HomeMy Public PortalAboutOrd. 1480 ' t
ORDINANCE NO. 1480
AN ORDINANCE OF THE CITY OF LYNWOOD
AMENDING CHAPTER 2 OF THE MUNICIPAL CODE AS
IT RELATES TO DECORUM AT CITY COUNCIL MEETINGS
WHEREAS, the City Council of the City of Lynwood finds that during certain
City Council meetings there has been a lack of decorum that has disrupted such meetings
and hampered the City Council's ability to engage in meaningful discussion of issues
before it.
WHEREAS, in enacting this Ordinance No. 1480, the City Council of the City of
Lynwood does not intend to stifle speech or engage in censorship that violates in any way
the Council or the public's right to debate and discuss issues important to the community.
WHEREAS, the legislative intent behind this Ordinance No. 1480 is to ensure
that City Council meetings run smoothly and efficiently be enacting rules of decorum that
will guide Council Members in deciding whether certain speech during these Meetings
hinders discussion and action on agenda items
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
LYNWOOD DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 2-1 of Chapter 2 of the Lynwood Municipal Code is
hereby amended by adding thereto a new subsection 2-1.4, which subsection shall read as
follows:
"2-1.4 Rules of Decorum for City Council Meetings
a. Decorum. Meetings of the City Council shall be conducted in an orderly
manner to ensure that the public has full opportunity to be heard and that the deliberative
process of the City Council is retained at all times. In discussion of any issue before the
City Council, members of the public and of the Council must confine themselves to the
question before the Council. The presiding officer of the City Council shall be
responsible for maintaining order and decorum at Council meetings. Any
Councilmember may make a motion for a vote to censure or for a vote for removal or
ejection as set forth herein.
b. Rules of Decorum. While any meeting of the City Council is in session, the
following rules of order and decorum shall be observed:
1. Councilmembers. The members of the City Council shall preserve
order and decorum and shall strictly abide by these rules of decorum. A member shall
not be conversation, by the utterance of loud, threatening, profane or abusive language, or
by engaging in any other disorderly conduct at any City Council meeting delay or
interrupt the City Council proceedings. Dilatory conduct, which includes, but is not
limited to, a Councilmember's persistence in discussing an agenda item or any other
matter before the Council after the matter has been called to a vote, shall constitute a
violation of this Section. A violation of these rules of decorum by a Councilmember
shall be subject to the following enforcement provisions:
A. Vote of Censure. Any Councilmember who reasonably
believes that another Councilmember is violating these rules of decorum shall be allowed
to make a motion calling for a vote of censure by identifying the Councilmember, and
that Councilmember's speech, actions or behavior, that he/she believes constitutes such
violation. Upon such motion, all Councilmembers present shall immediately vote on the
motion and state whether they agree that the identified speech, actions or behavior
actually constitutes a violation and justifies a vote of censure. If a majority of the
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Councilmembers present vote for censure, then that vote shall be duly noted by the City
Clerk and the subject of that vote shall have two (2) minutes to make a rebuttal stating
why the vote should be overturned. After such rebuttal any Councilmember shall be
entitled to make a motion to overturn the vote to censure. If such motion is approved by
a majority vote of those Councilmembers present, then the City Clerk shall remove such
censure from the record. Motions to overturn a vote of censure may only be made at the
meeting at which the vote of censure was made. This Section contemplates no other
administrative remedy to a vote of censure other that the two (2) minute rebuttal.
B. Fines for Censure. Any Councilmember who receives a
vote of censure shall be subject to a ONE HUNDRED DOLLAR($100) fine per censure.
Such fine(s) shall be paid to the City Clerk within thirty (30) days of the date imposed.
Failure to pay such fine(s) within (60) d ays shall give rise to a civil action by the City of
Lynwood for collection, or shall be deducted or offset from the Councilmember's
compensation or per diem entitlements.
