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D-1 Staff Report - City Council Governance Protocols and Procedures
Council Governance Protocols and Procedures November 15, 2021 Page 1 SCHEDULED ITEM D-1 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: NICO DE ANDA-SCAIA, DEPUTY CITY MANAGER MARCO A. MARTINEZ, CITY ATTORNEY DATE: NOVEMBER 15, 2021 SUBJECT: CONSIDERATION OF ESTABLISHMENT OF FORMAL CITY COUNCIL GOVERNANCE PROTOCOLS AND PROCEDURES BACKGROUND: The roles and responsibilities of City Councils are often diverse and complex. For this reason, various state laws and other established regulations exist which govern the scope and protocols of elected bodies. In addition to higher-level statutes, it is common for local governments to have in place formalized policies of their own related to City Council governance procedures and protocols. The City of Azusa does not currently have formalized procedures beyond what is outlined in the California Government Code and current Azusa Municipal Code. For this reason, the Mayor has requested that Staff bring forward a discussion item for consideration by the full City Council regarding the possible establishment of such procedures and protocols, similar to what is in place in other cities. It is the Mayor’s intent that these guiding procedures not repeal, duplicate or repeat any existing statutes or regulations, but rather expand upon and provide additional clarity on matters related to the governance of the City of Azusa. RECOMMENDATION: Staff recommends that the City Council take the following action: 1)Discuss and provide direction on establishment of formal City Council governance protocols and procedures. APPROVED CITY COUNCIL 11/15/2021 Council Governance Protocols and Procedures November 15, 2021 Page 2 ANALYSIS: Establishing formalized governance protocols and procedures for elected bodies is generally considered a governmental best practice. City Council protocols are often memorialized in the form of Resolutions(s) or a comprehensive Council procedures manual. These guiding policy documents are established to assist City Councils, staff, and others by documenting accepted operational practices and clarifying expectations for the general governance of the City. With formal protocols in place, administration of City Council affairs is often greatly enhanced by the agreement of elected officials and staff to be bound by these practices. It is common for many cities to adopt and maintain a Council procedures manual as a single point-of-reference for appropriate governance practices, and to serve as a useful touch-point in the day-to-day leadership and administration of the organization. While attempting not to be overly restrictive, Council procedures manuals should be viewed as an instructive source of guidance so that accepted practices and expectations may be clearly articulated to guide Councilmembers in their actions. While not inclusive of all applicable laws, plans, and documents which bind City Councils to certain courses of action and practices, it is typical of Council procedures manuals to include the following topic areas: - Overview of federal and state laws/codes - General powers, roles and responsibilities - Council codes of conduct - Meeting management - City Council communications - Council-manager/Council-city attorney relationship - Interaction with city staff/officials - Support provided to City Council - Financial matters - Vacancy protocols - Conflicts and liability - Ethics - Reference guides and materials - Other policy and procedural considerations Staff is recommending that Council discuss and provide direction on the establishment of formal City C ouncil governance protocols and procedures, including general level of detail, any areas of priority or additional topics of interest, and the desired format of these policies (whether a resolution, comprehensive procedures manual, or both). For Council consideration, attached are several sample policy documents established in other cities which could be drawn upon in the establishment of an Azusa-specific governance protocols and procedures manual. Pending Council direction, Staff would return with a draft policy document for review and adoption at a future meeting. Council Governance Protocols and Procedures November 15, 2021 Page 3 As practices and policies may change over time within the parameters of state and federal law, the manual would need to be reviewed periodically and revised by City Council Resolution as needed. Any rules may be adopted, altered, amended or repealed by Resolution at any time by a majority vote of the City Council. FISCAL IMPACT: There is no fiscal impact to the development of Council procedures and guidelines. Should City Council direct the preparation of such materials, staff time would be required in doing so. Prepared by: Reviewed and Approved: Nico De Anda-Scaia Sergio Gonzalez Deputy City Manager City Manager Attachments: 1) City of Davis City Council Procedures Manual 2) City of Arcata City Council Protocol Manual 3) City o f Chowchilla Rules of Procedure Handbook 4) City of Victorville Council Policy Manual 5) City of Whittier - Sample Resolution 6) City of Covina Council Codes of Conduct 7) City of Azusa Decision Matrix Procedures Manual for Council Members Attachment 1 2 Chapter 1 Introduction & Overview 1.1 Introduction ........................................................................................................5 1.2 Purpose of Davis Procedures Manual ................................................................5 1.3 Overview of Basic City Documents .................................................................5 1.4 Orientation of New Members ...........................................................................6 Chapter 2 City Council: General Powers and Responsibilities 2.1 City Council Generally .....................................................................................7 2.2 Role of Mayor & Mayor Pro Tempore .............................................................8 2.3 Appointment of City Manager, City Attorney ..................................................8 2.4 Role in Disaster .................................................................................................8 2.5 Appointment of Advisory Bodies .....................................................................9 Chapter 3 Support Provided to City Council 3.1 Staff/Clerical Support .....................................................................................11 3.2 Office Equipment ............................................................................................11 3.3 E-mail, Computers ..........................................................................................11 3.4 Meeting Rooms ...............................................................................................12 3.5 Mail, Deliveries ...............................................................................................12 3.6 Interns .............................................................................................................12 Chapter 4 Financial Matters 4.1 Council Compensation ....................................................................................13 4.2 Expenditure Allowance ...................................................................................13 4.3 Expenditure Guidelines ...................................................................................13 4.4 Special Events .................................................................................................14 Chapter 5 Communications 5.1 Overview .........................................................................................................15 5.2 Correspondence from Council Members ........................................................15 5.3 Speaking for “the city” ....................................................................................15 5.4 Role of Commission Liaison ..........................................................................16 5.5 Local Ballot Measures ....................................................................................16 5.6 State Legislation, Propositions ........................................................................16 5.7 Proclamations ..................................................................................................16 3 Chapter 6 Conflicts & Liability 6.1 Conflict of Interest ..........................................................................................18 6.2 Guide for Conflicts Related to Real Property ..................................................19 6.3 Publication of City Attorney Conflict Advice ................................................20 6.4 Conflict of Interest Forms ...............................................................................20 6.5 Transportation Pass Restriction .......................................................................20 6.6 Liability ...........................................................................................................21 6.7 Harassment ......................................................................................................21 Chapter 7 Interaction with City Staff/Officials 7.1 Overview .........................................................................................................22 7.2 Council/Manager Form of Government ..........................................................22 7.3 Council/Manager Relationship .......................................................................22 7.4 City Manager Code of Ethics ..........................................................................23 7.5 City Council/City Attorney Relationship ........................................................23 7.6 Roles and Information Flow ...........................................................................23 7.7 Dissemination of Information .........................................................................25 7.8 Magnitude of Information Request .................................................................25 7.9 Staff Relationship with Advisory Bodies .......................................................25 7.10 Council Relationship with Advisory Bodies....................................................26 7.11 Restrictions on Political Involvement by Staff ...............................................26 Chapter 8 City Council Meetings 8.1 Meeting Schedule ............................................................................................27 8.2 Special Meetings .............................................................................................27 8.3 Placing Items on Agenda ................................................................................27 8.4 Tips on the Dais ..............................................................................................28 8.5 Order of Business ............................................................................................28 8.6 General Procedures .........................................................................................31 8.7 Discussion Rules .............................................................................................31 8.8 Other Protocol .................................................................................................32 8.9 Voting Procedures ...........................................................................................35 8.10 Notification and Advertising ...........................................................................36 8.11 Development of Agenda .................................................................................36 8.12 Open Meeting Laws ........................................................................................37 Chapter 9 Additional Training & Resource Materials 9.1 League of California Cities .............................................................................39 9.2 International City Management Association (ICMA) ....................................39 4 9.3 Local Government Commission .....................................................................39 9.4 Appendix .........................................................................................................39 9.5 Other Reference Material on File ...................................................................40 Chapter 10 Leaving Office 10.1 Return of Materials, Equipment ......................................................................41 10.2 Lobbying Restrictions .....................................................................................41 10.3 Filling Council Vacancies ...............................................................................41 Chapter 11 Appendix A. Reference Guide to Motions ..................................................................................43 B. ICMA Code of Ethics ............................................................................................44 C. Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21stCentury ...............................................................................49 D. Report on City Participation in Ballot Measure Campaigns ................................55 E. Mass Mailing at Public Expense ..........................................................................84 F. Public Agency Campaign Mailers Fact Sheet .....................................................88 Fifth edition: 2012/2014 5 Introduction & Overview 1.1 As a City Council member, you not only establish important and often critical policies for the community, but you are also a board member, and responsible for the fiscal health, of a public corporation having an annual budget of over $127 million. The scope of services and issues addressed by the city organization go well beyond those frequently reported in the newspaper or discussed at City Council meetings. Certain state laws and other established regulations exist which govern various responsibilities of the City Council. This procedures manual is not intended to duplicate or repeat any existing statutes or regulations. City Council members are responsible for becoming familiar with these statues and regulations. Purpose of Davis Procedures Manual 1.2 The City of Davis has prepared its own procedures manual to assist the City Council by documenting accepted practices and clarifying expectations. Through agreement of the City Council and staff to be bound by these practices, administration of City Council affairs is greatly enhanced. While attempting not to be overly restrictive, procedures are established so that expectations and practices can be clearly articulated to guide Council members in their actions. This procedures manual will aid Council in taking bold/responsible action, when necessary, to keep Davis on the growing edge of well run, well managed, innovative cities. Overview of Basic City Documents 1.3 This procedures manual provides a summary of important aspects of City Council activities. However, it cannot incorporate all material and information necessary for undertaking the business of a City Council. Many other laws, plans and documents exist which bind the City Council to certain courses of action and practices. A summary of some of the most notable documents which establish City Council direction is provided below. Davis Municipal Code: The City Code contains local laws and regulations adopted by ordinances. The administrative chapter of the code addresses the role of the City Council, Mayor and Mayor Pro Tempore. It also describes the organization of City Council meetings and responsibilities as well as the appointment of certain city staff positions and advisory commissions. In addition to these administrative matters, the municipal code contains a variety of laws including, but not limited to, zoning standards, smoking restrictions, traffic/speed regulations, and local tax standards. California Government Code: The state government code contains many requirements for the operation of city government and administration of meetings of city councils throughout the 6 state. Many of these requirements, such as open meeting laws, are also replicated within the municipal code to ensure there is broad awareness of such requirements. Davis is a “general law” city, which means it is organized in accordance with provisions of the government code. Some cities within California are “charter cities” and have adopted local provisions to determine how the city is structured. Also described within the government code is the Council-City Manager form of government which is that practiced in Davis. Basically, this form of government prescribes that a city council’s role is to establish polices and priorities, while the role of the City Manager is to administer the affairs of the city government. Annual Budget: The City’s annual budget provides a description of city services and the resources used to provide services. The document contains a broad overview of the budget as well as descriptions of programs offered within each division of the organization. General Plan: Often referred to as a city’s development constitution, a state-mandated general plan addresses adopted future land development plans and policies. Development Impact Fee Study: The city has developed an extensive capital plan for projects required through the general plan build-out in the year 2010. The plan includes development fees, taxes and other revenues dedicated to capital expenditures. Disaster Plan: The city maintains a disaster plan which describes actions to be taken in periods of extreme emergency. The City Council may be called upon during an emergency to establish policies related to the specific incident. The disaster plan is entitled City of Davis Emergency Plan and is part of a state-prescribed format for emergency preparedness. Orientation of New Members 1.4 It is important that members of the Council gain an understanding of the full range of services and programs provided by the organization. As new members join the City Council, department heads are instructed to provide invitations for members to tour facilities and meet with key staff. At any time, if there are facilities or programs about which you would like more information, arrangements will be made through the City Manager’s Office to increase you’re awareness of these operations. 7 Davis City Council: General Powers and Responsibilities City Council Generally 2.1 The powers of a city council in California to establish policy are quite broad. Essentially, councils may undertake any action related to city affairs other than those forbidden or preempted by state or federal law. Specifically, the Council shall have the power, in the name of the City, to do and perform all acts and things appropriate to a municipal corporation and the general welfare of its inhabitants and which are not specifically forbidden by the Constitution and laws of the State of California (California Government Code). It is important to note that the Council acts as a body. No member has any extraordinary powers beyond those of other members. While the Mayor and Mayor Pro Tempore have some additional ceremonial and administrative responsibilities as described below, in the establishment of policies, voting and in other significant areas, all members are equal. It is also important to note that policy is established by at least a majority vote of the Council. While individual members may disagree with decisions of the majority, a decision of the majority does bind the Council to a course of action. In turn, it is staff’s responsibility to ensure the policy of the Council is upheld. Actions of staff to pursue the policy direction established by a majority of Council does not reflect any bias against Council members who held a minority opinion on an issue. The Davis City Council has often debated whether it should take positions of a broader nature or limit itself to purely municipal functions. Official expressions of support or opposition from the City Council are often and can be reasonably construed to carry the weight of opinion of the entire community. Statements indicating the perspective of the City Council in advising other jurisdictions should be made judiciously with care toward including opportunities for members of the community to become informed and provide input to the Council in advance of the action being taken. Davis City Council adopted a resolution requiring that all resolutions or other actions requesting advisory statements to other governmental jurisdictions shall appear on two separate posted agendas for open meetings prior to adoption (See Resolution No. 09-063). At the first meeting it is considered, a resolution or other action requesting an advisory statement to another governmental jurisdiction shall be read aloud in its entirety and a time for public comment shall be explicitly provided. At the second meeting of the City Council considering a matter pertaining to an advisory vote, the matter may be adopted Limitations are imposed on a Council member’s ability to serve on advisory boards of the city. State law expresses that no member of the Council shall be appointed to or serve as a voting member of any city board, committee, or commission, whether composed of citizen volunteers, city employees, or a combination of both. This is not construed as prohibiting members of the Council 8 from serving on committees or subcommittees of the Council itself, or of agencies representing other levels of government. In fact, Council members are encouraged to participate and provide leadership in regional, state and national programs and meetings. Council members are strongly encouraged to report to the Council on matters discussed at subcommittees and other regional, state, and national board/agency/group activities in which they have been involved. Role of Mayor & Mayor Pro Tempore 2.2 Mayor: As reflected in the municipal code, the Mayor is to preside at all meetings of the City Council and perform such other duties consistent with the office as may be imposed by the Council or by vote of the people. The Mayor does not possess any power of veto. As presiding officer of the Council, the Mayor is to faithfully communicate the will of the Council majority in matters of policy. The Mayor is also recognized as the official head of the city for all ceremonial purposes. Traditionally, the Mayor has also been assigned by the City Council to consult and coordinate with the City Manager in the development of agendas for meetings of the City Council. The scope of such review focuses on the timing of business items and the volume of business which can be considered at any one meeting. Such review does not allow for a unilateral unlimited delay of items to be considered by the Council. Should any significant disagreement arise regarding the scheduling of items, these matters are to be resolved by the full City Council. The City Council is presented with long-range agenda at every meeting which provides an estimation of matters to be considered at future meetings. Mayor Pro Tempore: The City Council has adopted an ordinance which specifies that the Mayor Pro Tempore shall be that person who received the greatest number of votes in the most recent City Council election. The Mayor Pro Tempore shall perform the duties of the Mayor during the Mayor's absence or disability. The Mayor Pro Tempore shall serve in this capacity at the pleasure of the City Council. The ordinance further specifies that the Mayor Pro Tempore shall become Mayor after the following election two years later. Appointment of City Manager, City Attorney 2.3 The City Council appoints two positions within the city organization: city manager and city attorney. Both positions serve at the will of the City Council. Beginning in 1987, city attorney services have been provided by contract with McDonough, Holland and Allen located in Sacramento. The city manager is an employee of the city and has an employment agreement that specifies some terms of employment including an annual evaluation by the City Council. The city manager is responsible for all other personnel appointments within the city. Role in Disaster 2.4 The City Council has some special extraordinary powers in the case of a disaster. Some meeting restrictions and expenditure controls are eased in such extreme situations. In critical situations the Council may be directed to assemble in one of the City’s emergency operations centers to provide policy guidance and to receive information in an extreme 9 emergency. Emergency operations centers are pre-designated locations in certain facilities that have been outfitted to accommodate representatives of all departments and contain communication equipment to monitor and manage disaster situations. Three alternative sites have been designated as emergency operations centers in the event that a disaster makes the most preferred sites inoperable. The alternative sites for emergency operation centers are as follows: 1. Police station, 2600 Fifth Street 2. Fire station 3, 425 Mace Boulevard 3. Fire station 2, 1350 Arlington Boulevard Should the City Council not be available during an emergency, state law specifies a hierarchy of others who may serve in place of the City Council. The most likely scenario is that the Board of Supervisors would serve in the place of the Council. Appointment of Advisory Bodies 2.5 The City has multiple standing commissions. In addition, special-purpose citizens committees and task forces are encouraged and are often appointed by the City Council to address issues of interest. The following procedures reflect the policy of the City Council regarding the appointment of volunteer citizens to the various advisory bodies of the city. The establishment of these procedures insures that responsible and willing citizens are given the opportunity to serve the City and participate in the governing of their community. These procedures apply to all appointments and reappointments to standing advisory bodies. Qualifications: A member should be knowledgeable of and experienced in the areas of interest of the board/commission on which he/she wishes to serve. All members must be residents of the city of Davis proper during the term of appointment; however, exceptions can be made for extraordinary circumstances on a case-by-case basis. The City Council may consider allowing a member to complete a term if he/she moves outside of the city limits. Other exceptions may include ex-officio appointments, appointments which represent an organization or field of expertise (such as the Chamber of Commerce or an agricultural representative), or when a UC Davis representative is requested. The City Clerk’s Office will recruit for commissions and applications to be considered for appointment will be submitted to the City Council. The applicant must be at least 18 years of age at the time of appointment unless it is specified that a youth member is desired. The Council shall review applications and make appointments to commissions. Terms: Unless otherwise stated by Council, the term of office on most boards/commissions is four (4) years for regular members. Because of the number of citizens interested in serving on city boards/commissions, membership is limited to not more than two consecutive terms. A member having served two consecutive terms may be reappointed based on exceptional circumstances. Exceptional circumstances may include, but not be limited to, the incumbent’s 10 special expertise, the need to preserve continuity on the board or commission, or a lack of other qualified applicants. After a one-year absence from service, persons may reapply to serve on the same advisory body. No person should serve on more than one board/commission at a time. However, individuals with special qualifications may be asked to serve on an additional board/commission or task force, and some commissions may require representation from other bodies (e.g. Inter Commission Liaisons). 11 Support Provided to City Council Staff/Clerical Support 3.1 General staff and administrative support to members of the City Council is provided through the City Manager’s Office. Secretarial services including scheduling of appointments, receipt of telephone messages, and word processing are available as needed. Sensitivity to the workload of support staff members in the City Manager’s Office is appreciated. Please note that individuals may have other work assigned with high priority. Should requested tasks require significant time commitments, prior consultation with the City Manager is requested. Office Equipment 3.2 To enhance Council members’ ability to communicate with staff and the public, city- purchased computers and fax machines can be provided. In addition, the Council’s expenditure allowance may be used for the purchase of other office equipment necessary to fulfill Council duties. E-mail, Computers 3.3 Council members may be connected from their home to the Citywide computer system through a high-speed telephone line (ISDN). With this ISDN connection, Council members are able to access the City’s computer network (for disk file access, printer access, and fax server access) and the Internet (for e-mail, and other Internet-related services). The Information Systems Division will provide initial installation of external modems and communications software. Information Systems will also provide training in the use of computers and related software. While staff will maintain those computer applications related to city affairs, staff cannot provide assistance for personal computer applications. When individual council members have completed their term of office, the communication software and external modems must be returned to the city. These technologies facilitate efficient communication by Council members. However, their use also raises important legal issues to which Council members must pay special attention. First, the Brown Act prohibits members from using “technological devices” to develop a concurrence by a majority regarding an action to be taken by the Council. “Technological devices” under the Brown Act include phones, faxes, computer e-mail, public access cable TV and video. Council members should not use e-mail, faxes or phones for communicating with other Council members in order to develop a majority position on any particular issue that may come before the full Council. 12 Second, be aware that e-mails sent by Council members are public records under the Public Records Act. Even though it does not create paper, sending an e-mail is more similar to mailing a letter than placing a telephone call. The information in the e-mail is stored on the computer network until deleted, and may continue to exist on the network’s back-up systems even after being deleted. As a result, e-mails can become records of the City maintained in the course of business, and thus available for public disclosure under the Public Records Act. Finally, please use the city’s e-mail system for the conduct of official business, and not for political reasons. See CHAPTER 4 for a detailed discussion on the prohibition against using city property and funds for personal or political purposes. Meeting Rooms 3.4 An office is available in the City Manager’s Office for shared use by members of the City Council. Larger meeting space can be reserved for use of City Council members by City Manager’s Office staff. The Council office has a computer and telephone for use by members. Mail, Deliveries 3.5 Members of the City Council receive a large volume of mail and other materials from the public, private interests and staff. Staff maintains a mailbox for each member, and members are encouraged to check their boxes when in the office. Meeting agenda materials are generally available the Thursday prior to regularly scheduled Council Meetings. Members are encouraged to return unwanted reports and documents to staff for distribution to the public or for recycling. Interns 3.6 City Council members sometimes use student interns. Student interns can be recruited from a wealth of resources in the Davis community. Some of the resources that offer internships are Davis Senior High School and UC Davis. Student interns are typically unpaid but can receive academic credits through the school they are attending. Coordination of recruiting and hiring a student intern can be done through the City Managers Office. 13 Financial Matters Council Compensation 4.1 State law and the City Municipal Code provide for modest compensation to members of the City Council. Currently, members receive a salary of $669.49 per month. A seated City Council may not increase its own salary. Councils may only pass an ordinance to raise the salary of an incoming City Council. State law limits an increase in City Council salaries to 5% per year. Council members are also eligible for participation in the City’s group insurance benefits including retirement, medical, dental, vision, and life insurance plans available at the level provided to management employees. Expenditure Allowance 4.2 The annual city budget also includes an expenditure allowance for expenses necessary for members to undertake official city business. Eligible expenses include membership in professional associations, attendance at conferences or educational seminars, and the purchase of publications and annual subscriptions. In addition, travel expenses including meals (city policy does not allow reimbursement for alcohol) for Council members and mileage reimbursement are made for city business. Donations to organizations are not eligible nor are meals for individuals other than Council members. The current annual expenditure allowance for each Council member is $2,500. Expenditure Guidelines 4.3 It is very important to note that any expense must be related to city affairs. All expenditures must be for public purposes. An improper expenditure may result in personal liability of the individual Council member. Public property and funds may not be used for any private or personal purpose. Courts have ruled that this prohibition includes personal political purposes. For example, reimbursement could not be allowed to pay for meals at a meeting designed to discuss political or campaign strategies. It would also be generally inappropriate for city funds to pay for a meal or other expenses of a private citizen attending a meeting. City budgetary practices and accounting controls apply to expenditures within the City Council budget. Council members should plan expenditures that will allow them to remain within their annual allocation. When exceptional circumstances require that additional amounts be allocated, the request must be made to the City Manager, and City Council action may be necessary. An account number is established for each Council member. Reimbursement requests should be made through the City Manager’s Office monthly with receipts. A monthly report that describes account balances will be provided to each member. Expenditure records are public information. 14 Special Events 4.4 For rare occasions when the Mayor and/or Council member is designated by the City Council to represent the City at special meetings, reimbursement may be made from an unallocated travel expense account and not charged to that member’s expenditure account. 15 Communications Overview 5.1 Perhaps the most fundamental role of a Council member is communication— communication with the public to assess community opinions and needs—communication with staff to provide policy direction and to gain an understanding of the implications of various policy alternatives. Because the City Council performs as a body (acting based on the will of the majority as opposed to individuals), it is important that general guidelines be understood when speaking for the Council. Equally important, when members are expressing personal views and not those of the Council, the public should be so advised. Correspondence from Council Members 5.2 Members of the City Council will often be called upon to write letters to citizens, businesses or other public agencies. Typically, the Mayor will be charged with transmitting the city’s position on policy matters to outside agencies on behalf of the City Council. Individual members of Council will often prepare letters for constituents in response to inquiries or to provide requested information. City Council letterhead is available for this purpose, and staff can assist in the preparation of such correspondence. On occasion, members may wish to transmit correspondence on an issue upon which the Council has yet to take a position or about an issue for which the Council has no position. In these circumstances, members should clearly indicate within letters that they are not speaking for the City Council as a whole, but for themselves as one member of Council. City letterhead and office support may be utilized in these circumstances. After the City Council has taken a position on an issue, official correspondence should reflect this position. While members who may disagree with a position are free to prepare correspondence on such issues as private citizens, city letterhead, official Council title, and staff support should not be utilized. In addition, city letterhead and staff support cannot be utilized for personal or political purposes. Council members are often asked to prepare letters of recommendation for students and others seeking employment or appointment. It is appropriate for individual Council members to utilize city letterhead and their Council titles for such letters. No review by the full Council is required. Speaking for “the City” 5.3 Similar to written correspondence, when members are requested to speak to groups or are asked the Council’s position on an issue, the response should reflect the position of the Council as a whole. Of course, a member may clarify their vote on a matter by stating “While I voted against X, the City Council voted in support of it.” When representing the 16 City at meetings or other venues, it is important that those in attendance gain an understanding of the City Council’s position rather than that of an individual member. Role of Commission Liaison 5.4 Each member of the Council is assigned to serve in a liaison capacity with one or more city commissions. The purpose of the liaison assignment is to facilitate communication between the City Council and the advisory body. The liaison also helps to increase the Council's familiarity with the membership, programs and issues of the advisory body. In fulfilling their liaison assignment, members may elect to attend commission meetings periodically to observe the activities of the advisory body or simply maintain communication with the commission chair or staff liaison on a regular basis. Members should be sensitive to the fact that they are not participating members of the commission, but are there rather to create a linkage between the City Council and commission. In interacting with commissions, Council members are to reflect the views of the Council as a body. Typically, assignments to commission liaison positions are made at the beginning of the term following certification of the election. The Mayor will request liaison assignments which are desired by each member and will submit recommendations to the full Council which City Council members will represent each commission, committee or board as a liaison. In the rare instance of disagreements, a vote of the Council will be taken to confirm appointments. Local Ballot Measures 5.5 At times measures that affect City Council policy may be placed on the ballot. There are restrictions regarding what actions a City Council or individual members may take on ballot measures. These guidelines appear in the appendix of this manual. State Legislation, Propositions 5.6 The City Council is frequently requested to take action on pending state legislation. The Council has adopted a practice of requiring analysis of bills prior to taking any official position. The analysis is to include a summary of the legislation’s purpose and a listing of those entities both in support of and against the proposed legislation. Proclamations 5.7 Ceremonial proclamations are often requested of the City in recognition of an event or individual. Proclamations are not statements of policy but a manner in which the City can make special recognition of an event (e.g., Recycling Week). As part of his/her ceremonial responsibilities, the Mayor is charged with administration of proclamations. Individual Council members do not issue proclamations. 17 Conflicts & Liability Conflict of Interest 6.1 State laws are in place which attempt to eliminate any action by a Council member which may reflect a conflict of interest. The purpose of such laws and regulations is to ensure that all actions are taken in the public interest. State conflict law is complex; consultation with legal counsel is encouraged. At any time a member believes a potential for conflict of interest exists, he/she is encouraged to consult with the City Attorney or private legal counsel for advice. Staff may also request an opinion from the City Attorney regarding a member’s potential conflict. Laws that regulate conflicts are very complicated. Violations may result in significant penalties including criminal prosecution. While not inclusive, a general summary of conflict rules has been prepared by the City Attorney and appears below. There are laws that govern conflicts of interest for public officials in California - the Political Reform Act, Government Code §1090 and Government Code §87105. In general terms, the Political Reform Act prohibits a public official from having a financial interest in a decision before the official; §1090 prohibits a public official from being interested in government contracts. The Political Reform Act prohibits public officials from making, participating in, or in any way attempting to use their official position to influence a governmental decision in which they know, or have reason to know, that they have a financial interest. Therefore, if a public official has a conflict of interest, the official must disqualify him or herself from acting on or participating in the decision before the City. An official has a financial interest if “it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from the effect on the public generally,. . . ” on a financial interest of the official or a member of the official’s immediate family. Determining whether a Council member has a financial interest is very complicated and fact specific. Often the financial interest involved is real property owned or leased by the Council member. In these cases, determining whether the Council member has a conflict requiring disqualification involves an analysis of the distance the property is from the property involved in the governmental decision, the uniqueness of the property use, what is between the two properties, exactly what decision is before the Council, and other factors that would influence whether the decision before the Council would have a material financial effect on the Council member’s property. 18 Government Code 87105 states that a Council or commission member who has a conflict of interest must now recuse him or herself and leave the room. Effective January 1, 2003, you must take the following steps after you have determined that a conflict of interest exists under the Political reform Act: 1. Publicly identify the financial interest. This must be done in enough detail for the public to understand the financial interest that creates the conflict of interest. Residential street addresses do not have to be disclosed. 2. Recuse yourself from both the discussion and the vote on the matter. You must recuse yourself from all proceedings related to the matter. 3. Leave the room until the matter has been completed. The matter is considered complete when there is no further discussion, vote or any other action. Exception: According to FPPC staff, if the matter is on the consent calendar, you do not have to leave the room. Exception: If you wish to speak during public comment, you may do so, but this is the only time when you may be in the room while the matter is considered. The Fair Political Practices Commission (FPPC) has published lengthy regulations and opinions on conflicts of interest that are useful in determining whether a particular financial interest or decision could give rise to disqualification based on a potential conflict of interest. The FPPC also puts out informational pamphlets to assist public officials in determining what types of situations may give rise to prohibited conflicts of interest. Government Code §1090 is similar to the Political Reform Act, but applies only to City contracts in which a public official has a financial interest. The financial interests covered by §1090 are different from those in the Political Reform Act. Having an interest in a contract may preclude the City from entering into the contract at all. In addition, the penalties for violating §1090 are severe. If a Council member believes that he or she may have any financial interest in a contract that will be before the Council, the member should immediately seek advice from the City Attorney or the member’s personal attorney. There are a number of other restrictions placed on Council actions such as prohibitions on secrecy and discrimination as well as assurance that all city funds are spent for public purposes. Violations of these restrictions may result in personal liability for individual Council members. 19 Guide for Conflicts Related to Real Property Holdings 6.2 To assist members of the City Council in assessing conflicts which may arise due to property holdings, maps have been prepared for each piece of property listed on Statement of Economic Interest, Form 700. This information was prepared to assist in determining whether members may have a conflict when making certain land use decisions. The law requires that a Council member disqualify him/herself in certain situations. Summary of Real Property Conflict of Interest Rules: 1. Real property within 500 feet of the property which is the subject of the decision. Disqualification is required automatically unless the decision will have no financial effect on the official’s real property interest. (2 CCR §18702.3(a)(1).) 2. Real property located between 500 and 2,500 feet of the property which is the subject of the decision. Disqualification is required if the reasonably foreseeable financial effect of the decision on the property in which the official has an interest will be an (a) increase or decrease in the property’s fair market value by $10,000 or more, or (b) increase or decrease in its fair rental value by $1,000 or more over a twelve-month period. (2 CCR §18702.3(a)(2)).i 3. Real property located more than 2,500 feet from the property which is the subject of the decision. Disqualification is only required if: a. There are specific circumstances regarding the decision, its effect, and the nature of the real property in which the official has an interest, which make it reasonably foreseeable that the fair market value or the rental value of the real property in which the official has an interest will be affected by the amount set forth in section 2, above; and b. Either or both of the following apply: (1) The effect will not be substantially the same as the effect upon at least 25% of all the properties which are in a 2,500 foot radius of the real properties in which the official has an interest; or (2) There are not at least ten properties under separate ownerships within a 2,500- foot radius of the property in which the official has an interest. “Reasonable foreseeable financial effect” is determined in light of the following factors: 1. The proximity of the property which is the subject of the decision and the magnitude of the proposed project or change in use in relationship to the property in which the official has an interest; 20 2. Whether it is reasonably foreseeable that the decision will affect the development potential or income-producing potential of the property; 3. In the case of residential property, whether it is reasonably foreseeable that the decision will result in a change in the character of the neighborhood including, but not limited to, impact on traffic, view, privacy, intensity of use, noise levels, air emissions, or similar traits of the neighborhood. (2 CCR §18702.3(d).) Publication of City Attorney Conflict Advice 6.3 The City Council has adopted a practice that advice provided to members of the Council or commissions regarding potential conflicts of interest are to be issued in writing and circulated to all members of the City Council. The rationale for this policy is that the City Attorney is employed by the entire Council and utilizes funds. The findings of the attorney, therefore, should be made public. Members may seek a private attorney to receive advice on potential conflicts. In such cases, no disclosure policy would apply, as the opinion rendered would be paid for by the Council member using his/her own funds. It is critical to note that while the City Attorney can render advice on the interpretation of state laws and regulations on conflict matters, such advice is solely an interpretation of the law. The only authority that can provide binding interpretations on such matters is the state Fair Political Practices Commission (FPPC). Members or the full Council may also solicit opinions on such matters directly from the FPPC; however, such opinions often take time to develop and may not readily respond to urgent matters. Members of the Planning Commission may also wish to seek opinions and advice on potential conflicts of interest. The City Attorney has an affirmative duty to protect the City and City Council from conflicts of interest wherever possible. Conflict of Interest Forms 6.4 As elected officials, under section 87200 of the Government Code council members are required to disclose certain investments, interests in real property, sources of income, gifts, loans and business positions. Officials specified under section 87200 are sometimes informally referred to as “87200 filers.” Annual disclosure statements are also required of commissioners and staff designated in the City of Davis conflict-of- interest code. Council members and the City Manager often serve on the governing board of other agencies (e.g. Air Quality Management District, SACOG, LAFCO, Woodland-Davis Clean Water Agency JPA) as a result of their positions. These agencies require submittal of disclosure forms. Transportation Pass Restriction 6.5 Council members should be aware that acceptance of free passes for public transportation will cause a forfeiture of office under the California Constitution (Art. 12.7) 21 Liability 6.6 The City is a large institution offering a variety of services and may often find itself subject to legal actions through lawsuits. For example, those involved in automobile accidents sometimes choose to take actions against a City since the accident occurred on a city roadway. The City must always approach its responsibilities in a manner which reduces risk to all involved; however, with such a wide variety of high-profile services (e.g., police, fire) risk cannot be eliminated. The city belongs to an agency with other governments in Yolo County to manage insurance and risk activities. It is important to note that violations of certain laws and regulations by individual members of the City Council may result in that member being personally liable for damages which would not be covered by the City’s insurance. Examples may include discrimination, harassment or fraud. Harassment 6.7 State law prohibits, and the City has policies and procedures which prohibit, any form of racial or sexual harassment. Council members should be familiar with the city’s sexual harassment policies. Violations of such policies may find Council members personally exposed through legal action. 22 Interaction with City Staff/Officials Overview 7.1 City Council policy is implemented through professional staff. Therefore, it is critical that the relationship between Council and staff be well understood by all parties so policies and programs may be implemented successfully. The City of Davis has a long tradition of positive relationships between members of the City Council and staff. To maintain these effective relationships it is important that roles are clearly recognized. Council-Manager Form of Government 7.2 Like most cities, Davis has adopted a City Council-City Manager form of government. Basically, this structure reflects that it is the City Council’s role to establish City policy and priorities. The Council appoints a City Manager to implement this policy and undertake the administration of the organization. The City Council is to work through the City Manager in dealing with city staff. Indeed, the Municipal Code requires Council members to work through the City Manager unless simply requesting information from Department Heads or other staff members. The Council-Manager form of government became popular nationally at the turn of the century as part of a government reform movement and in response to the impact of big city “bosses” and corresponding corruption. The model has matured in that city management is now considered a profession with many managers having graduate degrees in public administration and devoting careers to work with cities. The City Manager is appointed by the City Council to enforce its laws, to direct the daily operations of city government, to prepare and monitor the municipal budget, and to implement the policies and programs initiated by the City Council. The City Manager is responsible to the City Council rather than to individual Council members, and directs and coordinates the various departments. Council/Manager Relationship 7.3 The employment relationship between the City Council and City Manager honors the fact that the City Manager is the chief executive officer of the city. Council and the City Manager are a participatory team and the City Council should avoid situations that can result in city staff being directed, intentionally or unintentionally, by one or more members of the City Council. Regular communication between the City Council and City Manager is important in maintaining open communications. All dealings with the City Manager, whether in public or private, should respect the authority of the City Manager in administrative matters. Disagreements should be expressed in policy terms, rather than in terms which question satisfaction with or support of the City Manager. 23 The City Council is to evaluate the City Manager on a regular basis to ensure that both the City Council and City Manager are in agreement about performance and goals based on mutual trust and common objectives. Davis City Councils have utilized the following areas of performance when evaluating the City Manager: leadership, judgment and problem solving, communications, interpersonal/community relations, and ability to accomplish goals and objectives. As in any professional relationship, it is important that the City Manager keep the City Council informed. The City Manager respects and is sensitive to the political responsibility of the City Council and acknowledges that the final responsibility for establishing the policy direction of the city is held by the City Council. The City Manager communicates with City Council in various ways. In addition to the formal Council meetings, there is a formalized approach by holding weekly briefing meetings with individual Council members (so-called “1x1” meetings) and through. Communication must be undertaken in such a way that all Council members are treated similarly and kept equally informed. It is equally important that the Council provide ongoing feedback, information and perceptions to the City Manager including some response to written communication requesting feedback. City Manager Code of Ethics 7.4 The City Manager is subject to a professional code of ethics from his/her professional association. These standards appear in the appendix of this manual. It should be noted that this code binds the City Manager to certain practices that are designed to ensure actions are in support of the City’s best interests. Violations of such standards can result in censure by the professional association. City Council/City Attorney Relationship 7.5 The City Attorney is the legal advisor for the Council, City Manager and department heads. The general legal responsibilities of the City Attorney are to: 1) provide legal assistance necessary for formulation and implementation of legislative policies and projects; 2) represent the City's interest, as determined by the City Council, in litigation, administrative hearings, negotiations and similar proceedings; 3) prepare ordinances, resolutions, contracts and other legal documents to best reflect and implement the purposes for which they are prepared; and 4) to keep City Council and staff apprised of court rulings and legislation affecting the legal interest of the city. It is important to note that the City Attorney does not represent individual members of Council, but the City Council as a whole. Roles and Information Flow 7.6 Objectives: It is the intent of staff to ensure Council members free access to information from the City and to insure that such information is communicated completely and with candor to those making the request. To carry out this responsibility, however, Council members must avoid intrusion into those areas that are the responsibility of staff. Individual Council members may not intervene in staff decision-making, the development of staff recommendations, scheduling of work, and executing department priorities without the prior knowledge and approval of the City Council as a whole. This 24 is necessary to protect staff from undue influence and pressure from individual Council members, and to allow staff to execute priorities given by management and the Council as a whole without fear of reprisal. Staff is to make recommendations based on judgment and standards as professionals in their field. The City Council ultimately makes the policy decisions based on a broad array of factors. Council roles: The full City Council retains power to accept, reject, amend, influence, or otherwise guide and direct staff actions, decisions, recommendations, work loads and schedules, departmental priorities, and the performance of City business. Individual members of the City Council should not make attempts to pressure or influence staff decisions, recommendations, workloads, schedules, and department priorities without the prior knowledge and approval of the Council as a whole. If a Council member wishes to influence the actions, decisions, recommendations, workloads, work schedule, and priorities of staff, that member must prevail upon the Council to do so as a matter of Council policy. Should a Council member become dissatisfied about a department, he/she should always talk it over with the City Manager, not the Department Head. Concerns about the Department Head must be taken to the City Manager only. Individuals are responsible to initiate resolution of problems as soon as possible and not let them fester. Access to Information: Individual Council members and the Council as a whole are permitted complete freedom of access to any information requested of staff and shall receive the full cooperation and candor of staff in being provided with any requested information. Appropriate personnel will pass critical information to all City Council members. Council will always be informed by City Manager or appropriate staff when a critical or unusual event occurs about which the public would be concerned. There are limited restrictions when information cannot be provided. Draft documents (e.g., staff reports in progress, administrative draft EIRs) are under review and not available for release until complete and after review by city management. In addition, there are legal restrictions on the City’s ability to release certain personnel information even to members of the City Council. Certain aspects of Police Department affairs (access to restricted or confidential information related to crimes) may not be available to members of the Council. City Council members have a responsibility in this information flow as well. It is critical that they make extensive use of staff and commission reports and commission minutes. Council members should come to meetings prepared – having read planning item documents as well as any additional information or memoranda that includes an update on major projects or evolving issues. Additional information may be requested from staff, if necessary. Staff roles: The Council recognizes the primary functions of staff as executing Council policy and actions taken by the Council and in keeping the Council informed. Staff is obligated to take guidance and direction only from the Council as a whole or from the appropriate management supervisors. Staff is directed to reject any attempts by individual members of the Council to 25 unduly direct or otherwise pressure them into making, changing or otherwise influencing recommendations. City staff will make every effort to respond in a timely and professional manner to all requests made by individual Council members for information or assistance, provided that, in the judgment of the City Manager, the request is not of a magnitude, either in terms of workload or policy, which would require that it would be more appropriately assigned to staff through the direction of the full City Council. If a request by an individual council member is determined by the City Manager to take one hour or more of staff time to complete, that request will be included as a request submitted by Council on the formal Council agenda for full Council discussion. Dissemination of Information 7.7 In cases where a staff response to an individual Council member request involves written materials which may be of interest to other Council members, the City Manager will provide copies of the material to all other Council members. In making this judgment, the City Manager will consider whether the information is significant, new, otherwise not available to the Council, or of interest to the Council. Magnitude of Information Request 7.8 Any information, service-related needs, or policy positions perceived as necessary by individual Council members that cannot be fulfilled based on the above guidelines should be raised by the individual Council member under the "communications" portion of a regularly scheduled City Council meeting. If so directed by action of the Council, staff will proceed to complete the work within a Council-established timeline. Staff Relationship with Advisory Bodies 7.9 Staff support and assistance may be provided to commissions and task forces, but advisory bodies do not have supervisory authority over city employees. While staff may work closely with advisory bodies, staff members remain responsible to their immediate supervisors and ultimately the City Manager and City Council. The members of the commission/board/committee are responsible for the functions of the advisory body, and the chairperson is responsible for committee compliance with the policies outlined in the Commission Handbook. Staff support includes preparation of a summary agenda after approval by the chairperson, and preparation of reports providing a brief background of the issue, a list of alternatives, recommendations, and appropriate backup materials, if necessary. Advisory body members should have sufficient information to reach decisions based upon a clear explanation of the issues. The assigned staff person serves as secretary, taking minutes as needed. It is important that advisory bodies wishing to communicate recommendations to the City Council do so through adopted or approved Council agenda procedures. In addition, when a commission wishes to correspond with an outside agency, correspondence should be reviewed 26 and approved by the City Council. Individuals who would like a commission to review a particular issue must also gain approval for such a request from the full City Council. Staff members are to assist the advisory body chair to ensure appropriate compliance with state and local laws and regulations. Council Relationship with Advisory Bodies 7.10 The City Council has determined that Council members should not lobby commissioners for particular votes. However, Council members may request that commissioners consider certain issues during their deliberations. Restrictions on Political Involvement by Staff 7.11 Local governments are non-partisan entities. Professional staff, as reflected within the principles of Council-Manager form of government, formulate recommendations in compliance with Council policy and for the good of the community and is not influenced by political factors. For this reason, it is very important to understand the restrictions of staff in any level of political involvement through campaigns, fund-raisers, or other means. By working for the City, staff members do not surrender rights to be involved in local elections. Indeed, laws are in place to preserve those rights. However, there are limitations to such involvement. Different restrictions apply to management and to general employees. General employees have no restrictions while off the job. No participation in campaigns or other activities may take place while on the job. No City resources may be used by staff in support of any campaign. Even while off the job, no employee may participate in campaign or other activities while in a City uniform. For example, posing for a promotional photograph for a candidate for local office while in uniform is inappropriate. The support of the City Council in these matters is requested. A Council member asking staff to sign petitions or similar items can create an awkward situation. For management staff, the City Manager strongly discourages any involvement in a local campaign even while on personal time. Such involvement erodes the tenet that staff is to provide an equal level of service to all members of the City Council. The City Manager specifically prohibits any political involvement in local campaigns by department heads. 27 City Council Meetings Meeting Schedule 8.1 Regular meetings are held in the Community Chambers, 23 Russell Boulevard. Meeting times and dates are established annually by resolution of the City Council. The public sessions of meetings begin at 6:30 p.m. with closed sessions generally being convened earlier, as needed, or at the end of the meeting at the conclusion of public business. No Council meeting will be held in the event that a regular meeting of the Council falls on a legal holiday or the day prior to a holiday. Council members should inform staff as soon as possible if they intend to be out of town on a set meeting date. Special Meetings 8.2 Special meetings may be called by the Mayor or by three members of the City Council. Written notice must be given to the City Council and to the media 24 hours prior to a special meeting (Cal Govt Code §54956). No business other than that announced may be discussed. Placing Items on Agenda 8.3 City Council: A Council member may request an item be considered on a future agenda and, upon consensus of a majority of Council, staff will prepare a staff report if formal Council action is required. Council members may make this request during the “City Council, City Manager and City Attorney Brief Communications” portion of a meeting. Exception: A Council member may place an item on the agenda under “Items Submitted by Council Members.” These items would not require any prior staff involvement. Members of the public: A member of the public may request an item be placed on a future agenda during public comment or through other communication with Council members. Upon consensus of a majority of Council, the item will be agendized and a staff report will be prepared and approved by the City Manager, or his/her designee. Emergency and Non-Agendized items: Emergency and non-agendized items may be added to an agenda only in accordance with state law. Emergency items are only those matters affecting public health or safety such as work stoppages, disasters and other severe emergencies. Adding an emergency item requires a majority vote. Emergency items are very rare. More likely, after the agenda is posted an item arises that the Council would like to act on. Non-agendized items may be added to the agenda only if the Council makes findings that (1) the need to consider the item arose after the posting of the agenda and; (2) there is a need to take immediate action at this meeting of the City Council. These findings must be approved by a 4/5th vote; if less than four members of Council are present, the findings require a unanimous vote of those present. 28 Tips on the Dais 8.4 Televised meetings: As part of its franchise agreement with the City of Davis, Comcast Cable provides the City with a channel on the local cable television system as a means for providing municipal information to the citizens of Davis. The Community Chambers is equipped with a public address system. The system provides microphones at the dais, staff table, and podium. There are several issues related to the sound system which are important to keep in mind: Turn the microphone on when you want to talk, and speak directly into the microphone. Turn the microphone off when you are through talking, during recesses, and after the meeting. Never say things near a microphone you do not want heard. Have all speakers come forward to the podium. Do not allow people to speak from the audience as they cannot be heard by those viewing on television. Certain colors of clothing present difficulties to the television system, and thus can be distracting to viewers at home. White causes glare and makes the picture around it appear dark, causing loss of detail. Bright red and orange reproduce poorly on television and can also cause glare problems. Clothing with fine patterns, such as stripes and grids, can cause a rainbow effect in the picture that is extremely distracting. Shiny objects that reflect light should be avoided. Good colors for television include blues, greens, browns, grays, and most pastels. Alarm system: The dais is equipped with an alarm system. Buttons are located under the dais between sets of microphone switches. Members should become familiar with the locations of these alarm buttons. In an emergency or threat to personal safety, pushing the button activates an alarm directly in the dispatch center of the Police Department. Police officers will be dispatched to the Community Chambers if these buttons are activated. Order of Business 8.5 The City Council establishes the general order of meetings through the adoption of a resolution. This section summarizes each meeting component. 