Ch. 8
61 E. Representation at Ceremonial Functions.
1. City Sponsored Events. The Mayor, or Mayor Pro Tem in his or her absence, shall represent the Council at ceremonial functions organized by the City. The Mayor or Mayor Pro Tem may, at his or her own discretion, ask another Councilmember to represent the Council at that function when neither is available. Staff shall also include any Councilmember who has promoted a project or event in any program or agenda in such a function.
2. Non‐City Sponsored Events. As a general rule, the Mayor, or the Mayor Pro Tem in his or her absence, shall represent the Council at ceremonial functions not organized by the City upon receipt of an invitation from the sponsor of such event. If neither the Mayor nor the Mayor Pro Tem is available to attend a non‐City sponsored event, he or she may designate a replacement. Nothing in this provision is meant to preclude a Councilmember from representing the Council at a ceremonial function where the event organizer has requested that a specific Councilmember attend the function.
F. Appearances before Agencies and Organizations . If a member of the City Council appears before another governmental agency or organization to give a statement on an issue affecting the City, the Councilmember should first indicate the majority position and opinion of the Council. Personal opinions and comments may be expressed only if the Councilmember clarifies that these statements do not represent the position of the City Council.
G. Participation in Community Activities . From time to time, Councilmembers may choose to participate in community activities, committees, events, and task forces.
When a Councilmember participates in these types of activities, the Councilmember is acting as an interested party rather than acting on behalf of the City Council. Acting or participating on behalf of the City Council is limited to those instances when the Council has formally designated the Councilmember as its representative for the matter.
H. Name Badges. The City issues name badges to all City Councilmembers, the City Manager, the City Clerk, Senior Management, department heads, City Planning Commissioners, City advisory committee members, and other City staff as deemed appropriate by the City Council.
Ch. 8
62 1. Official Use Only. It is not permissible for any City Councilmember or any of the personnel listed in Section H, above, to use his or her badge for any purpose except as reasonably necessary for identification when acting in their official capacities.
2. Fraudulent Use Prohibited. It is not permissible for any person to wear, exhibit, or use a badge with the intent of fraudulently impersonating a City official or of fraudulently inducing the belief that the person is a City official at the time the badge is worn, displayed, or used.
I. Business Cards. City Councilmembers will be provided with City Manager approved business cards in increments of 500. No more than one order will be processed within a 12 -month period unless approved in advance by the City Manager. City business cards may not be used for personal or financial gain, for obtaining privileges not otherwise available to a Councilmember, or for soliciting political contributions.
Councilmembers are prohibited from using any other form of non-approved business cards that contain the City logo, the City seal, the City flag, or the City slogan.
J. Mayor Portrait and Council Member Photos . The Mayor Portrait shall be prepared after 1 year as Mayor. Once the portrait has been approved, no changes to the portrait will be made. Council Member Photos will be taken upon entering office.
Each Council Member will provide approval for their sel ected photo. Once approved, updates will only be made upon a new term of office.
IV. CITY COUNCIL SPENDING AND REIMBURSEMENT POLICY
A. Effect of CP-24-07. Except as specified otherwise in this Section, the provisions of the Expense Reimbursement Policy set forth in Council Policy No. CP -24-07, or any amendment(s) to or successor Council Policy adopted in lieu thereof (“CP -24-07”) shall apply to all City Councilmembers. The provisions of Council Policy Nos. CP-935, CP-73-3, CP-12-01 and CP -23-03 to the extent currently in effect, are completely superseded by this Section.
B. Events and Covered Expenses . In furtherance of the City’s goals and strategies set forth in the City’s adopted Strategic Plan (the “Strategic Plan”) and as long as all other requirements of this Section IV are also met, covered expenses (as that term is used in CP -24-07) incurred by City Councilmembers constitute reimbursable Ch. 8
63 expenses when they engage and/or participate in the following activities and/or events (“Events”):
1. Communicate with representatives of regional, state, and national government and their various agencies and entities on City -adopted or authorized policy positions.
