Loading...
HomeMy WebLinkAbout(1993, 06/28) - A-10 - AmendedPROCEDURAL RULES FOR THE CONDUCT OF CITY COUNCIL MEETINGS A -10 Regular Meetings. The City Council shall hold regular meetings on the second and fourth Mondays in each month at the hour of 7:00 p.m., (except only one meeting is to be held during December in which that meeting shall occur on the second Monday) in the Council Chamber of the City Hall, 3300 Newport Boulevard, in the City, or in such other place within the City limits to which said meeting may be adjourned. If by reason of fire, flood, or other emergency, it shall be unsafe to meet in the City Hall, the meetings may be held for the duration of the emergency at such other place as is designated by the Mayor or, if the Mayor should fail to act, by four members on the City Council. When the day for any regular meeting falls on a legal holiday, no meeting shall be held on such holiday, but a regular meeting shall be held at the same hour on the following business day. Meetings to the Public - Exception for Closed Sessions. All regular and special meetings of the City Council shall be public provided, however, the City Council may hold closed sessions during a regular, special or study session meeting, and from which the public shall be excluded, for the purposes of considering the matters referred to in Sections 54956.7, 54956.8, 54956.9, 54957, and 54957.6 of the Government Code of the State of California as well as court rulings and opinions of the Attorney General of the State of California. In summary, these laws authorize the City Council to hold a closed session to do any of the following: 2. Study Sessions. The City Council shall meet in a study session on the second and fourth Mondays in each month at the hour of 2:00 p.m., in the Council Chamber of the City Hall, or at such other places as may be determined by the Council, for the purpose of hearing reports from the staff and reviewing, discussing and debating matters of interest to the City. Such session shall be open to the public and press. No official action shall be taken at a study session; provided, however, that nothing herein shall be deemed to prevent the taking of an informal vote on any matter under discussion. The participation of the public in such sessions shall be subject to the discretion of the Presiding Officer. 3. Special Meetings. Special meetings may be called at any time by the Mayor, or by four members of the City Council, by delivering personally or by mailing written notice to each Council member and to each local newspaper of general circulation, radio or television station requesting notice in writing. Such notice must be delivered personally or by mail and shall be received at least 24 hours before the time of such meeting as 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 such meetings. Such written notice may be dispensed with as to any Council member, who at or prior to the time the meeting convenes, files with the City Clerk a written waiver of notice. Such waiver may be given by telegram. Such written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes. Meetings to the Public - Exception for Closed Sessions. All regular and special meetings of the City Council shall be public provided, however, the City Council may hold closed sessions during a regular, special or study session meeting, and from which the public shall be excluded, for the purposes of considering the matters referred to in Sections 54956.7, 54956.8, 54956.9, 54957, and 54957.6 of the Government Code of the State of California as well as court rulings and opinions of the Attorney General of the State of California. In summary, these laws authorize the City Council to hold a closed session to do any of the following: A -10 • PROCEDURAL RULES FOR THE CONDUCT OF CITY COUNCIL MEETINGS - Page 2 a) To consult with the Attorney General, District Attorney, Sheriff or Chief of Police on matters posing a threat to the security of public buildings or a threat to the public's right of access to public services or public facilities Section 54957); b) To consider matters affecting the national security (Section 54957); c) To confer with, or receive advice from, legal counsel regarding pending litigation (Section 54956.9); d) To meet with and instruct its designated representatives regarding the salaries, salary schedules, compensation paid in the form of fringe benefits of employees, and any mandatory subject within the scope of representation of its represented employees as determined pursuant to the Meyers - Millas -Brown Act; and for the purpose of meeting with the state conciliator who has intervened in the proceedings; and e) To consider the appointment, employment, evaluation of performance, or dismissal of public employee to hear complaints or charges brought against such employee by another person or employee unless such employee requests a public hearing. Notwithstanding any of the provisions of this paragraph, the City Council shall not consider the appointment to any board, commission or committee in closed • session nor shall such appointment be voted upon