Item 9-A
City Council Meeting 10-26-99
Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Resolution Amending The Rules of Order and Procedures for the Conduct of City Council Meetings
Introduction
In order to ensure that Council meeting procedures maximize meaningful public participation, encourage productive and focused deliberation, and foster well-informed and efficient decision making, the City Council has directed staff to propose revisions to the Council Rules of Order. The attached resolution, amending Resolution Number 8525 (CCS), fulfills that direction. It includes proposed changes which would preserve and promote participatory democracy in Santa Monica while ensuring the expeditious disposition of the public
=s business. It also includes proposed revisions which would update, simplify and clarify the rules by eliminating provisions which are unnecessary because of state or other regulation, unrelated to the conduct of meetings, or inconsistent with Council practice.Background
Santa Monica is a politically vibrant community with a long-standing and highly-valued tradition of substantial public participation in an active and responsive municipal government. The City Council addresses large numbers of matters and issues, many of which are complex and controversial. Council meetings are highly participatory and frequently lengthy. Consequently, the public interest requires clear and reasonable rules for the conduct of Council meetings in order to ensure the Council can work fairly and effectively.
In the process of discussing possible revisions to the Council rules of procedure, Council members have expressed a number of general and specific concerns relating to the conduct of Council meetings. General concerns include the need to facilitate complete input and thorough deliberation while ensuring the expeditious completion of the public
=s business and the need to keep all speakers focused on the business at hand. More specific concerns include the length of time necessary to complete public input items when there are multiple speakers and the need to maximize broad participation so that a few persons, who tend to speak on multiple items at every meeting, do not unduly monopolize the Council=s and the public=s time. The existing rules contain some procedural tools for addressing each of these concerns; and the proposed rules supplement and improve those tools.For instance, the proposed Rule 14 contains new language explicitly stating that members of the public do not have the right to speak outside the scope of the agenda item under consideration. Thus, if a member of the public loses his or her focus or otherwise fails to confine input to the topic at hand, the presiding officer may cite this rule, ask the speaker to stay on point, remind the speaker that nonagendized topics within the Council
=s jurisdiction may be addressed during the public input period at the end of the meeting, and/or admonish the speaker that he or she will be called out of order unless input is confined to the topic at hand. If such efforts fail, the speaker may be called out of order, and the next speaker may be called. Other Council members may assist in keeping the meeting on track by encouraging the presiding officer or even, if necessary, by moving to have the rules enforced.The proposed rules also contain specific, significant modifications relating to the management of
A13 items@, which are written requests from the public for Council action. The current rules allow such requests to be directed by the Manager=s office to staff for handling and disposition. The proposed revisions would clarify this option and specify that the City Manager may direct a request to the appropriate Board or Commission. This proposal reflects the fact that some concerns may be rapidly resolved by staff action and others fall directly within the purview of boards or commissions. Recognizing and utilizing these options in appropriate circumstances will fill community members= needs and save time.Another proposed revision relating to 13 Items, would limit hearing testimony. Recently there have been several occasions when individual members of large groups gave repetitive testimony on a 13 Item. Such testimony may fulfill the important function of emphasizing issues of concern. However, because the issues arise in the context of a public input item, the Council
=s ability to act in response is limited both legally and practically. Moreover, in virtually all cases, the matter would have to come back to Council before the Council could take formal action exceeding staff direction. Thus, individual members of the public will have one or more additional opportunities to be heard. In light of these facts, proposed Rule 14 includes a revised time limit of one minute applicable to those speaking on another=s 13 item. (The person raising the matter would still have those minutes.) Moreover, in situations where the person raising a 13 Item does not attend the meeting or stay for that item, staff suggests receiving and filing the written communication, foregoing the separate hearing on the matter, and allowing the other speakers to make their remarks during the public input item at the end of the agenda, when they would receive one minute. The rationale for this suggestion is that the matter has been raised through correspondence and can be reagendized by any Council member or by City staff.Finally, as to public input, the proposed rules contain new language which specifies that speakers do not have a right to repeat their own testimony and should attempt to avoid simply reiterating the testimony of others.
Another significant, proposed change would eliminate the ten minute limit per item per Council member. This proposal is based on the fact that the rule is seldom enforced, is difficult to enforce, and is probably unnecessary. The rules of parliamentary debate enable Council members to call the question. Moreover, short of a formal motion to call, the Mayor and individual Council members always have the option of reminding one another that an agenda is long and much remains to be done. Additionally, if a particular item seems likely to spark unduly lengthy debate, proposed Rule 12 specifies that the Council may set a limit for the debate on that item.
A final, significant recommendation relates to the reconsideration rule. Staff recommends that it be limited to legislative actions. The present rule allowing reconsideration of quasi-judicial actions for up to a year may be inconsistent with the legal requirement of prompt finality for adjudicative decisions on individual rights. Additionally, the Council may wish to consider adopting a reasonable time limit upon reconsideration of legislative decisions. However, this is a matter of policy.
In general, this proposal would also eliminate those rules, or portions of rules, which do not relate to the conduct of meetings. If Council wishes to preserve some of these provisions as written policy, they can be incorporated into other documents. Additionally, provisions which either conflict with or duplicate state law or conflict with Council practice have been eliminated.
The specific changes included in the proposed resolution are listed below by subject matter:
(1) Time and Place for Meetings.
The rule would be changed to reflect the Council
=s customary 6:15 p.m. starting time for closed session items and 7:00 p.m. starting time for public sessions. Additionally, the present provision requiring the Mayor, City Manager and City Attorney to determine the time necessary for the closed session would be deleted as unnecessary.
(2) Quorum.
The proposal would simplify the rule governing quorums by eliminating unnecessary verbiage.
(3) Closed Sessions.
The proposal would simplify the rule by eliminating unnecessary duplication of state law. Additionally, it would reword the prohibition against disclosure of communications which occur in closed session in order to emphasize and clarify that prohibition.
(4) Agenda.
The proposal would: establish deadlines and protocols for delivering agenda packets to Council members and placing Council and staff items on the agenda; specify that requirements for posting, agendizing, and hearings are governed by state law; and eliminate certain language as irrelevant to the conduct of meetings or as unnecessary. As summarized above, the provision governing handling of written requests from the public to have matters agendized would be revised to provide that, once received by the City Clerk, the requests would be referred to the City Manager or his or her designee who would either transmit them to a board, commission, or staff member for handling or agendize them, if appropriate. Proposed changes in the rules would make clear that no individual submitting a written request to Council would have a guarantee of speaking on Item 13 and that individuals would be encouraged to submit only one 13 item per meeting.
