Chapter 2-12
CIVILITY CODE
Sections:
2-12-103 Chair shall preside over meetings.
2-12-104 Conduct of City officials.
2-12-107 Conduct of public at meetings.
2-12-111 Enforcement of a City official’s misconduct.
2-12-117 Application of this chapter.
2-12-101 Purpose.
It is crucial that the public have confidence in the integrity of its local government. Further, to ensure that the City’s business is conducted in a manner that is both professional and efficient, it is important that all participants in the process exercise decorum and civility. The purpose of this chapter is to establish a code of civility to ensure government efficiency, protect the public’s right to participate in the process, and preserve the public’s right to freedom of speech.
(Ord. 1254-CS, Added, 06/27/19)
2-12-102 Definitions.
For the purposes of this chapter, terms shall have the following meanings:
“Admonishment” means a formal reminder of the rules and is appropriate for allegations of a violation of law or City policy. An admonishment is not disciplinary in nature.
“Censure” means a formal resolution to reprimand an individual City official for misconduct and is a disciplinary action.
“Chair” means the individual authorized by law, the Turlock Municipal Code or City policy to oversee, direct and preside over the public meeting of the City Council, Planning Commission or any other City board or commission.
“City Council” means the governing body of the City of Turlock, comprised of four (4) Councilmembers and one (1) Mayor.
“City official” means any elected or appointed member of the Turlock City Council or Turlock Planning Commission or any other City board or commission established by ordinance or City Council policy.
“Councilmember” means a member of the Turlock City Council.
“Mayor” means the Mayor for the City of Turlock.
“Reprimand” means a formal reminder that is appropriate when the Council finds that a City official has committed misconduct but determines that the misconduct does not rise to the level of requiring censure.
(Ord. 1254-CS, Added, 06/27/19)
2-12-103 Chair shall preside over meetings.
Public meetings of the City Council, Planning Commission or any City boards or commissions shall be presided over and conducted by a Chair. Meetings of the City Council shall be presided over and conducted by the City’s Mayor. Meetings of the Planning Commission shall be presided over and conducted by the Planning Commission Chair. The Chair shall maintain order, decorum, and the fair and equitable treatment of all speakers. The Chair shall keep discussions and questions focused on the specific agenda item under consideration.
(Ord. 1254-CS, Added, 06/27/19)
2-12-104 Conduct of City officials.
(a) City officials shall obey the rules of civility provided in this chapter. In the event that a City official fails to obey the rules of civility in this chapter during a public meeting or while carrying out his or her official duties on behalf of the City, he or she shall be subject to disciplinary measures, including but not limited to admonishment, reprimand, or censure.
(b) City officials shall perform their duties in accordance with the City’s processes and rules of order governing the deliberation of public policy issues, the involvement of the public, and the implementation of policy decisions of the City Council by City staff.
(c) City officials shall work together collaboratively, assisting each other in conducting the affairs of the City.
(d) City officials shall fully participate in public meetings, in both the open and closed sessions, while demonstrating respect and courtesy to others. City officials shall stay focused, stay on topic and act efficiently during public meetings. They shall refrain from interrupting other speakers or otherwise interfering with the orderly conduct of the meetings.
(e) At public meetings, City officials shall respect the dignity, style, values, and opinions of each person present. City officials should avoid personal comments or personal attacks that could offend other City officials, City staff, and members of the public. City officials shall commit to practicing civility and decorum in discussions and debates. City officials shall commit to honoring the role of the Chair in maintaining order, keeping discussion on track, and focusing discussion on agenda items at hand.
(f) A City official shall not speak on behalf of his or her respective commission or board without consent from the other members. A Councilmember shall not speak on behalf of the City Council without consent from the majority of the City Council. City officials shall not interfere with the administrative functions of the City or the professional duties of City staff. City officials shall not impair the ability of City staff to implement City Council policy decisions and should refrain from disrupting staff from the conduct of their jobs.
(g) City officials shall not use City resources that are not available to the public in general, such as City staff time, equipment, supplies or facilities, for private gain or personal purposes.
(h) The provisions of this chapter shall only apply to City officials acting in their official capacities and in the discharge of their duties for and on behalf of the City.
(Ord. 1254-CS, Added, 06/27/19)
2-12-105 Conduct of staff.
Members of City staff must comply with the rules of civility outlined in this chapter while attending public meetings. Any member of City staff who violates this chapter is subject to discipline by any method permitted in this chapter or in the City’s personnel rules and regulations.
(Ord. 1254-CS, Added, 06/27/19)
2-12-106 Harassment.