by secret ballot. (Section 54957). Prior to any closed session, the City Council shall state the general reason or reasons for the closed session and may cite the statutory or other legal authority under which the session is being held. In the closed session the City Council may consider only those matters covered in its statement. In the case of special, adjourned and continued meetings, the statement shall be made as a part of the notice provided for the special, adjourned or continued meeting. Nothing in this paragraph, however, shall be construed to require or authorize the giving of names or other information which would constitute an invasion of privacy or otherwise unnecessarily divulge the particular facts concerning the closed session. No member of the City Council, employee of the City, or any other person present during a closed session of the Council shall disclose to any person the content or substance of any discussion which took place during said closed session unless the City Council shall authorize the disclosure of such information by majority vote. Provided, however, the City Council shall publicly report at the public meeting during which the closed session is held or at its next public meeting any action taken and any roll call vote thereon, to appoint, employ or dismiss a public employee arising out of said closed session of the City Council. A -10 PROCEDURAL RULES FOR THE CONDUCT OF CITY COUNCIL MEETINGS - Page 3 f) To meet and consult with its negotiator prior to the purchase, sale, exchange or lease of real property by or for the local agency to give instructions to its negotiator regarding the price and terms of payment for the purchase, sale, exchange or lease. However, prior to holding any closed session to discuss the terms with the negotiator, the City Council shall hold an open and public session in which it identifies the real property or properties which the negotiations may concern, and the person or persons with whom its representative may negotiate. Agenda. a) All reports, communications, ordinances, resolutions, contract documents, or other matters to be submitted to the Council at a regular meeting shall be delivered to the City Clerk not later than 5:00 P.M. on the Friday following the Monday Council meeting. The City Clerk shall prepare the agenda of all such matters under the direction of the City Manager. The agenda shall be delivered to the City Council Members on the Wednesday preceding the Monday Council meeting to which it pertains and shall be made available to the public no later than 8:30 a.m. on the Thursday preceding the meeting. b) The agenda shall contain a brief description of each item of business to be transacted or discussed. The agenda shall be posted on the bulletin board outside of the personnel office, at the front of City Hall, at least 72 hours before each regular meeting, and the City Clerk shall maintain records of the name of the person posting the agenda, and the date and time of posting. This information shall be presented to the City Council by the Clerk at the meeting for which the agenda is posted, and noted in the minutes of the meeting. 6. Council Correspondence. a) Placing on Agenda. Correspondence received in the City Clerk's Office or other offices after 5:00 p.m. on the Friday following a regular Council meeting shall not be placed on the agenda unless it concerns a matter to be considered by the Council at the next regular meeting or is determined by the Mayor or the City Manager to be an urgent matter which should be brought to the immediate attention of the Council. Correspondence shall not be read aloud at a Council meeting unless requested by a majority vote of the Council. b) Authority of Citv Clerk. The City Clerk is authorized to open and examine all mail or other written communications addressed to the City Council and to immediately give a copy to the City Manager. The City Manager shall give it immediate attention to the end that all administrative business referred to in said communication and not necessarily requiring Council action may be acted upon between Council meetings, or shall prepare a staff report for the next Council meeting. A -10 • PROCEDURAL RULES FOR THE CONDUCT OF CITY COUNCIL MEETINGS - Page 4 7. Order of Business. The business of the Council shall be taken upfortheconsiderationanddispositioninthefollowingorder: Pledge of allegiance; Invocation; Special presentations; Call to order and roll call; Approval of Minutes; Waiver of reading of ordinances and resolutions; Consent Calendar; Public hearings; Disposition of items removed from Consent Calendar; Public comments; Ordinances for adoption; Continued business; Current business; and • Adjournment. The order of business shall not be changed except by majority voteoftheCityCouncil. 