Motion for Writ in Kurt Wilson et al. vs City Council of City of Stockton et al.| Trellis.Law

On September 20, 2019 a Motion-Secondary was filed involving a dispute between City Of Stockton, Wilson, Kurt, and City Council Of City Of Stockton, City Of Stockton, for civil in the District Court of San Joaquin County.

Preview
1 I, KURT WILSON, hereby declare as follows:

2 1. I, Kurt Wilson, am the petitioner in the above-entitled case. I make this declaration

3 of personal knowledge and if called as a witness I could and would testify competently to the facts

4 stated herein.

5 Preparing City Council Meeting Agendas

6 2. In my capacity as the City Manager of the City of Stockton, I was familiar with the

7 provisions of City Charter, Ordinances, and City Policy concerning the persons having authority

8 to review City Council Meeting Agendas. As Mr. Troy Brown correctly noted in his declaration,

9 at paragraph 19, City of Stockton personnel are not permitted to unilaterally draft and add items
SAN FRANCISCO CA, 94111

10 to the agenda.
OL S O N L L P

11 3. The relevant City Policy provision is Council Policy No. 100-3, which provides in
415.409.8904

12 pertinent part:
AT LAW
&

13
FICKES

“The City Manager shall prepare an agenda for Council
– FAX:

Subsection B.3.a.
14 meetings….” (Emphasis added.)
ATTORNEYS
350,
TOOLE

415.409.8900

15
Subsection B.3.d. “The Mayor and City Manager will decide what items to place
ST R E E T , S U I T E

16 on the Council’s regular meeting agenda….” (Emphasis added.)
O’

Attached hereto as Exhibit A is a true and correct copy of Council Policy No. 100-3. This policy
CANNATA

17
TEL:

18 must be considered along with City Manager Administrative Directive No. MAN-13, which
100 PINE

19 provides, in pertinent part:

20
Section III. “Items presented to the City Council/Redevelopment Agency are the
21 principal responsibility of the City Manager who shall be accountable for the Agenda
material and content.”
22
Section IV.B.2. “In the event an item must be added after the agenda has been published
23
but before the Brown Act deadline, the department head must obtain approval from the
24 City Manager or the Assistant to the City Manager.”

25 Attached hereto as Exhibit B is a true and correct copy of City Manager Administrative Directive

26 No. MAN-13. Finally, for the Court’s reference, I have attached hereto as Exhibit C a true and

27 correct copy of the Index of the City of Stockton’s Council Policy Manual. All of these

28 documents can be accessed on line at

1
SUPPLEMENTAL DECLARATION OF KURT WILSON ISO WRIT PETITIONS
1
http://www.stocktonca.gov/government/council/policy.html.
2
4. The City Attorney has no authority under these policies to unilaterally prepare or
3
decide an agenda item, and I am unaware as of July 2019, that the City had a custom or practice
4
of having the City Attorney prepare and/or decide agenda items. It is possible that Mr. Luebberke
5
was conflating his authority to request a closed session with the authority to prepare an agenda
6
item. (For reference, attached hereto as Exhibit D is a true and correct copy of Policy No. 100-6
7
pertaining to closed sessions.) Further, I am informed and believe that former Mayor Tubbs
8
testified at his deposition that he did not know who prepared the revised agenda item, and that he
9
SAN FRANCISCO CA, 94111

believed that the entire City Council decided to place this on the agenda. When asked when the
10
entire City Council decided to place this on the agenda, Mr. Tubbs testified that he believed that
OL S O N L L P

11
415.409.8904

the City Council decided to do so “as part of our deliberations from our July 16th discussion.”
12
(See Exhibit AAA (Tubbs Deposition Testimony at pp. 288:11 to 290:4) to Declaration of
AT LAW
&

13
FICKES

Therese Y. Cannata.) I am unaware of any properly noticed City Council meeting or decision
– FAX:

14
ATTORNEYS

after the closed session on July 16, 2019 to revise the agenda or add Agenda Item 3.5.
350,
TOOLE

415.409.8900

15
With regard to the Revised Agenda for the July 30, 2021 “Revised Agenda,” I was
ST R E E T , S U I T E

5.
16
O’

not informed nor permitted to review in advance the revised agenda item, which was Item 3.5.
CANNATA