1. Closed sessions (closed to the public): The ability of a City Council to conduct sessions not open to the public is restricted by state law to ensure open proceedings. Certain defined circumstances exist wherein a City Council may meet without the public in attendance. Such circumstances include: Real Property. The purchase, sale, exchange or lease of real property with the City’s negotiator; the real property and the person(s) with whom the city may negotiate must be announced in open session prior to the closed session (Cal Govt Code 54956.8). Litigation pending or a significant exposure to litigation, or the decision to initiate litigation. The litigation or title must be identified in open session prior to the closed session unless the 29 Council states that to do so would jeopardize its ability to conclude existing settlement negotiations or effectuate service of process. (Cal Govt Code 54956.9) Compensation (salaries and benefits) of employees. Council meets in closed session to review its position and instruct designated representatives (Cal Govt Code §54957.6). Personnel. A closed session is held to discuss the appointment, employment, evaluation of performance, or dismissal of a public employee, or to hear complaint against the employee unless the employee requests a public hearing (Cal Govt Code §54957.6). It is critical to stress that there shall be no violation of closed session confidential information. Members of the Council, employees of the City, or anyone else present shall not disclose to any person, including effected/opposing parties, the press, or anyone else, the content or substance of any discussion which takes place in a closed session without Council direction and concurrence. Whenever possible, written reports received for closed session items will be turned in at the end of the meeting. Typically, closed sessions will be scheduled prior to the public portions of the meeting or at the end of the meeting after public business has been concluded. This is done so public portions of the meeting are not interrupted by closed sessions. In addition, such sessions may require the attendance of special legal counsel and consultants. In an attempt to manage the costs of these professionals, it is beneficial to conduct closed sessions at a time certain. 2. Ceremonial Presentations: This is the time when proclamations and/or certificates of appreciation would be done. Proclamations may also be done on the consent calendar. 3. City Council, City Manager, City Attorney, Communications: Provides members of the Council an opportunity to provide brief announcements, questions to be referred to staff and reports on meetings with other agencies. State law provides that Council can take action only on such matters which have been noticed at least 72 hours in advance of the meeting unless special circumstances are found to exist (as mentioned above). Formal action or approval on non-agendized items is not allowed, and such items should be placed on the agenda of the next regular meeting. 4. Public Comments: A block of 30 minutes time shall be set aside to receive general public comment about issues not on the agenda. Comments on agendized items should be held until the appropriate item is called. Individuals desiring to speak are to address the Council from the speaker podium after giving their name. Comments should focus on a specific matter within the Council’s jurisdiction with reasons for the position taken. Comments may be limited so that all have an opportunity to address the Council. As a general rule, video testimony will not be accepted by the City Council. 30 Groups or applicant representatives desiring to speak shall address the Council from the speaker podium after giving the name of the group, its purpose if necessary, and the representative’s name. 5. Consent Calendar: Those items on the Council agenda which are considered to be of a routine and non-controversial nature by the City Manager are placed on the “Consent Calendar.” These items shall be approved, adopted, accepted, etc., by one motion of the Council. For example, final reading and adoption of ordinances, various resolutions approving agreements, minor budgetary items, status reports, and routine City operations. Council members may request that any item listed under “Consent Calendar” be removed from the Consent Calendar, and Council will then take action separately on this item. Identification of items to be removed occurs just prior to taking action on the consent calendar item. A member of the public may request than an item listed under “Consent Calendar” be removed and Council action taken separately on the item; however, the City Council must concur with such a request. Items which are removed (“pulled”) by members of the Council for discussion will typically be heard after other Consent Calendar items are approved unless the majority of Council chooses an earlier or later time. Minor questions: A Council member may ask questions on any item on the consent calendar. When a Council member has a minor question for clarification concerning a consent item which will not involve extended discussion, the item may be pulled for clarification and the questions will be addressed along with the rest of the Consent Calendar. Council members are encouraged to seek clarifications prior to the meeting, if possible. Council members should contact the City Manager’s office prior to 12:00 noon on the day of a Council meeting day to provide notification of items to be removed from the Consent Calendar. This practice allows the City Manager to notify staff who must be present to respond to removed items. Equally important, it also allows the Manager to inform staff who do not need to be present at the meeting. “No” vote: When a Council member wishes to pull an item simply to register a dissenting vote, the Council member shall inform the presiding officer that they wish to register a dissenting vote without discussion. These items will be handled along with the rest of the Consent Calendar, and the City Clerk will register a “no” vote in the minutes. Approval/Correction of Minutes: Minutes of the City Council meetings are “Action Based” minutes, wherein little narrative is included, and only motions and votes are shown in the record. Such minutes shall be submitted to the Council for approval at a subsequent regular meeting. It is the policy of the City Council that only members of the Council and the City Clerk have the authority to make revisions to the minutes subject to a majority vote of the City Council. Council members having only typographical corrections to minutes are encouraged to provide such corrections to the City Clerk directly and need not wait to submit such corrections at a meeting. As a time saving measure, even full correction items should be written ahead and passed to the City Clerk before the meeting. 31 6. Regular Calendar: Regular items may be taken out of order, but as a general rule, public hearings should be scheduled as the initial regular agenda item(s). Public hearings shall be opened by the presiding officer, followed by staff’s brief presentation of staff report and any appropriate applicant comments. Council will then hear public comment, following which the public hearing is closed. After public hearings are closed, no member of the public shall be permitted to address the Council or the staff from the audience. 7. Long Range Calendar: At this time, Council may request items be placed on a future meeting agenda. General Procedures 8.6 City Council uses “Rosenberg’s Rules of Order, Simple Parliamentary Procedures for the 21st Century” as the parliamentary ground rules for meetings. The adoption of these rules was undertaken to simplify and improve procedures. A copy of Rosenberg’s Rules appears in the appendix of this manual. Exception to Rosenberg’s Rules of Order: On December 18, 2007, the City Council established a policy in which an attempt to honor the request of the Chair to have a round of discussion before the motions when the Chair deems it to be appropriate was approved. Presiding Officer: The Mayor is the Presiding Officer and acts as Chair at Council meetings. In the absence or incapacity of the Mayor, the Mayor Pro Tempore serves as presiding officer. Seating arrangement of the Council: The Mayor Pro Tempore is seated immediately next to the Mayor. The Mayor, with the approval of individual Council members, shall establish other seating arrangements for regular Council meetings. Signing of City Documents: The Mayor, unless unavailable, shall signs all ordinances, resolutions, contracts and other documents which have been adopted by the City Council and require an official signature; except when the City Manager has been authorized by Council action to sign documents. In the event the Mayor is unavailable, the Mayor Pro Tempore’s signature may be used. Quorum: Three-fifths of the Council members constitute a quorum for the transaction of business. Discussion Rules 8.7 To assist the City Council in the development of a structure for orderly discussion of items, rules have been prepared which represent accepted practices for the management of Council meetings. 32 1. Obtaining the floor: A member of the City Council or staff shall first address the Mayor and gain recognition. Comments and questions should be limited to the issue before the Council. Cross-exchange between Council members and public should be avoided. 2. Questions to staff: A Council member shall, after recognition by the Mayor, address questions to the department head or designated staff member. If a Council member has questions on an agenda item, that member should contact staff prior to the meeting in order to allow staff time to research a response/answer for the meeting. 3. Interruptions: a. Once recognized, a Council member is considered to have the floor, and another Council member may not interrupt the speaker except to make a point of order or point of personal privilege. In such a circumstance, the Council member holding the floor shall cease speaking until the point of order or privilege is resolved. b. Upon being recognized by the Mayor, members of the staff shall hold the floor until completion of their remarks or until recognition is withdrawn by the Mayor. 4. Discussion limit: A Council member should not speak more than once on a particular subject until every other Council member has had the opportunity to speak. Council members are encouraged to discuss items during the decision-making process and may ask staff to respond when appropriate. The Mayor should allow other members to speak first and then give his/her views and summarize. 5. Tabling procedure: Tabling an item immediately stops discussion and causes a vote to postpone a matter indefinitely or to a time and date certain. 6. Right of protest: A Council member is never required to state reasons for a dissenting vote. 7. Calling for the question: The purpose of calling for the question is to disallow further debate and put an issue to an immediate vote. A Council member may move to “call for the question” on an item which is being considered. The motion requires a second, is not debatable, and must pass by a four-fifths vote. If the motion carries, the item is no longer debatable, and the City Council must vote on it. 8. Conducting business at a late hour. After 11:30 p.m. a four-fifths vote of the City Council is required to begin consideration of a new item of business. Other Protocol 8.8 The City Council has recognized the importance of approaching the public’s business in an environment of personal respect and courtesy which places emphasis on the consideration of policy and avoids personalization of comments. The following Council 33 meeting ground rules were adopted by the Council on February 8, 2005 and amended on December 18, 2007. The Davis City Council will use the California League of Cities publication, “Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century” as a reference and will generally follow the guidelines in that publication for the conduct of its meetings. These rules of order are meant to create an atmosphere where the members of the body and the members of the public can attend to business efficiently, fairly, and with full participation. Highlights of these Rules of Order are: 1. It is the responsibility of all five Council members to maintain common courtesy and decorum, participate responsibly within these guidelines and to assure the successful conduct of each meeting. Each Council member should treat each other with respect and dignity, even when disagreements arise. The presiding officer may limit time for discussion in the interest of time. The presiding officer has the right to cut off conversation that is too personal, too loud, or too crude. 2. Each Council member should prepare for the meeting in advance and should pay attention to process during the meeting. 3. The presiding officer is responsible for preparing the agenda and order of the meeting, conducting the meeting and maintaining order. The presiding officer’s rulings on the sequence and conduct of the meeting, points of order, and process of discussion will prevail, unless challenged and overturned by a vote of the majority of the Council following appeal of a ruling of the presiding officer. 4. In most instances, the Presiding Officer shall make every attempt to call on others first and speak last. The presiding office has all rights of any member to participate in the deliberations. 5. Any Council member may raise a point of order (refer to Rosenberg’s Rules of Order). When a point of order is raised it will receive the attention of the presiding officer who will interrupt the proceedings and make a ruling on the point of order. 6. For consideration of individual agenda items, the Presiding Officer will follow the “Basic Format for an Agenda Item Discussion” described on pages 1-2 of “Rosenberg’s Rules of Order” and guide the Council through the process below: Announce the item and describe the format for presentation, discussion and action. Call on City Manager or appropriate staff first to introduce topic and explain how it fits within the body of work, goals and other contexts. Listen to staff presentation. Ask questions for technical clarification. If a Councilmember does not have questions, that person should pass. The Council will have opportunity for motions and discussion after public comment. Request and listen to public comment. 34 The Presiding Officer shall request a motion and a second. The presiding officer will restate the motion to be sure it is understood by all members. Discuss issue/motion among Council members. The person who made the motion shall give first comment. The Presiding Officer shall make every attempt to call on others first and speak last. Restate and clarify the motion. Announce the maker of the motion and the member who provided the second. Vote on the motion. The presiding office will clearly and specifically ask for yes votes and no votes. The presiding officer will announce the vote. Repeat as necessary. (Amended on 12/18/07 as follows: establish a policy in which an attempt to honor the request of the chair to have a round of discussion before the motions when the chair deems it to be appropriate.) 7. Individual members of the Council will prepare for the discussion in advance and ask questions of staff or others prior to the meeting whenever possible. Council members may ask questions at the meeting that might be helpful for the public to hear. 8. Council members should actively pay attention when others are talking. Council members should be aware that side conversations, note writing and nonverbal expressions made by Council members can be distracting to the meeting. Be aware that other Council members, staff and the public in attendance can hear and see these actions. 9. Speakers should ask the presiding officer to be recognized prior to speaking. It is always best for one person at a time to have the floor. 10. Any concerns with staff should be handled through the City Manager outside of the regular meeting. 11. In order to be most effective, Council members should craft their motions in advance for clarity. Write a motion down, if necessary. 12. Remember that, ultimately, the Council, staff and community are on the same team, striving to make Davis a better place to live, work and play. Other guidelines have also been adopted to ensure meetings of the Council emphasize the importance of the business being conducted in a professional manner. Council members and staff shall: 1. Work to preserve appropriate order and decorum during all meetings and not blind- side each other in public. 2. Inform the Mayor when departing from a meeting. 35 3. Limit disruptive behavior. Persons demonstrating rude, boisterous, or profane behavior will be called to order by the Mayor. If such conduct continues, the Mayor may call a recess, request the removal of such person(s) from the Community Chambers, adjourn the meeting, or take such other appropriate action as permitted by the Brown Act. The Council has adopted a policy to discourage applause, booing or other similar behaviors from the public during meetings. 4. Recognize that only the City Council, staff, advisory body chairs or designated representatives, and those authorized by the presiding officer shall be permitted to sit at the Council or staff tables. 5. Limit breaks of the City Council to 5-10 minutes. The Council has authorized the Mayor to resume the meeting if a quorum exists and other members have not returned from break within this time period. 6. Impose time limits on speakers. While the City Council encourages and embraces the need for, and right of, public participation, it acknowledges that public comments must, at times, be limited. Therefore, the City Council authorizes the Mayor, as presiding officer, to poll the audience for an indication of the number of people wishing to speak, and impose time limits of up to three minutes per speaker when necessary due to the volume of business. After the time limit, Council may ask questions of the speaker for clarification, if needed. Speakers will be thanked for their participation. Enforcement of Order: Any Council member may request the presiding officer to enforce the rules of protocol. Upon motion and majority vote, the presiding officer shall be required to do so. Voting Procedures 8.9 When present, all Council members are to vote. Failure of a seated member to orally express a vote constitutes an affirmative vote. No ordinance, resolution or motion shall be passed or become effective without an affirmative vote. A conflict of interest shall be declared whenever appropriate and in compliance with state law. The affected Council member will recuse themselves, step down from the dais, and leave the room. General consensus may be declared at the discretion of the presiding officer, if there are no negative votes or objections by Council members. Upon the request of any Council member, a roll call vote will be taken and recorded. Tie vote: A tie vote is equivalent to a vote which has failed. The presiding officer may publicly explain the effect of the tie vote for the audience or may direct a member of the staff to do so. 36 Courtesy vote: At times, a member will be absent from a meeting. Issues will arise that would pass if that member were present. Another Council member who is present, yet planning to vote against an item, may sometimes alter their vote to an affirmative vote in recognition that the measure would have passed if the absent member were in attendance. Motions: There are a number of types of motions, each of which must meet certain requirements before a vote can be taken. A reference guide to motions is provided in chart form in the Appendix of this manual. Reconsideration: Reconsideration of an item shall be allowed in accordance with the following Council guidelines. Resubmittal of issues previously acted upon is discouraged; however, requests will be considered by a majority vote of the Council. A motion for reconsideration must be made by a member of the prevailing majority when the previous vote was taken. The Davis City Council has determined that any motion for reconsideration should be made within two meetings of the previous action. No motion for reconsideration will be entertained after this deadline unless the City Council determines significant new information has arisen which warrants such action. If a member is absent from a meeting(s), a motion for reconsideration may be entertained on the first meeting of his/her return. Notification and Advertising 8.10 The City attempts to publicize matters of significant neighborhood or community public interest that appear on a City Council or Planning Commission agenda, as well as all matters where advertising is required by law. Advertisements are to include location maps, project descriptions and, in some instances posting of property, if required, written in plain English in order to fully inform all interested individuals. All advertising is to be accomplished in an economical manner. All affidavits of publication shall be reviewed by the City Clerk and will be available to interested members of the public. Development of Agenda 8.11 A long-range calendar that reflects an estimate of when items will be scheduled appears on every City Council agenda. Staff is required to submit reports for a Tuesday Council meeting to the City Clerk by 5:00 p.m. on Thursday twelve days prior to the meeting. A copy of the draft agenda is reviewed with the City Manager prior to the agenda being finalized. Department Heads and the City Manager review and change, as appropriate, items listed on the long range calendar at a standing meeting held Tuesdays at 10:00 a.m. Agenda packets are typically distributed on Thursdays, however, this may vary depending upon frequency of meetings, holidays, etc. Given this agenda development schedule, it is extremely difficult when Council requests at a Tuesday meeting that a report be prepared for consideration the following week. It will usually require at least 1-2 weeks for the preparation of a report requested by the City Council. Complex reports, of course, will require more time to prepare, and an estimated time of completion can be provided to the City Council. 37 Open Meeting Laws (“The Brown Act”) 8.12 Operations and procedures of the city and City Council incorporate requirements of the state’s open meeting law (commonly referred to as the Brown Act for former state legislator Ralph M. Brown). Because this law is such an important part of local government operations, some specific requirements of the law are highlighted below for your information and future reference. Applicability and Penalties: The entire City organization conducts its business in compliance with the Ralph M. Brown Act, State Government Code Section 54950. The intent of the Act is to ensure that deliberation and actions of local public agencies are conducted in open and at public meetings. The law provides for misdemeanor penalties for members of a body who violate the Act (Cal Govt Code §54959). In addition, violations are subject to civil action (Cal Govt Code §54960). A current copy of the Act will be provided to all Council members when assuming office. The provisions that most directly affect the Council are summarized in this chapter. Applicability: The Act applies to Council and all commissions, boards and task forces that advise Council. Staff cannot promote actions which would violate the Act. Meetings: All meetings shall be open and public. A City Council meeting takes place whenever a quorum (3 or more members) is present and information about the business of the body is received; discussions qualify as a meeting. Social functions (e.g., receptions, dinners) do not fall under the Act unless city business is discussed. Serial meetings take place when any member of Council or City staff contact more than two Council members for the purpose of deliberating or acting upon an item pending before the City Council (does not apply to the public or media). Correspondence that merely takes a position on an issue is acceptable. It should be noted that the Brown Act applies to City Council members immediately after their election and prior to their swearing-in ceremony. Agendas: Agendas for regular meetings must be posted 72 hours in advance of the meeting and must meet various requirements. Actions: No action can be taken on any item not appearing on the posted agenda. Exceptions: 1) An emergency situation exists (determined by a majority of the Council). 2) The need to take action arose subsequent to the agenda being posted and there is a need for immediate action (determined by 2/3 vote of the Council; or if less than 2/3 are present, by unanimous vote). 3) The item was continued to another meeting that was scheduled and posted within 5 days of the original agenda. Public Input: The public, by law, has an opportunity to address the Council on any item of interest to the public that is within the jurisdiction of the Council, at the time the matter is heard. The Mayor has the right to establish a time limit on speakers and the total time allocated for a 38 particular issue. Two to three minutes per speaker have been standard, but in extreme cases, shorter or longer time periods may be enacted. Public Disruptions: A portion or all of the public may be removed if willful disruption makes conducting the meeting "unfeasible"; the press may remain unless they participate in the disruption. Correspondence: All writings distributed for discussion or consideration at a public meeting are public records. Special Meetings: Special meetings may be called by the Mayor or a majority of the Council with strict notification requirements for delivery to the media and Council 24 hours before the time of the meeting. Emergency Meetings: Emergency meetings may be called without notification due to the disruption or threatened disruption of public facilities. Only work stoppages or crippling disasters that impair the public health and/or safety qualify for emergency meetings. Other Provisions: The Act provides many other restrictions and requirements; this chapter is intended merely as a Council summary and overview of the Act, and nothing in this Chapter supersedes the provisions of the Brown Act. Please check with the City Attorney and/or the City Clerk for more information. 39 Additional Training & Resource Materials League of California Cities 9.1 The League is an association of all cities in California. It provides many levels of service including the production of educational conferences for local officials, publication of various newsletters and a monthly magazine Western City. The League also has lobbyists on staff to represent the interest of cities before the state legislature and federal government. Committees having local officials as members are also organized around the interests of city departments (e.g. City Council, City Manager, City Clerk, Fire, Police, Community Services, Community Development) to address issues as they arise. League website: www.cacities.org. The League of California Cities has established the Mayors and Council Members Academy (MCA) to provide an effective and easy way to gain the knowledge, skills and abilities needed to serve the public. . International City Management Association (ICMA) 9.2 ICMA is a local government leadership and management organization. Its mission is to create excellence in local governance by advocating and developing the professional management of local governments worldwide. In addition to supporting members, ICMA provides publications, data, information, technical assistance, and training and professional development to cities, towns and county experts. ICMA website: www.icma.org. Local Government Commission (LGC) 9.3 LGC is a nonprofit, nonpartisan, membership organization that provides inspiration, technical assistance, and networking to local elected officials and other dedicated community leaders who are working to create healthy, walkable, and resource-efficient communities. LGC website: www.lgc.org. Appendix 9.4 Several items of reference material are provided in the appendix of this manual. Materials include: Appendix A – Reference Guide to Motions Appendix B – ICMA Code of Ethics Appendix C – Report on City Particpation in Ballot Measure Campaigns Appendix D – Map of City Council Member Properties 40 Appendix E – Rosenburgs Rules of Order: Simple Palimentary Procedures for the 21st Century Other Reference Material 9.5 Other reference material of interest includes: City of Davis Municipal Code http://qcode.us/codes/davis/ California Government Codes http://www.leginfo.ca.gov/calaw.html Open & Public IV: A Guide to the Ralph M. Brown Act http://www.cacities.org/UploadedFiles/LeagueInternet/0d/0dd433d2-29c5-410c-af4f- 418e247e7af3.pdf The People’s Business: A Guide to the California Public Records Act http://www.cacities.org/UploadedFiles/LeagueInternet/62/62f84af4-13c5-4667-8a29- 261907aea6d6.pdf The People’s Business: August 2011 Supplement http://www.cacities.org/UploadedFiles/LeagueInternet/ca/ca82d2df-0fbe-49a7-93ac- e4051fdce425.pdf California Local Government Finance Almanac http://www.californiacityfinance.com/ California Municipal Law Resources http://www.cityattorney.us/ 41 Leaving Office Return of Materials, Equipment 10.1 During their service on the City Council, members may have acquired or been provided with equipment such as telephone answering machines, fax machines, computers or other items entailing a significant expense. These items are to be returned to the City at the conclusion of a member’s term. Lobbying Restrictions 10.2 The City Council has adopted an ordinance which restricts lobbying by former Council members and some former senior staff members for a period of one year after leaving office. The following policy has been established to maintain an environment wherein every person has the opportunity to address the City's legislative bodies and have his/her opinion heard and considered (Ord. No. 1835). No former City official, for one year after leaving office or one year after termination of his/her employment with the city, shall, for compensation, act as agent or attorney for any other person by making any formal or informal appearance before the City Council or Planning Commission if the purpose of the appearance or communication is to influence legislative or administrative action by the City. Exemptions - The following activities are not subject to the prohibition: 1) Appearance or communications by a former City official for the sole purpose of representing himself/herself or members of his/her immediate family in connection with any matter pending before the City; 2) If a City official becomes an officer or employee of another public agency, appearance or communication made on behalf of that other public agency in connection with matters pending before the City. Filling Council Vacancies 10.3 Generally, if a vacancy occurs on the City Council during a member’s term (e.g., resignation) the Council may appoint an individual to serve the remaining term or call for a special election. 42 Appendix A. Reference Guide to Motions B. ICMA Code of Ethics C. Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century D. Report on City Participation in Ballot Measure Campaigns E. Mass Mailing at Public Expense F. Public Agency Campaign Mailers Fact Sheet Reference Guide to Motions Type of Motion Second Required Debatable Amendable Priority Over Pending Motion Recon- sidered Interrupt Speaker Adjourn (sine die) Y n/a n/a Y n/a n/a Amend or Substitute1 Y Y Y Y Y n/a Appeal Y Y n/a n/a Y Y Call the Question7 Y n/a n/a Y n/a n/a Take up New Business Past 11:30 p.m.8 Y Y n/a Y n/a n/a Limit Debate Y n/a Y Y Except “table” Y n/a Main Motion Y Y Y n/a Y n/a Nominations n/a Y n/a n/a n/a n/a Personal Privilege or Point of Order n/a n/a n/a Y Y Y Postpone to Time Certain Y Y Y Y Y n/a Previous Question Y n/a n/a Y Y n/a Recess or Adjourn to Time Certain Y Y Y n/a n/a n/a Reconsider Y2 Y3 n/a n/a n/a 4 Table or Take From Table Y n/a n/a Y5 n/a n/a Take Up Out of Order Y n/a n/a n/a n/a n/a Withdraw a Motion6 n/a n/a n/a Y Y Y “Y” indicates that this action can be taken, is necessary, is required, is permitted or is applicable “n/a” indicates that this action cannot be taken, is unnecessary or is inapplicable __________ 1 Limit of three substitute motions. 2 May only be made by a person who voted on prevailing side; not applicable to “table” motions. Must be made within two meetings of original action 3 If prior motion was debatable. 4 Except for request for later action. 5 Highest subsidiary motion -- takes precedence over all motions except adjourn and privilege. 6 Must be voted unless there is no objection. 7 Requires 4/5 vote. 8 Requires 4/5 vote. COPYRIGHT © 2013 BY THE INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION. ALL RIGHTS RESERVED. ICMA Code of Ethics with Guidelines The ICMA Code of Ethics was adopted by the ICMA membership in 1924, and most recently amended by the membership in May 1998. The Guidelines for the Code were adopted by the ICMA Executive Board in 1972, and most recently revised in September 2013. The mission of ICMA is to create excellence in local governance by developing and fostering professional local government management worldwide. To further this mission, certain principles, as enforced by the Rules of Procedure, shall govern the conduct of every member of ICMA, who shall: Tenet 1. Be dedicated to the concepts of effective and democratic local government by responsible elected officials and believe that professional general management is essential to the achievement of this objective. Tenet 2. Affirm the dignity and worth of the services rendered by government and maintain a constructive, creative, and practical attitude toward local government affairs and a deep sense of social responsibility as a trusted public servant. GUIDELINE Advice to Officials of Other Local Governments. When members advise and respond to inquiries from elected or appointed officials of other local governments, they should inform the administrators of those communities. Tenet 3. Be dedicated to the highest ideals of honor and integrity in all public and personal relationships in order that the member may merit the respect and confidence of the elected officials, of other officials and employees, and of the public. GUIDELINES Public Confidence. Members should conduct themselves so as to maintain public confidence in their profession, their local government, and in their performance of the public trust. Impression of Influence. Members should conduct their official and personal affairs in such a manner as to give the clear impression that they cannot be improperly influenced in the performance of their official duties. Appointment Commitment. Members who accept an appointment to a position should not fail to report for that position. This does not preclude the possibility of a member considering several offers or seeking several positions at the same time, but once a bona fide offer of a position has been accepted, that commitment should be honored. Oral acceptance of an employment offer is considered binding unless the employer makes fundamental changes in terms of employment. Credentials. An application for employment or for ICMA’s Voluntary Credentialing Program should be complete and accurate as to all pertinent details of education, experience, and personal history. Members should recognize that both omissions and inaccuracies must be avoided. COPYRIGHT © 2013 BY THE INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION. ALL RIGHTS RESERVED. Professional Respect. Members seeking a management position should show professional respect for persons formerly holding the position or for others who might be applying for the same position. Professional respect does not preclude honest differences of opinion; it does preclude attacking a person’s motives or integrity in order to be appointed to a position. Reporting Ethics Violations. When becoming aware of a possible violation of the ICMA Code of Ethics, members are encouraged to report the matter to ICMA. In reporting the matter, members may choose to go on record as the complainant or report the matter on a confidential basis. Confidentiality. Members should not discuss or divulge information with anyone about pending or completed ethics cases, except as specifically authorized by the Rules of Procedure for Enforcement of the Code of Ethics. Seeking Employment. Members should not seek employment for a position having an incumbent administrator who has not resigned or been officially informed that his or her services are to be terminated. Tenet 4. Recognize that the chief function of local government at all times is to serve the best interests of all of the people. GUIDELINE Length of Service. A minimum of two years generally is considered necessary in order to render a professional service to the local government. A short tenure should be the exception rather than a recurring experience. However, under special circumstances, it may be in the best interests of the local government and the member to separate in a shorter time. Examples of such circumstances would include refusal of the appointing authority to honor commitments concerning conditions of employment, a vote of no confidence in the member, or severe personal problems. It is the responsibility of an applicant for a position to ascertain conditions of employment. Inadequately determining terms of employment prior to arrival does not justify premature termination. Tenet 5. Submit policy proposals to elected officials; provide them with facts and advice on matters of policy as a basis for making decisions and setting community goals; and uphold and implement local government policies adopted by elected officials. GUIDELINE Conflicting Roles. Members who serve multiple roles – working as both city attorney and city manager for the same community, for example – should avoid participating in matters that create the appearance of a conflict of interest. They should disclose the potential conflict to the governing body so that other opinions may be solicited. Tenet 6. Recognize that elected representatives of the people are entitled to the credit for the establishment of local government policies; responsibility for policy execution rests with the members. COPYRIGHT © 2013 BY THE INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION. ALL RIGHTS RESERVED. Tenet 7. Refrain from all political activities which undermine public confidence in professional administrators. Refrain from participation in the election of the members of the employing legislative body. GUIDELINES Elections of the Governing Body. Members should maintain a reputation for serving equally and impartially all members of the governing body of the local government they serve, regardless of party. To this end, they should not participate in an election campaign on behalf of or in opposition to candidates for the governing body. Elections of Elected Executives. Members shall not participate in the election campaign of any candidate for mayor or elected county executive. Running for Office. Members shall not run for elected office or become involved in political activities related to running for elected office, or accept appointment to an elected office. They shall not seek political endorsements, financial contributions or engage in other campaign activities. Elections. Members share with their fellow citizens the right and responsibility to vote. However, in order not to impair their effectiveness on behalf of the local governments they serve, they shall not participate in political activities to support the candidacy of individuals running for any city, county, special district, school, state or federal offices. Specifically, they shall not endorse candidates, make financial contributions, sign or circulate petitions, or participate in fund-raising activities for individuals seeking or holding elected office Elections relating to the Form of Government. Members may assist in preparing and presenting materials that explain the form of government to the public prior to a form of government election. If assistance is required by another community, members may respond. Presentation of Issues. Members may assist their governing body in the presentation of issues involved in referenda such as bond issues, annexations, and other matters that affect the government entity’s operations and/or fiscal capacity. Personal Advocacy of Issues. Members share with their fellow citizens the right and responsibility to voice their opinion on public issues. Members may advocate for issues of personal interest only when doing so does not conflict with the performance of their official duties. Tenet 8. Make it a duty continually to improve the member’s professional ability and to develop the competence of associates in the use of management techniques. GUIDELINES Self-Assessment. Each member should assess his or her professional skills and abilities on a periodic basis. Professional Development. Each member should commit at least 40 hours per year to professional development activities that are based on the practices identified by the members of ICMA. Tenet 9. Keep the community informed on local government affairs; encourage communication between the citizens and all local government officers; emphasize friendly and courteous service to the public; and seek to improve the quality and image of public service. COPYRIGHT © 2013 BY THE INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION. ALL RIGHTS RESERVED. Tenet 10. Resist any encroachment on professional responsibilities, believing the member should be free to carry out official policies without interference, and handle each problem without discrimination on the basis of principle and justice. GUIDELINE Information Sharing. The member should openly share information with the governing body while diligently carrying out the member’s responsibilities as set forth in the charter or enabling legislation. Tenet 11. Handle all matters of personnel on the basis of merit so that fairness and impartiality govern a member’s decisions, pertaining to appointments, pay adjustments, promotions, and discipline. GUIDELINE Equal Opportunity. All decisions pertaining to appointments, pay adjustments, promotions, and discipline should prohibit discrimination because of race, color, religion, sex, national origin, sexual orientation, political affiliation, disability, age, or marital status. It should be the members’ personal and professional responsibility to actively recruit and hire a diverse staff throughout their organizations. Tenet 12. Seek no favor; believe that personal aggrandizement or profit secured by confidential information or by misuse of public time is dishonest. GUIDELINES Gifts. Members should not directly or indirectly solicit any gift or accept or receive any gift—whether it be money, services, loan, travel, entertainment, hospitality, promise, or any other form—under the following circumstances: (1) it could be reasonably inferred or expected that the gift was intended to influence them in the performance of their official duties; or (2) the gift was intended to serve as a reward for any official action on their part. It is important that the prohibition of unsolicited gifts be limited to circumstances related to improper influence. In de minimus situations, such as meal checks, some modest maximum dollar value should be determined by the member as a guideline. The guideline is not intended to isolate members from normal social practices where gifts among friends, associates, and relatives are appropriate for certain occasions. Investments in Conflict with Official Duties. Member should not invest or hold any investment, directly or indirectly, in any financial business, commercial, or other private transaction that creates a conflict with their official duties. In the case of real estate, the potential use of confidential information and knowledge to further a member’s personal interest requires special consideration. This guideline recognizes that members’ official actions and decisions can be influenced if there is a conflict with personal investments. Purchases and sales which might be interpreted as speculation for quick profit ought to be avoided (see the guideline on “Confidential Information”). Because personal investments may prejudice or may appear to influence official actions and decisions, members may, in concert with their governing body, provide for disclosure of such investments prior to accepting their position as local government administrator or prior to any official action by the governing body that may affect such investments. COPYRIGHT © 2013 BY THE INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION. ALL RIGHTS RESERVED. Personal Relationships. Member should disclose any personal relationship to the governing body in any instance where there could be the appearance of a conflict of interest. For example, if the manager’s spouse works for a developer doing business with the local government, that fact should be disclosed. Confidential Information. Members should not disclose to others, or use to further their personal interest, confidential information acquired by them in the course of their official duties. Private Employment. Members should not engage in, solicit, negotiate for, or promise to accept private employment, nor should they render services for private interests or conduct a private business when such employment, service, or business creates a conflict with or impairs the proper discharge of their official duties. Teaching, lecturing, writing, or consulting are typical activities that may not involve conflict of interest, or impair the proper discharge of their official duties. Prior notification of the appointing authority is appropriate in all cases of outside employment. Representation. Members should not represent any outside interest before any agency, whether public or private, except with the authorization of or at the direction of the appointing authority they serve. Endorsements. Members should not endorse commercial products or services by agreeing to use their photograph, endorsement, or quotation in paid or other commercial advertisements, whether or not for compensation. Members may, however, agree to endorse the following, provided they do not receive any compensation: (1) books or other publications; (2) professional development or educational services provided by nonprofit membership organizations or recognized educational institutions; (3) products and/or services in which the local government has a direct economic interest. Members’ observations, opinions, and analyses of commercial products used or tested by their local governments are appropriate and useful to the profession when included as part of professional articles and reports. About the League of California Cities Established in 1898, the League of California Cities is a mem- ber organization that represents California’s incorporated cities. The League strives to protect the local authority and autonomy of city government and help California’s cities effectively serve their residents. In addition to advocating on cities’ behalf at the state capitol, the League provides its members with professional development programs and information resources, conducts educational conferences and research, and publishes Western City magazine. About Western City Magazine Western City is the League of California Cities' monthly maga- zine. Western City provides lively, interdisciplinary analyses of issues affecting local governance. Its goal is to offer immediately practical ideas, information and bigger-picture policy issues and trends. For more information, visit www.westerncity.com. “Rosenberg’s Rules of Order” first appeared in Western City magazine in August and September 2003. VISION: To be recognized and respected as the leading advocate for the common interests of California cities. MISSION: To restore and protect local control for cities through education and advocacy to enhance the quality of life for all Californians. About the Author Dave Rosenberg is an elected county supervisor representing the 4th District in Yolo County. He also serves as director of community and intergovernmental relations, director of opera- tions, and senior advisor to the governor of California. He has served as a member and chair of numerous state and local boards, both appointed and elected, and also served on the Davis City Council for 12 years, including two terms as mayor. He has taught classes on parliamentary procedure and has served as parliamentarian for large and small governing bodies. In the fall of 2003, Gov. Davis appointed Rosenberg as a judge of the Yolo County Superior Court. 1400 K Street, Sacramento, CA 95814 (916) 658-8200 Fax (916) 658-8240 www.cacities.org To order additional copies of this publication, call (916) 658-8257 or visit www.cacities.org/store. ©2003 League of California Cities. All rights reserved. www.cacities.org 1 he rules of procedure at meetings should be simple enough for most people to understand. Unfortunately, that hasn’t always been the case. Virtu- ally all clubs, associations, boards, coun- cils and bodies follow a set of rules, Robert’s Rules of Order, which are em- bodied in a small but complex book. Virtually no one I know has actually read this book cover to cover. Worse yet, the book was written for another time and purpose. If you are running the British Parliament, Robert’s Rules of Order is a dandy and quite use- ful handbook. On the other hand, if you’re running a meeting of a five- member body with a few members of the public in attendance, a simplified version of the rules of parliamentary procedure is in order. Hence, the birth of “Rosenberg’s Rules of Order.” This publication covers the rules of parliamentary procedure based on my 20 years of experience chairing meetings in state and local government. These rules have been simplified and slimmed down for 21st century meetings, yet they retain the basic tenets of order to which we are accustomed. “Rosenberg’s Rules of Order” are sup- ported by the following four principles: 1. Rules should establish order.The first purpose of the rules of parlia- mentary procedure is to establish a framework for the orderly conduct of meetings. 2. Rules should be clear.Simple rules lead to wider understanding and participation. Complex rules create two classes: those who understand and participate and those who do not fully understand and do not fully participate. 3. Rules should be user-friendly.That is, the rules must be simple enough that citizens feel they have been able to participate in the process. 4. Rules should enforce the will of the majority while protecting the rights of the minority.The ultimate purpose of the rules of procedure is to encourage discussion and to facili- tate decision-making by the body. In a democracy, the majority rules. The rules must enable the majority to express itself and fashion a result, while permitting the minority to also express itself (but not dominate) and fully participate in the process. The Chairperson Should Take a Back Seat During Discussions While all members of the governing body should know and understand the rules of parliamentary procedure, it is the chairperson (chair) who is charged with applying the rules of conduct. The chair should be well versed in those rules, because the chair, for all intents and purposes, makes the final ruling on the rules. In fact, all decisions by the chair are final unless overruled by the governing body itself. Because the chair conducts the meeting, it is common courtesy for the chair to take a less active role than other mem- bers of the body in debates and discus- sions. This does not mean that the chair should not participate in the debate or discussion. On the contrary, as a mem- ber of the body, the chair has full rights to participate in debates, discussions and decision-making. The chair should, however, strive to be the last to speak at the discussion and debate stage, and should not make or second a motion unless he or she is convinced that no other member of the body will do so. The Basic Format for an Agenda Item Discussion Formal meetings normally have a written, published agenda; informal meetings may have only an oral or understood agenda. In either case, the meeting is governed by the agenda and the agenda constitutes the body’s agreed-upon road map for the meeting. And each agenda item can be handled by the chair in the following basic format. First,the chair should clearly announce the agenda item number and should clearly state what the subject is. The chair should then announce the format that will be followed. Second,following that agenda format, the chair should invite the appropriate people to report on the item, including any recommendation they might have. The appropriate person may be the chair, a member of the governing body, Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21 st Century There are exceptions to the general rule of free and open debate on motions. The exceptions all apply when there is a desire to move on. by Dave Rosenberg League of California Cities2 a staff person, or a committee chair charged with providing information about the agenda item. Third,the chair should ask members of the body if they have any technical questions for clarification. At this point, members of the governing body may ask clarifying questions to the people who reported on the item, and they should be given time to respond. Fourth,the chair should invite public comments or, if appropriate at a formal meeting, open the meeting to public input. If numerous members of the pub- lic indicate a desire to speak to the sub- ject, the chair may limit the time of each public speaker. At the conclusion of the public comments, the chair should ann- ounce that public input has concluded (or that the public hearing, as the case may be, is closed). Fifth,the chair should invite a motion from the governing body members. The chair should announce the name of the member who makes the motion. Sixth,the chair should determine if any member of the body wishes to second the motion. The chair should announce the name of the member who seconds the motion. It is normally good practice for a motion to require a second before proceeding with it, to ensure that it is not just one member of the body who is interested in a particular approach. However, a second is not an absolute requirement, and the chair can proceed with consideration and a vote on the motion even when there is no second. This is a matter left to the discretion of the chair. Seventh,if the motion is made and sec- onded, the chair should make sure every- one understands the motion. This is done in one of three ways: 1. The chair can ask the maker of the motion to repeat it; 2. The chair can repeat the motion; or 3. The chair can ask the secretary or the clerk of the body to repeat the motion. Motions are made in a simple two-step process. First, the chair recognizes the member. Second, the member makes a motion by preceding the member’s desired approach with the words: “I move …” A typical motion might be: “I move that we give 10 days’ notice in the future for all our meetings.” The chair usually initiates the motion by: 1. Inviting the members to make a motion: “A motion at this time would be in order.” Rosenberg’s Rules of Order: Simple Parliamentary Procedure for the 21st Century Ninth,the chair takes a vote. Simply asking for the “ayes” and then the “nays” is normally sufficient. If members of the body do not vote, then they “abstain.” Unless the rules of the body provide otherwise or unless a super-majority is required (as delineated later in these rules), a simple majority determines whether the motion passes or is defeated. Tenth,the chair should announce the result of the vote and should announce what action (if any) the body has taken. In announcing the result, the chair should indicate the names of the mem- bers, if any, who voted in the minority on the motion. This announcement might take the following form: “The motion passes by a vote of 3-2, with Smith and Jones dissenting. We have passed the motion requiring 10 days’ notice for all future meetings of this governing body.” Motions in General Motions are the vehicles for decision- making. It is usually best to have a mot- ion before the governing body prior to discussing an agenda item, to help every- one focus on the motion before them. Eighth,the chair should now invite dis- cussion of the motion by the members of the governing body. If there is no desired discussion or the discussion has ended, the chair should announce that the body will vote on the motion. If there has been no discussion or a very brief discussion, the vote should proceed immediately, and there is no need to re- peat the motion. If there has been sub- stantial discussion, it is normally best to make sure everyone understands the motion by repeating it. 2. Suggesting a motion to the members: “A motion would be in order that we give 10-days’ notice in the future for all our meetings.” 3. Making the motion. As noted, the chair has every right as a member of the body to make a motion, but normally should do so only if he or she wishes a motion to be made but no other member seems willing to do so. The Three Basic Motions Three motions are the most common: 1. The basic motion.The basic motion is the one that puts forward a deci- sion for consideration. A basic mot- ion might be: “I move that we create a five-member committee to plan and put on our annual fundraiser.” 2. The motion to amend.If a member wants to change a basic motion that is under discussion, he or she would move to amend it. A motion to amend might be: “I move that we amend the motion to have a 10- member committee.” A motion to amend takes the basic motion that is before the body and seeks to change it in some way. Debate on policy is healthy; debate on personalities is not. The chair has the right to cut off discussion that is too personal, too loud or too crude. www.cacities.org 3 Rosenberg’s Rules of Order: Simple Parliamentary Procedure for the 21st Century 3. The substitute motion.If a member wants to completely do away with the basic motion under discussion and put a new motion before the governing body, he or she would “m ove a substitute motion.” A substi- tute motion might be: “I move a sub- stitute motion that we cancel the annual fundraiser this year.” Motions to amend and substitute mo- tions are often confused. But they are quite different, and so is their effect, if passed. A motion to amend seeks to retain the basic motion on the floor, but to modify it in some way. A substitute motion seeks to throw out the basic motion on the floor and substi- tute a new and different motion for it. The decision as to whether a motion is really a motion to amend or a substitute motion is left to the chair. So that if a member makes what that member calls a motion to amend, but the chair deter- mines it is really a substitute motion, the chair’s designation governs. When Multiple Motions Are Before The Governing Body Up to three motions may be on the floor simultaneously. The chair may reject a fourth motion until the three that are on the floor have been resolved. When two or three motions are on the floor (after motions and seconds) at the same time, the first vote should be on the last motion made. So, for exam- ple, assume the first motion is a basic “motion to have a five-member commit- tee to plan and put on our annual fund- raiser.” During the discussion of this motion, a member might make a second motion to “amend the main motion to have a 10-member committee, not a five-member committee, to plan and put on our annual fundraiser.” And per- haps, during that discussion, a member makes yet a third motion as a “substitute motion that we not have an annual fundraiser this year.” The proper proce- dure would be as follows. First, the chair would deal with the third (the last) motion on the floor, the substitute motion. After discussion and debate, a vote would be taken first on the third motion. If the substitute motion passes, it would be a substitute for the basic motion and would elimi- nate it. The first motion would be moot, as would the second motion (which sought to amend the first motion), and the action on the agenda item would be complete. No vote would be taken on the first or second motions. On the other hand, if the substitute motion (the third motion) failed, the chair would proceed to consideration of the second (now the last) motion on the floor, the motion to amend. If the substitute motion failed, the chair would then deal with the second (now the last) motion on the floor, the motion to amend. The discussion and debate would focus strictly on the amendment (should the committee be five or10 members). If the motion to amend passed, the chair would now move to consider the main motion (the first motion) as amended. If the motion to amend failed, the chair would now move to consider the main motion (the first motion) in its original format, not amended. To Debate or Not to Debate The basic rule of motions is that they are subject to discussion and debate. Accordingly, basic motions, motions to amend, and substitute motions are all eligible, each in their turn, for full dis- cussion before and by the body. The debate can continue as long as members of the body wish to discuss an item, sub- ject to the decision of the chair that it is time to move on and take action. There are exceptions to the general rule of free and open debate on motions. The exceptions all apply when there is a desire of the body to move on. The fol- lowing motions are not debatable (that is, when the following motions are made and seconded, the chair must immedi- ately call for a vote of the body without debate on the motion): A motion to adjourn.This motion, if passed, requires the body to immediately adjourn to its next regularly scheduled meeting. This motion requires a simple majority vote. A motion to recess.This motion, if passed, requires the body to immediately take a recess. Normally, the chair deter- mines the length of the recess, which may range from a few minutes to an hour. It requires a simple majority vote. The challenge for anyone chairing a public meet- ing is to accommodate public input in a timely and time-sensitive way, while maintaining steady progress through the agenda items. Third, the chair would now deal with the first motion that was placed on the floor. The original motion would either be in its original format (five-member committee) or, if amended, would be in its amended format (10-member com- mittee). And the question on the floor for discussion and decision would be whether a committee should plan and put on the annual fundraiser. A motion to fix the time to adjourn. This motion, if passed, requires the body to adjourn the meeting at the specific time set in the motion. For example, the motion might be: “I move we adjourn this meeting at midnight.” It requires a simple majority vote. A motion to table.This motion, if passed, requires discussion of the agenda item to be halted and the agenda item to League of California Cities4 be placed on “hold.” The motion may contain a specific time in which the item can come back to the body: “I move we table this item until our regu- lar meeting in October.” Or the motion may contain no specific time for the return of the item, in which case a motion to take the item off the table and bring it back to the body will have to be taken at a future meeting. A motion to table an item (or to bring it back to the body) requires a simple majority vote. A motion to limit debate.The most common form of this motion is to say: “I move the previous question” or “I move the question” or “I call for the question.” When a member of the body makes such a motion, the member is really saying: “I’ve had enough debate. Let’s get on with the vote.” When such a motion is made, the chair should ask for a second to the motion, stop debate, and vote on the motion to limit debate. The motion to limit debate requires a two-thirds vote of the body. Note that a motion to limit debate could include a time limit. For example: “I move we limit debate on this agenda item to 15 minutes.” Even in this format, the the motion fails. If one member is ab- sent and the vote is 3-3, the motion still fails. All motions require a simple majority, but there are a few exceptions. The exceptions occur when the body is taking an action that effectively cuts off the ability of a minority of the body to take an action or discuss an item. These extraordinary motions require a two-thirds majority (a super-majority) to pass: Motion to limit debate.Whether a member says, “I move the previous question,” “I move the question,” “I call for the question” or “I move to limit debate,” it all amounts to an attempt to cut off the ability of the minority to dis- cuss an item, and it requires a two-thirds vote to pass. Motion to close nominations.When choosing officers of the body, such as the chair, nominations are in order either from a nominating committee or from the floor of the body. A motion to close nominations effectively cuts off the right of the minority to nominate officers, and it requires a two-thirds vote to pass. pend the rules for a particular purpose. For example, the body (a private club) might have a rule prohibiting the atten- dance at meetings by non-club mem- bers. A motion to suspend the rules would be in order to allow a non-club member to attend a meeting of the club on a particular date or on a particular agenda item. The Motion to Reconsider There is a special and unique motion that requires a bit of explanation all by itself: the motion to reconsider. A tenet of parliamentary procedure is finality. After vigorous discussion, debate and a vote, there must be some closure to the issue. And so, after a vote is taken, the matter is deemed closed, subject only to reopening if a proper motion to reconsider is made. A motion to reconsider requires a majority vote to pass, but there are two special rules that apply only to the motion to reconsider. First is the matter of timing. A motion to reconsider must be made at the meet- ing where the item was first voted upon or at the very next meeting of the body. A motion to reconsider made at a later time is untimely. (The body, however, can always vote to suspend the rules and, by a two-thirds majority, allow a motion to reconsider to be made at another time.) Second, a motion to reconsider may be made only by certain members of the body. Accordingly, a motion to recon- sider may be made only by a member who voted in the majority on the origi- nal motion. If such a member has a change of heart, he or she may make the motion to reconsider (any other mem- ber of the body may second the motion). If a member who voted in the minority seeks to make the motion to reconsider, it must be ruled out of order. The pur- pose of this rule is finality. If a member of the minority could make a motion to reconsider, then the item could be brought back to the body again and again, which would defeat the purpose of finality. Rosenberg’s Rules of Order: Simple Parliamentary Procedure for the 21st Century motion to limit debate requires a two- thirds vote of the body. A similar mot- ion is a motion to object to consideration of an item.This motion is not debatable, and if passed, precludes the body from even considering an item on the agenda. It also requires a two-thirds vote. Majority and Super-Majority Votes In a democracy, decisions are made with a simple majority vote. A tie vote means the motion fails. So in a seven-member body, a vote of 4-3 passes the motion. A vote of 3-3 with one abstention means Motion to object to the consideration of a question.Normally, such a motion is unnecessary, because the objectionable item can be tabled or defeated straight up. However, when members of a body do not even want an item on the agenda to be considered, then such a motion is in order. It is not debatable, and it requires a two-thirds vote to pass. Motion to suspend the rules.This motion is debatable, but requires a two- thirds vote to pass. If the body has its own rules of order, conduct or proce- dure, this motion allows the body to sus- If you are running the British Parliament, Robert’s Rules of Order is a dandy and quite useful handbook. www.cacities.org 5 If the motion to reconsider passes, then the original matter is back before the body, and a new original motion is in order. The matter may be discussed and debated as if it were on the floor for the first time. Courtesy and Decorum The rules of order are meant to create an atmosphere where the members of the body and the members of the public can attend to business efficiently, fairly and with full participation. And at the