Committee and a recommendation was forwarded to Council; and Those changes are presented for Council consideration and approval, now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The City Council approves the revisions to City Council Policy 4.08, entitled Council Censure" attached hereto as Exhibit 1 and incorporated by this reference. 1I
II
Ir
II
II
II
II
II
II
II
II
Attachment B
2. The City Manager is hereby authorized to take appropriate and necessary actions to carry out the purpose and intent of this Resolution.
PASSED, APPROVED and ADOPTED: November 19, 2024
ATTEST:
KATHERINE ROL
City Clerk of the Ci
ND, CMC, CPMC
y of Stockton
Attachment B
CHAPTER 4. 08
COUNCIL CENSURE
4. 08. 010. Purpose.
EXHIBIT 1
The residentsof Stockton areentitled to responsible, fair, honest, and ethical City government. It is thePolicy of theStocktonCity Councilthat all its membersshallabideby federalandstatelaw, the City Charter, City legislation, andCity Council policies. Violation of suchlaws or policies can subjectthe City to liability, affect the City' sbudget, resources, plans andtimelines, injure the good nameof theCity, andunderminethe effectivenessof theCity Council asawhole. Suchconductis deemed to be subject to City Council Censure.
The purposeof this Policy andProcedurefor Censureof City Councilmembersis to establisha processfor City Councilmembersto seeka censuredetermination asto anotherCity Councilmember. For purposesof this Policy, the term " Councilmember" includes eachindividual Councilmember, the Vice - Mayor, andthe Mayor of the City.
Censureis a formal resolutionof the City Council officially reprimandingoneof its membersfor negligently, intentionally, or willfully violating a law, regulation, City policy, or the City Codeof Ethics, while serving asa City of Stockton Councilmember. A censureshall be consideredan expressionof disapproval by the City Council but carriesno additional penalty or fine imposedby the City Council.
In lieu of or in addition to censure, the City Council shall retain the right to refer any matter or alleged misconduct to an appropriate regulatory or enforcement agency and/or to take any other action otherwiseauthorized bypolicy or law.
4. 08. 020. Procedures.
1) Any two City Councilmembers mayinitiate a censureprocessbyjointly submitting acensure requestto the City Clerk. The censurerequest shall be in writing, specify the name of the Councilmember sought to be censured, and specify the alleged misconduct for which censure is sought.
2) Within ten ( 10) days of receipt of the censure request, the City Clerk shall notify the Councilmember who is the subjectof the requestedcensure, andthe City Clerk shall provide that Councilmember with a copy of the written censure request. 3) The City Clerk shall thereafterplace the censurerequeston the next regular City Council agendafor initial considerationof the censurerequestby the City Council at a City Council meetingoccurringno later thansixty (60) daysafterreceiptof thecensurerequest. The initial consideration of the censuremay beheard at either a regular or specialCity Council meeting. 4) At that meeting, the Councilmembers who did not submit the complaint and the Councilmember who is not the subjectof the complaint, may by unanimousvote, direct that the censurehearing not move forward. Absent this unanimousvote, the censurehearing shall move forward.
5) If a censure hearing moves forward, the next step is the creation of a Council Ad Hoc committee. The Mayor shall appoint a Council Ad Hoc committee to review the complaint as set forth in subsection 6 below. Councilmembers who made the complaint and the accused Attachment B
EXHIBIT 1
councilmember shall not serve on the ad hoc committee. If the Mayor filed or is the subject of the complaint, the Vice Mayor shall appoint a Council Ad Hoc Committee to review the complaint. If both the Mayor and Vice Mayor are unable to make the Ad Hoc Appointment, the Councilmemberwith the longest tenurewho is not involved in the filing of the complaint and is not the subjectof the complaint, may appointa Council Ad Hoc Committee toreview the complaint.
6) The Ad Hoc committee may interview witnessesand review documentsrelevant to the censurerequest. The Ad Hoc committeemay seekthe reasonableassistanceof City staff, including the City Clerk, City Manager, andCity Attorney, andmay contractwith consultants and/ or investigators to assist the ad hoc committee in its investigation, provided that such contracts are subjectto approval of the City Manager and City Attorney, and theamount of the contract shall not exceedthe contracting authority of the City Manager without City Council approval.
7) The Ad Hoc committeeshall endeavorto complete itsinvestigationwithin ninety (90) days of the establishment of the ad hoc committee, subject to reasonable extensions of time as the specific facts, circumstances, and investigation so warrant. 8) At the end of its investigation, the Ad Hoc committee shall determine whether the facts support/donotsupportacensurehearingandprepareareportandrecommendationtothefull City Council. TheAd Hoc committeereportshallstatethe specificlaw or policy allegedto have been violated, summarize the complaint, evidence, and the results of its investigation. 9) If the ad hoc committee determinesthat the allegations are supportedand a censurehearing is warranted, the committee shall direct the City Clerk to forward its report and recommendationto the entireCity Council andsetthe matterfor a public censurehearing beforethe City Councilat the next available meetingdateconsideringthe due process requirements in Sections 11 and 12.
1 -0) --If the ad-hoccommitteeconcludes -that the allegations -are -not -supported -and -a -censure -hearing— - is notwarranted, theadhoccommitteeshalldirecttheCityClerktoforwardthecommittee's report andrecommendationto the entire City Council andno further actiononthecomplaint will be taken.
11) If apublic hearingis setbeforetheCity Council, thepersonagainstwhomcensureis sought is entitled to due processof law, which requires notice and an opportunity to be heard, including the opportunityto refute evidenceagainsthim/her. The hearingshall takeplace before the Council snakes a final determination.
12) The hearing shallbe far enoughin advanceto give the membersubjectto censureadequate 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. 13) A City Council decisionto censurerequiresthe adoptionof a Resolutionwith appropriate findings. Findings must be based on substantial evidence that the member has engaged in conduct that violates a law, regulation, City policy, or the City Code of Ethics. 14) The issuanceof a resolution of censurerequires a majority vote of the City Council, The accusedCouncilmember shallnot 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.
Attachment B
EXHIBIT 1
4. 08. 030. Responsibilities.
City Clerk: Submittal, notification, agendascheduling, andotherassistanceasdirectedunderthe policy.
Mayor: Appoint a Council Ad Hoc committee to review complaint.
City Councilmembers: Determine whether censureprocessshould proceedconsistentwith the policy. If the censure processmovesforward, any selectedcouncilmembermust serveonthe Ad Hoc committee to review the complaint and make a recommendation.
4.08.040. Relevant authority.
Approved by Resolution.
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
172671 -6= AmenAed byReso ution N 01501- 26- 1203
Attachment B