17
TEL:

Further, I was not informed who prepared and directed the City Clerk to publish the Revised
18
100 PINE

Agenda until two years after the fact. Specifically, in this case, through my counsel, after I
19
repeatedly asked for this information without a response, the City finally disclosed, after the
20
close of discovery, on September 20, 2021, that the City Attorney, John Luebberke, drafted Item
21
3.5 and caused it to be published in the Revised Agenda. Mr. Luebberke then filed a declaration
22
confirming that fact, stating that he was authorized to do so because “it is the City’s practice for
23
the City Attorney, and not the City Manager, to prepare agenda descriptions of all closed
24
sessions” (See J. Luebberke Declaration at para. 3.) That is not correct. There is no such City
25
practice and this would also be inconsistent with written City Policy. Further, I am not aware of
26
a single instance during my tenure as City Manager in which that occurred.
27

2
SUPPLEMENTAL DECLARATION OF KURT WILSON ISO WRIT PETITIONS
1
The Timeline of Events Between July 16 and July 30, 2019
2
6. On July 16, 2019, in a closed session, in the presence of the members of the City
3
Council and the facilitator hired by the City, my evaluation commenced for just a few minutes.
4
(Former) Mayor Michael Tubbs then asked to stop the discussion to permit the City
5
Councilmembers to discuss the matter among themselves. The Council agreed that I would allow
6
them time to discuss and that the Mayor would text me to return to complete the evaluation. I left
7
the meeting and waited in my office for word of when to return. I was never asked to return to
8
that closed session to complete my evaluation. Rather, I received a text message from Mr. Tubbs
9
SAN FRANCISCO CA, 94111

at approximately 4:41 p.m. that same day, stating that the closed session was concluded and Mr.
10
Tubbs further stated: “They instructed me to meet with you tomorrow to share thoughts about
OL S O N L L P

11
415.409.8904

moving forward - is there a time that works for you?” In further text exchanges, I confirmed that
12
we would speak by phone at 10:00 a.m. the next day. Attached hereto as Exhibit E is a true and
AT LAW
&

13
FICKES

correct copy of that text message exchange with Mr. Tubbs which I produced in this litigation. (I
– FAX:

14
ATTORNEYS

am informed and believe that the City has yet to produce any text messages from Mr. Tubbs’s
350,
TOOLE

415.409.8900

15
ST R E E T , S U I T E

phone notwithstanding his testimony at deposition that he extracted and produced all requested
16
O’

text messages when requested in 2019 or 2020.) After confirming that meeting, I returned to the
CANNATA

17
TEL:

open session of the July 16, 2019 meeting and continued to perform my duties as City Manager at
18
100 PINE

that meeting.
19
7. The next day, on July 17, 2019, I was scheduled for a 10:00 a.m. phone
20
conversation with Mr. Tubbs. As set forth in my text messages, attached as Exhibit 5, hereto, at
21
10:06 a.m., I proposed to reschedule the call for July 19 at 3:30 p.m. I believe this is because Mr.
22
Tubbs failed to call or answer my call at the originally scheduled time. During our brief call on
23
July 19, 2019, I began the conversation with an acknowledgement that it appeared our
24
relationship had run its course. He confirmed that the City wished to amicably part ways with
25
me, and that we should discuss a plan to do that. At no time in that conversation (or any other
26
that I can recall) did Mr. Tubbs or a member of the City Council tell me that I was going to be
27
immediately terminated for cause. Based on the conversation, I understood the only option to be
28

3
SUPPLEMENTAL DECLARATION OF KURT WILSON ISO WRIT PETITIONS
1
for us to agree on terms for an amicable separation that would not impair the City’s ability to
2
recruit for the position nor cause me reputational harm. I explained that, as the sitting President
3
of a statewide city manager group, it would be less conspicuous if I were to wait until my term
4
ended in a couple of months. He agreed and expressed interest in a joint statement to be
5
delivered. He then, acting with the delegated authority of the Council, directed me to draft a
6
voluntary separation agreement and public statement.
7
8. I completed the assigned task by preparing a proposed separation agreement,
8
believing that the common objective was to enter into an amicable separation agreement. The
9
SAN FRANCISCO CA, 94111

terms I proposed anticipated that the City Council and I would jointly, and immediately,
10
announce my impending departure sometime after October 2019, when my term as the President
OL S O N L L P

