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HomeMy Public PortalAboutResolution 01-3999 City Council Rules of Order1 RESOLUTION NO. 01 -3999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ADOPTING RULES OF ORDER THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, the City Council finds and determines that it is common practice in this and other cities to adopt routine rules of order. These Rules of Order will apply to the City Council, all Commissions and Boards. WHEREAS, the City Council further finds and declares that such procedures are advantageous and expedite meetings. WHEREAS, the City Council further finds and determines that each Councilman, Commissioner, or Boardmember will subscribe to these Rules of Order herein set forth. SECTION 1. REGULAR MEETINGS Regular meetings may be held at the location and at the time indicated by ordinance; 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 /Chair or majority of members of the Council, Commission, or Board on 24 -hour notice, as set forth in Government Code 54958. 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 as prescribed by Government Code Sections 54956 and 54957; closed sessions rrray 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 California Government Code. 72 hours notice is required for regular meetings; 24 hour notice for special meetings. SECTION 3. QUORUM A majority of the City Council is sufficient to do business, and motions may be passed 2 -1 if only 3 attend, but ordinances and resolutions granting franchises and payment of money require at least 3 affirmative votes. SECTION 4. ROLL CALL There is never a legal requirement for roll call voting unless some member of the Council, Commission or Board demands it. However, since all ordinances required by law, resolutions for franchises, and motions for the payment of money require the affirmative vote of at least three members, most cities follow the roll call procedure for these particular enactments. SECTION 5. CORRECT LEGAL DOCUMENT Upon occasion, ordinances or resolutions are submitted in longhand or in draft form with on- the -spot City Council Resolution No. 01 -3999 Page 2 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 6. 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 meetings; wlh.eth «;r it is a regular, adjourned regular or special meeting; that notice has been given of the hearing; the names of the Councilmen, Commissioners, or Boardmembers and staff present and absent; and any action taken by the City Council, Commission or Board. B. If any Councilman, Commissioner, or Boardmember arrives later 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, including the motions made and the vote thereon. D. Whenever the Council, Commission or Board acts in a quasi - judicial proceeding such as assessment or zoning matters, it is necessary to compile a complete summary of the witnesses. SECTION 7. RULES The City Council, Commission or Board may establish its own rules, prescribe an agenda, limit debate and eject unruly persons. The procedural rules hereinafter set forth should control only in the absence of adoption of specific Rules of Order: 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, Commission or Board. 1. Motions out of order The Mayor /Chair may at any time, by majority consent of the members, 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 /Chair may, and upon request of a member shall (unless appealed), divide the question and require a vote on each portion of the question. B. Precedence of Motions When a motion is before the Council, Commission or Board, 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 1 1 1 1 1 City Council Resolution No. 01 -3999 Page 3 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 4c 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 motion 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 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 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 general consent or by a majority vote. C. Voting On the passage of every motion, the vote shall be taken by voice or roll call and entered in full upon the record. 1. Roll call Upon demand of any member, made before the negative has been put, the roll call shall be called for yeas and nays upon any question before the Council, Commission or Board. It shall not be in order for members to explain their vote before the next order of business. 2. Failure to vote Every member should vote unless disqualified for cause accepted by vote of the City Council Resolution No. 01 -3999 Page 4 Council, Commission or Board or by opinion of the City Attomey. Self - disqualification, with approval, which results in a tie vote should be avoided as thwarting Council, Commission or Board action, but no member can be fcrced 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. 3. Disqualification Where a Councilman, Commissioner, or Boardmember suffers a conflict of interest, bias, or predeterminatio.i, such member shall state the disqualification, leave the dais and except for the purpose of counting a quorum, his vote or lack of it shall not be considered. D. Reconsideration Any member who voted with the majority may 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 me Lion for a reconsideration thereof shall be made without unanimous consent. E. Personal Privilege The right of a member to address the Council, Commission or Board 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, Commission or Board is concerned may interrupt another speaker if the chairman recognizes the "privilege ". F. Appeal Any decision or ruling of the Mayor /Chair may be appealed by request of any member. The Mayor /Chair shall call for roll call to see if the Chair shall be upheld. If the roll call loses, the Mayor /Chair is reversed. SECTION 8. RESOLUTIONS A. Where the particular resolu'Lion has been prepared and is available for presentation. 