HomeMy Public PortalAbout07) 7C Adoption of Resolution No. 14-4695 Amending Rules of Order and ProtocolsAGENDA
ITEM 7.C.
MANAGEMENT SERVICES DEPARTMENT
MEMORANDUM
DATE: January 21, 2014
TO: The Honorable City Council
FROM: Tracey L. Hause, Acting City Manager/Administrative Services Director
Via: Eric S. Vail, City Attorney
By: Peggy Kuo, City Clerk
Marilyn Bonus, Deputy City Clerk
SUBJECT: ADOPTION OF RESOLUTION NO. 14-4695 AMENDING RULES OF
ORDERANDPROTOCOLS
RECOMMENDATION:
The City Council is requested to adopt Resolution No. 14-4695 (Attachment "A"),
approving amended Rules of Order and Protocols reducing the public speaker time
from five to three minutes.
BACKGROUND:
1. On April 7, 2009, City Council approved to include two public comment sections on
the City Council meeting agenda, one at the beginning and one at the end of the
agenda and limit five minutes per speaker.
2. On November 16, 2010, the City Council conducted a noticed meeting and
adopted Resolution 1 0-4695 confirming its previous Rules of Order, but also
adding new "Protocols" governing the expected ethical conduct of City
Councilmembers, Commissioners, and Board members. The City Council has
long utilized rules of order to organize and run its meetings and those of its boards
and commissions.
2. On April 12, 2012, in accordance with the best practice of periodically reviewing
the Rules of Order and Protocols, the City Council conducted a noticed public
review of these documents. As a resu lt of that review, the City Council determined
that it was in the best interest of the City and its citizens to amend certain sections
of the Rules of Order and Protocols, and instructed the City Attorney's Office to
prepare the necessary resolution.
3. On January 7, 2014, City Council directed staff to bring an item for consideration
revising the City Council Rules of Order reducing the public speaker time from five
City Council
January 21, 2014
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minutes to three minutes in an effort to limit repetition of any one individual's public
comment during the time frame allotted to such speaker.
ANALYSIS:
At the meeting of January 7, 2014, the City Council expressed interest to reduce the
public comment time per speaker during City Council meetings from five minutes to
three minutes. It has come to City Council's attention that most members of the public
are able to convey their concerns or make their comments within a couple of minutes,
however points maybe repeated because there is time remaining on the clock.
Currently, any member of the public can address the City Council at the beginning of
the meeting and towards the end of the meeting. Additionally, the public can pull an
item on the "Consent Calendar" for further discussion and also address the City Council
during the "New Business" and "Unfinished Business" section, on specific items, of the
meeting. Reducing the public speaker time from five to three minutes still allows
sufficient time for the public to share their comments with City Council and because
there are many opportunities to address City Council, the reduction in time should not
have a significant impact.
Since the meeting proceedings are established by City Council by way of the Rules of
Order and Meeting Protocol (Rules of Order), it is necessary to amend the Rules of
Order in order to change the time limit for public comment on a meeting agenda.
Proposed Resolution 14-4695 includes amended Rules of Order as Exhibit "A" to reflect
the change to the public comment section of a meeting agenda. Below is a summary
of the proposed change for City Council consideration:
RULES OF ORDER:
SECTION 10. ADDRESSING THE CITY COUNCIL
B. Each person addressing the City Council 1) should speak into the
microphone at the speakers' podiu m; 2) should, but is not required to, state
his or her name and address; 3) shall limit the address to five minutes three
minutes unless additional time is granted by the Mayor; 4) no person other
than the City Council and the person having the floor shall be permitted to
discuss any matter either directly or through a member of the City Council
without permission of the Mayor/Chair; and 5) shall address all remarks to
the City Council as a body, not to any individual member or to the audience.
CONCLUSION:
Proposed Resolution 14-4695 will reduce the public speaker time from five to three
minutes. Speakers will still have sufficient time to address the City Council and prevent
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January 21, 2014
Page 3 of 3
repetition of information.
FISCAL IMPACT:
This item does not have an impact on the Fiscal Year (FY) 2013-14 City Budget.
ATTACHMENTIS):
A. Resolution 14-4695
ATTACHMENT A
RESOLUTION NO. 14-4695
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE
CITY, CALIFORNIA, ADOPTING AMENDED RULES OF ORDER AND
PROTOCOLS.
WHEREAS, Section 603(H) of the City Charter of the City of Temple City provides:
"The City Council may establish rules for the conduct of its proceedings, including, but not limited to,
provision for the punishment of any person who engages in disorderly conduct at a City Council meeting;"
and,
WHEREAS, on November 16, 2010, the City Council adopted Resolution 10-4695, including Rules
of Order and Protocols applicable to the City Council and all the City's Commissions and Boards; and,
WHEREAS, on April12, 2012, the City Council conducted a public review of the Rules of Order and
Protocols and determined that it was in the best interest of the City and its citizens that certain provisions of
the Rules of Order and Protocols be amended; and,
WHEREAS, the City Council declares that amendment of the Rules of Order and Protocols limiting
the allotment for speakers' to address the City Council from 5 minutes to three (3) minutes to allow sufficient
time and prevent repetition, while balancing the right of citizen comment with the efficient flow of business at
Council Meetings.
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY RESOLVE, DETERMINE AND
ORDER AS FOLLOWS:
SECTION 1. RULES OF ORDER
The "Rules of Order for City Council and Commission Meetings," as amended and attached hereto
and incorporated herein by this reference as Exhibit "A," are hereby adopted.
SECTION 2. PROTOCOLS
The "City Council and Commission Protocols," as amended and attached hereto and incorporated
herein by this reference as Exhibit "B," are hereby adopted.
