Loading...
HomeMy WebLinkAbout2024-31 - Amending City Council Policies A-1 "City Council," A-2 "Boards, Commissions & Committees," D-1 "Media Relations," and D-5 "Digital Communication" to Ensure That the Public Can Discern When a Communication Made by a City Official, Officer, EmployRESOLUTION NO. 2024-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING CITY COUNCIL POLICIES A-1 "CITY COUNCIL," A-2 "BOARDS, COMMISSIONS & COMMITTEES," D-1 "MEDIA RELATIONS," AND D-5 "DIGITAL COMMUNICATION" TO ENSURE THAT THE PUBLIC CAN DISCERN WHEN A COMMUNICATION MADE BY A CITY OFFICIAL, OFFICER, EMPLOYEE OR CONSULTANT IS BEING MADE ON BEHALF OF THE CITY OR IS A PERSONAL COMMUNICATION WHEREAS, the City of Newport Beach ("City") is governed by its Charter, Municipal Code, and adopted City Council Policies; WHEREAS, Council Policy A-1 (City Council) and Council Policy A-2 (Boards, Commissions & Committees) sets forth City policies that apply to the City Council and City board, commissions and committees including, but not limited to, provisions related to the conveyance of information regarding the official positions and policies of the City, WHEREAS, Council Policy D-1 (Media Relations) sets forth City policy that applies to communications with the news media including, but not limited to, provisions governing who is authorized to respond to media inquiries and disseminate official information; WHEREAS, Council Policy D-5 (Digital Communication) sets forth City policy that applies to the use of digital communication tools including, but not limited to, use of websites and social media platforms; WHEREAS, in the recent case of Lindke v. Freed 601 U.S. (2024) the United States Supreme Court clarified the applicable legal standard to distinguish between public and personal communications made by elected and appointed officials, officers, employees and other persons that are engaged by a public entity; and WHEREAS, the City Council of the City of Newport Beach desires to revise City Council Policies A-1, A-2, D-1, and D-5, to ensure that the public can discern when a communication by an appointed or elected City official, officer, employee or consultant is being made on behalf of the City or is a personal communication. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows.. Resolution No. 2024-31 Page 2 of 3 Section 1: The City Council hereby adopts City Council Policy A-1 as shown in Exhibit 1, City Council Policy A-2 as shown in Exhibit 2, City Council Policy D-1 as shown in Exhibit 3, and City Council Policy D-5 as shown in Exhibit 4, each of which is attached hereto and incorporated herein by this reference. Section 2: All prior versions of City Council Policies A-1, A-2, D-1, and D-5 that are hereby repealed. Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 4: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 5: Except as expressly modified in this resolution, all other City Council Policies, sections, subsections, terms, clauses and phrases set forth in the Council Policy Manual shall remain unchanged and shall be in full force and effect. Section 6: The City Council finds the adoption of this resolution and the amendment of the foregoing Council Policies is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Resolution No. 2024-31 Page 3 of 3 Section 7: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 14th day of May, 2024. Will O'Nei Mayor APPROVED AS TO FORM: CITY TTORNEY'S OFFICE AarlQn C. Harp City Attorney Attachments: Exhibit 1 — Revised City Council Policy A-1 Exhibit 2 — Revised City Council Policy A-2 Exhibit 3 — Revised City Council Policy D-1 Exhibit 4 — Revised City Council Policy D-5 EXIIIBIT 1 A-1 CITY COUNCIL Open Meeting Policies The Newport Beach City Council is required to comply with the Ralph M. Brown Act (Brown Act). Unless an exception applies, the Brown Act requires public entities to deliberate and take action, in open session. The City Council has adopted these rules to ensure compliance with the Brown Act and to promote full citizen participation in the discussions and decisions of their elected and appointed representatives. A. Regular Meetings. The City Council shall hold Regular Meetings as allowed by the City Charter and the Ralph M. Brown Act. The Regular Meeting shall begin at 4:00 p.m., or as otherwise scheduled due to the demand of business, and shall follow the order of business set forth in this policy. The City Council may hold a regular meeting, special meeting, or adjourned regular or special meeting at any location authorized by the City Charter and the Brown Act. 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 hours on the following business day. B. All regular, special, and adjourned meetings of the City Council shall be called, noticed, and conducted in compliance with the Brown Act. C. Placing an Item(s) on a Future City Council Agenda. A member of the City Council may place an item(s) on a future City Council agenda for consideration by submitting a title or topic sufficient to satisfy the requirements of the Brown Act on or before 5:00 p.m. on the Tuesday preceding the meeting at which the item is to be considered. Item(s) to be placed on a future City Council agenda shall be primarily focused on issues that directly impact the finances, property, authority, policies, or interest of the City of Newport Beach and/or finances, property, or rights of the residents of the City of Newport Beach. When requested, the City Attorney shall assist a City Council Member with the drafting of an agenda title or topic to ensure consistency with the Brown Act. These items will appear under the section of the agenda titled, "Matters Which Council Members Have Asked to be Placed on a Future Agenda" and any Council Member may ask clarifying questions regarding the item to ensure understanding of the matter. At the Council meeting, if three (3) members of the City Council wish to examine the issue, staff will prepare an appropriate report and return the item to the City Council for discussion and/or action. Additionally, the City Manager may place an item(s) on the agenda at the City Manager's discretion. D. It is the intent of the City Council that no 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 an item introduced and being discussed by 11:00 p.m. is not concluded by 12:00 a.m., the City Council should adjourn the meeting to another date. The intent and purpose of this policy is to encourage a reasonable hour in which the City Council business is discussed and to protect against fatigue in discussing and deciding important City issues. A-1 Order ofBasiness To the extent the business needs of the City require City Council consideration of the items set forth below, the agenda for Regular Meetings of the City Council shall contain the following items in the following order: Study Session (if any) Current Business (if Study Session is scheduled) • Clarification of Items on the Consent Calendar • Presentations (will be considered with the remainder of the Regular Meeting agenda items if no Study Session is scheduled) • Study Session Items Public Comments on Agenda and Non -Agenda Items (if Study Session and/or Closed Session is scheduled) Closed Session (if any) - Council Chambers Conference Room Recess (if Study Session and/or Closed Session is scheduled) Regular Meeting Agenda Items (at 4:00 p.m. or, if there is Study Session and/or Closed Session, when the meeting is reconvened) Roll Call Closed Session Report Invocation Pledge of Allegiance Notice to the Public Public Comments on Agenda Items (if Study Session and/or Closed Session is not scheduled) City Council Announcements and Oral Reports from City Council on Committee Activities (non -discussion item) Matters Which Council Members Have Asked to be Placed on a Future Agenda (non - discussion item — Council Members may ask clarifying questions) Public Comments on Consent Calendar Consent Calendar: 2 IW1 A. Reading of Minutes and Ordinances B. Ordinances for Introduction C. Ordinances for Adoption D. Resolutions for Adoption E. Contracts and Agreements F. Miscellaneous (for example: Planning Commission Agendas, budget amendments, and permit applications) Items Removed from the Consent Calendar Public Comments on Non -Agenda Items Public Hearings Continued Business Current Business Motions for Reconsideration Continued Closed Session, ifnecessary (report ifapplicable) Adjournment The Mayor shall have the discretion to change the order of business. Council Members may change the order of business by majority vote of the City Council. 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. 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 and Consent Calendar. Speakers on agenda items, including, but not limited to, Consent Calendar items, shall limit their comments to three (3) minutes and shall step down from the lectern immediately after their time has A-1 elapsed unless the presiding officer has granted the speaker's request for additional time. The presiding officer may grant the speaker additional time if the speaker is addressing the Council on a complicated or complex matter or if the speaker represents 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. Staff and/ or members of the City Council may briefly respond to each speaker who testifies during public comments. Responses shall be limited to the specific issue(s) raised by the speaker and shall generally be limited to information helpful to the public's understanding of the issue(s) raised by the speaker. The City Council shall not take action relative to any public comment unless an action would be authorized by Section 54954.2(b) of the Government Code, or any successor statute. 