11
415.409.8904

of the City Managers’ Department of the League of California Cities was completed. This
12
amicable separation would also assist the City in a search for a new City Manager. Attached
AT LAW
&

13
FICKES

hereto Exhibit F is a true and correct copy of the draft separation agreement that I prepared and
– FAX:

14
ATTORNEYS

arranged to deliver to Mr. Tubbs on or about July 19, 2019. My text message exchange with Mr.
350,
TOOLE

415.409.8900

15
ST R E E T , S U I T E

Tubbs on July 19, 2019 is included in Exhibit 5, hereto, and confirms our arrangements for this
16
O’

delivery, and on July 23, 2019, Mr. Tubbs texted me back to advise that he had turned the
CANNATA

17
TEL:

information over to City Attorney John Luebberke. I received two brief telephone calls from Mr.
18
100 PINE

Luebberke between July 23, 2019 and July 30, 2019 about this issue. Each call was brief and
19
pertained only to a few questions about the proposed terms. The calls were cordial and at no time
20
in either call did Mr. Luebberke indicate to me that the City wanted to make a counter proposal or
21
that the City objected to the terms I had proposed. I understood that a counter offer could only
22
come after the Council had the opportunity to consider the item in a properly noticed meeting
23
consistent with the Ralph M. Brown Act. As a result, I didn’t expect any acceptance or counter
24
offer to come until after the July 30, 2019 meeting where I added my performance evaluation to
25
the agenda. I did not add termination as a possible topic during that meeting because I did not
26
foresee any scenario where that would be the case. When the July 30, 2019 closed session
27
meeting was convened, I waited in my office because I assumed the City Council was reviewing
28

4
SUPPLEMENTAL DECLARATION OF KURT WILSON ISO WRIT PETITIONS
1
the terms of my proposed separation agreement that I had been directed to prepare. I had no
2
notice nor did I otherwise suspect that Mr. Tubbs was presenting a case for my immediate
3
termination for cause. Rather, I first learned of his intent when the City disclosed in discovery in
4
this case in July 2021 certain email memoranda prepared by Max Vargas to Mr. Tubbs
5
summarizing alleged reasons to support my immediate termination for cause. I then learned from
6
Mr. Tubbs’s deposition testimony, taken on or about September 3, 2021, that Mr. Tubbs
7
requested this information for presentation to the City Council about specific instances in which I
8
had purportedly failed to implement City Council policy. (See Declaration of Therese Y.
9
SAN FRANCISCO CA, 94111

Cannata, Ex. VV (Tubbs Deposition Testimony at pp. 252:5-23.)
10
9. Several days after Mr. Tubbs’s deposition was completed, on or about September
OL S O N L L P

11
415.409.8904

8, 2021, the City produced still further documents about Mr. Tubbs’s activities leading up the
12
July 30, 2019 City Council Meeting. Specifically, on July 26, 2019, Mr. Tubbs forwarded to his
AT LAW
&

13
FICKES

communications director, Daniel Lopez, a draft press release, announcing that by unanimous vote
– FAX:

14
ATTORNEYS

of the City Council, I had been terminated as City Manager. (A copy of the July 26, 2019 email
350,
TOOLE

415.409.8900

15
ST R E E T , S U I T E

and draft press release is attached to the Declaration of Therese Y. Cannata, filed on September
16
O’

20, 2021, at Para. 45, Ex. ZZ.) That was four days prior to the July 30, 2019 meeting at which
CANNATA

17
TEL:

the decision was purportedly made. Further, I am informed and believe that less than one hour
18
100 PINE

after the public announcement of my termination for cause, the local newspaper printed a detailed
19
article about my termination for cause and specifically referenced, based on “sources” from the
20
City, the same reasons for termination that Mr. Vargas listed in his email memorandum that Mr.
21
Tubbs requested in preparation for presentation to the City Council. (See Supplemental
22
Declaration of Therese Y. Cannata, Paragraph 13, Exhibit L.)
23
10. Had I been provided notice of these charges or complaints about the discharge of
24
my duties as City Manager, I would have responded with specific information, including
25
supporting documents, to each charge and demonstrated that these charges were false and
26
misleading. However, because this was all done in secret, without notice to me, I had no such
27
opportunity. The secrecy and abandonment of basic principles of transparency fundamentally
28