SECTION 3. APPLICABILITY
(a) The Rules of Order and the Protocols will be used and followed by all members of the City
Council, and its Commissions and Boards.
(b) All members of the City Council and its Commissions and Boards shall execute a
statement, provided to them by the City Clerk, certifying that they have received and reviewed the Rules of
Order and the Protocols.
(c) In the case of a Commission or Board, the term "Chairperson" shall be substituted for
Mayor and the name of the Commission or Board shall be substituted for City Council or Council.
SECTION 4. CLERK'S CERTIFICATION
The City Clerk shall certify to the adoption of this resolution.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Temple City at a meeting held on
the 21 ''day of January, 2014.
Mayor
ATTEST:
City Clerk
CLERK'S CERTIFICATION
I hereby certify that the foregoing resolution, Resolution No. 14-4695 was duly passed, approved
and adopted by the City Council of the City of Temple City at a regular meeting held on the 21" day of
January, 2014, by the following vote:
AYES: Councilmember:
NOES: Councilmember:
ABSENT: Councilmember:
ABSTAIN: Councilmember:
Deputy City Clerk
RIV #4844-61 07-8031 vI -2-
CITY OF TEMPLE CITY
RULES OF ORDER
FOR
CITY COUNCIL AND CITY COMMISSION MEETINGS
SECTION 1. REGULAR MEETINGS
Regular meetings shall be held at the location and at the time indicated by Ordinance unless a
change in meeting date or time is authorized by the City Council; once convened, such meeting may be
adjourned to another location within the City if unusually large crowds or other circumstances warrant.
A. Adjourned Meetings
All meetings may be adjourned to a time, place and date certain, but not beyond the next
regular meeting. Once adjourned, the meeting may not be reconvened. Only matters
listed on the Agenda may be discussed or decided.
B. Special Meetings
Special meetings may be called by the Mayor or majority of members of the Council on 24-
hour notice, as set forth in Government Code 54950 et seq. (commonly known as the
Ralph M. Brown Act -hereinafter the Brown Act). Only matters contained in the notice
may be considered.
C. All meetings are open to the public except certain "personnel", litigation matters or real
estate negotiations, or as otherwise prescribed by the Brown Act; closed sessions may be
held only during a duly called meeting of the City Council.
SECTION 2. NOTICE
Notice of all regular, special and adjourned meetings must be provided and posted in accordance
with the Brown Act. Seventy-two hours' notice is required for regular meetings; 24 hour notice for special
meetings.
SECTION 3. QUORUM
Pursuant to Section 603(E) of the City Charter, three (3) members of the City Council shall
constitute a quorum of the City Council. Motions may be passed 2-1 if only 3 attend, but resolutions, orders
for the payment of money, and all ordinances require a recorded majority vote of the total membership of
the City Council (Government Code Section 36936).
SECTION 3(A). VOTING
Unless disqualified (as defined in Section 3B(2)), Members of the City Council are entitled to
exercise their right to cast their vote on items of business brought before the Council. There are two
common methods of voting. The City Council hereby determines to use the following methods in the order
presented, unless a certain method is required by law or demanded by any member of the City Council:
(1) No Objection/Unanimous Consent: A pmperly offered and seconded motion may be passed
by Unanimous Consent of the members. The Mayor shall declare a motion, duly made and
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Amended January 21, 2014
seconded, is before the City Council. The Mayor shall then declare there being no objection,
the motion is adopted by unanimous consent. Any motion adopted by this method shall be
considered a recorded unanimous approval of the motion in the minutes by the City Clerk.
(2) Roll Call: Any member of the City Council may demand any motion be voted upon by roll call
vote. Upon such demand, the Mayor shall request the City Clerk conduct a roll call, with each
member of the City Council declaring yea, nay, or abstain. Upon conclusion of the roll call,
the City Clerk shall declare the results of the roll call. It shall not be in order for members to
explain their vote before the next order of business.
SECTION 3(B). FAILURE TO VOTE, DISQUALIFICATION, AND APPEAL OF CHAIR'S RULING
(1) Failure to vote: Every member should vote unless disqualified for cause accepted by vote
of the Council or by opinion of the City Attorney. Self-disqualification, with approval, which
results in a tie vote should be avoided as thwarting Council action, but no member can be
forced to vote.
a. The abstainer, in effect, "consents" that a majority of the quorum may act
for him/her.
b. Tie votes are "lost motions" and may be reconsidered later.
(2) Disqualification: Where a Councilmember suffers a conflict of interest, bias, or
predetermination, such member shall state the nature of the disqualification, leave the dais
and the Council chamber and, his vote or lack of it shall not be considered, nor shall he be
counted toward a quorum.
(3) Appeal: Any decision or ruling of the Mayor may be appealed by request of any member.
The Mayor shall call for a roll call to see if the Mayor shall be upheld. If the roll call loses,
the Mayor is reversed.
SECTION 4. CORRECT LEGAL DOCUMENT
Upon occasion, ordinances or resolutions are submitted in longhand or in draft form with on-the-
spot amendments. These preliminary papers may be re-typed in final form; such re-draft, when signed and
attested, becomes the original and proper document to be retained in the files.
SECTION 5. THE MINUTES
Minutes are the concern of the City Clerk or Secretary until presented to the Council, Commission
or Board for approval. The Council, Commission or Board may then, by motion, make such corrections as
conform to fact.
A. The minutes shall include the date, hour and place of the meeting; whether it is a regular,
adjourned regular or special meeting; the names of the Councilmembers and staff present
and absent; and any action taken by the City Council.
B. If any Councilmember arrives late or departs before the adjournment, the minutes shall
reflect his or her arrival or departure time.
