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HomeMy Public PortalAboutResolution - 75-25- 19751010 - Amend Rules of ProcedureRESOLUTION NO. 75-25 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL PARK DISTRICT REVISING RULES OF PROCEDURE FOR. MIDPENINSULA REGIONAL PARK DISTRICT WHEREAS, Public Resources Code Section 5536 provides that the Board of Directors of the District shall establish • rules for its proceedings, and the Board desires to establish such rules pursuant thereto, and WHEREAS, the Board of Directors by its Resolution No. 73-2 established Rules of Procedure and by Resolution Nos. 73-24, 74-17 and 74-19 made certain amendments thereto, and WHEREAS, the Board of Directors by its Resolution No. 73-3 established a Policy for the Duplication and Dissemination of Agendas, Supporting Materials and Other Records of the Dis- trict and by Resolution Nos. 73-24, 73-33, 74-2 and 74-21 made certain amendments thereto, and WHEREAS, the Board of Directors desires to revise said Rules of Procedure and to revise and incorporate said Policy for the Duplication and Dissemination of Agendas, Supporting Mater- ials and Other Records of the District, NOW, THEREFORE, the Board of Directors of the Midpen- insula Regional Park District does resolve as follows: 1. That the "Rules of Procedure" affixed hereto and by reference made a part hereof are hereby adopted as the Rules for the Proceedings of the Board of Directors. 2. That all of said former resolutions amending the Rules of Procedure and establishing the Policy for the Duplication and Dissemination of Agendas, Supporting Materials and Other g PP g Records of the District are superseded hereby. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * )-)'\ )0gb— RESOLUTION NO. 75-75 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Park District on December 10 , 19 75 , at a regular meeting thereof, by the following vote: AYES: NOES: K. Duffy, B. Green, N. Hanko, E. Shelley and D. Wendin None ABSTAIN: None ABSENT: ATTEST: None Secretary APPROVED: P ent, Board of D rs I, the Secretary of the Midpeninsula Regional Park District, hereby certify that the above is a true and correct copy of a resolu- tion duly adopted by the Board of Directors of the District by the above vote at a meeting thereof duly held and called on the above date. Secretary MIDPENINSULA REGIONAL PARK DISTRICT Rules of Procedure) Section 1.10 Regular•Meetings? Regular meetings of the Board of Directors of the Midpeninsula Regional Park. District shall be held on the second and fourth Wednesdays of each month at the hour of 7:30 P.M. Meetings shall be held•at such place or places within the District as shall be determined by the Board of Directors. A majority of the. members of the Board may cancel a meeting for cause or call the regular meeting for a different date' or time. Public notice of the place, date, and time of meeting shall be announced at least 48 hours prior to the regular meeting time .• If a regu- larly scheduled meeting occurs on a holiday, the regu- lar meeting must be cancelled and/or rescheduled. 1.12 Special Meetings. Special meetings may be called at any time by the President or at the request of a majority of the members of the Board. Written notice of such meeting shall be delivered personally or by.mail to each member and to each local newspaper of general circula- tion at least 24 hours before the time specified for the proposed meeting, provided that the failure to receive notice shall not affect the validity of any action taken at the meeting. The notice shall specify the time and place of the special meeting and the busi- ness to be transacted. No other business shall be con- sidered at the meeting.' 1.14 Meetings to be Public.3 All meetings of the Board of • Directors shall be public, provided, the Board may hold executive sessions from which the public may be excluded for the consideration of the following subjects: • 1. appointment, employment or dismissal of a public officer, employee or agent, or to hear com- plaints or charges brought against such officer or employee by another public officer, person or employee. • 2. proposed or pending litigation 3. contract negotiations 4. matters embraced within the attorney -client privilege 5. any other matters exempted by law 1. Rules of Procedure required by Public Resources Code, Division 5, Chapter 3, Article 3, section 5536. 2. Public Resources Code section 5535. 3. Public Resources Code section 5535. 0 Section 1.16 1.22 1.24 Quorum.4 At any meeting of the Board a majority of the Directors shall constitute a quorum for the transaction of business. When there is no quorum the President, or Vice -President, or any other member of the Board of Directors shall adjourn such meeting. Smoking. It shall be unlawful for any person to smoke at any time at the meetings of the Board of Directors. Legislative Body.S The Board of Directors is the legis- lative body of the District and shall determine all ques- tions of policy. Board of Directors; Election of Officers . 