HomeMy WebLinkAbout(1996, 02/26) - A-10 - AmendedFTWO
PROCEDURAL RULES FOR THE
CONDUCT OF CITY COUNCIL MEETINGS
1. RULES OF ORDER FOR CITY COUNCIL PROCEEDINGS
A. Rules of Order. Except as provided in this Policy, the City Charter, other
rules or practices followed by the City Council, or applicable provisions
of State law, the procedures of the Council shall be guided by the latest
revised edition of Robert's Rules of Order.
1. Failure to Observe Rules of Order. Rules adopted to expedite the
transaction of the business of the Council in an orderly fashion are
deemed to be procedural only and the failure to strictly observe
such rules shall not affect the jurisdiction of the Council or
invalidate any action taken at a meeting that is otherwise held in
conformity with law.
B. Public Input. Members of the general public have the right to address the
City Council on any item on the agenda, as well as any item under the
subject jurisdiction of the body.
1. Agendized Matters. Speakers on agenda items shall limit their
comments to five (5) minutes and shall step down from the lectern
immediately after their time has elapsed unless the presiding
officer has granted the speaker's request for additional time. The
presiding officer may grant the speaker additional time if they are
addressing the Council on a complicated or complex matter or
represent a group of individuals whose individual testimony
would exceed the total time allotted to the speaker. Speakers shall
limit their comments to matters relevant to the item on the agenda.
2. Non - agendized Matters. The agenda shall contain a public
comment section during which any member of the public may
address the Council on any non - agenda item generally considered
to be a municipal affair and within the subject matter jurisdiction
of the Council. To ensure that all members of the public have an
opportunity to address the Council during public comments, each
speaker shall be limited to three (3) minutes and shall immediately
step down from the lectern upon expiration of the allotted time
unless the presiding officer has granted the speaker's request for
additional time.
2. OFFICERS
A -10 •
A. 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.
1. Powers and Duties of Presiding Officer.
a. Participation. The Presiding Officer may move, debate and
vote from the Chair.
b. Question to be Stated. The Presiding Officer shall state (or
announce) the motion prior to opening any subject to debate
Refer to Section A.2.c.). 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.
C. 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.
d. 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.
B. Parliamentarian. The City Clerk shall be designated as Parliamentarian
for the City Council proceedings to advise the Presiding Officer. Within
the limitations imposed by Robert's Rules of Order, the Presiding Officer
has the authority to determine proper parliamentary procedure.
2•
7 A -10
3. CONDUCT OF BUSINESS
A. Rules of Debate.
1. Gettig the Floor. Every Council member desiring to speak shall
first address the Chair, gain recognition by the Presiding Officer,
and shall confine himself or herself to the question under debate,
avoiding personalities and indecorous language.
2. Opening Debate. The following three steps are necessary prior to
opening debate on any subject except as noted.
a. Motions. Before any subject is open to debate, a motion
must be made. The motion is a proposal in that it sets forth
something the person making the motion favors.
b. Motions - Second Required. A motion by any member of
the Council, including the Presiding Officer, may not be
open to debate without a second. Such action does not mean
that the seconder endorses the motion, but only that he /she
wishes to have the motion considered.
C. Stating of Motion. The motion must be stated (or
announced) by the Presiding Officer prior to opening the
subject to debate.
EXCEPTIONS:
Oral Presentations. Oral presentations may be made by
staff, or someone designated by staff, prior to a motion
being made and debated upon.
Questions to Staff. At any time during the proceedings,
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 herself or to designate a member of his /her staff
for that purpose.
E
A -10 •
Public Hearings. For matters that are the subject of a public
hearing, the procedures for opening debate are suspended
until after the public hearing is closed.
3. Addressing the Council
a. Manner of Addressing Council. Each person desiring to
address the Council shall step up to the microphone in front
of the rail, state his /her name and address for the record,
state the subject he /she wishes to discuss, state whom
he /she is representing if he /she represents an organization
or other persons and, unless further time is granted by the
Mayor, shall limit his /her remarks to five (5) minutes,
except those who under Public Comments section shall be
limited to three (3) minutes. All remarks shall be addressed
to the Council as a whole and not to any member thereof.
No question shall be asked a Council member or a member
of the City staff without the permission of the Presiding
Officer.
EXCEPTION: •
The City Council may preside over administrative hearings or
designate a hearing officer to take evidence and submit
proposed findings and recommendations. In the event the City
Council conducts any hearing that is quasi judicial or
administrative in nature, the following procedure shall be
followed:
1. The presiding officer may ask the City Manager to
summarize the nature of the hearing and the issues to be
resolved by the City Council.
2. The presiding officer shall invite the person or entity
that filed the application for permit, license or other
entitlement (applicant) to make a presentation The
applicant shall have a reasonable amount of time to
present evidence or testimony relevant to any issue
before the City Council. The City Council, City
Manager or City Attorney may ask questions of the
applicant or any witness presented by the applicant •
4
A -lo
3. In the event the matter is pending before the City
Council by virtue of an appeal, the presiding officer
shall invite the appellant to make a presentation. The
appellant shall have a reasonable amount of time to
present evidence or testimony relevant to any issue
before the City Council. The City Council, City
Manager or City Attorney may ask questions of the
appellant or any witness presented by the appellant
4. Upon conclusion of the presentations by the applicant
and the appellant, if any, the presiding officer shall
invite testimony from members of the audience.