C. The minutes should be a clear and concise statement of the actions taken at the Council
meeting, including the motions made and the vote thereon.
D. Whenever the Council acts in a quasi-judicial proceeding such as assessment or zoning
matters, it is necessary to compile a complete summary of the witnesses.
SECTION 6. ACTIONS
(1) Motions: Any Councilmember may initiate an item for formal consideration by the City
Council through the making of a motion. An individual Councilmember may make an
independent motion, may make a motion to implement staff recommendation, or may
request assistance from the City Manager or City Attorney as to the form of a proposed
motion. Upon making of the motion, a second Councilmember may second the motion. A
duly offered and seconded motion shall be restated by the Mayor, City Manager, or City
Attorney. Unless withdrawn, the City Council shall vote upon the motion, as provided in
Section 3(A).
(2) Resolutions: A resolution is a formal document that records an action of the City Council.
Resolutions are considered by the City Council upon motion and proper second.
Resolutions are sometimes required by law or may be recommended by the City Manager
or City Attorney to record an action of the City Council which is considered of particular
importance.
(3) Ordinances: Ordinances are the vehicle used by the City Council to repeal or amend
existing law, as codified in the Temple City Municipal Code, or to enact new law. In
accordance with Section 606 of the City Charter and the California Government Code,
ordinances are considered by the City Council in a two-step process. Unless determined to
be an item of Urgency by a four-fifths vote of the City Council, ordinances are introduced by
the City Council at one meeting and then approved and adopted at a subsequent meeting.
Thirty days alter adoption, the ordinance becomes effective.
(a) Any ordinance may be read at both first and second reading/adoption "by title
only", if reading in lull is waived by majority vote.
(b) The motion to introduce or adopt the ordinance on reading by title only may be
adopted by Unanimous Consent. Any member may demand a roll call vote and a
majority vote is required, otherwise the motion fails and the ordinance must be
read in full.
(c) No changes except clerical corrections are allowed alter first reading or the
ordinance returns for introduction and first reading.
(d) Adoption (which may occur only once five days have elapsed since first reading)
i. Either must be read in full or Unanimous Consent procedure to be read "by
title only."
ii. The City Clerk reads title, then City Council votes on a motion to read by
title only. Roll call, if demanded.
iii. If the motion to read, by title only, passes, the ordinance is ready for
adoption, otherwise must be read in lull.
iv. While Unanimous Consent procedure is legally sufficient, the roll call
procedure to adopt is recommended. Each ordinance should be passed
only by this double motion method: a combination motion to "adopt by
reading title only" is dangerous in that if the Council splits, the passage
may be defective.
(e) Effective dale
All ordinances, except as provided in Section 36937 of the Government Code
(Urgency Ordinances), shall become effective thirty days after adoption or upon
such later date as may be designated in the ordinance.
(f) Publishing
It is the duty of the City Clerk to publish or post the ordinance as set forth in
Section 36933 of the Government Code within fifteen days after adoption; failure to
do so may invalidate the ordinance.
(g) Urgency Ordinances
II any Urgency Ordinance fails to receive an affirmative vote of 4/5ths of the
members, such ordinance shall be as if it had not been read as an emergency
enactment. Urgency ordinances must pass by a 4/5ths vote, and must be
published and become effective immediately. Emergency ordinances may be
declared void by the Courts if no true urgency existed.
(4) The right of a member to address the Council on a question of personal privilege shall be
limited to cases in which his integrity, character, or motives are questioned, or to where the
welfare of the Council is concerned may interrupt another speaker if the Mayor recognizes
the privilege.
SECTION 6(A). RECONSIDERATION
Any member who voted with the majority rnay move a reconsideration of any action at the same (or
"have entered on the minutes" for vote at the next succeeding meeting), providing no legal rights
have intervened to create an estoppel. After a motion for reconsideration has once been acted
upon, no other motion for a reconsideration thereof shall be made without unanimous consent.
SECTION 7. PRECEDENCE OF MOTIONS
A. Processing of Motions
When a motion is made and seconded, it shall be stated by the Mayor/Chair before debate.
A motion may not be withdrawn by the mover without consent of the member seconding it
and the approval of the Council.
1. Motions out of order
The Mayor may, at any time by Unanimous Consent, permit a member to introduce
an ordinance, resolution, or motion out of the regular agenda order.
2. Division of question
If the question contains two or more divisible propositions, the Mayor may, and
upon request of a member shall, divide the question and require a vote on each
portion of the question.
B. Precedence of Motions
When a motion is before the Council, no motion shall be entertained except:
to adjourn
to fix hour of adjournment
to lay on the table
for the previous question
to postpone to a certain day
to refer
to amend
to postpone indefinitely
These motions shall have precedence in the order indicated.
1. Motion to adjourn (not debatable)
A motion to adjourn shall be in order at any time, except as follows:
a. when repeated without intervening business or discussion
b. when made as an interruption of a member while speaking
c. when the previous question has been ordered
d. while a vote is being taken
A motion to adjourn "to another time" is debatable only as to the time to which the
meeting is adjourned.
2. Motion to fix hour of adjournment
Purpose is to set a definite time at which to adjourn. Undebatable and
unamendable except as to time set.
3. Motion to table
Purpose is to temporarily by-pass the subject. A motion to lay on the table is
undebatable and shall preclude all amendments or debate of the subject under
consideration. If the motion shall prevail, the matter may be "taken from the table"
at any time prior to the end of the next regular meeting.
4. Motion for previous question
Purpose is to close debate on main motion. Undebatable. Just indicating
"question" does not accomplish the same thing. If motion fails, debate is
reopened; if motion passes, then vote on the main motion is in order.