same time, it is up to the chair and the members of the body to maintain com- mon courtesy and decorum. Unless the setting is very informal, it is always best for only one person at a time to have the floor, and it is always best for every lege relate to anything that would inter- fere with the normal comfort of the meeting. For example, the room may be too hot or too cold, or a blowing fan might interfere with a person’s ability to hear. Order.The proper interruption would be: “Point of order.” Again, the chair would ask the interrupter to “state your point.” Appropriate points of order Withdraw a motion.During debate and discussion of a motion, the maker of the motion on the floor, at any time, may interrupt a speaker to withdraw his or her motion from the floor. The motion is immediately deemed with- drawn, although the chair may ask the person who seconded the motion if he or she wishes to make the motion, and any other member may make the motion if properly recognized. Special Notes About Public Input The rules outlined here help make meet- ings very public-friendly. But in addi- tion, and particularly for the chair, it is wise to remember three special rules that apply to each agenda item: Rule One:Tell the public what the body will be doing. Rule Two:Keep the public informed while the body is doing it. Rule Three:When the body has acted, tell the public what the body did. Public input is essential to a healthy democracy, and community participa- tion in public meetings is an important element of that input. The challenge for anyone chairing a public meeting is to accommodate public input in a timely and time-sensitive way, while maintain- ing steady progress through the agenda items. The rules presented here for con- ducting a meeting are offered as tools for effective leadership and as a means of developing sound public policy. ■ Rosenberg’s Rules of Order: Simple Parliamentary Procedure for the 21st Century It is usually best to have a motion before the gov- erning body prior to discussing an agenda item, to help everyone focus. Motions to amend and substitute motions are often confused. But they are quite different, and so is their effect, if passed. speaker to be first recognized by the chair before proceeding to speak. The chair should always ensure that debate and discussion of an agenda item focus on the item and the policy in ques- tion, not on the personalities of the members of the body. Debate on policy is healthy; debate on personalities is not. The chair has the right to cut off discus- sion that is too personal, too loud or too crude. Debate and discussion should be fo- cused, but free and open. In the interest of time, the chair may, however, limit the time allotted to speakers, including members of the body. Can a member of the body interrupt the speaker? The general rule is no. There are, however, exceptions. A speaker may be interrupt- ed for the following reasons: Privilege.The proper interruption would be: “Point of privilege.” The chair would then ask the interrupter to “state your point.” Appropriate points of privi- relate to anything that would not be considered appropriate conduct of the meeting; for example, if the chair moved on to a vote on a motion that permits debate without allowing that discussion or debate. Appeal.If the chair makes a ruling that a member of the body disagrees with, that member may appeal the ruling of the chair. If the motion is seconded and after debate, if it passes by a simple majority vote, then the ruling of the chair is deemed reversed. Call for orders of the day.This is sim- ply another way of saying, “Let’s return to the agenda.” If a member believes that the body has drifted from the agreed- upon agenda, such a call may be made. It does not require a vote, and when the chair discovers that the agenda has not been followed, the chair simply reminds the body to return to the agenda item properly before them. If the chair fails to do so, the chair’s determination may be appealed. September 2003 BALLOT MEASURE ADVOCACY AND THE LAW: LEGAL ISSUES ASSOCIATED WITH CITY PARTICIPATION IN BALLOT MEASURE CAMPAIGNS This paper was prepared with the assistance of: Steven S. Lucas Nielsen, Merksamer, Parrinello, Mueller & Naylor, LLP slucas@NMGovLaw.com and Betsy Strauss Special Counsel, League of California Cities City Attorney, City of Rohnert Park Munilaw@aol.com INTRODUCTION The electorate through the initiative and referendum process is increasingly making important policy decisions affecting California cities.1 Whereas cities have specific statutory authority to participate in the legislative process at the state and federal levels,2 their authority to t ake p art in the initiative and referendum process is more limited. What role may cities and city officials play in the initiative and referendum process? The following series of questions and answers provide some general guidelines. USE OF PUBLIC RESOURCES TO SUPPORT A BALLOT MEASURE May cities contribute public funds to a ballot measure campaign that has qualified for the ballot? No, the courts have made it clear that government cannot use public funds to “take sides” in a campaign.3 Doing so gives one side an unfair advantage that may distort the electoral process. But this does not mean that cities cannot prepare and disseminate a fair and impartial analysis of the measure. Is there a difference between using public resources to develop a measure for the ballot and to support the measure once it has qualified? Yes, public resources may be used to develop a measure for the ballot.4 And local agencies have prepared ballot measures for years.5 May cities form a nonprofit corporation and use public funds to finance its operation for the purpose of qualifying a statewide initiative measure that relates to the day-to-day functions of every city in the state? No, the money for such an effort may not come from public funds. Because a city cannot directly fund such an operation, it cannot do so indirectly.6 Is there a difference between the generally accepted practice of using public funds for legislative lobbying efforts and using such funds to promote a ballot measure? Yes, courts have drawn a clear distinction between the two activities.7 Various statutes specifically authorize the use of public funds for lobbying activities, such as traveling to Sacramento to testify at a legislative hearing.8 There are no similar provisions permitting the use of public funds in election campaigns.9 PAGE 1/BALLOT MEASURE ADVOCACY AND THE LAW Introduction Use Of Public Resources To Support A Ballot Measure Taking A Position On A Ballot Measure Campaign Activities In Support Of A Ballot Measure Fundraising Activities In Support Of A Ballot Measure Civil And Criminal Penalties For Misuse Of Public Resources Conclusion CONTENTS The legislative process contemplates public involvement to assist in explaining the potential benefits or detriments of proposed legislation. Courts do not see public agency lobbying as undermining or distorting this process. However, the use of public funds to directly influence the electorate is seen as a potential threat to the integrity of the electoral process. According to California courts, permitting a public agency to “take sides” in an election campaign may give one side an unfair advantage.10 The import ance of governmental impartiality in electoral matters cannot be overstated.11 What is the difference between “informational” and “express advocacy” materials? Purely informational materials present a fair and balanced presentation of the relevant facts.12 Materials of express advocacy are those that explicitly and by their own terms urge the election or defeat of an identified candidate or the passage or defeat of an identified measure.13 Express terms of advocacy include “vote for,” “cast your ballot,” and “defeat.”14 May individual city officials use public resources to support a ballot measure? No, a city official may not use public resources to support or oppose a ballot measure or engage in campaign activity.15 “Public resources” include any property owned by the local agency, including buildings, facilities, funds, equipment, telephones, supplies, computers, vehicles, and travel.16 The misuse of public resources for campaign purposes may result in civil and criminal penalties.17 May cities use city staff, equipment, and supplies to generate promotional materials on behalf of ballot measures that have already qualified for the ballot? No, just like public funds, cities may not use public resources to support a ballot measure. To do so raises the possibility that the electoral process may be distorted by giving one side an unfair advantage in the campaign. TAKING A POSITION ON A BALLOT MEASURE May a city council officially endorse or oppose a ballot measure? Yes, the decision by a city council to go on record in support of or in opposition to a ballot measure has been held to be a permissible use of public resources. The council’s decision should be made during a regular meeting that is open to the public and to the expression of the public’s views.18 If the City Council adopts a resolution endorsing or opposing a ballot measure, the resolution should include a statement that no public funds shall be used in the campaign for or against the measure. PAGE 2/BALLOT MEASURE ADVOCACY AND THE LAW There are two simple, but very important rules city officials and employees should follow if they want to get involved in campaign activities: Don’t use public funds and campaign on your own time. May an elected official take a position on a ballot measure? Yes, a public official has a first amendment right to speak out on governmental matters upon being elected to office.19 However, a public official should not use public resources to campaign for or against a ballot measure. City officials should not take part in ballot measure campaigns while on “city time” and should be careful to separate their official work from their political and campaign work. May a public employee support or oppose ballot measures? Yes, a public employee does not give up his or her constitutional rights upon joining a public agency.20 W ith cert ain exceptions, no restrictions may be placed on the political activities of public employees.21 However, public employees must be careful not to use public resources to advocate a position on a ballot measure.22 As a precautionary measure, many cities prohibit or restrict their employees from engaging in political activities during work hours or while on city property.23 May cities analyze the effect of ballot measures on cities and publicize this information? Yes, cities may use public resources to objectively evaluate a ballot measure’s impact on the city.24 The results of a fair and impartial analysis may then be made available to the newspapers, advocacy groups, and others who may make use of the information if they choose.25 Public funds must be used only for materials that are strictly informational and not for those that expressly advocate a position. May city officials respond to telephone calls, letters, and e-mails about a ballot measure while on city time? Yes, but only as long as their response is limited to (1) stating that the city has either endorsed or opposed the measure and (2) presenting fair and impartial information about the measure.26 An official must be careful not use public resources to “take sides” on the measure. Incidental and minimal use of public resources by a local officer is not subject to criminal prosecution.27 May a public employee respond to a request for information on a public agency’s analysis of or position on a ballot measure? Yes, as long as the employee provides a fair and impartial representation of the facts.28 The response may include speaking to public or private organizations interested in the city’s position.29 PAGE 3/BALLOT MEASURE ADVOCACY AND THE LAW Public resources may not be used for campaign materials that expressly advocate a position on a ballot measure. Terms of express advocacy include: • Vote for • Elect • Cast your ballot • Defeat • Vote against CAMPAIGN ACTIVITIES IN SUPPORT OF A BALLOT MEASURE May city officials add a link from the city’s website to a ballot campaign website? No, this would be an inappropriate expenditure of public resources. May city officials hold a campaign rally in support of or in opposition to a ballot measure on the steps of city hall or elsewhere on city property? Yes, as long as city officials do not take part in the rally while on city time and the public facility is open and available for the expression of all viewpoints on the measure or for any other political activity.30 It is a good practice for a city of ficial to inform the audience that he or she is appearing as a private party and not as an official of the city. May a public employee wear his or her uniform when engaged in political activities after work hours? No, a public employee is specifically prohibited from participating in any sort of political activity while in uniform.31 May a public employee make a presentation on a public agency’s position on a ballot measure at local organizations, such as the Chamber of Commerce? Yes, as long as the employee presents fair and impartial information on the ballot measure. It is good practice to use a prepared script that may be used each time the presentation is made. FUNDRAISING ACTIVITIES IN SUPPORT OF A BALLOT MEASURE May city officials use city funds to attend a fundraiser in support of a ballot measure? No, it is a crime to use city funds to attend a political fundraiser.32 May elected officials solicit ballot measure campaign contributions from city vendors? Yes, because it is not a conflict of interest for an elected city official to solicit or receive a campaign contribution from a vendor.33 However, public resources must not be used in making these solicitations. Elected officials should not engage in such fundraising activities while on city time. Any solicitation should admonish and advise vendors that they may not charge back the amount contributed to the city either directly or indirectly. PAGE 4/BALLOT MEASURE ADVOCACY AND THE LAW Distribute campaign materials through the city’s internal mail system. Place campaign literature on employee bulletin boards. Make public appearances speaking in favor of the ballot measure during compensated work hours. Walk precincts, draft campaign ads, or perform other campaign tasks during compensated work hours. Use city copy machines, telephones, fax machines, computers, stationery, etc. for campaign purposes. Urge other city employees to vote for the measure during compensated work hours. Send or receive campaign-related e- mails on city computers. City officials and employees may NOT: May a city official obtain a list of city vendors for fundraising activities? Yes, if such a list exists, it is a public record and therefore is available to anyone asking for it. If no vendor list exists, it is not a misuse of public resources if the city would create a list for anyone who asked for such a list. If the city creates the list for the purpose of allowing fundraising from the list, this would be a misuse of public resources. May city officials solicit financial support from their colleagues for a ballot measure? No, city officials may not directly or indirectly solicit campaign contributions from other local officials or employees. The only exception is if the solicitation is part of a general effort that incidentally includes local officials and employees.34 May a public employee ask his or her fellow public employees for contributions to a ballot measure campaign? No, local public employees may not solicit contributions from fellow employees unless: •The solicitation is made to a significant segment of the public in which the fellow employees are included;35 or •The funds are solicited to promote or defeat a ballot measure affecting the rate of pay, working hours, retirement, civil service, or other working conditions.36 Such solicitations should not take place during city time or make use of public resources. In addition, an employee or officer of one city may solicit contributions from officials and employees of a different city. May an elected official contribute his or her own campaign political action committee funds to qualify, support, or oppose a measure for the ballot? Yes, as long as the contribution is reasonably related to a political, legislative, or governmental purpose of the committee.37 However, there may be federal income tax implications for doing so. Candidate campaign funds are tax-exempt under Internal Revenue Code section 527 only when used primarily for “exempt functions.”38 Such purposes are generally limited to expenditures for a candidate to get elected or for officeholder purposes once a candidate is elected.39 How should such contributions from campaign funds be reported? PAGE 5/BALLOT MEASURE ADVOCACY AND THE LAW Work on the campaign during their personal time, including lunch hours, coffee breaks, vacations, etc. Make a campaign contribution to a ballot measure campaign committee using personal funds, and/or attend a campaign fundraiser during personal time. Make public appearances during personal time advocating the ballot measure. Have the city council adopt a resolution at a public meeting that officially endorses the ballot measure and confirms the prohibition on using governments funds for political purposes. City officials and employees MAY: The Fair Political Practices Commission says the recipient of the funds should report the receipt of funds as contributions received; the local official’s campaign committee should report the contribution as an expenditure made and as a contribution made.40 Are there any other restrictions in the Political Reform Act that might restrict a local elected official’s participation in ballot measure campaigns? The Fair Political Practices Commission notes that a local elected official who also serves as an appointed, voting member of another agency (e.g., a Local Agency Formation Commission, special district board, joint powers authority or regional planning agency) may, under certain circumstances, be prohibited from accepting, soliciting, or directing contributions on behalf of a ballot measure committee.41 Are there potential criminal consequences for misusing public resources? Yes, improper use of public resources can be a criminal offense.42 Local officials should be careful to separate their official city work from their political and campaign work. One potential consequence of a criminal conviction for misappropriation of public resources is disqualification from holding any office in the state.43 Are there potential civil consequences for misusing public resources? Yes, the individual involved may be required to reimburse the agency for the value of the resources used.44 The person may also be responsible for the attorney fees of the party challenging the use of resources.45 In addition, engaging in such activities gives rise to reporting obligations for public agencies under the Political Reform Act.46 Failure to comply with the requirements may subject an agency to additional penalties.47 CONCLUSION Public officials and employees have many ways to exercise their right to promote or oppose ballot measures. The key is not to use the public’s time, money, or other resources to do so. Public resources may be used, however, to provide objective analysis and information about a ballot measure. Charges that a city official or employee has misused and misappropriated public resources are extremely serious. When the propriety of any activity is in doubt, it is the League’s view to err on the side of caution. PAGE 6/BALLOT MEASURE ADVOCACY AND THE LAW CIVIL AND CRIMINAL PENALTIES FOR MISUSE OF PUBLIC RESOURCES A city official should always first consult with the city’s attorney concerning the propriety of any given course of conduct. 1 Through the initiative process, groups originate and seek to pass laws and constitutional amendments without resort to the Legislature. No subject is exempt from the process and the only constitutional restrictions are that an initiative proposal must deal with only one main subject and must not constitute a “revision” (as opposed to a mere “amendment”) of the state Constitution. See Cal. Const. art. II, § 8. Up through the 1998 election, over 560 initiatives have appeared on California ballots, with about one-fourth of them being approved. The average cost to qualify an initiative for the ballot was approximately $700,000. (It is believed that average cost to qualify an initiative for the ballot in 2003 would be over $1 million.) Bernard L. Hyink & David H. Provost, Politics and Government in California 98-103 (15th ed. 2001). 2 Government Code section 50023 provides: The legislative body of a local agency, directly or through a representative, may attend the Legislature and Congress, and any committees thereof, and present information to aid the passage of legislation that the legislative body deems beneficial to the local agency or to prevent the passage of legislation that the legislative body deems detrimental to the local agency. The legislative body of a local agency, either directly or through a representative, may meet with representatives of executive or administrative agencies of the state, federal, or local government to present information requesting action that the legislative body deems beneficial to, or opposing action deemed detrimental to, such local agency. The cost and expense incident thereto are proper charges against the local agency. Cal. Gov’t Code § 50023. 3 See Stanson, 17 Cal.3d at 217. See also Schroeder v. Irvine City Council, 97 Cal.App.4th 174, 118 Cal.Rptr.2d 330 (4th Dist. 2002) (governmental agency cannot spend public funds for a partisan campaign advocating the passage or defeat of a ballot measure). 4 See League of Women Voters v. Countrywide Criminal Justice Coordination Committee, 203 Cal.App.3d 529, 250 Cal.Rptr. 161 (2nd Dist. 1988). 5 See Cal. Elec. Code § 9222. 6 See California Legislative Counsel Op. No. 154 (September 18, 1980). 7 See Stanson v. Mott, 17 Cal.3d 206, 130 Cal. Rptr. 697 (1976) (holding that California Department of Parks and Recreation could not spend public money to prepare promotional material and pay for speakers expenses to support a 1974 park bond measure). 8 See Cal. Govt. Code §§ 50023, 53060.5, 82039, and 86300. 9 See Stanson, 17 Cal.3d at 218. 10 See id. at 217. 11 See id. at 218-219. 12 See Stanson, 17 Cal.3d at 220 (discussing with approval Citizens to Protect Public Funds v. Board of Education, 13 N.J. 172, 179-180, 98 A.2d 673, 676 (1953), which recognized the broad legislative and fiscal authority possessed by locally autonomous schools boards to make reasonable expenditures to give voters relevant facts to aid them in making an informed judgment when voting). 13 See Governor Gray Davis Committee v. American Taxpayers Alliance, 102 Cal.App.4th 449, 125 Cal.Rptr.2 534 (1st Dist. 2002). ENDNOTES PAGE 7/BALLOT MEASURE ADVOCACY AND THE LAW 14 See Cal. Code Regs., tit. 2, § 18225(b)(2). 15 California Government Code section 8314 provides: It shall be unlawful for any elected state or local officer, including any state or local appointee, em- ployee, or consultant, to use or permit others to use public resources for a campaign activity, or personal or other purposes that are not authorized by law. Cal. Gov’t Code § 8314(a). See also Cal. Gov’t Code § 54964. 16 See Cal. Gov’t Code 8314(b)(3). 17 California Government Code section 8314 provides for civil penalties including fines of up to one thousand dollars for each day a violation occurs, plus three times the value of the unlawful use of public resources. California Penal Code section 424 provides for criminal penalties of up to four years in state prison. Furthermore, a conviction disqualifies the party from holding any office in the state. See also People v. Battin, 77 Cal.App.3d 635 (1978) (county supervisor prosecuted for misusing public funds for improper political purposes); People v. Sperl, 54 Cal.App.3d 640, 126 Cal.Rptr. 970 (2nd Dist. 1976) (county marshal convicted of Penal Code section 424 for having deputies make telephone calls in connection with testimonial dinner for political candidate). 18 See League of Women Voters, 203 Cal.App.3d at 560. See also Choice-in-Education League v. Los Angeles Unified School District, 17 Cal.App.4th 415, 21 Cal.Rptr.2d 303 (2nd Dist. 1993) (schools district’s expenditure of funds to broadcast a public meeting where the school board adopted a resolution opposing an initiative was permissible and serves purposes unrelated to advocating a partisan position on an initiative.) 19 See City of Fairfield v. Superior Court of Solano County, 14 Cal.3d 768, 780-82, 122 Cal.Rptr. 543, 550-51 (1975) (city councilman has not only a right but an obligation to discuss issues of vital concern with his constituents). 20 See Bagley v. Washington Township Hospital District, 65 Cal2d 499, 55 Cal.Rptr. 401 (1966) (hospital district’s prohibition of employees from participating in any ballot measures pertaining to the district was unconstitutionally overbroad); Rosenfield v. Malcolm, 65 Cal.2d 559, 55 Cal.Rptr. 505 (1967) (holding that county cannot dismiss a county employee on the grounds that it disagrees with the employee’s activities). 21 See Cal. Gov’t Code § 3207. 22 California Government Code section 54964(a) provides: An officer, employee, or consultant of a local agency may not expend or authorize the expenditure of any of the funds of the local agency to support or oppose the approval or rejection of a ballot measure or the election or defeat of a candidate, by the voters. Cal. Gov’t Code § 54964. 23 See Fair Political Practices Commission v. Suitt, 90 Cal.App.3d 125, 153 Cal.Rptr. 311 (3rd Dist. 1979) (state employees may not participate in campaign activities during work hours or use public resources for campaign activities). 24 See Stanson, 17 Cal.3d at 221. See also Cal. Elec. Code § 9212 (permitting local agency to prepare a report analyzing the effects a proposed local initiative measure may have on the city). 25 See id. at fn.6 (The need for the dissemination of a fair and impartial analysis of a ballot measure by a local agency is somewhat diminished by the preparation of pro and con ballot arguments and an impartial analysis of the ballot measure by the Legislative Analysis. But nothing “suggests that other public agencies are foreclosed from providing objective information on a proposed ballot measure”). 26 California Government Code section 8314(d) provides: PAGE 8/BALLOT MEASURE ADVOCACY AND THE LAW Nothing in this section shall prohibit the use of public resources for providing information to the public about the possible effects of any bond issue or other ballot measure on state activities, operations, or policies, provided that (1) the information activities are otherwise authorized by the constitution or laws of this state, and (2) the information provided constitutes a fair and impartial presentation of relevant facts to aid the electorate in reaching an informed judgment regarding the bond issue or ballot measure. Cal. Gov’t Code § 8314(d). 27 California Government Code section 8314(e) provides: The incidental and minimal use of public resources by an elected state or local officer, including any state or local appointee, employee, or consultant, pursuant to this section shall not be subject to prosecution under Section 424 of the Penal Code. Cal. Gov’t Code § 8314(e). 28 See Stanson, 17 Cal.3d at 221, 130 Cal.Rptr. at 707-08. 29 Id. 30 See Cal. Gov’t Code § 3207 (allowing local agencies to prohibit or restrict officers and employees from engag- ing in prohibited activity during work hours and on the local agency’s premises). 31 See Cal. Gov’t Code § 3206. 32 California Penal Code section 72.5(b) provides: Every person who, knowing a claim seeks public funds for reimbursement of costs incurred to gain admittance to a political function expressly organized to support or oppose any ballot measure, presents such a claim for allowance or for payment to any state board or officer, or to any county, city, or district board or officer authorized to allow or pay such claims is punishable either by imprisonment in the county jail for a period of not more than one years, by a fine of not exceeding one thousand dollars ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000), or by both such imprisonment and fine. Cal. Penal Code § 72.5. 33 See Cal. Gov’t Code § 82030. See also Breakzone Billiards v. City of Torrance, 81 Cal.App.4th 1205 (2000) (an elected official does not have a financial interest in a contract between a vendor and the city). 34 California Government Code section 3205(a) provides: An officer or employee of a local agency shall not, directly or indirectly, solicit a political contribution from an officer or employee of that agency, or from a person on an employment list of that agency, with knowl- edge that the person from whom the contribution is solicited is an officer or employee of that agency. Cal. Gov’t Code § 3205(a). 35 See Cal. Gov’t Code § 3205 36 California Government Code section 3209 provides: Nothing in this chapter prevents an officer or employee of a state or local agency from soliciting or receiving political funds or contributions to promote the passage or defeat of a ballot measure which would PAGE 9/BALLOT MEASURE ADVOCACY AND THE LAW affect the rate of pay, hours of work, retirement, civil service, or other working condition of officers or employ- ees of such state or local agency, except that a state or local agency may prohibit or limit such activities by its employees during working hours and may prohibit or limit entry into governmental offices for such purposes during working hours. Cal. Gov’t Code § 3209. 37 See Cal. Gov’t Code § 89512.5. 38 See 26 U.S.C. § 527(c). 39 See 26 U.S.C. § 527(e)(2) (definition of “exempt function”). 40 See California Fair Political Practices Commission, Response to League of California Cities’ Request for Informal Assistance No. I-92-567, September 11, 1992, at 2-4. 41 See California Fair Political Practices Commission, Response to League of California Cities’ Request for Informal Assistance No. I-89-669, February 7, 1990, at 5-6. See also Cal. Gov’t Code § 84302. 42 See Cal. Penal Code §§ 72.5(b) (use of public funds to attend a political function to support or oppose a ballot measure); 424 (misappropriation of public funds); 484-87 (theft). 43 See Cal. Penal Code § 424(a)(7). 44 See Cal. Gov’t Code § 8314. 45 See generally Tenwolde v. County of San Diego, 14 Cal.App.4th 1083, 17 Cal.Rptr.2d 789 (4th Dist. 1993), rev. denied June 10, 1993. 46 See Cal. Gov’t Code § 84203.5. 47 See Cal. Gov’t Code § 83116 (sanctions include cease and desist orders, the filing of required reports, state- ments, or other documents, and monetary penalties of up to five thousand dollars for each violation). PAGE 10/BALLOT MEASURE ADVOCACY AND THE LAW 1400 K Street, Suite 400 Sacramento, California 95814 Phone 916/658-8200 • Fax 916/658-8240 www.cacities.org Not printed with public funds. A RULE OF THUMB: A city official should always first consult with the city's attorney concerning the propriety of any given course of conduct. Need more information? To learn more about the League's ballot measure, and rules for city officials, please visit the League's website at www.cacities.org. The League thanks Steven Lucas of the law firm Nielsen, Merksamer, Parrinello, Mueller & Naylor, LLP, for his contributions to this publication. WORKING ON A BALLOT MEASURE CAMPAIGN: SOME RULES FOR CITY OFFICIALS DON’T USE PUBLIC FUNDS All contributions to the ballot measure of your time and resources must be made with non-public funds. This means no public facilities or equipment (phones, computers, email accounts, vehicles, copy machines or any other equipment) may be used to plan or promote ballot measure activities, including fundraising. No public funds may be used in support of your campaign activities. CAMPAIGN ON YOUR OWN TIME Keep good records.Track your time and your use of private equipment used in ballot measure activities, so you are able to document that no public funds were used. City officials interested in working for the League ballot measure, including participating in CITIPAC fundraising, should start by contacting their League Regional Representative. THE DO’S: City officials and city employees MAY : •Wo rk on the campaign during their personal time, including lunch hours, coffee breaks, vacations, etc. •Make a campaign contribution to a ballot measure campaign committee using personal funds, and/or attend a campaign fundraiser during personal time. •Make public appearances during personal time advocating the ballot measure. •Have the city council adopt a resolution that officially endorses the ballot measure and confirms the prohibition on using government funds for political purposes at a public meeting. THE DON’TS:City officials and city employees may NOT: DON’T •Distribute campaign literature through the city’s internal mail system. DON’T •Place campaign literature on employee bulletin boards, on the city’s web page, or elsewhere on city government premises. DON’T •Make public appearances speaking in favor of the ballot measure during compensated work hours. DON’T •Make telephone calls about the campaign during compensated work hours. DON’T •Wa lk precincts, draft campaign ads, or perform other campaign tasks during compensated work hours, or assign subordinates to do same. DON’T •Add a link from the city website to a campaign website. DON’T •Send or receive campaign-related emails on city computers. DON’T •Urge other city employees to vote for the measure during compensated work hours. DON’T •Use city copy machines, telephones, fax machines, computers, stationery, etc. for campaign purposes. DO’S AND DON’TS FOR CITY OFFICIALS AND CITY EMPLOYEES There are two simple, but very important rules city officials and employees should follow if they want to get involved in campaign activities in support of the League’s ballot measure to strengthen constitutional protections for local revenues. “City officials interested in working for the League ballot measure, including participating in CITIPAC fundraising, should start by contacting their League R egional Representative.” www.fppc.ca.gov advice@fppc.ca.gov 1.866.275.3772 or 916.322.5660 FPPC TAD • 048-01-2013 • Page 1 of 4 California Fair Political Practices Commission Mass Mailings Paid For With Public Funds This fact sheet provides guidance on restrictions contained within the Political Reform Act (“Act”) related to mass mailings sent at public expense under Regulation 18901. While it is not possible to address all types of mailings in this fact sheet, public agencies and elected officers are encouraged to use the advice service provided by the Fair Political Practices Commission (“FPPC”) for specific guidance. When requesting advice on a specific item, a sample of the mailing must be provided. There are laws outside of the Act that may apply to certain mailings, such as the misuse of public funds, so it is important to also contact your agency’s legal counsel. Notwithstanding Regulation 18901, a mailing featuring an elected officer or including a reference to an elected officer sent with public funds shortly before an election in which the officer is a candidate on the ballot may be prohibited under Regulation 18901.1. For questions regarding Regulation 18901.1, you are encouraged to contact the FPPC for advice even in those instances in which the mailing may be permissible under Regulation 18901. Background In June 1988, voters passed Proposition 73, which contained a provision that simply states: “No newsletter or other mass mailing shall be sent at public expense.” (Government Code Section 89001.) A literal reading of this section led to the conclusion that all mass mailings involving public funds, irrespective of content or purpose, were prohibited. To avoid this result and implement the intent of the statute, the FPPC adopted Regulations 18901 and 18901.1. In addition, the FPPC has issued several advice letters regarding specific questions. Prohibited Mailings Under Regulation 18901, a mailing is prohibited under the Act if each of the following criteria is met, unless the item meets one or more exceptions. (1) Delivery. A tangible item, such as a newsletter or brochure, is delivered, by any means, including by transmission of a fax, to a person’s residence, place of employment or business, or post office box. Note: (2) Item Features an Elected Officer. The item sent either features an elected officer affiliated with the agency (by including the officer’s photo or signature, or singling out the officer by the manner his or her name or office is displayed), or the item includes a reference to an elected officer affiliated with the agency and the item is prepared or sent in cooperation with the elected officer. Emails, website postings, text messages, and recorded telephone messages/ robocalls are not considered tangible items and therefore, not subject to the Act’s mass mailing at public expense restrictions. (3) Public Moneys. Any of the costs of distribution are paid for with public moneys, or if public funds are not used for the actual distribution, in excess of $50 in public moneys is used to design, produce, or print the item and the design, production, or printing is done with the intent of sending the item other than as permitted by Regulation 18901. (4) Mass Mailing. More than 200 substantially similar items are sent in a calendar month, excluding any item sent in response to an unsolicited request. California Fair Political Practices Commission Mass Mailings Paid for With Public Funds www.fppc.ca.gov FPPC Advice: advice@fppc.ca.gov (866.275.3772) FPPC TAD • 048-1-2013 • Page 2 of 4 Exceptions – Permissible Mailings Letterhead. A mailing in which the elected officer’s name appears only in the letterhead or logotype of the stationery, forms, and envelopes of the agency, or in a roster listing containing the names of all elected officers of the agency. The names of all elected officers must appear in the same size, font type, color, and location. The item may not contain an elected officer’s photo, signature, or any other reference to the officer. Meeting Announcement. A "public meeting" announcement sent only to an elected officer's constituents so long as the meeting is directly related to the elected officer’s governmental duties and he or she intends to attend. The item may not contain the elected officer’s photo or signature and may include only a single mention of the elected officer. Event Announcement. An announcement of any official agency event or events for which the agency is providing the use of its facilities or staff, or other financial support. The item may not contain the elected officer’s photo or signature and may include only a single mention of the elected officer. Normal Agency Business Practices. The following items are not restricted by the Act’s mass mailing prohibition. • Press releases sent to members of the media. • Any item sent in the normal course of business from one governmental entity or officer to another governmental entity or officer. • Any intra-agency communication sent in the normal course of business to employees, officers, deputies, and other staff. • Tax bills, checks, and similar documents, in any instance where use of the elected officer's name, office, title, or signature is necessary to the payment or collection of the funds. • A telephone directory, organization chart, or similar listing or roster that includes the names of elected officers as well as other individuals in the agency sending the mailing. • Business cards that do not contain an elected officer’s photo or more than one mention of the elected officer’s name. Constituent Requests. Responses to unsolicited requests are not subject to the Act’s mass mailing restrictions. “Unsolicited request” means a written or oral communication that specifically requests a response and that is not requested or induced by the elected officer or any third person acting at the officer’s behest. If a person requests continuing information, an elected officer may send multiple responses directly related to that subject for up to 24 months. Example: A city councilmember received calls from 50 constituents with questions related to a nearby retail shopping center project. The councilmember may send a response (e.g., flyer), which directly addresses their questions, to those 50 people. The 50 flyers would not be subject to the Act’s mass mailing restrictions and therefore, could contain the councilmember’s photo and/or signature. In addition, the 50 flyers would not count toward the 200-item per calendar month limit, so the councilmember could send the flyer (or a substantially similar item) to up to 200 other constituents. California Fair Political Practices Commission Mass Mailings Paid for With Public Funds www.fppc.ca.gov FPPC Advice: advice@fppc.ca.gov (866.275.3772) FPPC TAD • 048-1-2013 • Page 3 of 4 Frequently Asked Questions 1. Q. A city would like to send a newsletter by email, which contains pictures of the mayor and city council members at a groundbreaking ceremony. Is this permissible? A. Yes. Emails are not considered “tangible” and therefore, not subject to the Act’s mass mailing prohibitions. However, there may be laws outside of the Political Reform Act that apply, such as the misuse of public funds. 2. Q. A State Senator plans to send a town hall meeting announcement by mail. One side of the item will include the meeting details and include one use of the Senator’s name. The reverse side will be prepared with the Senator’s name only in the return address of the mailer. Is the mailing permissible? A. Yes. Each of the mentions of the Senator’s name fall within applicable exceptions (meeting announcement and letterhead/envelope). 3. Q. A school district publishes a newsletter mentioning the activities of its elected board members, which is funded in part by district funds and in part through advertising revenues. Each month the newsletter is mailed to all employees of the school district, homes of the students, and various other community members. Is it permissible to include information related to various events at school sites throughout the district and note the school board members who were in attendance? A. No. Assuming that more than 200 newsletters are mailed, this item meets the four criteria of a prohibited mass mailing. 4. Q. A City Chamber of Commerce sends a bi-monthly newsletter mentioning the names of city council members to its 500 members and certain other business contacts and city officials. The Chamber receives money directly from the city as part of the city’s budget for economic enhancement projects, and indirectly, through a lease subsidy. Would it be permissible for the Chamber to include photos of city council members in the newsletter? A. Yes. Since the city does not expressly provide funding for the production, publishing, or distribution of the newsletter, the “public moneys” criteria is not met so the mailing is permissible. 5. Q. The State Treasurer wishes to advertise a college savings bond program by placing ads in newspapers of general circulation. Is this permissible? A. Yes. A person who subscribes to newspapers or other periodicals published by persons other than elected officers shall be deemed to have made unsolicited requests for materials published in those subscription publications; therefore, the Act’s mass mailing restrictions do not apply. 6. Q. A county supervisor would like to send an announcement to each of her constituents’ homes with information about an upcoming special event sponsored by the county. One side of the mailer will be in English, the reverse side will be in Spanish, and the county supervisor’s name will be included on both sides. Is this mailing permissible? California Fair Political Practices Commission Mass Mailings Paid for With Public Funds www.fppc.ca.gov FPPC Advice: advice@fppc.ca.gov (866.275.3772) FPPC TAD • 048-1-2013 • Page 4 of 4 A. Yes. Identical items in two different languages would be considered two different mailings; therefore, the officer’s name may be mentioned once on each side. 7. Q. A city councilmember plans to send a mailer inviting constituents to a neighborhood meeting. The councilmember’s name is only mentioned once but the mailer also references the councilmember’s district. Is this mailing permissible? A. No. The mention of the councilmember’s district is considered a second reference to the councilmember; therefore, the mailing is prohibited. 8. Q. A city councilmember would like to send a flyer on his letterhead to constituents who surround a particular retail shopping center. The councilmember’s name is included only in the letterhead, but the flyer includes other references to the councilmember such as “I” and “we.” Is this mailing permissible? A. No. Although generally a mailing sent on an elected officer’s letterhead falls under the “letterhead” exception, this exception does not apply if the item makes any other reference to the elected officer. The Commission has determined that using pronouns such as “I” and “we” are considered additional references to the elected officer. Statutory and Regulatory Authority Government Code Sections: 82041.5, 83112, 89001 Regulations: 18901 Advice Letters: Olson, No. I-11-103; Parks, No. I-10-013; Hansen, No. A-09-078; Laredo, No. I-06-105; Jacobs, No. A-06-076; Perea, No. A-02-260; Halpenny, No. A-02-110; Pang, No. A-97-559; McGuire, No. I-96-240; Geiogue, No. A-91-193 New Rules for Campaign Related Communications by a Governmental Agency Provisions outside of the Political Reform Act, not summarized here, also restrict the use of public resources for campaign or private purposes. (See Cal. Const., art. XVI, § 6; Gov. Code §§ 3207 and 8314; Ed. Code §§ 7054 et seq.; Pen. Code §§ 424, 503, and 504; Stanson v. Mott (1976) 17 Cal. 3d 206; and Vargas v. City of Salinas (2009) 46 Cal.4th 1.) In addition to the new rules summarized below, the Political Reform Act also prohibits an agency from sending, at public expense, a mass mailing that features an elected officer. (See Section 89001 and Regulation 18901.) Regulation 18420.1. The Political Reform Act requires a person to report campaign expenditures if the person qualifies as a committee. A person, including a state or local governmental agency, qualifies as a committee if it does any of the following: • Accepts contributions of $1,000 or more. • Makes independent expenditures of $1,000 or more. • Makes contributions of $10,000 or more. A state or local agency making payments for campaign related communications may become a committee subject to reporting if the payments qualify as contributions or independent expenditures. (See Regulation 18420.) Regulation 18420.1 provides the Commission’s rules for determining when a payment for a communication by a state or local agency is a contribution or independent expenditure. In short, a payment of public moneys for a communication by a state or local agency is a contribution or independent expenditure if the communication (1) expressly advocates the election or defeat of a clearly indentified candidate or the qualification, passage, or defeat or a clearly indentif ied measure or (2) unambiguously urges a particular result in an election. If the payment is made at the behest of the affected candidate or committee, the payment is a contribution. Otherwise, the payment is an independent expenditure. Under this test, the determination of whether a communication “expressly advocates” is relatively straightforward and requires only an analysis of whether the communication contains so called “magic words” of advocacy such as the following words of phrases: • “Vote For” • “Elect” • “Support” • “Cast Your Ballot” • “Vote Against” • “Defeat” • “Reject” • “Sign Petitions For” A communication “unambiguously urges a particular result in an election” if it (1) is clearly campaign material or activity or (2) can be reasonably characterized as campaign material or activity and is not a fair presentation of facts serving only an informational purpose. If related to an election, payments of public moneys by a state or local agency for the following materials or activities are clearly campaign materials or activities: • Bumper stickers. • Billboards. • Door-to-door canvassing. • Mass Media Advertising including, but not limited to, television and radio spots. For other communications, the determination of whether the material or activity can be reasonably characterized as campaign material or activity requires a case-by-case analysis of the planned communication and the context in which it is made. The style, tenor, and timing of a communication are critical for making this determination. Other factors that assist in determining whether any specific communication can be reasonably characterized as campaign material or activity include, but are not limited to, whether the communication is any of the following: • Funded from a special appropriation related to the measure as opposed to a general appropriation. • Is consistent with the normal communication pattern for the agency. • Is consistent with the style of other communications issued by the agency. • Uses inflammatory or argumentative language. Regulation 18901.1. The Political Reform Act states the general rule, “No newsletter or other mass mailing shall be sent at public expense. The Act further defines “mass mailing” as “over two hundred substantially similar pieces of mail” not including a “form letter or other mail which is sent in response to an unsolicited request, letter or other inquiry.” Regulations 18901 and 18901.1 interpret the Act’s prohibition on mass mailings narrowing the prohibition to mailings that (1) feature or include the name, office, photograph, or other reference to an elected official affiliated with the agency producing or sending the mailer and (2) campaign related mailings by governmental agencies paid for with public moneys. For campaign related mailings, Regulation 18901.1 prohibits a mailing if all of the following criteria are met: • The item sent is a “tangible” item such as a written document, video tape, record, or button and is delivered to the recipient at his or her residence, place of employment or business, or post office box. • The item sent (1) expressly advocates or (2) unambiguously urges a particular result in an election. • The agency (1) pays to distribute the item or (2) pays costs, exceeding $50, reasonably related to designing, producing, printing, or formulating the content of the item including, but not limited to, payments for polling or research and payments for the salary, expenses, or fees of the agency’s employees, agents, vendors, or consultants with the intention of sending the item. • More than two hundred substantially similar items are sent during the course of the election including items sent during the qualification drive or in anticipation of an upcoming election. As with Regulation 18420.1, a mailing “unambiguously urges a particular result in an election” if the communication (1) can be reasonably characterized as campaign material or activity and (2) is not a fair presentation of facts serving only an informational purpose when taking into account the style, tenor, and timing of the communication. Example. City Council, facing a substantial reduction in revenue should a local measure be approved by the City’s voters in an upcoming election, votes to cut numerous services if the measure is adopted. In an effort to inform the City’s residents of the council’s decision, the City may: • Post on its website the detailed minutes of all council meetings relating to the council’s action, with the detailed and analytical reports prepared by the various municipal departments and presented by department officials during the meetings. • Provide copies of a document merely listing the services and program reductions the city council had voted to implement in a public location. Should the city mail materials related to the measure to potential voters, the materials may be campaign material or activity and may be prohibited if more than two hundred items are mailed in the course of the election, although a mailing is not campaign material or activity if the mailing is a fair presentation of facts serving only an informational purpose. For instance, the city may publish and mail a regular edition of its newsletter containing various articles describing the proposed reductions in city services that the council had voted to implement, if the measure is adopted. However, the articles should be objective and nonpartisan. Articles that convey a city department’s views regarding the importance of a specific service must be moderate in tone and may not exhort the voters with regard to how they should vote. (See Vargas v. City of Salinas, supra, 46 Cal.4th 1.) On the other hand, a specially funded flyer, inconsistent with regular mailings by the City unrelated to an election matter, that list the benefits of the measure in an argumentative or inflammatory manner would be considered campaign materials or activity, may subject the City to reporting under the Act’s campaign reporting provisions, and may be prohibited as an illegal mass mailing. As stated above, the style, tenor, and timing of a communication assist in determining whether any particular communication is campaign material or activity. For example, the following bumper sticker distributed by a school district would not be campaign material or activity if had no relationship to an upcoming election or ballot measure: The bumper sticker, however, is campaign material or activity if the circumstances in which it is distributed indicate that the bumper sticker is related to an election. For example, the bumper sticker above would be considered campaign material or activity if distributed by the school district simultaneously with the distribution of the following campaign flyer, using the same logotype, by a political campaign: Finally, it is important to remember that the entirety of the communication and the factual circumstances under which the communication was made must be considered in determining whether any particular communication is campaign material or activity. Merely labeling a communication as “informational” is not determinative as to whether a communication is informational material or campaign material or activity. City Council Protocol Manual 2011 Financial Matters 15 Communications 17 Conflicts of Interest 20 Interaction with City Staff / Officials 24 City Council Meetings 30 Protocol Administration 38 Appendix 40 General Powers & Responsibilities 5 Support Provided to Council 13 Introduction and Overview 1 CHAPTERS PAGE Arcata City Council Shane Brinton Susan Ornelas Alexandra Stillman Mark Wheetley Michael Winkler Revised 4/2011 ATTACHMENT 2 City of Arcata 736 F Street Arcata, CA 95521 (707) 822‐5951 © 2011 Page iii TABLE OF CONTENTS Page CHAPTER ONE—Introduction and Overview 1 1.01 Council‐Manager Form of Government 1 1.02 Purpose of the Protocol Manual 1 1.03 Overview of Basic City Documents 1 1.04 Orientation of New Members 4 CHAPTER TWO— Council General Powers & Responsibilities 5 2.01 Arcata City Council, Generally 5 2.02 Role of Councilmembers 5 2.03 Role of the Mayor 7 2.04 Vice‐Mayor, Absence of Mayor and Councilmembers 7 2.05 Resignation of Mayor and Vice‐Mayor 7 2.06 Emergency Response 7 2.07 Appointment of Officer 8 2.08 Board, Commissions, Committees and Task Forces 8 2.09 Service on Outside Boards 12 2.10 Incompatibility of Offices 12 CHAPTER THREE— Support Provided to City Council 13 3.01 Staff/Clerical Support 13 3.02 Office Equipment 13 3.03 Meeting Rooms 14 3.04 Mail Deliveries 14 3.05 Council Library 14 CHAPTER FOUR— Financial Matters 15 4.01 Council Compensation 15 4.02 Budget 15 4.03 Financial Disclosure 15 4.04 City Travel Policy and Procedures 15 4.05 City Credit Card Policy 16 Page iv TABLE OF CONTENTS Page 17 CHAPTER FIVE— Communications 17 5.01 Overview 17 5.02 Correspondence from Councilmembers 17 5.03 Local Ballot Measures 18 5.04 Proclamations 18 5.05 State Public Disclosure Act 20 CHAPTER SIX— Conflicts of Interest 20 6.01 Ethics, AB 1234, Ethics Training 20 6.02 Conflicts of Interest 24 CHAPTER SEVEN— Interaction with City Staff 24 7.01 Overview 24 7.02 Council‐Manager Form of Government 25 7.03 Non‐Interference by City Council 25 7.04 City Council / City Manager Relationship 26 7.05 City Council / City Staff Relationship 25 7.06 City Council / City Attorney Relationship 28 7.08 Dissemination of Information 28 7.09 Magnitude of Information Request 28 7.10 Staff Relationship to Advisory Bodies 29 7.11 Restrictions on Political Involvement by Staff 29 7.12 Council Attendance Policy 30 CHAPTER EIGHT— City Council Meetings 30 8.01 Meeting Schedule 30 8.02 Public Notice of Meetings and Hearings 31 8.03 Emergency Meetings 31 8.04 Special Meetings 32 8.05 Study Sessions 32 8.06 Placing Items on the Agenda Page v TABLE OF CONTENTS Page 8.07 Development of Agenda 33 8.07.1 Communications Received After Agenda Preparation 33 8.08 Video / DVD, Web Streaming and Audio Recordings of Meetings 34 8.09 Order of Business 34 8.10 Council Action 36 8.11 Legislative and Quasi‐Judicial Actions of the Council 36 8.12 General Parliamentary Procedure 36 8.13 Public Participation at Meetings 37 CHAPTER NINE— Protocol Administration 38 9.01 Biennial Review 38 9.02 City Attorney as Protocol Advisor 38 9.03 Adherence to Non‐interference Policy 38 9.04 Applicability of Protocol Manual 38 APPENDIX 40 A — List of City Plans A‐1 B — Ralph M. Brown Act (Gov Code Sections 54950—54963) B‐1 C — City Travel Policy C‐1 D — City Credit Card Policy D‐1 E — City of Arcata Approved Proclamations E‐1 F — City of Arcata Ethics Code F‐1 G — ICMA Code of Ethics G‐1 H — Rosenbergs’s Rules of Order H‐1 I — Typical and Routine Mayoral Functions I‐1 J — The Ethical Hazards of City Council Members Attending Other Board’s Meetings J‐1 The City of Arcata has a Council‐Manager form of government. As described in the Municipal Code and the Government Code of California, certain responsibilities are vested in the City Council and the City Manager. Basically, this form of government prescribes that a City Council’s role is that of a legislative policy‐ making body which determines not only the local laws that regulate community life, but also determines public policy and gives direction to the City Manager to administer the affairs of the city government in a businesslike and prudent manner (Arcata Municipal Code Title II and California Government Code § 34100, et seq.). The City of Arcata was incorporated in 1858. At that time, the separately elected City Clerk was the administrative officer for municipal affairs. There was also a separately elected City Treasurer. The City Coun‐ cil established Arcata as a Council‐Manager form of government in 1958 and hired its first City Manager that year. Shortly after that, the position of City Clerk was changed from elected to appointed and the City Treas‐ urer position was changed to the appointed Finance Director position. As a City Councilmember, you not only establish important and often critical policies for the community of Arcata, you are also a board member of a public corporation having an annual budget of several million dollars. The scope of services and issues addressed by the city organization go well beyond those frequently reported in the newspaper or discussed at City Council meetings. The City of Arcata has prepared its own Protocol Manual to assist the City Council by documenting accepted practices and clarifying expectations. Administration of City Council affairs is greatly enhanced by the agreement of the City Council and staff to be bound by these practices. While attempting not to be overly restrictive, procedures are established so that expectations and practices can be clearly articulated to guide Councilmembers in their actions. Page 1 CHAPTER ONE—Introduction and Overview 1.02—Purpose of City Council Protocol Manual 1.01—Council-Manager Form of Government This Protocol Manual provides a summary of important aspects of City Council activities. However, it cannot incorporate all material and information necessary for undertaking the business of the City Council. Many other laws, plans, and documents exist which bind the City Council to certain courses of action and practices. The following is a summary of some of the most notable documents that establish City Council direction. 1.03—Overview of Basic Documents Page 2 Basic City Governing Documents A complete list of City plans and implementation programs is provided in Appendix A. A. Codes of the State of California The state laws contain many requirements for the operation of city government and administration of meetings of city councils throughout the state. Arcata is a “general law city” which means it operates un‐ der applicable general laws of the state. As a general law city of the state of California, Arcata is vested with all the powers of incorporated cities as set forth in the California Constitution and the applicable California state laws. Conversely, there are a number of cities within California that are “charter cities” and have adopted local provisions that establish basic governing procedures for local government (California Govern‐ ment Code §§ 34100‐34102). B. Arcata Municipal Code The Municipal Code contains local laws and regulations adopted by ordinances. Title I and Title II of the Code address the role of the City Council, describe the organization of City Council meetings and respon‐ sibilities, and appointment of certain City staff positions, advisory boards, and commissions. Boards and commissions are also addressed in Title III. In addition to these administrative matters, the Municipal Code contains a variety of laws including, but not limited to, zoning standards, health and safety issues, traffic regulations, building standards, and revenue and finance issues. C. Council’s Goals & Priority Projects The City Council sets both long‐term and short‐term goals for the City each spring. The goal‐setting process includes a review of the previous year’s goals including progress toward completion and updating. The budget is then written with the objective of working toward completion of those goals. D. Annual Budget The annual budget is set for the fiscal year beginning July 1 and ending June 30. It is the primary tool and road map for accomplishing the goals of the City. The budget document is the result of one of the most important processes the City undertakes. By adopting the annual budget, the City Council makes policy deci‐ sions, sets priorities, allocates resources, and provides the framework for government operations. Study ses‐ sions on the budget are held in May and public hearings in June with adoption at the second City Council meeting in June. Page 3 E. Annual Financial Audit The annual financial audit includes the financial statements of the City of Arcata for the fiscal year. It includes the financial condition of the City as reflected in the balance sheet, the results of operations as re‐ flected in income statements, an analysis of the uses of City funds, and related footnotes. The annual finan‐ cial audit includes statements for the various groups of funds and a consolidated group of statements for the City as a whole. The City Council has the responsibility of hiring an independent auditor, and of reviewing and accepting the audit. F. General Plan A state‐mandated General Plan addresses the City’s long‐range planning needs relative to land use, transportation, economic development, and other planning elements. The City’s General Plan is reviewed on an ongoing basis, but mandatory elements may only be revised four times a year; however, certain amend‐ ments necessary for affordable housing development are not subject to this limitation (California Govern‐ ment Code § 65358). G. Five‐year Capital Improvement Plan The Five‐year Capital Improvement Program serves as a guide for determining priorities, planning, financing, and construction of capital projects which add to, support, or improve the physical infrastructure, capital assets, or productive capacity of City services. H. Disaster Preparedness Plan The City maintains a disaster preparedness plan that outlines actions to be taken during times of ex‐ treme emergency. The Mayor is called upon to declare the emergency, and then the City Manager directs all disaster response activities. The City Council may be called upon during an emergency to establish policies related to a specific incident. The chain of command is as follows: The City Manager is the Director of Emergency Services The City Manager may appoint an Assistant Director of Emergency Services (See Arcata Municipal Code Title II, Chapter 6, §§ 2700–2709) Page 4 It is important for the members of the City Council to gain an understanding of the full range of ser‐ vices and programs provided by the City. As new members join the City Council, the following orientation will be provided to each member in a timely manner. a. The City Manager will host an orientation program to distribute materials outlining City pol‐ icy and protocol. b. The City Manager will facilitate a meeting with the City Attorney for conflict‐of‐interest train‐ ing, review of current legal matters, review of parliamentary procedure, and updates on la‐ bor negotiations. c. The City Manager will arrange a meeting with Personnel prior to the first pay period to cover information reviewed with all City employees (e.g., benefits elections, I‐9, retirement op‐ tions, etc.). d. The City Manager will arrange meetings with key Department Heads to be briefed on current projects within his/her Department and to tour City facilities. e. The City Manager will arrange an opportunity for "ride alongs" with the Arcata Police Depart‐ ment. f. The City Manager's assistant will arrange a meeting for a briefing on various aspects of City Hall, including, but not limited to, travel procedures, email, phone service, etc. g. The City Manager will provide information for attendance at the League of California Cities' New Mayors and Council Members Academy. Orientation of New Members— 1.04 Fundamentally, the powers of the City Council are to be utilized for the good of the community and its residents; to provide for the health, safety, and general welfare of the citizenry. The City Council is the policy‐making and law‐making body of the City. State law and local ordinances define the powers and re‐ sponsibilities of the Council. It is important to note that the Council acts as a body. No member has any extraordinary powers beyond those of other members. While the Mayor has some additional ceremonial and presiding officer re‐ sponsibilities as described below, when it comes to establishing policies, voting, and in other significant ar‐ eas, all members are equal. It is also important to note that policy is established by at least a majority vote of the Council. While individual members may disagree with decisions of the majority, a decision of the major‐ ity does bind the Council to a course of action. Councilmembers should respect adopted Council policy. In turn, it is staff’s responsibility to ensure the policy of the majority of the Council is upheld. Actions of staff to pursue the policy direction established by a majority of Council do not reflect any bias against Councilmembers who held a minority opinion on an issue. A. Council Non‐Participation in Administration In order to uphold the integrity of the Council‐Manager form of government and to provide proper checks and balances, members of the City Council shall refrain from becoming directly involved in the admin‐ istrative affairs of the City, unless directed by a majority of the Council to participate in a policy or project. As the Council is the policy‐making body and the maker of local laws, its involvement in enforcement of ordi‐ nances would only damage the credibility of the system. Page 5 CHAPTER TWO — Arcata City Council General Powers and Responsibilities Members of the Arcata City Council are collectively responsible for establishing policy, adopting an annual budget, and providing vision and goals to the City Manager. The following outline is a brief descrip‐ tion of the various duties of Councilmembers. The description is not intended to be comprehensive, but rather it is an effort to summarize the primary responsibilities of the Council. 