Loading...
HomeMy Public PortalAboutResolution 03-4162 City Council Rules of Order1 1 1 RESOLUTION NO. 03 -4162 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ADOPTING RULES OF ORDER 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, the City Council finds and determines that it is common practice in this and other cities to adopt routine rules of order; and WHEREAS, these Rules of Order will apply to the City Council, all Commissions and Boards; and WHEREAS, the City Council further finds and declares that such procedures are advantageous and expedite meetings; and WHEREAS, the City Council further finds and determines that each Councilmember, Commissioner, or Boardmember shall subscribe to these Rules of Order herein set forth. THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: 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. Resolution No. 03 -4162 Page 2 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 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 properly offered and seconded motion may be passed by Unanimous Consent of the members. The Mayor shall declare a motion, duly made and 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. 1 1 1 1 Resolution No. 03 -4162 Page 3 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 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 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 import. (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 after adoption, the ordinance becomes effective. (a) Any ordinance may be read at both first and second reading /adoption "by title only ", if reading in full 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. Resolution No. 03 -4162 Page 4 (c) No changes except clerical corrections are allowed after 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 full. 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 date 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 If 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, 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 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 motion for a reconsideration thereof shall be made without unanimous consent. SECTION 7. PRECEDENCE OF MOTIONS 1 1 Resolution No. 03 -4162 Page 5 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. Resolution No. 03 -4162 Page 6 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 Unanimous Consent or by a majority Roll Call vote. SECTION 8. 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 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. 1 1 1 1 Resolution No. 03 -4162 Page 7 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 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 state his or her name and address; 3) shall limit the address to five 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. 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 persons 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 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 may elect to place the item on the Agenda 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. Resolution No. 03 -4162 Page 8 SECTION 12. Relationship of Council to Electors It must be remembered, that the Councilmembers 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 Councilmember can permit his judgment to become subservient to the criticism of council meeting attendants. Conversely, Councilmembers should remember that they are servants of the people, not free agents, in administering the affairs of government. A. 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. B. The responsibility of making decision is not easy not without its problems but it is the responsibility of Councilmembers 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 several individuals against the good, the benefit or welfare of or to a majority of the people. C. 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 Councilmembers and the electors must accept the authority or powers given (or reserved) to them, and exercise the same accordingly and in good faith. SECTION 13. COUNCIL CORRESPONDENCE AND CONDUCT (1) A City Councilmember is granted the privilege of sending written communication on official City letterhead. The City Manager's Office shall provide secretarial services upon request of an individual Councilmember for items deemed by the City Manager to be bona fide City business. Items contained in such communications shall reflect the fact that the correspondence is the opinion of that individual Councilmember. Individual Councilmembers shall not represent themselves as speaking on behalf of the City or the City Council unless specifically authorized by the City Council. (2) Individual Councilmembers shall provide the City Manager with a copy of the correspondence within five days of its deposit in the United States Postal Service (or within five days of hand or other form of delivery). The City Manager shall provide a copy of the correspondence to the other members of the City Council and shall file the copy with the official City records in accordance with the Public Records Act. 1 1 1 1 1 Resolution No. 03 -4162 Page 9 (3) The City Councilmembers, in accordance with their oath of office, have sworn to uphold the Constitution of the United States, the Constitution of the State of California, and to well and faithfully discharge the duties of Councilmember. City Councilmembers also understand the importance of conducting themselves with honor and in accordance with the law. The City Manager, should he identify or receive a credible allegation of misconduct, shall transmit to the City Council a notice including any and all facts known to the City Manager associated with the allegation. In the case the City Council sustains the allegation of misconduct, the City Council may determine, by majority vote, to sanction an individual Councilmember. SECTION 14. The City Council further finds and declares that the aforementioned Rules of Order will be used and followed by all members of the City Council, and its Commissions and Boards. 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 15. The City Clerk shall certify to the adoption of this resolution. ADOPTED AND APPROVED THIS 1st day of April, 2003. ATTEST: City Clerk UNCI'EMBER I hereby certify that the foregoing Resolution, Resolution No. 03 -4162 was duly adopted by the City Council of the City of Temple City at an adjourned regular meeting held on the 1st day of April, 2003, by the following vote: AYES: Councilmember - Arrighi, Capra, Wong, Zovak, Vizcarra NOES: Councilmember -None ABSENT: Councilmember -None Yh � 2 City Clerk