2. Attend educational seminars designed to improve Councilmembers’ skill and information levels.
3. Participate in regional, state, and national organizations, e.g., California League of Cities or National League of Cities, whose activities affect the city’s interests.
4. Attend City-sponsored events.
5. Travel out-of-state or internationally for the above purposes.
C. Advance City Council Approval of Expenditures for Events . Prior to making travel, transportation, and/or lodging arrangements for any Event for which a Councilmember wishes to be reimbursed by the City, the Councilmember should seek to have the Event and the expenditure approved except as provided below.
Requests for travel and meeting expense reimbursements or City - paid travel and meetings for any Event(s) will require the advance approval of the City Council at a regularly scheduled Council Meeting under an agendized item requesting such approval.
The foregoing requirement for approval of travel expenses by the City Council shall not apply when: (i) a Councilmember is travelling for educational or training related purposes that are in direct furtherance of their role as a Councilmember, and such expenses do not exceed $1,200.00/year; (ii) the Mayor or Mayor Pro Tem is required to speak or offer testimony in support of a legislation position already approved by the City Council; or (iii) a Councilperson is traveling in connection with his or her required attendance at meetings of legislative bodies of outside agencies to which the Councilmember has been appointed to serve as a City representative or alternate pursuant to Chapter 9, Section IV of this Manual. Notwithstanding this exception, the Councilm ember shall comply with CP -24-07 and particularly the Section requiring pre-approval by the City Manager.
Ch. 8
64 D. Meeting Reporting Requirement . Councilmembers shall provide a brief report on any meeting or event attended at the expense of the City at the next regular meeting of the Council. If multiple Councilmembers attended the same event, a joint report may be made.
E. Additional Spending and Reimbursement Rules.
1. Spending Tracked . The City Manager’s Office will keep an individual spending and reimbursement record for each Councilmember for the period of July 1 to June 30 of each year.
2. Interstate/International Travel. No travel outside the state or the country is permitted without advance approval of the City Council, who shall make such decision at a Council Meeting under an agendized item requesting such approval.
3. Travel Arrangements. Hotel and travel accommodations may be made by City staff or the Councilmember. Councilmembers shall use best efforts to seek the most reasonable, cost -effective manner of travel and/or accommodations, keeping in mind that such travel and/or accommodations are being provided at the expense of the taxpayers.
F. Expense Reports Required . In order to receive expense reimbursements, Councilmembers shall complete and submit to the City Manager’s Office a Travel and Expense Reimbursement Form and Report (“Expense Report”) within a reasonable time after incurring the expense, but in no event, shall it be later than 30 days thereafter. The following rules shall also apply:
1. Each Expense Report shall be accompanied by all receipts documenting each expense with proof of the advance approval obtained from the City Council (or the City Manager, as applicable).
2. The Councilmember shall verify that the expenses for which reimbursement is sought were incurred on behalf of the City in the performance of official duties and otherwise meet the requirements of this Section IV.
3. All documents related to reimbursable expenditures, including, but not Ch. 8
65 limited to, the Expense Report and actual receipts, are public records subject to disclosure under the Public Records Act. Any personal information, e.g., credit card numbers, contained on any receipts may be redacted before publicly releasing such records.
G. City Manager Authority . The City Manager has the authority to determine the reasonableness of an expense and, as such, may disallow it for reimbursement. A request for reimbursement that has been disallowed by the City Manager may be appealed to the City Council who will make its decision at a regularly scheduled City Council Meeting under an agendized item requesting such appeal. The decision of the City Council shall be final.
H. Mileage Reimbursement/Allowance. In consideration of their additional duties and notwithstanding anything herein to the contrary, the Mayor and Mayor Pro Tem may choose to receive a monthly auto allowance, rather than mileage reimbursement, to cover the costs of City -related travel usin g their personal vehicles. The monthly allowance is $300 per month for the Mayor and $200 per month for the Mayor Pro Tem. Should the Mayor and/or Mayor Pro Tem opt to receive the allowance, it shall be paid in lieu of any mileage reimbursement request, ex cept to the extent the mileage reimbursement request is made pursuant to City Council Policy No. CP -24- 07, which allows for reimbursement for mileage in excess of 200 miles for City - related travel. To opt for the auto allowance, the Mayor and/or Mayor Pro Tem shall provide a written request to the City Manager.