6 At the first regular meeting in January of each year beginning in 1974, the Board of Directors shall choose one of its members President, and another Vice -President, who shah, act for the President in his/her absence or disability.. The Board shall choose one of its members to serve as board secre- tary and another to serve as treasurer. Each office shall be voted on separately. Elections shall be by secret ballot. The candidate receiving a majority of the vote of the members of the . Board shall be elected. Duties of the Presiding Officer.7 The President, or in his/her absence, the Vice -President, shall be the presiding(' officer of the Board and shall assume his/her place and duties as such immediately following his/her election.. - The presiding officer shall preserve order at all meetings of the Board, announce its decisions on all subjects, and. decide all questions of order, subject to.an appeal to the Board. S/he shall participate in•debate, make motions,' andvote on all questions as other members ofthe.Board. The President shall sign all ordinances, resolutions, con- tracts and conveyances on behalf of the District after they have been approved by the Board, 'and s/he shall per- form such other duties as may be imposed upon him/her by the Board. In the absence of the President, or in the event of his/her inability to act, the Vice -President shall perform all the powers and duties of the President. If both the Presi- dent and Vice -President are absent or unable to act, the Board may select a president pro tempore who shall perform all the powers and duties of the President. 4. Public Resources Code 5. Public Resources Code 6. Public Resources Code 7. Public Resources Code section 5535. section 5537. section 5535. section 5548. ti Section 1.26 1.28 1.30 Rules of Procedure. Roberts Rules of Order shall be followed as interpreted by the presiding officer, sub- ject to an appeal to the Board. Board Secretary.8 Unless otherwise directed by the • Board,,the Board .secretary shall countersign all ordin- ances, resolutions, contracts and conveyances on behalf of the District. Agenda. All reports, ordinances, resolutions and other matters intended to be considered by the Board at its regular meeting shall be delivered to the District Clerk not later than 5:00 P.M. on the preceding Wednesday for material requiring typing or other preparation, and not later than 5:00 P.M. on the preceding Thursday for material requiring reproduction only. Any Board member or Board appointed staff member may place a matter on the agenda for Board consideration. The District Clerk shall prepare the agenda according to the order of business as determined by the General Manager. A copy of the agenda and of all available supporting materials shall be delivered or mailed to. each Board member so as to reach the recipient by 7:00 P.M. on the Saturday preceding each regular Board meet- ing. Supplementary materials may be received by the District Clerk after that time, provided the matter refers to an already agendized item. Agendas will be available with no charge upon request to public.officials, newspapers in the District, and members of the public at the District office by 9:00' A.M. on the Monday preceding the regular meeting. Agendas will be posted on the. door of the District office. Supporting materials (reports, memoranda, resolutions, nonconfidential written communications to the Board, and other informational materials not previously pub- -� lished or distributed) may be obtained upon request by public agencies, newspapers in the District, and riem- ' . bers of the public at the District office by 9:.00 A.M. on the Monday preceding the regular meeting, and 24 hours before a special meeting. There will be no charge for the materials if available; otherwise, the cost of reproduction will be charged. No matters other than those on the prepared agenda shall,'be. finally acted upon by the Board, provided that matters deemed to be ofan urgent nature by a majority of the Board, with an explanation stated as to the urgency, may be acted upon. 8. Public Resources Code sections 5551 and 5552. Section 1.32 1.40 1.41 1.42 1.43 Subscription to Agendas. Members of thepublic may sub- scribe for receiving agendas of regular and special Board meetings on an annual basis. Charges for public sub- scription will be adopted by the Board from time to time. Order of Business. The order of business shall be determined by the General Manager for the purpose of preparing meeting agendas, using the following format unless in the General Manager's opinion a different order would be more appropriate: 1. Roll call 2. .Approval of minutes 3. Written communications 4.. Adoption of agenda 5. Oral: communications ' 6. Special orders of the day Y '7. 