(5) Categories and Order of Business.
The proposed changes would reflect current procedures, remove extraneous verbiage, and clarify the nature of specific categories of Council business.
(6) Preparation and Approval of Minutes, Designation and Duties of Presiding Officer, Sworn Testimony and Subpoena Power.
Only minor linguistic changes and the elimination of extraneous verbiage are recommended for these rules.
(7) Presiding Officer, Testimony and Subpoena Power, Debate and Protests.
Most of the changes proposed for these rules are merely linguistic. As summarized above, one noteworthy proposed change would eliminate the general prohibition against a Council member speaking for more than ten minutes on one item. This provision is somewhat difficult to enforce and seldom invoked. A substitute provision would authorize the Council to impose a time limit for a specific item. Another significant proposal would specify that the reconsideration procedure applies only to legislative actions (and not to the Council
=s quasi-judicial decisions). Other proposed changes would limit the situations in which interruptions may occur. The rule governing the entry of a synopsis of debate into the minutes would be eliminated because it is not used; and minor linguistic changes are suggested for the rule governing statements of opposition.
(8) Public Testimony.
Substantial rewording is suggested to clarify and simplify the rules on public testimony. New language is proposed to make clear that individual members of the public do not have a guaranteed right to speak on Item 13, the right to repeat previous testimony, or the right to give testimony which is outside the scope of, or unrelated to, the agenda item under consideration. Other new language would impose a one-minute limit upon testimony in support of or opposition to another
=s 13 item. The person raising the item would still have two minutes. However, if that person did not attend the meeting, the item would not be heard and supporters or opponents could speak on Item 15 for one minute. Finally, new language would also be added to specify that board or commission members giving reports in their official capacity shall not be subject to the standard time limits but that their presentations may be limited by the Council.(9) Rules of Personal Conduct.
The proposed changes would simplify the rules of personal conduct. Additionally, new language would require members of the public to sit in seats while watching the meeting and refrain from bringing audible equipment into the Council chambers and blocking aisles with belongings. As to audible equipment, staff also recommends that the presiding officer announce, at the beginning of each meeting, that telephones and pagers should be turned off or set on
Avibrate@. The new proposed rule on conduct would eliminate present language prohibiting impertinent and boisterous behavior and add language prohibiting disruptions in order to make the rule clearer and conform to constitutional requirements.(10) Seating Order.
A new rule on seating order would be added to reflect current practice.
(11) Voting and Motion Procedures.
These rules have been reworded for the sake of clarity. Additionally, new language has been added to reflect the current practices of voting electronically, basing voting order on seating, and beginning voting at alternate ends of the dias with the Mayor voting last.
The rule regarding the procedure on agenda items requiring a motion would be changed to reflect current practice. A new procedure would be added, requiring the announcement of the vote result to be made by the Presiding Officer or the City Clerk. This additional procedure reflects current practice
(12) Presence of Staff.
The rule governing presence of City staff at Council meetings would be amended to delete the requirement that the City Manager, City Clerk and City Attorney obtain permission from the Presiding Officer prior to leaving the Council chambers.
(13) Adjournment.
A modification is proposed to reflect the state requirement regarding public input which means that the Council may not adjourn until the public has had the opportunity to testify on nonagendized matters within the Council
=s jurisdiction.
(14) [Deletions.]
The following rules would be deleted from the Council Rules: "Ordinances, Resolutions and Contracts," "Prior Approval by Administrative Staff," "Informal Meetings," "Joint Meetings with Boards and Commissions," and "Communications by Boards and Commissions." These Rules do not apply to the conduct of City Council meetings.
Budget/Financial Impact
There is no budget/financial impact.
Recommendation
It is respectfully recommended that the accompanying resolution be adopted.
PREPARED BY:
Marsha Jones Moutrie, City Attorney
F:\atty\muni\laws\mjm\ccrules-1.wpd
City Council Meeting 10-26-99 Santa Monica, California
RESOLUTION NUMBER ____ (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING RESOLUTION NUMBER 8525 (CCS)
TO AMEND THE RULES OF ORDER AND PROCEDURE
FOR THE CONDUCT OF CITY COUNCIL MEETINGS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council Rules of Order and Procedure are hereby established as follows:
RULES FOR CITY COUNCIL MEETINGS
RULE 15. RULES OF ORDER.
Except as otherwise provided herein by these rules,
the City Charter, other rules adopted by the City Council, the
Municipal Code, or applicable provisions of state law, the procedures of the City
Council shall be governed by the latest revised edition of Roberts Rules of Order.
The City Council rules, or any one thereof, may be suspended by a vote of two-thirds (2/3) of the Councilmembers present.
RULE 12. TIME AND PLACE FOR HOLDING REGULAR
MEETINGS.
Pursuant to the provisions of Section 611 of the Santa Monica City
Charter, the City Council does establishes as the days and
time for the holding of regular meetings, the second and fourth Tuesday of each
month as the days for holding regular meetings of the City Council. The regular
meeting shall commence at 6:30 6:15 p.m. The only Aagenda
item that may be considered between 6:00 p.m. and 6:30 prior to 7:00
p.m. is a Closed Session or a Study Session. All other agenda items shall commence
after 6:30 7:00 p.m. The amount of time necessary for the
Closed Session shall be determined by the Mayor in consultation with the City Manager and
the City Attorney. However, iIf any such Tuesday falls on
any day designated by law or by the City Council as a day for public feast, Thanksgiving,
or holiday, such regular meeting shall be held on the date of the regular meeting next
following said Tuesday at the hour heretofore fixed or at such other as may be fixed.
The City Council Chamber in City Hall is established as the place for holding its regular
meetings.
RULE
23. QUORUM
In accordance with Section 614 of the Santa Monica City Charter, four
Councilmembers shall constitute a quorum for the transaction of business. ,
but a smaller number may adjourn from time to time until a quorum is present and those
present may obtain the attendance of the absentees. Except as otherwise provided
in the Charter, or by other law, action taken by the City
Council action shall be taken by a majority vote of the entire membership
of the City Council.