5. Motion to amend (debatable only as to amendment)
A rnotion to amend an amendment is in order, but one to amend an amendment to
an amendment is not. An amendment modifying the intention of a motion is in
order, but an amendment relating to a different matter shall not be in order. A
substitute motion on the same subject is acceptable. Amendments are voted first,
then the main motion is amended.
6. Motion to postpone
A motion to postpone indefinitely is fully debatable and if the same is adopted, the
principal question shall be declared lost. Motions to postpone to a definite time are
amendable and debatable as to propriety of postponement and time set. Motions
to refer are similarly not debatable, except to the propriety of referring.
7. Withdrawing a motion
SECTION 8.
A motion may be withdrawn if the motion has not been stated by the Mayor/Chair.
A withdrawn motion does not appear in the minutes. Once a motion has been
stated by the Mayor/Chair, it can be withdrawn only by Unanimous Consent or by a
majority Roll Call vote.
CONDUCT OF PUBLIC HEARING
A. Hearing: Mayor opens audience participation portion of public hearing.
B. Evidence: The parties concerned, at this point, must be prepared to submit all evidence
pertinent to their position. However, in order to save time, anyone may refer to previous
testimony or to documents previously filed, as all of the records, exhibits, and minutes of
other meetings are before each member, all of which is part of the record.
Each speaker is required to abstain from irrelevant testimony, repetition, excessive
hearsay, indulging in personalities or making statements not recorded by the secretary.
All parties are reminded to restrict their remarks to matters relevant to the pertinent portions
of the Municipal Code.
C. Witnesses: Each person who desires to speak must first be recognized by the Mayor.
Upon receiving recognition, the speaker should give his or her name and address for the
record. If a person refuses to give their name and address tor the record, then their
statement will not be considered as evidence in the proceeding, but will be lodged as a
comment from an anonymous member of the public in accordance with the Brown Act.
D. Format of hearing: The applicant will be given the opportunity to present his or her case
first.
The opponents will then be permitted to present their case.
The applicant will then be allowed to present rebuttal (not supplemental) evidence.
E. Petitions -Letters: Evidence in administrative hearings may not be read unless the writer is
present lor cross-examination or unless the other side consents.
F. Close of hearing: Mayor will call the public hearing to be closed. After the close of the
hearing, the Mayor will ask for a motion disposing of the matter.
SECTION 9. EX-OFFICIO MEMBERS
Ex-officio members have all of the rights of any other member, but none of the obligations.
They are not counted in quorum, but must be notified of all meetings.
SECTION 10. ADDRESSING THE CITY COUNCIL
A. Public comment
Any person may address the City Council regarding any matter with which they are
concerned. Comments on issues already on the agenda should be saved until that item is
being discussed. All other comments regarding issues not on the agenda should be made
during Oral Communications. While the purview of the City Council is broad, members of
the public should make remarks or comments only on items within the jurisdiction of the
City Council. Remarks not within the scope of the City Council's authority shall be ruled out
of order by the Mayor.
B. Each person addressing the City Council 1) should speak into the microphone at the
speakers' podium; 2) should, but is not required to, state his or her name and address; 3)
shall limit the address to f+v.e-ffilrn:ltes three minutes unless additional time is aranted by the
~; 4) no person other than the City Council and the person having the floor shall be
permitted to discuss any matter either directly or through a member of the City Council
without permission of the Mayor/Chair; and 5) shall address all remarks to the City Council
as a body, not to any individual member or to the audience.
C. No action may be taken on any matter which is not listed on the Agenda.
D. When an identifiable group of persons wishes to address the City Council, on the same
agenda item, the Mayor shall have the discretion to request that a spokesperson be chosen
by the group to address the City Council. If additional issues are to be presented on the
subject by any other member of such group, the Mayor may limit the number of persons
and the time period for speaking to the City Council, to avoid unnecessary repetition of
issues.
E. Any person making personal, impertinent or slanderous remarks, or who becomes unruly
while addressing the City Council, shall be barred from further speaking at said meeting
before the City Council and may be ejected if his or her conduct disrupts the meetings.
SECTION 11. AGENDA
The Brown Act requires that no action may be taken at any time unless on a printed and posted
Agenda containing sufficient information to apprise a reasonable person of the scope of any proposed
action.
Individual Councilmembers may place an item on the Agenda by contacting the City Manager the
Monday before the Agenda deadline. The City Manager will make every effort to place the item on the next
succeeding Agenda. However, should the City Manager determine the Agenda item would require
significant staff resources or be received late in the agenda process, the City Manager shall place the item
on the Agenda within thirty {30) days of the meeting next following, as an "Informational and Directional"
item to ascertain if the City Council concurs with the allocation of staff resources or to provide sufficient time
to research the Agenda item and present said research to the Council.
