HomeMy WebLinkAboutAttachment A - City Censure PolicyCHAPTER EIGHT
COUNCIL CENSURE POLICY
8.1 PURPOSE OF CENSURE POLICY
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.
8.2 DEFINITIONS
8.2.1 CENSURE
Censure is a formal Resolution of City Council 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. Censure
should not follow an occasional error in judgment, which occurs in good faith
and is unintentional. 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.
8.3 CENSURE PROCEDURE
8.3.1 Any member of the City Council may submit, in writing to the Chair of the
Personnel Board, a complaint and request for a censure hearing concerning
an alleged violation of law or serious violation of City policies by another
member.
8.3.2 Prior to any formal action by the City Council to censure a member, the
person against whom censure is sought is entitled to due process of law,
which requires notice and the opportunity to be heard and to refute the
evidence against him or her, by means of a censure hearing.
8.3.3 The complaint shall contain specific factual allegations and any supporting
evidence of specific conduct alleged to violate existing law or adopted City
policies. The Personnel Board within 30 business days shall review the
record and either (1) issue an advisory opinion to the Council; or (2) conduct
further investigation and/or a hearing on the matter.
8.3.4 A copy of the complaint and request for censure shall be provided to the
accused Council Member as soon as possible following receipt, but in no
event less than 72-hours prior to the meeting of the Personnel Board at
which the complaint and request for a censure hearing will be considered.
8.3.5 The Personnel Board shall consider whether additional investigation is
necessary and, if so, shall appoint an ad hoc committee to complete the
necessary investigation and make a written report of the investigation to the
full Board.
Council Policies & Procedures Manual (rev. 05/05/2026) Page 54
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8.3.6 The ad hoc committee will determine the process by which statements are
taken. Witnesses may choose to provide a signed declaration under penalty
of perjury attesting to his or her knowledge of the facts surrounding the
allegations. If a witness is unwilling to submit such a declaration, the Council
may issue a subpoena to compel the witness testimony before the
Personnel Board, consistent with its subpoena power granted under the City
Charter.
8.3.7 The Personnel Board and ad hoc committee, if necessary, shall be staffed
by the Assistant City Attorney and such other administrative support staff
as may be necessary to assist in its investigation and report to the Council.
8.3.8 Upon completion of its review of the complaint and any additional
investigation the committee shall determine if, considering all the facts and
evidence, there is sufficient evidence to believe or not believe that the
alleged violation of law or serious violation of adopted City policy occurred.
The Personnel Board 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
Board 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.
8.3.9 If the Personnel Board determines that the allegations are supported by
sufficient evidence and a censure hearing is warranted, the City Clerk shall
be notified and shall set the matter for a public censure hearing before the
City Council; if the Personnel Board concludes that the allegations are not
supported by sufficient evidence and a censure hearing is not warranted,
the Board's recommendation will be forwarded to the City Council and no
further action taken, unless the City Council directs, by a majority
consensus of the City Council during Council Communications, the matter
to be placed on its agenda for further consideration. In either case, a copy
of the final report shall be provided to the accused member at the same time
it is provided to the City Council.
8.3.10 If a public hearing is set before the City Council, it shall be at least 14 days
following the Personnel Board's recommendation in order 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 Personnel Board's recommendation.
Council Policies & Procedures Manual (rev. 05/05/2026) Page 55
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8.3.11 At the hearing, the subject member shall be given an opportunity to make
an opening statement, closing statement, and to question his or her
accusers. The hearing shall not be a formal adversarial hearing and the
Rules of Evidence shall not apply to the proceeding. The subject member
may choose to be represented and to designate his or her representative to
speak on his or her behalf.
8.3.12 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 three
affirmative votes of the Council. The accused Council Member 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.
Council Policies & Procedures Manual (rev. 05/05/2026) Page 56
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