HomeMy Public PortalAbout06) 7D Resolution 17-5230 Amending Rules of Order and ProtocolsDATE:
TO:
FROM:
MANAGEMENT SERVICES DEPARTMENT
January 3, 2017
The Honorable City Council
Bryan Cook, City Manager
Via : Eric S. Vail , City Attorney
By : Peggy Kuo , City Clerk
MEMORANDUM
AGENDA
ITEM 7.0.
SUBJECT: ADOPTION OF RESOLUTION NO. 17-5230 AMENDING RULES OF
ORDERANDPROTOCOLS
RECOMMENDATION:
The City Council is requested to adopt Resolution No . 17-5230 (Attachment "A"),
amending City Council Rules of Order and Protocols , Section 1 0 "Addressing the City
Council ", to increase the public speaker time for speakers requiring translation from
three minutes to s ix minutes pursuant to Assembly Bill (AB) 1787.
BACKGROUND:
1. O n April 7, 2009, City Council approved to include two public comment sections on
the City Council meeting agenda, one at the beginn in g and one at the end of the
agenda and limit five minutes per speaker.
2 . On November 16 , 20 10 , the City Council conducted a noticed meeting and
adopted Resolution 1 0-4695 confirming its previous Rules of Order, but also
adding new "Protocols" governing the expe cted ethical conduct of City
Councilmembers , Commissioners, and Board members . The City Council has
long utilized rules of order to organize and run its meetings and those of its boards
a nd commissions .
3. On January 21, 2014, City Council adopted Resolution No . 14-4695 amendi ng
Section 1 0 "Addressing the City Council " of th e Rules of Order and Protocols and
reduced the public speaker time from five minutes to three minutes in an effort to
limit repetition of any one individual's publ ic comment during the time frame
allotted to such speaker .
4 . On January 1, 2017 , AB 1787 "Open meetings: public comments: translation "
became effective .
City Council
January 3, 2017
Page 2 of 3
ANALYSIS:
AB 1787 amends Section 54954.3 of the Government Code (i.e ., Brown Act) to require
the legislative body of a local agency that limits time for public comment to provide at
least twice the allotted time to a member of the pub l ic who utilizes a translator, to
ensure that non-Eng l ish speakers receive the same opportunity to directly address the
legis lative body of a local agency. The bill's provisions do not apply if the legislative
body util izes simultaneous translation equipment i n a manner that allows the legislative
body to hear the translated public testimony simultaneously.
Currently, the City Council Rules of Order and Protocol allows each person addressing
the City Counci l to three minutes to speak on a specific subject. It does not include
provision for speakers who utilizes a translator .
Since the meeting proceedings are estab l ished by City Council by way of the Rules of
Order and Meeting Protocol (Rules of Order), it is necessary to amend the Rules of
Order in order to change th e time limit for public comment. Proposed Reso l ution 17-
5230 includes amended Rules of Order as Exhibit "A " to reflect the change to the public
comment section of a meeting agenda . Below is a summary of the proposed change
for City Council consideration :
RULES OF ORDER:
SECTION 10. ADDRESS ING THE CITY COUNCIL
B. Each person addressing the City Council 1) s hould speak into the
microphone at the speakers' podium ; 2) shou ld , but is not required to , state
his or her name and address; 3) shall limit the address to three minutes or
si x minutes for members of the public who uti lizes a translator. unless
additional tim e is granted by the Mayor ; 4) no person other than the City
Counci l 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 al l remarks to the City
Counci l as a body, not to any individual member or to the audience .
C ITY STRATEGIC GOALS:
Adoption of Resolution 17-5230 that amends Section 10 of the City Council Rules of
Order and Protocol to comply with AB 1787 and increase the public speaker time for
speakers who utilizes a trans lator from three to six minutes wil l promote Good
Governance and Citizen Education and Communication.
City Council
January 3, 2017
Page 3 of 3
FISCAL IMPACT:
This item does not have an impact o n th e Fisca l Year (FY) 2016-17 City Budget.
ATTACHMENT:
A. Resolution 17-5230
ATTACHMENT A
RESOLUTION NO . 17-5230
A RESO LUTI ON OF THE CITY COUNCIL OF T HE CITY OF TEMP LE
CITY , CALIFORNIA, ADOPTIN G AMENDED RU LES OF ORDER AND
PROT OCOLS.
WHEREAS , Sectio n 603(H) of the Ci ty Charter of the City of Temple City provides :
'The City Council may establish rules for the conduct of its proceedings, including, but not li mited to ,
provision for the punishment of any person who engages in disorderly conduct at a City Council meeting;"
and ,
WHEREAS, on November 16, 2010 , the City Council adopted Res olution 10-4695, including Rules
of Order and Protocols applicable to the City Council and all the City's Comm issions and Board s ; and ,
WHEREAS , on April 12, 2012 , the City Council conducted a pub lic review of the Rules of Order and
Protocols and determined that it was in the best in terest of the City and its citizens that certa in provisions of
the Rul es of Order and Proto cols be amended ; and ,
WHEREAS, the City Council declares that amendment of the Ru les of Order and Protoco ls limiting
the allotment for speakers requiring translation to address the City Council from 3 m inutes to six (6) m inutes
to ensure that non-English speakers receive the same opportun ity to directly address the legislative body of
a loca l agency.
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY RESOLVE, DETERMINE AND
ORDER AS FOLLOWS:
SECTION 1. RULES OF ORDER
The "Rules of Order for City Council and Comm issio n Meetings ," as amended and attached hereto
and incorporated herei n by th is reference as Exhib it "A ," are hereby adopted .
SECTION 2. PRO TOCOLS
The "City Council and Commission Protocols ," as amended and attached hereto and incorporated
herein by this reference as Exhibit "B," are hereby adopted .
SECTION 3. APPLICABILITY
(a) T he Rules of Order and the Protocols will be used and followed by all members of the City
Co uncil , and its Commissions and Boards.
(b) All members of the City Council and its Commissions and Boards shall execute a
state ment, provided to them by the City Cle rk , certifying that they have rece ived and reviewed the Rules of
Order and the Protoco ls .
(c) In the case of a Commission or Board , the term "Cha irperson" shall be substituted for
Mayor and the name of the Commission or Board sha ll be substituted for City Council or Counci l.
SECTION 4. CLERK'S CERTIFICATION
T he City Clerk shall certify to the adoption of this resolution .
RIV #4832-5536-05 19 v4
PASSE D , APPROVED AND A DOPTE D by the City Council of the City of Temple City at a meeting held on
the 3'd day of January, 2017.
