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HomeMy WebLinkAbout(1972, 08/21) - A-10 - Adopted - (Procedural Rules for Council Meetings) (incorproating A-1 & A-3) - partialA -10 PROCEDURAL RULES FOR THE CONDUCT OF CITY COUNCIL MEETINGS sir 1. Regular Meetings. The City Council shall hold regular meetings on the second and fourth Mondays in each month at the hour ofF '7:30 p.m., in the Council Chamber of the City Hall, 3300 Newport Boulevard, in the City, or in such other place within the City limito which said meeting may be adjourned. If by reason of fire, f od, or other emergency, it shall be unsafe to meet in the City..-'Hall, the meetings may be held for the duration of the emergency a such other place as is designated by the Mayor or, if the Mayor sh ld fail to act, by four members on the City Council. When the d for any regular meeting falls on a legal holiday, no meet in shall be held on such holiday, but a regular meeting shall be he at the same hour on the following business day. 2. Study Sessions. The City Council shalleet in a study session on the second and fourth Mondays in each montW at the hour of 1:30 p.m., in the Council Chamber of the City Hall,/or at such other places as may be determined by the Council, for tho purpose of hearing reports from the staff and reviewing, discussin 'and debating matters of interest to the City. Such session shall b open to the public and press. No official action shall be taken at'`a study session; provided, however, that nothing herein shall be deeAed to prevent the taking of an informal vote on any matter undAr 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 person- ally or by mailing writteg 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 person- ally or by mail and sha-'l1 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. A -10 PROCEDURAL RULES FOR THE CONDUCT OF CITY COUNCIL MEETINGS - Page 2 • 4. Meetings to be 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, from which the public may be excluded, for the purposes of considering the matters referred to in Sections 54947 and 54957.6 of the Goverment Code of the State of California and case law interpretations of; the Ralph M. Brown Act, to wit: A. To consult with the Attorney GenerAal, district attorney, Sheriff or Chief of Police on matters posing a threat to the security of public buildings or i threat to the public's right of access to public services or public facilities; B. To consider matters affecting Abe national security; C. To confer with legal c/une oncerning pending or anticipated litigation; D. To enable the Council with and instruct its designated representat ives prior uring consultations and discussions with representatives oee organizations regarding the salaries, salary schedcompensation paid in the form of fringe benefits of empand for the purpose of meeting with a state conciliat as intervened in the proceedings; and E. To consider the appo ntment, employment or dismissal of a public employee or to hear complaints or charges brought against such employee by another person or employee unless such employee requests a public earing. Notwithstanding any of the provisions of this paragraph the City Council shall not consider the appointment to board, commission or committee in closed session nor shal such appointment be voted upon by secret ballot. Prior to or of r holding any closed session, the City Council shall state th general reason or reasons for the closed session and may cite fn a statutory or other legal authority under which the session being held. In the closed session the City Council may consider only those matters covered in its statement. In the case of spe ial, adjourned and continued meetings, the statement shall be m e as a part of the notice provided for the special, adjourned r continued meeting. Nothing in this paragraph, however, shall be onstrued 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. • IQU] PROCEDURAL RULES FOR THE CONDUCT OF CITY COUNCIL, %MEETINGS - Page 3 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. 5. Agenda. All reports, communications, ordinances, resolutions, contract documents, or other platters to be submitted to the Council for the next 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 underithe direction of the City Manager. The agenda shall be delivered/to the 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 preced' g the meeting. 6. Council Corresponden(le. a) Placing on Age da. Correspondence received in the City Clerk's Of" or other offices after 5:00 p.m. on the Friday follow ng a regular Council meeting shall not be placed on th agenda unless it concerns a matter to be considered y the Council at the next regular meeting or is determi ed by the Mayor or the City Manager to be an urgent mat er which should be brought to the immediate attention of the Council. Correspondence shall not be read alo at a Council meeting unless requested by a majority vote of the Council. b) Authority of City Clerk. The City Clerk is authorized to open d examine all mail or other written communications addre sed to the City Council and to immediately give a copy to the City Manager. The City Manager shall give it imme fate attention to the end that all administrative business referred to in said communication and not neces- sarily requiring Council action may be acted upon between Council meetings, or shall prepare a staff report for the next Council meeting. 7 A -10 PROCEDURAL RULES FOR THE CONDUCT OF CITY COUNCIL MEETINGS - Page 4 Order of Business. The business of the Council shall be taken up for the consideration and disposition in the following order: 1. Pledge of allegiance; 2. Invocation; 3. Call to order and roll call; 4. Special presentations; 5. Approval of the Minutes; 6. Waiver of reading of ordinances and resolutions; 7. Public hearings; 8. Public comments; 9. Consent Calendar; 10. Disposition of items removed from Consent Calendar; 11. Ordinances for adoption; 12. Continued business; 13. Current business; 14. Additional business; and 15. Adjournment. The order of business shall not be changed except by majority vote of the City Council. 