Title
City Council Rules Committee Review of Discipline Policy
Staffreport
RECOMMENDATION
Staff recommends City Council review the DRAFT discipline policy that if approved would be included in the San Leandro Administrative Code.
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, bylaw, order, or policy of the City, including but not limited to the City Council Member Handbook, is committed, staff presents the following draft policy for the Council’s consideration.
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 draft policy, the first “step” of discipline could be consultation with the Mayor at the direction of the Council. The second step 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 third step in the discipline policy could be a statement of disapproval through a City Council resolution. This resolution could potentially serve as a precursor to censure if the conduct is repeated, the process for which is discussed below.
If the offending conduct is repeated or the conduct is found by the Council to be so egregious as to warrant eschewing progressive discipline, the Council could go directly to and/or 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 protections 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.
ATTACHMENTS
Attachment A: Resolution Approving Discipline Administrative Policy
Attachment B: Discipline Administrative Policy
PREPARED BY: Michael Yuen, Assistant City Manager; Richard D. Pio Roda, City Attorney; Juliet E. Vaughn, Assistant City Attorney