Vincent Yu , Mayor
ATTE ST: A PPR OVED AS TO FORM :
Peggy Kuo , City Cle rk C ITY ATTORNEY
CLERK'S CERTIFICATION
I hereby certify that the foregoing resolut ion , Resolution No. 17-5230 was duly passed , approved
and adopted by the City Counc il of the City of Temple City at a re g u lar meeting held on the 3rd day of
January, 201 7 , by the following vote :
AYES :
NOES:
A BSENT:
A BSTAIN :
City Clerk
Counci lm ember-
Counci lm ember-
Counci lm ember-
Counc ilmember-
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EXHIBIT "A"
CITY OF TEMPLE CITY
CITY COUNCIL AND COMMISSIONER
Rules of Order
January 3, 2017
-Ill-
CITY OF TEMPLE CITY
RULES OF ORDER
FOR
CITY COUNC IL AND CITY COMMISSION MEETINGS
SECTION 1. REGULAR MEETINGS
Regu lar meetings shall be held at the location and at the time indicated by Ordina nce unless a
change in meeting date or t ime is authorized by the City Counc il ; once convened , su ch meeting may be
adjourned to another location w ithin the City if unusually large crowds or other circumstances warrant.
A. Adjourned Meetings
All meetings may be adjourne d to a time, place and date certa i n, but not beyond the next
reg ul ar meeting . Once adjourned , the meeting may not be reconvened . On ly matters
listed on the Agenda may be discussed or decided.
B. Spec ial Meetings
Speci al meetings may be calle d by the Mayor or majority of membe rs of the Council on 24-
hour no tice , as set forth in Government Code 54950 et seq . (commonly known as the
Ra lph M. Brown Act -hereinafte r the Brown Act). Only matte rs co ntained in th e notice
may be cons idered .
C. All meetin gs are open to the publ ic except certai n "personnel", liti gation matters or real
estate negotiations , or as otherwise prescribed by the Brown Act ; closed sess ions may be
held only du ring a du ly ca ll ed meet ing of the C ity Counci l.
SECTI ON 2. NOTICE
Not ice of all regul ar, special and adjourned meeting s mu st be provided and posted in accordance
with the Brown Act. Seventy-two hours ' not ice is requ ired for regular meetings ; 24 hour notice for special
meetings.
SECTION 3. QUORUM
Purs ua nt to Section 603(E) of the Ci ty Charter, three (3) members of the City Counc il shall
cons t itu te a quorum of the City Cou ncil. Motions may be passed 2-1 if only 3 attend , bu t resolutions , orders
for the pa yment of money, and all ord inances requ ire a recorded majority vote of the total membership of
the City Counc il (Go vern ment Code Section 36936).
SECTION 3(A). VOTING
Un less disq ua lifi ed (as de fi ned in Section 3B (2)), Members of the City Council are ent itled to
exercise the ir right to cast the ir vote on items of busin ess brought before the Council. T here are two
common methods of vo tin g. The C ity Council hereby determ ines to use the following methods in the order
presented , unless a certain method is require d by law or dem anded by an y member of the City Council:
(1) No Objection/Unanimous Consent: A properly offered and seco nded motio n may be passed
by Unan imous Consent of the members . The Mayor sha ll declare a motion , duly made and
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seconded, is be fore the City Co uncil. T he Mayor shall then declare there be ing no objection ,
the motion is adopted by un an imous consent. Any mot ion adopted by this meth od shall be
cons idered a recorded unanimous approval of the motion in the m inutes by the City Clerk .
(2) Roll Call: Any member of the City Coun cil may demand any motion be voted upon by roll call
vote. Up on such demand , the Mayo r shall request the City Clerk cond uct a roll call , with each
member of th e City Council declaring yea , nay, or abstain. Upon conclusion of the roll call ,
the City Clerk shall declare the results of the roll cal l. It shall not be in order for members to
explain their vote before the next order of business.
SECTION 3(8). FAI LURE TO VOTE , DISQUALIFI CATI ON , A ND A PPE A L OF CHAIR 'S RU LING
(1 ) Fa ilure to vote : Every member should vote un less disqualified for cause accepted by vote
of the Co un ci l or by opinion of the City Attorney. Sel f-d isqualification, with approval, which
results in a tie vote should be avoided as thwarting Council action, but no member ca n be
forced to vo te.
a. The abstainer, in effect, "conse nts " that a maj ority of the quorum may act
for him/he r.
b. T ie votes are "lo st motions" and may be reconsidered la ter.
(2) Disqualification : Where a Councilmember su ffers a conflict of interest, bias , or
predetermination , su ch member shall state the na ture of th e disqualification , leave the dais
and the Coun cil c hamb er and , h is vote or lac k of it s hall not be co nsidered , nor shall he be
counte d toward a quorum .
(3) Appeal : Any decision or rul ing of the Mayor may be appealed by request of any member.
Th e May or shall call for a roll call to see if the Mayor shall be upheld . If the roll ca ll loses,
the Mayor is revers ed.
SECTION 4. CO RRECT LEGAL DOCUMENT
Upon occas io n, ordinances or resolutions are subm itted in longhand or in draft form with on-the-
spot amen dments. Th ese preliminary papers may be re-typed in fina l form ; suc h re-d raft , when signed and
attested , becomes the or igin al and prope r document to be reta ined in the files .
SECTION 5 . THE MINUTES
Min utes are the co nce rn of the City Clerk or Secretary unti l presented to the Council, Com miss io n
or Board for approval. Th e Co un ci l, Com mission or Board may then, by mot ion , make such correctio ns as
confo rm to fact.
A. T he mi nutes shall i nclude th e date , hour and place of the meeting ; whe th er it is a regular ,
adjourn ed regular or specia l mee ting ; the names of the Co un cilme mbers and staff p res ent
and absent; and any actio n tak en by th e City Counci l.
B. If any Cou ncilmember arrives late or departs before the adjournmen t, the minutes shall
reflect his or her arrival or departure time.
C. T he minutes should be a clear and conc ise sta temen t of the actions taken at the Counci l
meeting , incl ud ing the motions made and the vote thereon .
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D. Wheneve r the Council acts in a quas i-judicial proceeding such as assessment or zon ing
matters, it is necessary to compi le a complete summary of the witnesses.
SECTION 6. ACT IONS
(1) Motions: Any Councilmembe r may in itiate an item for formal cons iderat ion by the City
Council through the making of a motion . An individual Councilmem ber may make an
independent motion , may make a motion to im plement staff recommendation , or may
request assi stance from the City Manager or City Attorney as to the form of a proposed
motio n. Up on making of the moti on , a secon d Co un cilmembe r may second the motion . A
du ly offe red and seconded motion shall be restated by the Mayor , City Manager, or City
Attorney . Unless withd rawn , th e City Council sha ll vote upon the motion , as provided in
Section 3(A).
(2) Resolutions : A resolut ion is a forma l document tha t records an actio n of the City Co un cil.
Resolutions are consider ed by the City Counci l upon motion and proper second .
Resolutions are sometimes re quired by law or may be recommended by the City Manager
or City Attorney to record an action of the City Council wh ich is consi dered of particular
impo rtan ce .
(3) Ordinances : Ord inances 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
acco rd ance with Section 606 of the City Charte r and the Cal ifornia Government Code ,
ordinances are considered by th e City Council in a two-step process. Un less determined to
be an ite m of Urg ency by a fo ur-fi fth s vote of the City Coun c il , ordinances are introduced by
the City Coun ci l at one meeting and then approve d and adopted at a subsequent meeting .