'Public hearings 8. Old business with action requested 9. Old business with no action requested .10. New business with action requested 11. New business with no action requested 12. Informational reports 13. Claims 14. Executive session 15. Adjournment The order of business as set forth in the meeting agenda .shall not be departed from except by consent of the majority of the Board. Roll Call. Before proceeding with the business of the Board, the District Clerk shall call the roll of.the Board of Directors, and the names of those present shall• be entered in the minutes. Approval of Minutes of Previous Meeting. Unless the reading of the minutes of a Board meeting is requested by a majority of the Board, such minutes may be approved without reading, provided that the District Clerk has previously furnished each member of the Board with a copy. Written Communications. The District Clerk is authorized to receive and open all mail addressed to the Board of Directors. Any written communication addressed to the ' Board of Directors shall be reproduced and distributed to Board members as soon as possible. Any member of the Board may place such written communication on the - agenda for consideration by the Board. Taxpayers and residents of the District or their author- ized legal representative; or .other persons, may read written communications into the District's records at a regular meeting and offer explanations of any such document. C Section 1.44 1.45 1.46' . 1.47 1.48 1.49 1.50 1.51 1.52 Adoption of Agenda. The Board shall determine the order of business to be considered at regular meetings and shall adopt the agenda, with additions or deletions,. by consensus. Written communications and other special items nay be added to the agenda at this time provided that any action betaken pursuant to Section 1.30. Oral Communications. Taxpayers or residents of the trict or their authorized legal representative, or other persons, may address the Board under the category Oral _ Communications during regular meetings on any matter concerning the affairs of . the District. Such persons shall indicate in writing their name, address and sub- ject on a form to be provided by the District, and Will be recognized bythe presiding officer of the Board at an appropriate time. Special Orders of the Day. Any Board member or Board appointed staff member may schedule special presenta- tions, introductions or other activities .deemed appro- priate to this category, which shall be placed on the agenda by the District Clerk. - Public Hearings.- Any matter which, in the opinion of the Board of Directors, requires notice to and response by members of the public may be placed on the agenda under this category. Old Business With Action Requested. These are business items previously considered by the Board which require transmission of additional information to the Board. Action in the form of a resolution, motion or direction to staff on the items in this category is requested. Old Business With No Action Requested. These are busi- ness items previously considered by the Board which require transmission of additional information to the Board. No action by the Board on the items in this category is requested. New Business With Action Requested. These are b Less items not previously considered by the.Board d for which action by the Board in the form of_aresolution, motion or direction to staff is requested.. New Business With No Action -Requested. These are busi- ness items not previously considered by the Boardand for which no action by the Board is being requested. Informational Reports. Informational, short reports by Board and staff members on items of interest to the DI -Strict may be given under this category. . ? Section 1.53 1.54 1.60 1.62 1.70 Claims.9 No claims against the District shall be paid unless the same shall be first approved by a majority of the - Board at a meeting thereof. Payment of employees' salaries and fringe benefits and other recurring claims may be authorized by the Board on an annual basis. • Unfinished Business. .When a regular meeting is adjourned before the completion of the agenda, all unfinished items will be listed under Old Business With Action Requested • or Old Business With No Action Requested on the next regular Board meeting agenda, at the discretion of the General Manager or unless otherwise designated by a majority.of the Board Minutes. Minutes of Board meetings shall be kept by the District Clerk. The District Clerk shall make a record together with sense minutes of such business as was actually passed upon by a vote