3. Consent Calendar. A Consent Calendar item may be pulled by the Mayor or a member of the City Council. If a Consent Calendar item is pulled, members of the public may speak on each pulled item for up to three (3) minutes, unless the presiding officer has granted the speaker's request for additional time. Officers 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 City Council to order, whereupon a temporary Presiding Officer shall be elected by the City 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. 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. 4 A-1 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. Conduct of City Council Business A. Rules of Debate. Getting the Floor. Every Council Member desiring to speak shall first address the Presiding Officer, 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: i. Oral Presentations. Oral presentations may be made by staff, or someone designated by staff, prior to a motion being made and debated upon. A-1 ii. 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. iii. 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, may state his/ her name and address for the record, state the subject he/ she wishes to discuss, may state whom he/ she is representing if he/ she represents an organization or other persons and, unless further time is granted by the Mayor, and shall limit his/ her remarks to three (3) minutes. All remarks shall be addressed to the Council as a whole and not to any member thereof or to the audience. 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: i. 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. ii. 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. iii. 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. [-1 A-1 iv. Upon conclusion of the presentations by the applicant and the appellant, if any, the presiding officer shall invite testimony from members of the audience. V. 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. vi. The presiding officer shall have the discretion to require the applicant, the appellant, and their respective witnesses, to present testimony under oath. vii. The presiding officer shall have the right to exclude testimony or evidence which is not relevant to any issue before the City Council. b. Spokesman for Group of Persons. To expedite matters and to avoid repetitious presentations, whenever any group of persons wishes to address the City 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 City 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 City 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 City 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. I: 5 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. 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. 9. 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 may be made in the following manner: "I would like the minutes to show that I am opposed to this action for the following reasons" 10. Remarks of Council Member and Sepsis 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 City 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 City Council, nor disturb any member while speaking or refuse to obey the orders of the Presiding Officer. a. Each Council Member has the duty to: i. Respect and adhere to the American ideals of government, rule of law, principles of public administration and high ethical conduct in the performance of public duties. ii. Represent and work for the common good of the City and not for any private interest. iii. Refuse to accept gifts of favors or promises of future benefits which might compromise or tend to impair independent judgment or action. iv. Provide fair and equal treatment for all persons and matters coming before the City Council. 8 A-1 V. Learn and study the background and purpose of important items of business before voting. vi. Faithfully perform all duties of office. vii. Refrain from disclosing any information received during any closed session of the City Council held pursuant to state law. viii. Decline any employment incompatible with public duty. ix. Refrain from abusive conduct, personal charges or verbal attacks upon the character, motives, ethics or morals of other members of the City Council, City commission, committee or board, City staff, or the public, or other personal comments not germane to the issues before the City Council. Members are to be tolerant of all views expressed at public meetings. X. Listen courteously and attentively to all public discussions at City Council meetings and avoid interrupting other speakers, including other members except as permitted by established Rules of Order. xi. Maintain the highest standards of public conduct by refusing to condone breaches of public trust or improper attempts to influence legislation. 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. 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 Approach the City Council Dais. No person except members of the City Council and the City staff shall enter the area between the public speakers' podiums and the City Council Dais without the consent of the Presiding Officer. 9 Ill 5. Enforcement of Decorum. The Chief of Police, or such member or members of the Police Department as he or she 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 City Council. Ex Parte Communications Members of the City Council, and City employees, agents and representatives shall not engage in any Ex Parte communication with any member of a Board, Commission or Committee regarding any quasi-judicial matter pending, or reasonably expected to come, before that member's Board, Commission, or Committee. For purposes of this policy, the term Ex Parte communication shall mean any oral or written communication directed to a member which is intended, or is reasonably calculated, to influence the member's decision on any quasi-judicial matter but does not include communications between members during deliberations preliminary to decision or communications where all interested parties or their representatives are present. The term quasi-judicial matter shall mean the appeal of any discipline imposed on any City employee, the appeal of any grievance filed by a City employee or employee association, or a proceeding to revoke any license, permit or approval granted by the City Council, any Board, Commission, or Committee, or any City employee and which is pending, or is reasonably expected to come, before any City Board, Commission, or Committee. The provisions of this policy do not apply to Ex Parte communications between City employees and any member of a Board, Commission or Committee regarding a quasi -judicial -matter which has been submitted to, or can reasonably be expected to be heard by, the Board, Commission, or Committee when the Ex Parte communication is initiated by the member and requests only background information available to members of the general public. City Council Voting Procedures A. Voting Procedure. Any vote of the City Council, including a roll call vote, may be registered by the members by answering "Yes" for an affirmative vote, "Abstain" for an abstention, or "No" for a negative vote upon the member's name being called by the City Clerk, or 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. 10 FEW 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 the nature of such disqualification in an 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. If the conflict involves a matter on the Consent Calendar the Council Member must announce the nature of the conflict, refrain from participating on the item, but may remain present at the City Council Dais. 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. The vote of Council Member who abstains absent a disqualifying conflict of interest shall be counted with the majority vote of the quorum on the question vote upon. D. Tie Vote. Tie votes shall be lost motions and may be reconsidered by any Council Member. E. Changing A Council Member may change his or her vote only if the Council Member 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 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. Closed Session Agenda The closed session agenda shall be prepared by the City Attorney. The closed session agenda shall strictly conform to the format specified in the Brown Act. The City Attorney shall prepare a written report, or give an oral report, of any action taken in closed session that is required to be reported in open session by the Brown Act. Selection of Mayor and Mayor Pro Tem Section 404 of the City Charter provides for the selection of the Mayor and the Mayor Pro Tern by the City Council. This section provides that a Mayor and a Mayor Pro Tern shall be selected at least as often as Councilmanic elections are held and that the Mayor and Mayor Pro Tern shall serve at the pleasure of the City Council. Effective with the selection of the Mayor and the Mayor Pro Tern during November of 1984, it is the policy of the City Council that the Mayor and the Mayor Pro Tern election shall occur every year thereafter. The election shall take place pursuant to Section 404 of the City Charter. 