8. Consideration of Off- Avenda Items. No action may be taken on anoff - agenda item unless: (a) Majority of those present determine that an emergency situation exists; or (b) two - thirds of the members, or all of the members if less than two - thirds are present, determine that the need to take action on the item arose subsequent to the posting of the agenda; or (c) the item was included in a properly posted agenda for prior meeting occurringnotmorethanfivedayspriortothemeetingatwhichtheactionistakenandthematterwascontinuedtothemeetingatwhichactionistaken. It is inevitable that subjects will be discussed, either during the course of consideration of agendaitemsorduringpubliccomment, on which no action can be takenbecausethecircumstancesoutlinedin (a - c) above do not exist. In such event, the Mayor shall have the power to refer the matter to staff, or to place the item on the agenda of a future meeting, or both. 9. Preparation of Minutes. The City Clerk shall have exclusive responsibility for preparation of the minutes, and any directionsforchangesintheminutesshallbemadeonlybymajorityactionoftheCityCouncil. 10. Reading of Minutes. Unless the reading of the minutes of a Council meeting is ordered by a majority vote of the Council, such minutes may be approved without reading if the City Clerk • previously furnished each Council member with a copy. A -10 PROCEDURAL RULES FOR THE CONDUCT OF CITY COIINCIL MEETINGS - Page 5 11. Presiding Officer. The Mayor shall be the Presiding Officer at all meetings of the City Council. In the absence of the Mayor, or at the Mayor's request, the Mayor Pro Tempore shall preside. In the absence of the Mayor and Mayor Pro Tempore, the City Clerk shall call the Council to order, whereupon a temporary Presiding Officer shall be elected by the Council members present to serve until the arrival of the Mayor or Mayor Pro Tempore. 12. Powers and Duties of Presiding Officer. a) Participation. The Presiding Officer may move, debate and vote from the Chair. b) Seatin Arran ement for City Council. Following each counci manic election, members of the City Council shall be seated at the Council table with senior Council members having first choice of seats. The Mayor, however, shall be seated in the center of the Council table and the Mayor Pro Tempore shall always be seated immediately next to and to the right of the Mayor. In the event of equal seniority among members of the Council, selection of Council seats shall be made alphabetically. c) Question to be Stated. The Presiding Officer or such member of the City staff as he or she may designate shall verbally restate each question immediately prior to calling for the vote. Following the vote, the City Clerk shall announce whether the question carried or was defeated. The Presiding Officer in his or her discretion may publicly explain the effect of a vote for the audience, or he or she may direct a member of the City Staff to do so, before proceeding to the next item of business. d) Signing of Documents. The Presiding Officer shall sign all ordinances, resolutions, contracts and other documents necessitating his or her signature which were adopted in his or her presence, unless he or she is unavailable, in which case the signature of an alternate Presiding Officer may be used. e) Sworn Testimony. The Presiding Officer may require any person addressing the City Council to be sworn as a witness and to testify under oath, and the Presiding Officer shall so require if directed to do so by a majority vote of the Council. 13. Rules of Debate. a) Getting the Floor. Every Council member desiring to speak shall first address the Chair, gain recognition by the Presiding Officer, and shall confine himself to the question under debate, avoiding personalities and indecorous language. A -10 PROCEDURAL RULES FOR THE CONDUCT OF CITY COUNCIL MEETINGS - Page 6 b) Questions to Staff. Every Council member desiring to question the City staff shall, after recognition by the Presiding Officer, address the questions to the City Manager, the City Clerk or the City Attorney, who shall be entitled either to answer the inquiry himself or to designate a member of his staff for that purpose. c) Interruptions, A Council member, once recognized, shall not be interrupted when speaking unless called to order by thePresidingOfficer, unless a point of order or personal privilege is raised by another Council member, or unless the speaker chooses to yield to a question by another Council member. If a Council member, while speaking, is called to order, he or she shall cease speaking until the question of order is determined and, if determined to be in order, he or she may proceed. Members of the City staff after recognition by the Presiding Officer shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer. d) Points of Order. The Presiding Officer shall determine all points of order subject to the right of any Council member to appeal to the Council. If an appeal is taken, the question shall be "Shall the decision of the PresidingOfficerbesustained ?" A majority vote shall conclusivelydeterminesuchquestionoforder. e) Point of Personal Privile e. The right of a Council member to address the Council on a question of personal privilege shall be limited to cases in which the integrity, character or motives are questioned or where the welfare of the Council is concerned. A Council member raising a point of personal privilege may interrupt another Council member who has the floor only if the Presiding Officer recognizes the privilege. f) Privilege of Closine Debate. The Council member moving the adoption of an ordinance, resolution or motion shall have the privilege of closing debate. g) Limitation of Debate. No Council member shall be allowed to speak more than once upon any particular subject until every other Council member desiring to do so shall have spoken. 