2.02—Role of Councilmembers 2.01—Arcata City Council, Generally Page 6 Summary of Council Duties and Responsibilities as Provided in State Law 1. Councilmembers serve as the: a. City Council b. Governing Body for the Successor Agency to the Arcata Community Development Agency c. City of Arcata Joint Powers Financing Authority d. Personnel Board 2. Establish Policy a. Adopt goals and objectives b. Establish priorities for public services c. Adopt/amend the operating and capital budgets d. Approve contracts over $25,000 e. Adopt resolutions 3. Enact Local Laws a. Adopt ordinances 4. Supervise Appointed Officials a. Appoint City Manager and City Attorney b. Evaluate performance of City Manager and City Attorney c. Establish boards, commissions, committees and task forces d. Make appointments to such bodies e. Provide direction to advisory bodies 5. Make Decisions a. Study problems b. Review alternatives c. Determine best course of public policy d. Call special elections as necessary A. Presiding Officer The Council selects the Mayor by a majority vote each year on the second Tuesday of December. The Mayor serves as the presiding officer, unless otherwise delegated, and acts as chair at all meetings of the City Council. The Mayor sets the Agenda for regular and special Council meetings. The Mayor may participate in all deliberations of the Council in the same manner as any other member and is expected to vote in all pro‐ ceedings, unless a conflict of interest exists. During Council proceedings, the Mayor facilitates discussion, gauges direction, and listens for majority support prior to calling for a vote on a motion. The Mayor does not possess any power of veto. State law allows the Mayor to move or second an action. As a matter of Arcata tradition, the Mayor does not make a motion and will only second a motion in rare and unusual circum‐ stances (California Government Code §§ 36801–36815). A list of the typical routine functions of the Mayor is included in Appendix I. B. Ceremonial Representative and Other Duties of the Mayor Responsibility to act as the City Council’s ceremonial representative at public events and functions has been assigned to the Mayor. In the Mayor’s absence, the Mayor shall appoint a Councilmember to per‐ form the ceremonial role. However, all Councilmembers are encouraged to participate. The Mayor may initi‐ ate and execute certificates of appreciation and recognition, and Council‐approved proclamations. The Mayor has the responsibility of making liaison, board and committee assignments for Councilmembers with those assignments to be ratified by the Council. Page 7 In the absence of the Mayor, the Vice‐Mayor shall perform the duties of the Mayor. The Council se‐ lects the Vice‐Mayor by a majority vote each year on the second Tuesday of December. When both the Mayor and Vice‐Mayor are absent, the Mayor will designate from amongst the Councilmembers a person to serve as Acting Mayor, who shall, for the term of such absence, have the powers of the Mayor. [See 7.12] 2.04— Vice-Mayor, Absence of Mayor and Councilmembers 2.03— Role of the Mayor 2.05— Resignation of Mayor or Vice-Mayor If the Mayor or Vice‐Mayor resigns, the City Council will select a new Mayor or Vice‐Mayor. 2.06— Emergency Response The City Council may proclaim, and the Mayor shall sign, a declaration of emergency. If the City Council is not in session, the Director of Emergency Services may proclaim the existence of an emergency (Arcata Municipal Code, Title II, Chapter 6, § 2703). Page 8 The City Council is responsible for appointing two positions within the City organization‐‐the City Manager and the City Attorney. The City Manager and the City Attorney serve at the pleasure of the Council. The City Manager is responsible for all personnel within the City organization. Appointment of Officers—2.07 A. Appointments Made by the Council Boards, commissions, committees, and task forces provide a great deal of assistance to the Arcata City Council when formulating public policy and transforming policy decisions into action. The City has sev‐ eral standing boards commissions and committees. In addition, special purpose task forces are often ap‐ pointed by the City Council to address specific issues of interest on a limited duration basis. These ad hoc committees will be dissolved upon completion of the intended task. Committees and task forces are purely advisory to the Council, and, in some situations, staff. Commissions have final decision‐making authority, subject to appeal to the City Council, but may also serve in an advisory capacity in certain situations. The Board of Permit Appeals makes final decisions on matters arising under the Uniform Building Code and its final decisions are not subject to review by the City Council. The procedures established in this Manual reflect the policy of the City Council regarding the ap‐ pointment of volunteer citizens to the various bodies of the City. The establishment of these procedures en‐ sures that well‐qualified, responsible, and willing citizens are given the opportunity to serve the City and par‐ ticipate in the governance of their community. The City Council is specifically empowered to create all boards, commissions, committees and task forces, pursuant to the provisions of the Arcata Municipal Code, as the Council deems necessary or advisable. In the exercise of this power, it is the desire of the City Council to establish a consistent policy in its decision‐ making role to fairly and equitably evaluate those citizens of the community who demonstrate a desire to serve on such boards, commissions, committees, or task forces (Arcata Municipal Code Title II, Chapter 3). For full‐term vacancies, the filing period is as determined by Ordinance. For all vacancies, the City Clerk will: 1. Publicly announce the position vacancy and filing period by publication of same in the official newspaper of the City of Arcata and set forth the qualifications required, if any. 2. Notify the incumbent(s) whose term(s) is/are expiring, of such term expiration and invite the incumbent(s) to consider being reappointed. 3. Advertise the position and accept applications when an incumbent’s term expires. Boards, Commissions, Committees and Task Forces—2.08 4. Prepare interview packets for Councilmember review prior to the Council interview period, including: 1) A list of current membership; 2) A list of current vacancies and term expirations; 3) A summary of the duties and responsibilities of the vacant position on the Commission or Committee; 4) The applications; and 5) Recommendations from the staff liaison outlining needed expertise on the Commission or Committee, if any. B. Council Action 1. Council Interview Period. The Council may personally interview each applicant individually, at a time and place to be designated by the Council. However, after reviewing applications, the Council reserves the right to make appointments without conducting interviews. 2. The Council may appoint a sub‐committee to review applications or conduct interviews of applicants and make recommendations to the full Council for appointment. 3. Council Evaluation. After each applicant or member is evaluated or recommended, the Council will deliberate and reach a decision at its earliest convenience. 4. Decision & Announcement. The City Clerk will notify each applicant of the decision of the Council and provide a copy the City Commission/Committee Handbook for new members. The City Clerk will also notify the commission/committee’s staff liaison of the Council’s deci‐ sion, who will, in turn, notify the Chair. In addition, the staff liaison will contact the new member and provide orientation prior to the next scheduled meeting. 5. All Council interviews, deliberations and actions to appoint members to boards, committees and commissions are subject to the Ralph M. Brown Act (state open meetings act, attached as Appendix B), and as such, must be noticed and open to the public. C. Resignations Vacancies occurring in the middle of a term shall be filled by appointment for the unexpired portion of the term in the same manner provided herein for initial appointment [Arcata Municipal Code, Title II, Chapter 3, § 2202(C)]. D. Councilmembers' Roles and Relationships with City Bodies 1. Because the Council has the ability to review decisions made by the commissions and recom‐ mendations made by committees and task forces, Councilmembers shall not be appointed to City boards, commissions, committees, or task forces concurrent with their term of office. 2. Unless specifically authorized by a majority vote of a quorum of the Council, no Councilmem‐ ber shall be authorized to testify before or direct the work of any board, commission, com‐ mittee or task force of the City. Page 9 Page 10 3. If a Councilmember is testifying in such a capacity pursuant to the above provision, testi‐ mony should be undertaken in such a manner as to assure public confidence in the decision‐ making process and avoid the appearance of bias, prejudice, or improper influence. Toward this purpose, the following protocol should be observed: a. Councilmembers shall not testify in matters pending before any commission, com‐ mittee, or task force that will receive, or could potentially receive, future appeal or review before the City Council. Violation of this protocol shall require the Council‐ member to disqualify his or herself from participating in any appeal or review pro‐ ceedings before the City Council. b. Except in matters directly involving personal interests, Councilmembers, in their ca‐ pacity as private citizens, should abstain from providing testimony or influencing de‐ cisions in matters pending before any City board, commission, committee or task force that will receive, or could potentially receive, future review or other action be‐ fore the Council. Where a Councilmember elects to provide such testimony, the fol‐ lowing rules shall apply: (i) The Councilmember shall declare at the outset and upon the record that the Councilmember is present in his or her private capacity as an interested citi‐ zen, and not on behalf of or at the request of the City Council. (ii) The Councilmember shall refrain from stating or implying that the Council‐ member’s position or opinion is that of the City Council. (iii) The Councilmember shall refrain from directing City staff or the advisory body to take any action on behalf of the Councilmember. (iv) The Councilmember shall observe any rules of procedure or protocol that apply to any other private citizen testifying before the advisory board. (v) The Councilmember shall disqualify him or herself from participating in the matter should it come before the Council for review and/or decision. For additional information regarding The Ethical Hazards of Council Members Attending Other Board’s Meetings – See Appendix J. E. City Board, Commission and Committee Members’ Roles and Relationships with other City Bodies. 1. Because commissions and boards may at times review the recommendations of other com‐ missions as well as committees and task forces, commissioners and board members shall not be appointed to other City boards, commissions, committees or task forces concurrent with their terms of office. This policy shall, however, be implemented through attrition such that any current commissioners or board members who may as of April 20, 2011 also sit on an‐ other City body may complete the respective terms for which they were appointed. 2. In furtherance of the goals set out in 2.08(D)(3), above, to assure public confidence in the decision‐making process and avoid the appearance of bias, prejudice, or improper influence, members of boards, commissions, committees and task forces shall observe the following protocol: a. Ordinarily the decision of a board, commission, committee or task force is conveyed to other City bodies or the City Council through the designated staff liaison to the City’s other boards, commissions, committees, and task forces. If, however, a board, commission, committee or task force believes its decision re‐ quires explanation, or will generate questions by the members of the body to which the decision is being referred, that board, commission, committee or task force may, by formal action of the body, designate one of its members to appear as a represen‐ tative before the body to which the decision is referred. The designated representa‐ tive will be allowed to deliver the decision of his or her board, commission, commit‐ tee or task force and answer questions by participating in the delivery of the staff report to the other body. b. When an appointed member of a board, commission, committee or task force elects to provide personal testimony to another City body or the City Council, the following rules shall apply: (i) The member shall declare at the outset and upon the record that the mem‐ ber is present in his or her private capacity as an interested citizen, and not on behalf of or at the request of the body to which he or she is appointed. (ii) The member shall refrain from stating or implying that the member’s posi‐ tion or opinion is that of the body to which he or she is appointed. (iii) The member shall refrain from directing City staff or the body to which he or she is appointed to take any action on behalf of the member. (iv) The member shall observe any rules of procedure or protocol that apply to any other private citizen testifying before the City bodies or the City Council. (v) Members of boards and commissions who chose to provide personal testi‐ mony before other City bodies may be required to disqualify themselves from participating in that matter should it come before his or her board or commission for review and/or decision if issues of bias would prevent the board or commission from impartial decision‐making. Page 11 Page 12 Councilmembers are often requested to serve on outside boards, councils, commissions, or commit‐ tees. This type of representation serves to facilitate communication and provide interaction with other gov‐ ernmental bodies. The City Council appoints members to some of these groups on an as‐needed or as‐ requested basis. Councilmembers participating in policy discussions at regional meetings will represent the consensus of the Council, except where regional appointment requires regional opinion. Councilmembers may speak before other entities outside the City, but should identify whether they are appearing as a representative of the City. Personal positions, when given, will be identified and not represented as the position of the City. Assignment and direction of staff in relation to regional meetings are at the discretion of the City Manager. Service on Outside Boards—2.09 In general, California law prohibits public officials from simultaneously holding more than one public office when the functions or responsibilities of the two offices have the potential for overlapping. This prohi‐ bition arises from a concern over the potential clash of two public offices held by a single official with poten‐ tially overlapping public duties. The Legislature may, however, expressly authorize through legislation the holding of two offices notwithstanding the fact that the dual holding would otherwise be prohibited. For ex‐ ample, the Legislature has exempted local agency formation commissions, the Coastal Commission, joint powers agencies, and transportation corridor agencies. Incompatibility of Office—2.10 Staff and administrative support to members of the City Council is provided through the City Man‐ ager’s Office. Secretarial services provided include distributing mail and email, scheduling appointments and receiving messages. All other Council requests for staff services are made by request to the City Manager or Executive Assistant who will assign the appropriate staff member. Sensitivity to workload of support staff is appreciated and turnaround time will vary depending on current work assignments. Page 13 CHAPTER THREE — Support Provided to City Council To enhance Councilmembers’ service to the community and their ability to communicate with staff and the public, the City provides meeting facilities and office equipment for City business. It is important to note that all letters, memoranda, and interactive computer communication (email) involving City Councilmembers and members of advisory boards and commissions, the subject of which re‐ lates to the conduct of government or the performance of any governmental function, with a few exceptions specified in the Public Records Act, are public records. A. Business and Personal Use of City Equipment The City’s electronic equipment and information systems are intended for professional business use by a Councilmember in the performance of their duties. Personal use of City equipment is prohibited. B. Photocopy Machines and Other Equipment 1. Photocopy Machines. Councilmembers are provided a code number for use of the photo‐ copier for City business. 2. Other equipment. Except as provided herein, in no event shall a Councilmember take City property to his or her home. C. Monitoring, Enforcement and Penalties 1. City information systems or storage media are the property of the City of Arcata. The City retains the right to access, copy and change, alter, modify, destroy, delete or erase this prop‐ erty without prior notice to Councilmembers. 3.02—Office Equipment 3.01—Staff/Clerical Support Page 14 2. The City retains the right to monitor and audit email and internet usage. The right to use these technologies does not include the right to privacy. 3. Deleted documents, messages and data may be retrieved from a variety of points in the net‐ work. Councilmembers should assume that electronic evidence discovery might recover de‐ leted or unsaved data. 4. Councilmembers’ use of a personal internet account on City equipment, and Councilmem‐ bers’ use of a City internet account on personal equipment are to be arranged through the City Manager and are subject to the provisions of this policy. Said Councilmembers should be aware that their personal email and electronic files could be monitored by the City and could be reviewed as part of a public records request. Councilmembers may utilize the office space provided in City Hall. Use of other meeting rooms, in‐ cluding the conference room located at City Hall, may be scheduled through the City Manager’s Office. Meeting Rooms—3.03 Members of the City Council receive a large volume of mail and other materials that are delivered primarily through the use of mailboxes located in the City Council’s office. The City Manager’s staff dissemi‐ nates mail to individual Council mailboxes. Staff does not open mail addressed to individual Councilmembers. General correspondence addressed to Councilmembers as a whole will be opened and delivered to the Coun‐ cil General Box. Councilmembers are encouraged to check mailboxes often. In addition, City staff will email, telefax or personally deliver materials that are time sensitive to a Councilmember’s home or office, if appropriate. Mail Deliveries—3.04 A library of current City plans, implementation programs, and the Arcata Municipal Code is located in the City Council’s office. These documents are for reference and are not to be removed from the office. Copies can be made available for individual Councilmembers upon request to the department of origin. Council Library—3.05 The Municipal Code provides for payment of a modest honorarium to members of the City Council. State law sets the level of compensation (California Government Code § 36516 and Arcata Municipal Code, Title II, Chapter 1, § 2010). Page 15 CHAPTER FOUR — Financial Matters The annual City budget includes appropriations for expenses necessary for Councilmembers to un‐ dertake official City business. Funding provided includes membership in professional organizations, atten‐ dance at conferences or educational seminars, purchase of publications and office supplies. 4.02—Budget 4.01—Council Compensation Candidates for the office of Councilmember shall file a financial disclosure statement with the City Clerk who will retain a copy and forward the original to the Fair Political Practices Commission (FPPC) (California Government Code §§ 87201 and 87202). Financial disclosure shall be filed with nomination pa‐ pers, not earlier than 113 days before the election with the deadline being no later than 88 days before the election (California Elections Code, § 10220‐10227; California Government Code § 87200). When Council‐ members assume office or leave office, whether by election, appointment, end of term, or resignation, State‐ ments of Economic Interests (FPPC Form 700) covering the previous 12 months, or the period since the previ‐ ous statement was filed under Government Code § 87202 or 87203, must be filed within thirty days (California Government Code § 87204). In addition, Councilmembers are required to file financial disclosure statements (FPPC Form 700) on an annual basis after January 1 and before April 1 of each year covering the previous calendar year (California Government Code § 87203). Statements filed in any of the above circum‐ stances will be available for public inspection. 4.03—Financial Disclosure The City Council has adopted a travel policy by resolution (Appendix C). Councilmembers, staff, and appointed officials will be reimbursed for all “approved travel” as defined in the City Travel Policy only up to the amount of an individual’s funds allocated for travel/training. If a Councilmember desires to exceed his or her allocated annual travel budget, prior to travel he/she may submit a written request to the City Manager 4.04—Travel Policy and Procedures Page 16 for a reallocation of another Councilmember’s unused travel balance. The City Manager will confirm that the reallocation is approved by the Councilmember donating the unused budget allocation and that the realloca‐ tion is in the best interest of the City. “Approved Travel” means pre‐authorized travel to attend training or conferences, or other City Council‐directed travel activities. A. Pre‐authorization of Travel/Training Councilmembers and appointed officials traveling on City business that involves an overnight stay shall submit a Travel/Training Authorization Form to the City Manager for pre‐approval. In advance of mak‐ ing travel arrangements, Councilmembers must check account balances, complete a Travel/Training Authori‐ zation Form and make all travel arrangements with the Executive Assistant to the City Manager. The travel authorization form will include a complete estimate of the costs of the trip, including conference registration, transportation, and per diem. The travel authorization form will also include the purpose of the trip, the dates of travel, and other pertinent details. In advance of any travel on City business, a Travel/Training Authorization Form must be submitted to and signed by the City Manager. The City Manager must authorize: a. Overnight travel by elected or appointed officials b. Use of a rental vehicle by elected or appointed officials c. Out‐of‐state travel by elected or appointed officials B. Authorization for Reimbursement of Travel Expenses Within 10 days of the close of the authorized travel period a final itemized Travel/Training Authoriza‐ tion Form, including all receipts and expense reimbursement requests, must be submitted to the Executive Assistant to the City Manager for processing and final approval and signature by the City Manager. The Ex‐ ecutive Assistant to the City Manager will process and submit authorized travel reimbursement requests to the Finance Department. Card Issuance. The Finance Department issues each Councilmember a City credit card. Use of City credit cards is set forth in the City Credit Card Policy (Appendix D). Cards Lost or Stolen. Lost or stolen cards must be reported to the Finance Director within one working day of discovery. Leaving Office. Each card holder must surrender the City credit card immediately upon leaving office, or upon request of the City Manager or Finance Director. Use of the card after privileges are withdrawn is pro‐ hibited. City Credit Card Policy—4.05 Perhaps the most fundamental role of a Councilmember is communication—communication with the public to assess community opinions and needs, and to share the vision and goals of the City with constitu‐ ents; and communication with staff to provide policy direction and to gain an understanding of the implica‐ tions of various policy alternatives. Because the City Council performs as a body (that is, acting based on the will of the majority as op‐ posed to individuals), it is important that general guidelines be understood when speaking for the Council. Equally important, when members are expressing personal views and not those of the Council, the public should be so advised. Page 17 CHAPTER FIVE — Communications 5.01—Overview Members of the City Council will often be called upon to write letters to citizens, businesses, or other public agencies. Typically, the Mayor will be charged with transmitting the City’s position on policy matters to outside agencies on behalf of the City Council. Individual members of the Council will often prepare let‐ ters for constituents in response to inquiries, or to provide requested information. City letterhead is avail‐ able for this purpose, and staff can assist in the preparation of such correspondence. On occasion, members may wish to correspond on an issue on which the Council has yet to take a position, or about an issue for which the Council has no position. In these circumstances, members should clearly indicate that they are not speaking for the City Council as a whole, but for themselves as one member of the Council. City letterhead and office support may be utilized in these circumstances. Councilmembers may occasionally be asked to prepare letters of recommendation for community members seeking employment or appointment. It is inappropriate for Councilmembers to make a recom‐ mendation or utilize City letterhead or their Council titles for such letters without approval of the majority of Council. 5.02—Correspondence from Councilmembers At times, initiatives that affect City Council policy may be placed on the ballot. There are restrictions regarding what actions the City may take on ballot measures. Specifically, state statutes prohibit the City from using its personnel, equipment, materials, buildings, or other resources to influence the outcome of elections. What the City can do is distribute informational reports or pamphlets for the purpose of informing the public of the facts of an issue. 5.03—Local Ballot Measures Page 18 To ensure that business communications submitted to and by elected and appointed officials comply with the California Public Records Act and the Ralph M. Brown Act (state open meetings act), the following is set forth: A. Communications, Generally All letters, memoranda, and interactive computer email communications involving City Councilmem‐ bers and members of boards, commissions, committees and task forces, the subject of which relate to the conduct of government or the performance of any governmental function, with a few exceptions as outlined in the Public Records Act, are public records. Copies of such letters, memoranda, and email communications may not be provided to the public or news media without the filing of a public information disclosure request with the City Clerk. The City Clerk has a system for processing such requests. B. Written Communications Written letters and memoranda received by the City on a specific agendum, addressed to a Council‐ member or the Council as a body, will be photocopied and provided to all City Councilmembers, and a copy kept according to the City’s Records Retention Schedule. State Public Records Disclosure Act—5.05 Proclamations are issued by the City Council as a ceremonial commemoration of an event or issue (e.g., National Night Out). Proclamations are not statements of policy. Proclamations are a manner in which the City can make special recognition of an individual, event, or issue. Proclamations can be directly made if they have been listed on a previously approved list (Appendix E). The Council‐approved proclamations list is a separate document so that it can be added to after the Council has approved a new proclamation without having to pass a new resolution each time. All proposed proclamations not on the annually approved list must first be approved by the Council during a regular City Council meeting as an item on the Consent Calendar. When a proclamation is approved as a consent item, and if the proclamation is expected to be an annual event, description of the item shall include the phrase "and add proclamation to the Council‐approved list." The decision to add or not to add a proclamation to the approved list shall be made following consultation between the City Manager and the Mayor at the time the Council meeting agenda is being prepared. The list will be reviewed by the City Council every February following a City Council election. Procla‐ mations not requested for two years will automatically be deleted from the list of pre‐approved proclama‐ tions. Proclamations—5.04 C. Electronic Communications 1. Informal messages with no retention value and that do not relate to the functional responsi‐ bility of the recipient or sender as a public official, such as meeting notices, reminders, tele‐ phone messages and informal notes, do not constitute a public record. Users should delete these messages once their administrative purpose is served. 2. All other messages that relate to the functional responsibility of the recipient or sender as a public official constitute a public record. Such records are subject to public inspection and copying; users may either print a copy of the record and file it with the City Clerk for reten‐ tion, according to the City’s Records Retention Schedule, or forward such email messages to citymgr@cityofarcata.org from which the City Clerk will print and file it according to the City’s Records Retention Schedule. 3. Email communications that are intended to be shared among three or more Councilmem‐ bers, whether concurrently or serially, must be considered in light of the Ralph M. Brown Act (state open meetings act). If the intended purpose of the email is to have a discussion that should be held at an open meeting, the electronic discussion should not occur. 4. Email should be used cautiously when seeking legal advice or to discuss matters of pending litigation or other “confidential” City business. In general, email is discoverable in litigation, and even deleted email is not necessarily removed from the system. Confidential email com‐ munications should not be shared with individuals other than the intended recipients or the attorney‐client privilege protecting the document from disclosure may be waived. 5. Email between Councilmembers and between Councilmembers and staff shall not be trans‐ mitted to the public or news media without the filing of a public disclosure request with the City Clerk. 6. Email shall not be used for personal use, since Councilmembers’ conventional email ad‐ dresses include the City’s “return address.” Page 19 Page 20 The City maintains a commitment to conducting business according to the highest achievable ethical standards. Recognizing that ethical dilemmas may arise and that public officials must make difficult choices after careful consideration of competing public, personal and/or private interests at stake, the Council has adopted a code of ethical conduct, which is attached as Appendix F. The City Manager is subject to a professional code of ethics as a member of the International City/ County Management Association (ICMA). These principles appear in the appendix of this manual, as Appen‐ dix G. It should be noted that this code binds the City Manager to certain practices that are designed to en‐ sure actions are in support of the City’s best interests. Violations of such principles can result in censure by the ICMA. State law (California Government Code § 53235, et seq.) requires public officials to complete two hours of training in ethics principles and laws every two years. In addition to Councilmembers, Arcata re‐ quires the training of all of its commissioners (Planning and Historic and Design Review), its City Manager, its department directors, its mid‐managers when they staff a City commission, and the chairperson and vice‐ chairperson of each committee or board. Additionally, the City Council encourages all committee and board members to complete the training. At present, the City Attorney is able to provide periodic training sessions that satisfy the requirement. Alternatively, the League of California Cities offers AB 1234 training, often in conjunction with League conferences or other training workshops, and on‐line training is offered through the Institute for Local Government and the Fair Political Practices Commission. Certificates of course completion are kept on file by the City Clerk. There are numerous sources of conflicts of interest that may require a Councilmember to disqualify himself or herself from participating in decision‐making. The Political Reform Act (PRA) controls financial con‐ flicts of interest of public officials. The PRA is one of the most complicated laws affecting local government. This law is implemented and enforced by the Fair Political Practices Commission (FPPC) which has issued comprehensive implementing regulations. To understand the PRA’s impact on a Councilmember’s actions, it is suggested that members discuss the law and potential conflicts with the City Attorney or a private attor‐ ney. In general, under the PRA, public officials are prohibited from making, participating in or in any way attempting to use their official position to influence a government decision in which they know or have Conflicts of Interest—6.02 Ethics, AB 1234 Ethics Training —6.01 Conflicts of Interest — CHAPTER SIX reason to know they have a financial interest (California Government Code § 87100; 2 California Code of Regulations §§ 18700, 18702‐18702.4). A “public official” is defined as including every member, officer, em‐ ployee or consultant of the state or local government agency (California Government Code § 82048; 2 Cali‐ fornia Code of Regulations § 18701). A. Applicability Under the PRA, an official has a financial interest if it is reasonably foreseeable that a decision will have a material financial effect, distinguishable from its effect on the public generally, on the official, a mem‐ ber of his or her immediate family, or on any of the following: 1. Any business entity in which the public official has a direct or indirect investment worth $2,000 or more (California Government Code §§ 82005, 82034, 82035; 2 California Code of Regulations § 18703.1). 2. Any real property in which the public official has a direct or indirect interest worth $2,000 or more (California Government Code § 82033). 3. Any source of income other than gifts or certain loans aggregating $500 or more provided to the public official within 12 months prior to the time of the decision (California Government Code § 82030; 2 California Code of Regulations § 18703.3). 4. Any business entity in which the public official is a director, officer, partner, trustee, employee, or holds any position of management (2 California Code of Regulations § 18703.1). 5. Any gift totaling $420 (adjusted biannually by the FPPC) or more provided to, received by or promised within 12 months prior to the decision (2 California Code of Regulations §§ 18703.4, 18704‐18961). B. Analysis In general, the FPPC suggests that an eight‐part analysis be followed in determining whether a con‐ flict of interest exists: 1. Is the person involved a public official? The PRA applies to “public officials at any level of state or local government” (California Government Code § 87100). 2. Is the public official making, participating in making, using, or attempting to use his/her official position to influence governmental decision (2 California Code of Regulations §§ 18700, 18702‐ 18702.4)? 3. What are the actual economic interests of the official potentially impacted by the decision (California Government Code § 87103, 2 California Code of Regulations §§ 18704‐18704.5)? Page 21 Page 22 4. Is the economic interest directly or indirectly involved in the governmental decision (2 Cali‐ fornia Code of Regulations §§ 18704‐18704.5)? 5. Is the financial effect on the economic interest material (2 California Code of Regulations §§ 18702‐18702.5)? 6. Is it “reasonably foreseeable” that the governmental decision will have a material financial effect on the economic interest (2 California Code of Regulations §§ 18700‐18706)? 7. Will the decision’s effect on the official’s economic interest differ from that on the public generally (2 California Code of Regulations §§ 18707‐18707.10)? 8. Is participation by the public official legally required in order to create a quorum to vote on the matter (2 California Code of Regulations § 18708)? C. Disqualification and Disclosure When the agenda item is called, a City Councilmember who has a conflict of interest is required to publicly state that a conflict of interest exists, describe the nature of the economic interest giving rise to the conflict, disqualify himself or herself, and leave the room. Ideally, Councilmembers will become familiar enough with the sources of conflicts to determine in advance whether disqualification is necessary. How‐ ever, if a Councilmember becomes aware of a potential conflict only during the meeting, it is perfectly appro‐ priate for the Councilmember to ask for a break in order to discuss the matter with the City Attorney, if nec‐ essary. If any Councilmember questions a potential conflict of interest related to another Councilmember, a recess may be called at the request of the Councilmember who may have a conflict to allow discussion of the issue with the City Attorney to determine if there is a conflict. If the Councilmember decides a conflict exists, that Councilmember may not participate in any aspect of the decision making, including discussing the mat‐ ter with City staff. When a conflict of interest arises involving a matter on the consent portion of the agenda, the Councilmember is not required to leave the room, unless that item is pulled from the consent agenda for separate discussion. D. Legally Required Participation In the event that a decision cannot be made because a majority of the Council is disqualified due to conflicts of interest, the PRA allows the minimum number of Councilmembers necessary to constitute a quo‐ rum to return and participate in the decision to the minimum extent required. The Councilmembers permit‐ ted to participate must be chosen through a random process (California Government Code § 87101). E. Conflict of Interest Code The City is required to adopt and maintain a Conflict of Interest Code. This code is found in the Arcata Municipal Code at Title 2, Chapter 8. Under state law, the code must be reviewed every two years and amended as circumstances change. The City’s code must be consistent with minimum requirements of the PRA (California Government Code §§ 87300‐87313). F. Advice on Conflict of Interest The City Attorney may provide advice to a Councilmember about the existence of a conflict of inter‐ est. However, advice given by the City Attorney does not protect the Councilmember from an enforcement action by the FPPC. A Councilmember may seek a formal written opinion from the FPPC on a particular set of facts. Such an opinion letter would provide protection from an enforcement action arising under the same set of facts. G. Other Sources of Conflict In addition to the PRA, State law prohibits Councilmembers from entering into contracts with the City. (California Government Code § 1090) In general, this type of conflict is not subject to remedy through the disqualification of the interested Councilmember, but must instead be entirely avoided by the Council. There are, however, numerous exceptions to this provision that will allow the Council to enter into certain contracts after disqualification of the interested Councilmember and those should be reviewed with the City Attorney on a case‐by‐case basis (California Government Code § 1090). H. Revolving Door Policies For a period of one year after leaving office, state law prohibits Councilmembers and chief adminis‐ trators from acting as agent or attorney for any other person by appearing formally or informally, orally or in writing, before the Council or any of its commissions, or committees if the appearance or communication is made for the purpose of influencing administrative or legislative action, or influencing any action or pro‐ ceeding involving the issuance of, amendment to, award of, or revocation of a permit, license, grant, or con‐ tract, or the sale or purchase of goods or property (California Government Code § 87406.3). Page 23 Page 24 City Council policy is implemented through dedicated and professional staff. Therefore, it is critical that the relationship between Council and staff be well understood by all parties so policies and programs may be implemented successfully. To support effective relationships, it is important that roles are clearly recognized. Arcata has a Council‐Manager form of government. Basically, with this structure, the City Council’s role is to establish City policies and priorities. The Council appoints a City Manager to implement those poli‐ cies and undertake the administration of the organization. The City Manager is appointed by the City Council to enforce its laws, to direct the daily operations of city government, to prepare and monitor the principal budget, and to implement the policies and programs initiated by the City Council. The City Manager is responsible to the City Council, rather than to individual Councilmembers, and directs and coordinates the various departments. The City Manager is responsible for appointing all department directors and authorizing all other personnel positions. The City Council author‐ izes positions through the budget process; based upon that authorization, the City Manager makes the ap‐ pointments. The Council‐Manager form of government is outlined in the California Government Code. The pow‐ ers and duties of the City Manager include: Generally supervise over the administrative affairs of the City Appoint and remove at any time any department directors and employees Attend all meetings of the Council at which the Manager’s attendance may be required by that body [AMC § 2107(d)] See that all laws and ordinances are faithfully executed, subject to the authority which the Coun‐ cil may grant the Mayor to maintain law and order in times of emergency Recommend for adoption by the Council such measures as the Manager may deem necessary or expedient Prepare and submit to the Council such reports as may be required by that body, or as deemed advisable to be submitted Keep the Council fully advised of the financial condition of the City and its future needs Council-Manager Form of Government—7.02 Overview —7.01 Interaction with City Staff — CHAPTER SEVEN Prepare and submit to the Council a proposed budget for the fiscal year, and be responsible for its administration upon adoption Perform such other duties as the Council may determine by ordinance or resolution Implement and administer City Council policy Page 25 The City Council is to work through the City Manager when dealing with administrative services of the City. In no manner, either directly or indirectly, shall a Councilmember become involved in, or attempt to influence, personnel matters that are under the direction of the City Manager. No member of the Council shall, by suggestion or otherwise, attempt to influence or coerce the City Manager concerning appointments to City offices or employment. Nor shall the City Council be involved in, or influence, the purchase of any sup‐ plies beyond the requirements of the City’s procurement code/procedures. Except for the purpose of inquiry, the Council and its members will deal with the administrative ser‐ vice solely through the City Manager or designee, and neither the Council nor any commission, committee or member of a board shall give an order to, try to influence, coerce or direct, either formally or informally, any subordinate of the City Manager. Violations of the provisions of this section by any of the above persons, if reported by any staff to the City Manager, will be brought forth to the entire City Council for review. The Council, on a case‐by‐case ba‐ sis, will establish what, if any, corrections and/or sanctions are appropriate. See Chapter 9, § 9.03. 7.03—Non-Interference by City Council The employment relationship between the City Council and City Manager honors the fact that the City Manager is the chief executive of the City. All dealings with the City Manager, whether in public or pri‐ vate, should respect the authority of the City Manager in administrative matters. Disagreements should be expressed in policy terms, rather than in terms that question satisfaction with or support of the City Man‐ ager. The City Manager respects and is sensitive to the policy responsibilities of the City Council and ac‐ knowledges that the final responsibility for establishing the policy direction of the City is held by the City Council. A. Performance Evaluation The City Council is to evaluate the City Manager on an annual basis to ensure that both the City 7.04—City Council / City Manager Relationship Page 26 Council and City Manager are in agreement about performance and goals based upon mutual trust and com‐ mon objectives. The City Manager’s performance is evaluated in the following areas: Leadership, teamwork, job knowledge, attitude, accountability, empowerment, communication, problem‐solving skills, quality of service, safety/risk‐taking, implementation and administration of adopted Council policy. City Councilmember contact with City staff members, inclusive of the City Manager, will be during regular business hours, except in the case of an emergency. City Council / City Staff Relationship—7.05 Pursuant to recommendation of the City Manager, the City Council shall make provision for obtaining legal counsel for the City, either by appointment of a City Attorney on a full‐time or part‐time basis, or by any reasonable contractual arrangement for such professional services. The City Attorney is a contract employee appointed by the City Council. The City Attorney is the legal advisor for the Council, its committees, commis‐ sions and boards, the City Manager, and all City officers and employees with respect to any legal question involving an official duty or any legal matter pertaining to the affairs of the City. The general legal responsi‐ bilities of the City Attorney are to: 1. Provide legal assistance necessary for formulation and implementation of legislative policies and projects; 2. Represent the City’s interest, as determined by the City Council, in litigation, administrative hearings, negotiations, and similar proceedings; 3. Prepare or approve as to form ordinances, resolutions, contracts, and other legal documents to best reflect and implement the purposes and intentions of the City Council; and 4. Keep City Council and staff apprised of court rulings and legislation affecting the legal inter‐ ests of the City. It is important to note that the City Attorney does not represent individual members of the Council, but rather the City Council as a whole. Accordingly, with the exception of conflict of interest inquiries, in questions involving pending or upcoming matters, or protocol and procedure, the City Attorney's services are engaged and directed through the majority of the Council. Individual Councilmembers may seek advice or assistance from the City Attorney on other matters while exercising their best judgment on the most efficient and appropriate use of his/her resources. The City Attorney’s performance is reviewed as provided by the services retention contract. City Council / City Attorney Relationship—7.06 A. Council Roles The full City Council retains the authority to accept, reject, or amend the staff recommendation on policy matters. Members of the City Council must avoid intrusion into those areas that are the responsibility of staff. Individual Councilmembers may not intervene in staff decision making, the development of staff recommen‐ dations, scheduling of work, and executing department priorities without the prior knowledge and approval of the City Council as a whole. This is necessary to protect staff from undue influence and pressure from indi‐ vidual Councilmembers, and to allow staff to execute priorities given by management and the Council as a whole without fear of reprisal. If a Councilmember wishes to influence the actions, decisions, recommenda‐ tions, workloads, work schedule, or priorities of staff, that member must prevail upon the Council to do so as a matter of Council policy. B. Access to Information The City Manager is the information liaison between the Council and City staff. Requests from Coun‐ cilmembers for information are to be directed to the City Manager and will be responded to promptly. The information requested will be copied to all members of the Council so that each member may be equally in‐ formed. The sharing of information with the City Council is one of the City Manager’s highest priorities. There are limited restrictions controlling when information cannot be provided. The City is legally bound not to release certain confidential personnel information. Likewise, certain aspects of police depart‐ ment affairs (e.g., access to restricted or confidential information related to crimes) may not be available to members of the City Council. C. Staff Roles The Council recognizes the primary functions of staff as executing Council policy and actions taken by the Council, and keeping the Council informed. Staff is obligated to take guidance and direction only from the City Manager or Department Director. This direction follows the policy guidance of the City Council as a whole. Staff is directed to reject any attempts by individual Councilmembers to unduly direct or otherwise pressure them into making, changing, or otherwise influencing recommendations. City staff will make every effort to respond in a timely and professional manner to all requests for information or assistance made by individual Councilmembers provided that, in the judgment of the City Manager, the request is not of a magnitude, either in terms of workload or policy, that it would be more ap‐ propriately assigned to staff through the direction of the full City Council. Page 27 7.07—Roles and Information Flow Page 28 In addition to regular, comprehensive memoranda written by the City Manager directly to City Coun‐ cil concerning all aspects of City operations (exclusive of confidential personnel issues), all Councilmembers receive copies of all correspondence received by the City Manager that will assist them in their policy‐making role. The City Manager also provides other documents to the Council on a regular basis, such as status re‐ ports, executive summaries, and agendas of all City commission and committee meetings and weekly senior staff meetings. A variety of methods are used to share information with the Council. Workshops and study sessions are held to provide detailed presentations of matters. The City Manager’s open‐door policy allows individual Councilmembers to meet with the Manager on an impromptu or one‐on‐one basis Dissemination of Information—7.08 Any information, service‐related needs, or policy positions perceived as necessary by individual Councilmembers that cannot be fulfilled based upon the above guidelines should be considered as an item for the agenda of a City Council meeting. If so directed by an action of the Council, staff will proceed to com‐ plete the work within a Council‐established timeline. Magnitude of Information Request—7.09 Staff support and assistance may be provided to the City’s boards, commissions, committees and task forces. These bodies, however, do not have supervisory authority over City employees. While staff may work closely with advisory bodies, staff members remain responsible to their immediate supervisors and, ultimately, the City Manager. The members of the commissions, boards, or committees are responsible for the functions of the advisory body. The chairperson is responsible for committee compliance with the mu‐ nicipal code and/or committee bylaws. Staff members are to assist the advisory body chair to ensure appro‐ priate compliance with state and local laws and regulations. Staff support includes: (1) preparation of a summary agenda and appropriate notice after approval by the chairperson; (2) preparation of reports providing a brief background of the issues, a list of alternatives, recommendations, and appropriate backup materials, if necessary; and (3) preparation of minutes of advi‐ sory body meetings. Advisory body members should have sufficient information to reach decisions based upon a clear explanation of the issues. Advisory bodies wishing to communicate recommendations to the City Council shall do so through adopted Council agenda procedures as outlined in § 8.06(B) of this manual. In addition, when an advisory body wishes to correspond with an outside agency, correspondence shall be reviewed and approved by the City Council. Staff Relationship to Advisory Bodies—7.10 Page 29 Arcata is a nonpartisan local government. Professional staff formulates recommendations in compli‐ ance with Council policy for the good of the community, not influenced by political factors. For this reason, it is very important to understand the restrictions of political involvement of staff. By working for the City, staff members do not surrender their right to be involved in political activi‐ ties. Employees may privately express their personal opinions. They may register to vote, sign nominating or recall petitions, and they may vote in any election. 7.11—Restrictions on Political Involvement by Staff If a Councilmember intends to be absent from the City for more than 24 hours, he or she shall notify the City Manager of such absence and its duration. A. Vacancy for Nonattendance Under state law, if a Councilmember is absent without permission from all regular City Council meet‐ ings for 60 days consecutively from the last regular meeting he or she attended, his or her office becomes vacant and shall be filled as any other vacancy [California Government Code § 36513(a)]. At the start of each City Council meeting, the City Clerk, or designee, will call the roll. Any absent Councilmember who has called the Mayor or City Manager’s Office before 5:00 p.m. on the day of the meet‐ ing to advise of such absence may request to be excused by the City Council. 7.12—Council Attendance Policy Arcata City Hall Page 30 Regular City Council meetings are held the first and third Wednesdays of each month at 6:00 p.m., in the Council Chamber, 736 F Street, Arcata. By a majority vote of the Council, meetings not completed by 10:30 p.m. will be continued to the following Thursday at 6:00 p.m. in the Council Chamber. Pursuant to the California Government Code, cities are charged with establishing a procedure for notifying the public of upcoming hearings and the preliminary agenda for the forthcoming council meeting. The procedure followed by the City of Arcata is as follows: A. Notices Except where a specific means of notifying the public of a public hearing is otherwise provided by law or ordinance, notice of upcoming public hearings before the City Council or the City’s boards and commis‐ sions shall be given by one publication of a notice containing the time, place, date, subject, and body before whom the hearing is to be held, in the City’s official newspaper consistent with State law. B. Preliminary Agenda of Council Meeting The public shall be notified of the agenda for the forthcoming regular City Council meeting by the posting of a copy of the agenda in the following public places in the City at least 72 hours in advance of the meeting: Bulletin Board Outside Arcata City Hall 736 F Street Arcata, CA 95501 A copy of the agenda will also be made available to the public as follows: Arcata Branch, Humboldt County Library Electronic Posting: Access Humboldt (Community Media) City of Arcata Website Public Notice of Meetings and Hearings—8.02 Meeting Schedule —8.01 City Council Meetings — CHAPTER EIGHT The City Council’s collective policy and law‐making powers are put into action at the Council meet‐ ings. It is here that the City Council conducts its business. The opportunity for citizens to be heard, the avail‐ ability of local officials to the citizenry, and the openness of Council meetings all lend themselves to the es‐ sential democratic nature of local government. Page 31 State Law permits the Council to hold an emergency meeting without providing advance 24‐hour no‐ tice when prompt action is necessary due to the disruption or threatened disruption of public facilities during an emergency situation. Emergency situations are those matters immediately affecting the public health, safety and welfare of the community (California Government Code § 54956.5). 8.03—Emergency Meetings Special meetings may be called by either the Mayor, Vice‐Mayor or Acting Mayor in the absence of the Mayor. Additionally, as long as substantive consideration of agenda items does not occur, a majority of the Council may meet without providing notice to the public, in order to call a special meeting and prepare an agenda. When a special meeting is called by a majority of the Council, a representative of this majority shall notify the City Clerk of such special meeting call, who shall prepare a notice of special meeting, to be signed by all members of the majority calling the special meeting. Notice of a special meeting will be made by the City Clerk by delivering personally, by mail, or by facsimile, written notice to each member of the Council and to each local newspaper of general circulation, and to each local radio or television station which has on file with the City a written request to be notified of such special meeting or of all special meetings at least 24 hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. The notices provided in this section may be dispensed with in the event a special meeting is called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage, when time requirements of such notice would make notice impractical, and increase the likelihood of such injury or damage. At all regular and special meetings, public comments are invited during a public hearing before or during consideration of any item on the agenda. Public comment is appropriate on any matter within the jurisdiction of the City Council. All regular meeting agendas must provide a time for the public to address the body on items not on the agenda. 8.04—Special Meetings C. Duties of City Clerk The City Clerk is directed to publish notices and post agendas as required by § 8.02 of the Arcata City Council Protocol Manual. The California Government Code addresses the subject of special meetings. For special meetings, only those items specifically listed on the agenda may be discussed, considered, or decided. The City Clerk is responsible for posting a notice of public meeting at least 72 hours in advance of the meeting. Posting locations include the City Clerk’s Office at City Hall. Page 32 Placing Items on the Agenda—8.06 The City Council may meet informally in a study session. The study session is the forum used by the Council to review forthcoming programs of the City, to receive progress reports on current issues, or to re‐ ceive similar information from the City Manager and others. All discussions and conclusions held during a study session are of an informal nature. Although no final action is taken while in a study session, a majority of the Council may give City staff preliminary direc‐ tion on what to bring back to the Council for later consideration. Such direction given at a study session does not in any way obligate a Councilmember to vote in a particular way if the item is later brought back to the Council for further review. A. City Council Agenda Planning Any Councilmember may request that an item be placed on a City Council agenda by submitting a written request to the City Manager/City Clerk. The written request must, at a minimum, contain all of the following: 1. A substantive outline or summary of the information that will be presented to the City Council; 2. A concise statement of the specific action the City Council will be asked to take on the item; and, 3. A statement of the reasons why the requesting party believes it is appropriate and within the jurisdiction of the City Council to consider this subject matter and to take the requested action. All matters to be presented to the City Council at its regular meetings are reviewed by the Mayor and City Manager. The item shall be placed on the agenda as soon as possible with consideration for scheduling issues. B. Advisory Bodies and Civic Organizations Advisory bodies of the City Council and other civic agencies (e.g., Chamber of Commerce, Arcata Main Street) may submit items for Council consideration by submitting a written request, as outlined in paragraph A. City Council Agenda Planning—1, 2, and 3 above, to the City Manager/City Clerk at least 15 working days prior to the meeting, to be considered by the Mayor and City Manager for placement on an agenda. Placing Items on the Agenda—8.06 Study Sessions —8.05 Page 33 C. Members of the Public A member of the public may request an item be placed on a future agenda while addressing the City Council during a regular meeting or by submitting a written request to the City Manager/City Clerk as out‐ lined in paragraph A. City Council Agenda Planning—1, 2, and 3 above. In order to allow sufficient time for the Council to review, and staff to research the matter, the request should be submitted at least 15 working days prior to the meeting for which the item is requested to be placed on the agenda. If the issue is placed on the agenda, the City Clerk will notify the requester so that he or she may plan to attend the meeting. D. Emergency or Other Items Added to the Agenda Emergency items may be added to an agenda in accordance with state law. The reason(s) for adding an emergency item to the agenda shall be announced publicly at the meeting, and the issue shall be included in the minutes of the meeting. Placing emergency items on the agenda requires a majority vote of the Coun‐ cil and the items are taken up as the last item on the agenda. Additionally, the Council may add items to the agenda upon a 4/5ths vote determining that there is need to take immediate action and that the need for action came to the City’s attention after posting of the agenda [California Government Code § 54954.2(b)]. Staff is required to submit a staff report for each topic of discussion on the City Council agenda. The deadline for submitting these reports and documentation is 3:00 p.m. on Wednesday of the week prior to the date of the meeting for which the item is scheduled. The agenda packet will be available for the Councilmembers, staff, public and media by noon on the Friday prior to the Council Meeting. 8.07—Development of the Agenda All writings, documents, or electronic communications relating to any item on the agenda, received after distribution of the Council agenda packet and prior to the Council meeting, shall be distributed to the entire City Council and made available for public inspection during normal business hours at Arcata City Hall in the agenda binder located in the lobby, and in the City Manager’s Office (California Government Code § 54957.5). Citizens providing writings or documents to the City Council during the Council meeting must present ten (10) copies of each document to the City Clerk for distribution. Failure to submit the required number of copies will result in the document(s) NOT being distributed to the City Council at that meeting and NOT being placed in the official record. 8.07.1—Communications Received After Agenda Preparation Page 34 I. Call to Order and Flag Salute The Mayor, or in the Mayor’s absence the Vice‐Mayor, presides over all meetings of the City Council, and after determining that a quorum is present, calls the meeting to order. In the absence of the Mayor and Vice‐Mayor, the City Clerk shall call the Council to order, whereupon a temporary Mayor Pro‐tem shall be elected by the members of the Council present. Following the call to order, those in attendance are asked to join the Council in reciting the Pledge of Allegiance. II. Roll Call The City Clerk, or designee, takes roll and announces the presence or absence of individual Council‐ members. III. Ceremonial Matters Requests for proclamations, other than those listed on the Council approved list, will first be pre‐ sented to the City Council under the Consent Calendar and will become Ceremonial at the following Council meeting. IV. Reports by Commission / Committee V. Early Oral Communication This 15‐minute time period is provided for people to address the Council on matters not on the agenda. Speakers addressing Council during this time may be limited to two minutes. VI. Meeting of the Successor Agency to the Community Development Agency At this time the City Council presides as the governing body for the Successor Agency to the Arcata Community Development Agency in accordance with Health and Safety Code Section 34172(d)(1) and City of Arcata Resolution Number 112.10. Video / DVD, Web Streaming and Audio Recording of Meetings—8.08 City Council meetings, except study sessions and those meetings or portions of meetings conducted in Closed Session pursuant to the California Government Code, are broadcast live over the local Community Access Channel and web streamed live and archived on the City’s website. Video/DVDs are kept for the sole purpose of being able to rebroadcast the meetings on the Community Access Channel and web meetings are archived on the City’s website for up to one year. Both forms of broadcasted meetings are for the conven‐ ient viewing by Arcata citizens, are not the permanent record of City Council proceedings, and are only re‐ tained consistent with state law. Order of Business—8.09 Page 35 VII. Consent Calendar All matters on the Consent Calendar are considered to be routine by the City Council and are enacted on one motion. If discussion is required, that item is removed from the Consent Calendar and considered separately. At the end of the reading of the Consent Calendar, Councilmembers or members of the public may remove an item. VIII. Items Removed from the Consent Calendar IX. Old Business X. New Business XI. Oral and Written Communications This time is provided for people to address the Council or submit written communications on matters not on the agenda. At the conclusion of all oral communications, the Council may respond to statements. Any request that requires Council action will be set by the Council for a future agenda or referred to staff. Speakers addressing the Council may be limited to three minutes, with a maximum of five minutes, and a time limit on the length of Oral Communications may be imposed. Speakers unable to be heard during this portion of Oral Communications, due to the Council setting a time limit, will be heard at 10:30 p.m. or di‐ rectly following the completion of all other City business. XII. Council and Staff Reports All reports shall be specifically limited to items relating to City business and shall not request or lead to action by the Council at this meeting. XIII. Dates of Future Meetings XIV. Closed Session: Litigation, Personnel and/or Real Estate XV. Closed Session Reports XVI. Adjournment By majority vote of the Council, meetings not completed by 10:30 p.m. will be continued to the fol‐ lowing Thursday at 6:00 p.m. in the Council Chamber. Should the Council vote to continue the meeting past 10:30 p.m., discussion on an item on the agenda that either requires or allows for public input may not begin without a unanimous vote of the City Councilmembers present. (Closed session items may begin later.) (Resolution No. 067‐56.) Page 36 The City Council exercises legislative authority through a simple motion, an amendment to a motion, adoption of a resolution, or adoption of an ordinance. Depending on the item, staff reports will generally attempt to present appropriate motions, with options, for the Council to make. The City Council is encour‐ aged to review the staff recommendations and use presented options as a template when making a motion. In most situations, a majority of the members present is adequate to adopt a motion, however this is not always the case, and staff will advise the Council when either a super majority or majority of the entire body is required. In addition, in most situations a voice vote is all that is required for Council action; however, staff will advise the Council when a roll call vote is required. Motions should be concise and give clear direction to staff. Although finality in action is an important principle in government, there may be occasions when the Council wishes to reconsider a motion it has previously passed. In such circumstances, a motion to recon‐ sider may be made either at the meeting where the item was first voted upon, or at the very next meeting of the Council. A motion to reconsider brought forward at the following meeting of the Council will require proper notice on the agenda. A motion to reconsider an item previously voted on can be made only by a Councilmember who voted in the majority. The Council can take both legislative and quasi‐judicial action. In general, the Council acts in a legisla‐ tive capacity when it takes action to adopt policies, plans, and ordinances of general application. In these situations, a Councilmember may rely on any information he or she lawfully obtains when participating in a decision‐making process. In contrast, the Council will also act in a quasi‐judicial capacity when it acts on mat‐ ters that implicate constitutionally protected property and liberty interests. These types of actions generally involve land use entitlements and other types of permits, licenses, etc. The distinction between legislative and quasi‐judicial activity is especially important because of the rights that are given to the applicant. Specifically, an applicant in a quasi‐judicial matter is entitled to due process of the law. This includes a right to have a decision made on the record by a fair and impartial Coun‐ cil. In order to ensure these rights are satisfied, the Council must disclose all ex parte communication it re‐ ceives; that is, information or evidence a Councilmember obtains from outside the Council hearing on the matter. Additionally, Councilmembers may be called upon to answer questions about potential bias. Legislative and Quasi-Judicial Actions of the Council—8.11 Council Action —8.10 Parliamentary procedures set the agreed‐upon standard for conducting business. For general guid‐ ance, the Council will follow Rosenberg’s Rules of Order, attached as Appendix H. Certain processes are sub‐ ject to state code and must be complied with. The Council will accept direction from the City Manager/City Clerk and the City Attorney on the code. For other matters, the Arcata City Council has a tradition that General Parliamentary Procedure—8.12 Page 37 adheres to the common parliamentary practices used by similar institutions to facilitate the orderly process‐ ing of the business of its meetings. When necessary to resolve issues that may arise over the process, the Mayor will refer to the City Attorney who will act as the Parliamentarian. Upon such advice, the Council will vote and follow the decision of the majority. The Mayor may establish reasonable time restrictions on presentations from members of the public that take into consideration the complexity of the subject matter, the number of other members of the pub‐ lic wishing to address the Council, and the number of other items on the agenda to which the Council must attend. Members of the public who wish to utilize electronic media in their presentations must coordinate in advance with the City Manager or his/her designee. The City Manager may establish reasonable rules on the public’s use of electronic media, to minimize the disruption of Council meetings as well as the burden on City staff, including the requirement of advance notice and/or submission of presentation data to ensure all com‐ patibility issues are resolved before the Council meeting. Electronic media presentations are subject to time restrictions as established by the Mayor. The public may use the City’s projector in the Council Chambers to assist in making their electronic presentations, subject to electronic media presentation rules established by the City Manager. 