EXHIBIT "B"
PROTOCOLS
EXHIBIT "B"
PROTOCOLS
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Amended January 21, 2014
CITY OF TEMPLE CITY
CITY COUNCIL AND COMMISSIONER
PROTOCOLS
November 17,2010
Table of Contents
1.0 Preamble ........................................................................................................................................ 1
2.0 Setting a Higher Standard within the Existing Framework ............................................................. 1
3.0 Openness ....................................................................................................................................... 1
3.1 Public Meetings ................................................................................................................. 1
3.2 Council Communications & Serial Meetings ..................................................................... 1
3.3 Closed Session Discussions ............................................................................................. 1
3.4 Closed Session Materials .................................................................................................. 2
4.0 Fairness of Process ........................................................................................................................ 2
4.1 Decisions on the Merits ..................................................................................................... 2
4.2 Meetings with Applicants & Interested Persons ................................................................ 2
4.3 Disclose Information ......................................................................................................... 2
4.4 Consider All Sides ............................................................................................................. 2
4.5 Decorum ............................................................................................................................ 2
4.6 Attentiveness ..................................................................................................................... 3
5.0 Ethical Decision Making ................................................................................................................. 3
5.1 Avoiding the Appearance of Impropriety ........................................................................... 3
5.1 .1 Make Ethical Decisions ........................................................................................ 3
5.1.2 You May Need to Refrain From Participating ....................................................... 3
5.1 .3 Smell Test. ............................................................................................................ 3
5.1 .4 Get Help ............................................................................................................... 3
5.2 Ethical Principles to Follow ................................................................................................ 3
5.2.1 Be A Good Steward .............................................................................................. 3
5.2.2 The Common Good .............................................................................................. 3
5.2.3 Fairness and Equity .............................................................................................. 3
5.2.4 Impartiality ............................................................................................................ 3
5.2.5 Avoid Personal interests ...................................................................................... 3
5.2.6 No Personal Gain ................................................................................................. 4
5.2.7 City Stationery ...................................................................................................... 4
5.2.8 Appearing before Council ..................................................................................... 4
5.2.9 Gifts ...................................................................................................................... 4
5.2.1 0 Campaign Contributions ......................................................................................... 4
6.0 Efficiency and Accountability .......................................................................................................... 4
6.1 Members Should Not Interfere with Operations ................................................................ 4
6.1.1 Basic Noninterference Rule: ................................................................................ 4
6.1.2 Implementing this Rule: ........................................................................................ 4
6.2 Interaction of Members ...................................................................................................... 6
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6.2.1 Positions of Mayor and Chairman ........................................................................ 6
6.2.2 At Public Meetings ................................................................................................ 6
6.2.3 Relations with Fellow Members ............................................................................ 7
6.2.4 Public Communication and Appearance .............................................................. 7
7.0 Enforcement ................................................................................................................................... 8
7.1 Member Responsibility ...................................................................................................... 8
7.2 Council Authority ............................................................................................................... 8
7.2.1 Training and Education ........................................................................................ 8
7.2.2 Councilmembers ................................................................................................... 8
7.3 Violation of Oath of Office ................................................................................................. 8
7.3.1 Oath of Office ....................................................................................................... 8
7.4 Violation of Protocols ......................................................................................................... 9
7.4.1 Complaint ............................................................................................................. 9
7 .4.2 Investigation ......................................................................................................... 9
7 .4.3 Enforcement ......................................................................................................... 9
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1.0 Preamble
The Council declares that citizens of Temple City are entitled to have lair, open, ethical, efficient and
accountable local government and that City officials should continually strive to earn the public's confidence.
Toward that end, these Protocols establish higher standards of conduct for members of the City Council and
members of City boards and commissions (collectively "Members") than are currently required under the
laws of the State of California.
The Members pledge to hold themselves and each other Member responsible lor observing the standards
set forth in these Protocols, and to enforce these Protocols when necessary to preserve the integrity of City
government or the public's image ol the City.
2.0 Selling a Higher Standard within the Existing Framework
By adopting these Protocols, the Council intends to supplement and not to supersede California's existing
legal framework applicable to local governments. Similarly, the Council intends that these Protocols will not
merely restate existing legal obligations, but will establish a higher standard of conduct lor Members in the
governance of the City. Members are referred to Appendix "A" (Legal Framework & Resources) lor
pertinent resources. Members are expected to be familiar with and to seek guidance about the applicability
of the legal framework.
3.0 Openness
Openness or transparency in decision making is of the utmost importance in maintaining ethical,
representative local governance. Toward that end, Members will adhere to the following standards:
3.1 Public Meetings. Members will make it a priority to hold public meetings in accordance with the
Ralph M. Brown Act. Members will seek guidance from the City Attorney as to the accepted
interpretation of Brown Act requirements and will apply those provisions conservatively in favor of
the public's right to participate in public decisions.
3.2 Council Communications & Serial Meetings. Communications between Members will be
conducted in accordance with the Ralph M. Brown Act. Members will not engage in "serial
meetings' with colleagues -a discussion of City issues among a majority of Councilmembers or
Commissioners either collectively (i.e. all meeting together) or in a sequence (A talks to B who
talks to C). Members will not use other persons as intermediaries to accomplish a serial meeting
or to circumvent the Ralph M. Brown Act.
3.3 Closed Session Discussions. As part of a properly agendized meeting, Members may only hold
sessions closed to the public, at advisement of the City Attorney, in accordance with the
commonly accepted interpretation of Brown Act requirements. Discussions held in closed
session are to be directly limited to the matter at hand. Such discussions, along with materials
reviewed, are confidential and shall not be disclosed except as the City Attorney may advise.
3.4 Closed Session Materials. Confidential materials provided in preparation lor and during closed
sessions must be returned to the City Attorney at the conclusion of the closed session.
4.0 Fairness of Process
Members will comply with the meeting and hearing procedures set forth by Council Ordinance or
Resolution. See (Council Resolution 10-4695). Additionally, in order to cultivate an environment of
fairness and to encourage public confidence in City decisions, Members will adhere to the following
standards of conduct:
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4.1 Decisions on the Merits. Members will base their decisions on the facts and merits of each
matter, not upon personal or other biases, and will strive to make decisions that are in the best
interests of the community as a whole.
4.2 Meetings with Aoolicants & Interested Persons. Except as provided below, a Member may meet
and/or communicate with any person interested in a Development Project (as defined below) at
any time before or after the filing of an application for the Development Project. All meetings and
communications must be in compliance with the Brown Act. After an application for an approval
or permit has been filed with the City relating to the Developer Project, Members shall only meet
and communicate with the project applicant and/or owners (including their agents,
representatives and contractors) with regard to the Development Project as part of an agendized
public meeting, as may otherwise be directed by Council (e.g. an ad hoc committee), or in the
presence of the City Manager or his/her designee.
