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REVIEW ALLEGATIONS OF THE CENSURE COMPLAINT AND PROVIDE DIRECTION TO STAFF
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RECOMMENDATION
It is recommended that the Committee review the allegations in the censure complaint and provide direction to staff.
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Summary
During the August 20, 2024, City Council Meeting, the Censure Ad-Hoc Committee was appointed to review the allegations of the Censure Complaint, conduct whatever investigation into the allegations of the complaint is necessary, and prepare a report and recommendation on the complaint to the full City Council.
Today, the Ad-Hoc Committee is tasked with deciding based on the facts and evidence, whether there are reasonable grounds to believe/not believe that a serious violation of adopted City policy occurred. The Committee must then forward a report to the full Council with its findings and recommendation consistent with the process described below.
DISCUSSION
Background
Council Policy Manual Chapter 4.08 (Council Censure) establishes the process for the censure of councilmembers. The process begins with the submission of a complaint by two councilmembers and an initial discussion before Council to determine whether the process should move forward. Absent a unanimous vote by the uninvolved councilmembers (those who did not submit and are not the subject of the complaint), the process continues.
On August 2, 2024, Councilmembers Blower and Villapudua submitted a complaint to the Interim City Clerk pursuant to Council Policy 4.08 (Attachment A- Complaint, Attachment B - Council Policy 4.08) requesting a censure hearing regarding an alleged violation of Council Policy 5.10 (Attachment C- Council Policy 5.10) by Councilmember Padilla.
At the August 20, 2024, Council Meeting, there was no unanimous vote to stop the process and the Mayor appointed the Council Censure Ad-Hoc Committee pursuant to Council Policy 4.08.020(2). The Ad Hoc is now tasked with reviewing the allegations of the complaint, following the process under Council Policy 4.08, and preparing a report and recommendation to the full Council.
Present Situation
Council Policy 4.08.020(6) requires the Ad-Hoc Committee to do the following:
1. Decide based on the facts and evidence, whether there are reasonable grounds to believe/not believe that the alleged violation of law or serious violation of adopted City policy occurred.
2. Make a written report to the City 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 Ad Hoc Committee should designate one of its members as the report writer and the report shall include the following:
1. The specific law or policy alleged to have been violated.
2. A summary of the complaint, evidence, and the results of any additional investigation.
3. A recommendation to the Council that:
a. 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
b. The complaint is not supported by sufficient evidence of a violation of law or serious violation of adopted City policy to warrant a censure hearing.
Allegations Supported
If the Committee determines that the allegations are supported and a censure hearing warranted, the Committee shall direct the Interim City Clerk to forward its report and recommendation to the full City Council and set the matter for a public censure hearing.
The hearing shall be far enough in advance 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 ad hoc committee's recommendation. At the hearing, the member shall be given an opportunity to be heard.
Allegations Not Supported
If the Committee determines that the allegations are not supported, the Committee shall direct the Interim City Clerk to forward the report and recommendation to the entire City Council and no further action will be taken unless a Council majority directs during Council Communication the matter be placed on the agenda for further consideration.
Staff has compiled related publicly available news articles and video links for the Committee’s review and consideration (Attachments D, E, F- News Articles; Attachments G, H, - Video Links).
Conclusion
1. The Committee must first decide whether there are reasonable grounds to believe/not believe that the alleged violation of law or serious violation of adopted City policy occurred.
2. If there are not reasonable grounds, the Committee shall appoint one of its members to draft a report subject to the requirements above and direct the Interim City Clerk to forward that report to the full City Council. Nothing further will occur absent action by the Council as detailed above.
3. If there are reasonable grounds, the Committee shall appoint one of its members to draft a report subject to the requirements above and direct the Interim City Clerk to forward that report to the full City Council and set the matter for censure hearing no longer than 30 days after the recommendation.
As a reminder, the City Council may censure by adopting a Resolution with 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 four affirmative votes of the Council. The accused Councilmember 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.
FINANCIAL SUMMARY
There is no direct financial impact to the action.
Attachment A - Complaint
Attachment B - Council Policy 4.08
Attachment C - Council Policy 5.10
Attachment D - Stocktonia Article (Padilla’s Party In The Park)
Attachment E - Record Article (Non-Profit Donors React…)
Attachment F - Record Article (Padilla May Face Censure)
Attachment G - Video Link - Stocktonia Article (Padilla’s Party in the Park)
Attachment H - Video Link - 08-20-2024 Council Meeting Councilmember Padilla’s comments