BOARD AGENDA MEMORANDUM
Government Code ? 84308 Applies: Yes ? No ?
(If "YES" Complete Attachment A - Gov. Code ? 84308)
SUBJECT:
Title
Review and Approve Process to Determine Whether Censure is Appropriate.
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RECOMMENDATION:
Recommendation
A. Review proposed process to determine whether Censure is appropriate;
B. Provide input and make revisions as Board finds necessary; and
C. Approve Hearing Process to be used for Items 2.4 and 2.5.
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SUMMARY:
Since this is the first time the Board is conducting hearings to consider censuring a Board Member in recent history, the intent of this item is to allow the Board to transparently review the proposed Board Censure Hearing process, provide input, make revisions if necessary, and approve for use in the Censure Hearings scheduled on this agenda.
The general process for Censure Hearings is set forth in Governance Process Section 6.10.5 which holds as follows:
If a separate Board public hearing is required, it must be scheduled far enough in advance to provide the Board member subject to the charges adequate time to prepare a defense, and that Board member shall be given the opportunity to make an opening and closing statement and to question his or her accusers. The Board member subject to the charges may be represented and may have the representative speak or question on his/her behalf. The Chair or Vice Chair, if the Chair is the subject of the charges, shall preside at the public hearing. The rules of evidence shall not apply to the hearing of the matter, which is not a formal adversarial proceeding. If the District Counsel has assisted Board members in the investigation, independent legal counsel shall provide legal advice to the Board during the hearing of the matter.
As noted above, the Board Chair shall preside at the public hearing. Although the formal rules of evidence do not apply to the hearing, any questions posed during the hearing must be germane to the misconduct at issue in the hearin...
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