8.13—Public Presentations at Meetings Page 38 The City Council will review and revise the City Council Protocol Manual as needed. The City Council will specifically review, and if necessary revise, the Protocol Manual every July following a City Council elec‐ tion. The City Attorney shall assist the Mayor and serve as an advisor for interpreting the City Council’s adopted Protocol Manual. City Attorney as Protocol Advisor—9.02 Biennial Review —9.01 Protocol Administration — CHAPTER NINE The City Council delegates to the City Manager the responsibility to discuss with any Councilmember, on behalf of the full Council, any perceived or inappropriate interference or encroachment of administrative services. The City Manager will discuss with the Councilmember the action and suggest a more appropriate process or procedure to follow. If inappropriate action continues after this discussion, the City Manager will report the concern to the full Council. The City Council Protocol Manual shall apply when the Council is sitting as another entity or agency. The role of Mayor and Vice‐Mayor shall be interchangeable with the Chair and Vice‐Chair, or President and Vice‐President, when sitting as another entity. Applicability of Protocol Manual—9.04 Adherence to Non-interference Policy —9.03 Page 39 This page intentionally left blank. Page 40 City Council Protocol Manual—APPENDIX PAGE A ‐ List of City Plans A‐1 B ‐ Ralph M. Brown Act (Gov Code Sections 54950—54963) B‐1 C ‐ Travel Policy C‐1 D ‐ Credit Card Policy D‐1 E ‐ Council Approved Proclamations List E‐1 F ‐ City of Arcata Ethics Code F‐1 G ‐ ICMA Code of Ethics G‐1 H ‐ Rosenberg’s Rules of Order H‐1 I ‐ Typical and Routine Mayoral Functions I‐1 J ‐ The Ethical Hazards of City Council Members Attending Other Board’s Meetings J‐1 City of Arcata 736 F Street Arcata, CA 95521 (707) 822‐5951 © 2011 CITY POLICY TITLE: 2018 Council Rules of Procedures PAGE: 1 of 40 EFFECTIVE DATE: May 8, 2018 COUNCIL RESOLUTION: 92-13 05.08.2018 CC AGD Item 6.4 Approved Update A.PURPOSE City of Chowchilla staff prepared a procedure manual to assist the City Council by documenting currently accepted practices. Through agreement of the City Council and staff to be bound by these practices, with the City Administrator having overall responsibility, the effective administration of City Council affairs is greatly enhanced. While attempting not to be overly restrictive, procedures are established so that expectations and practices can be clearly articulated to guide Council Members in their actions. It is anticipated that this Procedures Manual may be revised from time to time. B.GENERAL POLICY The updated policy, “2018 Rules of Procedure of the Chowchilla City Council and all other local agencies for which Members of the City Council serve as Governing Body”, guides the process by which Council decides the business of the City. It addresses types of meetings, Council duties, the agenda, the manner by which the Council deliberates decisions at its meetings, and the relationship between Council and City Staff. 1.Chapter 1 – Introduction 2.Chapter 2 – Powers and Responsibilities 3.Chapter 3 – City Council Meetings 4.Chapter 4 – Council Communications 5.Chapter 5 – Interaction with City Staff 6.Chapter 6 – Support Provided to City Council 7.Chapter 7 – Financial Matters 8.Chapter 8 – Conflicts & Liability 9.Chapter 9 – Additional Training & Resource Materials C.PROCEDURES Council Members, as the governing board, have the responsibility to follow the established rules of procedures that have been adopted by Resolution 83-00. Since the rules of procedures have been revised in 2001 and 2013 by Resolution 92-13. It is customary for cities to regularly update existing Rules of Procedures in an effort to maintain compliance with California law and to resolve procedural questions that may have arisen. D.IMPLEMENTATION AND OVERSIGHT The City Council assigned Mayor Haworth and Council Member Ahmed to serve on an ad hoc committee to review and make changes to a proposed draft Rules of Procedures proposed by Staff. On April 12, 2018, the ad hoc committee met and provided staff with proposed changes to the draft Attachment 3 2018 Council Rules of Procedure Page 2 of 40 document. Based on their mutual concurrence, these changes have been incorporated into the attached document and brought back to the full Council for Approval. On May 8, 2018 City Council approved the revised, “2018 Rules of Procedures of the Chowchilla City Council and all other Local Agencies for which members of the City Council Serve as Governing Board.” This document is enforced through a collaboration of staff, with the City Administrator having overall responsibility, for the enforcement of this policy. This policy applies to all employees. 2018 Council Rules of Procedure Page 3 of 40 Rules of Procedure of the Chowchilla City Council and all other Local Agencies for which Members of the City Council serve as Governing Body Approved by the City Council on May 8, 2018. 2018 Council Rules of Procedure Page 4 of 40 CITY OF CHOWCHILLA City Council Core Values Accountability Innovation Professional Excellence Respect Teamwork Trustworthiness Core values adopted by City Council November, 2013 with Resolution # 92-13 2018 Council Rules of Procedure Page 5 of 40 Chapter 1 Introduction Purpose of Procedures Manual ........................................ ..5 Overview of City Documents ........................................... 5 Orientation of New Council Members .............................. 6 Chapter 2 Chowchilla City Council: Powers and Responsibilities City Council Generally ..................................................... 7 Role of Mayor & Mayor Pro Tem .................................... 7 Appointment of City Administrator, City Attorney .......... 8 Appointment of Advisory Bodies … ................................. 8 Council Relationship with Advisory Bodies ..................... 9 Role of Commission/Committee Liaison........................... 9 Chapter 3 City Council Meetings General Procedures .......................................................... 10 Meeting Schedule ............................................................ 12 Special Meetings ............................................................. 12 Adjourned Meetings......................................................... 12 Development of Agenda .................................................. 12 Placing Items on Agenda ................................................ 13 Notification and Advertising............................................ 13 Order of Business ............................................................ 14 Order of Presentation of Agenda Items .......................... 18 Ordinances, Resolutions, and Contracts ......................... 19 Discussion Rules ............................................................. 19 Voting Procedures ............................................................ 20 Other Guidelines ............................................................. 21 Open Meeting Laws (“The Brown Act”) ......................... 22 Chapter 4 Council Communications Overview ......................................................................... 24 Correspondence from Council Members ........................ 24 Speaking for “The City” ................................................. 24 Local Ballot Measures .................................................... 25 State Legislation, Propositions ........................................ 25 Proclamations .................................................................. 25 2018 Council Rules of Procedure Page 6 of 40 Chapter 5 Interaction with City Staff Overview ......................................................................... 26 Council-Administrator Form of Government ................. 26 Council-Administrator Relationship ............................... 26 City Administrator Code of Ethics ................................. 26 City Council-City Attorney Relationship ....................... 27 Roles and Information Flow ........................................... 27 Dissemination of Information ......................................... 28 Magnitude of Information Request ................................. 28 Staff Relationship with Advisory Bodies ....................... 28 Restrictions on Political Involvement by Staff ............... 29 Chapter 6 Support Provided to City Council Staff Support ................................................................... 30 Office Equipment ............................................................ 30 Meeting Rooms ............................................................... 30 Mail, Deliveries ............................................................... 30 Chapter 7 Financial Matters Council Compensation .................................................... 32 Expenditure Allowance ................................................... 32 Expenditure Guidelines ................................................... 32 Chapter 8 Conflicts & Liability Conflict of Interest .......................................................... 33 City Attorney Advice ...................................................... 33 Conflict of Interest Forms ............................................... 34 Liability ........................................................................... 34 Chapter 9 Additional Training & Resource Materials League of California Cities ............................................. 35 Local Government Commission ..................................... 35 International City/County Management Association (ICMA) ........................................................................... 35 Other Reference Material on File ................................... 35 2018 Council Rules of Procedure Page 7 of 40 The City of Chowchilla acknowledges and greatly appreciates the excellent work of the Cities of Menlo Park, Davis and Sanger, California, and their willingness to share their “procedures manual” as a helpful example. 2018 Council Rules of Procedure Page 8 of 40 Introduction The Chowchilla City Council establishes policies and priorities for the community and is responsible for the fiscal health of a public corporation. Purpose of the Procedures Manual City of Chowchilla staff prepared a procedures manual to assist the City Council by documenting currently accepted practices. Through agreement of the City Council and staff to be bound by these practices, with the City Administrator having overall responsibility, the effective administration of City Council affairs is greatly enhanced. While attempting not to be overly restrictive, procedures are established so that expectations and practices can be clearly articulated to guide Council Members in their actions. It is anticipated that this Procedures Manual may be revised from time to time. Overview of City Documents This Procedures Manual provides a summary of important aspects of City Council activities. However, it cannot incorporate all material and information necessary for undertaking the business of a city council. Many other laws, policies, plans and documents exist which bind the City Council to certain courses of action and practices. A summary of some of the most notable documents that establish City Council direction is provided below. Municipal Code: The Municipal Code contains local laws and regulations adopted by ordinances. The administrative chapter of the code addresses the time and place of meetings, compensation of council members and council member attendance at council meetings. It also describes the organization and appointment of advisory commissions. In addition to these administrative matters, the Municipal Code contains a variety of laws. The Municipal Code is available on the City’s website. California Government Code: The State Government Code contains many requirements for the operation of city government. Many of these requirements are also replicated within the Municipal Code to ensure there is broad awareness of such requirements. Chowchilla is a “general law” city, which means it is organized in accordance with provisions of the State Government Code. Also described within the government code is the Council-City Administrator form of government. Basically, this form of government prescribes that a city council’s role is to establish polices, priorities, oversight and direction. The role of the city Administrator is to carry out the mission and direction of the Council while overseeing the operations of the city government. Strategic Plan: Based on the Vision and Mission Statements and in consideration of the community’s Values, four broad Strategic Plan categories and their applicable goals are identified for a five-year planning period. The categories provide an organizational framework for the strategic Action Steps that will be initiated to implement community consensus on these overall goals. These goals and ensuing Action Steps are the basic elements of the City’s long-term efforts to help Chowchilla grow and thrive in the years ahead and will provide a metric to determine our progress toward addressing the concerns, desires and priorities of the community. 2018 Council Rules of Procedure Page 9 of 40 Annual Budget: The City’s annual budget provides a description of city services and the resources used to provide services. The document contains both a broad overview of the budget as well as descriptions of programs and services organized for convenience by lead department. The City operates on a July 1 through June 30 fiscal year. General Plan: The General Plan is comprised of a number of elements, such as land use, transportation, open space and housing, in accordance with State requirements, and provides a policy framework for various matters that fall within these areas. Orientation of New Council Members It is important that members of the Council have an understanding of the full range of services and programs provided by the organization. As new members join the City Council, the City Clerk coordinates an orientation session with each Council Member which includes meeting with Department Heads to provide tours of City facilities and meetings with key staff. 2018 Council Rules of Procedure Page 10 of 40 Chowchilla City Council: Powers and Responsibilities City Council Generally The powers of a city council in California to establish policy are quite broad. Essentially, councils may undertake any action related to city affairs other than those forbidden or preempted by state or federal law. Specifically, the Council shall have the power, in the name of the city, to do and perform all acts and things appropriate to a municipal corporation and the general welfare of its inhabitants and which are not specifically forbidden by the Constitution and laws of the United State of America and State of California (California Government Code). It is important to note that the Council acts as a body. No member has any extraordinary powers beyond those of other members. While the Mayor and Mayor Pro Tem have some additional ceremonial and administrative responsibilities as described below, in the establishment of policies, voting and in other significant areas, all members are equal. It is also important to note that policy is established by at least a majority vote of the Council. While individual members may disagree with decisions of the majority, a decision of the majority does bind the Council to a course of action. In turn, it is staff’s responsibility to ensure the policy of the Council is upheld. Actions of staff to pursue the policy direction established by a majority of Council do not reflect any bias against Council Members who held a minority opinion on an issue. Limitations are imposed on a Council Member’s ability to serve on appointed boards of the city. State law expresses that no member of the Council shall serve as a voting member of any city board, committee, or commission, such as the Planning Commission, Airport Advisory Committee and Heritage Preservation Committee, whether composed of citizen volunteers, city employees, or a combination of both. This is not to be construed as prohibiting members of the Council from serving on committees or subcommittees of the Council itself, such as Council ad hoc committees, or of agencies representing other levels of government, including the Madera County Transportation Commission and the Madera County Economic Development Commission. In fact, Council Members often participate and provide leadership in regional and state programs and meetings. Council Members are strongly encouraged to report to the Council on matters discussed at subcommittees and other regional or state board/agency/group activities in which they have been involved. Role of Mayor & Mayor Pro Tem Mayor Selection: It is present practice to rotate the selection of Mayor annually. The Council vote decides the rotation selection of the Mayor. However, the Mayor’s position may be reappointed for consecutive years if the Council so chooses. The Mayor Pro Tem position is a natural ascendancy to Mayor, but not automatic. The Mayor and Mayor Pro Tem are peers of and serve at the pleasure of the other Council members. 2018 Council Rules of Procedure Page 11 of 40 Mayor: As reflected in the Municipal Code, the Mayor is to preside at all meetings of the City Council and perform such other duties consistent with the office as may be imposed by the Council or by vote of the people. As presiding officer of the Council, the Mayor is to faithfully communicate the will of the Council majority in matters of policy. The Mayor is also recognized as the official head of the city for all ceremonial purposes. As such, the Mayor shall be the chief spokesperson for the City, representing the City at all ceremonial events and functions, and shall issue all ceremonial proclamations, certificates, and awards. The Mayor, unless unavailable, shall sign all ordinances, and other documents that have been adopted by the City Council and require an official signature; except when the City Administrator has been authorized by Council action to sign documents. In the event the Mayor is unavailable, the Mayor Pro Tem’s signature may be used. The Mayor and Mayor Pro Tem shall consult and coordinate with the City Administrator in the development of agendas for meetings of the City Council. It is the responsibility of the City Administrator to oversee the addition and deletion of items on the City Council agenda. The scope of such review focuses on the timing of business items and the volume of business that can be considered at any one meeting. Such review does not allow for a unilateral unlimited delay of items to be considered by the Council or the introduction of new items not otherwise part of the Council’s identified priorities or staff’s work plan. Should any significant disagreement arise regarding the scheduling of items, these matters are to be resolved by the full City Council at an official Council meeting. The staff maintains a “tentative” Agenda Forecast that establishes when matters will likely be considered at future meetings. Mayor Pro Tem: The Mayor Pro Tem shall be elected by the Council and serve at the pleasure of the Council. The Mayor Pro Tem shall perform the duties of the Mayor whenever the Mayor is absent or is unable to perform such duties. Appointment of City Administrator, Police Chief The City Council appoints two positions within the city organization: the City Administrator and Police Chief. Both positions serve at the will of the City Council. The City Administrator and the Police Chief are employees of the City and have employment agreements that specify certain terms of employment. The City Administrator is responsible for all other personnel appointments within the City. Appointment of Advisory Bodies The city has a number of standing advisory bodies. Chapter 2 of the Municipal Code contains adopted policy on the appointment, roles and responsibilities of the various Commissions and Committees. These procedures apply to all appointments and reappointments to standing advisory bodies. In addition, resident committees and task forces are occasionally appointed by the City Council to address issues of interest. A task force or other ad hoc body is a body created by Council for a specific task. Council subcommittees, when used, are to help the Council do its job. Committees ordinarily will assist the Council by preparing policy alternatives and implications for Council deliberation. Council 2018 Council Rules of Procedure Page 12 of 40 subcommittees will normally not have direct dealings with staff operations. Council subcommittees may not speak or act for the Council. Subcommittees will be used sparingly and ordinarily in an ad hoc capacity. This policy applies to any group that is formed by Council action, whether or not it is called a subcommittee. Unless otherwise stated, a subcommittee ceases to exist as soon as its task is complete. The Council may assign, and specify the role of, one or two Council Members to the task force (if more, it becomes a defacto Council meeting). Unless otherwise specified, Council Members have all the rights, and only the rights, of ordinary citizens with respect to task forces and other ad hoc bodies. Note that both appointed advisory bodies and ad hoc committees are usually subject to the open meetings laws commonly known as the Brown Act. A complete list of these advisory bodies and committees are maintained by the City Clerk. There is one exception to subcommittees being subject to the Brown Act: ad hoc advisory committees consisting of less than a quorum of members of the governing body and with the following conditions: (1) the committee must be purel y an advisory committee with no decision making authority; (2) the committee must be composed solely of less than a quorum of members of the governing body; (3) the committee must not have continuing subject matter jurisdiction; and (4) the committee must not have a meeting schedule fixed by formal action of the governing body. Council Relationship with Advisory Bodies The City Council has determined that Council Members should not lobby commissioners/committee members for particular votes. However, Council Members may attend meetings as residents and request that commissioners/committee members consider certain issues during their deliberations or in unusual instances as Council Members to reflect the views of the Council as a body. Council Members choosing to attend commission or committee meetings should be sensitive to the fact that they are not participating members of the body. Council Members have the rights, and only the rights, of ordinary citizens with respect to Commissions – including the right to write to and speak to the Commission during public comment periods. Role of Commission/Committee Liaison Members of the Council are assigned to serve in a liaison capacity with one or more city commissions and/or committees. The purpose of the liaison assignment is to facilitate communication between the City Council and the advisory body. The liaison also helps to increase the Council's familiarity with the membership, programs and issues of the advisory body. In fulfilling their liaison assignment, members may elect to attend commission/committee meetings periodically to observe the activities of the advisory body or simply maintain communication with the commission/committee chair on a regular basis. Members should be sensitive to the fact that they are not participating members of the commission/committee, but are there rather to create a linkage between the City Council and commission/committee. In interacting with commissions/committees, Council Members are to reflect the views of the Council as a body. Being a commission liaison bestows no special right with respect to commission business. Typically, commission/committee liaison positons are assigned to annual terms beginning in January. The Mayor will ask Council Members which liaison assignments they desire and will submit 2018 Council Rules of Procedure Page 13 of 40 recommendations to the full Council regarding the various committees, boards, and commissions which City Council Members will represent as a liaison. In the rare instance where more than one Council Member wishes to be the appointed liaison to a particular commission, a vote of the Council will be taken to confirm appointments. Additionally, members of the Council are assigned to serve as representatives or designees to outside agencies and boards. 2018 Council Rules of Procedure Page 14 of 40 City Council Meetings General Procedures By resolution, the City Council adopts this document as a modified version of Roberts Rules of Order. Presiding Officer: The Mayor is the presiding officer and acts as chair at Council meetings. In the absence or incapacity of the Mayor, the Mayor Pro Tem serves as presiding officer. In the absence of both, the Council Members present shall elect a Presiding Officer for that meeting. Seating arrangement of the Council: The Mayor Pro Tem is seated immediately next to the Mayor. The Mayor, with the approval of individual Council Members, shall establish the seating arrangement for regular Council meetings. Quorum: Three-fifths of the Council Members constitute a quorum for the transaction of Council business. If a quorum is not in attendance, those attending will be named in the minutes. They shall reschedule the meeting to a later set time. If there are repeated absences by Council Members, those members in attendance may adjourn from day to day and/or institute proceedings to compel attendance of the absent Council Member as prescribed by law. Council Member Attendance: In accordance with the Municipal Code, members of the City Council are expected to attend all meetings. If a Council Member is absent from one-half or more of a Council meeting, as measured by the time duration of that meeting, then the Council Member will be considered to have been absent from that entire meeting. Additionally, if a Council Member has unexcused absences from three (3) consecutive regular meetings or half or more of all regular meetings held in a given calendar quarter of the calendar year, then the City Council may declare the absent Member’s seat abandoned and vacant [California Government Code § 36513(a)]. An absence will be considered unexcused unless the City Council finds that at the time of the absence the Council Member was performing services for the city, was ill or on sequestered jury duty or the absence was due to a hardship deemed acceptable by the City Council. City Administrator Attendance: The City Administrator shall attend all meetings of the Council unless excused. In his/her absence, the City Administrator shall designate a substitute. The City Administrator may make recommendations and have the right to take part in all discussion of the Council when recognized by the Mayor to do so, but shall have no vote. City Attorney Attendance: The City Attorney shall attend all meetings of the Council unless excused. In his/her absence, the City Attorney shall designate a substitute. The City Attorney shall give opinions, either written or oral, on questions of law and shall act as the Council’s parliamentarian. City Clerk Attendance: The City Clerk shall attend all meetings of the Council unless excused. In his/her absence, the City Administrator shall designate the Deputy City Clerk as the substitute. The City 2018 Council Rules of Procedure Page 15 of 40 Clerk shall prepare and post the agenda, record, prepare and maintain the official record of the Council, and perform other related duties as prescribed by the Council and/or City Administrator. Department Heads/Employee Attendance: Department Heads and City employees, as directed by the City Administrator, shall attend Council meetings. Media Attendance: In accordance with the Brown Act, all meetings of the City Council and City Boards/Commissions (except closed sessions as authorized by State law) shall be open to the media, and may be recorded and/or broadcast by tape, radio, television or photography, provided that the manner in which such recording or broadcast is made does not unreasonably disrupt the meeting. Minutes of Proceedings: An account of all public proceedings of the City Council shall be recorded by the City Clerk and entered into official minute books of the Council. The minutes shall publicly report any action taken and the vote or abstention on that action of each member present for the action. The minutes shall be available for inspection by the public. Right of Floor: A member desiring to speak shall first be recognized by the Mayor and shall confine his/her remarks to the subject under consideration. Preservation of Order: The Mayor shall preserve strict order and decorum, and except for matters raised by members of the public during the Public Forum, shall confine debate to the item under discussion. Point of Order: The Mayor shall determine all points of order, subject to the right of any member to appeal the decision to the full Council. If an appeal is taken, the question to the Council may be: “Should the decision of the Mayor be sustained?” Rules of Order: Except in cases of conflict with these Rules or the Brown Act, the current official edition of Robert’s Rules of Order shall govern the proceedings of the City Council. Motion and Vote to be Stated: The Mayor, or a Council Member designated by the Mayor, shall state any motion submitted for a vote, and the Mayor shall announce the result of all votes. A roll call vote shall be taken by the City Clerk upon the request of any Council Member. No Secret Ballots or Voting: Except as otherwise allowed by the Brown Act, all votes shall be conducted in public and the Council shall not take any action by secret ballot, whether preliminary or final. All actions of the Council require a majority affirmative votes. Meeting Schedule All meetings of the City Council (except closed sessions authorized by State law) shall be open to the public. No member of the public may be required, as a condition to attendance at a Council meeting, to register his or her name, to provide other information, to complete a questionnaire, or otherwise to fulfill any other condition precedent to his/her attendance. 2018 Council Rules of Procedure Page 16 of 40 Regular meetings are usually held in the Council Chambers, 130 South Second Street, on the second and fourth Tuesdays of the month. Typically, closed sessions convene at 6 p.m. and regular sessions convene at 7 p.m. The City will schedule Town Hall meetings from time to time during the year. No Council meeting will typically be held in the event that a regular meeting of the Council falls on a legal holiday. Other meetings throughout the year may be cancelled as well. Council Members should inform the City Administrator as soon as possible if they intend to be out of town on a set meeting date. On occasion, arrangements may be made in order for Council Members to remotely participate in Council meetings by telephone conference call when out of town, as spelled out in the Brown Act. Special Meetings Special meetings may be called by the Mayor or by a majority of the City Council, in accordance with the Brown Act. The call for a special meeting shall specify the date, place, and time of the meeting, and all items of business to be considered. At least twenty-four (24) hours written notice of the special meeting shall be delivered to and received by all Council Members, to each local newspaper of general circulation, and to each radio and television station that requested such notice in writing. The notice of special meeting shall also be posted at the front entrance of City Hall, and a copy thereof shall be sent to the Public Library. Only those matters specified in the call for the special meeting may be discussed at the meeting. Every notice of a special meeting at which action is proposed to be taken on an item shall provide an opportunity for members of the public to address the Council directly on that item before action is taken. Adjourned Meetings Any meeting of the City Council may be adjourned by a majority vote to a later date, place, and time, provided that no adjournment is for a period beyond the next regular meeting. The Clerk shall conspicuously post the notice or order of adjournment at the front entrance of City Hall and send a copy thereof to the Public Library within 24 hours of adjournment of the meeting. Development of Agenda Staff will provide a yearly meeting calendar identifying meeting dates and to aid members and staff with planning and scheduling. All agenda items must be within the subject matter jurisdiction of the City. A draft of the agenda for each Council meeting shall be prepared by the City Clerk under the direction of the City Administrator. The final agenda shall be posted and delivered to the Mayor and Council Members no later than 6:00 p.m. on the Saturday preceding the Tuesday meeting. Any agenda item not in compliance with the procedures established herein is subject to being removed from the Agenda by the Council. City Council meetings shall end, as appropriate, by no later than 10:00 p.m. At 10:00 p.m., the City Council will vote to either proceed with the meeting or carry the remaining items over to the following City Council meeting. 2018 Council Rules of Procedure Page 17 of 40 Given this agenda development schedule, it is extremely difficult when Council requests at a Tuesday meeting that a report be prepared for consideration the following regular meeting. Preparation of an agenda item which includes vetting by the City Administrator, Finance Director and City Attorney takes a considerable amount of time. Complex reports, of course, will require even greater time to prepare. As such, new agenda items requested by Council will be brought back to Council no less than two council meetings later. Among other considerations, the ability to schedule new agenda items depends on, the nature of the item itself, other agenda subjects that are already scheduled, and the amount of time available in a Council meeting. On occasion there will be an item of an extraordinary nature necessitating quick resolution. If possible, staff will strive to bring that item back to Council as soon as possible. Placing Items on Agenda City Council: There are two routes for placing an item on the Council agenda. A Council Member may request an item be considered on a future agenda and, upon agreement of a majority of Council, staff will prepare a staff report if formal Council action is required. Council Members may make this request verbally during a meeting or may submit written requests. Normally, the process involves two steps: initial consideration of the request by the full Council during the Council Reports section of the agenda with comments to be by the full Council. The matter is then scheduled for consideration on an upcoming meeting agenda. Members of the Public: Requests by members of the public for placement of an item on the Agenda shall be referred to the City Administrator, who shall determine if and when such matters shall be placed on the Agenda. Emergency and Subsequent Need Items: Emergency and subsequent need items may be added to an agenda only in accordance with state law. Emergency items are only those matters affecting public health or safety such as work stoppages, disasters and other severe emergencies. Adding an emergency item requires a majority vote. Emergency items are very rare. After the agenda is posted an item (subsequent need) arises that requires Council action. Subsequent need items may be added to the agenda only if the Council makes findings that (1) the need to consider the item arose after the posting of the agenda; and, (2) there is a need to take immediate action at this meeting of the City Council. These findings must be approved by two-thirds (2/3) vote; if less than five members of Council are present, the findings require a unanimous vote of those present. Notification and Advertising The City publicizes matters of significant neighborhood or community public interest that appear on a City Council agenda, as well as all matters where required by law. These publications, such as advertisements and notifications, are intended to inform all interested individuals. The process of publication includes posting the agenda at the front entrance of Chowchilla City Hall and a copy sent to the Public Library at least 72 hours before any regular meeting. Included in this publication is the time, date, and location of the meeting and a brief description of each item of business to be transacted or discussed at the meeting, including closed session items, and any other information required by law. 2018 Council Rules of Procedure Page 18 of 40 Order of Business The order of the agenda is as follows: 1. Normally, at 6:00 pm, the Council will convene, with a public Call to Order; Roll Call; Consideration of Approval of Agenda where the Council will then consider Agenda approval: additions, deletions, modifications, and at the discretion of the Mayor, the order of agenda items can be re-arranged; and Public Forum regarding Closed Session agenda items. The Council will then adjourn to Closed Session. If any Closed Session agenda item has not been completed in the time allotted, then the Council may carry it over to a later time during the meeting, and/or to another regular or special meeting of the Council. 2. If time allows, Council Members may meet and greet members of the public from approximately 6:30 – 7:00 p.m. 3. Normally, at 7:00 p.m., the Council will reconvene in Open Session, with a Pledge of Allegiance, and Invocation. 4. The City Attorney and/or City Administrator will announce any reportable Closed Session actions. 5. The Council will next consider Presentations/Workshops: Proclamations, Presentations, Awards, Guest Introductions, and Ceremonial Resolutions. 6. Workshops (as needed). 7. Public Forum (Open). 8. Council and Staff Reports (as needed). 9. The Council will next consider the Consent Calendar. Consent items are of a routine nature that do not set new Council policy. 10. The Council will next hold any listed Public Hearings. 11. The Council will next consider Deferred Business. This pertains to New Business agenda items carried over from a previous Council meeting. 12. The Council will next consider Department Reports. 13. Continuation of Closed Session, if needed. 14. Reconvene in Public Session, if continuation of Closed Session held. 15. The City Attorney and/or City Administrator will announce any additional reportable Closed Session actions. 16. Announcements. 17. Adjournment. The following section describes the various types of meeting components 1. Closed Sessions (closed to the public): The ability of the City Council to conduct sessions not open to the public is restricted by state law to ensure open proceedings. Certain defined circumstances exist wherein a city council may meet without the public in attendance. While the Government Code allows for various reasons permissible for closed session, some of the major reasons include: Real Property: The purchase, sale, exchange or lease of real property with the City’s negotiator; the real property and the person(s) with whom the City may negotiate must be announced in open session prior to the closed session (Cal Govt Code 54956.8). Litigation: Pending or a significant exposure to litigation or the decision to initiate litigation; the litigation title must be identified in open session prior to the closed session unless the Council states 2018 Council Rules of Procedure Page 19 of 40 that to do so would jeopardize its ability to conclude existing settlement negotiations or effectuate service of process. Compensation: Salaries and benefits of employees; Council meets in closed session to review its position and instruct designated representatives (Cal Govt Code §54957.6). Personnel: A closed session is held to discuss the appointment, employment, evaluation of performance, or dismissal of a public employee, or to hear a complaint against the employee unless the employee requests a public hearing (Cal Govt Code §54957.6). It is critical to stress that there shall be no disclosure of closed session confidential information. Members of the Council, employees of the City, or anyone else present shall not disclose to any person, including affected/opposing parties, the press, or anyone else, the content or substance of any discussion which takes place in a closed session without Council direction and concurrence. Whenever possible, written reports received for closed session items will be turned in at the end of the meeting. Typically, closed sessions will be scheduled prior to the public portions of the meeting or at the end of the meeting after public business has been concluded. This is done so public portions of the meeting are not interrupted by closed sessions. In addition, such sessions may require the attendance of special legal counsel and consultants. In an attempt to manage the costs of these professionals, it is beneficial to conduct closed sessions at a time certain. On occasion, during the course of a regular meeting, an issue arises that requires the Council to adjourn to a closed session on the advice of the City Attorney. 2. Consent Calendar: Those items on the Council agenda that are considered to be of a routine and non-controversial nature by the City Administrator are placed on the “Consent Calendar.” These items shall be approved, adopted, accepted, etc., by one motion of the Council. Typical consent calendar items include the final reading and adoption of ordinances, various resolutions approving agreements, awards of contracts, minor budgetary adjustments, meeting minutes, status reports, and reports of routine city operations. Council Members may request that any item listed under “Consent Calendar” be removed from the Consent Calendar, and Council will then take action separately on this item. A member of the public may request that an item listed under “Consent Calendar” be removed and Council action taken separately on the item; the City Council must concur with such a request. Items that are removed (“pulled”) by members of the Council for discussion will typically be heard during the New Business section of the agenda after other Consent Calendar items are approved unless the majority of Council chooses an earlier or later time. Council Members are encouraged to contact the City Administrator’s office prior to 12:00 noon on the day of a Council meeting day to provide notification of items to be removed from the Consent Calendar. This practice allows the City Administrator to notify staff that may need to be present to respond to removed items. 3. Public Comment: During the Public Forum portion of the meeting, any person may address the Council on any item of interest to the public, provided that the item is within the subject matter of 2018 Council Rules of Procedure Page 20 of 40 the jurisdiction of the Council and is not otherwise on the agenda. Except as allowed by the Brown Act, no action shall be taken by the Council on any item not on the agenda. When written materials are presented, they should be submitted to the City Clerk for distribution and record keeping. Comments are typically limited to three minutes per speaker so that all have an opportunity to address the Council. Before any item is opened for public comment, the Mayor may inquire as to the number of persons wishing to address the Council on that item. If more than five (5) persons wish to address the Council on the same side of an item, the Mayor may direct that such persons designate a limited number of speakers (the number to be determined by the Mayor based on the complexity and controversial nature of the issue) to represent that side of the issue. If such persons fail or refuse to designate representative speakers, the Mayor may do so for them. The representative speakers shall be limited to five (5) minutes, and shall be allotted sufficient time to fairly address the issue. If a speaker is being repetitious or discussing matters that are not relevant to the issue under consideration, the Mayor may limit the speaker’s comments. All remarks shall be directed to the Mayor and the Council as a body, and not to any particular Council Member, or member of staff. No person, other than members of the Council and the person having the floor shall be permitted to enter into the discussion unless requested by the Mayor to speak. No member of the public shall direct questions to Council Members individually, or to members of staff, except through the Mayor. Persons making impertinent or slanderous remarks, or who become boisterous so as to disrupt the meeting, may be requested by the Mayor to leave. The Mayor shall discourage demonstrations before the Council, such as applauding or “booing.” Upon instructions by the Mayor, a police officer may be called for the purpose of removing any person who, in the Mayor’s judgment, is disrupting the meeting. Persons ejected for disrupting Council meetings shall be subject to prosecution for violation of Penal Code Section 403 and/or the Brown Act. Any person may submit written comments to the Council through the City Clerk or City Administrator’s Office, and request that members of the Council receive copies of such materials in the agenda packet, provided that such materials are received in sufficient time to be included for distribution in the agenda packet. Otherwise, such materials shall be distributed prior to or at the meeting during which the subject matter will be considered. The Clerk shall charge for the cost of reproducing copies of such written materials if they are in excess of three (3) pages. Videos, PowerPoint or similar presentations may accompany in-person testimony but are subject to the same speaking time limits. Prior notice and coordination with the City Clerk is strongly encouraged and the Mayor reserves the privilege to limit such requests as necessary for the effective conduct of the meeting. Speakers are to address their comments to the City Council from the podium. Public comment on regular business items normally follows staff’s presentation of the staff report, clarifying questions from Council Members as necessary and appropriate. 2018 Council Rules of Procedure Page 21 of 40 4. Council and Staff Reports: Council and Staff Reports provide an opportunity for Council members, City Administrator and Department Directors to address the Council on matters of importance or to update the Council and community on studies that are underway. 5. Department Reports: Regular items are shown on the agenda and are normally taken in the order listed. 6. Public Hearing: In the case of public hearings, once the Council has voted to close the hearing, no member of the public shall be permitted to address the Council or the staff from the audience, except at the discretion of the presiding officer (Mayor). Procedures regarding public hearings are as follows: Introduction. The Mayor announces the subject of the public hearing and declares the public hearing open. Staff and Written Material Presentation. 1. Staff reports and other written materials included in the agenda packet are received and filed. Written comments previously submitted to staff or the Clerk (e.g. letters, protests, and the like) are noted in the record. All parties to the public hearing shall have a reasonable opportunity to review and comment on any written materials submitted to the Council before action is taken. 2. Oral reports are presented by staff members. 3. Staff responds to Council Member questions. Public Comment 1. The purpose of the public comment is to provide an opportunity for the applicant and members of the public to testify in support or in opposition to the matter being heard. 2. The Mayor instructs members of the public: a. To speak into a microphone (so as to maintain a public record). b. That repetition should be avoided. 3. The applicant and/or his/her representative will normally speak first. The applicant (and/or his/her representatives and witnesses), as well as any organized opposition to the matter under consideration (and their representatives and witnesses), will be limited to a total of twenty (20) minutes per side. The applicant shall also be entitled to rebuttal, not to exceed five (5) minutes. The Mayor may inquire as to the number of persons wishing to speak for or against the matter under consideration; or the Mayor may direct all persons wishing to address the Council on the item to submit written requests to speak with the Clerk. If more than five (5) persons wish to address the Council on the same side of the item, the Mayor may direct such persons to designate a limited number of speakers (the number to be determined by the Mayor based on the complexity and controversial nature of the issue) to represent that side of the issue. If such persons fail or refuse to designate representative speakers, the Mayor may do so for them. In complex or controversial matters, the Mayor may extend the time limits commensurate with the amount of time reasonably necessary to present the matter fully. Testimony. Testimony need not be given under oath, and cross examination of witnesses is not permitted, unless either is required by law. Council Deliberation. 1. After the Mayor has determined that no other member of the public wishes to speak, or that all other speakers will be repetitious of the matters previously stated, the item shall be returned to the Council for deliberation. 2018 Council Rules of Procedure Page 22 of 40 2. Council Members make and second a motion, and then discuss the motion. 3. Members of the public may request permission of the Mayor to comment on the motion. 4. The Mayor, at his/her discretion, may allow public comment on the motion. Council Action. 1. The Council may continue the open public hearing to a specific date if it wishes to receive additional information (e.g., a supplemental staff report); or 2. The Council may: a. Close the public hearing and vote on the motion on the floor; b. Offer amendments or substitute motions (additional public comment on the amended or substitute motion is subject to the Mayor’s discretion); or c. Close the public hearing and continue the matter to a later date for decision (no additional reports or testimony may be received unless the hearing is reopened). Order of Presentation of Agenda Items 1. The Mayor introduces the agenda item. 2. The relevant City Staff as identified in the agenda item presents a ‘brief’ overview of the specific agenda item. 3. The floor is returned to the Mayor. 4. The Mayor entertains questions of Council. 5. The time allotted for public comment on both information and action agenda items is limited to three (3) minutes per person, except that the Mayor has the discretion to allow more time as circumstances warrant. Questions and/or requests are to be directed to the Mayor. Upon closing of public comment ALL questions and requests shall be addressed by the Mayor to appropriate staff person. 6. The Mayor will return time to Council Members for follow-up comments/questions and/or closing remarks associated solely with the specific agenda item. 7. The Mayor asks for a motion and second based on the recommendation of City Staff and/or Council desire. The Mayor shall then call for a vote on motions properly made and seconded. The Mayor shall be in charge of making a record and/or providing said wording when requesting motion. Requests for additional wording may be entertained in the form of a motion. 8. If a motion fails, the Mayor may request another motion. 9. When the Council has completed its consideration of an agenda item, then the Mayor shall call the next agenda item. Ordinances, Resolutions, and Contracts All ordinances, resolutions, and contracts shall be approved as to form and legality by the City Attorney and as to content by the City Administrator, before submission to the Council. All contracts shall be executed by the other party before submission to the City Council. The City Administrator may waive this requirement. Unless a member requests full reading, a proposed ordinance will be read by title only. An affirmative vote of at least three members of the full Council shall be necessary to adopt any ordinance. Urgency ordinances and supplemental appropriations must be adopted by at least a four-fifths (4/5) vote of the full Council. 2018 Council Rules of Procedure Page 23 of 40 The City Clerk will assign a number to the ordinance, and publish and post the ordinance, or a summary thereof, as required by law. Any summary must be approved by the City Attorney before it may be posted and published. The ordinance shall be filed and preserved in the City Clerk’s office. Discussion Rules To assist the City Council in the orderly discussion of items, rules are followed which represent accepted practices for the management of Council meetings. 1. Interruptions: a. Once recognized, a Council Member is considered to have the floor, and another Council Member may not interrupt the speaker except to make a point of order or point of personal privilege. In such a circumstance, the Council Member holding the floor shall cease speaking until the point of order or privilege is resolved. b. Upon being recognized by the Mayor, members of the staff shall hold the floor until completion of their remarks or until recognition is withdrawn by the Mayor. 2. Discussion: A Council Member should not speak more than once on a particular subject until every other Council Member has had the opportunity to speak. Council Members are encouraged to discuss items during the decision-making process and may ask the City Administrator to respond when appropriate. The Mayor normally allows other members to speak first, then will give his/her views and summarize. 3. Tabling Procedure: Tabling an item immediately stops discussion and causes a vote to postpone the item indefinitely or to a time and date certain. A motion to “continue” an agenda item has the same effect, but is generally used when a scheduling problem arises or when insufficient time is available to address the matter thoroughly. 4. Right of Protest: A Council Member is not required to state reasons for a dissenting vote, but may do so if done in a professional manner. 5. Calling for the Question: The purpose of calling for the question is to disallow further debate and put an issue to an immediate vote. A Council Member may move to “call for the question” on an item which is being considered. The motion requires a second, is not debatable, and must pass by a four-fifths vote. If the motion carries, the item is no longer debatable and the City Council must vote on it. 6. Personal Privilege: The right of a Council Member to address the Council on a question of personal privilege shall be limited to cases in which the integrity, character, or motives of the Council Member have been brought into question. The Council Member shall not interrupt the speaker and shall be recognized by the Mayor before speaking. Voting Procedures When present, all Council Members are to vote. Council Members wishing to abstain from a particular vote shall orally state their abstentions. 2018 Council Rules of Procedure Page 24 of 40 No ordinance, resolution or motion shall be passed or become effective without an affirmative vote by the majority with a quorum present or as required by law. A conflict of interest shall be declared whenever appropriate and in compliance with state law. The affected Council Member will step down from the dais and leave the Chambers. Upon the request of any Council Member, a roll call vote will be taken and recorded by the Clerk on the motion before the Council. The Mayor’s name shall be called last with other member’s names called at random by the City Clerk. Members shall not give explanations for their vote during a roll call. Tie Vote: A tie vote is equivalent to a motion that has failed. The presiding officer may publicly explain the effect of the tie vote for the audience or may direct a member of the staff to do so. Rules of Debate: The Mayor as presiding officer may move, second, and debate items from the Chair, and shall not be deprived of any rights or privileges of a Council Member. Any ruling of the Mayor may be appealed at the request of any Council Member. The Mayor shall call for a roll call vote to determine if the ruling is upheld. When a motion is before the Council, no motion shall be entertained except: 1. Motion to Amend. Amendments that modify a motion on the floor are in order and may be debated only if the modification does not significantly alter the substance of the original motion. The proposed amendment is voted on first; the main motion is voted on last (as amended or in its original form if the amendment is defeated). A motion may be amended more than once with each amendment being voted on separately. There shall be only one amending motion on the floor at any time. 2. Motion to Postpone. A motion to postpone the debate indefinitely is always in order and is subject to debate. If such a motion is adopted, then the discussion on the issue before the Council ends with no further discussion. A motion to postpone to a definite time is always in order, but is not subject to debate except as to the proposed continued date. If such a motion is adopted, then the discussion on the issue is delayed to a later date. 3. Motion to Table. A motion to table is always in order. It is not subject to debate or to amendment. The purpose of a motion to table is to bypass the item temporarily. If a motion to table is adopted, the item may be taken from the table at any time prior to adjournment of the next regular meeting. Items that are tabled shall automatically be set on the agenda for the next regular meeting. If the item is not taken from the table within the time specified, the principal question is lost. Continuation of an Item: Any Council Member may, as a matter of personal privilege, continue an item that is not subject to a deadline to the next regular Council meeting. This continuance may be overruled by majority vote of the Council Members present. Any person may request continuance of an item. The Council, by majority vote of those present, may grant the continuance. Motion to Reconsider: A motion to reconsider any action taken by the Council may be made within thirty (30) days after the Council’s vote. A four-fifths (4/5) vote of the full Council shall be 2018 Council Rules of Procedure Page 25 of 40 required for the Council to change any action after the City has completed the activities authorized in the Council’s prior vote. Other Guidelines Other guidelines have been developed to ensure that meetings of the Council are conducted in a civil and professional manner. Council Members and staff shall: 1. Work to preserve appropriate order and decorum during all meetings. 2. Discourage side conversations, disruptions, interruptions or delaying efforts. 3. Inform the Mayor before departing from a meeting. 4. Limit disruptive behavior. The Mayor will call persons demonstrating rude, boisterous, or profane behavior to order. If such conduct continues, the Mayor may call a recess, request the removal of such person(s) from the Council Chambers, adjourn the meeting, or take such other appropriate action. The Council has a policy to discourage applause, booing or other similar behaviors from the public during meetings. 5. Limit breaks of the City Council to 5-10 minutes. The Mayor may resume the meeting if a quorum exists and other members have not returned from the break within the announced time period. 6. Impose time limits on speakers. While the City Council encourages and embraces the need for and right of public participation, it acknowledges that public comments must, at times, be limited. Therefore, the Mayor, as presiding officer, may poll the audience for an indication of the number of people wishing to speak, and to impose time limits per speaker. Typically, speakers are limited to three (3) minutes but a shorter time limit may be established as deemed necessary. When a member of the public is to speak on behalf of others in attendance, a maximum time limit of ten (10) minutes is usually imposed. After the time limit, Council may ask questions of the speaker for clarification, if needed. Each speaker will be thanked for his or her participation. Values of Respect: The City Council has also recognized the importance of approaching the public’s business in an environment of personal respect and courtesy, which places emphasis on the consideration of policy and avoids personalization of comments. Some guidelines utilized by the City Council include: 1. Discussion should focus on policy matters 2. Personal criticism of members is inappropriate 3. Proper decorum should be displayed as other members express their views 4. Treat members of the public equally, applying rules in a fair and consistent manner Enforcement of Order: The Police Chief or his/her designee acts as the Sergeant-At-Arms. The Mayor may request the Police Chief or his/her designee to enforce the rules of protocol. 2018 Council Rules of Procedure Page 26 of 40 Open Meeting Laws (“The Brown Act”) Operations and procedures of the City and City Council incorporate requirements of the state’s open meeting law (commonly referred to as the Brown Act). Because this law is such an important part of local government operations, some specific requirements of the law are highlighted below. Applicability and Penalties: The entire city organization conducts its business in compliance with the Ralph M. Brown Act, State Government Code Section 54950. The intent of the Act is to ensure that deliberation and actions of local public agencies are conducted in open and at public meetings. A. Applicability: The Act applies to Council and all commissions, boards and Council appointed subcommittees (except if comprised entirely of two Council Members) and task forces that advise Council. Staff cannot promote actions that would violate the Act. B. Meetings: All meetings shall be open and public. A City Council meeting takes place whenever a quorum (3 or more members) is present and information about the business of the body is received; discussions qualify as a meeting. Social functions (e.g., receptions, dinners) do not fall under the Act unless city business is discussed. Serial meetings take place when any member of Council or city staff contact more than two Council Members for the purpose of deliberating or acting upon an item pending before the City Council. This restriction does not apply to the public or media who may contact Council Members. Correspondence that merely takes a position on an issue is acceptable. Note that the Brown Act applies to City Council Members immediately after their election and prior to their swearing-in ceremony. C. Agendas: Agendas for regular meetings must be posted 72 hours in advance of the meeting and must meet various requirements. D. Actions: No action can be taken on any item not appearing on the posted agenda. Exceptions: 1) An emergency situation exists (determined by a majority of the Council). 2) The need to take action arose subsequent to the agenda being posted and there is a need for immediate action (determined by 2/3 vote of the Council; or if less than 2/3 are present, by unanimous vote). 3) The item was continued to another meeting that was scheduled and posted within 5 days of the original agenda. E. Public Input: The public, by law, has an opportunity to address the Council on any item of interest to the public that is within the jurisdiction of the Council, at the time the matter is heard. The Mayor has the right to establish a time limit on speakers and the total time allocated for a particular issue. Three minutes per speaker has been standard, but in unusual cases either shorter or longer time periods may be established by the Mayor or the Council. F. Public Disruptions: A portion or all of the public may be removed if willful disruption makes conducting the meeting "unfeasible"; the press may remain unless they participate in the disruption. (Government Code Section 54957.9) G. Correspondence: All writings distributed for discussion or consideration at a public meeting are public records. 2018 Council Rules of Procedure Page 27 of 40 H. Special Meetings: Special meetings may be called by the City Clerk or City Administrator with strict notification requirements for delivery to the media and Council 24 hours before the time of the meeting. I. Emergency Meetings: Emergency meetings may be called without notification due to the disruption or threatened disruption of public facilities. Only work stoppages or crippling disasters that impair the public health and/or safety qualify for emergency meetings. J. Other Provisions: The Act provides many other restrictions and requirements; this chapter is intended merely as a Council summary and overview of the Act, and nothing in this Chapter supersedes the provisions of the Brown Act. Please check with the City Attorney and/or the City Clerk for more information. 2018 Council Rules of Procedure Page 28 of 40 Council Communications Overview Perhaps the most fundamental role of a Council Member is communication—communication with the public to assess community opinions and needs—communication with staff to provide policy direction and to gain an understanding of the implications of various policy alternatives. Because the City Council performs as a body (that is, acting based on the will of the majority as opposed to individuals), it is important that general guidelines be understood when speaking as a Council Member. Equally important, when members are expressing personal views and not those of the Council, the public should be so advised. Correspondence from Council Members Members of the City Council may occasionally be called upon to write letters to citizens, businesses or other public agencies. Typically, the Mayor will be charged with transmitting the City’s position on policy matters to outside agencies on behalf of the City Council. Correspondence sent on behalf of the Council is placed on official City letterhead and is signed by the Mayor or City Administrator. Individual members of Council may prepare letters to constituents in response to inquiries or to provide requested information. Individualized City Council Member letterhead is available for this purpose, and staff can assist in the preparation of such correspondence. On occasion, members may wish to transmit correspondence on an issue upon which the Council has yet to take a position or about an issue for which the Council has no position. In these circumstances, members should use their individualized letterhead and clearly indicate within letters that they are not speaking for the City Council as a whole, but for themselves as one member of Council. Council Members may be asked to prepare letters of recommendation for students and others seeking appointment. It is appropriate for individual Council Members to utilize City letterhead and their Council titles for such letters. No review by the full Council is required, however, copies will be kept on file. Speaking for “The City” Similar to written correspondence, when members are requested to speak to groups or are asked the Council’s position on an issue, the response should reflect the position of the Council as a whole. Of course, a member may clarify their vote on a matter by stating, for example, “While I voted against “X”, the City Council voted in support of it.” When representing the City at meetings or other venues, it is important that those in attendance gain an understanding of the City Council’s position rather than that of an individual member. When dealing with members of the media, it is usually the Mayor who represents the position and interest of the City Council if time allows. The City Administrator or a Department Head may be authorized to speak on issues within their expertise. Similarly, when the City issues a Press Release, the Mayor is consulted in terms of any Council Member quotes or references. The City Administrator, in 2018 Council Rules of Procedure Page 29 of 40 consultation with the Mayor, decides whether staff is available to respond to media requests directly or not. Local Ballot Measures At times measures that affect City Council policy may be placed on the ballot. There are restrictions regarding what actions a City Council or individual Members may take on ballot measures. Guidelines as to what is permissible are available from the City Clerk or City Attorney upon request. State Legislation, Propositions The City has been a member of the League of California Cities for many years. When an advisory is received from this organization or as a result of City staff following key legislative bills of importance to the City, the Council is at times requested to take a position or an action on pending state legislation. No position can be taken without a majority of the Council, voting in an official meeting of the Council, supporting the position. Unless Council has previously acted on a similar bill in the recent past, in which the City’s position is clear, the Council has a practice of requiring analysis and discussion of bills prior to taking an official position. The analysis includes a summary of the legislation’s purpose and a listing of those entities both in support of and against the proposed legislation. Proclamations Ceremonial proclamations are often requested of the City in recognition of an event or individual. Proclamations are not statements of policy but a manner in which the city can make special recognition of an event (e.g., Recycling Week) or individual. As part of his/her ceremonial responsibilities, the Mayor is charged with administration of proclamations. Individual Council Members do not issue proclamations. Proclamations can be sent to the requestor or presented at a City Council meeting as arranged with the requesting body and at the Mayor’s discretion. 