11 A-1 Seating Arrangementfor City Council Following each Council election, members of the City Council shall be seated at the City Council table with senior Council Members having first choice of seats. The Mayor, however, shall be seated in the center of the City 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 City Council, selection of City Council seats shall be made by the Council Member who received the highest margin of victory percentage in the most recent election. City Council Correspondence 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 immediate attention to administrative business referred to in the communication that does not require City Council action and may be promptly concluded or shall prepare a staff report for the next available City Council meeting. Except as otherwise permitted by law, all mail or written communications from the public, residents, or applicants shall be submitted to the City Council by 5:00 p.m. on the Monday immediately prior to the meeting at which the City Council will consider the item that is the subject of the mail or written communications to allow time for the City Council to adequately consider the mail or written communications. Ordinances, Resolutions and Contracts A. Ordinances, Resolutions and Contracts. 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 or her own initiative. The Planning Commission may initiate zoning and planning ordinances. B. Prior Review by Administration Staff. All ordinances, resolutions and contract documents shall, before presentation to the City Council be reviewed by the City Manager or his/ her designee. C. Reading of Ordinances. If a motion to waive reading of all ordinances has been adopted at the beginning of the Council meeting, the City Clerk will read the ordinances by title only. If any Council Member so requests, the ordinance shall be read in full. Preparation and Reading of Minutes The City Clerk shall have the 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. Unless the reading of the minutes of a City Council meeting is ordered by a majority vote of the City Council, such minutes may be approved without reading if the City Clerk previously furnished each City Council Member and the public binder and website with a copy. 12 A-1 Recording of Open Meetings A. All regular meetings of the City Council shall be recorded. B. Any person attending an open and public meeting of the City Council shall have the right to record the proceedings with an audio or video tape recorder or a still or motion picture camera unless the City Council determines, based upon evidence in findings made by the Mayor, that continued recording would create noise, illumination, or view obstruction problems that are disrupting or would disrupt the proceedings. The Mayor may impose conditions on any recordation, which in the absence of the conditions, would disrupt the proceedings. C. Any audio tape or video record of any open and public meeting made by or at the direction of the City of Newport Beach shall be subject to inspection pursuant to the California Public Records Act (Sections 6250 et seq. of the Government Code). If a City Council meeting has simultaneously recorded audio and video, the audio recording may be destroyed after the City Council meeting minutes for that meeting have been approved by the City Council and the video recording has been uploaded to the document imaging system. Any person may inspect a video or audio recording without charge on a recorder made available by the City of Newport Beach. City Council Member Requests for Research orinformation The City of Newport Beach is a City Council -City Manager form of government. The City Council appoints a City Manager to implement policy, to ensure laws are enforced, to direct the daily operations of City government, and to prepare and monitor the municipal budget. Because Council Policy is implemented on a daily basis through City staff, it is critical that the relationship between the City Council and City staff be well understood by all parties so that policies and programs may be implemented successfully. The purpose of this policy is to further guide the implementation of Charter Section 406 (Interference in Administrative Service) so that the long tradition of positive relationships between members of the City Council and City staff is maintained. A. General Interactions with City Staff- 1. The City Manager, City Attorney, and City Clerk are appointed directly by the City Council to provide executive, administrative, and legal services. In many cases, the City Manager encourages direct contact with department directors within this Policy's guidelines, thus enabling the Council Member to get appropriate information quickly and easily. 2. If a Council Member's request is expected to take more than thirty (30) minutes (or in the case of a request from the Mayor, two (2) hours) to research, gather information, report on or otherwise respond to any inquiry, the City Manager, City Attorney, or City Clerk shall ask that the Council Member or Mayor place the request on the agenda for formal Council action before staff spends time or resources on the request. 13 A-1 B. Requests for Information or Research: 1. For new issues, actions, or research proposed by a Council Member that require approval by the City Council, Council Members will follow the procedure provided in this policy to place an item on the City Council agenda. 2. For issues or actions that have been previously approved by the City Council, or which do not require City Council approval, Council Members will, depending on the nature of the request, route the request for information or research through the City Manager, City Attorney, or City Clerk. It shall be the responsibility of the City Manager, City Attorney, or City Clerk to promptly respond as to their recommended disposition of the request. Upon authorization by the City Manager, City Attorney, or City Clerk, the Council Member may communicate directly with other city staff members (such as department directors) or City consultants. 3. Council Members' contact with City staff or City consultants, other than City Council appointees, is limited to asking questions and obtaining information and not giving direction or assignments. Expressions of Official City Position or Policy Council Members are authorized to convey information to the public: as provided for by Council Policy; by law; that is factual in nature, (e.g., about City programs, projects, and other City business); as well as official positions and policies of the City that have been approved by the City Council as a body. If a member of the City Council desires that a particular official City position or policy be established or expressed on a given issue not previously approved by the City Council, the Council Member shall submit their recommendations on said position or policy to the entire City Council, as provided in this Policy, for evaluation and disposition as the City Council sees fit. Except as provided in this Policy, any City Council Member who wishes to communicate a statement or opinion regarding any matter which the City Council has not taken an official position on shall ensure that said statement or opinion cannot be construed by the public as being an official position or policy of the City. When communicating such opinion or statement, a City Council Member shall not use City equipment, City email addresses, or City stationery. Additionally, such communications shall make it clear that the Council Member is expressing their own personal opinion. The City Council finds this policy furthers an important public purpose by ensuring the public does not confuse personal opinions expressed by City Council Members with official expressions of City policy. 14 A-1 Use of City Stationery and Email Members of the City Council are authorized to use City stationery and email when corresponding on matters relating to official City business. Correspondence shall identify the author of the correspondence and email. Use of City stationery or email for private personal matters or statements of personal opinion is not permitted. The style and content of City stationery utilized by individual City departments, shall be approved by the City Manager to minimize the number of styles and promote use of a City-wide standard. Private Digital Communications Digital communication(s) by a Council Member on a Digital Communication Platform, as that term is defined in Council Policy D-5, that is owned or controlled by a Council Member or a third -parry (i. e., someone other than the City) and which discusses matters within the subject matter jurisdiction of the City Council, shall be deemed to be made in their personal capacity. Digital communications by a Council Member through a Digital Communication Platform owned or controlled by the Council Member or a third -parry that discusses City matters shall make it clear that the Council Member is not speaking on behalf of the City (i.e., "views expressed are my own"). All social media platforms owned or controlled by the Council Member that discusses City matters shall contain a notice that they are the personal page of the Council Member. 