Whenever any Councilmember raises the questions
as to the presence of a quorum, the Ppresiding
officer shall forthwith direct the City Clerk to call the roll, each Councilmember
shall respond when his or her name is called, and the Clerk shall announce the
result,. and sSuch proceedings shall be
without debate;, but no Councilmember, while speaking,
who is speaking may shall be interrupted by raising the a
question of as to the presence of a quorum. Every
Councilmember present must make response when his or her name is called.
The City Council shall judge the qualifications of its members as set forth by the City Charter.
RULE 34. MEETINGS TO BE PUBLIC -- EXCEPTION FOR
CLOSED SESSIONS.
(a) As required by the Ralph M. Brown Act (the "Brown
Act"), California Government Code Sections 54950, et seq., Aall
regular, adjourned regular and special meetings of the City Council shall be public;
provided, however, that the City Council may hold meet
in a Closed Sessions during a regular or special meeting,
from which the public may be is excluded, for those purposes
authorized by the Brown Act. , for the purpose of considering the matters
referred to in Government Code Section 54957.6 relating to Closed
Sessions of the legislative body, or pursuant to other provisions of law.
(b) The above subdivision is specifically limited by the following:
(1) Restrictions regarding Closed Sessions do not apply to meetings of committees of the City Council consisting of less than a quorum of its members.
(2) Closed Sessions may not be held to consider the broad category of "personnel" matters.
(3) Closed Sessions relating to Personnel are limited to those relating to the appointment, employment, or dismissal of a public officer or employee or to hear complaints or charges brought against such officer or employee.
(c) The general categories permitting Closed Sessions shall include, but are not be limited to:
(1) To consider the employment or dismissal of a public officer or employee, or to hear charges brought against such person unless the officer or employee in question requests a public hearing, in which event a public hearing shall be permitted.
(2) To discuss with the City Attorney litigation pending, proposed, or anticipated where a public discussion would benefit the City's adversary and be detrimental to the public.
(3) To meet with the Attorney General, District Attorney, Sheriff, or Chief of Police (or their deputies) on matters posing a threat to the security of public buildings or a threat to the public's right of access to public services or public facilities.
(4) To instruct City representatives concerning salaries, salary schedules, or compensation paid in the form of fringe benefits prior to or during negotiations with employee organizations.
(5) To negotiate and discuss with employee organization representatives following the intervention of a state labor conciliator in a labor dispute.
(6) To consider matters affecting the national security in the case of a body operated by a private corporation on which City officers serve in their official capacity and which is supported partially or totally by City funds.
(7) To consider those matters which by law are properly the subject of a Closed Session.
(d) No Councilmember, employee of the City, or any other
person present during a Closed Session of the City Council shall disclose to any person
the content or substance of any discussion communication which
took place during said the Closed Session unless the City Council shall
specifically authorizes the disclosure of such information
by majority vote, or unless such the disclosure is required,
and only to the extent so required, by the provisions of Government Code
Section 54957.1 law.
RULE 45. AGENDA.
(a) The City Clerk shall prepare the Agenda under the direction of the City Manager as follows:
(1a) The City Manager shall consult with the
Mayor and Mayor Pro Tempore in the preparation of the aAgenda.
(2b) The Agenda with and
all available supporting matters documents shall be
delivered to Councilmembers on the Thursday preceding the Tuesday City Council meeting to
which it pertains or as soon thereafter as possible.
(3c) At any time prior to posting of
the Agenda, a Any Councilmember or the City Manager may direct that
any matter within the City Council's jurisdiction to be placed
upon the Agenda at any time up to 3:00 p.m. on the Thursday preceding the Tuesday
Council meeting to which it pertains.
(4d) At least 72 hours before a regular
City Council meeting, t The City Clerk shall post the Agenda
as required by the Brown Act. The City Clerk shall post a copy Copies
of the Agenda shall be posted in the City Clerk's office and in the lobby of the
Police Department. In connection with any special meeting of the City Council, the
notice calling the meeting and Agenda shall be posted 24 hours prior to the special
meeting. The City Clerk shall maintain on file in the his or
her office of the City Clerk declarations establishing compliance
with the posting requirements.
(5e) No action shall be taken on any item not
appearing on the posted Agenda unless the item is added to the Agenda as follows:
in the manner required by the Brown Act.
(i) Upon a determination by a majority vote of the legislative body that an emergency situation exists, as defined in Government Code Section 54956.5.
(ii) Upon a determination by a two-thirds vote of the legislative body, or, if less than two-thirds of the members are present, a unanimous vote of those members present, that the need to take action arose subsequent to the Agenda being posted.
(iii) The item was posted for a prior meeting of the legislative body occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken.
(6f) Matters directed to be placed on the
Agenda by at the direction of Councilmembers shall be listed thereon
on the Agenda in the order of receipt by the City Clerk of such
direction.
(b) Dates for public hearings required by law or on matters of special public interest shall be set by the City Council or the City Manager. Those matters set for public hearing by the City Council may be so set in the following manner: The City Manager shall place on an Agenda the item, "Motion to fix time and date of hearing. . . . " The City Council shall only hear comments regarding the time and date, and not the substantive matter under this heading.
(c) The time and date fixed for public hearings shall be such that large numbers of citizens can be accommodated in the City Council Chambers and also can be heard early in the evening and such notices as required by law or requested by the City Council of the same shall be sent out not less than 15 days prior to the hearing, unless another time is otherwise specified by law.
(d) Where a matter requires a formal public hearing prior to final action by the City Council, no person shall be heard thereon except at the time of the public hearing.
(e) No public discussion shall be permitted on second reading of ordinances, or such other items when public discussion occurred at a prior City Council or when state law so permits, unless consent is given by two-thirds (2/3) vote of the Councilmembers present.
RULE 5. CITY COUNCIL CORRESPONDENCE.
(a) Non-Council Items. Written communications addressed to the City Council, the subject matter of which comes within the jurisdiction of any Board, Commission, or Department of the City, may be referred to such body or department, or both, by the City Manager, and such communications shall not be placed upon the City Council Agenda.
All communications directly relating to the work or jurisdiction of a Board, Commission, or Department of the City shall be referred thereto, notwithstanding the fact that direct City Council action may be sought in such communications; such communications shall not be placed upon the City Council Agenda.
Any person submitting a written communication to the City Council which is subsequently referred to a Board, Commission, or Department of the City shall be notified of such referral by the City Manager. If dissatisfied with either the action of the City Manager or the action of the Board, Commission, or Department to which the communication was referred, such person may appeal to the City Council.