Thirty days after adoption , the ordinance becomes effective.
(a) Any ordinance may be read at both firs t and second reading/adoption "by title
only", if reading in full is waived by majority vote .
(b) Th e motion to introduce or adopt the ordinance on read ing by title only may be
adopted by Unan imous Consent. Any member may demand a roll call vote and a
major ity vote is req uir ed, otherw is e the mot io n fails and the ordinance must be
read in fu ll.
(c) No changes exc ept clerical corrections are allowed afte r fi rst reading or the
ord inance returns for in troduction and fi rst reading .
(d) Adoptio n (which may occ ur only once fiv e day s 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 Cle r k rea ds title , then City Counci l votes on a mot ion to read by
ti tle only . Ro ll ca ll , if demanded .
iii . If the motio n to read , by title on ly, passes , the ordinance is ready for
adopt io n, otherwise must be read in full .
iv . While Unanimous Consen t proce dure is legally sufficient, the roll call
procedure to adopt is re commended . Each ord inance should be passed
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only by th is 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, exce pt as provided in Section 36937 of the Government Code
(Urgency Ordinances), sha ll become effective th irty days afte r adoption or upon
such later date as may be designated in the ordinance .
(f) Publ ishing
It is the duty of the City Clerk to publish or post the ord inance as set forth in
Section 36933 of the Government Code with in fifteen days after adoption ; fa ilure to
do so may invalida te th e ordinance.
(g) Urgency Ordinances
If any Urgency Ordi nan ce fails to receive an affirmative vote of 4/Sths 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 , and 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 persona l 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 G(A). RECONSIDERATION
Any member who voted with the majo rity may move a reconsid eration of any action at the same (or
"have entered on the minutes" for vote at the next succeeding meeting), providing no legal righ ts
have intervened to create an estop pel. After a motion fo r reconsideration has once been acted
upon , no other motion for a reconside ration thereof shall be made without unanimous consent.
SECTION 7. PR ECEDENCE OF MOTIONS
A. Processing of Motions
When a motion is made and seconded , it shall be stated by the Mayor/Cha ir before debate.
A motion ma y not be withdrawn by the move r without consent of the member seconding it
and the approval of the Council.
1 . Motions out of order
T he Mayor may , at any time by Unanimous Consent , perm it a member to introduce
an ordi nance, resol ut io n , or motion out of the regular agenda order.
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2. Divisi on of question
If the question contai ns two or more divisib le propositions, the Mayor may, and
upon request of a member shall, div ide the question and require a vote on each
port ion 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 indefinite ly
These motion s shall have precedence in the order in dicated .
1. Mot ion to adjourn (no t debatable)
A motion to adjourn shall be in order at any time, except as follows:
a. when repea ted without intervening business or discussion
b. when made as an interrupt ion of a member wh ile 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
Pur pose is to set a definite time at which to adjourn. Undebatable and
unamendable except as to time set
3. Motion to table
Pur pose is to tempora rily 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 ind icating
"question" does not accomplish the same thing . If motion fa il s , debate is
reopened ; if motio n passes , then vote on the main motion is in order.
5. Motion to amend (debatable only as to amendment)
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A motion to amend an amendment is in order, but one to ame nd 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 sha ll not be in order . A
subst it ute motion on th e same subject is acceptable. Amend ment s are voted f irst ,
th en the ma in mot ion is amended .
6 . Motion to postpone
A moti on to postpone indefinite ly is fully debatab le and if the same is adopted, the
principal question sha ll be declared lost. Motions to postpo ne to a defin ite t ime are
am endable and debatable as to propriety of postponement and t ime se t. Motions
to refer are sim il arly not debatable, except to the propriety of referr ing .
7. With drawing a motion
SECTION 8.
A motion may be w ithdrawn if the motion has not bee n stated by the Mayor/Chair.
A withdrawn motio n does not appear in the minutes. Once a motion has been
stated by the Mayor/C hair, it can be withdrawn on ly by Un ani m ous Consent or by a
majority Ro ll Call vote .
CONDUCT OF PUBLIC HE AR IN G
A. Hearing : Mayor opens aud ience part icipat ion po rt io n of publ ic hea ring .
B. Ev idence: T he part ies conce rn ed, at this po int , must be prepared to submit all ev idence
pertinent to their position . However, in orde r to save time , anyone may refer to previous
test imony or to documents previously filed , as all of the records , ex hibits, and minutes of
other meeting s are before each member, all of whic h is part of the record.
Each speaker is requ ired to abstain from irre levant test imony , re petition , excessive
hearsay , ind ulging in personalities or mak ing stateme nts not recorded by the secretary.
All parties are reminded to restri ct th ei r remarks to matters relevant to the pertinent portions
of the Muni cipa l Code .
C. W itnesses : Each person who desires to speak must first be re cog nized by the Mayo r.
Upon receiv ing recogn ition , the spea ker shou ld give his or her name and address for the
record . If a person refuses to give their name and address fo r the record , then the ir
statement will not be co nsid ered as evidence in the p roceedin g, but will be lodged as a
comme nt from an anonym ous memb er of the public in accordance with the Brown Act.
D. Format of hearing : The applican t w ill be given the opportun ity to present h is or her case
fi rst.
T he opponents w ill then be permitted to present their case.
T he applicant will then be allowed to present rebutta l (not supplemental) evidence.
E. Peti tio ns -Letters: Evidence in adm in istra tive hea ring s may not be rea d un less the write r is
presen t for cross -exam ination or unless the other si de consents .
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F. Close of hearing: Mayor will call the public hearing to be closed . After the close of the
hearin g, the Mayor wi ll ask for a motion dispos ing of the matter.
SECTION 9 . EX-OFFICIO ME MBERS
Ex-officio members have all of the rights of any other member, but none of the obligations .
T hey are not cou nt ed in quorum , but must be notified of all meetings .
SECTION 10. A DDR ESS ING THE CITY COUNCIL
A Publ ic co mm ent
Any perso n may address the City Council rega rd ing any matter with which they are
conce rn ed. Comments on issues already on the agenda should be saved until that item is
be ing discussed . All other co mm ents regarding issues not on the agenda should be made
during Oral Communications. While the purview of the City Counci l is broad , members of
the public should make remarks or comments on ly on items with in the jurisdiction of the
City Council. Remarks not wi th in the scope of the Ci ty Coun cil's authority shall be ruled out
of orde r by the Mayor.
B. Eac h person addressing the City Council 1) should speak into the microphone at the
speake rs ' pod ium ; 2) should, but is not required to , state his or her name and address; 3)
shall lim it the address to Three (3) minutes I speakers requiring tran slat ion shall lim it
address to Six (6) minutes unless additional time is granted by the Mayor ; 4) no person
other than th e City Council and the person hav ing the fl oor shall be permitted to discuss
any matte r eith er directly or through a member of the City Council withou t perm iss ion of the
Mayor/C hair; and 5) shall add ress all remarks to the City Council as a body , not to any
individual member or to the aud ience.