15 A-1 History Adopted A-1 - 02-09-1959 ("Seconds to Motions") Adopted A-3 - 02-09-1959 ("Seating of Councilmen") Adopted A-6 - 11-13-1967 ("Recording of Meetings") Amended A-1 & A-3 - 11-12-1968 Reaffirmed A-1, A-3 & A-6 - 03-09-1970 Reaffirmed A-1, A-3 & A-6 - 02-14-1972 Adopted A-3 - 05-08-1972 ("City Council Instructions to Staff') Adopted A-10 - 08-21-1972 ("Procedural Rules for Council Meetings", incorporating A-1&A-3) Amended A-10 - 11-24-1975 Amended A-6 - 06-13-1977 Amended A-6 - 10-25-1977 Amended A-10 - 11-28-1977 Amended A-10 - 07-24-1978 Amended A-10 - 09-11-1978 Amended A-10-11-27-1978 Adopted A-13 - 02-12-1979("Use of City Stationary") Amended A-10 - 10-23-1979 Amended A-10 - 11-12-1979 Amended A-10 - 07-28-1980 Amended A-6 & A-10 - 02-09-1981 Deleted A-3 - 02-09-1981 Amended A-1 - 10-25-1982 Amended A-10 - 06-25-1984 Amended A-10 - 10-22-1984 Adopted A-1 - 11-20-1984 ("Election of Mayor and Mayor Pro Tern") Amended A-10 - 06-24-1985 Amended A-10 - 03-24-1986 Amended A-10 - 01-12-1987 Amended A-10 - 05-26-1987 Amended A-10 - 11-28-1988 Amended A-10 - 11-27-1989 Amended A-13 - 01-08-1990 Amended A-10 - 08-13-1990 Amended A-10 - 10-22-1990 Amended A-10 - 06-28-1993 Created A -I I - 01-24-1994 (Recording of Council Meetings") Amended A-6 - 01-24-1994 (renamed to "Open Meetings") Amended A-1 - 01-24-1994 Amended A-13 - 01-24-1994 (changed to A-8) Amended A-6 & A-10 - 03-28-1994 Amended A-6 - 06-27-1994 Amended A-6 - 12-12-1994 Amended A-11 - 02-27-1995 A-1 Amended A-10 - 10-09-1995 Corrected A-1 & A-8 - 02- 26-1996 Amended A-10 - 02-26-1996 Amended A-6 - 02-26-1996 AdoptedA-13 - 05-28-1996("Decorum and Orderfor BCC") Amended A-6 - 12-9-1996 Amended A-1 - 02-24-1997 Adopted A-15 - 11-10-1997("Ex-Parte Communication") Amended A-6 - 05-26-1998 Adopted A-16 - 06-22-1998 ("Conflict of Interest Procedures") Amended A-6 - 03-14-2000 Amended A-6 - 02- 27-2001 Amended A-6 - 03-27-2001 Amended A-10 - 08- 28-2001 Amended A-6 - 01-27-2004 Amended A-6 - 03-09-2004 Amended A-6 - 03-28-2006 Amended A-6 - 02-26- 2008 Amended A-6 - 10- 27-2009 Amended A-6 - 12-6-2010 Amended A-6 & A-10 - 02- 22-2011 Amended A-6 - 11- 27-2012 Amended A-6 & A-10 - 01-08-2013 Amended A-6 -05-14-2013 Adopted A-3 - 05-14-2013 ("Request for Research or Information") Amended A -I I - 05-13-2014 Amended A-6 - 06-09-2015 Adopted A-20 - 07-14-2015 ("Expression of Official City Position") Amended A- I I - 04-12-2016 Amended A-13 - 01-24-2017 Amended A-1 - 08-08-2017 (incorporating A-3, A-6, A-8, A-10 A-11, A-13 A-15 A-16 and A-20, renaming to "City Council") Amended A-1 - 01-22-2019 Amended A-1 - 07-14-2020 Amended A-1 - 04-27-2021 Amended A-1 - 02-14-2023 Amended A-1— 5-14-2024 17 EXHIBIT 2 BOARDS. COMMISSIONS & COMMITTEES I:Vd Service on City Boards, Commissions, and Committees is one of the principal means by which residents participate in the conduct of City government. The City is fortunate to have highly skilled, educated and experienced residents that are willing to selflessly donate their time and resources to positively contribute towards the betterment of our City. This Policy prescribes the rules, guidelines, and ideals that govern our City's Boards, Commissions, and Committees. Board, Commission, & Committee Formation Process A. Boards and Commissions shall be established by City Charter or ordinance of the City Council. Committees shall be established by a resolution of the City Council in accordance with this policy. B. Boards, Commissions and Committees shall be designated either 1) Permanent; 2) Standing; or 3) Ad Hoc. Boards, Commissions and Committees having a definite termination date may be extended by City Council action. C. With the assistance of the City Attorney, all Boards, Commissions and Committees shall determine the applicability of, and comply with, the Ralph M. Brown Act. D. All Boards, Commission and Committee meetings open to the public shall include an opportunity for public comments and questions. E. Boards and Commissions may be reviewed on or before December 31 of each year consistent with the Maddy Act (Cal. Gov. Code § 54972). Committees may be reviewed in October of each year for any needed additions, changes or deletions by the City Manager and the City Council. Within this review, the City Council shall consider whether the work done by Committees is duplicative of other Committees' work, and shall consider merging or disbanding committees as appropriate. This provision shall not however prevent such changes at other times of the year. Types of Boards, Commissions, & Committees Boards and Commissions (Permanent) These shall consist of citizens with a staff liaison pursuant to the enabling City Charter section, ordinance or resolution. Appointments are made pursuant to this Policy. 1 City Council Committees (Standing or Ad Hoc) These shall consist of City Council Members and City staff as prescribed by enabling ordinance or resolution. The Mayor annually shall appoint the City Council Members subject to confirmation by the full City Council. GW Council/Citizens' Committees (Standing or Ad Hoc) These shall consist of City Council Members, citizens and City staff as prescribed by enabling ordinance or resolution. The Mayor annually shall appoint City Council members to these Committees subject to confirmation by the full City Council. Appointment of citizens and staff members to these Committees shall be addressed in the respective enabling ordinance or resolution. Citizens' Advisonj Committees (Standing or Ad Hoc) These shall be comprised solely of citizens with perhaps City Council or staff liaison. Appointments generally shall be made annually by the Mayor subject to confirmation by the full City Council. However, enabling ordinances or resolutions may provide that appointees represent each of the Council Districts in which case appointments shall be made by individual City Council members for their respective districts subject to confirmation by the full City Council. Point Governmental Committees (Permanent or Standing) These are committees comprised of representatives from several governmental agencies. Representatives to these committees can be either City Council Members or City staff. Appointment to joint governmental committees shall be made annually by the Mayor subject to confirmation by the full City Council. Gi j Staff Committees (Permanent, Standing, or Ad Hoc) These are comprised of staff members designated by their job title as prescribed by enabling ordinance or resolution. 2 A-2 Member Appointment Process Annual Appointment List On or before December 31 of each year, the City Clerk shall, consistent with the Maddy Act (Cal. Gov. § 54972), prepare a list of all appointive terms of Boards, Commissions and Committees which will expire during the next calendar year, with the name of the incumbent appointee, the date of appointment, the date the term expires, and the necessary qualifications for the position. Also, the City Clerk shall list all Boards, Commissions and Committees whose members serve at the pleasure of the City Council, and the necessary qualifications of each position. The list shall be posted in the City's normal posting location for agendas, as well as the Newport Beach Public Library located at 1000 Avocado Avenue. Qualifications Appointees to Boards, Commissions and Committees shall be electorates and residents of the City. However, when exceptions are warranted, the reasons shall be so stated in that Boards, Commissions or Committee's enabling ordinance or resolution. The City Clerk shall further maintain a file of Candidates for Board, Commission and Committee appointments, which shall be reviewed each year by the City Clerk to ensure that those applicants are still available and eligible for appointment. Applications shall be retained in the active file for two (2) full years; thereafter they will be destroyed. Vacancies Approximately two (2) months prior to a scheduled vacancy, the City Clerk shall prepare and submit to a newspaper of general circulation, information relating to the vacancy including meeting dates and times, Board, Commission, or Committee functions, and the method of obtaining and submitting applications and establishing a date prior to June 1 as the last date to submit applications. The City Clerk shall notify each applicant of the receipt of their application. Consistent with the Maddy Act (Cal. Gov. § 54974), within twenty (20) days after an unscheduled vacancy occurs on a Board, Commission or Committee, a special vacancy notice shall be posted in the City Clerk's office, and other locations as directed by City Council. Additionally, the City Clerk shall prepare and submit information relating to the vacancy including meeting dates and times, and Board, Commission or Committee application procedure. Final appointment (other than emergency appointments) shall not be made for at least ten (10) working days after the posting of the vacancy notice. 3 A-2 Pursuant to Charter Section 705, if an unscheduled vacancy occurs within six (6) months from the expiration of the term, the City Council has the discretion to appoint a replacement to serve the balance of the unexpired term plus one (1) full term. Board, Commission, and Committee appointees may be replaced after three (3) consecutive unexcused absences from meetings. Periodically, situations may arise wherein due to the occurrence of a number of simultaneously scheduled Board, Commission or Committee vacancies, it may be appropriate to make certain adjustments in the advertising and recruitment procedures, which are regularly utilized to fill these vacancies. In these cases, the City Council may make the following adjustments by majority vote at a regular public meeting: A. The two (2) month period prior to the occurrence of a scheduled vacancy, which is established for advertising purposes, may be extended to three (3) months. B. The last date to submit applications for a vacancy may be changed from the third Wednesday prior to June, to no sooner than the third Wednesday prior to May 1. C. The period established for the ad -hoc Appointments Committee's recommendation to the Council of candidates, may be extended from at least two (2) weeks, to at least four (4) weeks prior to the date of appointment. When vacancies occur, the City Council shall make every effort to appoint the best - qualified person to serve the interest of Newport Beach. The City Council shall only appoint persons who have filed an application for appointment with the City Clerk no