(b) Authority of the City Manager. The City Manager is authorized to open all mail or other written communications collectively addressed to the City Council and to give it immediate attention to the end that all administrative business referred to in said communications which do not necessarily require City Council action may be acted upon between City Council meetings.
(cg) Council Items. Correspondence
collectively addressed Written requests to the City Council shall be
received and opened by the City Clerk and referred to the City Manager or his or her
designee and City Council=s
Secretary, transmitted to the appropriate public officer board
or commission or staff member having jurisdiction over, and or
placed on the Agenda if City Council action consideration is
deemed appropriate by the Mayor, or City Manager, or City
Clerk, except that . Agendized communications shall be listed in order of
receipt. However, no communication shall be placed on that Agenda that
which contains material which that:
(1) Is profane.
(2) Is in the nature of a criminal or civil slander, or is
potentially slanderous or libelous.
(3) Advocates or opposes the candidacy of any person or party for any elective office.
(4) Is primarily an advertisement or promotion or has as a substantial purpose the advancement of any cause the major benefit of which is private and not public.
Members of the public submitting written requests to the Council are
encouraged to limit their submissions to one per meeting.
(5) Does not necessitate City Council action.
(d) Availability to the Public. Correspondence addressed to individual Councilmembers shall not be opened by the City Council Secretary unless authorized to do so by individual Councilmembers. Such communications shall not become public records until received and filed by the City Council at a regular, special, or adjourned meeting of the City Council, or retained or used as provided in Government Code Section 6250 etseg. Correspondence received in the City Clerk's office or other City offices after 5:00 p.m. two Mondays prior to the City Council meeting shall not be placed on the Agenda unless it concerns a matter to be considered by the City Council at the next regular meeting or is determined by the City Manager to be an urgent matter which should be brought to the immediate attention of the City Council. Correspondence shall not be read aloud at a City Council meeting unless requested by a majority vote of the Council. No item which is exempted from disclosure by Government Code Section 6254 shall be disclosed or treated as a public record.
RULE 6. CATEGORIES AND ORDER OF BUSINESS.
The business of the City Council shall be taken on for
consideration and disposition handled in the following order and manner:.
(ba) Call to Order.
(1) Salute to the Flag.
(2) Inspiration.
(cb) Roll Call.
(dc) Special Agenda Items. (Such
as This item includes proclamations, commendations, award of
service pins, introductions of special guests, and presentations
and reports by the Santa Monica Rent Control Board, Board of Education of the
Santa Monica-Malibu Unified School District, and Board of Trustees of Santa Monica College
other non-City public entities or legislative bodies.)
(ad) Closed Session or Study Session. Closed
Session may be held between 6:00 p.m. and 7:30 p.m., or as part of a
Staff Administrative Item. During Study Sessions staff will present
information regarding a complex matter that will be subject to Council deliberation and
decisions in the future. No Council action will be recommended or taken as part of the
Study Session. A Closed Session may be held during another agendized item if deemed
necessary.
(e) Continued Items. This item includes aAgendized
items of a previous City Council meeting not considered at such meeting. The City
Council may vote by a majority of its members to have a carry-over item placed on a
subsequent agenda as a Acontinued item.@
(f) Consent Calendar. The consent calendar shall consist of the
approval of minutes of previous meetings and those other items such as contracts and
routine resolutions which do not necessitate a separate public hearing and which are
determined at the pre-Council agenda meeting in the Agenda preparation
process to be of a relatively non-controversial. nature
and which under the City Council Rules do not generally require a public hearing. Ordinances
for second reading and adoption may be placed on the consent calendar if all members of
the City Council were present when the vote for first reading and introduction took place
and this vote was unanimous. The consent calendar shall be considered as one
item regardless of the number of matters appearing on it and may be approved by a single motion
to approve the consent calendar, unless a Councilmember wishes to be heard on an item. The
title to the individual consent items need not be read unless a request to do so is made
by any Councilmember. (With some exceptions, such as the second reading of ordinances, or
approval of minutes and statements of official action, public discussion is permitted but
a specific request to speak must be made in accordance with these Rules. vote.
The title to the individual consent items need not be read unless a request to do so is
made by any Councilmember. Members of the public shall have no more than one
opportunity to address the City Council concerning any and all items on the consent
calendar. Members of the public shall be heard prior to the City Council voting
on consideration of the consent calendar.) Councilmembers
may request to have individual matters removed from the consent calendar so that they may
be heard on those matters. All matters remaining on the consent calendar may be approved
by a single vote. Any items removed from the consent calendar shall be considered
separately in the order of their appearance on the Agenda.
(g) Administrative Proceedings. Administrative This
item includes proceedings in which requiring the City Council is
required to make a quasi-judicial decision concerning an individual
application or appeal. (Public discussion permitted.)
(h) Ordinances.
(1) Introduction and First Reading. (Public discussion
permitted.)
(2) Second Reading and Adoption. (No public discussion
is permitted on second readings.)
(i) Staff Administrative Items. (Public discussion
permitted but a specific request to speak must be made in accordance with these Rules.)
(j) Public Hearings. This item consists of pPublic
hearings the time for which has been set previously or set by required
by specific provisions of law. (Public discussion permitted.)
(k) Reports of Boards and Commissions. (Public
discussion permitted but a specific request to speak must be made in accordance with these
Rules.) Boards and commissions which may present reports under this item
include all City boards and commissions and the boards of the Pier Restoration Corporation
and the Bayside District Corporation.
(l) Resolutions. A resolution should only be considered under
this item if its substance makes extensive public input advisable, or if the resolution
should be considered after another item on the posted agenda. (Public
discussion permitted.)
(m) Written Communications Other Than Reports of Commissions and
Officers. The City Clerk shall list written communications in order of
receipt. (Public discussion permitted but a specific request to speak
must be made in accordance with these Rules.)
(n) Councilmember Discussion Items. The City Clerk shall
list Councilmember discussion items in order of receipt. (Public discussion permitted but
a specific request to speak must be made in accordance with these Rules.)
The order of business shall not be changed except by majority vote of the City Council.
(o) Public Input. This item allows mMembers
of the public may to address the City Council on items
matters of interest to the public that are within the Council=s subject matter jurisdiction of the City
Council. Each speaker may address the City Council for 3 minutes. If
there are more than 10 speakers, the City Council may further limit the time of individual
speakers or the total time on a particular issue. No formal action may be
taken on the item of interest to the member of the public unless the item appeared
on the Agenda in accordance with Rule 4 any matter under this item unless the
item is specifically agendized.