C. No act ion may be take n on any matter whic h is not liste d on the Agen da.
D. When an ident ifiab le grou p of pe rsons wishes to add ress the City Counci l, on the same
agenda item, the Mayor shall have the discretion to request that a spokesperso n be chosen
by the group to address the City Council. If additiona l issues are to be presented on the
s ubje ct by any other member of suc h group , the Mayo r may li mit the num be r of perso ns
and the time period for spea king to the City Counci l, to avoid unnecessary repet itio n of
issues .
E. Any person making persona l, impertinent or slanderous remarks , or w ho becomes unru ly
wh ile ad dressi ng the City Co uncil , shall be bar red from fu rth er speaki ng at said meeting
before the City Coun ci l and may be ejected if his or her conduct disrupts the meeti ngs.
SECTION 11. AG END A
T he Brown Act requi res 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 Counci lm embe rs may place an item on the Agen da by contacting t he City Manager the
Monday before the Agen da deadline. The Ci ty Manager will make every effort to place th e item on the next
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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 sha ll place the item
on the Agenda within thirty (30) days of the meeting next following , as an "Informational and Direct ional "
item to ascertain if the City Council concurs with the allocation of staff resources or to prov ide sufficient time
to research the Agenda item and present said research to the Council.
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EXHIBIT "8 "
PROTOCOLS
CITY OF TEMPLE CITY
C ITY COUNCIL AND COMMISSIONER
PROTOCOLS
Nove m ber 17 , 2010
Table of Contents
1.0 Preamble ........................................................................................................................................ 1
2.0 Setting a High er Standard within the Existing Fram ework ............................................................. 1
3.0 Openness ....................................................................................................................................... 1
3.1 Public Meetings ................................................................................................................. 1
3.2 Counci l Communicat ions & Serial Meetings ..................................................................... 1
3.3 Closed Session Discussions ............................................................................................. 1
3.4 Closed Session Materials .................................................................................................. 2
4.0 Fairness of Process ........................................................................................................................ 2
4.1 Decisions on the Mer its ..................................................................................................... 2
4.2 Meetings with Applicants & Interested Person s ................................................................ 2
4.3 Disclose Information .......................................................................................................... 2
4.4 Conside r All Sides ............................................................................................................. 2
4.5 Decorum ............................................................................................................................ 2
4.6 Attentiveness ..................................................................................................................... 3
5.0 Ethical Decision Making ................................................................................................................. 3
5.1 Avoiding th e Appearance of Im propriety ........................................................................... 3
5.1 .1 Ma ke Ethical Decisions ........................................................................................ 3
5.1.2 You May Need to Refrain From Partici pating ....................................................... 3
5.1.3 Smell Test... .......................................................................................................... 3
5.1.4 Get Help ................................................................................................................ 3
5.2 Ethical Principles to Follow ................................................................................................ 3
5.2 .1 Be A Good Steward .............................................................................................. 3
5.2 .2 Th e Common Good .............................................................................................. 3
5.2.3 Fai rn ess and Equity .............................................................................................. 3
5.2.4 Im partia lity ............................................................................................................ 3
5.2.5 Avoid Personal Interests ....................................................................................... 3
5.2.6 No Personal Ga i n ................................................................................................. 4
5 .2. 7 City Stationery ...................................................................................................... 4
5.2.8 Appearing before Council ..................................................................................... 4
5.2.9 Gifts ...................................................................................................................... 4
5.2.1 0 Campa ig n Contributions ......................................................................................... 4
6 .0 Efficiency and Accountab i lity .......................................................................................................... 4
6 .1 Members Shou ld Not Interfere with Operations ................................................................ 4
6 .1.1 Bas ic Non interference Ru le : ................................................................................. 4
6 .1.2 Implementing this Rul e: ........................................................................................ 4
6 .2 Interactio n of Members ...................................................................................................... 6
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6 .2 .1 Po sitions of Mayor and Cha ir man ........................................................................ 6
6 .2 .2 At Public Meetings ................................................................................................ 6
6 .2.3 Relations wi th Fe llow Members ............................................................................ 7
6.2.4 Publi c Communica ti on and Appearance .............................................................. 7
7.0 Enforcemen t ................................................................................................................................... 8
7.1 Member Respons ibility ...................................................................................................... 8
7.2 Council Au thority ............................................................................................................... 8
7.2 .1 Training and Education ......................................................................................... 8
7.2 .2 Counci lmembers ................................................................................................... 8
7.3 Vio lation of Oath of Office .................................................................................................. 8
7.3.1 Oath of Office ....................................................................................................... 8
7.4 Violat ion of Protocols ......................................................................................................... 9
7.4 .1 Com plaint. ............................................................................................................. 9
7.4 .2 Investig ation ......................................................................................................... 9
7.4 .3 Enforcement ......................................................................................................... 9
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1.0 Preamble
The Council declares th at citizens of Temple City are entitled to have fair, open, ethical, efficient and
acco untable loca l gove rnm en t and that City offi cials should continua ll y str ive to earn the public's confidence.
Towa rd tha t end , these Pro tocols establish higher standards of con duct for members of the C ity Council and
members of City boards and commissions (collectively "Members ") than are current ly requ ired under the
laws of the State of Cali forn ia.
Th e Mem bers p ledge to ho ld th emse lves and eac h oth er Member responsible for obse rving the standards
se t fo rth in these Pro toco ls, and to enforce these Protocols when necessary to preserve t he integrity of City
government or the public 's image of the City.
2.0 Setting a Higher Standard within the Existing Framework
By adopting these Protoco ls, the Council intends to supplement and not to supersede Cal ifornia 's existing
legal framework applicab le to local governments. Sim il arly , the Council intends that these Protocols will not
merely restate existing legal obligations , but will establish a higher standard of conduct for Members in the
gove rn ance of the City. Members are refe rred to Appendix "A" (Legal Framework & Resources ) for
pe rtin ent reso u rces . Memb ers are expected to be fami liar with a nd to seek guidance about the applicability
of the lega l framework .
3.0 Openness
Ope nn ess or tra nsparency in decision ma kin g is of the ut mo st importa nce in maint aining ethica l,
re presenta tive loca l gove rn ance . Toward that end , Members will ad here to the follow in g standards:
3.1 Public Meetin g s. Members will make it a priority to hold publ ic meetings in accordance with the
Ralph M. Brown Act. Members will seek guidance from the City Attorney as to the accepted
inte rpretation of Bro wn Act requireme nts and will apply those provis ions conservatively in favor of
the public 's righ t to participate in p ublic decisions.
3.2 Council Communications & Serial Meetings. Communications between Members will be
conducted in accordance with the Ralph M. Brown Act. Members will not engage in "serial
meetings" with coll eagues -a discussion of City issues among a majority of Councilmembers or
Commissioners ei ther collectiv ely (i .e . all meeting togethe r) or in a sequence (A ta lks to B who
talks to C). Members will not use othe r persons as in termediaries to accomp lish a serial meeting
or to circumven t the Ralph M. Brown Act.