14. Remarks of Council Member and S9nopsis of Debate. A Council member may request through the Presiding Officer the privilege of having an abstract of his or her statement on any subject underconsiderationbytheCouncilenteredintheminutes. If the Council consents thereto, such statement shall be entered in the minutes. 15. Protest Against Council Action. Any Council member shall have therighttohavethereasonslorhisorherdissentfrom, of his or her protest against, any action of the Council entered in the minutes. Such dissent or protest to be entered into the minutes shall be made in the following manner: "I would like the minutes to show that I am opposed to this action for the followingreasons....." A -10 PROCEDURAL RULES FOR THE CONDUCT OF CITY COUNCIL MEETINGS Page 7 c) Interruptions. A Council member, once recognized, shall not be interrupted when speaking unless called to order by the Presiding Officer, unless a point of order or personal privilege is raised by another Council member, or unless the speaker chooses to yield to a question by another Council member. If a Council member, while speaking, is called to order, he or she shall cease speaking until the question of order is determined and, if determined to be in order, he or she may proceed. Members of the City staff after recognition by the Presiding Officer shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer. d) Points of Order. The Presiding Officer shall determine all points of order subject to the right of any Council member to appeal to the Council. If an appeal is taken, the question shall be "Shall the decision of the Presiding Officer be sustained?" A majority vote shall conclusively determine such question of order. e) Point of Personal Privilege. The right of a Council member to address the Council on a question of personal privilege shall be limited to cases in which the integrity, character or motives are is questioned or where the welfare of the Council is concerned. A Council member raising a point of personal privilege may interrupt another Council member who has the floor only if the Presiding Officer recognizes the privilege. f) Privilege of Closing Debate. The Council member moving the adoption of an ordinance, resolution or motion shall have the privilege of closing debate. g) Limitation of Debate. No Council member shall be allowed to speak more than once upon any particular subject until every other Council member desiring to do so shall have spoken. 14. Remarks of Council Member and Synopsis of Debate. A Council member may request through the Presiding Officer the privilege of having an abstract of his or her statement on any subject under consideration by the Council entered in the minutes. If the Council consents thereto, such statement shall be entered in the minutes. 15. Protest Against Council Action. Any Council member shall have the right to have the reasons for his or her dissent from, of his or her protest against, any action of the Council entered in the minutes. Such dissent or protest to be entered into the minutes shall be made in the following manners "I would like the minutes to show that I am opposed to this action for the following reasons....." A -10 • PROCEDURAL RULES FOR THE CONDUCT OF CITY COUNCIL MEETINGS - Page 8 b) Persons Addressing the Council. Each person addressing the Council shall conduct themselves in a manner to promote informative discussion for consideration of Council matters and shall confine their remarks to the matters at hand. Any person making repetitious or irrelevant remarks, or who makes impertinent, slanderous, or profane remarks, or who becomes boisterous, or engages in any other disorderly conduct which disrupts, or otherwise impedes the orderly conduct of the Council meeting while addressing the Council shall be called to order by the Presiding Officer and, if such conduct continues may, at the discretion of the Presiding Officer, be ordered barred from further audience before the Council during that meeting. No person shall be ruled out of order or barred from further audience before the Council because of disagreement with the person's viewpoint on a Council matter or because of the speaker's identity. c) Members of the Audience. No person in the audience shall engage in disorderly conduct such as hand clapping, stamping of feet, whistling, using profane language, yelling, and similar demonstrations, which conduct disturbs the peace and good order of the meeting, or refuse to comply with the lawful orders of the Presiding Officer. Upon instructions from the Presiding Officer it shall be the duty of the Sergeant -at -Arms to remove any such person from the Council Chamber and to place them under arrest. d) Persons Authorized to be Within Rail. No person except members of the Council and the City staff shall be permitted within the rail without the consent of the Presiding Officer. e) Enforcement of Decorum. The Chief of Police, or such member or members of the Police Department as he may designate, shall be Sergeant -at -Arms of the City Council and shall carry out all orders given by the Presiding Officer for the purpose of maintaining order and decorum at the Council meetings. Any Council member may move to require the Presiding Officer to enforce the rules upon affirmative vote of a majority of the Council. 