(p) Order of Business. The order of business shall not be changed except by majority vote of the City Council.
RULE 7. PREPARATION OF MINUTES.
The City Clerk shall have exclusive responsibility for preparation of
the Minutes, and any directions for changes corrections in the
Minutes shall be made only by majority vote of the City Council.
RULE 8. READING APPROVAL OF MINUTES.
Unless the reading of the Minutes of a City Council meeting is ordered by a majority vote of the City Council, such Minutes of a City Council meeting may be approved without reading if the City Clerk has previously furnished each Councilmember with a copy and unless a reading is ordered by a majority vote of the Council.
RULE 9. PRESIDING OFFICER.
The Mayor shall be the Presiding Officer at all meetings of the City
Council. In the absence of the Mayor, the Mayor Pro Tempore shall preside. In the absence
of both the Mayor and Mayor Pro Tempore, the City Clerk shall call the City Council to
order whereupon and a temporary Presiding Officer shall be elected
by the Councilmembers present to serve until the arrival of the Mayor or Mayor Pro Tempore
or until adjournment.
RULE 10. POWERS AND DUTIES OF PRESIDING OFFICER.
(a) Participation. The Mayor or Mayor Pro Tempore
Presiding Officer or such other member presiding may move, second,
and debate from the chair, subject only to such limitations of debate as are imposed upon
Councilmembers by these rules, and shall not be deprived of any of the rights or
privileges of a Councilmember by reason of his or her acting as the Presiding Officer.
(b) Duties. The Presiding oOfficer shall:
(1) preserve order at all meetings of the City Council. Such Officer shall;
(2) state (or cause to be stated) each question coming before the City Council,
; (3) announce the decisions of the City Council on all subjects,;
and (4) decide all questions of order. However, individual Councilmembers may
appeal rulings on questions of order subject, however, to an
appeal by to the entire City Council, and a majority vote of the City
Council on any question of order shall govern and determine conclusively such
question of order shall conclusively determine any such appeal.
(c) Signing of Documents. The Presiding Officer shall sign all ordinances, resolutions, and other documents necessitating 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. The City Manager shall execute all contracts on behalf of the City unless otherwise ordered by the City Council. No contract shall be of any force or effect unless authorized by the City Council and approved prior thereto by the City Attorney as to form and legality.
RULE 11. SWORN TESTIMONY AND SUBPOENA POWER.
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 City Council. Any Councilmember may request that anyone appearing before the City Council on any matter shall be sworn. On receipt of such a request, all proceedings shall be suspended and the City Council will, without debate, immediately vote on whether the individual should be sworn. A majority vote of the Councilmembers present shall determine whether the speaker shall be placed under oath. All oaths will be administered by the City Clerk.
The City Council shall have the power and authority to compel the attendance of witnesses, to examine them under oath, and to compel the production of evidence before it. Subpoenas may be issued in the name of the City and be attested by the City Clerk. Disobedience of such subpoenas, or the refusal to testify (upon other than constitutional grounds) shall constitute a misdemeanor.
The City Council shall have the power to issue subpoenas as provided in City Charter Section 614.
RULE 12. RULES OF DEBATE.
(a) Getting the Floor. Every A
Councilmember desiring to speak shall first address the Chair, gain
recognition by the Presiding Officer, and shall confine himself or herself to the
question under debate, avoiding personalities and decorous language.
(b) Questions to Staff. Every Councilmember desiring to question
the City Sstaff shall , after recognition
by the Presiding Officer, address his or her questions to the City Manager,
or the City Attorney, or the City Clerk, who shall be entitled to
answer the inquiry himself or herself or to designated a
member of his or her staff for that purpose. 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.
(c) Interruptions. A Councilmember , once recognized,
who has the floor shall not be interrupted when speaking unless he or she is
called to order by the Presiding Officer, unless a point of order or a
personal privilege is raised by another Councilmember, or unless the
speaker chooses to yield to a question by another Councilmember. If a Councilmember ,
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, 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 Councilmember to appeal to the City Council.
If an appeal is taken, the question shall be: "Shall the decision of the Presiding
Officer be sustained?" A majority vote of the Councilmembers then present shall
conclusively determine the appeal and the such question of order.
(e) Point of Personal Privilege. The right of a Councilmember to
address the City Council on a question of personal privilege shall be limited to cases in
which the Councilmember's integrity, character, or motives are questioned or where the safety
or welfare of the City Council is concerned. A Councilmember raising a point
of personal privilege may interrupt another Councilmember who has the floor only if the
Presiding Officer recognizes the privilege.
(f) Privilege of Closing Debate. The Councilmember moving the introduction or adoption of an ordinance, resolution, or motion, shall have the privilege of closing debate, after all other Councilmembers have been given an opportunity to speak.
(g) Motion to Reconsider. A motion to reconsider any legislative
action taken by the City Council may be made only by one of the Councilmembers on the
prevailing side and may be seconded by any Councilmember. Such motion by a
prevailing Councilmember may be made at any time and shall have
precedence over all other motions or while a Councilmember has the floor and said motion
shall be debatable. A motion by a non-prevailing Councilmember or a request by a member of
the public for reconsideration may be made only if one year has passed since the action
was taken.
(h) Calling for the Question. Neither the moving party nor the party seconding any motion is allowed to call for the question.
(i) Limitation of Debate. Councilmembers shall limit their
remarks to the subject under debate. No Councilmember shall be allowed to speak more
than once upon any particular subject until every other Councilmember desiring to do so shall
have has spoken. Each Councilmember speaking on any one item on
the Agenda shall be limited to 10 minutes per item to state his or her opinion and views.
The Council may, by a majority vote, limit the amount of time that each Councilmember
may spend stating his or her views on a particular agenda item.
RULE 13. REMARKS OF COUNCILMEMBERS AND SYNOPSIS OF DEBATE.
A Councilmember may request, through the Presiding Officer, under the privilege of having an abstract of his or her statement on any subject under consideration by the City Council entered in the Minutes. If the City Council consents thereto, such statement shall be entered in the Minutes.
RULE 143. PROTEST AGAINST CITY COUNCIL ACTION.