2018 Council Rules of Procedure Page 30 of 40 Interaction with City Staff Overview City Council policy is implemented on a daily basis through staff. Therefore, it is critical that the relationship between Council and staff be well understood by all parties so that policies and programs may be implemented successfully. The City of Chowchilla has a long tradition of positive relationships between members of the City Council and staff. To maintain these effective relationships it is important that roles are clearly recognized. Council-Administrator Form of Government Like most California cities, Chowchilla has adopted a City Council-City Administrator form of government. The Council appoints a City Administrator to implement policy, enforce its laws, to direct the daily operations of city government, and to prepare and monitor the mu nicipal budget. Council Members work through the City Administrator in dealing with City staff. The City Administrator is responsible to the City Council as a body rather than to individual Council Members. Council-Administrator Relationship The employment relationship between the City Council and City Administrator reflects the fact that the City Administrator is the chief executive officer of the City. The City Administrator has an employment agreement with the City Council. Regular communication between the City Council and City Administrator is important in maintaining effective interpersonal relations. All dealings with the City Administrator, whether in public or private, should be consistent with the authority of the City Administrator in administrative and personnel matters. Council Members should avoid situations that can result in City staff being directed, intentionally or unintentionally, by one or more members of the City Council. Further, Council Members should avoid involving themselves in matters regarding individual City employees or related affairs. As in any professional relationship, it is important that the City Administrator keep the City Council informed. The City Administrator respects that the final responsibility for establishing the policy direction of the City is held by the City Council. The City Administrator communicates with City Council in various ways. In addition to the formal Council meetings, there are periodic briefing meetings with individual Council Members and written memoranda and email. Communication must be undertaken in such a way that all Council Members are treated similarly and kept equally informed. It is also important that the Council provide ongoing feedback, information and perceptions to the City Administrator including responses to written communications and surveys requesting feedback. City Administrator Code of Ethics The City Administrator is subject to a professional code of ethics, as outlined by the International City/County Management Association (ICMA), that binds the City Administrator to certain practices that are designed to ensure his or her actions are in support of the City’s best interests. Violations of such standards can result in censure by ICMA. 2018 Council Rules of Procedure Page 31 of 40 City Council-City Attorney Relationship The City Attorney is the legal advisor for the Council, City Administrator and departments. The general legal responsibilities of the City Attorney are to: 1) provide legal assistance necessary for formulation and implementation of legislative policies and projects; 2) represent the City's interest, as determined by the City Council, in litigation, administrative hearings, negotiations and similar proceedings; 3) prepare and/or review ordinances, resolutions, contracts and other legal documents to best reflect and implement the purposes for which they are prepared; and 4) keep City Council and staff apprised of court rulings and legislation affecting the legal interest of the City. It is important to note that the City Attorney does not represent individual members of Council, but the City Council as a whole. Roles and Information Flow Objectives: It is the intent of staff to ensure Council Members have free and easy access to information from the City and to ensure that such information is communicated completely, with candor and without bias. Individual Council Members may not intervene in staff decision-making, the development of staff recommendations, scheduling of work, or executing department priorities without the prior knowledge and approval of the City Council as a whole. This is necessary to protect staff from undue influence and pressure from individual Council Members, and to allow staff to execute the priorities given by management and the Council as a whole without fear of reprisal. Council Roles: The full City Council retains power to accept, reject, amend, influence, or otherwise guide and direct staff actions, decisions, recommendations, service levels, workloads and schedules, departmental priorities, and the performance of City business. If a Council Member wishes to influence the actions, decisions, recommendations, workloads, work schedule, and priorities of staff, that member must prevail upon the Council to do so as a matter of Council policy. Should a Council Member become dissatisfied about a department, he/she should always talk it over with the City Administrator, not the Department Head. Concerns about a Department Head must be taken to the City Administrator only. Access to Information: Individual Council Members as well as the Council as a whole shall receive the full cooperation and candor of staff in being provided with any requested information. The City Administrator or appropriate staff will inform council when a critical or unusual event occurs about which the public would be concerned. To assist the City Administrator in his ability to monitor the flow of information, requests for information are best tracked if submitted in writing, either in memorandum form or through email. There are limited restrictions when information cannot be provided. Draft documents (e.g., staff reports in progress, administrative draft EIRs) under review are not available for release until complete and after review by city management. In addition, there are legal restrictions on the City’s ability to release certain personnel information even to members of the City Council. Certain aspects of Police Department affairs (access to restricted or confidential information related to crimes) may not be available to members of the Council. 2018 Council Rules of Procedure Page 32 of 40 City Council Members have a responsibility in this information flow as well. It is critical that they make use of staff reports and commission minutes. Council Members should come to meetings well prepared – having read staff reports and attachments, and requesting in advance any necessary and available information from the City Administrator. If a Council Member has questions on an agenda item, that member should preferably contact the City Administrator or the relevant department head prior to the meeting in order to allow staff time to research a response for the meeting. Staff Roles: The Council recognizes the primary functions of staff as serving the community, executing Council policy and actions and in keeping the Council informed. Staff is obligated to take guidance and direction only from the City Administrator who operates at the guidance and direction of the Council. Staff is directed to report to the City Administrator any attempts by individual members of the Council to unduly direct or otherwise pressure them into making, changing or otherwise influencing recommendations. City staff will make every effort to respond in a timely and professional manner to all requests made by individual Council Members for information or assistance; provided that, in the judgment of the City Administrator, the request is not of a magnitude, either in terms of workload or policy, which would require that it would be more appropriately assigned to staff through the direction of the full City Council. If a request by an individual Council Member is determined by the City Administrator to take one hour or more of staff time to complete, that request may be included on the formal Council agenda for full Council discussion. Dissemination of Information In cases where a staff response to an individual Council Member request involves written materials that may be of interest to other Council Members, the City Administrator will provide copies of the material to all other Council Members. In making this judgment, the City Administrator will consider whether the information is significant, new, and otherwise not available to the Council or of interest to the Council. Magnitude of Information Request Any information, service-related request, or revised policy position perceived as necessary by individual Council Members, and that cannot be fulfilled based on the above guidelines, should be submitted by the individual Council Member in writing to the Council as a whole. When raised at a Council meeting, the full Council can decide whether and when to agendize the request for further consideration. The City Administrator will seek necessary clarification as to whether the Council desires staff research or a report prepared; and, if so, the relative priority that should be given to such a request in light of other priorities and potential workload impacts. Staff Relationship with Advisory Bodies Staff support and assistance is typically provided to commissions and task forces. However, advisory bodies do not have authority over City employees. While staff may work closely with advisory bodies, staff members remain responsible to their immediate supervisors and ultimately the City Administrator. The members of the commission/ board/committee are responsible for the functions of the advisory body, and the chairperson is responsible for committee compliance with City policies. 2018 Council Rules of Procedure Page 33 of 40 Staff support often includes preparation of an agenda and its posting in compliance with the Brown Act. Staff may also prepare reports providing background on the issue, alternatives, a recommendation, and appropriate backup materials, if necessary. Advisory body members should have sufficient information to reach decisions based upon a clear explanation of the issues. The assigned staff person may serve as secretary, taking minutes as needed. Staff members are to assist the advisory body chair to ensure appropriate compliance with state and local laws and regulations. It is important that advisory bodies wishing to communicate recommendations to the City Council do so through approved Council agenda procedures. In addition, if a commission wishes to correspond with an outside agency, that correspondence will be prepared by staff for review by the City Administrator and possible approval by the City Council. Individuals who would like staff to perform research or for the commission to review a particular issue must gain the approval for such a request from the full City Council before any work is planned or done. Restrictions on Political Involvement by Staff Local governments are non-partisan entities. Professional staff, as reflected within the principles of the Council-Administrator form of government, formulates recommendations in compliance with Council policy and for the good of the community and is not influenced by political factors. For this reason, it is very important to understand the restrictions of staff in any level of political involvement through campaigns, fund-raisers, or other means. By working for the City, staff members do not surrender rights to be involved in local elections. Indeed, laws are in place to preserve those rights. However, there are limitations to such involvement. Different restrictions apply to management and to general employees. General employees have no restrictions while off the job. No participation in campaigns or other activities may take place while on the job. No City resources may be used by staff in support of any campaign. Even while off the job, no employee may participate in campaign or other activities in a City uniform. For example, posing for a promotional photograph for a candidate for local office while in uniform is inappropriate. The support of the City Council in these matters is requested. A Council Member asking staff to sign petitions or similar items can similarly create an awkward situation. For management staff, the City Administrator strongly discourages any involvement in a local campaign even while on personal time. Such involvement could erode the tenet that staff is to provide an equal level of service to all members of the City Council. The City Administrator specifically prohibits any political involvement in local campaigns by Department Heads. 2018 Council Rules of Procedure Page 34 of 40 Support Provided to City Council Staff Support General administrative support to members of the City Council is provided through the City Administrator’s Office. Secretarial services including scheduling of appointments, receipt of telephone messages, and word processing are available as needed. In addition to supporting the five City Council Members, the administrative support staff member also assists the City Administrator and acts as Deputy City Clerk. Sensitivity to the workload of support staff members in the City Administrator’s Office is appreciated. Should requested tasks require significant time commitments, prior consultation with the City Administrator is requested. Office Equipment To enhance Council Members’ ability to communicate with staff and the public, the City Council office is equipped with a computer and telephones with voicemail. The Council can also receive and send faxes. In addition, Council Member’s cell phones can be used to access their City email. These technologies facilitate efficient communication by Council Members. However, their use also raises important legal issues to which Council Members must pay special attention. First, the Brown Act prohibits members from using “technological devices” to develop a concurrence by a majority regarding an action to be taken by the Council. “Technological devices” under the Brown Act include phones, faxes, computer email, public access cable TV and video. Council Members should not use e-mail, faxes or phones for communicating with other Council Members in order to develop a majority position on any particular issue that may come before the full Council. Be aware that most emails sent by Council Members probably are public records under the Public Records Act. Even though it does not create paper, sending email is more similar to mailing a letter than placing a telephone call. The information in the email is stored on the computer network until deleted, and may continue to exist on the network’s back-up systems even after being deleted. As a result, emails can become records of the City maintained in the course of business, and thus available for public disclosure under the Public Records Act. This restriction applies to the conducting of City business on a private email account as well. Finally, the City’s email system is intended for the conduct of official business, and not for political reasons. See CHAPTER 8 for a detailed discussion on the prohibition against using City property and funds for personal or political purposes. Meeting Rooms An office is available for shared use by members of the City Council. Council Members can also reserve larger meeting space for use by contacting the City Administrator’s Office staff. 2018 Council Rules of Procedure Page 35 of 40 Mail, Deliveries Members of the City Council receive mail and other materials from the public, private interests and staff. The City Administrator’s Office staff maintains a mail folder for each member. Meeting agenda materials are typically available for pick up Friday evenings at 6:30 p.m. and are posted on the City’s website. 2018 Council Rules of Procedure Page 36 of 40 Financial Matters Council Compensation State law and the Municipal Code provide for modest compensation to members of the City Council. State law limits an increase in city council salaries to 5% per year, effective only following the next election after adoption. Currently, Council Members receive a stipend of $300 per month. Council Members are also eligible for participation in group insurance benefits including medical, dental, vision, and life insurance plans. Additionally, the City may budget for travel and training required of Council members. Such expenditures should correlate with a Council member’s Council responsibilities and committee assignments. Expenditure Allowance The annual city budget includes limited funding for members to undertake official City business. Eligible expenses include travel for attendance at conferences or educational seminars, and the purchase of publications and annual subscriptions. Travel expense reimbursement for meals does not allow reimbursement for alcohol. Donations to organizations are not eligible nor are meals for individuals other than Council Members. Available funds are disbursed on a first come first served basis, with the Finance Director and City Administrator monitoring expenses during the year. During the course of the fiscal year, financial allocations are made within the context of the City’s limited budgetary resources. Expenditure Guidelines It is important to note that any expense must be related to City affairs. Public property and funds may not be used for any private or personal purpose. Courts have ruled that this prohibition includes personal political purposes. For example, reimbursement could not be allowed to pay for meals at a meeting designed to discuss political or campaign strategies. It is also inappropriate for City funds to pay for a meal or other expenses of a private citizen. City budgetary practices and accounting controls apply to expenditures within the City Council budget. Reimbursement requests should be made through the City Administrator’s Office with receipts. Expenditure records are public information. Questions arising as to the proper application or interpretation of the adopted policy will result in the City Administrator conferring with the Mayor. 2018 Council Rules of Procedure Page 37 of 40 Conflicts & Liability Conflict of Interest State laws are in place to prevent an action by a Council Member that would or may constitute a conflict of interest. The purpose of such laws and regulations is to ensure that all actions are taken in the public interest. At any time a Member believes a potential for conflict of interest exists, he/she is encouraged to consult with the City Attorney or private legal counsel for advice. Staff may also request an opinion from the City Attorney regarding a member’s potential conflict. Laws that regulate conflicts are very complicated. Violations may result in significant penalties including criminal prosecution. There are two primary laws that govern conflicts of interest for public officials in California - the Political Reform Act and Government Code §1090. In general terms, the Political Reform Act prohibits a public official from having a financial interest in a decision before the official; §1090 prohibits a public official from having an interest in government contracts. The Political Reform Act prohibits public officials from making, participating in, or in any way attempting to use their official position to influence a governmental decision in which they know, or have reason to know, that they have a financial interest. Therefore, if a public official has a conflict of interest, the official must disqualify himself or herself from acting on or participating in the decision before the City. Once a year Council Members and certain staff are required to file statements of economic interests. Government Code §1090 is similar to the Political Reform Act, but applies only to City contracts in which a public official has a financial interest. The financial interests covered by §1090 are different from those in the Political Reform Act. A Member having an interest in a contract may preclude the City from entering into the contract at all. In addition, the penalties for violating §1090 are severe. If a Council Member believes that he or she may have any financial interest in a contract that will be before the Council, the Member should immediately seek advice from the City Attorney or the Member’s personal attorney. There are a number of other restrictions placed on Council actions that include prohibitions on secrecy and discrimination as well as assurance that all city funds are spent for public purposes. Violations of these restrictions may result in personal liability for individual Council Members. City Attorney Advice The City Attorney has an affirmative duty to protect the City and City Council from conflicts of interest wherever possible. It is critical to note that while the City Attorney can render advice on the interpretation of state laws and regulations on conflict matters, such advice is solely an interpretation of the law. The only authority that can provide binding interpretations on such matters is the State Fair Political Practices Commission (FPPC). Members or the full Council may also solicit opinions on such matters directly from the FPPC; however, such opinions often take time to develop and may not readily respond to urgent matters. It is important to note that the City Attorney does not represent individual members of Council, but the City Council as a whole. 2018 Council Rules of Procedure Page 38 of 40 Conflict of Interest Forms Annual disclosure statements are required of all Council members, designated commissioners and senior staff which indicate potential conflicts of interest including sources of income, ownership of property and receipt of loans and gifts. Council Members and the City Administrator often serve on the governing board of other agencies as a result of their positions. These agencies also require submittal of disclosure forms. These forms require information including income, loans, receipt of gifts, and interest in real property among other items. Liability The City offers a variety of services and may occasionally find itself subject to legal actions through lawsuits. For example, those involved in automobile accidents sometimes choose to take actions against a City since the accident occurred on a City roadway. The City must always approach its responsibilities in a manner that reduces risk to all involved; however, with such a wide variety of high- profile services all risk cannot be eliminated. The City belongs to an agency with other governments to manage insurance and risk activities. It is important to note that violations of certain laws and regulations by individual members of the City Council may result in that member’s being personally liable for damages which would not be covered by the City’s insurance. Examples may include discrimination, harassment or fraud. 2018 Council Rules of Procedure Page 39 of 40 Additional Training & Resource Materials League of California Cities The League is an association of virtually all cities in California. It provides many services including the production of educational conferences for local officials, publication of various newsletters and the monthly magazine Western City. The League has lobbyists on staff to represent the interest of cities before the state legislature and federal government and supports committees having local officials as members that are organized to address issues as they arise. The League has an Internet web site at www.cacities.org. The City of Chowchilla participates in League activities through the South San Joaquin Valley Division. Local Government Commission The Commission is a California-based organization that focuses largely on planning and resource conservation issues. It conducts workshops, offers periodic seminars, and publishes newsletters. International City/County Management Association (ICMA) ICMA is a professional association of local government chief executives/city Administrators. The association has an extensive list of publications to assist local officials. Other Reference Material Available Open & Public IV: A Guide to the Ralph M. Brown Act (LOCC publication) A Guide to the Political Reform Act City Council Resource Binder that includes publications relating to: Responsibilities & Powers Leadership Skills Public Trust & Transparency Making Decisions Land Use Finance Management Working with Residents and the Media Working with Staff City of Chowchilla Municipal Code 2018 Council Rules of Procedure Page 40 of 40 City of Victorville City Council Policy and Procedures Manual Adopted by the Victorville City Council by Resolution No. 17-056 on October 3, 2017 Revised by Resolution No. 18-074 on September 4, 2018 Revised by Resolution No. 19-057 on October 1, 2019 Revised by Resolution No. 20-055 on June 23, 2020 Revised by Resolution No. 21-021 on March 16, 2021 Attachment 4 -i- T A B L E O F C O N TEN T S TABLE OF CONTENTS i CHAPTER 1 - INTRODUCTION AND PURPOSE 1 CHAPTER 2 - ROLE OF CITY COUNCIL 2 CHAPTER 3 - COUNCIL MEETINGS 11 CHAPTER 4 - AGENDA 19 CHAPTER 5 - MEETING RULES OF CONDUCT AND DECORUM 22 CHAPTER 6 - ADMINISTRATIVE MATTERS 32 CHAPTER 7 - RELATIONSHIP AND CONDUCT 35 CHAPTER 8 – COMMUNICATION AND REPRESENTATION 40 CHAPTER 9 - COMMISSIONS, COMMITTEES AND BOARDS 48 CHAPTER 10 - ENFORCEMENT 52 Chapter 1 1 C H A P T E R 1 ‐ I N T R O DUC T I O N AND PURPOSE I. PURPOSE OF MANUAL A. Compile, Revise and Adopt Rules and Policies. By adopting this Policy and Procedures Manual (“Manual”), the City Council of the City of Victorville (the “City Council” or “Council”) hereby establishes updated Rules of Procedure for the preparation of its agendas, conduct of its meetings, and transaction of other City Business. In addition, by adopting this Manual, the City Council further compiles, consolidates, updates, and supersedes any prior Council Policies, Resolutions, rules, and related administrative procedures that have been formally adopted by the City Council addressing the subject matter and/or the topics discussed herein. B. Provide Standards and Guidance. The purpose of this Manual is to set a standard of professionalism for the conduct of the City Council’s business. Victorville has a long and proud tradition of open government and civil, intelligent public discourse. This Manual is intended to enhance public participation and Council debate so that the best possible decisions can be made for Victorville. While attempting not to be overly restrictive; procedures, policies, and codes of ethics and conduct are being established and/or clarified so that expectations and practices are clearly articulated to guide City Councilmembers in their day-to-day conduct and actions. C. Ease of Reference. Having the majority of the rules, procedures, practices and policies (hereinafter collectively “Rules”) of the Victorville City Council consolidated and contained in a single, easily-accessible document will clarify expectations and responsibilities and will streamline the conduct of meetings and other City Council business in the public interest. II. EFFECTIVE DATE AND PERIODIC REVIEW/UPDATE OF MANUAL A. Effective Date. The Rules contained in this Manual shall be in effect immediately upon their adoption by City Council resolution, and shall remain in effect until such time as this Manual is amended and new Rules are adopted and/or updated by City Council resolution. B. Biennial Review. This Manual will be reviewed at least biennially (once every two years) and be revised by City Council Resolution if and as needed. Chapter 2 2 C H A P T E R 2 ‐ R O L E OF CITY COUNCIL I. OVERVIEW A. City Council Acts as a Body. One of the fundamental tenets of city governance is recognizing that the City Council acts as a body. No individual Councilmember has extraordinary powers beyond those of other members. Although the Mayor and the Mayor Pro Tempore (“Pro Tem”) have additional ceremonial, parliamentary and administrative responsibilities as described below and elsewhere in this Manual, with respect to the establishment of policies, voting, and in other significant areas, all members are equal. B. Establishment of City Policy. City Policy is established and direction is given to City staff by a majority vote of the Council. Neither the Mayor nor the Mayor Pro Tem has veto power or any other policy-making authority beyond that of the other Councilmembers. C. Decisions of Majority of Body Binding on City Council. While individual Councilmembers may disagree with decisions of the majority, a decision of the majority does bind the City Council to a course of action and provides City staff with clear direction to follow. Similarly, City staff is responsible to ensure that the policy set by the City Council is implemented and upheld consistent with the wishes of the majority. Implementation of City Council policy by staff does not reflect a bias against Councilmembers who held a minority opinion on an issue. II. COUNCIL ELECTION AND GOVERNANCE The City of Victorville is governed by a five-member City Council elected to four-year terms on a staggered basis. Councilmembers are elected in the general election in November of even- numbered years. The Mayor and Mayor Pro Tem will be appointed by a majority vote of the entire membership of the City Council. The City Council shall appoint the Mayor and Mayor Pro Tem for one-year terms at the first regular meeting in December of every year or as soon thereafter as feasible and, when applicable, following the certification of election results and seating of new City Councilmembers. The newly-appointed Mayor and Mayor Pro Tem assume their positions immediately following the majority vote. The nomination and appointment procedure for the offices of Mayor and Mayor Pro Tem shall be conducted in successive order and as shown below. 1. The City Clerk opens nominations. 2. The City Clerk receives up to one nomination per Councilmember until no further nominations are forthcoming. Seconds are not required. 3. The City Clerk closes nominations. Chapter 2 3 4. The City Clerk calls on each Councilmember to cast by verbal vote the name of his/her nominee of choice. 5. The City Clerk announces the outcome of the vote and declares the appointment upon a majority vote of the full membership. 6. If an appointment is not confirmed, the City Clerk repeats the foregoing procedure once more on the prospect of the City Council reaching agreement. The newly-appointed Mayor shall preside over the process for the office of Mayor Pro Tem, unless he/she prefers the City Clerk facilitate the appointment. Should the City Council be unsuccessful in its appointment efforts, whether it be by insufficiency of votes or failed action pursuant to Chapter 5, Section R, Tie Votes, the item shall be reconsidered during the next regular City Council meeting in expectation of securing the requisite consensus of the full body. If such consensus is not gained after the second consecutive Council meeting during which one or more appointments were considered, the sitting Mayor and/or Mayor Pro Tem, as applicable, shall remain in office until the next annual organizational meeting. III. ROLE AND DUTIES OF MAYOR A. Official Ceremonial Head of City. The Mayor is recognized as the official head of the City for all ceremonial purposes and shall perform such other duties consistent with the office as set forth in this Manual and as may be delegated to the Mayor by majority vote of the City Council. B. Presiding Officer. The Mayor is the Presiding Officer at all meetings of the City Council and acts as the chair. In this role, the Mayor has authority and discretion 1. to preserve order at all Council meetings by facilitating the effective conduct of business during meetings and assisting, when deemed necessary, fellow Councilmembers in understanding their roles and responsibilities in municipal governance; 2. to enforce (or cause to be enforced) the Meeting Rules of Conduct and Decorum as set forth in Chapter 5 of this Manual; 3. to determine the order of business at meetings of the City Council; and 4. to require any person addressing the City Council to be sworn as a witness and to testify under oath when, for example, testifying in judicial or quasi-judicial proceedings. The Mayor or other Presiding Officer shall also require such swearing-in if directed to do so by a majority of the Council. Chapter 2 4 C. External Communication of Policy. The Mayor is to faithfully communicate the position of the Council majority in matters of policy. D. Seating Arrangement for City Council. The Mayor assumes the center chair on the dais and oversees the seating location of the other Councilmembers at all meetings of the Council, in council chambers or elsewhere. The Mayor will, following each Council election of officers and at such other times as the Mayor deems it necessary, establish the seating arrangement of the Councilmembers. The Mayor Pro Tem will always be seated immediately next to the Mayor. E. Signing Documents. The Mayor, whenever available, shall sign all ordinances, resolutions and other documents that have been adopted and authorized by the City Council and require an official signature. However, the City Manager or another City official may sign certain documents when so authorized by Council action and/or the provisions of the Victorville Municipal Code. F. Absence of Mayor. In the absence of the Mayor, the Mayor Pro Tem performs the duties of the Mayor, including acting as the Presiding Officer at meetings. When both the Mayor and the Mayor Pro Tem are absent from any meeting of the Council, the City Clerk shall call the Council to order, whereupon a temporary Presiding Officer shall be elected by the Councilmembers present to serve until the arrival of the Mayor or Mayor Pro Tem, or until adjournment, whichever comes first. G. New Councilmember Orientation. The Mayor will lead, with the assistance of the City Manager, new Councilmember orientations. IV. ROLE AND DUTIES OF ALL COUNCILMEMBERS A. Annual Review of Residency Government Code Section 36052(a) requires Councilmembers of this City to maintain a legal residence or domicile within the City of Victorville and rules regarding residency are further discussed in Section 243 and 244 of the Government Code. To properly ensure compliance, Councilmembers shall be required to certify with the City Clerk annually, their residency or domicile within the City of Victorville. B. Advance Preparation for Meetings. 1. Prior Review of Agenda Materials. Prior to attending Council and committee meetings, study sessions and/or workshops, Councilmembers shall read or otherwise familiarize themselves with each agenda and supporting documentation for the items thereon. Chapter 2 5 2. Seek Prior Clarification of Agenda Materials. In respect for everyone’s time and to help ensure that individual Councilmembers may be equipped to make informed decisions, do his/her best work, and move meetings forward in a meaningful way, it is incumbent upon each Councilmember to promptly seek answers to questions he/she may have about the posted agenda items and agenda-package materials for the immediately pending meeting. Toward fulfilling these objectives, Councilmembers should seek the aforementioned assistance from the City Manager, City Attorney, City Clerk, or such Senior Management as the City Manager may designate (e.g., Assistant City Manager, Deputy City Manager, City Engineer, Public Information Officer, City Department Directors, or the Police Chief) as soon as possible after receipt of the agenda package and prior to the meeting to which the agenda package relates. 3. Avoid Unfair Surprise. Councilmembers should advise the City Manager in advance of issues or questions they intend to bring up at a public meeting. This refers to issues and questions that City staff would not normally anticipate or have researched for that particular meeting. 4. Report Possible Absences. Each Councilmember shall report immediately to the Mayor and City Clerk any likelihood of absence in order to ensure the most effective facilitation of City Council meetings. To the extent any Councilmembers are absent or going to be absent for two or more consecutive regular council meetings, that Councilmember should seek the consent of the City Council to excuse such absence either prior to the absence, or immediately upon return, which consent shall require majority vote of the quorum. C. Councilmember Appointments and Assignments. Following nominations by individual Councilmembers, the City Council confirms by a majority vote of the entire membership its appointments to City commissions, boards, and standing committees, as well as its appointments to the various boards, commissions, and committees of outside agencies on which Councilmembers serve as representatives of the City. The nomination process for such appointments shall follow the same nomination procedures as provided in Chapter 2, Section II of this Manual relating to the nomination of Mayor and Mayor Pro Tem. See Chapter 9 as to the roles and duties of such committee, commission, and board appointees, and additional rules relating to nominations and the filling of vacancies. Chapter 9 also provides rules relating to the creation and purposes of Ad Hoc subcommittees composed of less than a quorum of the City Council. D. Council Vacancies. Whenever a vacancy occurs in the office of City Councilmember, the City Council will fill the vacancy by appointment or special election in accordance with the procedures set forth in Government Code section 36512 or the provisions of any ordinance adopted by the City Council thereunder. If a vacancy is to be filled by appointment, and in order that the Council may select the candidate best suited to the position, the City shall initiate an application and interview process which shall be robust, uniform, and free from the appearance of impropriety. Except for official communication with the City Manager’s office, which includes the City Clerk, all contact between Councilmembers and candidates Chapter 2 6 regarding the appointment process and/or potential appointment is restricted to a formal interview process during a public meeting. Any candidate who violates this protocol may be excluded from appointment. An ad hoc subcommittee of less than a quorum of the Council shall develop the process for appointment, which is subject to Council approval. E. Leadership, Goals, and Policy; Ex-Officio Roles of the City Council. 1. Leadership, Goals, and Policy. City Councilmembers are elected to provide leadership in setting goals and in formulating policies. The City Council is the focal point for identifying and interpreting the wishes of the citizens and translating these into specific programs. Successful goal setting and policy formulation largely depend on a good working relationship amongst the Council and between the Council and the administrative staff. Under the City Manager’s direction, staff can provide assistance in analyzing the City’s needs, suggesting action programs, and calculating the costs of proposals. However, the Council has the final responsibility for establishing local policies and determining services and budget levels appropriate for the City. 2. Ex-Officio Roles. The City Council also serves as the Boards for the Victorville Water District (“VWD”), the Southern California Logistics Airport Joint Powers Authority (“SCLAA”), the Southern California Logistics Rail Authority ("SCLRA”), the Library Board of Trustees, the Successor Agency to the Victorville Redevelopment Agency, the Housing Assets Successor, and the Victorville Joint Powers Financing Authority (“JPFA”), with all meetings being held concurrently. References made in this Manual to the City Council also include the Council when acting in it its roles as the boards of the aforementioned entities. F. Engaging in Legislative and Quasi-Judicial Decisions/Acts. Almost all actions or decisions made by the City Council fall into one of two categories: legislative or quasi-judicial. 1. Legislative. These actions/decisions formulate rules to be applied to all future cases. Examples include, but are not limited to: adoption and amendments to municipal codes, general plans, zoning codes, and personnel regulations. These actions are generally taken by ordinance or resolution. 2. Quasi-Judicial. While legislative actions establish public policy and rules applicable to groups of property or people, quasi-judicial proceedings affect individual properties or parties. Quasi-judicial proceedings involve the application of established standards to individual facts to determine specific rights or to take specific actions under existing law. 3. Due Process. The distinction between these two types of acts/decisions comes into play in the due process afforded to parties (particularly in the public and appeal hearing context), as explained in more detail in Chapter 3, Section VI of this Manual. Chapter 2 7 G. Issuing Subpoenas. Pursuant to Government Code section 37104, the City Council may issue subpoenas to require attendance of witnesses or production of books or other documents for evidence or testimony in any action or proceeding pending before the Council. The form of oaths administered by the City Clerk will be substantially in the following form: <Name of affiant> “I hereby declare or affirm under penalty of perjury that the testimony I am about to give before the City Council is the truth.” H. Compliance with Code of Ethics. On July 7, 2009, the City Council adopted Resolution No. 09- 059 establishing a Code of Ethics setting forth principles and standards of conduct to be observed by all Councilmembers. Immediately upon adoption of this Manual by resolution of the City Council, Resolution No. 09-059 shall be superseded in its entirety by the provisions of Section V, below. I. Handling Concerns or Complaints from the Public and Staff. Councilmembers shall function within their established roles when listening to concerns or complaints from the public and staff. While it is important to be available when issues arise, Councilmembers shall abide by uniform procedures to ensure matters are handled expeditiously and everyone is treated respectfully and fairly. Councilmembers shall remain neutral when receiving reports, conveying that they have no individual authority to resolve issues and further recognizing that only one side of the story is being heard. Councilmembers shall adhere to their policy role pursuant to Chapter 2 of this Manual, being certain not to interfere with the administrative functions of the City or the professional duties of City staff. The same level of care must be exercised when responding to emails as is described for personal interactions. Councilmembers shall use the following procedures when handling concerns or complaints: 1. Receive - Listen to what the person has to say without preparing a response. 2. Repeat - Paraphrase or ask a question to clarify for understanding. Ask the person to identify those to whom s/he has spoken about the matter prior to contacting a Council member. 3. Request - Ask what the person would like the Council member to do with the information and/or what is seen as a solution to the problem. 4. Review - Indicate that the information will be shared with the City Manager in order that the City Manager or his or her designee may be able to provide a response or additional information as may be necessary. V. CODE OF ETHICS FOR COUNCILMEMBERS A. Intent and Purpose. To assure public confidence in the integrity of local government and its effective and fair operation, this Code of Ethics provides a framework for day-to-day actions Chapter 2 8 and decision-making by Councilmembers and represents a commitment to uphold a standard of integrity beyond that required by law. The citizens and businesses of Victorville are entitled to a fair, ethical, and accountable local government that has earned the public’s full confidence for integrity. To ensure the effective functioning of democratic government, the City Council requires each of the following: 1. Public officials, both elected and appointed, comply with both the letter and spirit of the laws and policies affecting the operations of government. 2. Public officials be independent, impartial, and fair in their judgment and actions. 3. Public office be used for the public good, not for personal gain. 4. Public deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of respect and civility. B. Principles and Standards. The principles and standards of ethical conduct for Victorville City Councilmembers are hereby established as set forth below. 1. Act in the Public Interest. Recognizing that stewardship of the public interest must be their primary concern, Councilmembers will work for the common good of the people of Victorville and not for any private or personal interest, and they will assure fair and equal treatment of all persons, claims and transactions coming before the Victorville City Council. 2. Comply with the Law. Councilmembers shall comply with the laws of the nation, the State of California, and the City of Victorville in the performance of their public duties. These laws include, but are not limited to: the United States and California Constitutions, the Victorville City Charter, the Victorville Municipal Code, laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities, open government, and City ordinances and policies. 3. Councilmember Conduct. The professional and personal conduct of Councilmembers must be above reproach and avoid the appearance of impropriety. While it is understood that Councilmembers enjoy First Amendment rights, they shall practice civility and decorum in discussions and debate, and refrain from abusive conduct, personal charges, or verbal attacks upon the character or motives of other members of the Council, boards, commissions, staff, or the public that is intended to disrupt and not further the City's business. 4. Respect for Process. Councilmembers shall perform their duties in accordance with the processes and rules of order established by the Council governing the deliberation of public policy issues, meaningful involvement of the public, and implementation of policy decisions of the Council by City staff. Chapter 2 9 5. Decisions Based on Merit. Councilmembers shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations. 6. Conflict of Interest. In order to assure their independence and impartiality in the City’s best interest, Councilmembers shall not use their official positions to influence decisions in which they have a conflict of interest. 7. Gifts and Favors. Councilmembers shall follow the laws that apply to the acceptance of gifts or favors as a public official. 8. Use of Title. Councilmembers may use their title only when conducting official City business, for informational purposes, or as an indication of background and expertise. Individual Councilmembers must be careful not to: 1) exceed or appear to exceed his/her authority, 2) use his/her position to influence others unduly or, 3) use his/her title to improperly gain leverage or preferential treatment. 9. Confidential Information. Councilmembers shall respect the confidentiality of information concerning the property, personnel, or affairs of the City. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial, or other private interests. 10. Use of Public Resources. Councilmembers shall not use public resources, such as City staff time, equipment, supplies, or facilities, for private gain or personal purposes. 11. Advocacy. Councilmembers shall represent the official policies or positions of the Council to the best of their ability when designated as delegates for this purpose. When presenting their individual opinions and positions, Councilmembers shall explicitly state they do not represent the opinion of the entire Council. 12. Positive Workplace Environment. Councilmembers shall support the maintenance of a positive and constructive workplace environment for their employees, City employees, private citizens, and businesses dealing with the City. Councilmembers shall recognize their role in individual dealings with City employees. Councilmembers shall not be immune to potential liability and/or legal proceedings by City employees when the rights of such employees who are acting within the scope of their employment have been infringed upon or violated by Councilmembers. 13. Policy Role of Councilmembers. Councilmembers shall respect and adhere to the Council-Manager structure of Victorville City government. In this structure, the City Council determines the policies of the City with the advice, information, and analysis provided by the public, boards, commissions, and City staff. Councilmembers shall not interfere with the administrative functions of the City or the professional duties of City staff, nor shall they impair the ability of staff to implement Council policy decisions. Chapter 2 10 14. Enforcement. Councilmembers have the primary responsibility to ensure that this Code of Ethics is followed so the public may have full confidence in the integrity of government. Although this Code of Ethics and Conduct is intended to “be self-enforcing” and will be most effective when Councilmembers are thoroughly familiar with and embrace its provisions, City Councilmembers who intentionally and/or repeatedly do not follow proper conduct may be subject to an informal reprimand (a statement of disapproval) or formal censure as set forth in Chapter 10 of this Manual. C. Norms and Protocols. The following norms were agreed to by each individual Councilmember present during the Governance Workshops of February 2020 and February 2021. 1) We conduct ourselves in a professional manner. 2) We respect open government. 3) We value civil, intelligent public discourse. 4) We seek to be efficient in our meetings. 5) We treat all members of the public with respect. 6) We understand our role in contributing to a positive workplace environment. 7) We respect the Council- Manager form of government, and Councilmembers do not interfere with the role of the City Manager or any professional duties of City staff. 8) We keep confidential matters confidential. 9) We know that a good working relationship between Councilmembers and with staff fosters good goal setting, policy making and service delivery. 10) We understand that the Council acts as a body, all members are equal, and policy direction is only given by a majority vote of the Council. 11) We understand that staff is obligated to implement decisions made by the Council, even if one of us doesn’t agree with the Council’s decision. 12) We are prepared for Council meetings and ask our questions of staff in advance so we can avoid surprising staff at the meetings. We know this is good teamwork. 13) We act with high integrity in all matters and follow our code of ethics. Chapter 3 11 C H A P T E R 3 ‐ C O U N C I L M E E TIN G S I. R EGU LAR M EETI N G S A. Time and Place. As set forth in Section 2.20.040 of the Victorville Municipal Code, regular meetings of the City Council are held the first and third Tuesdays of each month at 5:00 p.m. (Closed Session) and 6:00 p.m. (Regular Session) in the City Council Chambers located at 14343 Civic Drive, Victorville, California. City Hall will be open and accessible to Councilmembers during regular City business hours and at such times as regular and special meetings of the City Council are being held. Regular City business hours are: Monday through Thursday 7:30 a.m. to 5:30 p.m. and Friday 7:30 a.m. to 4:30 p.m. B. Compliance with Ralph M. Brown Act. To ensure that the deliberations and actions of the City Council are conducted openly and to ensure meaningful public participation, all meetings of the of the City Council shall be held in compliance with the provisions of the Ralph M. Brown Act, Government Code Section 54950 et seq. (the “Brown Act”). II. S P E CIA L M E E T I N G S AND E M E R GEN C Y M EET I N G S A. How Called and Held. Special meetings and emergency meetings of the City Council may be called by the Mayor or majority of the City Council and held from time to time consistent with and pursuant to the procedures set forth in the Brown Act. Any special meeting called pursuant to this section shall not be scheduled unless a majority of the City Council has confirmed their availability. B. Accommodate the Public. To be respectful of the public, unfinished business in any special meeting held immediately prior to a regularly-scheduled meeting should be suspended until the regular meeting is adjourned. III. CONSIDERATION OF NEW BUSINESS/CANCELLATION OF MEETINGS A. Consideration of New Business. No new item of Council business as posted in the Written Communications portion of the meeting agenda (See Sections V.B and VI.F of this Chapter) shall be considered after 10:00 p.m. unless approved by a majority vote by the Council. New business not taken up by the Council shall be carried over to the next regular City Council meeting, or the meeting may be adjourned to a date specific at Council’s direction. B. Cancellation of Meetings. Any regular or special meeting of the Council may be cancelled in advance by a majority vote of the Council during a prior meeting of the Council. The Mayor may cancel a meeting in the case of an emergency or when a majority of members have advised the City Clerk of their unavailability to attend a meeting. The City Manager may cancel a meeting when he/she determines there is no business to be conducted at the meeting. Appropriate notices will be provided. Solely for the purpose of confirming unavailability of members prior to cancelling a meeting, the City Clerk may poll the members of the City Council provided that the City Clerk does not communicate to any Councilmember the Chapter 3 12 responses of any other Councilmembers polled. Written notice of cancellation shall be given to each Councilmember and further shall be posted and distributed to the same parties and in the same manner as the agenda for regular meetings. IV. MEETING MINUTES A. Action Minutes. The City Council will use action minutes, which, at the discretion of the City Clerk, will contain either very little, if any, narrative content or a light summary to record their proceedings both during Open Session and Closed Session discussions. Action minutes will include final motions and will note for the record how each Councilmember voted. The minutes will also reflect the names of public speakers, if stated, and may contain brief summaries of the nature of comments, and in public hearings whether they spoke in support or opposition of the agenda item at issue. The City Clerk will have exclusive responsibility for preparation of the minutes, and any corrections to the minutes will be made by majority vote of the City Council. B. Reading Not Required. Unless the reading of the minutes of a Council meeting is ordered by a majority vote of the Council, the minutes may be approved without a reading if the City Clerk has previously furnished the draft minutes in the City Council agenda packet. C. Draft Minutes. Draft minutes of meetings are generally submitted to the Council for approval with the agenda packet. Any Councilmember who was absent from the prior meeting may participate and vote on the approval of the minutes and need not abstain on the approval of the minutes for that meeting. D. Recordings. Recordings of all regular and special meeting proceedings are maintained by the City Clerk for a period of 2 years or as provided for in the City’s currently-adopted records- retention schedule. Closed Session discussions shall not be recorded unless mandated by a court of competent jurisdiction. The City Clerk shall take action minutes of all Closed Session items. V. CONDUCT OF BUSINESS A. Generally. The order of business for a Council Meeting is generally shown on the agenda in the order set forth in Section B, below, but may be modified when necessary on a case-by- case basis by the Mayor on his/her own prerogative or by the City Manager, as the Mayor may deem appropriate. B. General Order of Agenda Items of Business for Council Meetings. 1. Closed Session • Call to Order/Roll Call • Public Comment on Closed Session Items • Declaration of Closed Session Items by City Attorney • Recess to Closed Session Chapter 3 13 • Adjourn Closed Session • Return to Open Session • Closed Session Announcements by City Attorney 2. Regular Session • Call to Order/Roll Call • Closed Session Announcements by City Attorney (to the extent not made immediately following Closed Session as noted above) • Invocation/Pledge of Allegiance • Proclamations/Special Presentations • City Clerk Presents Agenda/Revisions to Agenda to the City Council • Conflict of Interest Declaration(s) • Public Comments on any agenda item, except for public hearing items, as well as on topics of interest to the public that are within the subject matter jurisdiction of the City Council A. Appeal Hearings B. Public Hearings C. Consent Calendar D. Written Communications E. City Manager Reports/Possible Upcoming Agenda Items/Reports from Council Members 3. Adjourn C. Public Interest. The public interest shall be taken into consideration when the order of business on the agenda is modified. When feasible, topics anticipated to be of greatest interest to the public will be placed at the beginning of the agenda. VI. DESCRIPTION/EXPLANATION OF PURPOSE OF CERTAIN AGENDA ITEMS A. Closed Session. The City Council may hold closed sessions during any regular or special meeting, or any time otherwise authorized by law, to consider or hear any matter that is authorized by State law. The City Council shall exclude from any such closed session any person or persons who it is authorized by State law to exclude from such closed sessions. The general subject matter for consideration shall be shown in the agenda posted for such session pursuant to the procedures set forth in the Brown Act. The City Attorney declares the items on the Closed Session Agenda and makes reports following Closed Sessions in accordance with the Brown Act. B. Public Comment Periods. Depending on the meeting, these periods are provided at the start of the Closed and Regular Sessions and prior to Council’s consideration of agenda items to satisfy the requirements of the Brown Act. These periods provide the ability for members of the public to address the Council on items appearing on the agenda or on other matters of interest within the jurisdiction of the City Council that do not appear on the agenda. Chapter 3 14 1. Restrictions. Public Comment Periods should not be utilized by Councilmembers to the extent said use impinges upon and/or diminishes the time allotted for other members of the public to speak, unless a Councilmember has recused himself/herself from participating in a decision of the Council on a particular agenda item for a financial or other conflict of interest and further is exercising a right to speak as a member of the public regarding an applicable personal interest under the conditions specified in sections 18707(a)(3)(C) and 18704(d)(2) of the regulations of the Fair Political Practices Commission (“FPPC”). 2. Reasonable Time, Place, and Manner Limitations. Time and other reasonable limitations may be placed on these comment periods as more particularly described in Chapter 5, Section III of this Manual. C. Appeal Hearings. Certain decisions made by the City’s Planning Commission, the City Manager, Senior Management, department heads, and/or hearing officers (as specified in the City’s Municipal Code or other applicable law) can be appealed to the City Council. Such decisions usually involve quasi-judicial matters, e.g., granting or denying of permits/licenses or other entitlements. 1. Quasi-Judicial Decisions. If a quasi-judicial appeal is at issue, the City Council must follow stricter procedural requirements similar to those used in a court. (“Quasi-judicial” means court-like.) Fair hearings and impartial decision-makers are required. Quasi-judicial hearings must be conducted in accordance with the principles of due process. When the City Council is acting as the decision-making body in quasi-judicial hearings, Councilmembers must refrain from testifying as members of the public, as such participation absent a recusal from the decision could impair due process and create conflicts of interest. 2. Other Public Hearings. Public hearings held prior to adoption of ordinances or other legislative/policy matters can follow less strict standards. D. Public Hearings. In general, a public hearing is an open consideration within a regular meeting of the City Council, for which special notice has been given and may be required. During a specified portion of the hearing, residents or concerned members of the public are invited to present protests or offer support for the matter under consideration, subject to reasonable time and other limitations. 1. When Required. Public hearings may be required on certain items as prescribed by the Victorville Municipal Code and/or state and federal law. Some examples of when public hearings are generally required include: zoning changes, some annexations, weed abatement items, introduction and first reading of ordinances, and increases of City fees and charges for utilities and other services. Chapter 3 15 2. Cancellation and Continuances for Hearings Set by Council. Public hearings set by the City Council may be cancelled by a majority vote of the City Council or at the request of the City Manager or City Attorney for good cause. If needed, cancelled public hearings shall be re-noticed in accordance with applicable law. The City Council may also open a public hearing at a meeting, take testimony, leave such hearing open, and continue it to a date certain without re-noticing, upon a majority vote of the City Council, or by the Mayor at the request of the City Manager or City Attorney for good cause. 3. Continuances for Proponents of Projects and/or Appellants. Proponents of Projects for which a public hearing is required and Appellants who have an appeal hearing scheduled before the City Council shall be granted one continuance of that hearing under the following conditions: (a) Requests for continuances of public hearings and appeal hearings shall be submitted by the proponent/appellant in writing to the City Clerk by no later than the close of business on the date of the Council meeting at which the matter is scheduled to be heard. (b) The written request shall specify: (1) the reason for the request for continuance, and (2) the Council meeting date on which the proponent/appellant desires the matter to be heard. (c) The City Council reserves the right to continue the public hearing or appeal hearing to a date and time that is least likely to impact the conduct of regularly agendized City business. (d) If the proponent/appellant is unable to attend the meeting at which the matter will be heard, the proponent/appellant should designate a representative to appear on his/her behalf. (e) No further continuances shall be granted unless, in its discretion, the City Council determines by majority vote that it is necessary to do so after considering the testimony and findings presented at the hearing. 4. General Public Hearing Procedure. Public hearings shall generally be conducted as follows: (a) Staff presents its report, either by way of a written staff report or by in-person oral presentation. (b) Councilmembers may ask questions of staff, subject to the time limitations set forth in Chapter 5, Section II.D of this Manual. (c) The Presiding Officer opens the public hearing. Chapter 3 16 (d) Members of the public may present their comments, subject to time limits established by the Presiding Officer and/or this Manual. (e) The Presiding Officer closes the public hearing after everyone wishing to speak has had the opportunity to do so. (f) Council deliberates and takes action. 5. General Quasi-Judicial Public Hearing Procedure (Land Use Matters and Appeal Hearings). If a public hearing involves a quasi-judicial matter, the provisions of Section VI.C.1 of this Chapter and other due process procedural safeguards will apply. Although the City Attorney shall advise the Council in this regard, such public hearings shall generally be conducted as follows: (a) Councilmembers disclose any ex parte communications or information obtained outside the Council Chamber, such as field trips, views of the premises, and discussions with individuals. (b) Staff presents its report, either by way of a written staff report or by in-person oral presentation. (c) Councilmembers may ask questions of staff, subject to the time limitations set forth in Chapter 5, Section II.D of this Manual. (d) The Presiding Officer opens the hearing. (e) The applicant and/or appellant have the opportunity to present his/her comments, testimony, or arguments. Each applicant or appellant will be allotted five (5) minutes to present his/her case unless additional time is granted by a majority vote of the Council. In the case of an appeal when the appellant is different from the applicant, the appellant should be called up first to provide comments or testimony. If the applicant and appellant are different persons, the applicant and appellant should each be given equal time to present his/her views. (f) Members of the public may present their comments, subject to time limits established by the Presiding Officer and/or this Manual. (g) The applicant and/or appellant have the opportunity to present his/her rebuttal comments, testimony, or arguments. Each applicant or appellant will be allotted five (5) minutes to present his/her rebuttal case unless additional time is granted by a majority vote of the Council. If the applicant and appellant are different persons, the applicant and appellant should each be given equal time to present his/her views. (h) The Presiding Officer closes the hearing after everyone wishing to speak has had the opportunity to do so. Chapter 3 17 (i) Council deliberates and takes action. E. Consent Calendar. Items on this portion of the agenda include matters considered to be of a routine, administrative, or non-controversial nature, such as approval of the minutes for a prior meeting(s), approval of the register of demands, and second readings of ordinances. Any discussion shall be limited in nature, and those items so listed shall be approved and adopted by one motion of the Council and a roll call vote. 1. Clarification or Comment. Councilmembers may comment on Consent Calendar items or ask for minor clarifications without the need for pulling the item for separate consideration. To do so, Councilmembers must gain the Presiding Officer’s recognition immediately after the Consent Calendar is announced and before a vote is invited. 2. Pulling Consent Calendar Items. Only those items that require detailed deliberation should be pulled for separate consideration by Councilmembers. This must be done by making a request immediately after the Consent Calendar is announced by the Presiding Officer. If a request is made, it shall serve as a motion to remove an item or items and must be seconded before a vote of the Council may be taken. If the motion to remove receives a majority vote, said item(s) shall be removed from the Consent Calendar and added as the final item(s) for Council’s consideration in the Written Communications portion of agenda. If a motion to remove an item or items is not seconded, the motion to remove shall fail and the Council may proceed with voting on the Consent Calendar in the manner set forth in Section VI.E, above. 