5
SUPPLEMENTAL DECLARATION OF KURT WILSON ISO WRIT PETITIONS
1
impaired my right to defend my career and my reputation as City Manager of Stockton.
2
11. Regarding my text message to Ms. Montes dated August 6, 2019 (my first PRA
3
request), when I stated to Ms. Montes that there was “no rush,” I did not intend by that statement
4
to suggest that the City could take two years to comply with that request. Rather, I wanted to
5
convey that it was not necessary to provide all documents in the month of August 2019.
6
12. As City Manager of Stockton, and in consultation with the Chief of Police, I
7
attended a six-week Police Academy program in the City of Hanford. The program started in
8
March and concluded in April 2019. While attending the program, which generally started very
9
SAN FRANCISCO CA, 94111

early each morning and concluded in midday or in the early afternoon, I continued to attend to all
10
of my duties as City Manager, sometimes working through the late evening and into the early
OL S O N L L P

11
415.409.8904

hours of the morning each day. I traveled often back to Stockton for meetings and community
12
events during the entire six-week period. Throughout this six-week period, I attended in-person
AT LAW
&

13
FICKES

meetings and telephone conferences throughout each week as necessary or as scheduled. I
– FAX:

14
ATTORNEYS

responded to emails and texts as necessary throughout the day. I attended my department head
350,
TOOLE

415.409.8900

15
ST R E E T , S U I T E

meetings, individual staff meetings and calls (again as scheduled or needed). I attended my
16
O’

weekly meetings with City Councilmembers unless they cancelled them, and I prepared them for
CANNATA

17
TEL:

City Council meetings. Finally, and important here, my direct reports (e.g. Deputy City
18
100 PINE

Managers and the Police Chief) had immediate and constant access to me as needed during this
19
six-week period. That included my informing program instructors that I may, from time to time,
20
need to be excused to respond to such calls, texts or emails. I received not a single complaint
21
from any City employee or City Councilmember during this time.
22
13. My purpose in attending the Police Academy was to gather critical information for
23
new recruits to the Stockton Police Department and gather new information that I felt would
24
better prepare me to perform the full range of my duties as City Manager. For example,
25
“shooting practice” is one of the required learning domains as part of the training program so it is
26
not a menu whereby participants get to pick and choose. However, given that Stockton is
27
consistently one of the most violent cities in America and officer discharges of weapons were
28

6
SUPPLEMENTAL DECLARATION OF KURT WILSON ISO WRIT PETITIONS
1
regularly the subject of disciplinary considerations for which the city manager is the hiring
2
authority with the ability to impose discipline, I learned about the acceptable standards for
3
discharging a firearm. For example, the requirement to, and practical challenges of, being aware
4
of the backdrop (what is behind the target) is an issue in most shootings, including the incident in
5
which dozens of Stockton officers discharged their weapons in a situation where an innocent
6
hostage was killed by Stockton police officers. This is a major issue in Stockton. Shooting
7
scenarios are so much a part of the Stockton culture that the City Attorney (during his regular
8
work day) participated in a police simulator training that included both shooting scenarios and
9
SAN FRANCISCO CA, 94111

driving scenarios in a device that is designed for the purpose of training police officers. Crime
10
scene investigation is exactly what I did as part of my determination of whether or not to
OL S O N L L P

11
415.409.8904

terminate an officer whose excessive speed was found to be the key factor in the fatality of a
12
female senior citizen killed by a Stockton police officer. “Arrest and control” is the foundation for
AT LAW
&

13
FICKES

use of force techniques which constitute the single most frequent complaint against Stockton
– FAX:

14
ATTORNEYS

officers and one of the most common causes of litigation against the city - either by individuals
350,
TOOLE