For the purpose of this Section, a "Development Project" shall mean only those projects seeking
or requiring a Specific Plan, Zone Change, Development Agreement, Density Bonus, Subdivision
Tract Map, or a Conditional Use Permit for a sensitive use (i.e. adult business, massage parlor
etc), or an industrial or commercial use having a building area of 20,000 square feet or more.
4.3 Disclose Information. Prior to any deliberations on a project or matter at a public meeting,
Members shall publicly disclose information about the matter that they have obtained from
sources, not presented in the staff report (e.g. their own site visit, from the public, from the
applicant, etc.), which may influence their decision or that of Members.
4.4 Consider All Sides. Members should consider the various viewpoints related to a project or
matter and afford project applicants and interested persons an adequate opportunity to comment
upon a project or matter before action is taken. However, redundant comments or abusive or
uncivil conduct will not be permitted.
4.5 Decorum. To ensure the fairness and integrity of the deliberative process, the presiding officer
will preserve decorum and conduct meetings in an orderly manner. Members will remain
attentive of the business at hand and conduct themselves in a manner that is civil, polite and
respectful. Members will refrain from unnecessarily interrupting speakers and not engage in
abusive conduct, personal charges or verbal attacks upon the character or motives of other
Members, City staff and/or the public.
4.6 Attentiveness. Remain attentive at meetings. Do not make or receive phone calls, text
messages or e-mails from the dais. Place cell-phones and other communication devices in "off"
or "silent" mode. Refrain from side-bar conversations with other Members while at the dais.
5.0 Ethical Decision Making
Members will observe the highest standards of ethical conduct in dealing with the community and carrying
out their official duties. In every action and decision, Members should avoid even the appearance of
impropriety and are strongly encouraged to apply the guidelines for "Making Ethical Decisions" provided
below:
5.1 Avoiding the Appearance ollmproprietv.
5.1.1 Make Ethical Decisions. Members are referred to Appendix "B" (Guidelines for
Making Ethical Decisions) for the process Members are encouraged to utilize in making
City related decisions.
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5.1.2 You May Need to Refrain From Participating. Conflict-of-interest issues are complex
and opaque to the public. Some situations are not "legal" conflicts of interest, but may
nevertheless pose the "appearance of impropriety'' to the public. In such situations, the
Member should not participate in the matter.
5.1.3 Smell Test. Do an ethical "smell check" or "gut check" regarding the matter. What is
your conscience telling you?
5.1.4 Get Help. To assist in making a decision not to participate, Members should consult the
guidelines for Making Ethical Decisions (below), the City Attorney or the FPPC helpline,
and/or their constituents.
5.2 Ethical Principles to Follow.
5.2.1 Be A Good Steward. Good stewardship of the public's interest must be the Member's
primary concern.
5.2.2 The Common Good. Members will work for the common good of the citizens and not for
any private gain, political advantage or personal interest.
5.2.3 Fairness and Equity. Members will treat all members of the public and issues before
them in a fair and equitable manner.
5.2.4 Impartiality. Members will be independent of special interests and impartial in decision
making.
5.2.5 Avoid Personal Interests. Members are prohibited from using their official positions to
influence decisions in which they have a personal financial interest, are members of an
interested organization, or have a personal relationship that would be affected.
5.2.6 No Personal Gain. Members shall not take advantage of, or use, public property and
equipment, public services, confidential public information, public resources, or other
opportunities afforded by their office, for personal gain.
5.2.7 City Stationery. City letterhead or stationery or other City resources may not be used by
Members to promote personal interests.
5.2.8 Appearing before Council. Members shall not appear before the City Council or other
City board or commission representing any private interest or community group.
Members are permitted to speak as a member of the public on any matter that affects
them personally, but may not participate in the matter as a Member.
5.2.9 Gifts. Members will refrain from accepting gifts, favors or promises of future benefits that
might compromise their independence, or the appearance that they are independent and
unbiased.
5.2.1 0 Campaign Contributions. Members have a right to receive campaign contributions, as
allowed by law, as part of running for elected office. However, Members shall not
participate in any City action (unless participation is legally required) regarding any
Contractor, Vendor or Developer from whom the Member has received a campaign
contribution of $101 or more in the previous forty-eight (48) months.
For the purposes of this Section, "Contractor" and "Vendor" means any person or entity
who has an existing contract, agreement, or other arrangement to provide the City with
goods, services, or other items, or who has an interest in or expectation of obtaining such a
contract, agreement or arrangement in the future. The terms "Contractor" and "Vendor"
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include agents and representatives of the Contractor or Vendor, and where the Contractor
or Vendor is a business entity, includes all owners, principals, shareholders, partners
(whether general or limited), members, officers, directors, and managers.
For the purposes of this Section, "Developer" means any person or entity who is currently
seeking, or who has an interest in or expectation of seeking from the City a Specific Plan,
Zone Change, Development Agreement, Density Bonus, Subdivision Tract Map, or a
Conditional Use Permit for a sensitive use (i.e. adult business, massage parlor, etc.), or an
industrial or commercial use having a building area of 20,000 square feet or more.
"Developer" includes agents and representatives of the Developer, and where the
Developer is an business entity, includes all owners, principals, shareholders, partners
(whether general or limited), members, officers, directors, and managers.
6.0 Efficiency and Accountability
The City of Temple City operates under a council-manager form of government under which the Council's
role is to provide legislative direction, set City policy and monitor its implementation. The City Manager
serves as the City's administrative head and is responsible for directing the day-to-day operations of the City
and for administering all City business.
