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Home My WebLink Aboutr 10422 council censure policyRESOLUTION NO . 10422 (2013 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO AMENDING ITS COUNCI L POLICIES AND PROCEDURES MANUAL TO ADD A COUNCIL CENSURE POLIC Y WHEREAS,the City Council has adopted a certain manual entitled "Council Policie s and Procedures" to define and ensure the proper conduct of the City's business by the Cit y Council and in compliance with State law and the City's Charter and Ordinances ; an d WHEREAS,the Council periodically revises its Council Policies and Procedure s Manual to ensure clarity, consistency with state law, and conformity with the City Charter an d Ordinances . NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Lui s Obispo : SECTION 1 .Chapter Eight — Council Censure Policy — is hereby added to the Counci l Policies and Procedures Manual to read as follows : CHAPTER EIGH T COUNCIL CENSURE POLIC Y 8 .1 PURPOSE OF CENSURE POLIC Y In order to deter violations of law and serious violations of adopted City policies, the Cit y Council may take formal action against its members for such misconduct in the form of censure . 8 .2 DEFINITION S 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 i s 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 th e 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 . Any member of the City Council may submit, in writing to the Chair of th e Personnel Board, a complaint and request for a censure hearing concerning an alleged violatio n 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 perso n against whom censure is sought is entitled to due process of law, which requires notice and th e opportunity to be heard and to refute the evidence against him or her, by means of a censur e hearing . R 10422 Resolution No . 10422 (2013 Series ) Page 2 8 .3 .3 The complaint shall contain specific factual allegations and any supportin g 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 advisor y 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 accuse d Council member as soon as possible following receipt, but in no event less than 72-hours prior t o the meeting of the Personnel Board at which the complaint and request for a censure hearing wil l be considered . 8 .3 .5 The Personnel Board shall consider whether additional investigation is necessar y 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 . 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 o r 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 th e 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 assis t in its investigation and report to the Council . 8 .3 .8 Upon completion of its review of the complaint and any additional investigatio n the committee shall determine if, considering all the facts and evidence, there is sufficien t evidence to believe or not believe that the alleged violation of law or serious violation of adopte d City policy occurred . The Personnel Board shall make a written report to the Council stating th e 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 t o the Council that the complaint is supported by sufficient evidence of a violation of law or seriou s violation of adopted City policy to warrant a censure hearing, or, alternatively, that the complain t 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 sufficien t evidence and a censure hearing is warranted, the City Clerk shall be notified and shall set th e matter for a public censure hearing before the City Council ; if the Personnel Board conclude s that the allegations are not supported by sufficient evidence and a censure hearing is no t warranted, the Board's recommendation will be forwarded to the City Council and no furthe r action taken, unless the City Council directs, by a majority consensus of the City Council durin g Council Communications, the matter to be placed on its agenda for further consideration . I n either case, a copy of the final report shall be provided to the accused member at the same time i t 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 Resolution No . 10422 (2013 Series ) Page 3 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 . 8 .3 .11 At the hearing, the subject member shall be given an opportunity to make a n 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 t o speak on his or her behal f 8 .3 .12 A City Council decision to censure requires the adoption of a Resolution makin g 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 b e affirmed by at least three affirmative votes of the Council . The accused Council member shal l 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 . SECTION 2 . Staff is directed to review the Council Policies and Procedures Manual fo r typographical and clerical errors and to correct any such errors prior to final publication . SECTION 3 . A copy of the Council Policies and Procedures Manual shall b e maintained on file in the Office of the City Clerk, shall be distributed to all Council Member s and Department Heads, and shall be available to the public online and during reasonabl e business hours . Upon motion of Council Member Ashbaugh, seconded by Council Member Carter, an d on the following roll call vote : AYES : Council Members Ashbaugh and Carter, and Mayor Marx NOES : Council Member Carpenter and Vice Mayor Smit h ABSENT : None The foregoing resolution was adopted this 5 `h day of February 2013 . Mayor J'rn Mar x J . Christine Dietric k City Attorney