5. Prior to closing the hearing, the presiding officer shall
give the applicant the opportunity to comment on the
evidence with the right to comment limited to no more
than five (5) minutes.
6. The presiding officer shall have the discretion to require
the applicant, the appellant and their respective
witnesses, to present testimony under oath.
7. The presiding officer shall have the right to exclude
testimony or evidence which is not relevant to any issue
before the City Council.
S. Hearsay evidence shall be admissible but shall not be
sufficient to sustain a decision or finding unless
corroborated by testimony or evidence that would be
admissible in a Court of law. The presiding officer may
ask the City Attorney for guidance relative to
evidentiary rulings unless the City Attorney is
presenting evidence on behalf of a City department or
City employee, or is otherwise representing any person
or entity adverse to the applicant or appellant
b. Spokesman for Group of Persons. In order to expedite
matters and to avoid repetitious presentations, whenever
any group of persons wishes to address the Council on the
same subject matter, it shall be proper for the Presiding
Officer to request that a spokesman be chosen by the group
to address the Council and, in case additional matters are to
5
A -10 •
be presented by any other member of said group, to limit
the number of such persons addressing the Council, subject
to the right of all members of the public to speak on any
item on the agenda pursuant to the Brown Act.
4. After Motion. After a motion has been made or a public hearing
has been closed, no member of the public shall address the Council
from the audience on the matter under consideration without first
securing permission to do so by a majority vote of the City Council.
5. 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.
6. 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.
7. 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
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.
8. Privilege of Closing Debate. The Council member moving the
adoption of an ordinance, resolution or motion shall have the
privilege of closing debate.
6•
A -10
9. 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.
10. Protest Against Council Action. Any Council member shall have
the right to have the reasons for his or her dissent from, or 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 following
reasons....."
11. 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.
B. Rules of Decorum.
1. Council Members. While the Council is in session, the members
must preserve order and decorum. Each Council member shall
conduct himself or herself with decorum and shall neither, by
conversation or otherwise, delay nor interrupt the proceedings or
the peace of the Council, nor disturb any member while speaking
or refuse to obey the orders of the Presiding Officer. Members of
the Council shall not leave their seats during the meeting without
first obtaining the permission of the Presiding Officer.
2. Decorum of Speakers. Speakers shall not engage in willful conduct
which interrupts the meeting or interferes with the orderly conduct
of the meeting. Any speaker engaging in such conduct shall be
called to order by the presiding officer and, if the conduct
continues, the presiding officer may order the speaker barred from
speaking and /or attending the meeting. No person shall be
declared out of order, prevented from speaking or barred from
attendance at any meeting because of any disagreement with the
speaker's position or view on any matter, because of the speaker's
identity or because of any disagreement with the content of
relevant testimony.
7
A -11 •
3. Members of the Audience. No member of the audience shall
willfully interrupt the orderly conduct at the meeting. The
presiding officer shall direct the removal of any individual whose
willful interruption renders infeasible the orderly conduct of the
meeting. In the event the removal of the individual or individuals
willfully interrupting the meeting does not restore order, the
presiding officer may order the meeting room cleared and continue
in session. Media representatives shall be allowed to remain at the
meeting except those representatives of whose willful conduct
interrupted the meeting.
4. 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.
5. 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.
4. VOTING PROCEDURES
A. 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. Following the vote, the City
Clerk shall audibly announce the results of the vote by name indicating
whether the question carried or was defeated. The same shall be recorded
in the minutes as the vote. 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.
A -10
B. 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.
C. 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.
D. Tie Vote. Tie votes shall be lost motions and may be reconsidered.
E. 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.
F. Reconsideration. A motion to reconsider the vote on any action taken by
the City Council at either this meeting or the previous meeting may be
made only by one of the Council members who voted with the prevailing
side.
5. MISCELLANEOUS
A. Ordinances, Resolutions and Contracts.
1. 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 Manager, or prepared by the City
Attorney on his own initiative. The Planning Commission may
initiate zoning and planning ordinances.
9
A -10
2. Prior Review by Administration Staff. All ordinances, resolutions
and contract documents shall, before presentation to the City
Council be reviewed by the City Manager.
3. 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.
B. 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.
C. Seating Arrangement for City Council. Following each councilmanic
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.
Adopted- August 21,1972
Amended - November 24,1975
Amended - November 28,1977
Amended - July 24,1978
Amended - September 11, 1978
Amended - November 27,1978
Amended - October 23, 1979
Amended - February 9,1981
Amended - June 25,1984
Amended - October 22,1984
Amended - March 24,1986
Amended- January 12,1987
Amended - May 26,1987
Amended - November 28,1988
Amended - August 13,1990
Amended - October 22,1990
Amended - June 28,1993
Amended - March 28,1994
Amended - October 9,1995
Amended - February 26,1996
40
10 •