415.409.8900

15
ST R E E T , S U I T E

who believed the type or level of force was inappropriate or from family members of individuals
16
O’

who died during confrontations with Stockton police, both of which required me to weigh in on
CANNATA

17
TEL:

disciplinary decisions. Search and seizure issues came up frequently, including a case where I
18
100 PINE

was asked to approve a settlement with an individual who was arrested by Stockton officers for
19
an outstanding warrant even though he was not the right person.
20
14. I had several important reasons for my decision to tell only Police Chief Jones
21
about my participation in this program at the time. First, it would have negatively impacted the
22
recruiting evaluation process as well as the learning process. Second, it was important not to
23
publicize information that would create the impression (however untrue) that I was somehow
24
biased for or against police officers. This was particularly important with police union contract
25
negotiations and community meetings where our goal was to have a civil and productive dialogue
26
about police violence in Stockton. It also pertained to the well-being of my family, because the
27
City of Stockton had a history of threats against public officials (including Councilmembers) and
28

7
SUPPLEMENTAL DECLARATION OF KURT WILSON ISO WRIT PETITIONS
1
police shootings were very emotionally-charged issue in the City at that time. Further, there was
2
no option to confidentially disclose to the City Council my participation in this program because
3
certain members of the City Council chose not to maintain confidentiality of City-related issues
4
even after promising to do so. During and after this training, I had multiple conversations with
5
Police Chief Jones about recruiting and police violence issues. But for my forced departure as
6
City Manager, it had been my intent to prepare a presentation to the City Council later in 2019
7
about what I had learned and the status of improved police office recruiting efforts.
8

9
SAN FRANCISCO CA, 94111

I declare under penalty of perjury under the laws of the State of California that the
10
OL S O N L L P

foregoing is true and correct, except as to those matters stated on information and belief, and as to
11
415.409.8904

those matters, I believe them to be true and correct.
12
AT LAW
&

13
FICKES

– FAX:

Executed this 4th day of October, 2021 at Portland, Oregon.
14
ATTORNEYS
350,
TOOLE

415.409.8900

15 _________________________________
ST R E E T , S U I T E

KURT WILSON
16
CANNATA O’

17
TEL:

18
100 PINE

20
21

8
SUPPLEMENTAL DECLARATION OF KURT WILSON ISO WRIT PETITIONS
EXHIBIT A
Policy No. 100-3 Rules for Conduct of City Council Meetings (Council Decorum) 10/4/21, 3:04 PM

Stockton Council Policy Manual
Up Previous Next Main Search Print No Frames
100 SERIES CITY COUNCIL PROCEDURES

Policy No. 100-3 Rules for Conduct of City Council Meetings (Council Decorum)*

* CodeAlert: This topic has been affected by Ordinance No. Res-2016-01-26-1203. To view amendments and newly
added provisions, please refer to the CodeAlert Amendment List.

Effective Date: 11/18/2014

BACKGROUND

Various provisions of the City Charter and Municipal Code relate to rules of conduct for City Council meetings, this
Policy consolidates such rules and procedures.

PURPOSE

To consolidate and condense for ready reference, rules and procedures for the conduct of City Council meetings.
This Council Policy serves to consolidate Council Policies and Procedures relative to Council Meetings and
comprehensive Council Meeting Procedures.

APPLICATION

This Policy shall apply to the conduct of City Council meetings and to all meetings of Council appointed Boards,
Commissions and Committees.

POLICY/PROCEDURES

Pertinent provisions of the City Charter, Stockton Municipal Code Chapter 2.04, and Council Resolutions are
hereby consolidated and presented for reference.

A. General

1. Applicable City Charter, Article IV, Sections:

a. SECTION 400. Powers. The City Council shall be the governing body of the municipality. All
powers of the City shall be vested in the Council, subject to the provisions of this Charter, the

http://qcode.us/codes/stockton-cpm/view.php?topic=100-100_3&frames=on Page 1 of 11
Policy No. 100-3 Rules for Conduct of City Council Meetings (Council Decorum) 10/4/21, 3:04 PM

Constitution of the State of California, and the Constitution of the United States. The Council may
establish the method or methods by which any of such powers may be exercised.