Any Councilmember shall have the right to have the reasons for his or
her dissent from, or his or her protest against, opposition to any
action of the City Council entered in the Minutes. Such dissent or protest to be
entered in the Minutes opposition shall be made in the following manner:
"I would like the Minutes to show reflect that I am
opposed to this action for the following reasons . . . "
RULE 174. ADDRESSING THE CITY COUNCIL
PUBLIC TESTIMONY.
(a) Pursuant to the Brown Act, public testimony is permitted on all agenda items, except ordinances for second reading, and the public shall have an opportunity to comment on any matter which is not on the Agenda but is within the Council's jurisdiction. However, members of the public do not have the right to repeat their own previous testimony, nor do they have the right to give testimony outside the scope of or unrelated to the agenda item under consideration. Additionally, members of the public should strive to avoid unduly reiterating others= testimony.
(ab) Registration. Each person
Any member of the public wishing to address the City Council regarding any
items on the Agenda where for public discussion is
permitted shall register first with the City Clerk his
or her name and address prior to the start of the meeting, if possible, but no
later than prior to any discussion of the public hearing on that
item. , and preferably shall register prior to the start of the City
Council meeting. Any request received after the start of the hearing shall be
considered late and may only be heard with Council approval.
(bc) Manner of Addressing the City Council.
After being recognized by the Presiding Officer, eEach person
desiring member of the public to addressing the
City Council shall step up go to the microphone in front
of the rail podium, state his or her name, and address for
the record, state the subject he or she wishes to discuss, state and whom
he or she is representing, if he or she represents an organization or other person.
All remarks shall be addressed to the City Council as a whole and not to any individual
member thereof. After a public hearing has been closed, no member of the public shall
address the City Council on the matter under consideration without first securing Council
approval.
(d) General Time Limits. Unless further time is
granted by majority vote of the City Council, a person shall limit his or her remarks to
three minutes per item, except if he or she is the applicant or appellant on an
Administrative Proceeding item, in which case a person shall limit his or her remarks to
ten minutes. All remarks shall be addressed to the City Council as a whole and not to any
member thereof. No questions shall be asked of a Councilmember or a member of the City
Staff without the permission of the Presiding Officer. Except on 13 Items,
members of the public shall limit their remarks to three minutes per agenda item unless
the City Council grants additional time by majority vote. For purposes of these Rules, the
consent calendar shall be considered one item. On 13 Items, those speaking on another=s item shall have one minute which may be taken
during the 13 Item if the person raising the matter appears and testifies. If the person
who raises the item does not appear and testify, the matter shall be received and filed
and persons wishing to speak on the matter may give their testimony during Item 15 (public
input). A member of the public wishing to speak on more than one item shall limit his or
her remarks to three minutes on the item he or she considers most important, two minutes
on the next most important item, and one minute on any other item unless the Council
grants additional time by majority vote. A Board or Commission member reporting to the
City Council on behalf of a Board or Commission shall not be subject to these rules on
time limits; however, Council may limit the duration of such reports.
(e) Special Time Limits for Lengthy Meetings. If fifteen or more members of the public wish to speak on one item, or if forty or more members of the public wish to speak on any combination of items, each speaker's remarks shall be limited to two minutes.
(f) Special Time Limits for Applicants and Appellants.
Applicants and appellants on administrative items shall limit their remarks to ten minutes
and may reserve some of their time for use at the conclusion of the public hearing;
however, the appellant shall have the final opportunity to address the City Council.
(c) Discretion to Limit Duration and Number of Speakers. Where more than one person desires to speak on a particular item, it shall be within the discretion of the Presiding Officer to limit the number and duration of presentations to not less than 10 minutes for each side giving equal time for each position or side. It is recommended that a spokesperson for each side be chosen prior to the meeting and the City Clerk shall advise persons of this recommendation. If a spokesperson has not been selected prior to the meeting, the item may be called and the Presiding Officer may either pass the item or grant a recess to permit the selection of a spokesperson. The Presiding Officer may also determine which persons have a predominate or proprietary interest in an item and permit such person or persons to speak first. Nothing in this Section shall be deemed to preclude the Presiding Officer or a majority of Councilmembers present from allowing extended debate on any matter.
(d) Consent Calendar and Persons Speaking on More than One Item. Any one person wishing to speak on more than one item shall limit his or her remarks to three minutes on the item he or she considers most important, two minutes on the item he or she considers next most important, and one minute on any other item unless further time is granted by a majority vote of the City Council. With regard to matters appearing on the Consent Calendar, each member of the public wishing to speak will be given no more than one opportunity to address the City Council concerning items on the consent calendar. For purposes of these rules, the consent calendar as a whole shall be considered one item regardless of the number of matters appearing on the consent calendar. Members of the public who request to speak on the consent calendar may speak for no more than three minutes on matters appearing on the Consent Calendar as provided for in these rules. This Rule does not apply with respect to a Report from a Board or Commission nor to an applicant or appellant speaking on an Administrative Proceeding item.
(e) 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.
(f) Special Time Limitations. Notwithstanding any other provision of these Rules, if fifteen or more persons wish to speak on such an item, or if 40 or more requests to speak on any combination of items, each speaker's remarks shall be limited to two minutes. This Rule shall not apply with respect to a Report from a Board or Commission nor to an applicant or appellant speaking on an Administrative Proceeding item.
RULE 185. RULES OF DECORUM CONDUCT.
(a) Councilmembers. When the City Council is in
session, Councilmembers all persons present must preserve order.
and decorum. , and a Councilmember shall neither by conversation or otherwise
delay or interrupt the proceedings or the peace of the City Council nor disturb any
Councilmember while speaking or refuse to obey the orders of the Presiding Officer.
Members of the public should sit in the seats provided, unless addressing the Council
or entering or leaving the Council Chambers, should not block the aisles with personal
belongings and should not bring audible equipment into the Council Chambers including
cellular telephones or pagers. Councilmembers shall not leave their seats
during a meeting without first obtaining the permission of the Presiding Officer.
(b) Employees. Members of the City Staff and employees shall observe the same rules of order and decorum as are applicable to the City Council, with the exception that members of the City Staff who are not seated at the city Council table may leave their seats during a meeting without first obtaining the permission of the Presiding Officer.
(c) Persons Addressing the Council.
(1) No person other than a Councilmember and the person having the floor shall be permitted to enter into discussions, either directly or through a Councilmember, without permission of the Presiding Officer.