later than five (5) days prior to the date on which the City Council nominates candidates for positions. The application shall serve as a basis for determining if the person is a qualified elector and resident of the City, has no conflict of interest that would prevent the applicant from serving, and otherwise satisfies the criteria for appointment specified in the City Charter and any relevant ordinance, resolution or City Council Policy. In determining whom to appoint to a Board or Commission, the City Council seeks diversity of opinions and discourages the appointment of persons to Boards and Commissions who: 1) in their professional capacity supervise or are supervised by another member of the same Board or Commission; or 2) are a member of the same family as another member of the same Board or Commission. Also, the City Council prefers that members of Boards, Commissions and Committees represent different geographical areas of the City, but residence is a consideration only when applicants are otherwise equally qualified. El A-2 Limit on Service To afford the maximum opportunity for citizen service, no person shall be eligible for appointment to any one (1) City Board, Commission, or Committee for more than two (2) consecutive four (4) year terms, exclusive of a prior appointment to fill an unexpired term. Appointees shall serve on only one (1) standing City Board, Commission or Committee at any time. Optional Ad Hoc Appointments Committee Unless an alternative appointment procedure is provided in the formation ordinance or resolution, at such time when an appointment to a Board, Commission or Committee is necessary, the Mayor, at his/her discretion, may establish an ad -hoc Appointments Committee composed of three (3) Council Members. If appointed by the Mayor, the ad - hoc Appointments Committee's duties are as follows: A. Review all applications for position to City Boards, Commissions and Committees. The ad -hoc Appointments Conunittee will review applicant answers to all questions contained in the application; B. Conduct any necessary interviews with individual applicants; and C. At least two (2) weeks prior to the date of appointment, recommend to the full City Council at a regular public meeting, two (2) or more candidates, if a sufficient number of candidates are available, for each Board, Commission or Committee vacancy. City Council Members may wish to interview the recommended candidates further prior to final selection by the City Council. By having a goal of two (2) or more candidates for each vacancy, it is the intent of the City Council that at least two (2) separate individuals should be considered for each vacancy (i.e., if there are two (2) vacancies, the City will attempt to have four (4) separate individuals under consideration). The ad -hoc Appointments Committee, in conducting their review of applications and interviews with the individual applicants, if any, shall attempt to determine if there exists a potential conflict of interest, which might interfere with the performance of the applicant's duties in an impartial manner free from bias. It is generally recognized that from time -to -time it is possible for any individual to have a conflict on any one (1) given issue. 61 A-2 The ad -hoc Appointments Committee, however, shall endeavor to avoid recommending appointments of applicants with a substantial conflict of interest, which would require repeated disqualification from voting on issues that are likely to come before the Board, Commission or Committee. If no alternative appointment procedure is provided in the formation ordinance/resolution, and if the Mayor does not form an ad -hoc Appointments Committee, the City Clerk shall review all applications and submit all qualified applicants to the City Council for consideration at an open and noticed meeting. Voting Procedure A. If possible, the City Council shall vote on all appointments and seats on each Board, Commission and Committee simultaneously. The voting will be by paper ballot and the City Clerk will tabulate and announce the results, including the vote tally. B. Each member of the City Council will cast the number of votes as indicated on the paper ballot for each seat from the list of the nominees. In order to be appointed, the nominees must receive at least four (4) votes. C. For Boards, Commissions and Committees with two (2) vacancies, if two (2) of the nominees receive four (4) or more votes, they will be automatically appointed. D. If there is a tie vote, ballots will be distributed to the Council Members to vote for the tying candidates only. E. In the event that no one receives four (4) votes, nominees receiving zero (0) or one (1) vote will be dropped and the City Council will cast two (2) votes from the list of the remaining nominees, and the determination will be made as previously stated. City Clerk Responsibilities The City Clerk shall also be responsible for the following functions associated with Board, Commission and Committee appointments: A. Preparation of letters for the Mayor's signature notifying successful candidates of their appointment. B. Preparation of letters for the Mayor's signature notifying unsuccessful candidates for appointment. G A-2 C. Preparation of letters for the Mayor's signature thanking outgoing members for their service. If established, once the final appointments are made by the City Council, the ad -hoc Appointments Committee will be dissolved. Business Improvement District Appointments The appointment of Business Improvement District advisory boards or the designation of an owners' association is exempt from this City Council Policy, but shall be consistent with the California Streets and Highways Code. Decorum and Order Board, Commission and Committee deliberations and actions should be conducted in an atmosphere free from personal animosity and hostility. Each member of a Board, Commission and Committee has the duty to: A. Respect and adhere to the American ideals of government, rule of law, principles of public administration and high ethical conduct in the performance of public duties. B. Represent and work for the common good of the City and not for any private interest. C. Refuse to accept gifts, favors, or promises of future benefits which might compromise or tend to impair independent judgment or action. D. Provide fair and equal treatment for all persons and matters coming before the Board, Commission, or Committee. E. Learn and study the background and purpose of important items of business before voting. F. Faithfully perform all duties of office. G. Refrain from disclosing any information received confidentially concerning the business of the City or received during any closed session of the Board, Commission, or Committee held pursuant to state law. H. Decline any employment incompatible with public duty. 7 A-2 I. Refrain from abusive conduct, personal charges or verbal attacks upon the character, motives, ethics or morals of other members of the Board, Commission, or Committee, City staff, or the public, or other personal comments not germane to the issues before the body. Members are to be tolerant of all views expressed at public meetings. J. Listen courteously and attentively to all public discussions at Board, Commission, or Committee meetings and avoid interrupting other speakers, including other members except as permitted by established Rules of Order. K. Faithfully attend all sessions of the Board, Commission, or Committee unless unable to do so for some compelling reason or disability. L. Maintain the highest standards of public conduct by refusing to condone breaches of public trust or improper attempts to influence legislation. If a Board, Commission, or Committee member cannot abide by these provisions, he or she should submit a letter of resignation or be removed from office by action of the Mayor and City Council. Ex Parte Communications Members of Boards, Commissions, or Committees and City employees, agents and representatives shall not engage in any Ex Parte communication with any members of a Board, Commission, or Committee regarding any quasi-judicial matter pending, or reasonably expected to come, before that member's Board, Commission, or Committee. For purposes of this policy, the term Ex Parte communication shall mean any oral or written communication directed to a member which is intended, or is reasonably calculated, to influence the member's decision on any quasi-judicial matter but does not include communications between members during deliberations preliminary to decision or communications where all interested parties or their representatives are present. The term quasi-judicial matter shall mean the appeal of any discipline imposed on any City employee, the appeal of any grievance filed by a City employee or employee association, or a proceeding to revoke any license, permit or approval granted by the City Council, any Board, Commission, or Committee, or any City employee and which is pending, or is reasonably expected to come, before any City Board, Commission, or Committee. The provisions of this policy do not apply to Ex Parte communications between City employees and any member of a Board, Commission, or Committee regarding a quasi- judicial matter which has been submitted to, or can reasonably be expected to be heard by, the Board, Commission, or Committee when the Ex Parte communication is initiated by the member and requests only background information available to members of the general public. A-2 Minutes Written minutes, upon approval of the Board, Conunission, or Committee, constitute the official record of its