No person shall engage in harassment of another person during a public meeting. Harassment includes but is not limited to:
(a) Verbal harassment such as racial epithets, derogatory comments, or slurs;
(b) Physical harassment such as assault, impeding or blocking movement, or any other physical interference or threat directed at an individual;
(c) Sexual harassment such as unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature, such as name calling, suggestive comments, or lewd talk and jokes that unreasonably interfere with an individual’s work performance or has the purpose or effect of creating an intimidating, hostile, or offensive work environment.
(Ord. 1254-CS, Added, 06/27/19)
2-12-107 Conduct of public at meetings.
Members of the public have a right to attend open public meetings. While attending a public meeting, members of the public must obey the rules of civility outlined in this chapter.
(Ord. 1254-CS, Added, 06/27/19)
2-12-108 Rules of civility.
During public meetings, all present shall:
(a) Preserve safety and order;
(b) Not block the audience or camera from viewing the proceedings;
(c) Not engage in behavior that will disrupt, disturb or otherwise impede the orderly conduct of the meeting, including but not limited to: heckling, whistling, yelling, and other similar demonstrations;
(d) Not willfully disrupt the peace and order of the meeting;
(e) Listen to others respectfully and not interrupt those who are speaking;
(f) Avoid the use of profanity, obscene language, and threats that disrupt, disturb, or otherwise impede orderly conduct;
(g) Not use unlawful physical force. Physical force includes but is not limited to: grabbing, pushing, slapping, punching, kicking, or otherwise striking the body of another or an object attached to another’s body;
(h) Not harass any other person in any way, including but not limited to types of harassment described in TMC 2-12-106;
(i) Avoid obscene gestures or motions that could be viewed as threatening or as an effort to intimidate. Unacceptable gestures include but are not limited to: those of a sexual nature, finger pointing and fist shaking in an overly aggressive or accusatory manner, miming the use of weapons or other violent acts;
(j) Avoid raising voices beyond what is necessary to be heard by the audience; and
(k) Act in accordance with all provisions of this chapter.
(Ord. 1254-CS, Added, 06/27/19)
2-12-109 Sergeant-at-Arms.
The Chief of Police or his or her designee shall act as the Sergeant-at-Arms at City Council meetings. The Mayor may request that the Sergeant-at-Arms enforce the rules of civility in accordance with this chapter and subject to all applicable local and State laws and regulations. The Chief of Police may designate any member of the Turlock Police Department to act as the Sergeant-at-Arms at any public meeting of the Planning Commission or other City boards or commissions.
(Ord. 1254-CS, Added, 06/27/19)
2-12-110 Public decorum.
If a member of the public or audience disrupts a public meeting or violates the rules of civility described in this chapter, the City has the following recourse:
(a) The Chair can call a point of order;
(b) A City official present at the public meeting may move to require the Chair to enforce the rules and, upon majority vote, the Chair shall be required to do so;
(c) The Chair may instruct the Sergeant-at-Arms to enforce the rules by ordering an individual to sit, refrain from addressing the City Council, board or commission, or remove the disruptive person from the meeting, in accordance with this chapter and subject to all applicable local and State laws and regulations.
(Ord. 1254-CS, Added, 06/27/19)
2-12-111 Enforcement of a City official’s misconduct.
When a City official violates this chapter, he or she is subject to disciplinary measures including, but not limited to, admonishment, reprimand, or censure. An appointed City official may be removed from his or her position on a board or commission by a majority vote of the City Council. A Councilmember, who has been appointed or selected to represent the City on any committee, working group or any other position in his or her official capacity, may be removed from any such position by a majority vote of the City Council. A City Councilmember may not be removed from his or her position on the City Council except as allowed by State law.
(Ord. 1254-CS, Added, 06/27/19)
2-12-112 Rules Committee.
Through majority vote, the City Council will select from among its members three (3) Councilmembers to serve as the Rules Committee. A Councilmember who is under review for violations of this chapter may not serve on the Rules Committee during the evaluation of the alleged violation. If a Councilmember is under review, he or she shall be automatically removed from the Rules Committee for the duration of the review. In the event that a member of the Rules Committee is recused, the Mayor shall appoint another member of the City Council to act pro tempore. If more than one (1) member of the Rules Committee is the subject of the review, then the investigation will automatically advance to the five (5) member ad hoc committee appointed by the Mayor, which will be staffed by administrative staff. The City Council may replace a member of the Rules Committee at any time through majority vote.
(Ord. 1254-CS, Added, 06/27/19)
2-12-113 Admonishment.