3. “No” Vote without Pulling Item. It is acceptable to register a “no” vote on an item on the Consent Calendar without pulling the item for separate consideration. The Councilmember would state that he/she wishes to vote “no” on the item before the Presiding Officer or City Clerk calls for the vote. After the vote, the City Clerk will announce the outcome as: “Motion carries unanimously with the exception of Councilmember A voting ‘no’ on item x.” F. Written Communications. Items on this portion of the agenda are each discussed/debated and voted on separately. G. Reports from City Manager. The City Manager provides brief general announcements of current events and matters of interest to Council and the public. In accordance with the Brown Act, no substantive discussion of specific matters is permitted. H. Discussion and Possible Action Regarding Items for the Upcoming Agenda. At this time, Councilmembers may make motions to place items on an upcoming agenda. The procedural requirements applicable to this item are in Chapter 4, Section III. I. Reports from Councilmembers. This portion of the agenda provides Councilmembers the opportunity to briefly comment on City events or projects germane to the business of the Chapter 3 18 City. Councilmembers may also make oral reports on meetings and events attended at the City’s expense. In accordance with the Brown Act, no substantive discussion of specific matters is permitted. Reports from Councilmembers are limited to three (3) minutes per Councilmember, and that time cannot be used to reargue failed motions. The City Clerk has the responsibility to assist Councilmembers with time limits by signaling when the Councilmember is nearing his/her three-minute speaking limit. Chapter 4 19 C H A P T E R 4 ‐ A G END A I. GENERAL PURPOSE OF THE AGENDA RULES A. General. The following rules relating to the agenda for City Council meetings are based on the premise that it is in the interest of good government that the City Council be fully informed on all matters upon which it is called to act. The City Council relies upon City staff to perform research, review potential courses of action, furnish technical information, and recommend solutions to various problems of City Government and recognizes that proper, thorough research and investigation requires time to ensure that the City Council has sound background information before it takes action. B. Council Preparation. To foster the orderly, effective, and efficient conduct of meetings and ensure the necessary business of the City is transacted, each Councilmember has a duty to review and be familiar with the agenda materials in advance of each meeting. (See Chapter 2, Section IV.A of this Manual.) II. AGENDA PREPARATION A. In General. Agendas for regular and special meetings are prepared and posted by the City Clerk in accordance with provisions of the Brown Act, this Chapter, and all other applicable rules and laws. The content of each agenda is overseen by the City Manager in consultation with the City Clerk (and the City Attorney as necessary) concerning the sequence of agenda items and other procedural matters. B. Agenda Item Submission Schedule. Pursuant to a schedule established from time to time by the City Clerk in consultation with the City Manager, draft agenda items are submitted to the City Clerk’s office prior to each meeting. A draft agenda document is prepared by the City Clerk and is provided to the City Manager and staff each Tuesday of the week prior to the regularly-scheduled City Council meeting. A copy of the draft agenda is then reviewed by the City Manager, City Attorney, City Clerk, and Senior Management the following Wednesday morning during its standing meeting. C. City Manager Review. The City Manager reviews and approves all items for each Council agenda. The final agenda items, including staff reports and attachments, are then submitted to the City Clerk, compiled into the final Agenda packet, and distributed to the Council on the Thursday preceding each regularly-scheduled meeting. The agenda packet is simultaneously made available to the public and posted on the City’s website by the City Clerk in accordance with the Brown Act. Once the agenda packet has been delivered to the City Council, items may be added to that agenda by the City Manager or the City Attorney when necessary, provided a supplemental or revised agenda is prepared and posted by the City Clerk in compliance with the Brown Act. In addition, the City Council may take action on items not appearing on the agenda, which are commonly referred to as emergency or urgency items, provided doing so complies with the provisions of Government Code section 54954.2(b). Chapter 4 20 D. Minimum Requirements. The agenda specifies the time and location of the meeting and a brief general description of each item of business to be transacted or discussed, including items to be discussed in Closed Session, if any. Each agenda item description includes a recommendation to the City Council of the action to be taken. III. AGENDA ITEM SUBMISSION A. Placing Items on the Agenda. As provided in sections B, C, and D, below, persons who may place matters on the agenda are City Councilmembers; the City Manager or his/her designated Senior Management staff; and the City Attorney. The City Council may also consider a request from a member of the public to place an item on a future agenda. B. Councilmember Agenda Requests. To place an item on a future agenda, any Councilmember, including the Mayor, may make a motion or a request to do so during the “Discussion and Possible Action Regarding Items for the Upcoming City Council Agenda” portion of the agenda. In addition, a Councilmember, including the Mayor, may at any time during a meeting make a request or motion to place an item on a future agenda, if the item proposed for future consideration arises in direct relation to an item being discussed. Any request(s) made by a Councilmember shall be done with a simple contextualization and shall not exceed three (3) minutes unless there is an agreement by a majority vote of the Council to extend the time. No substantive discussion on the subject of the motion or request may occur except to explain the general nature of the item and the issue of timing for its placement on a future agenda. Limited questions may be asked for clarification or to help Councilmembers ascertain whether the motion or request is timely. 1. Second and Majority Vote Required. If the motion or request to place an item on a future agenda is seconded and approved by a majority vote of those Councilmembers present, the proposed item will be placed on a future agenda. If there is no second, the motion dies and may not be proposed again at future meetings without the requisite suspension of rules for reconsideration. 2. Timing Direction. If the motion provides specific direction regarding timing, the approved item together with a staff report will be placed on a future agenda consistent with that direction. If the motion is silent regarding timing, appropriate City staff will be directed to prepare a staff report, and the approved item will be placed on a future agenda at the earliest suitable time, as determined by the City Manager and the Mayor. 3. Alterations of General Order of Agenda Items of Business. Certain categories of items of business are required by statute to be on every agenda or are necessary to appropriately conduct the business of the City Council in accordance with its adopted Rules of Discussion and Debate and parliamentary procedure (See Chapter 5). Therefore, recurring categories of items of business such as: Roll Call/Call to Order, Chapter 4 21 Public Comment Periods, Closed Session Declarations and Announcements, Consent Calendar, Public Hearings, Appeal Hearings, Written Communications, and Council Reports may not be altered without advance review or advice of the City Attorney. 4. Requests for Recurring Agenda Items. Requests by Councilmembers to add the same agenda item to every subsequent agenda are not permitted unless approved by a majority vote of the Council. C. City Manager and City Attorney. When so directed by a majority vote of the City Council or upon his/her own initiative when circumstances warrant, the City Manager and the City Attorney may place items on the agenda. D. Agenda Requests by Members of the Public. Upon agreement of a majority of the City Council, the City Council will determine whether to place on a future agenda an item requested by the public. A member of the public may request placement of an item on the agenda for Council consideration in the following ways: 1. A member of the public may write a letter to the City Council. 2. A member of the public may speak during the Public Comment period at a City Council meeting. Chapter 5 22 C H A P T E R 5 ‐ MEETING RULES OF CONDUCT AND DECORUM I. PARLIAMENTARY RULES AND GENERAL AGENDA ITEM PROCESS A. Rosenberg’s Rules. Except as otherwise provided in this Manual, the proceedings of the Council at meetings shall be generally guided by the latest revised edition of Rosenberg’s Rules of Order (“Rosenberg’s Rules”). However, no ordinance, resolution, proceeding, or other action of the City Council shall be invalidated, or the legality thereof otherwise affected, by the failure or omission to observe or follow said rules. In the event of a conflict or ambiguity between Rosenberg’s Rules and the rules set forth in this Chapter, the rules in this Chapter shall prevail over Rosenberg’s Rules. B. General Process for Handling Agenda Items. The following process is the normal order of business for agenda items, except for public hearings, which are discussed in more detail in Section VI of Chapter 3. 1. The Presiding Officer announces the current agenda item. Note: to the extent members of the public wish to provide comments on an agenda item, such comments should be offered during the general public comment period at the beginning of the meeting. Such comments may be taken into consideration by Councilmembers when discussing the particular agenda item. 2. The City Manager or Submitter of the agenda item briefly introduces the item. 3. Staff presents its report (as needed), either by way of a written staff report or by an in- person oral presentation. 4. Councilmembers may ask questions of the City Manager and/or such City staff as the City Manager may designate, although Councilmembers are encouraged to seek clarification by asking or providing such questions prior to the meeting. Councilmember questions on an item may not exceed two (2) minutes unless an extension of time is granted by the Presiding Officer. Extensions granted may be appealed or overruled by a majority vote of the Council. 5. The Presiding Officer invites a motion. 6. Following a valid motion and second, the Council discusses, deliberates, and takes action as described in this Chapter. 7. An affirmative vote of the Council carries the motion, as described herein. Chapter 5 23 II. RULES OF DISCUSSION AND DEBATE A. Discussion Procedure. While discussing any question under consideration by the Council, it shall be the duty of the members thereof to remain seated and address their remarks to the Presiding Officer and their fellow members. Any remarks or orders to the audience shall be addressed by the Presiding Officer, or with his/her permission, by members of the Council. B. Presiding Officer. The Presiding Officer shall have the authority to prevent the misuse of the legitimate form of motions, the abuse of privilege of renewing certain motions, or the obstruction of the business of the City Council. The Presiding Officer may preserve orderly business by ruling such motions out of order. In so ruling, the Presiding Officer shall be courteous and fair and shall presume that the moving party is making the motion in good faith. The Presiding Officer may move, second, debate, and vote from the chair. The Presiding Officer may also adjourn a meeting by a simple declaration thereof in the absence of a protest by any Councilmember. C. Councilmembers to Address Presiding Officer. Every Councilmember desiring to speak shall first address the chair, gain recognition by the Presiding Officer, and confine himself/herself to the subject matter, item, or motion being currently considered by the Council, avoiding personalities and crude language. D. Questions to Staff. Every Councilmember desiring to ask questions of city staff shall, after recognition by the Presiding Officer, address his/her question to the City Attorney or the City Manager, who shall be entitled either to answer the inquiry himself/herself or designate a member of the staff for that purpose. On the assumption that Councilmembers have already sought clarification of agenda materials in advance of the meeting pursuant to Chapter 2, Section IV. A of this Manual, Councilmember questions to City staff shall be subject to a two- minute time limit per agenda item, not including the time taken for staff response(s). Statements masquerading as questions may be ruled out of order by the Presiding Officer. E. Germane Comments/Time Limit for Council. Councilmembers shall limit their comments to the subject matter, item, or motion being currently considered by the Council. A determination of relevance shall be made by the Presiding Officer but may be appealed to the full Council. Councilmembers shall govern themselves as to the length of their comments but generally shall not exceed a total of five (5) minutes per agenda item (not including the two-minute period for Questions to Staff referenced in Section D, above), unless additional time is approved by a majority vote of the Council. The Presiding Officer or the City Clerk, as may be designated by the Presiding Officer, has the responsibility to assist Councilmembers by signaling when the Councilmember has spoken for five (5) minutes. The five-minute time limit may be extended by a majority vote of City Council. No Councilmember shall be allowed to speak more than once on any particular item until every other Councilmember desiring to do so shall have spoken. Chapter 5 24 F. Interruptions. A Councilmember, once recognized, shall not be interrupted when speaking unless: 1) called to order by the Presiding Officer, 2) a point of order or point of privilege is raised by another Councilmember, 3) the speaker chooses to yield to a question by another Councilmember, or (4) for such other reasons as set forth in Rosenberg’s Rules or this Manual, including, but not limited to, a Councilmember’s right to call the question in order to terminate debate. If a Councilmember while speaking is called to order, he/she shall cease speaking until the question of order is determined; and if interpreted to be in order, may proceed. Members of the City staff, after recognition by the Presiding Officer, shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer. G. Point of Order. When a Councilmember believes a breach of the Council’s parliamentary procedural rules is occurring, he/she may raise a Point of Order to call upon the Presiding Officer to make a determination and enforce the rules of the Council. The Point of Order shall be ruled upon by the Presiding Officer, subject to the right of any Councilmember to appeal the ruling to the City Council through a valid motion. If a motion to appeal the ruling is seconded, the question shall be, "Shall the decision of the Presiding Officer be sustained?" A majority vote shall conclusively determine the question of order. The motion is debatable, and the Presiding Officer may participate in the debate. H. Point of Privilege. Any Councilmember can raise a Point of General or Personal Privilege. 1. Point of General Privilege. Appropriate points of general privilege relate to anything that would interfere with the normal comfort of the meeting, such as the temperature of the room or a malfunctioning microphone. If raised, the Presiding Officer would then ask the interrupter to “state your point.” 2. Point of Personal Privilege. The right of a Councilmember to address the council on a question of personal privilege shall be limited to cases in which his/her integrity, character, or motives are questioned or where the welfare of the council is concerned. A Councilmember raising a point of personal privilege may interrupt another Councilmember who has the floor only if the Presiding Officer recognizes the privilege. I. Move or Call the Question. Any Councilmember may move to immediately bring the motion/question being debated to a vote, suspending any further debate. Such motion shall not be made in a manner that prevents a Councilmember from voicing an opinion or providing brief, concise, and relevant information with respect to the item being considered. To close off debate pursuant to a Motion to Move or Call the Question, said motion must be seconded and passed by a two-thirds (2/3) vote of those present and voting. The motion is not debatable. If the motion to Move or Call the Question passes, a vote on the motion/question on the floor is taken. If the motion to Move or Call the Question fails, discussion on the motion/question on the floor continues. Chapter 5 25 J. Motion to Reconsider. A motion to reconsider may be made only by a member who voted in the majority on the original motion. Such a motion may only be made at the same meeting as the original item, and then only to correct inadvertent errors or to consider new information not available at the time of the vote. If the motion to reconsider passes, then the original matter is back before the Council, and the matter may be discussed and debated as if it were on the floor for the first time. After the reconsideration of the item has been acted upon, no other motion for reconsideration thereof will be made without the unanimous consent of the Councilmembers present. Matters that are quasi- judicial in nature or matters that require a noticed public hearing cannot be reconsidered. K. Failed Motions. Failed motions shall not be brought up at a subsequent meeting unless the Council suspends the rules as provided for in Section II. M, below. However, the effect of such action will not operate to adversely affect individual rights that may have been vested in the interim without notice and an opportunity to be heard having been given to the affected party or parties. L. Remarks of Councilmembers and Synopsis of Debate. A Councilmember may request through the Presiding Officer the privilege of having an abstract of his/her statements on any subject under consideration by the council entered into the minutes. If the council consents thereto, such statements shall be entered into the minutes. M. Suspend the Rules. Any of the rules related to parliamentary procedures in this Manual (to the extent not governed by State law, such as Government Code section 36936, the provisions of the Political Reform Act, or the FPPC conflicts of interest regulations) may be suspended by a two-thirds (2/3) majority vote. Such suspension may be moved at any time by a Councilmember. N. Protest Against Council Action. Any Councilmember dissenting from or stating his/her protest against any action of the council may request to have such dissent or protest entered into the minutes. Such dissent or protest to be entered into the minutes shall be in the following manner: "I would like the minutes to show that I am opposed to this action for the following reasons . . ." O. Seconding of Motions Required. A motion by any Councilmember, including the Presiding Officer, may not be considered by the Council without receiving a second. P. Other Time Limitations. A time limit of three (3) minutes shall be imposed on Councilmembers when speaking during the “Reports from Councilmembers” portion of the agenda. Q. Reading of Ordinances. Except when the title of an ordinance has been read and further reading is waived by a regular motion adopted by a majority vote of the Council, all ordinances shall be read in full either at the time of introduction or passage. Chapter 5 26 R. Voting Rules. 1. Vote Unless Disqualified. All Councilmembers present at a meeting when a question comes up for a vote should vote either for or against the question unless he/she is disqualified from voting by reason of a conflict of interest and abstains because of such disqualification. (a) A Councilmember stating disqualification will not be counted as a part of a quorum and will be considered absent for the purpose of determining the outcome of a vote on the matter. See Section S, below, for other rules relating to conflicts of interest. (b) Any Councilmember who abstains for reasons other than disqualification, in effect consents that a majority of the quorum may decide the question being voted upon. Any councilmember so abstaining will be counted as present for purposes of establishing a quorum. Such an abstention will be counted 1) as neither an affirmative vote nor a dissenting vote and 2) as if it did not exist. The “present and voting” rule as described in Rosenberg’s Rules applies. 2. Silence During the Vote. Unless a Councilmember states that he/she is abstaining, silence shall be recorded as an affirmative vote. 3. Call for the Vote. The Presiding Officer or the City Clerk shall call for the vote, which, at the Presiding Officer’s discretion, shall be taken by voice affirmation or roll call unless a recorded (roll call) vote is required by law. According to Government Code section 36936, a recorded majority vote of the total membership of the City Council is required for resolutions, orders for the payment of money, and all ordinances. In addition, some types of resolutions and ordinances may require a supermajority vote. Absent other specific State law requirements, a motion carries with a majority vote of a quorum of the City Council. 4. Tie Votes. Tie votes are failed motions but may be reconsidered at a subsequent meeting upon a motion passed by the Council to reconsider the item at a future meeting. If the matter involves an appeal and an affirmative vote does not occur, the result is that the decision appealed stands as decided by the decision-making person or body from which the appeal was taken. 5. Changing a Vote. A Councilmember may change his/her vote only if he/she makes a timely request to do so immediately following the announcement of the vote by the City Clerk and prior to the time that the next item in the order of business is taken up. Prior to the time that the next item in the order of business is taken up, a Councilmember who publicly announced that he/she will abstain from voting on a particular matter shall not subsequently be allowed to withdraw his/her abstention. Chapter 5 27 S. Conflict of Interest. Any Councilmember who has a conflict of interest regarding any matter being considered by the Council shall, in compliance with the provisions of the Political Reform Act and other applicable laws, declare the conflict, state the reason for the conflict, and leave the room during the discussion of and vote upon that particular agenda item, unless it is a Consent Calendar item (or the Councilmember is exercising a right to speak as a member of the public regarding an applicable personal interest under the conditions specified in Sections 18707(a)(3)(C) and 18704(d)(2) of the FPPC regulations). If the conflict involves a matter on the Consent Calendar, the Councilmember must announce the nature of the conflict and refrain from participating in the item, but he/she may remain present at the dais. T. Leaving the Dais. To the extent a Councilmember decides to speak on an item by leaving the dais and speaking from the public podium, such Councilmember will relinquish his/her ability to speak on the same item upon his/her return to the dais. U. Rules Not Exclusive. The rules set forth in this Chapter are not exclusive and do not limit the inherent power and general legal authority of the Council, or of its Presiding Officer, to govern the conduct of City Council meetings as may be considered appropriate from time to time or in particular circumstances for purposes of orderly and effective conduct of the affairs of the City. III. PUBLIC PARTICIPATION AND RULES OF DECORUM FOR COUNCIL, PUBLIC, AND STAFF. A. Public Participation. 1. Manner of Addressing the Council. To facilitate the orderly conduct of meetings, persons wishing to speak during the Public Comment period and at public hearings are requested, but not required, to fill out speaker cards and provide them to any Sheriff’s deputy attending the meeting, or in his/her absence, the City Clerk prior to the start of the meeting or before a public hearing item is announced. (a) During Public Comment periods, each person desiring to address the Council shall step up to the microphone at the podium and state his/her name (and address if desired) for the record. The speaker shall then specify the agenda item(s) on which he/she wishes to comment; state whether his/her comments pertain to a non-agenda item within the City Council’s subject matter jurisdiction; state whom he/she is representing; and whether he/she is representing an organization or other persons. Each speaker shall be allotted three (3) minutes in which to comment, unless the Presiding Officer determines that based on the significant nature of an agenda item or items, that additional public comment time should be allowed. In such event, the Presiding Officer may grant an extension of public comment time, not to exceed two (2) minutes per speaker. Extensions granted may be appealed through a valid motion and overruled by a majority vote of the Council. Chapter 5 28 (b) During Public Hearing items, each person desiring to address the Council shall step up to the microphone at the podium, state his/her name (and address if desired) for the record, state whom he/she is representing, and whether he/she is representing an organization or other persons. Each speaker shall be allotted three (3) minutes in which to comment, unless the Presiding Officer determines that based on the significant nature of a public hearing item, that additional public comment time should be allowed. In such event, the Presiding Officer may grant an extension of public comment time, not to exceed two (2) minutes per speaker. Extensions granted may be appealed through a valid motion and overruled by a majority vote of the Council. (c) During both Public Comment periods and during Public Hearing items, speakers should not approach the dais unless authorized to do so by the Presiding Officer. All remarks shall be addressed to the Council as a whole and not to any member thereof. No questions shall be asked of a Councilmember, a member of the City staff, or member of the audience without permission of the Presiding Officer. No person shall address the Council without first being recognized by the Presiding Officer. (d) During Public Comment periods members of the public may ask questions related to agenda items. However, in order to ensure compliance with the Brown Act the City Council is not required to answer such questions since depending on the nature of the questions, the issues raised may be beyond the scope of the subject matter of the agenda items. Nevertheless, in accordance with Government Code Section 54954.2 (a)3, the Presiding Officer may briefly respond or have staff respond to statements made or questions asked or may request that staff report back to the Council at a subsequent meeting concerning any matter raised by the public. (e) During public comment periods and irrespective of the subject or viewpoint to be expressed, no speaker shall be permitted to show a video, make a PowerPoint presentation, or otherwise utilize any other form of electronic visual display technology requiring advanced set up and/or the use of projectors or other specialized equipment. Such controls are intended to help all speakers maximize their time when addressing the City Council, instead of dealing with potentially time- consuming setup or technical difficulties. 2. Spokesperson for Group of Persons. To expedite matters and avoid repetitious presentations, whenever any group of persons wishes to address the Council on the same subject matter or item, it shall be proper for the Presiding Officer to request that a spokesperson be chosen by the group to address the Council; and in case additional matters are to be presented by any other member of said group, to limit the number of such persons addressing the Council. In situations where more than ten (10) people wish to speak on an item, the Presiding Officer may place reasonable limits on the Public Comment period, including reducing the time allotted to each speaker to one (1) or two (2) minutes and/or a specific time limit for the total presentation (typically not to exceed Chapter 5 29 twenty (20) minutes). Such time limits shall allow for full discussion of the item by interested parties or their representative(s). The purpose for any limitation described in this section is to ensure the Council can address its agenda, avoid repetitive comments and presentations, and conduct business in an orderly and efficient fashion. 3. After a Motion. After a motion has been made or a public hearing has been closed, no member of the public shall address the Council from the audience on the matter under consideration without first getting permission to do so by a majority vote of the City Council. B. Rules of Decorum for Council, Public, and Staff. Meetings of the City Council shall be conducted in an orderly manner to ensure that the public has a full opportunity to be heard and that the deliberative process of the Council is preserved at all times. The Presiding Officer of the Council shall be responsible for maintaining the order and decorum of meetings. While any meeting of the City Council is in session, the following rules of order and decorum shall be observed: 1. Councilmembers. While the Council is in session, Councilmembers must lend themselves to order and decorum. They shall neither by conversation or otherwise 1) delay or interrupt the proceedings or the peace of the Council, 2) disturb any Councilmember while he/she is speaking or, 3) refuse to obey the orders of the Presiding Officer. The Presiding Officer and Council as a whole shall address disruptions in a consistent, transparent, and viewpoint-neutral manner. (a) English Language. The business of the City Council shall be conducted in English except to the extent such that a Councilmember wishes to speak as a member of the public, either in the Public Comment period or on an item listed in the Appeal and/or Public Hearings sections of the agenda. (b) E-Communication Prohibited. Except as specified in subdivision (b), below, Councilmembers shall not use E-Communication at any time during any meeting, including, but not limited to, Open and Closed Sessions of the City Council. The use of E-communication is prohibited during Council meetings so that Councilmembers may remain attentive to members of the public, staff, or others as they are speaking to the City Council. E-Communication, which includes blogging, is defined as “electronic text, audio or visual communication, and attachments distributed via e- mail, telephonic service, websites, instant messaging, text messaging, Twitter, Facebook, Snapchat, Instagram, or comparable services.” City Councilmembers will not utilize the internet during Council meetings. Outside of City Council meetings, Councilmembers should not communicate via E-Communications with more than one other member of the City Council on any issue regarding City business. (c) Exceptions for Emergencies. The limitation specified in subdivision (a), above, shall not apply to the receipt of telephone calls or text messages from family members in Chapter 5 30 the event of an urgent family matter. Councilmembers wishing to respond to such a message during the meeting shall do so in a manner that does not disrupt the meeting. Responses to urgent matters may occur during a recess or after having been excused from the meeting by the Presiding Officer. (d) Recording or Live Streaming. Councilmembers shall not video record or live stream meetings while sitting at or standing behind the dais in such a manner that obstructs the view of or results in a persistent disruption of other Councilmembers’ ability to participate in the meeting. To the extent a Councilmember wishes to record or live stream a meeting while sitting at or standing behind the dais, such Councilmember shall further ensure that he/she is not recording in a manner that intrudes into the personal space of other Councilmembers or the City Attorney (within twenty-four inches of the person); in a manner that records notes made by Councilmembers during meetings (which necessarily invades the Mental Processes and/or Legislative Privileges protecting legislators’ uncommunicated motivations for making a policy or decision); or in a manner that displays the protected work product of the City Attorney. (e) Leaving Seats. Councilmembers shall not leave their seats during a meeting without first obtaining the permission of the Presiding Officer. (f) Packing of Audience. It is inappropriate for a Councilmember to pack the audience for a specific agenda item. 2. City Staff Members. City staff members and employees shall observe the same rules of order and decorum as are applicable to the City Council, with the exception that City staff members and employees may leave their seats during a meeting without first obtaining the permission of the Presiding Officer. 3. Persons Addressing the Council. The primary purpose of Public Comment periods at City Council meetings is to allow citizens the opportunity to formally communicate with the City Council as a whole, but these comment periods should not be utilized as a substitute for handling any matter during the normal working hours of the city government. Each person who addresses the Council shall do so in an orderly manner and shall not make personal, impertinent, slanderous, or profane remarks to any member of the Council, City staff, or the general public. Any person who makes such remarks or who utters loud, threatening, personal, or abusive language, or who engages in any other disorderly conduct that disturbs, disrupts, or otherwise impedes the orderly conduct of any Council meeting shall, at the discretion of the Presiding Officer or a majority of the Council, be barred from further audience before the Council during that meeting. The Presiding Officer and Council as a whole shall address disruptions in a consistent, transparent, and viewpoint-neutral manner. 4. Members of the Audience. No person in the audience at a Council meeting shall engage Chapter 5 31 in disorderly or boisterous conduct, including the utterance of loud, threatening, or abusive language; whistling; stamping of feet; excessive clapping; or other acts that disturb, disrupt, or otherwise impede the orderly conduct of any Council meeting. Any person who conducts himself/herself in the aforementioned manner shall, at the discretion of the Presiding Officer or a majority of the Council, be barred from further audience before the Council during that meeting. The Presiding Officer and Council as a whole shall address disruptions in a consistent, transparent, and viewpoint-neutral manner. C. Enforcement of Decorum. The rules of decorum set forth above shall be enforced in the following manner 1. Warning. The Presiding Officer shall request that a person who is breaching the rules of decorum be orderly and silent. If, after receiving a warning from the Presiding Officer, a person persists in disrupting the meeting, the Presiding Officer shall order such person to leave the Council meeting. If such person does not remove himself or herself, the Presiding Officer may order any law enforcement officer who is on duty at the meeting as sergeant-at-arms of the Council to remove that person from the Council chambers. 2. Removal. Any law enforcement officer who is serving as sergeant-at-arms of the Council shall carry out all orders and instructions given by the Presiding Officer for the purpose of maintaining order and decorum at the Council meeting. Upon instruction of the Presiding Officer, it shall be the duty of the sergeant-at-arms to remove from the Council meeting any person who is disrupting the proceedings of the Council. 3. Motion to Enforce. If the Presiding Officer of the Council fails to enforce the rules set forth above, any member of the Council may move to require him or her to do so, and an affirmative vote of a majority of the Council shall require him or her to do so. If the Presiding Officer of the Council fails to carry out the will of a majority of the Council, the majority may designate another member of the Council to act as Presiding Officer for the limited purpose of enforcing any rule of this section it wishes to enforce. 4. Adjournment or Recess. If a meeting of the Council is disturbed or disrupted in such a manner as to make infeasible or improbable the restoration of order, the meeting may be temporarily recessed, adjourned, or continued by the Presiding Officer or a majority of the Council, and any remaining Council business may be considered after the recess or at the adjourned or next meeting. Chapter 6 32 CHAPTER 6 ‐ ADMINISTRATIVE MATTERS I. ADMINISTRATIVE SUPPORT General staff and administrative support to members of the City Council is provided through the City Manager’s Office. Administrative services, including the scheduling of appointments, receipt of telephone messages, and word processing, are available as needed. Sensitivity to the workload of support staff members in the City Manager’s Office is appreciated. Please note that individuals may have other work assigned with high priority. Councilmembers shall not make demands of the City Manager, City Attorney, or City Employees that communicate a desire for or an expectation of special treatment. In no event shall Councilmembers request administrative support to further personal or campaign/political purposes II. MAIL, DELIVERIES, AND E-MAIL A. Correspondence from the Public. The City encourages the public to send correspondence to the entire City Council, either by traditional post or by e-mail. Correspondence addressed to the City Council that is received by the City Clerk or by any other officer or employee of the City shall be deemed a public record upon receipt, except as set forth in the Public Records Act (California Government Code § 6250 et seq.) or other applicable law. 1. Authority of City Clerk. The City Clerk is authorized to open and examine all mail or other written communications addressed to the City Council and give it immediate attention to the end that all administrative business referred to in said communication not necessarily requiring Council action may be acted upon between Council meetings. (a) Members of the City Council receive a large volume of mail and other materials from the public and staff. The City Clerk maintains an office mailbox for each member into which written correspondence shall be placed. Councilmembers must check their mailbox frequently. (b) The City Clerk may provide for a city courier to deliver materials to the homes of Councilmembers when materials are time sensitive. 2. Councilmember Responsibilities. If correspondence is received directly by a Councilmember without the City Clerk having opened and examined same, the Councilmember shall be responsible for providing to the City Clerk the correspondence that is required to be included with agenda materials, as set forth in the Brown Act. All such communications shall be deemed a public record upon receipt, except as set forth in the Public Records Act or other applicable law. B. City-Issued E-mail Address. Each Councilmember is provided with a City of Victorville domain e-mail address for City-related business purposes and to receive e-mail from constituents, Chapter 6 33 other members of the public, government agencies, etc. 1. Status as Public Record. Pursuant to the Public Records Act, any e-mail sent or received by Councilmembers using the City-issued domain e-mail address may constitute a public record and be disclosable upon the City’s receipt of a Public Records Act request. 2. Privacy Limited. Councilmembers have no reasonable expectation of privacy in any e- mail correspondence received by them at their City of Victorville domain e-mail address C. Communications Using Non-City Accounts/Devices. Messages or communications received by Councilmembers on their personal electronic devices or personal e-mail accounts concerning City business may also be subject to disclosure under the Public Records Act. Additional rules are set forth in Section IV, below D. Other Rules Relating to Correspondence. Any written correspondence or other materials, when distributed to all, or a majority of all of the members of the City Council by any person in connection with a matter subject to discussion or consideration at a public meeting, are disclosable public records under the California Public Records Act and shall be made available upon request without delay. Writings that are public records and that are distributed during a public meeting shall be made available for public inspection at the time of the meeting if prepared by City staff or a member of the City Council, or after the meeting if prepared by some other person. All writings referenced herein shall be provided to and documented with a received/filed date by the City Clerk III. CITY-ISSUED EQUIPMENT. A. Equipment Provided. To enhance Councilmembers’ ability to communicate with staff and the public, city-purchased equipment, such as computers and cell phones, can be provided upon request. Access to the City’s fax machines and e-mail system is also available B. Limitations on Use. 1. Brown Act Considerations. The use of technological devices to communicate with a majority of other Councilmembers on any official action to be taken falls within the provisions of the Brown Act. Technological devices include, but are not limited to, phones, faxes, computer e-mail, public access cable TV, and video. Use of such devices to pass information for the purpose of developing concurrence on action to be taken outside of a public meeting is prohibited 2. Other Prohibitions. Personal use of City-issued equipment is prohibited in accordance with Government Code section 8314, except for such minimal and incidental use as specified therein. Chapter 6 34 IV. USE OF PERSONAL ACCOUNTS AND PERSONAL ELECTRONIC DEVICES FOR CITY BUSINESS A. Status as Public Records. Text messages, emails, and other electronic communications that deal in some substantive manner with the conduct of City business created on, stored on, and/or transmitted by personal accounts or personal electronic devices may be subject to disclosure under the Public Records Act B. Limitations and Rules on Use. To the extent feasible, City-issued email accounts and electronic devices shall be used to conduct City business. Limited use of a private device or account for public business by Councilmembers is permissible but discouraged. The following rules must be observed 1. Urge Use of City Electronic Devices/Accounts. Councilmembers shall request persons sending electronic communications regarding City business to a personal account or device to instead utilize the City of Victorville domain e-mail address, City-issued cell phone number, or other official City electronic messaging account provided to the Councilmember 2. When Communications Received on Personal Accounts/Devices. If Councilmembers receive electronic messages regarding City business on their personal electronic messaging account or device, or circumstances require them to conduct City business on a personal account or device, Councilmembers should either (a) copy (“cc") any communication on his/her personal electronic messaging account or device to his/her City electronic messaging account, or (b) forward the electronic communication to his/her City account as soon as feasible after the original creation or transmission of the electronic communication. C. Compliance and Additional Policies. The City Council shall comply with the above provisions and any additional administrative policies the Council adopts for City-wide application regarding procedures to be followed with respect to communications received on personal accounts and devices when Public Records Act requests are made. Chapter 7 35 CHAPTER 7 ‐ RELATIONSHIP AND CONDUCT. I. RELATIONSHIP AND CONDUCT WITH CITY MANAGER A. Council-Manager Form of Government. The City has adopted a Council-manager form of government. This structure reflects the City Council’s role to establish City policy and priorities. The Council appoints a City Manager to implement this policy and undertake the administration of the organization. The City Council must work through the City Manager in dealing with City staff B. The City Council and City Manager Work as a Team. The City Council establishes policies for the overall operation of the City. The City Manager is appointed by the City Council to enforce its laws, to direct the daily operations of City government, to prepare and monitor the municipal budget, and to implement the policies and programs initiated by the City Council. The City Manager is expected to adhere to the International City/County Management Association (ICMA) Code of Ethics, and the City Council must recognize said Code of Ethics when dealing with the City Manager. The City Manager is responsible to the City Council rather than to individual Councilmembers and directs and coordinates the various departments C. Productive Relationship Requirements. The employment relationship between the City Council and the City Manager honors the fact that the City Manager is the chief executive officer of the City. To facilitate a productive work relationship with the City Manager, the City Council and/or individual members shall do each of the following: 1. Except for the purpose of requesting information or assistance, deal with the administrative service under the City Manager solely through the City Manager as indicated in Section 2.04.210 of the Victorville Municipal Code. Neither the City Council nor any member shall give orders to, command the services of, or assign work to any subordinates of the City Manager, either publicly or privately. Alternately, contact may be made directly with Senior Management, as long as a copy of communication is forwarded to the City Manager. Senior Management shall inform the City Manager of all Councilmember contact. 2. Direct the City Manager to implement the Council’s policy decisions through the administrative functions of the City. 3. Treat City staff professionally, and refrain from publicly criticizing or belittling individual employees. Personnel issues are managed through established channels and procedures. 4. Avoid involvement in personnel issues related to City-Council-appointed staff, i.e., the City Manager and City Attorney, except during City Council Closed Sessions, when issues of hiring, firing, promoting, disciplining, etc., may be addressed appropriately. Chapter 7 36 5. Discuss directly with the City Manager any displeasure with a department or staff member 6. Refer complaints to the City Manager for further processing. Staff shall be given adequate time to investigate and respond to such complaints 7. Receive from the City Manager timely information regarding unusual events that the public would be concerned about; e.g., anyone wounded by gunfire, an area cordoned off by police or fire, a significant event, etc 8. Avoid communicating with persons or parties in litigation with the City (or any of the entities for which the City Council sits ex-officio as the governing board as noted in Chapter 2, Section IV.D.2 of this Manual) in a manner that compromises the City’s or other entity’s position in such litigation. 9. Include the City Manager in follow-up meetings where a Councilmember has first met with an individual or company representative regarding official business of the City II. RELATIONSHIP AND CONDUCT WITH CITY ATTORNEY A. Legal Advisor to the City. In all matters, the City Attorney represents the City and is the legal advisor to the City Council, the City Manager, the City Clerk, Senior Management, and department heads. The general legal responsibilities of the City Attorney are to provide legal assistance necessary for formulation and implementation of legislative policies and projects; to represent the City’s interest, as determined by the City Council, in litigation, Administrative hearings, negotiations, and similar proceeding to prepare and/or review and approve ordinances, resolutions, contracts, and other legal documents to best reflect and implement the purposes for which they are prepared; and to keep the City Council and staff apprised of court rulings and legislation affecting the legal interest of the City. B. Does Not Represent Individual Councilmembers or Staff. It is of the utmost importance to understand that the City Attorney does not represent individual members of Council, but the City and the City Council as a whole. III. RELATIONSHIP AND CONDUCT WITH CITY CLERK A. The City Clerk performs statutorily mandated duties and such tasks as may be assigned by the City Council and/or the City Manager. The general responsibilities of the City Clerk are: 1. to serve as the Elections Official of the City; 2. to protect and preserve the legislative record of the City Council and other various records; 3. to facilitate delivery of records consistent with the provisions of the Public Records Act; 4. to receive filings on behalf of the City; Chapter 7 37 5. to facilitate the preparation, duplication, preservation, and delivery of Council agenda materials; and 6. to advise City departments about best practices for records management. IV. RELATIONSHIP AND CONDUCT WITH STAFF A. General considerations. Governance of a city relies on the cooperative efforts of elected officials, who set policy and priorities, and City staff, who analyze problems and issues; make recommendations; and implement and administer the City Council’s policies. To ensure the proper functioning of these cooperative efforts, Councilmembers must avoid intrusion into those areas that are the responsibility of staff. This is necessary to protect staff from undue influence and pressure from individual Councilmembers and to allow staff to execute priorities given by management and the Council as a whole B. Cooperation. Individual Councilmembers, as well as the Council as whole, shall receive the full cooperation and candor of staff in being provided with any requested information. Requests of the City Attorney‘s office are to be submitted directly to the City Attorney. All other requests of staff are to be submitted through the City Manager’s office C. Issues of Pressure or Influence. Individual City Councilmembers shall not make attempts to pressure or influence staff decisions, recommendations, workloads, schedules, and department priorities without the prior knowledge and approval of the Council as a whole. 1. If a Councilmember wishes to influence the actions, decisions, recommendations, workloads, work schedule, and priorities of staff, that member must prevail upon a majority of the Council at an open meeting to do so as a matter of Council policy. 2. The City Council recognizes the primary functions of staff are in executing Council policy and actions taken by the Council as a body and in keeping the Council informed. 3. Staff is directed to reject any attempt by individual members of the Council to unduly direct or otherwise pressure them into making, changing, or influencing recommendations or business decisions in any manner. V. REQUESTS FOR RESEARCH OR INFORMATION A. General Considerations. Councilmembers should generally inform the City Manager prior to communicating directly with any employee below the Senior Management level. A Councilmember may request directly from department heads answers to routine questions or information on a given topic when it will require little or no research and have little or no impact to City operations. The Councilmember should also advise the City Manager of this request. City staff shall inform the City Manager of all Council contact. Chapter 7 38 B. Responses to Requests. Requests made by individual Councilmembers for information or assistance shall be for the sole purpose of fulfilling his/her responsibilities as delineated throughout this Manual and not for any private or personal interest. Requests will be addressed as quickly as possible under the circumstances at the time, providing that in the judgment of the City Manager (or the City Attorney depending on the nature of the request) the request is not of a magnitude, either in terms of workload or policy, that would require more than thirty (30) minutes of time in which to respond or is of such a nature that it would be more appropriately assigned to staff through the collective direction of the City Council. If the individual Councilmember request goes beyond these parameters, or in the judgment of the City Manager, is not within the scope of City policies or business, the City Manager will bring the request to the full Council for consideration. The method by which responses are delivered to Councilmembers shall comport with the City’s routine business practice. C. Policy-Related Requests. All Council requests dealing with policy and such other requests that may be construed as direction shall be directed to the City Manager, except for routine general inquiries or questions that will not disrupt city operations, in which case, Councilmembers may approach Senior Management with their requests. Councilmembers may also contact the City Attorney or City Clerk. D. Funding Requests. Any request from City Council requiring funding must be addressed with the City Manager. The City Manager shall respond in a timely manner. E. Written Requests Preferable. To assist the City Manager, requests for information are best tracked if submitted in writing, either in memorandum form or through e-mail. And to ensure proper responsiveness, Councilmembers are asked to copy both the department head and the City Manager on all correspondence with staff. F. Access to Certain Information Restricted. There are certain restrictions when information cannot be provided. Draft documents (e.g., staff reports in progress, administrative draft EIRs) under review are not available for release until complete and after review by City management. In addition, there are legal restrictions on the City’s ability to release certain personnel information even to members of the City Council. Certain aspects of Police Department affairs, such as access to restricted or confidential information related to crimes, may not be available to members of the City Council. G. Dissemination of Information. In cases when a staff response to an individual Councilmember request involves written materials that may be of interest to other Councilmembers, the City Manager will provide copies of the material to all other Councilmembers. In making this judgment, the City Manager will consider whether the information is significant, new, otherwise not available to the Council, or of interest to the Council. H. Disclosure of Information. No Councilmember may, without prior formal authorization of the City Council, disclose any confidential information concerning any other official or employee, or any other person, or any property, or governmental affairs of the City. Whether or not Chapter 7 39 such information is allowed to be disclosed, no Councilmember may use or permit the use of any such confidential information to advance the financial or personal interest of himself/herself or any other person. For the purposes hereof, “confidential information” shall mean information that is not generally known in the public and/or is not subject to disclosure under the California Public Records Act or other applicable law. Some examples of confidential information include attorney-client privileged communication, attorney-client work product, personnel, medical, or similar information—the disclosure of which would constitute an unwarranted invasion of privacy. (Govt. Code § 6250 et seq.) Chapter 8 40 C H A P T E R 8 ‐ COM M U N I C A TIO N AND R E P R E S E N T A T I O N I. R E P R E SEN T I N G M AJO RIT Y V S . IND I V I D U A L OPI NIO N A. Dual Roles of Councilmembers. A person elected to the City Council plays two roles: a member of a body elected to represent the City in its entirety and a private resident of the City. The second role is not relinquished when the first role is assumed. It is important to distinguish between the two roles at all times and to conduct business in one role separately from the other. The elected Councilmember retains the right to speak as an individual, not as a member of the City Council, but must make this distinction very clear when he/she does speak on his/her own behalf and not as a member of the City Council. This is because when the Council acts, it acts as a whole, not as a group of individuals. B. General Policy Considerations. An important role of a Councilmember is communication— communication with the public to assess community opinions and needs, communication with staff to provide policy direction, and communication to gain an understanding of the implications of various policy alternatives. Because the City Council acts as a body (that is, acting based on the will of the majority as opposed to individuals), it is important that general guidelines be understood when speaking for the Council. Equally important, when members express personal views and not those of the Council, the public must be so advised. II. C O RRESP O NDE N C E F R O M COUNCILMEMBERS A. Stationery Use and Related Guidelines. 1. Use of City Letterhead. City letterhead shall be used by the Mayor, Mayor Pro Tem, and City Council only for official City business, communication of adopted City policies and positions, and any related communications. All Councilmembers should be copied on correspondence signed by the Mayor or other Councilmember. Use of City letterhead and/or title on personal matters (those not related to official city business) is not permitted. 2. Personal Stationery. Personal stationery without a City Logo shall be used by any member of the City Council to communicate individual positions, conduct personal correspondence, or communicate positions that may be in opposition to established City Council positions or decisions. Personal stationery shall be printed at the expense of the individual Councilmember, and the aforementioned types of communications shall be mailed at the individual Councilmember’s expense. 3. Correspondence Public Record. All Councilmember correspondence created using City resources, including, but not limited to, City letterhead, postage, envelopes, or staff time, are public records and shall be copied to the full Council, the City Manager, the City Attorney, and the City Clerk. Chapter 8 41 4. Permission Required. Whenever a Councilmember other than the Mayor wishes to write a letter on City letterhead, he/she should inform the Council (in writing or verbally at an open meeting) what the letter is about and seek Council approval that the letter may be written on City letterhead. Such letters shall only pertain to official City business. B. Prohibitions on Use of Public Resources for Personal or /Campaign Purposes. 1. Letterhead and Staff. City letterhead and staff support cannot be utilized for personal or political purposes. Any use of the City’s logo, flag, seal, slogan, or name shall further be subject to the provisions of Chapter 1.06 of the Victorville Municipal Code and applicable State laws. The use of the City Seal, logo, or other insignia on personal matters and correspondence is not permitted. 2. Council Chambers and Staff Photos. The City Council Chamber cannot be used as a location for taking campaign photos or engaging in any form of campaign activity. Any violations of this prohibition may be reported to the Fair Political Practice Commission and any other enforcement agencies, and may further result in reprimand or censure, as provided in Chapter 10. The use of photos with current City staff and City Council candidates in election materials is prohibited. III. SPEAKING FOR “THE CITY” A. Issue Position Statements. When members are requested to speak to groups or are asked the Council’s position on an issue, the response should reflect the position of the Council as a whole taken in open session. It is permissible, however, for a Councilmember to clarify his/her vote on a matter by stating: “While I voted against ‘X,’ the City Council voted in support of it.” When representing the City at meetings or other venues, it is essential that those in attendance gain an understanding of the City Council’s position rather than that of an individual member. B. Communication of Council Policy. The Mayor and individual Councilmembers are not authorized to speak on behalf of the City or the City Council with regard to City or City Council policy or positions, except when such policy or position has been clearly established or when the Mayor or Councilmember has been designated by the City Council as a spokesperson on a given subject. C. Supporting State or Federal Legislation. The City Council may be requested to formally support or oppose state or federal legislation. In considering whether or not to take such action, it is Council policy to determine first if the legislation involves matters pertaining directly to the City of Victorville or its residents as a whole. If the subject matter does not relate directly to City business or to local residents, then the City or City Council can decline to take a position. If the legislation could be expected to affect the City or its residents, then the City Council may elect to take a position. All correspondence articulating the City’s position on state and federal legislation shall be handled in a manner consistent with the City Chapter 8 42 Council’s adopted goals and policies. D. Press Releases. All press releases pertaining to the City Council shall be issued on City letterhead on behalf of the entire City Council. No press releases pertaining to the City Council or City shall be released by individual members of the City Council without prior authorization from the City Council acting at a Council meeting. The City Manager and his/her designated staff are authorized to issue press releases pertaining to City activities and events of public importance as he/she determines necessary and appropriate to keep the public informed. All final press releases shall immediately be distributed to the City Council. E. Representation at Ceremonial Functions. 1. City Sponsored Events. The Mayor, or Mayor Pro Tem in his/her absence, shall represent the Council at ceremonial functions organized by the City. The Mayor or Mayor Pro Tem may, at his/her own discretion, ask another Councilmember to represent the Council at that function when neither is available. Staff shall also include any Councilmember who has promoted a project or event in any program or agenda in such a function. 2. Non-City Sponsored Events. As a general rule, the Mayor, or the Mayor Pro Tem in his/her absence, shall represent the Council at ceremonial functions not organized by the City upon receipt of an invitation from the sponsor of such event. If neither the Mayor nor the Mayor Pro Tem is available to attend a non-City sponsored event, he/she may designate a replacement. Nothing in this provision is meant to preclude a Councilmember from representing the Council at a ceremonial function where the event organizer has requested that a specific Councilmember attend the function. F. Appearances before Agencies and Organizations. If a member of the City Council appears before another governmental agency or organization to give a statement on an issue affecting the City, the Councilmember should first indicate the majority position and opinion of the Council. Personal opinions and comments may be expressed only if the Councilmember clarifies that these statements do not represent the position of the City Council. G. Participation in Community Activities. From time to time, Councilmembers may choose to participate in community activities, committees, events, and task forces. When a Councilmember participates in these types of activities, the Councilmember is acting as an interested party rather than acting on behalf of the City Council. Acting or participating on behalf of the City Council is limited to those instances when the Council has formally designated the Councilmember as its representative for the matter. H. Name Badges. The City issues name badges to all City Councilmembers, the City Manager, the City Clerk, Senior Management, department heads, City Planning Commissioners, City advisory committee members, and other City staff as deemed appropriate by the City Council. 1. Official Use Only. It is not permissible for any City Councilmember or any of the personnel Chapter 8 43 listed in Section G, above, to use his/her badge for any purpose except as reasonably necessary for identification when acting in their official capacities. 3. Fraudulent Use Prohibited. It is not permissible for any person to wear, exhibit, or use a badge with the intent of fraudulently impersonating a City official or of fraudulently inducing the belief that the person is a City official at the time the badge is worn, displayed, or used. I. Business Cards. City Councilmembers will be provided with City Manager approved business cards in increments of 500. No more than one order will be processed within a 12-month period unless approved in advance by the City Manager. City business cards may not be used for personal or financial gain, for obtaining privileges not otherwise available to a Councilmember, or for soliciting political contributions. Councilmembers are prohibited from using any other form of non-approved business cards that contain the City logo, the City seal, the City flag, or the City slogan. IV. CITY COUNCIL SPENDING AND REIMBURSEMENT POLICY A. Effect of CP-12-01. Except as specified otherwise in this Section, the provisions of the Expense Reimbursement Policy set forth in Council Policy No. CP-12-01, or any amendment(s) to or successor Council Policy adopted in lieu thereof (“CP-12-01”) shall apply to all City Councilmembers. The provisions of Council Policy Nos. CP-93-5 and CP-73-3, to the extent currently in effect, are completely superseded by this Section. B. Events and Covered Expenses. As long as all other requirements of this Section IV are also met, covered expenses (as that term is used in CP-12-01) incurred by City Councilmembers constitute reimbursable expenses when they engage and/or participate in the following activities and/or events (“Events”): 1. Communicate with representatives of regional, state, and national government and their various agencies and entities on City-adopted or authorized policy positions. 2. Attend educational seminars designed to improve Councilmembers’ skill and information levels. 3. Participate in regional, state, and national organizations, e.g., California League of Cities or National League of Cities, whose activities affect the city’s interests. 4. Attend City-sponsored events. 5. Travel out-of-state or internationally for the above purposes. C. Advance City Council Approval of Expenditures for Events. Prior to making travel, transportation, and/or lodging arrangements for any Event for which a Councilmember Chapter 8 44 wishes to be reimbursed by the City, the Councilmember must have the Event and the expenditure approved. Requests for travel and meeting expense reimbursements or City- paid travel and meetings for any Event(s) will require the advance approval of the City Council at a regularly-scheduled Council Meeting under an agendized item requesting such approval. The foregoing requirement for approval of travel expenses shall not apply when the City Councilmember is traveling in connection with his/her required attendance at meetings of legislative bodies of outside agencies to which the Councilmember has been appointed to serve as a City representative or alternate pursuant to Chapter 9, Section IV of this Manual. D. Meeting Reporting Requirement. Councilmembers shall provide a brief report on any meeting or event attended at the expense of the City at the next regular meeting of the Council. If multiple Councilmembers attended the same event, a joint report may be made. E. Additional Spending and Reimbursement Rules. 1. Spending Tracked. The City Manager’s Office will keep an individual spending and reimbursement record for each Councilmember for the period of July 1 to June 30 of each year. 2. Intrastate/International Travel. No travel outside the state or the country is permitted without advance approval of the City Council, who shall make such decision at a Council Meeting under an agendized item requesting such approval. 3. Travel Arrangements. Hotel and travel accommodations may be made by City staff or the Councilmember. Councilmembers shall use best efforts to seek the most reasonable, cost-effective manner of travel and/or accommodations, keeping in mind that such travel and/or accommodations are being provided at the expense of the taxpayers. F. Expense Reports Required. In order to receive expense reimbursements, Councilmembers shall complete and submit to the City Manager’s Office a Travel and Expense Reimbursement Form and Report (“Expense Report”) within a reasonable time after incurring the expense, but in no event, shall it be later than 30 days thereafter. The following rules shall also apply: 1. Each Expense Report shall be accompanied by all receipts documenting each expense with proof of the advance approval obtained from the City Council (or the City Manager, as applicable). 