REPORT TO COUNCIL
SUBJECT
Title
Action on Admonition of Council Members Kolstad and Mahan
Report
EXECUTIVE SUMMARY
On July 11, the City received a Written Petition from Teresa Sulcer to censure Council Members Kolstad and Mahan (Attachment 1). During the July 17, 2018 Council Meeting, Ms. Sulcer amended her written petition request from censuring to admonishing Council Members Kolstad and Mahan in accordance with the Council’s Admonition and Censure Policy (Attachment 2).
Based on Ms. Sulcer’s amended Written Petition to request an admonition of Council Members Kolstad and Mahan with an option to censure based upon public input or new information.
BACKGROUND
On May 15, 2018, the City Council unanimously adopted an Admonition & Censure Policy. The policy outlines the process for an informal admonition, as well as the censure process, as follows:
Admonition Process
1. Information Admonition:
a) An individual Council Member can make an admonition at any Council meeting during Public Presentations or Reports of Members and Special Committees portion of the meeting.
b) Any member(s) of the City Council or the public may submit, in writing to the City Clerk, a request for an admonition concerning an alleged violation of law or City policies by another member.
2. Noticing:
a) The City Clerk’s publication, legal noticing and distribution of the City Council Agenda, and related staff reports/documents if available, shall serve as sufficient notice to the City Councilmember subjected to the allegations. Nothing in the Policy shall preclude individual Councilmembers from making public statements regarding such alleged conduct.
3. Scheduling
a) No scheduling is required.
b) If a member of the public or Council submits a request, the City Clerk shall place a Written Petition on an agenda at a regular City Council meeting as soon as available, per Council Policy 030 (Attachment 3).
4. Procedures
If approved: The City Council may choose to issue an admonition prior to any findings of fact regarding allegations either verbally or by resolution, and because the admonition serves as a warning or reminder, the City Council is not required to conduct an investigation or separate hearing to determine whether the allegation is true.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
FISCAL IMPACT
There is no fiscal impact associated with this item other than staff time and expense.
COORDINATION
This report has been coordinated with the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov> or at the public information desk at any City of Santa Clara public library.
ALTERNATIVES
1. Take action to admonish Council Members Kolstad and Mahan.
2. Authorize the City Manager to enter into agreement(s) with professional consultants to assist the Council to with potential investigations, development of censure processes and, if needed, advice with regard to due process for a Censure Hearing.
3. Take no action.
RECOMMENDATION
Recommendation
Staff has no recommendation for this item.
Staff
Reviewed & Approved by: Jennifer Yamaguma, Acting City Clerk
ATTACHMENTS
1. Admonition & Censure Policy
2. Adding an Item to the Agenda Policy
2. Written Petition
3. PowerPoint presentation from July 17, 2018