b. SECTION 401. Membership. The Council shall consist of seven members, six
Councilmembers and the Mayor, each of whom shall have the right to vote on all matters coming
before the Council.

c. SECTION 402. Meetings. The Council shall call and hold regular and special meetings in such
manner and at such time and place within the City of Stockton as it may prescribe.

d. SECTION 403. Open Sessions. All legislative sessions of the Council, whether regular or special, shall be
open to the public except for sessions closed to the public as permitted by
law. The public shall have access to the minutes and records of sessions open to the public at all
reasonable times in accordance with applicable law.

e. SECTION 404. Quorum. A majority of the members of the Council shall constitute a quorum
for the transaction of business. Every member when present, must vote upon all propositions.

f. SECTION 407. Qualifications of Members. The Council shall be the judge of the election and
qualifications of its members. Except as otherwise provided in this Charter, the Council shall
determine its rules of procedure. It may punish or expel any member for violation of its rules.

2. Rosenberg’s Rules of Order Adopted

The City Council adopts Rosenberg’s Rules of Order unless provided otherwise in this Policy.

3. Use of Electronic Communication Devices Prohibited

The Council’s use of electronic communication devices, such as cell phones, during a City Council
meeting may lead to the public’s perception that a Councilmember is not paying attention to the subject
matter at hand or that a Councilmember is receiving information relative to the subject matter at hand
that other Councilmembers and members of the public are not receiving, either one of which is inimical
to good government and transparency. Therefore, the Council’s use of electronic communication devices
(including cell phones), other than for the purpose of accessing agenda materials that are on a
Councilmember’s I-pad or lap top computer, is prohibited during Council meetings.

B. Regular Meetings

1. Meeting Time and Schedule

http://qcode.us/codes/stockton-cpm/view.php?topic=100-100_3&frames=on Page 2 of 11
Policy No. 100-3 Rules for Conduct of City Council Meetings (Council Decorum) 10/4/21, 3:04 PM

The Council will hold regular business meetings twice each month on every other Tuesday at 5:30 p.m.
on a consistent schedule unless otherwise amended; provided, however, that if circumstances require,
meetings may be noticed for a later time, but will not be scheduled for a time later than 6:30 p.m. In
addition, any such regular meeting at which a closed session is to be held may be commenced for the
holding of such closed session at such earlier time on the meeting day as may be noticed on the Council’s
agenda and posted at least 72 hours in advance of such earlier commencement time. In the event of any
such earlier commencement of a regular meeting for the purpose of holding a closed session, no other
items of business on the Council’s meeting agenda shall be addressed before 5:30 p.m.

If the Council does not hold a regular business meeting on a Tuesday because of a Monday holiday, the
Council will hold at least two regular business meetings in that month if deemed necessary.

The Council will not hold meetings on the fifth Tuesday of a month. However, if the Council does not
meet on a Tuesday because of a Monday holiday, it will hold a meeting on the fifth Tuesday if deemed
necessary.

The Mayor will provide a meeting schedule for the year based on these criteria.

2. Place

All regular meetings of the Council shall be held in the Council Chambers, City Hall, Stockton,
California.

3. Agenda

a. The City Manager shall prepare an agenda for Council meetings and, when necessary, for the
Successor Agency of the Redevelopment Agency of the City of Stockton (“Successor Agency”), in
accordance with the proposed order of business and shall provide each member of the
Council/Successor Agency, the City Clerk, City Attorney and City Auditor with a copy of the
agenda at least 72 hours before each regular meeting of the City Council/
Successor Agency. The Council/Successor Agency is prohibited from taking action on any item not
appearing on the agenda unless the Council/Successor Agency by a two-thirds vote determines that
one of the exceptions under Government Code, Section 54954.2(b) applies.

b. The City Manager will use discretion to determine which items should be placed on the
consent agenda but the City Manager will not place an item on the consent calendar if it appears the
Council will need more information or have specific questions as to the item, the public needs to
hear the information concerning the item or the highlight will highlight positive accomplishments of
the City. The Council/Successor Agency may consider all items on the consent agenda at one time
by roll call vote after a motion to approve such consent items has been made and seconded.