2. The Councilmember shall verify that the expenses for which reimbursement is sought were incurred on behalf of the City in the performance of official duties and otherwise meet the requirements of this Section IV. 3. All documents related to reimbursable expenditures, including, but not limited to, the Expense Report and actual receipts, are public records subject to disclosure under the Chapter 8 45 Public Records Act. Any personal information, e.g., credit card numbers, contained on any receipts may be redacted before publicly releasing such records. G. City Manager Authority. The City Manager has the authority to determine the reasonableness of an expense and, as such, may disallow it for reimbursement. A request for reimbursement that has been disallowed by the City Manager may be appealed to the City Council who will make its decision at a regularly scheduled City Council Meeting under an agendized item requesting such appeal. The decision of the City Council shall be final. V. GUIDELINES AND PROCEDURES FOR CEREMONIAL RECOGNITION ITEMS A. General. The City of Victorville regularly receives requests from individuals and organizations for various ceremonial recognition items. These items can range from a simple Letter or Certificate of Recognition to a plaque commemorating a special occasion or event. B. Need for Guidelines. Ceremonial recognition items are intended to be gestures of high esteem and if provided too freely, could lose significance to the point of becoming meaningless. Therefore, these Guidelines and Procedures for issuance of Ceremonial Recognition Items will be adhered to when such requests are received. C. Jurisdictional Limitations. Ceremonial recognition items shall only be presented to businesses, organizations, and individuals located, providing services, or residing in the City of Victorville. All other requests will be denied, and the requesting party shall be referred to the appropriate jurisdiction. 1. Certificates of Recognition in Presentation Folders. Certificates of Recognition in Presentation Folders are intended to commend and recognize businesses located in the City of Victorville during small-scale ribbon cuttings, grand openings, and open house events. They are only to be presented at a Council meeting or other event where the Mayor or his/her designee will be in attendance to present the certificate. 2. Letters of Recognition/Congratulations. Letters of Recognition/Congratulations are intended to commend and recognize the following: (a) Major achievements, such as the Eagle Scout Award and Girl Scout Gold Award. (b) Milestone events, such as the anniversary of an organization, wedding anniversaries of 50 or more years, or, at the Mayor’s discretion, other life milestones, such as birthdays. 3. Framed Certificates of Recognition. Framed Certificates of Recognition are intended to commend and recognize the following: (a) Exceptional contributions to the City of Victorville by a community organization, business, or individual; and Chapter 8 46 (b) Large scale ribbon cuttings, grand openings, anniversaries, and open house events for businesses located in the City of Victorville. Framed certificates of recognition are only to be presented at a Council meeting or other event where the Mayor or his/her designee will be in attendance to present the certificate. 4. Plaques. (a) Plaques shall only be prepared for presentation to prominent businesses and/or organizations that have made a significant contribution to the City of Victorville and its residents. (b) Plaques may also be prepared for presentation to certain individuals who have acted with distinction in carrying out their duties or who have taken extraordinary actions that further the best interests of the City of Victorville and its residents. (c) Plaques shall be presented by the Mayor or his/her designee only. (d) The presentation of plaques will only be made in conjunction with an event or in a business meeting held in the City of Victorville where the business/organization/individual can be formally acknowledged by the Mayor or his/her designee. 5. Proclamations. Proclamations are ceremonial documents signed by the Mayor for (a) public awareness, (b) charitable fundraising campaigns, and (c) arts and cultural celebrations. Proclamations will not be issued to or for any of the following: (a) Individuals. Proclamations must affect a broad group of people. (b) Matters of political controversy, ideological or religious beliefs, or individual convictions. (c) Events or organizations with no direct relationship to the City of Victorville. (d) Campaigns or events contrary to policies of the City of Victorville. D. Additional Information Related to Ceremonial Recognition Items. 1. All requests will be submitted to the Mayor at a weekly internal review meeting. 2. The Mayor reserves the right to modify or deny any requests. 3. The Mayor reserves the right to determine the type of recognition to be issued based on the information provided by the requesting party. 4. Only one official, signed copy of any form of recognition will be issued per individual or organization per calendar year. 5. Ceremonial recognition items will not be e-mailed, mailed, or faxed. Chapter 8 47 6. Ceremonial recognition items are not automatically reissued every year. No announcements should be made regarding any recognition items until official confirmation has been received from the Mayor's office. E. Procedure for Requesting Ceremonial Recognition Items. 1. All requests MUST be directly related to an event for a business, organization, or individual located, providing services, or residing in the City of Victorville. 2. All requests must be submitted in writing to the City Clerk's office at least seven business days prior to the date the document is needed. There are no exceptions to this requirement unless specifically waived by the Mayor. 3. Each request must include the following: (a) The contact person's first and last name, address, e-mail address, and telephone number. (b) The name of the individual who will be accepting the presentation if different from the contact person's name. (c) A brief summary and/or background of the event, organization, or individual to be recognized and the reason why such recognition is being requested. (d) The date the item is needed. (e) The date, time, and location of the event if the ceremonial recognition item is to be presented at an event. Chapter 9 48 C H A P T E R 9 ‐ COMMISSIONS, C O MMITTE E S, AND BOARDS I. PURPOSE AND GENERAL CONSIDERATIONS A. Role of City Commissions, Committees, and Boards. Most commissions, committees, and boards established by the City Council are advisory to the City Council. The role of all such commission, committee, or board is to make recommendations to the City Council on matters affecting the City of Victorville. Except as otherwise provided in State or local law, commissions and committees have no independent role separate and apart from their role as advisory to the City Council. Commissions, committees, and boards have no authority to appropriate funds or make policy except as otherwise approved by the City Council. B. Nomination and Confirmation. On or before December 31st of each year, the City Clerk (or such other staff as the Council may designate) shall prepare and provide to the City Council an appointments list of all regular and ongoing boards, commissions, and committees appointed by the Council and the terms of the members of such boards, committees, and commissions that will expire during the next calendar year. At such time, or as soon thereafter as possible, the Presiding Officer shall ask each Councilmember whether he/she wishes to nominate new individuals or re-affirm his/her existing appointment (if applicable) to the various City committees and commissions (e.g., the City Legislative Review Committee and the Planning Commission). Such nominations and/or reaffirmations of existing appointments must be confirmed by a majority vote of the City Council. To the extent a Councilmember’s nominee for a specific committee or commission does not obtain the majority vote of the City Council, such Councilmember will be given the opportunity to nominate up to three (3) other individuals, either at the same meeting or at subsequent meetings. In the event a Councilmember’s subsequent three (3) nominees are not confirmed by a majority vote of the Council, then the City Council by majority may appoint a replacement committee or commission member or provide that the existing committee or commission member shall retain such appointment for the balance of the Councilmember’s term. Unscheduled vacancies shall be filled in accordance with Government Code section 54974. Except as may be terminated by a majority vote of the City Council, such appointments shall be coterminous with the appointing Councilmember’s term of office. C. Instruction and Training. The Council shall ensure that all members of City committees and commissions are properly instructed on their responsibilities, direction, and performance expectations. Such City committees and commissions shall also be required to follow the applicable provisions of Resolution No. 13-049 and any amendments or successor resolutions thereto. D. Planning Commission. Resolution No. 13-049 does not apply to the Planning Commission. The membership, powers, and responsibilities of the Planning Commission are set forth in the Victorville Municipal Code and various provisions of State Law. In accordance therewith, Chapter 9 49 the Planning Commission has adopted rules for transacting Planning Commission business. E. Conflict of Interest. All members of commissions, committees, and boards shall abide by the provisions of the Political Reform Act, FPPC regulations, and provisions of the common law relating to conflicts of interest. II. CITY COUNCIL SUBCOMMITTEES A. Purpose. The City Council from time to time forms committees composed solely of a portion of its own membership. These committees, often referred to as subcommittees, are formed to study, investigate, and make recommendations to the full Council regarding specific topics and may be designated as either Standing or Ad Hoc. 1. Standing Subcommittees. These subcommittees have a continuing subject matter jurisdiction or meeting schedules that are fixed by the Council. Regardless of the number of members, Standing subcommittees are required to comply with the Brown Act. 2. Ad Hoc Subcommittees. These subcommittees have a specific purpose and limited duration, no continuing subject matter jurisdiction, and no meeting schedule fixed by the Council. Ad Hoc Subcommittees composed solely of less than a quorum of the City Council membership (2 members maximum) are generally exempt from the Brown Act and thus are not required to schedule regular meetings or post meeting dates and agendas. B. Subcommittee Formation and Appointment. 1. Standing Subcommittees. The Council may create or dissolve Standing subcommittees at any time by the affirmative vote of a majority of the Council. The Mayor appoints and the City Council confirms by majority vote the members of Standing subcommittees. 2. Ad Hoc Subcommittees. The Council or the Mayor may create Ad Hoc subcommittees. The Mayor has the discretion to make appointments to such Ad Hoc subcommittees himself/herself or to allow a majority of the Council to vote on such appointments. C. Subcommittee Responsibilities. The responsibilities of subcommittees include making and submitting recommendations and information to the Council for consideration and/or a vote (once properly agendized as noted in Section III.C, below, to ensure compliance with the Brown Act). Staff will work with and support Council subcommittees as required and in accordance with the provisions of Section II of this Chapter. D. Review of Standing and Ad Hoc Subcommittees. At its second regular meeting in December (or as soon thereafter as possible), and prior to making any appointments, the Council will review each currently-existing Standing or Ad Hoc Subcommittee and determine the need to renew or terminate the committee. Chapter 9 50 E. Conduct of Subcommittee Meetings. Council subcommittees shall generally follow the meeting procedures and rules of order set forth in Resolution No. 13-049. III. ADMINISTRATIVE SUPPORT FOR CITY COMMISSIONS AND COMMITTEES. A. Staff to Provide Support. City staff will provide assistance and support to City commissions, committees, and subcommittees; however, such commissions, committees, and subcommittees do not have supervisory authority over City employees. While staff may work closely with these entities (particularly the Planning Commission), City staff members remain responsible to their immediate supervisors and ultimately to the City Manager. The members of City commissions, committees, and subcommittees are responsible to perform the functions (as set forth in Victorville Municipal Code or other City Council directive) of their respective committees/commissions. B. Examples. Staff support includes preparation of an agenda and preparation of reports providing a brief background of the issue, a list of alternatives, recommendations, and appropriate back-up materials, if necessary. Advisory body members should have sufficient information to reach decisions based upon a clear explanation of the issues. C. Procedure for Recommendations to Council. Advisory City commissions, committees, and subcommittees wishing to communicate progress, status, and/or recommendations to the City Council must do so through approved Council agenda procedures. In addition, if such commissions, committees, and subcommittees wish to correspond with an outside agency, such correspondence will be prepared by staff for review by the City Manager and possible approval by the City Council. Individual members of City commissions, committees, and subcommittees who would like City staff to perform research or review a particular issue must gain the approval for such a request from the City Manager before any work is planned or done. IV. BOARDS, COMMISSIONS, AND COMMITTEES ON WHICH COUNCILMEMBERS SERVE AS CITY REPRESENTATIVES A. Outside Agencies. City Councilmembers are appointed to and serve as City representatives on the boards of commissions and/or committees of outside agencies in the region, such as the Victor Valley Transit Authority (“VVTA”), the San Bernardino County Transportation Authority (“SBCTA”), and the Victor Valley Wastewater Reclamation Authority (“VVWRA”). B. Procedures. Nomination and confirmation of such representatives and one alternate shall follow the same procedure identified in Section I.B for City Commissions, Committees, and Boards. C. Absence. Whenever a member of the City Council is unable to attend a regional board or commission to which he or she is designated as the City’s representative, he or she shall notify his/her alternate. Chapter 9 51 D. Duties. Councilmembers serving as City representatives on such outside agencies shall comply with the rules of procedure adopted by such agencies when participating in meetings of such agencies and shall provide updates or reports to the City Council on the activities of such agencies as required. Chapter 10 52 C H A P T E R 10 ‐ ENFORCEMENT I. CENSURE AUTHORIZED Censure is a formal resolution of the City Council that reprimands one of its own members for specified conduct, generally a violation of State, Federal, or local laws; or of City policy, including the provisions of this Manual (hereinafter collectively “Law”). Censure should not follow an occasional error in judgment that occurs in good faith and is unintentional, but it is appropriate when the violation is considered to be a serious offense or the conduct involves intentional and repeated violations of Law or City policy after other Councilmembers have informed the offending Councilmember of the violation(s). Censure carries with it no fine or suspension of the rights of the member as an elected official, but it nonetheless is a punitive action for wrongdoing. II. CENSURE PROCEDURE A. Request for Censure Hearing. During the open portion of any regular or special meeting of the City Council, any Councilmember may make a motion to calendar a censure hearing concerning the violative conduct of one of its members. 1. Specific Allegations. The request must include specific allegations of the conduct that constitutes a violation of the Laws or City policy upon which the proposed censure is based. 2 Support; Hearing or Investigation. If a majority of Councilmembers support the request then a) direction shall be given to City Manager to calendar the item for a future agenda or b) the Council shall appoint an ad hoc committee to investigate the charges. 3. When No Investigation Required. If the conduct or violation alleged is patent or otherwise clearly apparent, setting of the censure hearing shall proceed in accordance with Subsection C, below. B. Investigation. If a majority of the Council determines an investigation is warranted, the Council shall designate an ad hoc committee consisting of two of its members, one of which shall be the Mayor, to conduct the investigation. If the Mayor is the subject of the charges, the Mayor Pro Tem shall be appointed in lieu of the Mayor to serve on the ad hoc committee. 1. Independent Investigator. The Council may select an independent investigator to assist in conducting the investigation. The independent investigator would be managed by the ad hoc committee to conduct the investigation. 2. Process for Taking Statements. In the course of the investigation, the committee must determine the process by which statements are taken. A witness may choose to provide a signed declaration under penalty of perjury attesting to his or her knowledge of the facts surrounding the allegations. If a witness is unwilling to submit such a declaration, Chapter 10 53 the Council may issue a subpoena to compel the witness' testimony, consistent with its subpoena power granted under the Government Code. 3. Conclusion of Investigation. At the conclusion of the investigation, the results shall be presented in writing to the full Council. Based on the results and upon a majority vote of the Council, a censure hearing may be set in accordance with Subsection C, below. 4. Investigation Guidelines. The following guidelines apply to ad hoc committee investigations: (a) The committee may be staffed by administrative and legal staff. (b) If authorized by City Council, the committee may subpoena witnesses and documents. (c) In making a determination to hold a censure hearing, the committee should determine if after taking all the facts and evidence into consideration, there are reasonable grounds to believe or not believe that the conduct, violation, or offense occurred. (d) The committee shall issue a final report and recommendations to the City Council. The final report shall be made available to the public. C. Censure Hearing. If a censure hearing is set, it must be set far enough in advance to give the Councilmember subject to the charges adequate time to prepare a defense. That member shall be given the opportunity to make an opening and closing statement and to question his or her accusers. The Councilmember subject to the charges may be represented and may have the representative speak or question on his or her behalf. The Mayor, or the Mayor Pro Tem if the Mayor is the subject of the charges, shall preside at the hearing. The rules of evidence shall not apply to the hearing, which is not a formal adversarial proceeding. The City Attorney or designee shall provide legal advice to the City Council during the hearing. D. Resolution of Censure. A decision to censure requires the adoption of a resolution making findings with regard to the specific charges, based on substantial evidence, and approved by the affirmative vote of at least three (3) Councilmembers. In accordance with Government Code section 995, upon request of a Councilmember, the City may reimburse the Councilmember’s reasonable attorney fees and costs in defending himself/herself. III. REMOVAL A. Disruptive Conduct by Councilmember During Meeting. 1. In addition to the foregoing and as set forth in Section III.C of Chapter 5 of this Manual, the provisions of Government Code Section 36813 shall be applicable to the conduct of Councilmembers during Council meetings. Said Section provides: The City Council may establish rules for the conduct of its proceedings. It may punish a Councilmember or other person for disorderly behavior at a meeting. Chapter 10 54 2. In accordance with Section 36813 and Section III.C of Chapter 5 of this Manual, the punishment may include removal from the Council Meeting of the disruptive Councilmember upon a majority vote of the City Council. A motion for removal may be made by any Councilmember, including the Mayor, and is not debatable. The Presiding Officer and Council as a whole shall address disruptions in a consistent, transparent, and viewpoint-neutral manner. IV. ACKNOWLEDGEMENT OF RECEIPT AND UNDERSTANDING OF MANUAL Upon first entering office, upon election to any subsequent term, or whenever this City Council Policy and Procedures Manual is updated by City Council Resolution, every Councilmember shall sign a statement affirming that he/she has received, read, and understood the provisions set forth in this Manual and furthermore agrees to abide by them. ATTACHMENT 5 RESOLUTION NO. 2019-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WHITTIER, CALIFORNIA, ESTABLISHING THE NORMS AND PROCEDURES FOR THE COUNCIL’S CONDUCT OF PUBLIC BUSINESS RECITALS A.It is the intent of the City Council to conduct its business in an orderly and fair manner. B.There are basic rights of due process and opportunity to address issues with equity, fairness and equal protection of the law. C.Certain parliamentary procedures have been found to be useful in order to assure that the communication and process of government are fair, reasonable and just. D.The City has a duty to proceed with the business of government in an efficient and orderly fashion. E.The Council desires to establish uniform norms and procedures in order to accomplish these goals. F.The Council recognizes that theses norms and procedures are guidelines intended to reflect common sense. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WHITTIER, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The above recitals are true and correct and are a substantial part of this resolution. SECTION 2. Act in the Public Interest A.Council Members and staff recognize that stewardship of the public interest must be the primary concern and shall work for the common good of the whole Whittier community. B.Council Members strive to assure fair and equal treatment of all persons, claims, and transactions coming before the City Council, Commissions and Boards. Resolution No. 2019-51 Page 2 of 11 SECTION 3. Advocacy A.Council Members shall represent the official policies or positions of the City Council when designated as delegates for this purpose. B.When representing an individual opinion or position, Council Members will explicitly state they do not represent the City Council of the City, nor should allow the inference that they do. SECTION 4. Role of the Mayor A.Authority of the Chair 1.The Mayor shall operate pursuant Article IV of the City’s Charter. Further, the Mayor, subject to the appeal of the full Council, shall have the authority to streamline the business of the Council by either seeking clarification of motions that appear to be out of order or by ruling any such motions out of order. In so ruling, the Mayor should be courteous and fair, and should presume that the moving party is acting in good faith. 2.The Mayor's position is as a leader among equals; the City Manager goes to the Mayor as the duly elected representative leader of the City Council. B.Mayor to Facilitate Council Meetings 1.The Mayor is the presiding officer at all City Council meetings. In the Mayor's absence, the Mayor Pro Tem shall be the presiding officer. 2.All questions and remarks should be addressed to the Mayor. 3.The Mayor shall decide all questions of order, subject, however, to an appeal to the Council. 4.The Mayor shall recognize the Council Members, City Manager, and speakers desiring to provide public comment. The Mayor should allow other Council Members to speak first on items before the Council and then the Mayor shall comment. 5.The Mayor should not permit unauthorized remarks from the audience including applause, stamping of feet, whistles, yells or shouting, and/or similar demonstrations. 6.The Mayor shall designate a time limit for public comment as established by Resolution No. 8379. Upon expiration of that time, the Mayor should inform the speaker that time has expired and promptly move on to the next speaker or issue on the agenda. Resolution No. 2019-51 Page 3 of 11 7.If a speaker becomes abusive, boisterous, or discourteous, an immediate declaration may be made by the Mayor that the Council is in recess. Upon reconvening the meeting, if the prior speaker attempts to resume, the speaker can either be informed that the speaking opportunity has expired or be allowed to complete the balance of the time remaining for the speaking opportunity. 8.The Mayor should manage the agenda in a manner that seeks to move the meeting along. The Mayor may call for a short recess during a Council meeting when deemed necessary. The Mayor and Council may consider setting a time for adjournment and carrying over certain matters in order to complete the meeting at a reasonable hour. 9.The Mayor will represent the City and the majority opinion of the Council on all actions/positions taken by the Council. SECTION 5. Role of the City Council and Council Ad Hoc Committees A.Council Conduct in General 1.Council Members should treat everyone with courtesy. Council Members should allow room for dialogue. When discussing an agenda item, Council Members should allow the opportunity to dialogue with each other to build consensus on an item. Any Council Member shall have the right to express dissent from, or protest to, or comment upon, any action of the Council, and have the option to enter the reason into the minutes, such as "I would like the minutes to show that I am opposed to this action for the following reasons..." 2.Once a vote is taken on an issue, Council Members should support the decision made by the Council. If a Council Member who voted in favor of the decision, whether the decision was to approve or deny, wants it to be reconsidered, that Council Member should make a motion at the meeting where the decision is made or at the next regular meeting request agendizing the matter for reconsideration. A Council Member voting in the minority is not entitled to make a motion to reconsider. When possible, the Council should attempt to reach consensus on an issue. When this is not possible, the majority vote shall prevail. However, the Council should respect the opinion of the minority. 3.Pursuant to Section 412 of the Charter, the adoption of an Ordinance or Resolution, or the making/approval of any order for the payment of money shall require at least three affirmative votes. 4.During a vote by acclamation, in the event a Council Member does not verbally indicate their position and do not vocalize their abstention, the vote shall be recorded as if they acquiesced to the motion. Resolution No. 2019-51 Page 4 of 11 5.Council Members should publicly share substantive information, which they may have received from sources outside the public decision-making process, which is relevant to a matter under consideration by the Council and Commissions. B.Council Conduct with Staff 1.Council Members should always feel free to speak directly with the City Manager on matters of interest or concern. 2.Council Members should respect and adhere to the City's form of government, which is a Charter City operating under a Council-Manager form of government, with the City Council acting as the legislative body of the City. Council is the visionary policy maker; the City Manager is responsible for implementation of Council majority policies. 3.Council directs the City Manager to implement Council policy decisions through the administrative functions of the City. 4.When possible, Council Members should seek answers to questions on an item on the agenda from the City Manager prior to the meeting. Council Members are also encouraged to let the City Manager know of questions that will be asked publicly or during the Council Meeting to allow staff an opportunity to be prepared to give a response. 5.With the exception of closed session discussions permitted by the Brown Act, Council Members will not get involved in personnel issues. This includes luring, firing, promoting, disciplining; and all other forms of personnel matters, which are the responsibility of the City Manager. If a Council Member is unhappy about a department or an employee, the Council Member may discuss the situation with the City Manager. Council Members should treat staff professionally, refrain from public criticism of an individual employee, and avoid involvement in administrative functions. 6.To be consistent with requirements of the California Fair Political Practices Commission (FPPC), individual Council Members must not use their influence to impact a decision on a matter or project for which they have a conflict of interest. Individual Council Members must not discuss or meet with the City Manager, staff, or Commissioners about projects or issues in which the Council Member has a conflict of interest. 7.To preserve the highest degree of public trust and consistent with the requirements of California State Law, including Assembly Bill 1234 (2005) regarding ethics training, individual council members will adhere to laws and guidelines regarding ethical use of public resources, particularly pertaining to Resolution No. 2019-51 Page 5 of 11 personal, political or other purposes not authorized by state law, and to transparency, disclosure and reporting requirements. C.Council Conduct with the Public 1.Council Members should make the public feel welcome and should listen courteously and attentively to all public comments before the Council without partiality, prejudice or disrespect. 2.Council Members should make no promises to the public on behalf of the City Council and avoid debating issues with members of the public. D.Council Conduct with Other Agencies 1.Council Members should project a positive image of the City when dealing with other agencies. 2.Council Members should be clear about representing the City or personal interests to members of other agencies. Individual Council Members can lobby or discuss with other legislators, government officials, or developers issues that have been adopted by the Council or are Council policy; they should not represent themselves as the City if it is only an individual issue. 3.Council Members should show tolerance and respect for other agencies' opinions and issues, and agree to disagree with them when necessary. E.Council Conduct with Boards & Commissions 1.Council should treat all members of the Boards & Commissions with appreciation and respect. 2.Commissioners or Committee members may address the Council on items discussed by their respective bodies, but this should be limited to the chair or a representative appointed by the Commission or Committee, and should be done only when asked by the majority of the Commission or Committee. This will not take precedence over any individual's first amendment right to address the Council as an individual. F.Council Conduct with the Media 1.Council Members will refrain from providing "off the record" information (discussing inside information). Providing background information is acceptable. 2.Council Members shall represent the City's official position when speaking on behalf of the City to the media. Individual Council Members should indicate if Resolution No. 2019-51 Page 6 of 11 they are making comments that represents their own opinion and not of the Council majority. 3.Council Members are encouraged to inform the Mayor or City Manager of interviews or comments made to the media about City projects or issues so the City Manager can inform the rest of the City Council of issues that could be of interest G.Obtaining the Floor 1.Any member of the Council wishing to speak must first obtain the floor by being recognized by the Mayor. The Mayor must recognize any Council Member who seeks the floor when appropriately entitled to do so. 2.With the concurrence of the Mayor, a Council Member holding the floor may address a question to another Council Member, and that Council Member may respond while the floor is still held by the Council Member asking the question. A Council Member may opt to not answer a question while another Council Member has the floor. 3.Before the question is called, there shall be an opportunity for all Council Members to speak. Council Members are encouraged to allow room for dialogue in order to build consensus on an item or agree to disagree. When the question is called, no further debate shall occur. A motion is required in the event of an objection to ending the debate. H.Council Ad Hoc Committees 1.Council Ad Hoc Committees are temporary committees of fewer than a majority of the Council formed for a specific task or objective. Ad Hoc Committees dissolve upon completion of the task or objective. The role of Council Ad Hoc Committees is to develop program and policy recommendations for the full Council's consideration at meetings of the City Council. The scope of work to be studied by Council Ad Hoc Committees shall be established by the full Council. Expansion of the scope of work shall return to the full Council for concurrence. 2.Council Ad Hoc Committees will not make final and binding decisions on behalf of the City, nor will they commit the City's financial resources, nor direct staff. SECTION 6. Role of City Staff A.City staff will provide written analysis and information on all agenda items prior to the meetings. Additionally, a copy of the materials, including technical reports, will be available to the public. Resolution No. 2019-51 Page 7 of 11 The City Manager and staff will be available to answer questions of individual Council Members prior to and during Council meetings. Staff will respond to questions from the public during City Council meetings when requested to do so by the City Manager. Staff will not debate issues with the public or the Council. B.Council Members and staff who participate in meetings with other agencies outside the City should be apprised of any follow up correspondence to that party; City Manager and all Council Members should receive a copy of that correspondence. C.It is staff's role to make recommendations to the City Council based on professional judgment and analysis of issues. The City Manager will implement Council majority direction. D.The City Manager should inform Council as soon as possible of upcoming issues, particularly issues that will impact the City significantly and may be coming before the Council on short notice. E.The City Manager should advise management to become aware of, and sensitive to, potentially political or controversial issues coming before the Council. F.City staff will implement all Council majority policies as directed by the City Manager. SECTION 7. Role of the Public A.Members of the public attending the Council meetings should observe the same rules and decorum applicable to the Council and staff. B.Members of the public wishing to speak during the public participation portion of the City Council meeting shall be limited to the comment time posted on the agenda, or as adjusted by the Mayor at the beginning of the meeting. When addressing the Council, a green light appears when the speaker begins; a yellow light appears when time is coming to an end; and a red light appears when time has expired. Comments should be complete at this time. C.All speakers must approach the podium when recognized by the Mayor. Members of the public shall only speak from the podium and shall address comments to the Mayor and not to staff or to members of the audience. D.Applause, stamping of feet, whistles, yells, or shouting, and/ or similar demonstrations are unacceptable public behavior, and impede speakers’ ability to be heard during their limited speaking time. Applause is allowed during the Presentation section of the agenda. E.Members of the public should not make any defamatory and/or slanderous remarks regarding public officials or City staff, or become boisterous while addressing the Council or while attending the Council meeting in a manner that impedes the City Council to conduct an orderly meeting. However, the public is not Resolution No. 2019-51 Page 8 of 11 prohibited from criticizing policies, procedures, programs and/or services of the City or acts or omissions of the Council Members in carrying out their respective responsibilities as public officials. F.Members of the public should turn off or switch to silent mode any electronic equipment, pagers and cellular telephones while attending a City Council meeting G.Members of the public shall not approach individual Council Members while the meeting is in progress. H.If a member of the public desires to provide written materials (10 copies recommended) to the Council during a Council meeting, all such materials shall be given directly to the City Clerk. At no time shall the public provide the materials directly to members of the Council during a Council meeting. SECTION 8. Council Requests A.All Council requests dealing with policy issues, and those requests which may be construed as direction, go through the City Manager. Council should not direct employees. Council Members can make general inquiries for information of staff and should copy or notify the City Manager of such inquiries. If the City Manager determines that a request by an individual Council Member of City Manager or staff requires creation of reports or undertaking of analysis that will involve a significant amount of time, the individual Council Member shall be advised to make the request of the entire Council at an agendized meeting. B.Any request from City Council requiring financing must go through the City Manager. C.The City Attorney undertakes legal work at the request of a majority of the City Council, the City Manager and Department Heads or their designees. Individual Council Members may contact the City Attorney concerning conflicts of interest. Individual Council Members may also request legal opinions and advice of the City Attorney, provided that such work does not require more than 1/2 hour to complete. The results of such work will be shared with all Council Members, only if applicable to the City Council or future item to be considered by the City Council. If the work is anticipated to require more than 1/2 hour to complete, the City Attorney will so advise and the Council Member can make the request of the entire Council at an agendized meeting. SECTION 9. Presentations and Events A.Council Member presentations during a Council meeting are limited to the item or issue being deliberated, with the exception of Council Comments. To ensure that the appropriate presentation equipment is available and time is provided on the agenda, Council Members shall inform the Mayor and provide the City Manager Resolution No. 2019-51 Page 9 of 11 advance notice of the intent to make a presentation. Presentations by individual Council Members regarding an item on the agenda that include a video, PowerPoint, or other visual aids are limited to the same time frame as public comments. Individual Council Members will provide a copy of the presentation to the full City Council at least twenty- four hours in advance of the meeting. B.All Council Members will be informed and invited to events, activities, groundbreakings, ribbon cuttings, etc., that acknowledge a Citywide accomplishment. The Mayor should preside at each event on behalf of the City Council and should work with the City Manager to determine who should speak at each event. If the Mayor is not available, to preside at an event, the Mayor Pro Tem should preside. Council Members may preside at an event if the Mayor and Mayor Pro Tem are not available. C.During public presentations, the Mayor, and, if the Mayor deems appropriate, a Council Member who was highly involved in the project, should represent the City. SECTION 10. Council Agenda A.The City Manager is responsible for setting the agenda for Council Meetings. The City Manager will consult with the Mayor on a draft agenda prior to posting. Additionally, during a Council meeting, any Council Member or the Mayor can put items on a future agenda, with a verbal majority of the Council. B.Consistent with requirements of the Brown Act, the Mayor or majority of the Council may call a special meeting. C.Either the City Manager, staff or Council Members can present agenda topics. D.The City Manager should try to research ahead of time any controversial agenda item, what the issues might be, and try to avoid any "surprise” conflicts. In a democratic process it should be recognized that sometimes this is unavoidable. E.Council Members will be given sufficient lead and preparation time for reviewing agendas. In the event that an individual Council Member feels that they have not been given sufficient time to review the agenda and materials, the Council Member can ask the Council to continue the item. An item can be continued with a majority vote. F.Correspondence received by a Council Member or City staff regarding an agendize item should be forwarded to the City Clerk to be retained as part of the record and for distribution to the Council and public. G.Direction provided at Council meetings should be in the form of a motion or by consensus. Individual direction provided by a Council Member during a meeting will be evaluated by the City Manager. Resolution No. 2019-51 Page 10 of 11 H.Supplemental Staff Reports (Presentations): In the event of additional information requested by Council Members after the posting of the agenda, Staff will provide the information as a presentation during the Council meeting and provide copies to the Council and the public. SECTION 11. Public Correspondence A.City letterhead with all Council Member names should be used for responses to policy issues. B.City letterhead with City seal only should be used by individual Council Members for responses to constituent letters, so long as it is not a policy issue, or as long as the Council Member indicates it is an individual opinion not the policy of the Council. C.Council Members should respond to an e-mail inquiry if they are comfortable with the Council's policy and stand on the issue; if not, Council Members are free to refer an email inquiry to the City Manager. D.Council Members are encouraged to forward email correspondence, and phone calls and their responses, to the City Manager or designee who will monitor responses and track the request, suggestion, issue, etc. SECTION 12. Closed Session Confidentiality A.All matters discussed during closed sessions shall be private and confidential, and the disclosure by any person of the topics or details of such matters is expressly prohibited. B.Although the City Clerk will take minutes of the meeting, other notes in closed session should not be taken; however, if a Council Member feels it is necessary, then only cursory notes should be permitted. All closed session information, verbal or written, is confidential and private. Council Members will return written documents to staff at the end of each closed session. SECTION 13. Compliance and Enforcement A.Council Members have the primary responsibility to assure that ethical standards are understood and met by the Council, and that the public can continue to have full confidence in the integrity of government. B.It is the role of the Mayor and the Council to intervene when actions of members are in violation of the standard norms and procedures. Resolution No. 2019-51 Page 11 of 11 SECTION 14. Administration A.The Council may review and revise the City Council norms and procedures as needed by amendment of this resolution. B.During City Council discussions, deliberations, and proceedings, the Mayor has been designated with the primary responsibility to ensure that Council Members, staff and members of the public adhere to the Council's norms and procedures. SECTION 15. The City Clerk shall certify to the passage and adoption hereof. APPROVED AND ADOPTED this 27th day of August 2019. JOSEPH A. VINATIERI, Mayor ATTEST: LISA POPE, City Clerk (seal) RESOLUTION NO. 09-6748 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, ADOPTING CODES OF CONDUCT FOR THE CITY COUNCIL AND ALL CITY BOARDS, COMMITrEES AND COMMISSIONS WHEREAS, the governance ofthe City of Covina relies on cooperative efforts of elected officials who set policy; appointed officials who provide community input and recommendations; and City staff who analyze problems and issues, make recommendations and implement imd administer Council policies; and WHEREAS, the City of Covina is composed of individuals witft a wide variety of backgrounds, personalities, values, opinions, and goals who have chosen to serve in public office to improve the quality ofHfe in the community; and WHEREAS, it is the desire of the City Council of the City of Covina to support the orderly, efficient, and responsive conduct of City business. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Covina as follows: Section 1. The City Council hereby approves and adopts the Code of Conduct for Boards, Committees and Conunissions attached as Exhibit A. Section 2. The City Council approves and adopts the Code of Conduct for the City Council attached as Exhibit B. Section 3. The City Clerk shall certify to the passage and adoption of this resolution and the seme shall thereupon take effect and is in force. APPROVED, PASSED AND ADOPTED this 17th day Mayor City Clerk ""\'i. EXHIBIT E - I of 15 Attachment 6 APPROVED AS TO FORM: ~Z-~ I, TONI J. TABER, City Clerk ofthe City of Covina, hereby CERTIFY that Resolution No. 09-6748 was adopted by the Covina City Council at a regular meeting of the City Council held March 17, 2009 and was approved and passed by the following vote: AYES: Council Members King, Stapleton, Mayor Pro Tern Delach, Mayor Allen NOES: Council Member Low a _ ABSENT: None ~J40- ~................. Toni J. Taber City Clerk Resolution 09-6748 Page 2 of IS EXHIBIT A CITY OF COVINA BOARD, COMITTEE & COMMISSION PROTOCOLS The City has established several Boards, Conunittees and Conunissions as a means of gathering more community input. Citizens who serve on Boards, Conunittees and Conunissions become more involved in government and serve as advisors to the City Council. They are a valuable resource to the City's leadership and should be treated with appreciation and respect while treatmg others in a rlke manner. All Board, Conunittee and Conunission members should: • Demonstrate honesty and integrity in every action and statement • Serve as a model ofleadership and civility to the community • Inspire public confidence in Covina government • Work for the common good, not personal interest • Prepare in advance of Board/ConunitteeiConunission meetings and be familiar with issues on the agenda • Fully participate in Board/CommitteeiCommission meetings and other public forums while demonstrating respect, kindness, consideration, and courtesy to others • Participate in scheduled activities to increase Board/Committee/Commission effectiveness • Review BoardiConunitteeiConunission procedures, such as these Protocols, at least annually • Be responsible for the highest standards of respect, civility and honesty in ensuring the effective maintenance of intergovernmental relations • Respect the proper roles of elected officials and City staff in ensuring open and effective government • Provide contact information to the Board/Conunittee/Conunission staff liaison in case an emergency Resolution 09-6748 Page 3 oflS BOARD, COMlTIEE & COMMISION MEMBER CONDUCT WITH ONE ANOTHER Boards, Committees and Commissions are composed of individuals with a wide variety of backgrounds, personalities, values, opinions, and goals. Despite this diversity, all have volunteered to serve in order to improve the quality of life in the community. In all cases, this common goal should be acknowledged even as Members may "agree to disagree" on contentious issues. In Public Meetings • Use formal titles. While referring to one another formally during Board/Committee/Commission meetings as Chair, Vice Chair or Board/Commission Member may not be necessary due to the size and nature of the Board/Committee/Commission, respect for all members will be shown at all times. • Practice civility and decorum in discussions and debate. Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of a free democracy in action. Be respectful of diverse opinions. . . • Honor the role of the presiding officer in maintaining order and equity. Respect the Chair's efforts to focus discussion on current agenda items. Objections to the Chair's actions should be voiced politely and with reason, following parliamentary procedures. • Demonstrate effective problem-solving approaches. Members have a public stage to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the community as a whole. Members are ______rokunodels for residents and other stakeholders inYclYf:d.in.pJ.Ibli~debate. _._ m _mm••• •• ________ • Be remectful of other people's time. Stay focused and act efficiently during public meetings. In Private Encounters • Treat others as you would like to be treated. Ask yourself how you would like to be treated in similar circumstances, and then treat the other person that way. Resolution 09-6748 Page4of15 BOARD, COMMITTEE & COMMISSION CONDUCT WITH CITY STAFF Governance of a City relies on the cooperative efforts of elected officials, who set policy, appointed officials (Board/Committee/Commission members), who make recommendations to Council, and City staff, which analyze problems and issues, make recommendations, and implement and administer the Council's policies. Therefore, every effort should be made to be cooperative and show mutual respect for the contributions made by each group for the good of the community. • Treat all staff as professionals. Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected. As with your colleagues, practice civility and decorum in all interactions with City staff. • Charmel communications through the appropriate senior City staff. Questions of City staff should be directed only to the Department Heads or Board/Committee/Commission staff liaison. Members should not set up meetings with department staff directly, but work through Department Heads/liaison. • All Members should have the same information with which to make decisions. Information requested by an individual Member will be made available to all members. All information requests should respect the "one hour" rule (See below). • Never publicly criticize an individual employee, including Council-Appointed Officers. Criticism is differentiated from questioning facts or the opinion of staff. All critical comments about staff performance should only be made to the Department Head or CIty Managettbiougn pnvate correspoooence or conversafiOil:--"'~ ~~.. ~. ..~. ~'."""~'~--'- • Do not get involved in administrative functions. Avoid any staff interactions that may be construed as trying to shape staff recommendations. Members shall refrain from coercing staff in making recommendations to the Board/Committee/Commission as a whole. • Be cautious in representing City positions on issues. Before sending correspondence related to a legislative position, check with City staff to see if a position has already been determined. When corresponding with representatives of other government agencies or residents, remember to indicate if appropriate that the views you state are your own and may not represent those of the full Board/Committee/Commission or the City Council. Resolution 09-6748 PageS of IS • Respect the "one hour" rule for staff work. Requests for staff support should be made to the appropriate staff liaison, according to the protocol for channeling communications. Any request, which would require more than one hour of staff time to research a problem or prepare a response, will need to be approved by the appropriate Department Head to ensure that staff resources are allocated in accordance with overall priorities. STAFF CONDUCT WITH BOARD, COMMITTEE, AND COMMISSION MEMBERS • Respond to Member questions as fully and as expeditiously as is practical. The protocol for staff time devoted to research and response is in application here. • Respect the role of Members as policy advisors for the City Council. Staff is expected to provide its best professional recommendations on issues. Staff should not try to determine Member support for particular positions or recommendations in order to craft recommendations. The Board/Committee/Commission must be able to depend upon the staff to make independent recommendations. Staff should provide infonnation about alternatives to staff recommendations as appropriate, as well as pros and cons for staff recommendations and altematives • Demonstrate professionalism and non-partisanship in all interactions with the community and in public meetings. • It is important for the staff to demonstrate respect for the Board/Committee/Commission at all times. All Members should be treated equally. OTHER PROCEDURAL ISSUES • Commit to periodic review of important procedural issues. Annually or as required by law, the Board/Committee/Commission will review the protocols, adopted procedures for meetings, the Brown Act, conflict of interest, and other important procedural issues. • Recognize and respect the role of the Board/Committee/Commission and the City Council. Board/Committee/Commission Members are appointed by the City Council to serve them in an advisory capacity. While Members are a valuable resource to the City's leadership and should be treated with appreciation and respect, it should be remembered that it is the role of the City Council, not the Board/Committee/Commission, to set policy. Resolution 09-6748 Page 6 oflS ENFORCEMENT Failure of a Board/Committee/Commission Member to observe and conduct himself7herself in accordance with these adopted Board/Committee/Commission Protocols may result in, but not be limited to, the following actions: 1) private counseling of the Member; 2) letter of warning/reprimand from the Board/Committee/Commission; 3) removal from serving as a representativelliaison to other Boards and Commissions; 4) restricting the Member's communications with City staff; 5) censure by the Board/Committee/Commission; and 6) in the most serious cases, removal from the Board/Committee/Commission by the City Council. ~~~~------------.--. Resolution 09-6748 Page 7 of 15 EXHIBITB CITY OF COVINA COUNCIL CODE OF CONDUCT ALL COUNCIL MEMBERS All members of the City Council, including those serving as Mayor and Mayor Pro Tem, have equal votes. No Council Member has more power than any other Council Member, and all should be treated with equal respect. All Council Members should: • Demonstrate honesty and integrity in every action and statement • Serve as a model of leadership and civility to the community • Inspire public confidence in Covina government • Work for the common good, not personal interest • Prepare in advance of Council meetings and be familiar with issues on the agenda • Fully participate in City Council meetings and other public forums while demonstrating respect, kindness, consideration, and courtesy to others • Participate in scheduled activities to increase Council effectiveness • Review Council procedures, such as these Council Protocols, at least annually • Represent the City at ceremonial functions at the request of the Mayor ........._-_._.__ ..._-... ... ------- ----_......_~~- • Be responsible for the highest standards of respect, civility and honesty in ensuring the effective maintenance of intergovernmental relations • Respect the proper roles of elected officials and City staff in ensuring open and effective goverument • Provide contact information to the City Manager in case an emergency or urgent situation arises while the Council Member is out of town Resolution 09-6748 Page 8 ofl5 COUNCIL CONDUCT WITH ONE ANOTHER Councils are composed of individuals with a wide variety of backgrounds, personalities, values, opinions, and goals. Despite this diversity, all have chosen to serve in public office in order to improve the quality of life in the community. In all cases, this common goal should be acknowledged even as Council may "agree to disagree" on contentious issues. In Public Meetings • Use formal titles. The Council should refer to one another formally during Council meetings as Mayor, Mayor Pro Tem or Council Member followed by the individual's last name. • Practice civilitv and decorum in discussions and debate. Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of a free democracy in action. Be respectful of diverse opinions. • Honor the role of the presiding officer in maintaining order and eguitv. Respect the Mayor's efforts to focus discussion on current agenda items. Objections to the Mayor's actions should be voiced politely and with reason, following parliamentary procedures. • Demonstrate effective problem-solving approaches. Council Members have a public stage to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the community as a whole. Council Members are role models for residents, and other stakeholders involved in public debate. • Be respectful of other people's time. Stay focused and act efficiently during public meetings. In Private Encounters • Treat others as you would like to be treated. Ask yourself how you would like to be treated in similar circumstances, and then treat the other person that way. Resolution 09-6748 Page90f15 COUNCIL CONDUCT WITH CITY STAFF Governance of a City relies on the cooperative efforts of elected officials, who set policy, and City staff, which analyze problems and issues, make recommendations, and implement and administer the Council's poliCies. Therefore, every effort should be made to be cooperative and show mutual respect for the contributions made by each individual for the good of the community. • Treat all staff as professionals. Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected. As with your Council colleagues, practice civility and decorum in all interactions with City staff. • Channel requests of staff through the City Manager, City Attorney or hislher designee . Requests of City staff should be directed only to the City Manager, or City Attorney or hislher designee. Council Members should not set up meetings with department staff directly, but work through the City Manager or City Attorney. • All Council Members should have the same information with which to make decisions. Information requested by an individual Council Member will be made available to all Council members. All information requests should respect the "one hour" rule (See below). • Never publicly criticize an individual employee, including Council-Appointed Officers. Criticism is differentiated from Questioning facts or the opinion of staff. All critical comments about staff performance should only be made to the City Manager through private correspondence or conversation. • CIty Manager IS adriilillstranve]iead of the ciW.-· ""~.------~--.. Any concerns a Council Member may have regarding day to day operations of the City should be directed to the City Manager. Avoid any staff interactions that may be construed as trying to direct or shape staff recoinmendations. Council Members shall refrain from coercing staff in making recommendations to the Council as a whole. • Be cautious in representing City positions on issues. Before sending correspondence related to a legislative position, check with City staff to see if a position has already been determined. When corresponding with representatives of other governments or constituents, remember to indicate if appropriate that the views you state are your own and may not represent those of the full Council. Resolution 09-6748 Page 100flS • Do not attend staff meetings unless requested by City Manager. Even if the Council Member does not say anything, the Council Member's presence may imply support, show partiality, intimidate staff, or hamper staff's ability to do its job objectively. • Respect the "one hour" rule for staff work. Requests for staff support should be made to the City Manager, according to the protocol for channeling communications. Any request, which would require more than one hour of staff time to research a problem or prepare a response, will need to be approved by the full council to ensure that staff resources are allocated in accordance with overall council priorities. Once notified that a request for information or staff support would require more than one hour, the Council Member may request that the City Manager place the request on an upcoming Council agenda. • De,pend !':!pon the staff to respond to citizen concerns and complaints. It is the role of Council Members to pass on concerns and complaints on behalf of their constituents. It is not, however, appropriate to pressure staff to solve a problem in a particular way. Refer citizen complaints to the appropriate Department Head. The senior staff member should respond and is responsible for making sure the Council Member knows how the complaint was resolved. COUNCIL CONDUCT WITH BOARDS AND COMMISSIONS The City has established several Boards and Commissions as a means of gathering more community input. Citizens who serve on Boards and Commissions become more involved in government and serve as advisors to the City Council. They are a valuable resource to the City's leadership and should be treated with appreciation and respect. Council Members serve as liaisons to Boards and Commissions, according to appointments made by the Mayor, and in this role are expected to represent the full Council in providing guidance to the Board or -----CoJlll1llsslOn. In other Instances, Councll Members may attend Board ofCoinrrusslon meefmgs as individuals, and should fullow these protocols: • If attending a Board or Commission meeting. identify your comments as personal views or opinions. Council Members may attend any Board or Commission meeting, which are always open to any member of the public. Any public comments by a Council Member at a Board or Commission meeting, when that Council Member is not the liaison to the Board or Commission, should be clearly made as individual opinion and not a representation of the feelings of the entire City Council. Resolution 09-6748 Page 11 ofl5 • Limit contact with Board and Commission members to questions of clarification. It is inappropriate for a Council Member to contact a Board or Commission member to lobby on behalf of an individual, business, or developer, or to advocate a particular policy perspective. It is acceptable for Council Members to contact Board or Commission members in order to clarifY a position taken by the Board or Commission. • Remember that Boards and Commissions are advisory to the Council as a whole. not individual Council Members. The City Council appoints individuals to serve on Boards and Commissions, and it is the responsibility of Boards and Commissions to follow policy established by the Council. Council Members should not feel they have the power or right to threaten Board and Commission members in any way if they disagree about an issue. A Board or Commission appointment should not be nsed as a political "reward." • Concerns about an individual Board or Commission member should be pursued with tact. If a Council Member has a concern with the effectiveness of a particular Board or Commission member and is comfortable in talking with that individual privately, the Council Member should do so. Alternatively, or if the problem is not resolved, the Council Member should consult with the Mayor, who can bring the issue to the Council as appropriate. • Be re;mectful of diverse opinions. A primary role of Boards and Commissions is to represent many points of view in the community and to provide the Council with advice based on a full spectrum of concerns and perspectives. Council Members may have a closer working relationship with some individuals serving on Boards and Commissions, but must be fair to and respectful of all citizens serving on Boards and Commissions. • Keep political support away from public forums. Board and Commission members may offer political support to a Council Member, but not in a public forum while conducting-official duties. Conversely, COiihcttMeri1bers may support 13o~--- and Commission members who are running for office, but not in an official forum in their capacity as a Council Member. • Maintain an active liaison relationship. Appointed' Council liaisons are encouraged to attend all regularly scheduled meetings of their assigued Board or Commission, or to arrange for an alternate. Resolution 09-6748 Page 120f15 STAFF CONDUCT WITH CITY COUNCIL • Respond to Council guestions as fully and as expeditiously as is practical. The protocol for staff time devoted to research and response is in application here. If a Council Member forwards a complaint or service request to a department head there will be fullow through with the Council Member as to the outcome. • Res.pect the role of Council Members as policy makers for the City. Staff is expected to provide its best professional recommendations on issues. Staff should not try to determine Council support for particular positions or recommendations in order to craft recommendations. The Council must be able to depend upon the staff to make independent recommendations. Staff should provide infonnation about alternatives to staff recommendations as appropriate, as well as pros and cons for staff recommendations and alternatives • Demonstrate professionalism and non-partisanship in all interactions with the community and in public meetings. • It is important for the staff to demonstrate respect for the Council at all times. All Council Members should be treated equally. OTHER PROCEDURAL ISSUES • Commit to periodic review of important procedural issues. Annually or as required by law, the Council will review the Council protocols, adopted procedures for meetin~Lthe Brown Act, conflict of interest, and other)mportant procedural issues. Use of Letterhead • City letterhead may be used by Council Members. Council members may use letterhead only for communication with constituents or stating City adopted positions • City letterhead may not be used by Council Members. City letterhead may not be used for personal business or to present an opposing view once an official position has been taken by the Council. All official City Council positions will be stated over the signature of the Mayor only or as directed. Resolution 09-6748 Page 13 ofl5 Council Meetings • The Mayor should work with the City Manager to plan the Council meetings. There are three purposes to the pre-Council planning meeting: 1) to plan how the meeting will be conducted; 2) to identify any issues or questions that may need greater staff preparation for the meeting; and 3) to discuss future meetings. The purpose of the meeting is not to work on policy issues. Normally, only the Mayor is expected to attend the pre-Council meetings with the City Manager and other staff as required. • Council Member placement of items on the Agenda. At the request of two Council members, the City Manager will place and item on the agenda. • Don't politicize procedural issues (e.g. minutes approval or agenda order) for strategic pumoses. • Submit Questions on Council agenda items ahead of the meeting. In order to focus the Council meetings on consideration of policy issues and to maintain an open forum for public discussion, questions which focus on the policy aspects of agenda items should be discussed at the Council meeting rather than in one-on-one communications with staff prior to the meetings. Any clarifications or technical questions that can be readily answered can be handled before the meeting. Council Members are encouraged to submit their questions on agenda items to the City Attorney, City Manager or Assistant City Manager as far in advance of the meeting as possible so that staff can be prepared to respond at the Council meeting. • Mayoral discretion on controversial items. On highly controversial items the Mayor may: I) move placement of the item on the agenda to facilitate the flow of all agenda business; 2) may limit the time allotted to individual speakers on an item; 3) may limit the total time allotted for public comment on an individual item. • Confidentiality of Closed Session. Confidentiality applies to any non-pUblic discussion items. Council Members will not speak to affected/opposing parties, the press, or any individual not present about items discussed in closed session. Any written reports or materials presented during closed session will be turned in at the end of closed session. Resolution 09-6748 Page 14of15 ENFORCEMENT Failure of a Council Member to observe and conduct himsel£'herself in accordance with these adopted Council Protocols may result in, but not be limited to, the following actions: I) private counseling of the Council Member; 2) letter of waminw'reprimand from the City Council; 3) restrictions upon City-authorized travel; 4) removal from serving as City representativelliaison to internal Boards and Commissions and to intergovernmental organizations; 5) reductions in personal expense budget; 6) exclusion from closed session discussions; 7) restricting the Council Member's communications with City staff; 8) censure by the City Council; and 9) in the most serious cases, referral of the matter to the Fair Political Practices Commission, District Attorney or grand jury for ethics investigation and/or criminal prosecution. ........ --~~~~- Resolution 09-6748 Page 15 of 15 Council Governance Protocols and Procedures November 15, 2021 Attachment 7 CITY COUNCIL GOVERNANCE PROTOCOLS/PROCEDURES - DECISION MATRIX Structure/Format of Governance Protocols & Procedures (Choose one) □Resolution (Similar to Whittier example) □Procedures Manual (Similar to Davis, Arcata, Chowchilla, Victorville examples) □Codes of Conduct – [Only] (Similar to Covina example) Alternative: __________________ If Procedures Manual (Choose one or more top sample preferences): □City of Davis Procedures Manual example □City of Arcata Protocols Manual □City of Chowchilla Rules of Procedure Handbook □City of Victorville Policy Manual Alternative/Combination of: ________________________ Attachment 7