(2) No questions shall be asked a Councilmember except through the Presiding Officer.
(3) All remarks shall be addressed to the City Council as a body and not to any one member thereof.
(4) Any person who making impertinent,
slanderous, or profane remarks, or who becomes boisterous disrupts the meeting
while addressing the City Council, shall be called to order by the
Presiding Officer. and, i If such conduct continues, may
at the discretion of the Presiding Officer , be barred from further
audience before the City Council during that meeting. may request the Sergeant
at Arms to remove the person from Council chambers.
(d) Members of the Audience.
(1) Any person in the audience or at the City Council table who engages in disorderly conduct such as hand clapping, stamping of feet, whistling, using profane language, yelling, and similar demonstrations, or who disturbs the peace and good order of the meeting, or who refuses to comply with the lawful orders of the Presiding Officer shall be guilty of a misdemeanor and upon instructions from the Presiding Officer, with the consent of the majority, through the City Manager, it shall be the duty of the Sergeant at Arms to remove any such person from the City Council Chambers and to place him or her under arrest.
(2) No person shall be permitted to interrupt the individual Councilmembers or the City Clerk when the City Council is in session.
(3) Except with prior authorization of the Presiding Officer, no placards, signs or posters, packages, bundles, suitcases, or other large objects shall be brought into the City Council Chambers.
(4) Unless addressing the City Council or entering or leaving the City Council Chambers, all persons in the audience shall remain sitting in the seats provided. No person shall stand or sit in the aisles or along the walls nor shall the doorways be blocked.
(5) Except with prior authorization of the Presiding Officer, the distribution of literature, of whatever nature or kind, is prohibited.
(e) Persons Authorized to be Within Rail. No person except Councilmembers and City Staff and recognized representatives of the news media shall be permitted within the rail without the consent of the Presiding Officer.
(f) 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
through the City Manager for the purpose of maintaining order and decorum
at City Council meetings. Any Councilmember may move to require the Presiding Officer to
enforce the rules, and the affirmative vote of a majority of the City Council shall
require him or her to do so.
RULE 16. SEATING ORDER.
After each municipal election, the City Clerk shall determine City Council member seating order by drawing lots.
RULE 21 17. ENTITLEMENT TO VOTE AND
FAILURE TO VOTE.
Every Councilmember is entitled to vote unless disqualified by reason
of a conflict of interest. A Councilmember who abstains from voting in effect
consents that a majority of the quorum may decide the question voted upon
to the decision made by the voting Councilmembers.
RULE 19 18. VOTING PROCEDURE.
Any vote of the City Council, including a roll call vote, may be
registered by the members by casting their votes electronically and by answering
"AyeYes" for an affirmative vote or "No" for a
negative vote upon his or her name being called by the City Clerk. Unless a member
of the City Council states that he or she is not voting, silence shall be recorded as an
affirmative vote. Voting order shall be based on seating order with each roll
call vote beginning at alternating ends of the dias and the Mayor voting last.
RULE 20 19. DISQUALIFICATION FOR CONFLICT OF
INTEREST.
Any Councilmember 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 an open meeting and
shall leave the dais prior to Council consideration of the matter. Where no
thoroughly disqualifying conflict of interest appears, the matter of disqualification may,
at the request of the Councilmember affected, be decided by the other Councilmembers.
A Councilmember 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
City Council table and leave the City Council Chambers. A Councilmember stating
such disqualification shall not be counted as part of a quorum and shall be considered
absent for the purpose of determining the outcome of any vote on such matter.
RULE 22 20. TIE VOTE.
Tie votes shall be lost motions and may be reconsidered.
RULE 23 21. CHANGING VOTE.
The vote of a Councilmember may be changed only if he or she makes a timely request to do so immediately following the announcement of the vote by the City Clerk or the presiding officer and prior to the time that the next item in the order of business is taken up.
RULE 24 22. PROCEDURE ON AGENDA ITEMS REQUIRING
A MOTION.
The following procedure shall be followed in connection with any Agenda item requiring a motion:
(a) City Clerk reads the title.
(b) Explanation by City Manager, if called for by the Presiding
Officer. Presiding Officer calls for a staff report.
(c) Councilmembers qQuestions
to City Manager staff by Councilmembers.
(d) All background material complete at this point.
(ed) Public to be heard subject to the
limitations set forth herein. Council conducts Public hearing.
(f) Close of public discussion.
(ge) Presiding officer to ask for a
motion and second. Council deliberates.
(hf) Motion and discussion by the City
Council A Councilmember makes a motion, the Council debates it, and the maker
of the motion has an opportunity to close debate.
(i) The maker of the motion to have a chance for further discussion.
(jg) The Presiding Officer or City
Clerk to restates the motion.
(kh) The Council vVotes
on the motion.
(i) The Presiding Officer or City Clerk announces result.
RULE 25. ORDINANCES, RESOLUTIONS, AND CONTRACTS.
(a) The preparation of ordinances shall be ordered only by a majority vote of the City Council, except for those ordinances specified in section 619 of the City Charter. All ordinances shall be prepared by the City Attorney.
(b) Ordinances shall be prepared according to three priorities. When requesting the preparation of ordinances, the City Council shall instruct the City Attorney as to whether the request is "urgent." The City Attorney shall classify all other requests for ordinances as "normal" or "extended."
(c) Ordinances designated as "urgent" shall be returned to the City Council at the next subsequent City Council meeting. Likewise, ordinances for second reading shall be returned to the City Council at the next subsequent meeting. Ordinances designated as "normal" or "extended" shall be returned according to the schedule of due dates prepared by the City Attorney.
(d) Specific due dates for each ordinance, other than those designated "urgent," shall be determined by the City Attorney and due dates for all ordinances shall be communicated to the City Council in the next subsequent Agenda package. Insofar as practicable, the City Attorney shall endeavor to return ordinances to the City Council which have been designated as "normal" within four weeks of the request therefor.
(e) Ordinances designated as "normal" shall be processed in the following manner:
(1) The City Attorney shall schedule due dates for such requests on the day following the City Council meeting at which the request is made.
(2) By 12:00 noon one calendar week and two days following said meeting (the second Thursday following), the City Attorney shall submit drafts of requested ordinances to the City Manager for review.
(3) By 12:00 noon one calendar week and six days following said meeting (the second Monday following), and following his review, the City Manager shall return said drafts to the City Attorney.
