Report Prepared by: Stephanie R. Dietz, City Manager
Title
SUBJECT: Discussion Regarding Two Complaints Lodged by Tim Razzari and Terry Ruscoe Against Council Member Perez and Providing Further Direction to Staff
REPORT IN BRIEF
Discussion and direction related to the two complaints lodged by Tim Razzari and Jared Ruscoe on behalf of Terry Ruscoe against Council Member Perez.
RECOMMENDATION
None.
Body
DISCUSSION
At the September 20, 2021 City Council Meeting, two members of the public - Tim Razzari and Jared Ruscoe on behalf of Terry Ruscoe - indicated during public comment that they wished to lodge formal complaints against Council Member Bertha Perez. Written complaints were left with the City Clerk during the meeting. Copies of each written complaint are attached.
At the direction of Mayor Serrato, the matter was placed on the Agenda for the November 1, 2021, City Council meeting for discussion and potential direction to staff regarding further action, if any.
Due Process for Censure:
Should the City Council decide to take further action based on the two pending complaints, the appropriate procedure would be a written resolution of censure. Censure is an inherent power of a legislative body to express its opinion on the conduct of one of its members and allows the City Council to publicly disapprove of the conduct of one of its members.
If the Council elects to censure a Council Member or other elected official, discussion and action must take place in open session. All Council discussions and the adoption of a censure resolution or other formal action requiring a Council vote must occur in open session with the vote of each member recorded.
Minimum due process standards are typically applied to a public body’s censure of one of its members. While there are no specific requirements, the accepted process required for censure is (1) notice and (2) an opportunity to refute the allegations prior to a public vote to adopt the resolution.
If a Council majority decides to move forward with the process, it could direct staff to prepare a written resolution, which can be served and voted upon at a subsequent Council meeting. It is recommended that the Council discuss, identify, and provide direction to staff regarding which specific policies, regulations, or laws have been allegedly violated; specific factual descriptions of Council Member Perez’s alleged misconduct; a description of how that alleged misconduct violates the cited policy, regulation, or law; and any specific language for the proposed censure resolution.
Following the drafting of the resolution, the resolution should be served on Council Member Perez prior to a subsequent Council meeting. At the subsequent Council meeting in open session, and prior to a vote being conducted, Council Member Perez should be given an opportunity to explain her actions and refute the allegations related to her conduct.
After Council Member Perez has been given a reasonable opportunity to respond to the allegations, the Council may vote on the resolution for censure. If a majority of the Council votes to approve the resolution, it will be adopted.
IMPACT ON CITY RESOURCES
If the City Council decides to proceed with a censure, staff will draft the resolution based upon the information provided by the Council.
ATTACHMENTS
1. Written Complaints
2. Resolution 2018-78