V. GUIDELINES AND PROCEDURES FOR CEREMONIAL RECOGNITION ITEMS
A. General. The City of Victorville regularly receives requests from individuals and organizations for various ceremonial recognition items. These items can range from a simple letter or certificate of recognition to a plaque commemorating a special occasion or event.
B. Need for Guidelines. Ceremonial recognition items are presented purely as gestures of high esteem. If provided too freely or for less than honorable purposes, they are apt to lose significance and become meaningless. Therefore, these Guidelines and Procedures for the issuance and presentation of ceremonial recognition items shall be adhered to fully.
C. Jurisdictional Limitations and Description of Ceremonial Recognition Items .
Ch. 8
66 Ceremonial recognition items shall be awarded to businesses, organizations, and individuals located in, providing services in, or residing exclusively in the City of Victorville. All other requests will be denied, and the requesting party shall be referred to the appropriate jurisdiction.
1. Certificates of Recognition in Presentation Folders. Certificates of Recognition in Presentation Folders are conferred to commend and recognize businesses located in the City of Victorville during small -scale ribbon cuttings, groundbreakings, grand openings, and open house events.
2. Letters of Recognition/ Recommendation/Congratulations. Letters of Recognition/ Recommendation /Congratulations are conferred to commend and recognize the following:
(a) Major achievements, such as the Eagle Scout Award and Girl Scout Gold Award.
(b) Milestone events, such as the anniversary of an organization, wedding anniversaries of 50 or more years, or other life milestones, such as significant birthdays.
(c) Recommendations to support local students pursuing college or military applications.
3. Framed Certificates of Recognition. Framed Certificates of Recognition are conferred to commend and recognize the following:
(a) Exceptional contributions or contributions of consequence to the City of Victorville by a community organization, business, or individual; and
(b) Large scale ribbon cuttings, grand openings, anniversaries, and open house events for businesses located in the City of Victorville.
4. Plaques.
(a) Plaques shall be presented only to prominent business and/or organizations that have made a significant contribution to the City Ch. 8
67 of Victorville and its residents.
(b) Plaques may also be prepared for presentation to certain individuals who have acted with distinction in carrying out their duties or who have taken extraordinary actions that further the best interests of the City of Victorville and its residents.
(c) The presentation of plaques will only be made in the City of Victorville where the business/organization/individual can be formally acknowledged.
5. Proclamations. Proclamations are ceremonial documents signed by the Mayor for
(a) public awareness,
(b) charitable fundraising campaigns, and
(c) arts and cultural celebrations.
Proclamations will not be issued to or for any of the following:
(d) Individuals. Proclamations must affect a broad group of people.
(e) Matters of political controversy, ideological or religious beliefs, or individual convictions.
(f) Events or organizations with no direct relationship to the City of Victorville.
(g) Campaigns or events contrary to policies of the City of Victorville.
D. Procedures for Requesting Ceremonial Recognition Items.
1. Each request must be submitted in writing to the City Clerk's office at least seven business days prior to the date the ceremonial recognition item is needed. There are no exceptions to this requirement unless specifically waived by the Mayor and Mayor Pro Tem or when the request is made by the Ch. 8
68 City of Victorville’s Public Information Officer and/or the City Clerk in furtherance of their official duties.
2. Each request must be submitted in writing to the City Clerk, except when the Public Information Officer, in furtherance of his or her official duties, is the requester.
3. Businesses and individuals located in, providing services in, or residing in the City of Victorville may submit requests. Any Councilmember may also request ceremonial recognition items, subject to the criteria set forth herein.
4. Each request must include the following:
(a) The contact person’s first and last names, address, e-mail address, and telephone number.
(b) The name of the individual who will be accepting the presentation if different from the contact person’s name.
(c) A brief summary and/or background information about the event, organization, or individual to be recognized and the reason the recognition is being requested.