C. Removal. Any Councilmember who receives three (3)
votes of censure during a City Council meeting, in addition to the attendant fines, shall
also be subject to a vote, upon motion by any member, by a majority of the City Council
present, to remove such offender from the City Council meeting. If a majority of the City
Council votes for removal, then the subject of that vote shall have two (2) minutes to
make a rebuttal stating why the vote should be overturned. After such rebuttal any
Councilmember shall be entitled to make a motion to overturn the vote to remove. If
such motion is approved by a majority vote of those Councilmembers present, then the
City Clerk shall remove such vote from the record. If the vote to remove is not
overturned, then such vote shall remain part of the administrative record. Motions to
overturn a vote of removal may only be made at the meeting at which the vote of removal
was made. If the offending Councilmember, or member of the public does not leave
voluntarily, the presiding officer may order any law enforcement officer who is on duty at
the City Council meeting as sergeant-at-arms to remove the offender from the City
Council chambers. It shall be the duty of any law enforcement officer who is serving as
sergeant-at-arms at the City Council meeting tc carry out all orders and instructions given
by the presiding officer for the purpose of maintaining order and decorum, including the
removal of disruptive Councilmembers and/or members of the public.
D. Resisting Removal; Penalty. Any Councilmember or
member of the public who resists removal by the sergeant-at-arms shall be guilty of a
misdemeanor.
E. Motion to Enforce. If the presiding officer of the City
Council fails to enforce the rules set forth above, any member of the City Council may
move to require the presiding officer to do so, and an affirmative vote of a majority of the
City Council shall mandate such action. If the presiding officer fails to carry out the will
of a majority of the City Council the majority may designate another member of the City
Council to act as the presiding officer for the limited purpose of enforcing any provision
of this subsection which it desire to enforce.
2. City Staff Members. Employees of the City shall observe the same
rules of order and decorum as those applicable to the members of the City Council.
3. Persons Addressing the City Council. The primary purpose of oral
communications is to afford citizens the opportunity to communicate formally with the
City Council, as a body, on Agenda items or on matters of local concern. Each person
who addresses the City Council shall do so in an orderly manner and shall not make
impertinent or profane remarks to any member of the City Council, City staff or the
general public. Any person who makes such remarks, or who utters loud, threatening or
abusive language, or who engages in any other disorderly conduct at any City Council
meeting shall be subject to removal or ejection from the City Council meeting.
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4. Members of the Audience. No person in the audience at a City
Council meeting shall engage in disorderly or boisterous conduct, including the utterance
of loud, threatening or abusive language, whistling, stamping of feet or other acts which
disturb, disrupt or otherwise impede the orderly conduct of any City Council meeting.
Any person who conducts himself/herself in such manner shall be subject to removal or
ejection from the City Council meeting.
c. Addressing the City Council. A person wishing to address the City
Council regarding an item which is on the City Council meeting agenda shall submit a
request on the form provided, or such person may seek recognition from the presiding
officer prior to or during discussion of any such item. Persons wishing to discuss a non-
agenda item may seek recognition from the presiding officer during the second "Public
Oral Communications" portion of the me :wing. No person shall address the City Council
without first being recognized by the presiding officer. Persons addressing the City
Council shall observe the following procedures:
1. Each person shall step to the podium provided for the use of the
public and shall state his or her name and address; the organization, if any, which is
represented; and if during the first "Public Oral Communications" portion of the meeting,
the agenda item desired to be discussed.
2. During the first "Public Oral Communications" portion of the
meeting, any subject discussed which the City Council determines is not relevant to an
agenda item shall be concluded.
3. Each person addressing a specific City Council agenda item shall
confine his or her remarks to such agenda item.
4. The remarks of each person addressing non-agenda items shall be
limited to three (3) minutes, unless additional time is granted by the presiding officer.
5. All remarks shall be addressed to the City Council as a whole acid
not to any single member thereof, unless in response to a question from such member.