1. Procedure: motion, second, discussion, voice vote, (i.e. all in favor signify by saying "aye" etc.), result declared. It is not necessary to read a resolution in full or by title, except to identify it. 2. Any member may call for a roll call vote, or demand that the resolution be read in full. B. Where the particular resolution has not been prepared. 1. Procedure: motion, second, "no objection? - so ordered" process instructing the City Attorney to prepare such a resolution for presentation. 2. This process may be waived in some rush matters and the resolution may be presented verbally in motion form together with instructions for written preparation thereof for later execution. In this event, voting procedure A.1. above should be followed after the reso!'ition has been verbally stated. This short -cut procedure should be avoided entirely when resolutions are required by law or in improvement acts, zoning matters, and force account work on public projects. SECTION 9. ORDINANCES A. Where the particular ordinance has not been prepared in advance: 1 1 1 1 1 City Council Resolution No. 01 -3999 Page 5 The "no objection" process may be followed, instructing the City Attorney to prepare the same. B. Where the particular ordinance has been prepared in advance: 1. Introduction (first reading) a. Technically, no action is necessary to introduce an ordinance other than for the sponsor thereof to declare the same to be introduced by the reading thereof in full. b. The more usual and probably preferable method is to have the same introduced or placed on first reading by motion. 1) Any ordinance may be read at both first and second reading /adoption "by title only ", if reading in full is waived by majority vote. 2) Voice vote procedure to "read by title only" is set forth below. Any member may demand roll call vote and majority vote is required, otherwise motion fails and the ordinance must be read in full. 3) No changes except clerical corrections are allowed after first reading. 2. Adoption: At least five days later a. Either must be read in full or voice vote procedure to be read "by title only ": 1) Mayor or Clerk reads title; then City Council votes on such motion. Roll call, if demanded. 2) If passed by majority vote, ordinance is ready for adoption, otherwise must be read in full. b. Roll call procedure to adopt. Voice vote is legally sufficient. NOTE: 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. 3. Effective date All ordinances, except as provided in Section 36937 of the Government Code shall become effective thirty days after adoption or upon such later date as may be designated in the ordinance. 4. 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. 5. Emergency ordinances If any "emergency 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. Emergency ordinances must pass by a 4 /5ths vote, must be published and become effective immediately. Emergency ordinances may be declared void if no true urgency existed. 6. Type of meeting Ordinances may be adopted only at regular /adjourned meetings; emergency ordinances may be adopted at special meetings. SECTION 10. MOTIONS A. Motions may usually be adopted by the "no objection" method unless any member prefers voice or roll call vote. This method of expediting long agenda is common practice, and any defects are probably cured by the later approval of minutes which should reflect a "no City Council Resolution No. 01 -3999 Page 6 objection" vote as "unanimously carried ". NOTE: Approval of minutes should be effected only by voice or roll call vote. B. Distinction between motion and resolution: 1. In most cases a resolution is little more than a formal motion set forth in a separate written document. In a few matters such as assessment procedures or rezonings, a resolution is required. 2. Motions will generally suffice unless a resolution is specifically called for. by laws or unless there is some reason for desiring the particular action formalized by separate instrument. SECTION 11. CONDUCT OF PUBLIC HEARING A. Hearing: Mayor /Chair 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 desire to speak must first be recognized by the Mayor /Chair. Upon receiving recognition, the speaker shall give his or her name and address for the record. 