(d) The date the item is needed.
(e) The date, time, and location of the event if the ceremonial recognition item is to be presented at an event.
5. The Mayor and Mayor Pro Tem reserve the right to modify any request in order to provide the most appropriate form of recognition.
6. All requests shall be approved or denied by the Mayor and the Mayor Pro Tem. To the extent the Mayor and Mayor Pro Tem are not in agreement then the request will be placed on the next available City Council Agenda for consideration by the City Council. The City Council reserves the right to modify or deny any request.
7. Councilmembers shall uphold the good purpose intended for ceremonial Ch. 8
69 recognition items. Therefore, in keeping with the Councilmembers’ Code of Ethics to be above reproach and avoid the appearance of impropriety, Councilmembers shall not request ceremonial recognition items for any private or personal interest, including pol itics. Furthermore, no Councilmember may request an official recognition for or on behalf of any business, organization, or individual associated with an organization in which the Councilmember serves as an employee, member, or volunteer.
8. Only one official signed copy of any form of recognition will be issued per individual or organization per calendar year.
9. Ceremonial recognition items are not automatically reissued every year. No announcement may be made regarding any recognition item until official confirmation has been received from the Mayor's office.
E. Criteria for Awarding Ceremonial Recognition Items.
1. All ceremonial recognition items shall be consistent with the United States Constitution, the California State Constitution, the Victorville Municipal Code, and the various laws passed pursuant to such instruments.
2. The City Manager and his or her City Clerk shall ascertain whether the prospective recipient is in good standing with the City, has any potential conflicts of interest, and/or is related to any member serving on the City Council or working in the City.
3. If the prospective recipient is in good standing with the City, but another potentially disqualifying circumstance exists with either the requester or the prospective recipient, the information shall be brought to the City Council at the next available Cit y Council meeting to determine whether it is appropriate to provide the ceremonial recognition item.
F. Additional Information Related to Ceremonial Recognition Items.
1. All requests will be submitted to the City Manager and City Clerk at a weekly review meeting for consideration. The Mayor and Mayor Pro Tem shall be informed of all requests, whether deemed consistent or inconsistent with the guidelines in this Chapter. All items consistent with the guidelines in this Ch. 8
70 Chapter will then be reviewed for further consideration by the Mayor and Mayor Pro Tem, who will follow the provisions set forth in this chapter.
2. The Mayor shall sign all ceremonial recognition items. However, when a Councilmember is the Mayor’s designee, when a specific Councilmember is the lone invitee to the event, or when a Councilmember has been requested by a business or organization to be a speaker at the event where a certificate of recognition is to be presented, that Councilmember shall also sign the certificate of recognition.
3. Ceremonial recognition items are bestowed only at a Council meeting or other event where the recognition item is to be presented. The Mayor or his or her designee shall be the presenter. Notwithstanding the forgoing, when an event organizer(s) has invited one Councilmember to an event, that Councilmember shall be the Mayor’s designee.
4. Letters of Recognition/Recommendation/Congratulations may be mailed.
5. Letters of Recommendation must be authored by the recommending Councilmember and approved by the Mayor. City staff will place the letter on City letterhead and print for signature by the Mayor and the respective recommending Councilmember.
Ch. 9
71 CHAPTER 9 ‐ COMMISSIONS, COMMITTEES, AND BOARDS
I. PURPOSE AND GENERAL CONSIDERATIONS
A. Role of City Commissions, Committees, and Boards. Most commissions, committees, and boards established by the City Council are advisory to the City Council. The role of all such commissions, committees, or boards is to make recommendations to the City Council on matters affecting the City of Victorville. Except as otherwise provided in State or local law, commissions and committees have no independent role separate and apart from their role as advisory to the City Council. Commissions, committees, and boards have no authority to appropriate funds or make p olicy except as otherwise approved by the City Council.
