REPORT TO COUNCIL
SUBJECT
Title
Consideration of Actions in Response to City Council Member's Conduct
Report
BACKGROUND
The Mayor has placed an item on the agenda for the Council to consider possible action in response to a fellow council member's conduct. This memorandum provides legal advice and contains the available options and recommendations on how to proceed.
DISCUSSION
We are providing the following responses to the Mayor's request (attached). These are listed below:
Authority to Censure
Attached is a draft Censure Policy, which the Council may consider adopting. The City Council has authority to censure one of its own members. Censure is "an official reprimand or condemnation" or "an authoritative expression of disapproval or blame" usually made by a legislative, administrative, or other body in response to specified conduct by one of its own member. (Black's Law Dictionary (10th ed. 2014). This authority is based on case law, and Robert's Rules of Order. The City Council, under Santa Clara City Code section 2.10.020, is subject to Roberts' Rules and the power to censure a fellow council member is inherent to any legislative body subject to Roberts' Rules. (Roberts' Rules of Order, 11th ed., p. 643).
The attached policy provides procedures for the Council to take action against Councilmembers for improper conduct. Informal admonition does not require formal notice or a hearing. Formal censure of a councilmember would require notice and a hearing.
If Council decides to take action by censure, it is recommended that Council adopt the attached policy and request the notice be provided to the accused. Censure should be done by resolution to set forth the reasons why Council is taking such action. The councilmember should have the opportunity to be present and to respond.
The basis for a censure must be a violation of law or a City policy. The City Council has adopted the Code of Ethics and Values and the Council of Trust Principles, a copy of wh...
Click here for full text