Title
Resolution to Adopt City Council Internal Discipline Policy
Staffreport
RECOMMENDATIONS
Pursuant to the City Council Rules Committee’s recommendation from its September meeting, staff presents for City Council review and approval a resolution to adopt a City Council internal discipline policy that if approved would amend the San Leandro Administrative Code to add a new Title 1, Chapter 13.
BACKGROUND
The City Council Member Handbook does not provide any mechanism for enforcement of its rules and requirements. At present, the City of San Leandro City Council lacks a policy for discipline of members of the City Council. To provide for discipline when a violation of any law or policy of the City, including but not limited to the City Council Member Handbook, is committed, staff present the following City Council internal discipline policy for City Council approval. If the resolution with the Exhibit is adopted, the San Leandro Administrative Code would be amended to include a new Chapter 13 to Title 1, applicable to the City Council.
Analysis
The draft policy provides a range of disciplinary actions. It applies to members of the City Council when it is found by the Council that a violation of any law, bylaw, or policy occurs, including violations of the City Council Member Handbook.
Under the policy, options for discipline are provided, after the initial intake procedure is followed. The policy also provides a means for members of the public to file a complaint against a Councilmember for violations of law or policy, including the City Council Handbook. The City Council would receive the complaint, after which the Mayor would appoint a Council Ad Hoc Committee to assess/conduct due diligence of the complaint, and provide a recommendation to the full Council regarding no further action, authorization to conduct a full investigation, or to commence discipline.
Options for discipline after the procedures are completed could be, for example, direction from the City Council for the subject Councilmember to consult with the Mayor. Another form of discipline could be a letter of reprimand, which is a public record and may contain recommendations or requirements for action, such as training or counseling.
The Council could go directly to adopt a resolution of censure. This type of action is typically reserved for serious offenses, such as intentional or knowing violations of law or policy. In accordance with Constitutional rights of equal protection and due process, a censure resolution must establish sufficient facts to support the decision to censure the member, and the member must be afforded notice and opportunity to be heard before the resolution is adopted.
Censuring an elected member of a legislative body carries certain risks such as a declaratory action by the member alleging that there is no legal basis for the findings and/or a writ of mandate compelling the legislative body to set aside its action. If the censure involves an infringement of the member’s right to free speech, the legislative body may also face a constitutional claim. Additionally, any claims stemming from the censure can also accrue damages for harm to the member’s reputation, interference with business affairs, and emotional distress.
Financial Impacts
No financial impacts are associated with the adoption of the proposed policy.
ATTACHMENT
Attachment A: Resolution (City Council Internal Discipline Policy)
o Ex A: Internal Discipline Policy
PREPARED BY: Richard Pio Roda, City Attorney