Reso 2024-138 City Council Internal Discipline Policy

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RESOLUTION NO. 2024-138 4 (b) Consultation with City Attorney. A Councilmember seeking to submit a request for discipline or to make a statement regarding specific complaints or allegations is advised to meet with the City Attorney’s Office before doing so. (c) Request for Discipline. A request for discipline or censure may be submitted by any Councilmember in writing to the City Clerk. Any Councilmember’s request for discipline is a matter of public record subject to the California Public Records Act’s requirements, including all applicable exemptions. A request for discipline must be submitted within six months of the date of the alleged violation. A Councilmember seeking to provide information to the Council concerning the specific conduct for which discipline is requested must submit written information to the City Manager for distribution to the whole Council. The request must contain the specific charges on which the proposed discipline or censure is based, and sufficiently specific facts and allegations as to the charges. The request may include or append a public complaint referenced in subsection (a) of Section 1.13.110. § 1.13.115 COUNCIL CONSIDERATION OF DISCIPLINE SHORT OF CENSURE. The City Clerk shall place the matter on a Council regular or special meeting agenda for the Council to determine whether further investigation is required, or whether discipline short of censure is warranted, or to move towards censure. Discipline short of censure may be one or a combination of the items in subsections (a) through (d) below. This discussion is a matter of public record and must take place during an open, noticed, and public meeting of the City Council. (a) Consultation with Mayor. At the direction of the City Council, an informal consultation with the Mayor may be required of the member who is the subject of the request. If the subject of the request is the Mayor, the consultation shall be with the Vice-Mayor. (b) Letter of Reprimand from the City Council. At the direction of the City Council, the Mayor, or Vice-Mayor if the Mayor is the subject of the discipline, shall coordinate with the City Manager and/or City Attorney on issuing a letter of reprimand to the subject Councilmember. The reprimand shall be based on a particular action (or set of actions) that is determined to be in violation of law or City policy but is considered by the Council to be not sufficiently serious to require formal censure. The letter of reprimand may include recommendations for corrective actions or behaviors. (c) Statement of Disapproval. By a resolution of the City Council, the Council may adopt a statement expressing disapproval or displeasure with the conduct of a Council member including recommendations for corrective action or behavior. (d) Admonition. By a resolution of the City Council, an admonition that a particular type of behavior or action may become or is a violation of law or City policy. § 1.13.120 CENSURE PROCEDURE. If the Council decides to set the matter for censure hearing, it shall schedule the hearing no sooner than two weeks after its determination to hear the matter. The Council shall not schedule the matter during any previously scheduled excused absence of the subject Councilmember. A Councilmember who is the