HomeMy Public PortalAboutResolution 05-4328 City Council Rules of Order1
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RESOLUTION NO. 05 -4328
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 beheld 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.
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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.
SECTION 4. CORRECT LEGAL DOCUMENT
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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.
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(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
A. Processing of Motions
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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
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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, t - . - er shall give his or her name and address for the
record.
D. Format of hearing: The applicant will be given the opp • unity 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 -vidence.
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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
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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.
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.
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(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.
(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. Thy; City Council further finds and declares that the aforementioned Rules of Order
will be used and followed 13 di 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 on this 5th day of April, 2005.
ATTEST:
City Clerk
MAY
MAYOR PR
COUNCIL MBE
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COUNCILMEMBER
CO NCILMEM
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Resolution No. 05 -4328
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I hereby certify that the foregoing resolution, Resolution No. 05 -4328 was duly passed, approved
and adopted by the City Council of the City of Temple City at a regular meeting held on the 5th day of April,
2005, by the following vote:
AYES: Councilmember - Gillanders, Wilson, Wong, Capra, Arrighi
NOES: Councilmember -None
ABSENT: Councilmember -None
ABSTAIN: Councilmember -None
City Clerk
City Clerk
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