8. Consideration of Items of Additional Business. Any member of the City Council, City staff, or the public who desires that an item of additional business be considered by the Council may request such consideration during either a study session or regular or special meeting. With the concurrence of the Council, the item shall be placed on the agenda under Additional Business for formal disposition. It is the general policy of the City Council Co limit items of Additional Business to those of an emergency nature or those for which immediate attention is deemed desirable. 1 L 1/ 11 u r A -1U PROCEDURAL RULES FOR THE CONDUCT OF CITY COUNCIL MEETINGS - Page 5 9. Preparation of Minutes. The City Clerk shall have exclusive responsibility for preparation of the minutes, and any directions for changes in the minutes shall be made only by majority action of the City Council. 10. Reading of Minutes. Unless the reading of the.minutes of a Council meeting is ordered by a majority vote df the Council, such minutes may be approved without reading,if the City Clerk previously furnished each Council member with a copy. 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 Oro Tempore shall preside. In the absence of the Mayor and Mayoi 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. i 12. Powers and Duties of Presiding Officer. a) Participation. The' /Presiding Officer may move, debate and vote from the Chair. b) Seating Arrangement for City Council. Following each councilmanic election, membersof 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 tabr?e 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/6f the Council, selection of Council seats shall bye made alphabetically. c) Question to be Stated. The Presiding Officer or sucll member of the City staff as he or she may. de agnate shall verbally restate each question i ediately 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. F.MK#1 PROCEDURAL RULES FOR THE CONDUCT OF CITY COUNCIL MEETINGS — Page 6 • 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 recogni- tion by the Presiding Officer, and shall confine himself to the question under debate, avoiding personalities and indecorous language. 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 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 Presid— • ing Officer be sustained ?" A majority vote shall conclusively determine such question of order. I is 14. A -10 PROCEDURAL RULES FOR THE CONDUCT OF CITY COUNCIL MEETINGS - Page 7 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 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 ordiyiance, The or motion shall have the privilege of ,closing debate. g) Limitation of Debat No Council member shall be allowed to speak more thanionce upon any particular subject until every other Council member desiring to do so shall have spoken. irks of Council N member may request of having an abstr under considerati the Council cons n in the minutes./ imber and Synopsis of Debate. A Council hrough the Presiding Officer the privilege t of his or her statement on any subject by the Council entered in the minutes. If thereto, such statement shall be entered 15. Protest A airylt 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 he entered in to 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..... " 16. Rules ;of Order. Except as provided in this Code, the City Char"r, other rules or practices followed by the City Council, or plicable provisions of State law, the procedures of the Cou cil shall be governed by the latest revised edition of Ro erts' Rules of Order. 17. 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 precedural 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. U* 19. A -10 PROCEDURAL RULES FOR THE CONDUCT OF CITY COUNCIL MEETINGS - Page 8 • 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 name and address for the record, state the subject he wishes to discuss, state whom he is representing if he represents an organization or other persons, and, unless further time is granted by the Mayor, shall limit his remarks to five (5) minutes except those who under Public Comment 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. 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 be presented by any other member of said group, to limit the number of such persons addressing the Council. c.) 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. Rules of Decorum. a) Council Members. While the Council is in session, the members must preserve order and decorum. Each Council member shall conduct himself 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. b) Persons Addressing the Council. Any person making imperti- nent, slanderous, or profane remarks, or who becomes boister- • ous while addressing the Council shall be called to order by A -10 PROCEDURAL RULES FOR THE CONDUCT OF CITY COUNCIL MEETINGS - Page 9 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 any member of the Council, including the Presiding Officer, may be 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 of a lighting system shall be audibly announced by the City Clerk and recorded in the minutes as the vote. 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. A -10 • PROCEDURAL RULES FOR THE CONDUCT OF CITY COUNCIL MEETINGS - Page 10 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 Manager, or • prepared by the City Attorney on his own initiative. The Planning Commission may initiate zoning and planning ordinances. b) Prior Approval 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. 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