3 .3 Closed Session Di sc ussio n s. As pa rt of a p roperly age nd ized meeting , Members may only ho ld
sessions c losed to the pub lic , at advise ment of the City Attorney, in accordance w ith the
commonly accepted interpretation of Brown Act requi rements. Discussions held in closed
sess io n are to be directly limited to the matter at hand . Such discussions , along with materials
reviewed , are confidential and shall not be disclosed except as the City Attorney may advise.
3 .4 Closed Session Materials. Confiden tia l materials provided in preparation for and durin g closed
sessions must be returned to the City Attorney at the conclusion of the closed session .
4.0 Fairness of Process
Members will comp ly with the meeting and hearing procedures set forth by Counci l Ordinance or
Reso lution . See (Council Resolution 10-4695). Additionally , in order to cu ltivate an environment of
fairness and to encourage public confidence in City decisions , Membe rs will adhere to the following
standards of conduct:
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4 .1 Decisions on the Merits . Members will base their decisions on the facts and merits of each
matter, not upon personal or other biase s , and will strive to make decisions that are in the best
in terests of the community as a whole .
4 .2 Meetings wi t h Ap pl icants & Int erested Perso ns. Except as provided below, a Member may meet
and/or commu nicate with any person inte rested in a Developm ent Project (a s defined be low) at
any time befo re or after the filing of an applicat ion for the Deve lopment Projec t. All meetings and
communications m ust be in compliance with the Brown Act. After an application for an approval
or permit has bee n filed with the City relating to the Deve loper Project , Members shall on ly meet
and communicate with the project app licant and/o r owners (including the ir agents,
repres en tati ves and contractors) wi th regard to the Development Proj ect as part of an agendized
public meeting , as may otherwise be directed by Council (e.g . an ad hoc committee ), or in the
presence of the City Manager or his/he r designee .
For the purpose of this Section, a "Development Project" shall mean only those proje cts seeking
or requiring a Speci fic Plan , Zone Change , Dev elopmen t Agre emen t , Dens ity Bonus, Subdivision
Tract Map , or a Conditi ona l Use Permit for a sensitive use (i.e. adu lt business , massage parlor
etc), or an industria l or commercial use having a bu ilding area of 20 ,000 square feet or more.
4 .3 Disclose Information . Pr ior to any deliberations on a project or matter at a public meet ing ,
Members shall publ icly disclose in form ation about the matter that they have obtained from
sources, not presented in the staff report (e .g. their own site visit, from t he public, from the
appl ican t, etc.), which ma y influence the ir decision or that of Members.
4.4 Consider A ll Si des . Members sho ul d co nsider th e various viewpoi nts related to a project or
matter and affo rd proj ec t app lica nts and inte rested perso ns an adequate opportunity to co mm ent
upon a project or matter before actio n is taken . However, redundant comments or abusive or
uncivi l conduct wi ll not be permitted .
4 .5 Decorum . To ensure the fa irness and integrity of the deliberative process , the presiding officer
will preserve decorum and conduct meetings in an ord erly manner. Members w ill remain
attentive of the bus iness at hand and conduct themselves i n a manner that is civil , po li te and
respectful. Members will refrain from unnecessarily in terru pting speakers and not engage in
abusive conduct , personal charges or verbal attacks upon the characte r or mot ives of other
Members, City staff and/or th e public.
4 .6 Attentiveness . Remain attentive at mee tings . Do not make or receive phone calls , text
messages or e-ma il s from the dais. Place cell-phones and other communication devices in "off'
or "silent" mode . Refrain from si de-bar conversations with other Members while at the da is.
5.0 Ethical Decision Making
Memb ers will observe the highes t standards of ethical conduct in dealing with the commun ity and carrying
ou t the ir official duties. In every action and decisio n, Members shou ld a vo id even the appearance of
impropriety an d are stro ngly encouraged to apply the guidelines for "Ma king Ethica l Decisions" provided
below :
5.1 Avoiding the Appearance of Improp riety .
5.1.1 Make Ethical Decisions. Members are referred to Append ix "B" (Gui d elin es fo r
Making Ethical Decis ions ) for the process Members are en couraged to utilize in mak ing
City re lated decisions.
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5 .1.2 You May Need to Refrain From Participating. Conflict-of-interest issues are complex
and opaque to the public. Some situations are not "legal" conflicts of interest, but may
nevertheless pose the "appea rance of impropriety " to the public. In such situations , the
Member should not participate in the matter.
5 .1.3 Smell Test. Do an ethical "smell check" or "gut check" regarding the matter. What is
your conscience telling yo u?
5 .1.4 Get Help. To assist in making a decision not to participate , Members should consult the
guide lines for Making Ethica l Deci sions (below), the City Attorney or the FPPC helpline ,
an d/o r thei r constituents.
5.2 Ethical Pr inc iples to Follow.
5.2.1 Be A Good Steward . Goo d stewa rdsh i p of the public 's interest must be the Member's
primary concern .
5.2.2 The Common Good . Members will work fo r the common good of the citizens and not for
any private gain , political advantage or personal intere st.
5.2 .3 Fairness and Equity . Members will treat all members of the public and issues before
them in a fair and equitable manner.
5.2.4 Impartiality . Members w ill be independent of spec ial interes ts and impartial in decision
making .
5.2.5 Avoid Personal Inte rests. Mem be rs are prohib ited from us ing their official pos itio ns to
influence decisions in which they have a perso nal fin anc ial interest, are members of an
interested organization , or have a personal relations hip that wou ld be affected .
5.2.6 No Personal Gain . Members shall not take advan tage of, o r use, public property and
equipm e nt , public services, confident ia l public informa tion , public resources , or other
opportu niti es afforded by the ir office , for perso nal gain .
5.2 . 7 City Stationery . City letterhea d or stationery or other City resources may not be used by
Members to promote persona l int erest s.
5.2 .8 Appearing before Council . Memb ers shall not appear before the City Council or other
Ci t y boa rd or commission repr ese nting any private interest or community group.
Membe rs are permitted to speak as a member of th e pub li c o n a ny matter that affects
them persona ll y, but may not part icipate i n the matter as a Member.
5.2 .9 Gifts . Members w ill refra in from accepting gifts, favor s or promises of future benefits that
might co m promise their inde pend ence , or the appearance that they are independent and
unb iased.
5.2.1 0 Campaign Contributions . Membe rs have a r ig ht to re ceive campa ign contr ibutions, as
allowed by law , as part of runn ing for elected office. However, Members shall not
participate in any City action (unless participation is legally required ) regarding any
Contractor, Vendor or Deve loper f rom whom the Member has received a campaig n
con t ributi on of $101 or more in the previous forty-e ight (48) months.
