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�\ 82 STAFF REPORT CITY CLERK
CITY COUNCIL File #610-20
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DATE: February 19, 2013 •
TO: . Honorable Mayor and City Councilmembers
FROM: Joni Pattillo, City Manager-- oL, ecti.j24
SUBJECT: Amendment of City Policies Prohibiting City Councilmembers from Engaging in
Political Activities During City Council Meetings, at the Civic Center and While
Representing the City in an Official Capacity
Prepared by Stephen Muzio, Assistant City Attorney
EXECUTIVE SUMMARY:
The City Council will consider adoption of two resolutions that implement changes to existing
policies prohibiting City Councilmembers from engaging in political activities during City Council
Meetings, at the Dublin Civic Center, and while acting in an official capacity.
FINANCIAL IMPACT:
None.
RECOMMENDATION: •
Staff recommends that the City Council adopt Resolution Amending and Restating the Rules
for Conduct of Meetings of the City Council; and adopt Resolution Amending and Restating the
Policy Prohibiting City Councilmembers From Engaging in Political Activities at the Civic Center
and While Representing the City in an Official Capacity.
t° Submitted By Reviewed By
City Attorney Economic Development Director/
Public Information Officer
DESCRIPTION: •
•
The City Council previously adopted two resolutions that prohibit Councilmembers from
engaging in "political activities" in certain circumstances.
•
Resolution 19-11 establishes the rules for the conduct of City Council meetings and provides in
part that "[m]embers of the City Council shall not engage in political activities related to local,
state, or federal elections during City Council meetings. Nothing in this section shall prevent the
Page 1 of 3 ITEM NO. 4.4
•
City Council from considering whether or not to support or oppose a ballot measure or state or
federal legislation.”
Resolution 26-08 establishes a policy on Councilmembers engaging in political activities outside
of City Council meetings and provides that:
Members of the City Council of the City of Dublin shall not engage in political activities
relating to local, state, or federal elections at the Dublin Civic Center or while
representing the City in an official capacity as a member of the City Council. For the
purposes of this resolution, “representing the City in an official capacity” shall be limited
to those circumstances in which the City Council has delegated the authority to a
member of the City Council to act on behalf of the City or to represent the City.
At its January 15, 2013 meeting, the City Council received a report on these two policies, and
directed staff to prepare amendments to them to do the following:
1) Define the term “political activities” using a definition modeled on the federal Hatch
Act, which addresses political activities of federal officials and employees; and
2) Modify Resolution 26-08 to permit Councilmembers to participate in candidate forums
and debates and to exclude the Civic Center parking lot from the general prohibition on
political activities at the Civic Center.
Staff has prepared two resolutions to implement this direction, one amending and restating the
Rules for Conduct, and one amending and restating the policy on Councilmembers engaging in
political activities at the Civic Center and while acting in their official capacities.
Both resolutions would define “political activity” to mean: “an activity directed toward the success
or failure of a political party, a candidate for elected office, a ballot measure, or a political group.”
Pursuant to the City Council’s direction, this definition is modeled after the definition used in the
federal Hatch Act. References to “partisan” elections in the Hatch Act definition were removed
because many California elections, including those for City Council and Mayor, are nonpartisan.
The Hatch Act definition does not include activity directed towards ballot measures. This is
presumably because ballot measures do not occur in federal elections. However, they are
common in California, and staff believed that it would be consistent with the purposes of the
policy to include ballot measures in the definition. Note that the Rules for Conduct would still
include an exception permitting the City Council to discuss whether the City Council should, as a
body, support or oppose a ballot measure. Under this exception, individual Councilmembers
are permitted to discuss their stance on whether the City Council should take a position on ballot
measures.
The proposed resolution amending and restating the Policy on Political Activities would permit
City Councilmembers to participate in candidate forums and debates conducted in connection
with elections to fill the offices of Mayor and City Councilmember. This resolution would also
exclude the Civic Center parking lot from the area covered by the prohibition.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None required.