Any City official may submit a written request for admonishment to the City Council with the specific language of the proposed admonition. An admonishment need not be directed at an individual City official, but may also be directed at a member of the public. By a majority vote of the City Council, it may elect to approve the admonishment.
(Ord. 1254-CS, Added, 06/27/19)
2-12-114 Reprimand.
(a) Any City official may submit a written request to reprimand a City official to the Rules Committee. The request should contain specific allegations of conduct that, if true, violate this chapter.
(b) This request shall be personally served upon the accused City official along with notice of the time, place, and date of the Rules Committee meeting and notice of the accused City official’s right to submit oral or written evidence at least seventy-two (72) hours before the Rules Committee meeting where the request will be evaluated.
(c) The accused City official will have the opportunity to respond to the accusations at the Rules Committee meeting. After the meeting, the Rules Committee shall make one of the following findings:
(1) The matter should be investigated further and set for a separate public hearing by the City Council; or
(2) No further investigation is required, and the matter should be dismissed.
(d) The Rules Committee shall deliver its report to the City Council and the accused within ten (10) business days of the Rules Committee meeting on the matter through mail, personal delivery, or a form of electronic transmittal that is approved by the accused.
(e) If the Rules Committee decides to recommend action by the City Council, the matter shall be set for hearing at the next regularly scheduled City Council meeting that is at least thirty (30) days after the date the Rules Committee report is sent to the accused.
(f) At the City Council meeting, the accused City official shall have an opportunity to respond to the findings of the report.
(g) Based on the report and the comments by the accused, the City Council, excluding the accused City official if he or she is a Councilmember under investigation, will vote. A reprimand action must be approved by a majority vote.
(Ord. 1254-CS, Added, 06/27/19)
2-12-115 Censure.
(a) Any City official may submit a written request to censure a City official to the Rules Committee. The request should contain specific allegations of conduct that, if true, violates this chapter.
(b) This request shall be personally served upon the accused City official along with notice of the time, place, and date of the Rules Committee meeting and notice of the accused City official’s right to submit oral or written evidence at least seventy-two (72) hours before the Rules Committee meeting where the request will be evaluated.
(c) The accused City official will have the opportunity to respond to the accusations at the Rules Committee meeting. After the meeting, the Rules Committee shall make one of the following findings:
(1) The matter should be investigated further and set for a separate public hearing by the City Council; or
(2) No further investigation is required, and the matter should be dismissed.
(d) The Rules Committee shall deliver a copy of the report to the accused and the City Council within ten (10) business days of the meeting through mail, personal delivery, or a form of electronic transmittal that is approved by the accused.
(e) If the Rules Committee recommends the matter be dismissed, no further action will be taken unless the City Council directs that an additional investigation is necessary at the next regularly scheduled City Council meeting after receiving the report.
(f) If the Rules Committee recommends further investigation, the Mayor shall appoint a five (5) member ad hoc committee to determine if there is substantial evidence that the conduct occurred. If the Mayor is the party accused of misconduct, the City Council shall appoint the ad hoc committee. The ad hoc committee may be staffed by administrative staff.
(g) The ad hoc committee, being advised by the City Attorney, will investigate the matter and issue a public report based on its findings within thirty (30) days.
(h) The ad hoc committee report shall be served upon the accused with a notice of the hearing that will take place at the next regularly scheduled City Council meeting that is not less than twenty (20) days after the notice and report are sent.
(i) The City Council will hold a public hearing where it will consider all evidence, including the ad hoc committee report.
(j) At the hearing, the accused City official shall be allowed to make an opening and closing statement and shall be allowed to question the accuser(s). The accused City official may be represented by counsel. After the hearing, the City Council shall vote on whether to adopt a resolution approving the censure.
(k) At the hearing, in order to approve a censure, at least two-thirds (2/3) of the City Council must vote to adopt a resolution censuring the accused City official. If the City Council decides to dismiss the complaint, no further action will be taken. If the City Council determines that an admonishment or reprimand is sufficient, it may issue an admonishment or reprimand at the same hearing with a majority vote.
(Ord. 1254-CS, Added, 06/27/19)
2-12-116 Mayor’s misconduct.
When the Mayor violates this chapter, the Mayor shall be subject to disciplinary measures, including but not limited to: admonishment, reprimand, or censure. The procedure for disciplining the Mayor shall be the same as the procedure set forth in this chapter regarding all other City officials.
(Ord. 1254-CS, Added, 06/27/19)
2-12-117 Application of this chapter.
The rules, regulations, and codes of conduct set forth in this chapter apply to all City Council meetings as well as all other City meetings or hearings including meetings and hearings by any City commission, board, or advisory group.
(Ord. 1254-CS, Added, 06/27/19)