c. New business except Council/Successor Agency comments and committee reports will not be

http://qcode.us/codes/stockton-cpm/view.php?topic=100-100_3&frames=on Page 3 of 11
Policy No. 100-3 Rules for Conduct of City Council Meetings (Council Decorum) 10/4/21, 3:04 PM

considered after 11:00 p.m.

d. The Mayor and City Manager will decide what items to place on the Council’s regular meeting
agenda. Any Councilmember may request the Mayor to place an item on the agenda. If the Mayor
does not agree to do so, the item will nevertheless be placed on a future agenda if, during an open
session, the requesting Councilmember and at least one other Councilmember makes the request.

e. Other than for legally required second readings, no agenda item that the Council has voted on
at a Council meeting shall appear on the agenda again so as to present the same or substantially the
same question for Council consideration unless any one of the following has occurred:

i. A motion for reconsideration regarding the item has been passed pursuant to Rosenberg’s
Rules of Order.

ii. Six months have passed since the last meeting at which the item was voted on.

iii. A majority of the entire Council membership has requested to have the item on the
agenda again.

C. Posting of Agenda

1. The City Clerk shall post an agenda in a location which is freely accessible to the public at least 72
hours before each regular meeting of the City Council.

D. Special Meetings

1. A special meeting or study session may be called at any time by the Mayor or, in the absence of the
Mayor, the Vice Mayor, or by a majority of the members of the City Council, by delivering personally or
by electronic mail or mail written notice to each member of the City Council and to each local newspaper
of general circulation, radio or television station requesting notice thereof in writing. The notice shall be
delivered personally or by electronic mail or mail and shall be received at least 24 hours before the
meeting time specified in the notice. The call and notice shall specify the time and place of the special
meeting and the business to be transacted. No other business shall be considered at these meetings by the
City Council.

2. The call and notice shall be posted at least 24 hours prior to the meeting in a location that is freely
accessible to members of the public.

3. In the case of an emergency situation involving matters upon which prompt action is necessary due
to the disruption or threatened disruption of public facilities, the City Council may hold an emergency
meeting without complying with either the 24-hour notice requirement or the 24-hour posting

http://qcode.us/codes/stockton-cpm/view.php?topic=100-100_3&frames=on Page 4 of 11
Policy No. 100-3 Rules for Conduct of City Council Meetings (Council Decorum) 10/4/21, 3:04 PM

requirement or both of the notice and posting requirements.

4. For the purposes of this section, “emergency situation” means any of the following:

a. Work stoppage or other activity which severely impairs public health, safety or both, as
determined by a majority of the members of the City Council; or

b. Crippling disaster which severely impairs public health, safety or both, as determined by a
majority of the members of the City Council.

E. Duties of Presiding Officers

1. The Presiding Officer—Election and Duties. The presiding officer of the Council shall be the Mayor
who shall be elected as provided in the Stockton City Charter. The Mayor shall preserve strict order and
decorum at all meetings, announce the decisions of the Council and decide all questions of order
consistent with Rosenberg’s Rules of Order subject, however, to an appeal to the Council, in which event
a two-thirds vote of the Council shall govern and conclusively determine such questions of order.

Case Info

Judge

Lee, Jayne Track Judge’s New Case

Case No.

(Subscribe to View)

Document Filed Date

October 04, 2021

Case Filing Date

September 20, 2019

County

Parties

City Council of City of Stockton Respondent
City of Stockton Cross-complainant
City of Stockton Respondent
Holland, Lesley Discovery Referee
Wilson, Kurt Cross-defendant
Wilson, Kurt Petitioner
John Luebberke Attorney
Zachary Colbeth Attorneys for Plaintiffs
Sophia Retchless Attorneys for Defendants
Therese Cannata Attorneys for Plaintiffs
Karl Olson Attorneys for Plaintiffs
Mark Fickes Attorneys for Plaintiffs
Ethan Wicklund Attorneys for Plaintiffs
Gregory Aker Attorneys for Defendants
Megan Burke Attorneys for Defendants
Tamar Burke Attorneys for Defendants

For full print and download access, please subscribe at https://www.trellis.law/.

Motion-Secondary: Kurt Wilson et al. vs City Council of City of Stockton et al.

Preview

Related Topics

Case Info

Parties