of the Directors. A record shall be made of the names and addresses of per- sons addressing the Board, the subject matter to which their remarks related and whether they spoke in. support -or in opposition to such matter. .: The District Clerk shall prepare and cause a.copy of the minutes to be forwarded to each Board member within three working days foliowirig.the Board meeting, -or as soon thereafter as -possible. Minutes of meetings shall be available with no charge upon request to public officials. newspapers within the District, and members of the public at the District of- fice as soon as available following the meeting. Subscription to Minutes . ' Members .of the public' may sub- scribe to receive minutes of regular and special Board .meetings on an annual basis. Charges for public sub- scription will be adopted by the Board _ from . time to time. Board Action. A majority vote of all of the .members .of the Board shall be sufficient for the taking of Board . action or the conduct of business except where action is required to be taken by "four -fifths of the members of the District Board" or "a two-thirds vote of the Boards" or language of similar import. 10 All legislative action of the Board of Directors shall be taken by ordinance or resolution. The ayes and nos shall be taken upon the passage of all ordinances, resolutions or utotic and entered into the minutes of the Board. 9. Public Resources Code section 5553. 10. Public Resources Code sections 5547, 5544.2 . and 5540_ as .amens f -el . C Section 1.70 An ordinance or resolution shall not be passed or become effective without the affirmative vote of at least a majority of the members of the Board. The enacting clause of all ordinances passed by the. Board shall be in these words: "Be it ordained by the Board of Directors of the Midpeninsula Regional Park District." All ordinances and resolutions shall be signed by the President of the Board and attested by the Board Secre- tary, and all ordinances shall be published' once within thirty (3 0) days after adoption in a newspaper of general circulation printed, published and circulated in the District. 1.80 Subcommittees of the Board. Upon passage of a motion by a majority of Board members, special or standing subcommittees composed of Board members may be estab- lished for the study of specific matters. Upon estab- lishment of such a subcommittee, the presiding officer of the. Board may appoint the subcommittee members with the -consent of the Board. 1.82 Budget Subcommittee. The.Budget.Subcommittee shall be a standing subcommittee, composed of two•Board members appointed at the regular meeting following the meeting at which officers of the Board are elected. The Treas- urer shall be one of the two members of the Budget Sub- committee. 1.90 2.10 Public Records. All.public records of the District shall be open to public inspection'during District office hours: Monday through Friday from 9:00 A.M. - 12:00 Noon and -1:00 P.M. - 5:00 P.M., holidays excepted. Holidays are the same as those. on which the offices of . Santa Clara County are Closed. The afternoon of Decem- ber 24 of each year is hereby also designated a holiday on which the offices of the District will be. closed,' Candidates' Packets. Informational packets shall be distributed . at no charge prior to. elections to candi---' dates who have filed for Directors seats. 2.20 Fees Charged for Special Mailings. Reasonable fees may be charged by the General Manager for reproducing and mailing materials on special projects. Section A 2.30 Compensation of Directors and Payment of Expenses.11 Members of the Board shall receive fifty dollars ($50.00) for each attendance. at Board meetings. They shall not. receive any other compensation, and a Director shall not receive pay for any more than two meetings in any one calendar month. • C Members of the Board may be allowed actual necessary travel- ing and incidental expenses incurred in the performance of official business of the District as approved by the. Board. • 2.40 Financial. Instrument Signatories. (a) The authorized signatories to checks, warrants, withdrawal applications and Santa Clara County claim fonts of the Midpeninsula' Regional Park District in amounts less than $50,000 shall be those of any two of the following three officers: (i) the Treasurer, (ii) the General Manager and (iii) the District Clerk. (b) The authorized signatories to checks, warrants,. withdrawal applications and Santa Clara County claim forms of the Midpeninsula Regional Park District in amounts of $50,000 or greatershall be the following officers: (i) . the Treasurer or in his/her stead the President, and (ii) the General Manager or in his/her stead the District Clerk. 11. Public Resources Code sections 5536 and 5536.5 • Adopted' • 12/10/75