6. No question may be asked of a member of the City Council or of
the City staff without permission from the presiding officer.
d. Robert's Rules of Order. City Council proceedings shall be governed by
"Robert's Rules of Order, Newly Revised", Ninth Edition except for those matters and
issues specifically governed by this Municipal Code. If there is a conflict between
"Robert's Rules of Order, Newly Revised", Ninth Edition and this Municipal Code
regarding any issue relating to City Council meeting procedures, the the Municipal Code
provisions shall prevail and control. No ordinance, resolution, proceeding or other action
of the City Council shall be invalidated, or the legality thereof otherwise affected, by the
failure to observe or follow said rules.
e. Enforcement of Audience Decorum. The rules of decorum set forth above as
they pertain to members of the audience, including persons addressing the City Council,
shall be enforced in the following manner:
1. Warning. The presiding officer shall request that a person who is
violating the rules of decorum conduct himself or herself in a respectful and orderly
manner. If, after receiving a warning from the presiding officer, a person persists in
disturbing the meeting, the presiding officer shall order such person to leave the City
Council meeting. If such person does not leave voluntarily, the presiding officer may
order any law enforcement officer who is on duty at the City Council meeting as
sergeant-at-arms to remove that person from the City Council chambers.
2. Removal. Any law enforcement officer who is serving as sergeant-at-
arms at the City Council meeting shall carry out all orders and instructions given by the
presiding officer for the purpose of maintaining order and decorum. Upon instruction of
the presiding officer shall be the duty of the sergeant-at-arms to remove from the City
Council meeting any person who is disturbing the proceedings of the City Council.
3. Resisting Removal; Penalty. Any person who resists removal by the
sergeant-at-arms shall be guilty of a misdemeanor.
4. Motion to Enforce. If the presiding officer of the City Council fails to
enforce the rules set forth above, any member of the City Council may move to require
the providing officer to do so, and an affirmative vote of a majority of the City Council
shall require such action. If the presiding officer fails to carry out the will of a majority
of the City Council, majority may designate another member of the City Council to act as
presiding officer for the limited purpose of enforcing any provision of this subsection
which it desires to enforce.
5. Adjournment. If a meeting of the City Council is disturbed or
disrupted in such a manner as to make infeasible or improbable the restoration of order,
the meeting may be adjourned or continued by the presiding officer or a majority of the
City Council, and any remaining City Council business may be considered at the
adjourned or continued meeting. In the alternative, a majority of the City Council may
clear the meeting room and continue in session pursuant to Government Code section
54957.9.
SECTION 2: If any section, subsection, subdivision, paragraph, sentence, clause
of phrase of this ordinance is held invalid, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council hereby declares that it would
have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase
of this ordinance irrespective of the fact that any one or more section, subsection,
subdivision, paragraph, sentence, clause or phrase be declared invalid.
SECTION 3: This ordinance shall take effect thirty (30) days after its final
passage and within fifteen (15) days after its passage, the City Clerk shall cause it to be
published in a local newspaper of general circulation in the City of Lynwood and hereby
designated for that purpose.
PASSED, APPROVED AND ADOPTED by the City Council of the City of
Lynwood at a regular meeting held on the 17th day of March, 1998.
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ARMANDO REA, MAYOR
ATTEST:
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CITY CLERK
APPROVED AS TO FORM:
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_' • NCISCO LEAL,
CITY ATTORNEY
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STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the Lynwood City Council do hereby certify that
the attached and foregoing is a full, true and correct copy of Ordinance No. 1480
on file in my office and that said ordinance was first read at a regular meeting the
3rd day of March , 19 98 , and adopted on the 17th day
of March , 19 98 , by the following vote:
AYES: COUNCILMEMBER BYRD, REYES, SANCHEZ, REA
NOES: COUNCILMEMBER RICHARDS
ABSENT: NONE
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City Clerk, City of Lynwooc