For the pu r poses of this Secti on, "Contractor'' an d "Vendor" means any person or entit y
who has an existing contract, ag reement, or othe r ar rangement to prov ide th e City with
goods, services , or other items, or who has an inte res t in or expectation of obtaining such a
con tra ct, ag reement or arrangement in the future . The terms "Contractor" and "Vendo r"
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include agents and representa tive s of the Con tractor or Vendo r, an d where the Contractor
or Vendor is a bus iness entit y, includes all owners , principals, shareholders , partners
(whe th er general or limited), members, officers , di rectors , and managers.
For the purpo ses of this Sectio n, "Developer'' means any perso n or en t ity who is currently
seeking , or who has an interest in or expectat ion of seeking from the City a Specific Plan ,
Zone Change , Developmen t Agreement, Density Bonus , Subd ivisio n Tract Map , or a
Con ditio nal Use Permi t fo r a sensitive use (i.e . adu lt business , massage parlor, etc .), or an
ind ustri al or commercial use ha ving a bu ilding area of 20,000 square feet or more.
"Deve loper" in cludes agents and representatives of the Developer, and where the
Developer is an business en tity, includes all ow ners , principals , shareholders, partners
(whethe r general or li mited), members, officers , directors, and managers.
6.0 Efficiency and Accountability
The City of Temple City operates under a co un ci l-manager form of government u nd er which the Counc il's
ro le is to provide leg islative direction , set Ci ty policy and mon itor its implementation . The City Manager
serves as the City's adm inistrat ive head and is responsible fo r directing the day-to-day ope rations of the City
and for admin istering all City business .
6.1 Members Should No t In terfere with Ope ra tions .
6.1 .1 Basic Noninterference Rule : Th e basic non-interference rule is stated in Sect ion 609 of
the C ity Charter:
"No member of the city cou nci l shall interfere with the execu tion by t he city manger of his
powers and d uties; nor shall any councilman direct th e city manger to appoint or remove
any office r or employee of the ci ty. Excep t for the purpose of inqui ry, no counci lman shall
deal wit h th e administrative se rv ices of c ity except by and through th e city manager; nor
sha ll any councilman give any order or direction to any subordinate officer or employee of
city . Thi s sect ion sha ll not apply during per iod of disaster proclaimed by the governor or
city cou nci l, nor during such times as there shall be no council designed city ma nger
actin g in that capacity."
6.1 .2 Implementing this Rule:
a) St ay Out of Personnel Matters . Members will not interfere with the appointment,
eva luation , discip lin e , or remova l by the City Manager of any Department Head
or emp lo yee of the City .
(i) Ex ception -City Attorney. The City Attorney is hired , appoin ted ,
evaluated , and removed d irectly by the Council.
b) Comments about Ci ty Employees . Members may exp ress concerns about the
behavior or work performance of City employees only privately to the City
Manager. Members may not reprimand or c riticize employees directly.
c) Orders and Direction to Employees . On ly the City Manager may give orders and
direction to Ci t y employees. Members may no t d irect the work or actions of City
emp loyees .
(i) Requests for Information . Al l Members will direct requests for
information , research, or reports to the City Manager and appl icable
Department Head or their designee, and not to C ity Employees . If there
is a legal question it shou ld be directed to the City Attorney. Quest ions
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regarding elections and disclosu re statements may be addressed to the
City Clerk.
(ii) Responses. Responses to Member substantive information inquiries wil l
be provided to al l Members of the same category (e .g. a response to a
request by a Councilmember will be prov ided to all Councilmembers).
(ii i) Notifications . Where the City Manager o r Department Head provides
general facts or information abou t the City , a program , or a City event to
one Membe r , it should be provided to all Memb ers of th e same category.
d) Staff Liaisons to City Commissions I Committees and Outside Agencies.
Members serving as th e Ci ty 's representative to a City Commission o r
Committee or to an outside agency may interact directly with the City employee
ass igned to that effort by the City Manager.
e) Operat ions an d Service Leve ls. Cr iticis ms of City ope ratio ns and service levels
may be made only to the City Manager and not to City employees or Department
Heads , unless first clea red th roug h the Ci ty Manager or expressed in general
during a regular Co un cil, board o r comm ission meeting .
f) Po litica l Solicitation & Activities . Members will not solicit political support from
City employees (e.g., financial contributio ns, display of posters or lawn signs,
name on suppo rt li st , etc.). Members wi ll not engage in political activities at City
Hall or other City facilitie s. This provision is not intended to impair the free
exercise of federa l and state co nstitutio nal and statutory rights by City
employees .
6 .2 In te raction of Members.
6.2.1 Positions of Mayor and Chairman.
a) Honorary Presiding Officer. The positio ns of Mayor and Mayor Pro Tempore on
the City Council (created under Section 601 of the Ci ty's Charter) and th e
positions of cha irman and vice chairma n on City boards and commissio ns are
genera lly considere d honorary an d ceremo nial , but a lso serve an impo rtant
procedural role as th e presiding officer at meetings of their body. Persons
appointed to those pos ition s by a majo rity of their co unci l, board or commission
serve at the pleasure of thei r appointing body.
b) Mai ntain Order, Decorum & Proced ure. The Ma yo r and Chairman are
responsible for mai nta ining order and decorum of their body 's meetings a nd
enforcing the City's decorum ru les whe re necessary. They are responsible for
th e o rde r of busi ne ss at meetings, the efficien t flow of business during meetings,
and f or preserv ing the ri ght of the public to be heard in an orderly fashion .
c) Ceremonial Head. The Mayor is the ce remonia l head of the City and sig ns all
proclamations, officiates at al l City functio ns, and welcomes visiting dignita r ies.
d) Spokesperson. The Mayor is the officia l spokesperso n for the City and has the
lead responsib ili ty for communications with the press and public on official City
busin ess. The Mayor will work on press re leases and statements to the press
with th e City Manager and will report th e majority positio n adopted by the
Co unci l, and not his or her personal opi nio n on matters.
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6 .2.2 At Public Meetings
a) Follow Rules of Order. Decorum and Procedure. Members will adhere to the
rules of order, decorum and procedure for the conduct of publ ic meetings
adopted by the City Council from time to time. Abiding by these rules will
maintain civ ility an d the orderly conduct of business.
b) Keep Conduct Professional. Members will conduct themselves in an orderly,
professional , and bus in ess-like manner to ensure that th e bus iness of the City
shall be attended to efficie ntly and thorou g hly.
c) Professional Attire. M embe rs should wear professional an d bus iness-like attire
at public meetings . Th e Ma yo r or Chai rman may allow business casual attire
during the summer or for special events or occasions.
d) Keep Comments O n-Topic. Public meetings are to atten d to and resolve City
busines s. Members will avoid being overly repet itious and will endeavor to limit
their comments to the subject matter at hand . Members are encouraged to fully
express their views and to explore the views of others, but Members should also
be mindful of avoiding lengthy or unproductive debates.
e) Ask Questions in Advance . When preparing for public meetings , Members are
encouraged to provide their questions far enough in advance to the C ity Manager
or City employee responsible for the meeting so that meanin gful in formatio n and
responses ca n be shared at the meeting .