6.1 Members Should Not Interfere with Operations.
6.1.1 Basic Noninterference Rule: The basic non-interference rule is stated in Section 609 of
the City Charter:
"No member of the city council shall interfere with the execution by the city manger of his
powers and duties; nor shall any councilman direct the city rnanger to appoint or remove
any officer or employee of the city. Except for the purpose of inquiry, no councilman shall
deal with the administrative services of city except by and through the city manager; nor
shall any councilman give any order or direction to any subordinate officer or employee of
city. This section shall not apply during period of disaster proclaimed by the governor or
city council, nor during such times as there shall be no council designed city manger
acting in that capacity."
6.1.2 Implementing this Rule:
a) Stay Out of Personnel Matters. Members will not interfere with the appointment,
evaluation, discipline, or removal by the City Manager of any Department Head
or employee of the City.
(i) Exception -City Attorney. The City Attorney is hired, appointed,
evaluated, and removed directly by the Council.
b) Comments about City Employees. Members may express concerns about the
behavior or work performance of City employees only privately to the City
Manager. Members may not reprimand or criticize employees directly.
c) Orders and Direction to Employees. Only the City Manager may give orders and
direction to City employees. Members may not direct the work or actions of City
employees.
(i) Requests for Information. All Members will direct requests for
information, research, or reports to the City Manager and applicable
Department Head or their designee, and not to City Employees. If there
is a legal question it should be directed to the City Attorney. Questions
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regarding elections and disclosure statements may be addressed to the
City Clerk.
(ii) Responses. Responses to Member substantive information inquiries will
be provided to all Members of the same category (e.g. a response to a
request by a Councilmember will be provided to all Councilmembers).
(iii) Notifications. Where the City Manager or Department Head provides
general facts or information about the City, a program, or a City event to
one Member, it should be provided to all Members of the same category.
d) Stall Liaisons to City Commissions I Committees and Outside Agencies.
Members serving as the City's representative to a City Commission or
Committee or to an outside agency may interact directly with the City employee
assigned to that effort by the City Manager.
e) Operations and Service Levels. Criticisms of City operations and service levels
may be made only to the City Manager and not to City employees or Department
Heads, unless first cleared through the City Manager or expressed in general
during a regular Council, board or commission meeting.
f) Political Solicitation & Activities. Members will not solicit political support from
City employees (e.g., financial contributions, display of posters or lawn signs,
name on support list, etc.). Members will not engage in political activities at City
Hall or other City facilities. This provision is not intended to impair the free
exercise of federal and state constitutional and statutory rights by City
employees.
6.2 Interaction of Members.
6.2.1 Positions of Mayor and Chairman.
a) Honorary Presiding Officer. The positions of Mayor and Mayor Pro Tempore on
the City Council (created under Section 601 of the City's Charter) and the
positions of chairman and vice chairman on City boards and commissions are
generally considered honorary and ceremonial, but also serve an important
procedural role as the presiding officer at meetings of their body. Persons
appointed to those positions by a majority of their council, board or commission
serve at the pleasure of their appointing body.
b) Maintain Order, Decorum & Procedure. The Mayor and Chairman are
responsible for maintaining order and decorum of their body's meetings and
enforcing the City's decorum rules where necessary. They are responsible for
the order of business at meetings, the efficient flow of business during meetings,
and for preserving the right of the public to be heard in an orderly fashion.
c) Ceremonial Head. The Mayor is the ceremonial head of the City and signs all
proclamations, officiates at all City functions, and welcomes visiting dignitaries.
d) Spokesperson. The Mayor is the official spokesperson for the City and has the
lead responsibility for communications with the press and public on official City
business. The Mayor will work on press releases and statements to the press
with the City Manager and will report the majority position adopted by the
Council, and not his or her personal opinion on matters.
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6.2.2 At Public Meetings
a) Follow Rules of Order, Decorum and Procedure. Members will adhere to the
rules of order, decorum and procedure for the conduct of public meetings
adopted by the City Council from time to time. Abiding by these rules will
maintain civility and the orderly conduct of business.
b) Keep Conduct Professional. Members will conduct themselves in an orderly,
professional, and business-like manner to ensure that the business of the City
shall be attended to efficiently and thoroughly.
c) Professional Attire. Members should wear professional and business-like attire
at public meetings. The Mayor or Chairman may allow business casual attire
during the summer or for special events or occasions.
d) Keep Comments On-Topic. Public meetings are to attend to and resolve City
business. Members will avoid being overly repetitious and will endeavor to limit
their comments to the subject matter at hand. Members are encouraged to fully
express their views and to explore the views of others, but Members should also
be mindful of avoiding lengthy or unproductive debates.
e) Ask Questions in Advance. When preparing for public meetings, Members are
encouraged to provide their questions far enough in advance to the City Manager
or City employee responsible for the meeting so that meaningful information and
responses can be shared at the meeting.
6.2.3 Relations with Fellow Members
a) Civility. Members should always practice civility. By doing so you help the City to
fulfill its potential by putting the common good ahead of personal rivalries or
irritations. Civility is best fostered by a collective commitment to following
established rules of procedure.
b) Team Spirit. Members will foster a collegiate or team oriented environment
among themselves.
c) Retreats, Goal Setting and Training. To encourage a strong working relationship
and communication, Members should have at least one retreat, goal setting
session, and/or group training session each year.
d) Different Points of View. Members will exercise tolerance for the different
opinions, perspectives, and points of view of their colleagues and will recognize
their right to express these views on matters of City business within the
established rules of decorum and order of business.
e) Managing Conflict. Members will manage disagreement with civility and
professionalism and will not allow disagreement to turn into open conflict or
hostility. Members will refrain from abusive conduct, personal charges or verbal
attacks upon the character or motives of other Members, City employees and/or
members of the public.