20. Motions - Second not Required. A motion by an member of the Council, including the Presiding Officer, may L considered by the Council without receiving a second. 21. Voting Procedure. Any vote of the Council, including a roll call vote, may be registered by the members by answering "Yes" for an affirmative vote or "No" for a negative vote upon the member's name being called by the City Clerk, or by pressing a switch to cause a green light to show for an affirmative vote or a red light to show for a negative vote, upon a vote being called for by the Presiding Officer. The result of any vote registered by means ofgyalightingsystemshallbeaudiblyannouncedtheCityClerkand recorded in the minutes as the vote. 0 PROCEDURAL RULES FOR THE CONDUCT OF CITY COUNCIL MEETINGS - Page 9 A -10 22. Disqualification for Conflict of Interest. Any Council member who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state or have the Presiding Officer state the nature of such disqualification in open meeting. Where no clearly disqualifying conflict of interest appears, the matter of disqualification may, at the request of the Council member affected, be decided by the other Council members. A Council member who is disqualified by reason of a conflict of interest in any matter shall not remain in his or her seat during the debate and vote on such matter, but shall request and be given the permission of the Presiding Officer to step down from the Council table. A Council member stating such disqualification shall not be counted as a part of a quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter. 23. Failure to Vote. Every Council member should vote unless disqualified by reason of a conflict of interest. A Council member who abstains from voting in effect consents that a majority of the quorum may decide the question voted upon. 24. Tie Vote. Tie votes shall be lost motions and may be reconsidered. 25. Changing Vote. A member may change his vote only if he makes a timely request to do so immediately following the announcement of the vote by the City Clerk and prior to the time that the next item in the order of business is taken up. 26. Reconsideration. A motion to reconsider any action taken by the City Council may be made only by one of the Council members who voted with the prevailing side. 27. Ordinances. Resolutions and Contracts. a) All ordinances, resolutions and contracts shall be prepared by the City Attorney. No ordinance shall be prepared for presentation to the Council unless ordered by a majority vote of the Council, or requested by the Mayor, or City Mana *er, or prepared by the City Attorney on his own initiative. The Planning Commission may initiate zoning and planning ordinances. b) Prior Ayyroval by Administration Staff. All ordinances, resolutions and contract documents shall, before presentation to the Council, have been approved as to form and legality by the City Attorney and shall have been examined and approved for administration by the City Manager or his authorized representative. 28. Reading of Ordinances and Resolutions. If a motion to waive reading of all ordinances and resolutions has been adopted at the beginning of the Council meeting, the City Clerk will read the ordinances and resolutions by title only. If any Council member so requests, the ordinance or resolution shall be read in full. A -10 PROCEDURAL RULES FOR THE CONDUCT OF CITY COUNCIL MEETINGS - Page 10 29. Council Meeting Length. It is the intent of the City Council that no additional item will be introduced on a City Council agenda after the hour of 11:00 p.m. Furthermore, it is the City Council's intent that if the item introduced and being discussed by 11:00 p.m. is not concluded by 12:00 p.m., the Council should adjourn the meeting to another date. The intent and purpose of this policy is to encourage a reasonable hour in which the Council business is discussed and to protect against fatigue in discussing and deciding important City issues. Adopted - August 21, 1972 Amended - March 24, 1986 Amended - November 24, 1975 Amended - January 12, 1987 Amended - November 28, 1977 Amended - May 26, 1987 Amended - July 24, 1978 Amended - November 28, 1988 Amended - September 11, 1978 Amended - August 13, 1990 Amended - November 27, 1978 Amended - October 22, 1990 Amended - October 23, 1979 Amended - June 28, 1993 Amended - February 9, 1981 Amended - June 25, 1984 Amended - October 22, 1984 Amended - June 24, 1985 r LJ