6 .2.3 Relations with Fe llow Members
a) Civi lity. Members should always practice c ivil ity . By doing so you help the City to
fu lfi ll its potential by putting the common good ahead of persona l rivalries or
irritations . Civi lity is best fo stered by a collective com mitmen t to fo llowing
established rules of procedure .
b) Team Spirit. Members will foster a co lleg iate or team oriented environmen t
among themselves.
c) Ret reats . Goa l Setting and Training . To encourage a strong working relationship
and communicati on , Members should have at least one r etreat , goal setting
session , and/or group tra in ing session each year.
d) Different Poin ts of Vi ew . Members will exercise to lerance fo r the differen t
opinion s, perspectives, and po ints of view of the ir colleagu es and will recognize
their righ t to exp ress these views on matters of C ity business w ithin the
established rules of de corum and o rder of bu siness .
e) Managing Conflict. Members will manage disagreement with civil ity and
professionalism and wi ll not allow disagreem ent to tu rn into open con fli ct or
hostility. Members will refrain from abusive conduct , personal charges or verbal
attacks upon the characte r or motives of other Membe rs , Ci ty employees and /or
members of the pub lic.
6 .2.4 Public Communication and Appearanc e
a) Pe rsona l versus C ity Positions. It is an important part of each Member's
responsibility to comm un icate with the public. In co mmunications regard i ng City
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7.0 Enforcement
business , it is important to distinguish a Me mber's personal views and opi nio ns
and the adopted City pos ition . When appearing before another governmental
agen cy or organizatio n, the Member should clearly set fort h the City 's official
position , and then may express their own position .
(i) Exp ressing Dissent. Each Member has a rig ht under the First
Amendmen t to express their views and opinions , even if contrary to the
official posi t io n of the City . Ho wever , Membe rs will express their
dissenting views with tact and civili ty.
b) Use of Official T itles . Members may use their officia l title on ly when conduc ting
official City business, for informationa l purposes , or as an indica tion of
ba ckground and expertise , after having carefully considered whether they are
exceeding or appeari ng to exceed their authority .
c) Response to Publ ic Communication . Members a re enco uraged to respond
prompt ly to letters , telephone calls an d oth er communications rece ived from
member of the Public who have requested a response . Membe rs are not required
to respond to commercial solicitations or to anonymous , ob no xious or harassing
commu nications.
7.1 Member Responsibility. Upon assuming office each Member shall sign a statement affirming that
they have been provided with and will read these Protocols. Each Member is responsible for
adherin g to these Protoco ls as well as the laws that com prise the basic lega l framework for local
government discussed in th e first part of the Protocols .
7.2 Coun ci l Author ity . T he City Council has author ity , but not the legal obligation, to monitor each
Member's adhe rence to these Protocols and to take co rrective action for viol at ions, as provided
below.
7.2 .1 Training and Education. Th e City Council will sponsor pe r iodic training opportunit ies fo r
Members to become more familiar with t he Protocols and the legal framework (S ee
Appendix "A").
7.2 .2 Councilmembers. Un de r Ca liforn ia law, t he Co un ci l does not have th e legal authority to
r emove Members elected or appo inted to the City Council or to oth erwise deprive them of
the i r office . However, as provided in Section 7.4 , a majority of the Councilmembers may
rem ove a Councilmember from all Council hono rary and/or ceremonial pos itions and ad-
hoc a nd stand ing committee s, as well as from positions with oth er governmental
age ncies or oth er or gan iza tions th ey hold by virtue of appo intment by the City Council.
7 . 3 Violation of Oath of Office.
7.3 .1 Oath of Office. All Members take an oath upon assum ing office, ple dging to uphold the
constitution and laws of the City, the State an d th e Federa l government. In ad dition,
Members commit to disclos in g to the appropriate authorities an d/o r to the City Council
any behavior or activity tha t may qualify as co rruption , abuse , fraud , bribery or other
vio latio n of the law.
7.4 Violation of Protocol s.
7.4 .1 Complaint. Where any Mem ber, Counci lmembe r, City employee, or resident of the City
has substantial ev idence tha t a Mem ber has mate rially violated these Protocols or their
Oath of Office , they may file a written statement with the City Clerk who will then provide
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it to the City Ma nage r and City Attorney and the affected Member. The name of the
comp lai na nt shall initially be redacted and kept confidential and not disclosed until it has
been determ ine d as provided in Section 7.4 .2 that there is substa nt ial evidence that the
Membe r has materially vio lated the Protocols.
7.4 .2 Investigation . Upon receipt of a Compla int as prov ided in Section 7.4 .1, or upon the
direction of the City Cou ncil, the C ity Manager and City Attorney shall investigate and
report, wi thin not more than th irty (30) days, as to whether there is substantial evidence
in support of an allegation tha t a Member has materially violated these Protoco ls or the
Oath of Offi ce . If th e Ci ty Mang er and Ci ty Attorney co nclude that there is not
substa nti a l evidence to support an alleged violatio n or that the vio lation was not material
they shall so report to the Counc il and the matter sha ll be deemed dismissed unless the
Council d irec ts that a publ ic meeting be held pursuant to Sec tio n 7.4 .3. If the City
Manager and City Attorney conclude that there is substantial ev id ence to support an
alleged materi al violat ion of th e Protocols or Oath of office they shall , issue a report to the
City Council and the Membe r. The affected Memb er shall have 30 days to provide any
written comments or evi dence to the City Manager, City Attorney and City Council in
response to the report .
7.4 .3 Enforcement. T he City Counci l shall enfo rce these protocols against Membe rs
depe nding upon the exte nt and se verity of the violation by means of either (i) a warn ing
(ii) a written reprimand; (i ii ) cen sure ; or (iv) remova l from office . The following procedu re
shall be utilized :
a) Re ceipt of Report. Up on receipt of t he Report , the Counci l will hold a publ ic
meeting at whic h it w ill determ ine whethe r the co mpla in t should be dismisse d , a
warning should be iss ued , a wr itten reprimand should be iss ued , ce nsure issued ,
or the Member (only if not a Councilmembe r) should be removed from th ei r
office. In the event the Council determines that it appears that anyth i ng othe r
th an a dism issal or warning is appropriate, it shall set a public hearing to be held
within 30 days and pro vide wr itten notice and opportunity to be hea rd to the
affected member.
b) Dismissal. Where the Council , based on the Report and any statement from the
affected Member, de te rm ines that it is clea r that no violation occurred or that only
a trivi al or de m inimu s violation occurred, or that the compl aint was motivated by
revenge o r other improper motives , the Council may dismiss th e complaint.
c) Warning . Where the Coun cil , based o n th e Report and any statement from the
affected Membe r , determines that there is some evidence that only a minor
vio latio n or a questio nab le practice has occurred , the Council may issue a wr itte n
warning to the affected Member specifying th e violati on(s) and requesting
corrective action .