B. Nomination and Confirmation. On or before December 31 st of each year, the City Clerk (or such other staff as the Council may designate) shall prepare and provide to the City Council an appointments list of all regular and ongoing commissions, committees, and boards appointed by the Council and the terms of the members of such boards, committees, and commissions that will expire during the next calendar year as required by Government Code Section 54970 et seq., also known as the Maddy Act. T he normal term of each regular committee member shall be four years, more or less, and shall be coterminous with the term of office of the nominating Councilmember. As such, in years when a City Council election takes place, all seats on commissions, committees, and boards for newly elected Councilmembers will be open for nomination and appointment. In years when there is no City Council election, only those seats that are unfilled will be open for nomination and appointment. Such nominations must be confirmed by a majority vote of the full membership of the City Council in order for an appointment to occur. The Presiding Officer may facilitate appointments in accordance with nomination and appointment procedure set forth in Chapter 2, Section II, points 1-7. To the extent a Councilmember’s nominee for a specific commission, committee, or board does not obtain the requisite affirmative votes, such Councilmember will be given the opportunity to nominate up to three (3) other individuals, either at the same meeting or at subsequent meetings. In the event a Councilmember’s subsequent three (3) nominees are not confirmed by a majority vote of the Council, then the City Council shall appoint a commission, committee, or board member using the same procedures set forth herein. Unscheduled vacancies shall be filled in accordance with Government Code Section 54974. Such unscheduled vacancy appointments shall be coterminous with the appointing Councilmember’s term of office.
Ch. 9
72 C. Instruction and Training . The Council shall ensure that all members of City commissions, committees, and boards are properly instructed on their responsibilities, direction, and performance expectations. Such City commissions, committees, and boards shall also be required to follow the applicable provisions of the City Council Policy and Procedure Manual and any amendments or successor resolutions thereto.
D. Planning Commission. Victorville Municipal Code Section 2.12.020 “Terms – Regular Members” specifies that the term of each regular commission member shall be four years, more or less, and shall be coterminous with the term of the office of the nominating Councilmember. The membership, powers, and responsibilities of the Planning Commission are set forth in Chapter 2.12 of the Victorville Municipal Code and various provisions of State Law. In accordance therewith, the Planning Commission has adopted rules for transacting Planning Commission business.
However, the Planning Commission shall follow the applicable provisions of the City Council Policy and Procedure Manual and any amendments or successor resolutions thereto.
E. Conflict of Interest. All members of commissions, committees, and boards shall abide by the provisions of the Political Reform Act, FPPC regulations, and provisions of the common law relating to conflicts of interest.
II. CITY COUNCIL SUBCOMMITTEES
A. Purpose. At times, the City Council forms committees composed solely of a portion of its own membership. These committees, often referred to as subcommittees, are formed to study, investigate, and make recommendations to the full Council regarding specific topics and may be designated as either Standing or Ad Hoc.
1. Standing Subcommittees. These subcommittees have a continuing subject matter jurisdiction or meeting schedules that are fixed by the Council.
Regardless of the number of members, Standing subcommittees are required to comply with the Brown Act.
2. Ad Hoc Subcommittees. These subcommittees have a specific purpose and limited duration, no continuing subject matter jurisdiction, and no meeting schedule fixed by the Council. Ad Hoc Subcommittees composed solely of Ch. 9
73 less than a quorum of the City Council membership (2 members maximum) are generally exempt from the Brown Act and thus are not required to schedule regular meetings or post meeting dates and agendas.
B. Subcommittee Formation and Appointment.
1. Standing Subcommittees . The Council may create or dissolve Standing subcommittees at any time by the affirmative vote of a majority of the Council. The Mayor nominates and the City Council confirms by majority vote the members of Standing subcommittees.
2. Ad Hoc Subcommittees . The Council or the Mayor may create ad hoc subcommittees. The Mayor has the discretion to make appointments to such ad hoc subcommittees or to allow a majority of the Council to vote on such appointments.
C. Subcommittee Responsibilities . The responsibilities of subcommittees include making and submitting recommendations and information to the Council for consideration and/or a vote (once properly agendized as noted in Section III.C, below, to ensure compliance with the Brown Act). Staff will work with and support Council subcommittees as required and in accordance with the provisions of Section II of this Chapter.