(4) By 10:00 a.m. two weeks and two days following said meeting (the third Thursday following), the City Attorney shall submit final documents of requested ordinances to the City Manager, to be included in the Agenda package for the next subsequent City Council meeting for first reading.
(f) Resolutions shall be prepared, when requested by the City Council, in the same manner as ordinances in the "normal" cycle.
(g) Ordinances and resolutions may be voted on in a group rather than separately, unless a Councilmember expresses a desire to debate a particular ordinance or resolution, where there is a division of votes "pro" or "con," or where a specific number of votes is required by law, in which cases the particular ordinance or resolution shall be considered separately.
(h) A resolution, unless laid over by a majority vote of the City Council, shall be acted upon on the day of presentation.
(i) Matters coming before the City Council in the form of recommendations which require the preparation of an ordinance and subsequent first and second readings shall be open to public discussion, except at the time of second reading.
(j) The Presiding Officer, before calling for a motion on the adoption of any resolution, shall first inquire if there is anyone who desires to be heard on said proposed resolution. All persons desiring to be heard must have registered with the City Clerk, prior to the discussion of the resolution, their name and address, and the resolution item they wish to speak on and the Presiding Officer will call upon speakers from that list. Public hearings held at the time of first reading and introduction of ordinances shall be conducted, insofar as applicable, in the same manner.
(k) At the time of adoption of an ordinance or a resolution, it shall be read in full unless after reading the title thereof, further reading is waived by a unanimous vote of the Councilmembers present. Such consent may be expressed by a statement of the Presiding officer that "If there is no objection, the further reading of the Ordinance or Resolution is waived."
(l) Resolutions may be adopted by the City Council by title only, and the City Council may direct that the resolution, other than the title, be drafted following such adoption. In this event, it is not necessary that resolutions so adopted be returned to the City Council after the date of their adoption.
(m) Contracts for which amounts have been budgeted previously by the City Council shall be deemed approved by the budgeting of such amounts and shall not be required to be presented to the City Council for further approval or authorization for the City Manager to execute the same, so long as the amounts represented by such contracts are the same as those amounts approved and budgeted.
RULE 26. PRIOR APPROVAL BY ADMINISTRATIVE STAFF.
All ordinances, resolutions, and contract documents shall, before presentation to the City Council, have been approved as to form and legality by the City Attorney, and shall have been examined for administration by the City Manager or his or her authorized representative. No request for the preparation of an ordinance or other item by the City Council shall be placed on the Agenda before the final, reviewed document has been received by the City Manager.
RULE 27. INFORMAL MEETINGS.
The City Council, subject to notice and other requirements imposed by law, may hold informal meetings in the City Council Chamber of City Hall at such times as may be designated in an order for a special meeting. At any such informal meeting, the City Council shall not take any formal or binding action upon any formal motion, resolution, ordinance, nor any other action required by law to be taken by the City Council. Such informal sessions shall be devoted exclusively to the presentation and exchange of information.
RULE 28. JOINT MEETINGS WITH BOARDS AND COMMISSIONS.
The City Council, during the year, shall meet with the individual Boards and Commissions at least once, when feasible with the Agenda of the City Council, said meetings to be calendared as study sessions, to be held in the City Council Chamber at such time as is convenient to the Councilmembers.
RULE 29. COMMUNICATIONS BY BOARDS AND COMMISSIONS.
No City Board or Commission shall transmit an official resolution or any other correspondence of said Board or Commission on any matter of City policy to any non-City Agency, Board, or Commission without a vote of such Board or Commission to do so, nor without the prior approval of the City Council that such communication be so transmitted.
RULE 30 23. PRESENCE OF CITY STAFF AT CITY
COUNCIL MEETINGS.
The City Manager, City Clerk, and City Attorney, or, in their absence,
their authorized representatives, shall attend and be present during all City Council
meetings and give necessary service and advice. However, any of the above is
permitted to leave the City Council Chamber after seeking and obtaining permission from
the Presiding officer and be absent therefrom for a period of time not to exceed 10
minutes without said absence causing a halt in the City Council proceedings.
RULE 31 24. ADJOURNMENT.
Unless otherwise determined by a two-thirds vote of those
Councilmembers present, Aall City Council meetings shall
adjourn at 11:00 p.m., unless otherwise determined by a two-thirds vote of those
Councilmembers present, or as soon thereafter as the requirements of state law
governing public comment are fulfilled.
RULE 32 25. RECORD OF MEETINGS.
All public meetings of the City Council shall be recorded by tape
recorder. The recording shall be made by the City Clerk and shall be part of the
records of the City Council and retained in accordance with the City's record
retention schedule. The use of other recording or television equipment is permitted so
long as it is not disruptive of the meeting.
RULE 33 26. INTERPRETATION AND MODIFICATION OF
THESE RULES.
These rules shall be interpreted liberally in order to provide for the optimum in the free interchange of information and public debate without an unnecessary waste of time or duplication of effort. These rules may be amended by resolution.
RULE 16 27. FAILURE TO OBSERVE RULES OF ORDER.
These rules of order and procedures govern the conduct of City Council
meetings. These Rrules adopted are
intended to expedite the transaction of the business of the City Council in an orderly
fashion and are deemed to be procedural only. and the fFailure
to strictly observe such these rules shall not affect the
jurisdiction of the City Council or invalidate any action taken at a meeting that is
otherwise held in conformitys with
to law.
SECTION 2. Resolution Numbers 4525 (CCS), 4548 (CCS), 4570 (CCS), 4631
(CCS), 4848 (CCS), 4909 (CCS), 6387 (CCS), 6744 (CCS), 7212 (CCS), 7279 (CCS), 7353 (CCS),
7417 (CCS), 7447 (CCS), 8168 (CCS), 8489 (CCS), and 8525 (CCS), and each of them,
and any all other resolution adopting, amending, or relating to
City Council Rules of Order, are hereby repealed in its their
entirety.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
Marsha Moutrie
City Attorney
Adopted and approved this ____ day of _________________, 1998.
Mayor
I hereby certify that the foregoing Resolution No. ____ (CCS) was duly adopted by the City Council of the City of Santa Monica at a meeting thereof held on ____________, 1998, by the following Council vote:
Ayes: Councilmembers:
Noes: Councilmembers:
Abstain: Councilmembers:
Absent: Councilmembers:
ATTEST:
Maria Stewart, City Clerk