d) Reprimand. Where the Coun cil , based on the Report , any statement from the
affected Member, and other evidence accepted , determin es that there is
s ubs ta ntial evide nce th at th e Member has materiall y v io lated one or more
provisio ns of the Pro tocols , the Council may adopt a resolu tion reprimandi ng t he
affected Member for their conduct , stati ng that any violations shall cease , and
request ing corrective action . The affected Member may file a rebuttal to the
Re primand with the City Cler k which wil l become a matter of publ ic record .
e) Cen su re . Where the Council, based o n the Report, any statement from th e
affected Member, and other evidence accepted at a public hearing of the matter,
determines that there is substantial evidence that the Memb er has materially
violated one or more provi sions of these Pr otocols , and that such v iolation(s)
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imp ugn the integ rit y or dignity of the City or that suc h violatio ns are egregious or
chronic in nature , the n the Council may adopt a resolutio n ce nsur ing the affecting
member by condem ning their actions , removing the Membe r f rom all appointive
positions rep resen t ing the City in front of othe r gove rn ments and age ncies ,
demotin g them if they hold a posi tio n of mayor, mayo r pro tempore , chairma n or
vice chairman , sta tin g t hat the violations shall cease , and demanding corrective
actions . The affected Member may file a rebutta l to the Ce nsure w ith the City
Cl erk whic h will beco me a matter of public record .
f) Removal from Office . Notwithstanding any of the provisions in this Section 7.0 ,
th e City Council ma y remove any commissioner or board me m ber appointed by
th e C ity Counc il at its pleasure , and not hing in these Pr otocols effects or
diminishes such power nor vests such commiss io ners or board members wit h
any additional righ ts , including , withou t limitation , rights of procedural due
pro cessio n.
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APPENDIX A-LEGAL FRAMEWORK & RESOURCES
1.0 l eg al Framework
Law or Regulations
California Laws
Cal ifornia Constitutions
General City Authority
Ra lph M . Brown Act
Open Meeting Laws
California Public Records Act
Public Records Disclosure
Cal ifornia Polit ical Reform Act
Conflicts, Disclosu res & Campaigns
FPPC Regulations
Conflicts, Disclosu res & Campaigns
Legally Required Participation
California Anti-Self Dealin g Law
Self Interest in Co ntracts
California I ncompatibili ty of Office Law
Holding Two Public Offices
Temple City Documents
City's Charter
City Municipal Code
City Council Rules of O rd e r and P rotocols
Rei m bursement Policy
2.0 Onl ine Resources
Resource
State of California
Portal to State Websites
Official Cal Legislative Information
California Bills & Codes Online
Cal. Fair Political Practice Commission
Conflict of Interest Info
C itation
Article X I §§ 2 , 5 , 7 , & 11.
Government Code §§ 54950 et seq .
Government Code §§ 6250 et seq .
Government Code§§ 81000 et seq .
2 Cal. Code Regs.§§ 18109 et seq .
2 Cal. Code Regs. §18708
Government Code§§ 1090 et seq .,
Government Code § 1126 & § 1 099
Articles I through XII
Title 2 "Administration "§§ 2100 et seq .
Resolution 1 0-4695
Policy No. 3 .02
Web Address
www.ca .gov/index.asp
www.leginfo.gov
www.ca.fppc
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Cal. Attorney General
See AG Opinions
Cal. Senate
Bill Information Online
Ca l. Secretary of State
Election Inform a tion
LA County Registrar of Vot ers-R ecorder
Election Informa tion
League of California Cities
Municipal resour ces
Institute fo r Loca l Government
Municipal resource s
Cal. Joint Powers I nsurance Authority
Risk Manageme nt & Training
Marr kula Institute fo r Applied Ethics
Ethical Decision Making
Institute for Local Self Government
Government Ethics
www.ag.c a .gov
www.sena te .c a .gov
www.sos.c a .gov
www .lavote. net
www. c ac it ies. o rg
www.c a-i lg .org
www.cjpia .gov
www.scu.e du/ethics/prac ticing /decisio n
www.ilsg.o rg
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APPENDIX B-GUIDELINES FOR MAKING ETHICAL DECISIONS
[Pleas e visit the Markkula Center for Applied
Ethics at the University of Santa Clara]
How to Make an Ethical Decision . Whe n presented with an opportuni ty to participate in maki ng a
decisio n for the City , the City Official should :
A. Recognize whe ther an ethical issue is involved .
1. W il l the decision resu lt in damage or injury to people?
2 . Is there a clear good or bad result?
3. Is t he result compelled under the law or does it hinge on budgetary, effic ien cy , or
other community concerns?
4 . Et hical decisions are often not the easiest decision nor the most popular.
B. Get the facts .
1. Rea d the staff repo rt and get questi ons answe red by t he City Manager in
advance .
2. Are there alternatives t hat would lead to better or worse results?
3. What are the viewpo int s of the stake ho ld ers? Are some more important than
ot hers?
4 . Ar e there any unan tici pated consequences?
C. Evaluate alternative actions. Which option will:
1. Produce the most good and do the least harm ? (See The Markku la Center's
Utili ty Test.)
a. Identify the alternative actions th at are possible and the persons an d
groups (the stakeho lders) who will be affected by these actions.
b. Fo r each of th e most promising a ltern atives , determ in e the benefits and
costs to each person or group affected .
c. Se lect the ac t io n i n the curren t si tua tion tha t p roduces the greatest
benefits over costs for all affected.
d . Ask what woul d happen if the act ion were a policy for all similar
situations.
2 . Best respect the rig hts of all who have a stake? (See The Markkula Center's
Rig hts Test.)
a . Identify the right being upheld or violated.
b. Expla in why it deserves the status of a r ight.
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c. A sk whether t hat right conflicts with the rights of othe rs.
3. Treat people equa ll y or proport ion ately? (Se e T he Markku la Center's Ju st ice
T est.)
a. What is the distribution of benefits and burdens? Is the distribution fair?
b. If disagree me nt pe rs is ts ove r which outcome is fai r, select a fair process
to decide the issue.
4. Bes t serve the community as a w hole? (See T he Markkula Cen ter's Common
Good T est.)
a. Identify w hat parts of the common good are involve d.
b. Expla in obliga t io ns to promote or protect the common good .
c. Discern whet her th e proposed action conflicts with an obligation to
promote or protect the common good.
5. Lead the C ity Offic ial to act as the sort of person or officia l as they wan t to be?
(See Th e Markkula Center's Virtue T est.)
a. Will the actio n help to make you the kind of person you want to be?
b. Will the action fit the City 's repu tation or vision of what it would lik e to
be?
c. Will the action maintain the right ba lance between excellence and
success for th e City ?
D . Make a decision and test it.
1. Whi ch approach best su it s the situation and arrives at the most ethical decision?
2. W hich option is like ly to be most respected by the Member's colleagues and
constituents?
E. Act and re f lect o n the outcome.
1. How can the decision be implemented to best reflect the intention and reasons
for th e decisio n?
2 . What was the end res ult of the decis ion and what feedback has the C ity Official
received?
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