activities. Minutes will be prepared for all public meetings by City support staff and distributed to the entire member body for review prior to official approval. Additions or corrections to the minutes are made at public meetings upon official Board, Commission, or Committee approval. Member requests for inclusion on the record of a specific action or comment shall be recorded at the next publicly -noticed meeting. Recording of Open Meetings A. Open and public meetings of Boards, Commissions and Committees may be audio recorded upon request of the chairperson or pursuant to any procedural rule or by-law adopted by the Board, Commission, or Committee. B. Any person attending an open and public meeting of any Board, Commission, or Committee shall have the right to record the proceedings with an audio or video tape recorder or a still or motion picture camera unless the Board, Commission, or Committee determines, based upon evidence in findings made by the chairperson, that continued recording would create noise, illumination, or view obstruction problems that are disrupting or would disrupt the proceedings. The chairperson may impose conditions on any recordation, which in the absence of the conditions, would disrupt the proceedings. C. Any audio tape or video record of any open and public meeting made by or at the direction of the City of Newport Beach shall be subject to inspection pursuant to the California Public Records Act (Sections 6250 et seq. of the Government Code). Notwithstanding the provisions of Section 34090 of the Government Code, any audio or video recording of any open or public meeting of any BCC may be erased or destroyed one-year after the taping or recordation, excluding Planning Commission as those are kept permanent. Any person may inspect a video or audio recording without charge on a recorder made available by the City of Newport Beach. Conflict of Interest No member of any Board, Commission, or Committee shall, at the time of appointment or during the term of office, hold a position or office in another entity or organization which creates a conflict of interest with respect to the member's service on the Board, Commission, or Committee. X A-2 Expression of Official City Position or Policy Board, Commission and Committee members are authorized to convey information to the public: as provided for in Council Policy; by law; that is factual in nature, (e.g. about City programs, projects, and other City business); and as authorized by the City Council. If members of City Boards, Commissions, or Committees desire that a particular official City position or policy be established or expressed on a given issue, they shall submit their recommendations on said position or policy to the City Council for evaluation and disposition as the City Council sees fit. In their interactions with the media, members of City Boards, Commissions, and Committees shall comply with the media policies in City Council Policy D-1. Any member of a Board, Commission, or Committee who wishes to make a personal statement or opinion (that is not authorized by this Policy) regarding any City matter, especially matters within the subject matter jurisdiction of their Board, Commission, or Committee, shall ensure that said statement or opinion cannot be construed by the public as being an official position or policy of the City. When communicating such opinion or statement, a member shall not use City email addresses or City stationery. This Policy furthers an important public purpose by ensuring the public does not confuse personal opinions expressed by members of City Boards, Commissions or Committees with official expressions of City policy. This Policy is not intended to restrict communications between Boards, Commissions and Committees and others on matters exclusively within the purview or responsibility of such Boards, Commissions or Committees, but rather is intended to avoid confusion with regard to the official City position or policy on matters within the purview of the City Council. Private Digital Communications Digital communication(s) by a member of a Board, Commission, or Committee on a Digital Communication Platform, as that term is defined in Council Policy D-5, that is owned or controlled by a member or a third -party (i.e., someone other than the City) and which discusses any matters within the subject matter jurisdiction of the City Council, shall be deemed to be made in their personal capacity. Digital communications by a member of a Board, Commission, or Committee through a Digital Communication Platform owned or controlled by the member or a third -party that discusses City matters shall make it clear that the member is not speaking on behalf of the City (i.e., "views expressed are my own"). All social media platforms owned or controlled by a member that discusses City matters shall contain a notice that they are the personal page of the member. 10 A-2 Fundraising & Contracting A. No Board, Commission, or Committee shall have the authority to independently raise and collect funds on behalf of itself, any other Board, Commission, Committee, or the City. Any such funds shall be generated by and collected through legally established nonprofit groups and organizations which are independent of the City. An exception to this policy may be granted by the City Council on a per project basis when circumstances justify the exception. B. No Board, Commission or Committee which has been established by the City Charter or by the City Council, shall have the authority to enter into any contract with any agency, group, entity or individual without authorization from the City Council. Use of City Stationery and Email If authorized in this Policy, Members of Boards, Commissions, and Committees may use City stationery and City email when corresponding on matters that relate to official City business. Said correspondence or email shall identify the author of the correspondence or email. Use of City stationery or City email for private personal matters or statements of personal opinion is not permitted. 11 A-2 History Adopted A-4 - 6-28-1965 ("Boards and Commission Appointments") Amended A-4 - 8-15-1966 Amended A-4 - 9-26-1966 Adopted A-6-11-13-1967 ("Recording of Council Meetings") Amended A-4 - 6-10-1968 Reaffirmed A-4 & A-6 - 3-9-1970 Reaffirmed A-4 - 2-14-1972 Adopted A-9 - 5-8-1972 ("City Council Committees") Amended A-9 - 6-11-1973 Amended A-9 - 5-12-1975 Amended A-9-12-8-1975 Amended A-9 - 6-28-1976 Amended A-9 - 8-9-1976 Amended A-4 - 7-12-1976 Amended A-9-12-13-1976 Amended A-9-1-10-1977 Amended A-9-1-24-1977 Amended A-6 - 6-13-1977 Amended A-4 - 9-12-1977 Amended A-6-10-25-1977 Amended A-4-11-28-1977 Amended A-4-12-19-1977 Adopted F-18 - 3-27-1978 ("Fund Raising") Adopted F-19 - 4-10-1978 ("Contracts") Amended A-4 - 6-26-1978 Amended A-9 - 9-11-1978 Amended A-4-11-27-1978 Adopted A-12-1-8-1979 ("BCC Expression of City Position") Adopted A-13 - 2-12-1979 ("Use of City Stationary") Amended A-4 - 3-12-1979 Amended A-9-10-1-1979 Amended A-9-11-12-1979 Amended A-4 - 7-14-1980 Amended A-6 & A-9 - 2-9-1981 Amended A-4 - 7-27-1981 Amended A-4 & A-9-11-23-1981 Amended F-18-11-14-1983 Amended A-9-1-12-1987 12 FEW Amended A-13-1-8-1990 Amended A-9-10-22-1990 Amended A-9-1-24-1994 Amended A-4-1-24-1994 (changed to A-2) Created A-11 - 1-24-1994 ("Recording of City Meeting') Reaffirmed A-12-1-24-1994 (changed to A-7) Amended A-13-1-24-1994 (changed to A-8) Created A-5-1-24-1994 ("Fund Raising/Contracts", incorporating F-18 & F-19) Amended A-9 & A-11- 2-27-1995 Amended A-2 & A-9 - 2-26-1996 Adopted A-13 - 5-28-1996 ("Decorum and Order for BCC's") Corrected A-5, A-7 & A-8 - 2-26-1996 Amended A-2 - 8-12-1996 Amended A-2 - 2-24-1997 Adopted A-15-11-10-1997 ("Ex Parte Communication") Amended A-9 - 5-26-1998 Adopted A-16 - 6-22-1998 ("Conflict of Interest Procedures") Amended A-2 - 3-22-1999 Amended A-2 - 7-12-1999 Amended A-2 - 9-27-1999 Amended A-2 - 3-14-2000 Amended A-2 - 5-8-2001 Amended A-2 - 4-23-2002 Amended A-2 - 5-14-2013 Amended A-11 - 5-13-2014 Amended A-2 & A-9 - 5-12-2015 Amended A-11- 4-12-2016 Amended A-13-1-24-2017 Amended A-2 - 8-8-2017 (incorporating A-5, A-7, A-8, A-9, A-11, A-13, and A-15) Amended A-2 - 7-26-2022 Amended A-2 - 5-14-2024 13 EXHIBIT 3 D-1 MEDIA RELATIONS Purpose A continuing responsibility of the City of Newport Beach is to provide timely, accurate and factual information to residents, businesses and visitors. To meet that responsibility, the City must work in partnership with the news media. To ensure that the City communicates effectively with media representatives, the following procedures shall be followed and adhered to by all City employees, consultants, and members of boards, commissions, and committees. A. Print and Broadcast Media Spokespersons Designated Spokespersons The City Manager, City Attorney, Assistant City Manager, Assistant City Attorney, Department Directors, Public Information Manager, Fire or Police Public Information Officers, designated departmental representatives (such as on -duty Watch Commander), or City Manager designee, may handle routine requests from the media that are within their area of expertise. Except to the extent authorized by Council Policy or law, no other persons may disseminate official information on behalf of the City, and should refer the reporter to the Department Director, Public Information Office or designated department representative. 