D. Review of Standing and Ad Hoc Subcommittees . At its second regular meeting in December (or as soon thereafter as possible), and prior to making any appointments, the Council will review each currently existing Standing or Ad Hoc Subcommittee and determine the need to renew or terminate the committee.
E. Conduct of Subcommittee Meetings . Council subcommittees shall follow the City Council Policy and Procedure Manual and any amendments or successor resolutions thereto.
III. ADMINISTRATIVE SUPPORT FOR CITY COMMISSIONS AND COMMITTEES
A. Staff to Provide Support . City staff will provide assistance and support to City commissions, committees, and subcommittees; however, such commissions, committees, and subcommittees do not have supervisory authority over City employees. While staff may work closely with these entities (particularly the Planning Ch. 9
74 Commission), City staff members remain responsible to their immediate supervisors and ultimately to the City Manager. The members of City commissions, committees, and subcommittees are responsible to perform the functions (as set forth in Victorville Municipal Code or other City Council directive) of their respective committees/commissions.
B. Examples. Staff support includes preparation of an agenda and preparation of reports providing a brief background of the issue, a list of alternatives, recommendations, and appropriate back -up materials, if necessary. Advisory body members should have sufficient inf ormation to reach decisions based upon a clear explanation of the issues.
C. Procedure for Recommendations to Council . Advisory City commissions, committees, and subcommittees wishing to communicate progress, status, and/or recommendations to the City Council must do so through approved Council agenda procedures. In addition, if such commissions, committees, and subcommittees wish to correspond with an outside agency, such correspondence will be prepared by staff for review by the City Manager and possible approval by the City Council. Individual members of City commissions, committees, and subcommittees who would like City staff to perform research or review a particular issue must gain the approval for such a request from the City Manager before any work is planned or done.
IV. COMMISSIONS, COMMITTEES, AND BOARDS ON WHICH COUNCILMEMBERS
SERVE AS CITY REPRESENTATIVES
A. Outside Agencies . City Councilmembers are appointed to serve as City representatives on the boards of commissions and/or committees of outside agencies in the region, such as the Victor Valley Transit Authority (“VVTA”), the San Bernardino County Transportation Authority (“SBCTA”), and the Victor Valley Wastewater Reclamation Authority (“VVWRA”).
B. Procedures. Nomination and confirmation of such representatives and one alternate shall follow the same procedure identified in Chapter 2, Section II, points 1-7, for the Mayor and Mayor Pro Tem.
C. Absence. Whenever a member of the City Council is unable to attend a regional board or committee meeting to which he or she is designated as the City’s representative, he or she shall notify his or her alternate to request his or her Ch. 9
75 attendance.
D. Duties. Councilmembers appointed to serve on outside agencies shall do so as representatives of the City, shall comply with the rules of procedure adopted by such agencies when participating in meetings of such agencies, and shall provide updates or reports to the City Council on the activities of such agencies as required.
Ch. 10
76 CHAPTER 10 - ENFORCEMENT
I. CENSURE AUTHORIZED
Censure is a formal resolution of the City Council that reprimands one of its own members for specified conduct, generally a violation of State, Federal, or local laws; or of City policy, including the provisions of this Manual (hereinafter collectively “Law”). Censure should not follow an occasional error in judgment that occurs in good faith and is unintentional, but it is appropriate when the violation is considered to be a serious offense or the conduct involves intentional and repeated violations of Law or C ity policy after other Councilmembers have informed the offending Councilmember of the violation(s). Censure carries with it no fine or suspension of the rights of the member as an elected official, but it nonetheless is a punitive action for wrongdoing.
II. CENSURE PROCEDURE
A. Request for Censure Hearing. During the open portion of any regular meeting of the City Council, any Councilmember may make a motion to calendar a censure hearing concerning the violative conduct of one of its members.
1. Specific Allegations . The request must include specific allegations of the conduct that constitutes a violation of the Laws or City policy upon which the proposed censure is based.
