Title
Discussion to Consider Incorporating a Discussions and Alternative Dispute Resolution Process Into the City Council Member Handbook
StaffReport
SUMMARY
At the direction of the City Council Rules Committee on September 23, 2026, this item proposes adding a discussions and alternative dispute resolution (ADR) process to the City Council Member Handbook to support early and effective resolution of disputes among Councilmembers.
RECOMMENDATION
Staff recommend that the City Council Rules Committee approve the proposed discussions and ADR process and authorize its inclusion in the City Council Member Handbook.
BACKGROUND
On January 5, 2026, the City Council considered the public release of an independent investigation report related to a complaint submitted by Councilmember Xouhoa Bowen to the Human Resources Department. As part of its action, the Council directed staff to return with an item addressing restorative justice mediation for the City Council.
The Council discussed the topic on April 6, 2026, and subsequently referred it to the City Council Rules Committee for further evaluation, including whether restorative justice mediation should be incorporated into the City Council Internal Discipline Policy (Administrative Code Title A1, Chapter 13).
The Rules Committee first reviewed the item on April 22, 2026, and continued it to allow for additional research, including defining restorative justice mediation and assessing its implications for the Council’s discipline framework. Councilmember Fred Simon submitted proposed amendments to the Internal Discipline Policy for Committee consideration.
On June 24, 2026, the Committee reviewed the matter again and determined that the full City Council should first clarify its direction. The Council revisited the item on September 8, 2026, and directed the Committee to explore facilitated discussions as an early conflict resolution tool and to propose corresponding updates to the Council Handbook.
On September 23, 2026, the Rules Committee reviewed a draft discussions and ADR process and directed staff to expand it to include the following elements:
• An initial discussion between Councilmembers involved in a dispute, with documentation of the meeting’s occurrence but not its content.
• If unresolved, a facilitated discussion led by the Mayor. If the Mayor is a complainant or subject, facilitation will follow the line of succession: Vice Mayor, then senior Councilmembers not involved in the dispute. Documentation will again note only that the discussion occurred.
• If the dispute remains unresolved after these steps, and documentation confirms prior efforts, the parties shall participate in an ADR process facilitated by a professional mediator.
• All steps must comply with public noticing and meeting requirements if four or more Councilmembers are involved.
The revised process incorporates these provisions and is recommended for inclusion in Chapter 1 - MAYOR AND CITY COUNCIL, of the City Council Member Handbook .
ATTACHMENTS
A: City Council Member Handbook
B: Discussions and Alternative Dispute Resolution Process
PREPARED BY
Richard D. Pio Roda, City Attorney
T. Michael Yuen, Assistant City Manager