2. Potential Controversial Issues The City Manager, City Attorney, Assistant City Manager, Assistant City Attorney, and Department Directors may address questions from the media on sensitive issues relating to their area of expertise, including topics that may affect City policy and/ or matters that may ultimately result in Council action. B. Release of Information 1. Approval News releases shall be prepared and routed to the Public Information Office for review before they are released to the media. The City Manager or Assistant City Manager will have final approval on all news releases except announcements regarding special events and routine activities. Exception. Fire and Police responses to emergencies in the community may be reported directly to the media by a designated department spokesperson with the approval of the Fire or Police Chief or their designee. 1 D-1 Investigations and routine community relations activities may also be reported directly to the media by the designated Fire or Police Department spokespersons. All news releases should also be copied to the City Manager and the City's Public Information Office. 2. Format All City representatives shall use standard City of Newport Beach news release stationery and follow City news release format and writing style to distribute information to the media. Electronic distribution of news releases shall utilize City email addresses, and where applicable, City Digital Communication Platforms as defined in City Council Policy D-5. News releases shall include the name of and contact information for the designated spokesperson to contact for additional information. Personal stationery, personal email addresses, and personal Digital Communication Platforms shall not be utilized for the dissemination of official news releases. 3. City Council Notification All news releases shall be distributed to the Mayor and members of the City Council prior to release to the media if practical, or immediately thereafter. 4. Staff Notification All information - written or spoken - released to the media by a member of the City staff will be immediately communicated via e-mail to the City Manager, appropriate Department Head and Public Information Office. The e-mail should contain a brief synopsis of the information communicated, the name and phone number of the person interviewed, the reporter's name, the name of the media outlet, and when the story is expected to appear. 5. Release of Reports Reports prepared by City staff for submission to the City Council shall be made available to the media or the general public at the same time as the agenda packets are delivered to the City Council. 0a D-1 6. Confidential Information News Releases shall not contain information, which is confidential pursuant to provisions of state or federal statutory or decisional law, or which has been received by the City pursuant to a representation of confidentiality. Documents or information exempt from disclosure pursuant to provisions of the California Public Records Act shall not be contained in any news release without City Attorney approval. No City representative will release public information contrary to the provisions of the California Public Records Act, the Brown Act, the California Penal Code, cases interpreting those statutes, or City of Newport Beach policy. Any questions related to Public Records Act requests should be directed to the City Clerk's Office and the City Attorney's Office. C. Guidelines 1. Litigation, Personnel, Election Issues Due to legal and privacy concerns, any request for information related to litigation, personnel or election issues must be handled by the appropriate department. This information includes: private employee information, employee disciplinary actions, matters considered in closed sessions of City Council, certain law enforcement records, certain Fire and EMS records, matters related to internal and external security, privileged communication records and work products of the City Attorney or special legal counsel, draft correspondence or documents, and records pertaining to litigation where the City is a party. • Media inquiries regarding pending or ongoing litigation should be referred to the City Attorney's Office. • Questions regarding personnel issues or matters should be referred to the Human Resources Department. • Any inquiries regarding election or campaign issues should be referred to the City Clerk's Office. In all cases, especially if there is any question as to which department should respond to the inquiry, the department should notify the City Manager and the Public Information Office about the inquiry. 3 D-1 2. Personal Points of View City employees and consultants and members of boards, committees and commissions (BCC) have a right to their personal points of view and the freedom to express their opinions. Any City employee, consultant or BCC member that identifies themselves as an employee, consultant or BCC member of the City of Newport Beach must indicate that said opinions do not represent those of the City, but are the City employee's, consultant's, or BCC member's personal opinions (i.e., views expressed are my own). In addition, media contact made as a private citizen may not be communicated or prepared on City time, stationery, equipment or in any way at City expense. 3. General or Routine Media Requests (events, meetings, etc.) Routine media requests may be handled by any employee if the information provided is of a factual, incidental or inconsequential nature such as confirming a meeting time or providing scheduling, location or other routine information about a City event or activity. 4. City -initiated Media Contacts/Information Distribution Proactive media contacts should be made by the Public Information Manager (or the City Manager's designee) or the Police and Fire Public Information Officers. This includes issuing news releases and media advisories and making proactive, personal contact with news reporters or editors requesting coverage. All staff, including the designated spokespersons identified in Section A-1 of this policy, must work through the Public Information Office or the Police and Fire Public Information Officers in initiating media contact. 5. Errors in Reporting Reporting errors should be brought to the attention of the Public Information Office. The Public Information Manager, in conjunction with the City Manager or the appropriate Department Head, will determine if the reporter should be contacted about the error. 11 D-1 6. Crisis or Emergency Issues During a crisis or an emergency as defined in Newport Beach Municipal Code Section 2.20.020, or any successor section, all media relations will follow the guidelines specified in the City's emergency operations plan. [Attachment - Exhibit A] 5 D-1 History Adopted G-3-11-23-1992 Amended G-3-1-24-1994 (changed to D-1) Amended D-1 - 2-26-1996 Amended D-1 - 4-23-2002 Amended D-1 - 10-14-2008 Amended D-1 - 8-8-2017 Amended D-1 5-14-2024 D-1 EXHIBIT 4 D-5 DIGITAL COMMUNICATION Purpose Digital communication tools and channels enable the City of Newport Beach to efficiently inform and engage residents, businesses and visitors. They also enable greater public access to City information and services. For purposes of this policy, "Digital Communication Platforms" include any social media platforms used to digitally communicate including, but not limited to, Facebook, Instagram, YouTube, and TikTok. City employees and others who share and receive information on behalf of the City shall use Digital Communication Platforms and email in ways that are professional, consistent and coordinated, maximize transparency and clear communication, maintain the security of the City network, and adhere to all other applicable laws and Council and administrative policies. The City Council recognizes that City employees and consultants use Digital Communication Platforms in their personal lives and that it is important for the public to know when individuals are speaking on behalf of the City. This policy is intended to set forth the City's official policy regarding how City employees and consultants may use Digital Communication Platforms and email to officially communicate on behalf of the City. City Websites The City of Newport Beach websites have been created and maintained for exclusive use by the City in communicating information relevant to the City's mission to the public. The City websites are not public forums for debate or discussion of controversial issues or topics. A. Content The City's websites shall be used to convey timely information about City services, officials, programs, projects and events to the local community and the public. Content on City websites must be approved, prior to posting, by an authorized member of the City staff. The City exclusively controls the content of all City websites. 1. Political Speech Prohibited. No City website shall be used to support or oppose a local or statewide ballot measure. No City website shall be used to support or oppose any campaign for public office. H 2. Commercial Speech Prohibited. No City website shall contain commercial advertising. A City website may; however, contain a list of sponsors that have supported a City event or program. B. External Links The City of Newport Beach website may provide hyperlinks (hereinafter "links") to external websites that provide additional information on selected topics. Links shall be posted at the City's sole discretion and shall not be posted at the request of third parties. City websites shall only contain external links that: (1) are determined to fall within the categories described below, and/ or (2) are determined to be consistent with the purposes of this Policy as stated above. No external links shall be construed as an endorsement of, and the City of Newport is not responsible for, the content of any such external websites. An external link is not intended to create a designated or limited public forum on any portion of the City website. If the City decides to post an external link on one of its websites, the City alone shall determine how, when and where links are located on its website. 