6.2.4 Public Communication and Appearance
a) Personal versus City Positions. It is an important part of each Member's
responsibility to communicate with the public. In communications regarding City
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7.0 Enforcement
business, it is important to distinguish a Member's personal views and opinions
and the adopted City position. When appearing before another governmental
agency or organization, the Member should clearly set forth the City's official
position, and then may express their own position.
(i) Expressing Dissent. Each Member has a right under the First
Amendment to express their views and opinions, even if contrary to the
official position of the City. However, Members will express their
dissenting views with tact and civility.
b) Use of Official Titles. Members may use their official title only when conducting
official City business, for informational purposes, or as an indication of
background and expertise, after having carefully considered whether they are
exceeding or appearing to exceed their authority.
c) Response to Public Communication. Members are encouraged to respond
promptly to letters, telephone calls and other communications received from
member of the Public who have requested a response. Members are not required
to respond to commercial solicitations or to anonymous, obnoxious or harassing
communications.
7.1 Member Responsibility. Upon assuming office each Member shall sign a statement affirming that
they have been provided with and will read these Protocols. Each Member is responsible for
adhering to these Protocols as well as the laws that comprise the basic legal framework for local
government discussed in the first part of the Protocols.
7.2 Council Authority. The City Council has authority, but not the legal obligation, to monitor each
Member's adherence to these Protocols and to take corrective action for violations, as provided
below.
7.2.1 Training and Education. The City Council will sponsor periodic training opportunities for
Members to become more familiar with the Protocols and the legal framework (See
Appendix "A").
7.2.2 Councilmembers. Under California law, the Council does not have the legal authority to
remove Members elected or appointed to the City Council or to otherwise deprive them of
their office. However, as provided in Section 7.4, a majority of the Councilmembers may
remove a Councilmember from all Council honorary and/or ceremonial positions and ad-
hoc and standing committees, as well as from positions with other governmental
agencies or other organizations they hold by virtue of appointment by the City Council.
7.3 Violation of Oath of Office.
7.3.1 Oath of Office. All Members take an oath upon assuming office, pledging to uphold the
constitution and laws of the City, the State and the Federal government. In addition,
Members commit to disclosing to the appropriate authorities and/or to the City Council
any behavior or activity that may qualify as corruption, abuse, fraud, bribery or other
violation of the law.
7.4 Violation of Protocols.
7.4.1 Complaint. Where any Member, Councilmember, City employee, or resident of the City
has substantial evidence that a Member has materially violated these Protocols or their
Oath of Office, they may file a written statement with the City Clerk who will then provide
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it to the City Manager and City Attorney and the affected Member. The name of the
complainant shall initially be redacted and kept confidential and not disclosed until it has
been determined as provided in Section 7.4.2 that there is substantial evidence that the
Member has materially violated the Protocols.
7.4.2 Investigation. Upon receipt of a Complaint as provided in Section 7.4. i, or upon the
direction of the City Council, the City Manager and City Attorney shall investigate and
report, within not more than thirty (30) days, as to whether there is substantial evidence
in support of an allegation that a Member has materially violated these Protocols or the
Oath of Office. If the City Manger and City Attorney conclude that there is not
substantial evidence to support an alleged violation or that the violation was not material
they shall so report to the Council and the matter shall be deemed dismissed unless the
Council directs that a public meeting be held pursuant to Section 7.4.3. If the City
Manager and City Attorney conclude that there is substantial evidence to support an
alleged material violation of the Protocols or Oath of office they shall, issue a report to the
City Council and the Member. The affected Member shall have 30 days to provide any
written comments or evidence to the City Manager, City Attorney and City Council in
response to the report.
7.4.3 Enforcement. The City Council shall enforce these protocols against Members
depending upon the extent and severity of the violation by means of either (i) a warning
(ii) a written reprimand; (iii) censure; or (iv) removal from office. The following procedure
shall be utilized:
a) Receipt of Report. Upon receipt of the Report, the Council will hold a public
meeting at which it will determine whether the complaint should be dismissed, a
warning should be issued, a written reprimand should be issued, censure issued,
or the Member (only if not a Councilmember) should be removed from their
office. In the event the Council determines that it appears that anything other
than a dismissal or warning is appropriate, it shall set a public hearing to be held
within 30 days and provide written notice and opportunity to be heard to the
affected member.
b) Dismissal. Where the Council, based on the Report and any statement from the
affected Member, determines that it is clear that no violation occurred or that only
a trivial or de minim us violation occurred, or that the complaint was motivated by
revenge or other improper motives, the Council may dismiss the complaint.
c) Warning. Where the Council, based on the Report and any statement from the
affected Member, determines that there is some evidence that only a minor
violation or a questionable practice has occurred, the Council may issue a written
warning to the affected Member specifying the violation(s) and requesting
corrective action.
d) Reprimand. Where the Council, based on the Report, any statement from the
affected Member, and other evidence accepted, determines that there is
substantial evidence that the Member has materially violated one or more
provisions of the Protocols, the Council may adopt a resolution reprimanding the
affected Member for their conduct, stating that any violations shall cease, and
requesting corrective action. The affected Member may file a rebuttal to the
Reprimand with the City Clerk which will become a matter of public record.
e) Censure. Where the Council, based on the Report, any statement from the
affected Member, and other evidence accepted at a public hearing of the matter,
determines that there is substantial evidence that the Member has materially
violated one or more provisions of these Protocols, and that such violation(s)
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