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 for cross - examination or unless the other side consents. F. Close of hearing: Mayor /Chair will call the public hearing to be dosed. After the close of the hearing, the Mayor /Chair will ask for a motion disposing of the matter. SECTION 12. Ex- officio members Ex- officio members have all of the rights of any other member, but none of the obligations. They are not courted in quorum, but must be notified of all meetings. SECTION 13. Addressing the City Council, Commission or Board A. Public comment Any person may address the City Council, Commission, or Board regarding any matter with which they are concerned. Comments on issues already on the agenda should be saved 1 1 1 1 1 1 City Council Resolution No. 01 -3999 Page 7 until that item is being discussed. All other comments regarding issues not on the agenda should be made during Oral Communications. B. Each person addressing the City Council, Commission, or Board 1) should speak into the microphone at the speakers podium; 2) should state his or her name and address; 3) shall limit the address to five minutes unless additional time is granted by the Mayor or Chair; 4) no person other than the City Council, Commission, or Board and the person having the floor shall be permitted to discuss any matter either directly or through a member of the City Council, Commission, or Board without permission of the Mayor /Chair; and 5) shall address all remarks to the City Council, Commission, or Board 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, Commission, or Board on the same agenda item, the Mayor /Chair shall have the discretion to request that a spokesperson be chosen by the group to address the City Council, Commission, or Board. If additional issues are to be presented on the subject by any other member of such group, the Mayor /Chair may limit the number of persons and the time period for speaking to the City Council, Commission, or Board, to avoid unnecessary repetition of issues. E. Any persons making personal, impertinent or slanderous remarks, or who becomes unruly while addressing the City Council, Commission, or Board shall be barred from further speaking at said meeting before the City Council, Commission, or Board, and may be ejected if his or her conduct disrupts the meetings.. SECTION 14. 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. SECTION 14A. Closed Sessions The City Manager, City Attorney, Mayor, or the City Council may convene a Closed Session from time to time for discussion of those limited items allowed by the Ralph M. Brown Act. Any Closed Session convened shall follow the rules and requirements of said Act. Discussions held under a Closed Session are considered confidential and may not be disclosed to any person not participating in such a session (excepting therefrom any member of the City Council whose absence from such a session was excused by the Council). Violation of the confidentiality of Closed Sessions may, upon majority vote of the Council, subject the violator to sanction and /or penalty including, but not limited to, exclusion from future Closed Sessions. SECTION 15. Relationship of Council to electors It must be remembered, that the Councilmen are elected by all of the people to serve as representative of all of the people; authority and responsibility for legislative enactments are vested in the Council. California follows the council type of government where it is the function of the representatives to do that which in their best judgment is proper, California does not follow the "Town Meeting" type of government where the people legislate. Therefore, the Council has the authority to limit debate on any subject and to act in good faith regardless of the viewpoints of limited minorities. The purpose of Council meetings is for the council to debate openly on particular matters, to hear public expression thereon and to inform the public of what the Council is doing. No Council is infallible and it is proper that public opinion be sought, but no Councilman can permit his judgment to become subservient to the criticism of council meeting attendants. Conversely, Councilmen should remember that they are servants of the people, not free agents, in administering the affairs of government. City Council Resolution No. Page 8 A. B. C. 01 -3999 It is the responsibility of the Chair to control public debate so that repetitive or irrelevant remarks are not made; so that everyone has had a chance to speak before others speak for a ;second time; and to expedite the business at hand. The responsibility of making decision is not easy not without its problems but it is the responsibility of Councilmen to vote and decide issues, regardless of person hesitation. There will always be segments of the population dissatisfied with any decision. The purpose of government is to balance, legally, fairly and without favor the limitations, restrictions or losses that are to be placed upon the individual or to s-veral individuals against the good, the benefit or welfare of or to a majority of the people. The electors have delegated to the Council the right, the power and the duty to act; the same electors have reserved to themselves the "P.E.R.R.I.T." rights of 1. Petition 2. Election 3. Recall 4. Referendum 5. Initiative 6. Taxpayer's Suits Both the councilmen and the electors must accept the authority or powers given (or reserved) to them, and exercise the same accordingly and in good faith. SECTION 16. The City Council further finds and declares that the aforementioned Rules of Order will be used and followed as a guideline by all members of the City Council, Commissions and Boards. SECTION 17. The City Clerk shall certify to the passage and adoption of this resolution. APPROVED AND ADOPTED this 3rd day of April, 2001. 1 1 1 1 1 1 City Council Resolution No. 01 -3999 Page 9 ATTEST: ry,„( City Clerk I hereby certify that the foregoing Resolution, Resolution No. 01 -3999 was duly adopted by the City Cot incil of the City of Temple City at an adjourned regular meeting held on the 3`d day of April, 2001, Ly the following vote: AYES: Councilman - Souder, Vizcarra, Zovak, Gillanders, Wilson NOES: Councilman -None ABSENT: Councilman -None City Clerk