1. The City Manager or his/her designee may approve links within the following categories: a. Other government agencies; b. Firms with franchise agreements with the City, such as for utilities, cable TV and/or internet service, waste removal and other similar companies that provide service to residents of the City under agreement with the City; C. Links to corporate or company sites that provide web -based automated solutions specifically designed for use by the City and/or the public through the City website. These applications may be hosted internally or externally; d. Organizations in a direct contractual relationship with the City, that receive funding in the form of either monetary or in -kind contribution from the City to promote the economic and cultural development of the City, in areas such as commerce, dining, tourism, and arts and entertainment within the City; K D-5 e. For the Newport Beach Public Library ("Library') website, and/or any section of the City website used for Library purposes, links that support the Library's mission to meet the cultural, educational and informational needs of Library customers. 2. The City website shall not include links to websites that: a. Promote or exhibit hate, bias, discrimination, "adult -oriented" material or material not suitable for viewing by persons of all ages, or material with libelous or otherwise defamatory content; b. Advocate the agenda or position of a political party, candidate for elected office, ballot initiative, or campaign or fundraising websites of holders of or candidates for political office (whether elected or appointed), unless (1) the link is to a website that contains only speech the City wishes to adopt as its own, as indicated by an action adopted by Council, and (2) no violation of Government Code Section 54964 (prohibiting expenditures of public funds on any communication that expressly advocates approval or rejection of a clearly identified ballot measure, initiative or candidate certified to appear on a local ballot) is reasonably likely to result. No linked website shall post communications on its homepage that expressly advocate the approval or rejection of a clearly identified ballot measure or candidate certified to appear on the local ballot; if it does so the City shall remove the link from the City websites immediately. The City websites shall remain consistent with federal policies on Gov. Internet domains that prohibit references and links to specific websites operated by campaigns and any campaign entity or committee, and websites containing political acronyms or party names; C. Violate any of the City's equal opportunity policies; and/or d. Are personal in nature and are operated by individuals. (This category shall include all blogs and chat groups.) C. Accessibility City websites will comply with accepted disability access design standards. 3 D-5 D. Service Marks, Trademarks and Copyright All intellectual and proprietary property rights, including copyrights and rights to service marks and trademarks, as to all text, material, images and/or content appearing on or accessible through the City website, belong to the respective owners of these rights. The City owns all other intellectual and proprietary property rights, including copyrights and rights to service marks and trademarks, as to the City Seal, all City logos, symbols, emblems, and all other images, designs, content and materials created by or on behalf of the City that appear on or are accessible through the City website. No person or entity shall: modify and or use the text, images or other City website content from a web server; distribute the City's web content; or "mirror" the City's information on a non -City server without written permission from the City Manager or his/her designee. Digital Communication The City of Newport Beach utilizes Digital Communication Platforms to provide information to and interact with its citizens and the general public. A. Digital Communication Platforms The City of Newport Beach official website at www.newportbeachca.gov (or any domain owned by the City) is the City's predominant internet presence and the primary location of its electronic information. Other Digital Communication Platforms, new social media accounts, and/or websites created on behalf of the City must first be approved by the City Manager's Office and the appropriate Department Head. Where appropriate, other Digital Communication Platforms created on behalf of the City shall link to the City's official website to facilitate public access to forms, records, documents and online services. B. Official Digital Communications All digital communications by a City employee, or consultant shall comply with the following: 1. Private or Personal Digital Communication Platforms and Email: No private or personal Digital Communication Platform or email shall be used by any City employee or consultant to officially communicate on behalf of the City. Any personal Digital Communication Platform that is private or personal that discusses any matter that is within the subject matter jurisdiction of the City shall make it clear that the individual is not speaking on behalf of the City and 4 D-5 shall contain a notice that the views expressed therein are strictly their own (i.e., "views expressed are my own"). 2. City Owned or Controlled Digital Communication Platforms: Except as provided in subsection (B)(3) below, City employees and consultants shall officially communicate on behalf of the City through City owned or controlled Digital Communication Platforms and email. Only those authorized by Council Policy, law, the City Council, the City Manager, the City Attorney, the City Clerk, Public Information Officer or a Department Director to speak on behalf of the City and convey information regarding City programs, projects, policies or any other such City business may communicate on the City's behalf. The use of all City owned or controlled Digital Communication Platforms and email shall comply with all applicable federal, state and local laws and City Council and City administrative policies. 3. Third -Party Owned or Controlled Digital Communication Platforms: Only those authorized by Council Policy, law, the City Council, City Manager, the City Attorney, the City Clerk, the Public Information Officer, or a Department Director to speak on behalf of the City may officially communicate on behalf of the City on third -party owned or controlled Digital Communication Platforms open to the public. This includes initiating statements on, or responding to comments received from, various social media outlets in any manner that members of the public might perceive as a statement on behalf of the City. 4. Those utilizing Digital Communications in their official capacity shall, always, conduct themselves in an appropriate and professional manner and comply with all applicable federal, state and local laws and City Council and City administrative policies. 5. If any City employee or consultant has any question regarding this Policy, they shall request an opinion from the City Attorney as to the applicability of the policy to the situation. Communication through Digital Communication Channels Communication made through the City website shall in no way be deemed to constitute legal notice to the City or any of its departments, officers, employees, agents, or representatives, with respect to any existing or potential claim or cause of action against the City or any of its departments, officers, employees, agents, or representatives, where notice to the City is required by any federal, state or local laws, rules, or regulations. The City does not accept service of notice or process through its website. G� 103.01 Disclosure and Disclaimer While the City endeavors to keep content on its website and social media sites accurate and timely, the City neither warrants nor makes representations or endorsements as to the quality, content, accuracy, timeliness, or completeness of the information, text, graphics, links, and/or other items or material contained on or within the City digital communication tools and channels, its server or any other server accessible through the City website. All such information, text, graphics, hyperlinks, and/ or other items or material are distributed, made available and transmitted "as is", without warranty of any kind, whether express or implied, including without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, and all such warranties are expressly disclaimed. History Adopted D-5 - 7-28-2009 (as D-5 "City Websites") Adopted D-6 - 3-23-2010 (as D-6 "Social Media") Amended D-5 - 8-8-2017 (incorporating D-6, renaming "Digital Conunuiucation") Amended D-5 - 5-14-2024 V STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; the foregoing resolution, being Resolution No. 2024-31 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 14th day of May, 2024; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Will O'Neill, Mayor Pro Tern Joe Stapleton, Councilmember Brad Avery, Councilmember Noah Blom, Councilmember Lauren Kleiman, Councilmember Erik Weigand NAYS: None ABSENT: Councilmember Robyn Grant IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 15th day of May, 2024. f V� I Leilani I. Brown City Clerk Newport Beach, California