2. Agenda Placement or Ad Hoc Committee Formation . If a majority of Councilmembers support the request, then a) direction shall be given to City Manager to calendar the item for a future agenda or b) the Council shall appoint an ad hoc committee to investigate the charges.
3. When No Investigation Required . If the conduct or violation alleged is patent or otherwise clearly apparent, setting of the censure hearing shall proceed in accordance with Subsection C, below.
B. Investigation. If a majority of the Council determines an investigation is warranted, the Council shall designate an ad hoc committee consisting of two of its members, one of which shall be the Mayor, to conduct the investigation. If the Mayor is the subject of the charges, the Mayor Pro Tem shall be appointed in lieu of the Mayor to serve on the ad hoc committee.
1. Independent Investigator . The Council may select an independent Ch. 10
77 investigator to assist in conducting the investigation. The independent investigator would be managed by the ad hoc committee to conduct the investigation.
2. Process for Taking Statements . In the course of the investigation, the committee must determine the process by which statements are taken. A witness may choose to provide a signed declaration under penalty of perjury attesting to his or her knowledge of the facts surrounding the allegat ions. If a witness is unwilling to submit such a declaration, the Council may issue a subpoena to compel the witness’s testimony, consistent with its subpoena power granted under the Government Code.
3. Conclusion of Investigation . At the conclusion of the investigation, the results shall be presented in writing to the full Council. Based on the results and upon a majority vote of the Council, a censure hearing may be set in accordance with Subsection C, below.
4. Investigation Guidelines . The following guidelines apply to ad hoc committee investigations:
(a) The committee may be staffed by administrative and legal staff.
(b) If authorized by City Council, the committee may subpoena witnesses and documents.
(c) In making a determination to hold a censure hearing, the committee should determine if after taking all the facts and evidence into consideration, there are reasonable grounds to believe or not believe that the conduct, violation, or offense occurred.
(d) The committee shall issue a final report and recommendations to the City Council. The final report shall be made available to the public.
C. Censure Hearing. If a censure hearing is set, it must be set far enough in advance to give the Councilmember subject to the charges adequate time to prepare a defense.
That member shall be given the opportunity to make an opening and closing statement and to question his or her accusers. The Councilmember subject to the Ch. 10
78 charges may be represented and may have the representative speak or question on his or her behalf. The Mayor, or the Mayor Pro Tem if the Mayor is the subject of the charges, shall preside at the hearing. The rules of evidence shall not apply to the hearing, which is not a formal adversarial proceeding. The City Attorney or designee shall provide legal advice to the City Council during the hearing.
D. Resolution of Censure. A decision to censure requires the adoption of a resolution making findings with regard to the specific charges, based on substantial evidence, and approved by the affirmative vote of at least three (3) Councilmembers. In accordance with Government Code section 995, upon request of a Councilmember, the City may reimburse the Councilmember’s reasonable attorney fees and costs in defending himself or herself.
III. REMOVAL
A. Disruptive Conduct by Councilmember During Meeting.
1. In addition to the foregoing and as set forth in Section III.C of Chapter 5 of this Manual, the provisions of Government Code Section 36813 shall be applicable to the conduct of Councilmembers during Council meetings. Said Section provides:
The City Council may establish rules for the conduct of its proceedings. It may punish a Councilmember or other person for disorderly behavior at a meeting.
In accordance with Section 36813 and Section III.C of Chapter 5 of this Manual, the punishment may include removal from the Council Meeting of the disruptive Councilmember upon a majority vote of the City Council. A motion for removal may be made by any Co uncilmember, including the Mayor, and is not debatable. The Presiding Officer and Council as a whole shall address disruptions in a consistent, transparent, and viewpoint-neutral manner.
IV. ACKNOWLEDGEMENT OF RECEIPT AND UNDERSTANDING OF MANUAL
Upon first entering office, upon election to any subsequent term, or whenever this City Council Policy and Procedures Manual is updated by City Council Resolution, every Ch. 10
79 Councilmember shall sign a statement affirming that he or she has received, read, and understood the provisions set forth in this Manual and furthermore agrees to abide by them.