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COMPLAINT AND REQUEST FOR CENSURE HEARING REGARDING ALLEGED VIOLATION OF COUNCIL POLICY 5.10
recommended action
RECOMMENDATION
This Complaint and Request for Censure Hearing is presented to the City Council for its review and consideration of whether the censure process will move forward regarding an alleged violation of Council Policy 5.10.
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Summary
On August 2, 2024, Councilmembers Blower and Villapudua submitted a letter to the Interim City Clerk filing a complaint pursuant to Council Policy 4.08 (Attachment A- Letter) requesting a censure hearing regarding an alleged policy violation by Councilmember Padilla.
In accordance with Council Policy 4.08.020(2), the four councilmembers that did not submit the complaint and were not the subject of the complaint are asked to consider whether the censure process should not move forward (Attachment B- Council Policy 4.08).
Absent a unanimous vote by those four councilmembers that the censure process should not move forward, the Mayor shall appoint a Council Ad Hoc Committee pursuant to Council Policy 4.08.020(2), which will review the allegations of the complaint, follow the process under Council Policy 4.08, and prepare a report and recommendation on the complaint to the full Council.
DISCUSSION
Background
Council Policy Manual Chapter 4.08 (Council Censure) establishes a process for the censure of councilmembers in connection with an alleged violation of law or serious violation of City policies. Under the policy, any two members of the City Council may submit, in writing to the City Clerk, a complaint and request for a censure hearing.
On August 2, 2024, Councilmembers Blower and Villapudua submitted a complaint to the Interim City Clerk under Council Policy 4.08, alleging that Councilmember Padilla violated Council Policy 5.10 (Attachment C- Council Policy 5.10). The letter further requested that a censure hearing be placed on the next regular meeting agenda in accordance with Council Policy 4.08.020 (1).
In accordance with Council Policy 4.08.020 (2) and (3), notification of the complaint and request was sent to Councilmember Padilla on August 2, 2024 and the matter was placed on the agenda for the next regular council meeting.
Present Situation
Council Policy Manual Chapter 4.08 (Council Censure) establishes a process for the censure of councilmembers in connection with an alleged violation of law or serious violation of City policies. The process begins with a complaint submitted by two councilmembers to the City Clerk and a decision by uninvolved councilmembers as to whether the process will move forward.
At this initial step in the process, neither argument nor evidence is required. Instead, the City Council is tasked with deciding whether the process will continue. Under the policy, the four councilmembers that did not submit the complaint and were not the subject of the complaint are asked to consider and decide whether the censure process should not move forward.
Absent a unanimous vote that the censure process not proceed, the Mayor shall appoint a Council Ad Hoc Committee to review the complaint.
Council Policy 4.08.020(2) states in relevant part:
“…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...”
The three councilmembers from Districts 2, 4, and 6 were not involved in submitting the complaint. Therefore, the Mayor may appoint any two councilmembers from Districts 2, 4, or 6 to serve on the Council Ad Hoc Committee.
Once established, the Council Ad Hoc Committee will review the complaint and prepare a report and recommendation regarding the alleged violation to the full Council.
FINANCIAL SUMMARY
There is no direct financial impact to this action.
Attachment A - Letter
Attachment B - Council Policy 4.08
Attachment C - Council Policy 5.10