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COMPLAINT AND REQUEST FOR CENSURE HEARING REGARDING ALLEGED VIOLATION OF COUNCIL POLICIES 3.13 AND 4.07
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 Policies 3.13 and 4.07.
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Summary
On January 21, 2025, Councilmember Padilla and Vice Mayor Lee submitted a letter (Attachment A- Letter) to the City Clerk filing a complaint pursuant to Council Policy 4.08 (Attachment B - Council Policy 4.08) requesting a censure hearing regarding an alleged policy violation by Councilmember Villapudua.
In accordance with Council Policy 4.08.020(4), 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(5), 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 a formal resolution by City Council to officially reprimand one of its members for negligently, intentionally, or willfully violating a law, regulation, City policy, or the City Code of Ethics, while serving as a City of Stockton Councilmember. 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 January 21, 2025, Councilmember Padilla and Vice Mayor Lee submitted a complaint to the City Clerk under Council Policy 4.08, alleging that Councilmember Villapudua violated Council Policies 3.13 (Attachment C - Council Policy 3.13) and 4.07 (Attachment D - Council Policy 4.07). The letter further requested that a censure hearing be placed on the next regular meeting agenda in accordance with Council Policy 4.08.020.
In accordance with Council Policy 4.08.020 (2) and (3), notification of the complaint and request was sent to Councilmember Villapudua on January 21, 2025, 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 a formal resolution by City Council to officially reprimand one of its members for negligently, intentionally, or willfully violating a law, regulation, City policy, or the City Code of Ethics, while serving as a City of Stockton Councilmember. 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 council members 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(5) states in relevant part, “Councilmembers who made the complaint and the accused council member shall not serve on the ad hoc committee.”
The three councilmembers from Districts 2, 3, and 4, and the Mayor were not involved in submitting the complaint. Therefore, the Mayor may appoint any three councilmembers including herself and any of the council members from Districts 2, 3, or 4 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 3.13
Attachment D - Council Policy 4.07