ATTACHMENTS:
1. Resolution Amending and Restating the Rules for the Conduct of
Meetings of the City Council (Replacing Resolution No. 19-11)
Page 2 of 3
2. Resolution Amending and Restating the Policy Prohibiting City
Council Members from Engaging In Political Activities at the Civic
Center and While Representing the City in an Official Capacity
Page 3 of 3
RESOLUTION NO. - 13
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
AMENDING AND RESTATING THE RULES FOR THE
CONDUCT OF MEETINGS OF THE CITY COUNCIL
(REPLACING RESOLUTION NO. 19-11)
WHEREAS,
from time to time, the City Council amends and restates the Rules
for the Conduct of Meetings of the City Council, and the Rules were last restated by
Resolution No. 19-11; and
WHEREAS,
the City Council wishes to amend and restate the Rules in order to
add a definition of the term “political activities” to the provision prohibiting
Councilmembers from engaging in political activities during meetings of the City
Council.
NOW, THEREFORE, BE IT RESOLVED
that the Rules for the Conduct of
Meetings of the City Council are amended to read as follows in their entirety:
1. REGULAR MEETINGS
Time
a. Regular meetings of the City Council shall be held on the first
and third Tuesday of each month at the hour of 7:00 p.m., except that Closed
Session Items shall be held at 6:30 p.m. Whenever the day fixed for any regular
meeting of the City Council falls upon a day designated as a holiday, such
meeting will be held at the same hour on the next succeeding day not a holiday.
Place
b. All regular meetings of the City Council shall be held at the
Civic Center, as designated by Ordinance.
Public
c. All meetings of the City Council shall be open to the public;
provided, however, the City Council may hold closed sessions as provided by the
laws of the State of California.
2. SPECIAL MEETINGS
A special meeting may be ordered at any time by the Mayor whenever in
his/her opinion the public business may require it or upon the written request of
any three members of the City Council. Whenever a special meeting shall be
called, written notice of such meeting shall be delivered personally or by any
other means by the City Clerk to each member of the City Council and to each
local newspaper of general circulation and radio/television station requesting
notice in writing. Such notice must be delivered at least twenty-four (24) hours
before the time of such meeting as specified in the notice. The notice shall
specify the time and place of the special meeting and the business to be
transacted or discussed. No other business shall be considered at such meetings
by the City Council.
The agenda for special meetings shall contain the information set forth in
Section 3.a. - f. below. At least twenty-four (24) hours before each special
meeting, the City Clerk shall post a copy of the agenda, including the call and
notice of the special meeting at the same location identified in Section 3 below.
3. AGENDA
In order to facilitate the orderly conduct of the business of the City Council,
the City Clerk shall be notified no later than 11:00 a.m., on the Tuesday
immediately preceding a regular City Council meeting of all reports,
communications, ordinances, resolutions, contract documents or other matters to
be submitted to the City Council at such meeting. Immediately thereafter, the City
Clerk shall arrange an agenda of such matters according to the order of business
and furnish each member of the City Council, the City Manager, City Attorney,
City Department Heads and Staff with a copy of the agenda packet prior to the
City Council meeting and as far in advance of the meeting as time for preparation
will permit.
The agenda prepared by the City Clerk shall, at a minimum, include:
a. The date of the meeting
b. The time of the meeting
c. The location of the meeting
d. A brief general description of each item of business to be
transacted or discussed at the meeting
e. Specified period of time for members of the public to address the
City Council on items of interest to the public that are within the jurisdiction of the
City Council, including a provision that no person may speak longer than three
(3) minutes, and including language that the City Council can only briefly respond
with questions, refer to Staff, or place on a future agenda
f. A specified section under which City Councilmembers and Staff
may present informational only reports.
At least seventy-two (72) hours before each regular meeting, the City
Clerk shall post a copy of the agenda in the Kiosk in front of the Civic Center
located at 100 Civic Plaza, Dublin, California.
The City Clerk shall execute a declaration of posting which shall be filed in
the Office of the City Clerk.
The City Clerk shall so mark or denote “Consent Calendar” items on the
agenda to identify those items on the agenda which can reasonably be expected
to generate no discussion by members of the City Council, City Staff or
interested persons in the audience. The City Council shall consider all of the
items on the Consent Calendar portion of the agenda at one time by a vote after
a motion has been duly made and seconded. If any member of the City Council,
City Staff or interested person in the audience requests that a consent item be
removed from the list, such item shall be taken up for consideration and
disposition in the order listed on the agenda.
4. PRESIDING OFFICER
The Mayor shall preside at all City Council meetings and perform such
other duties consistent with his/her office as may be imposed by the City Council.
The Mayor shall be entitled to vote, but shall possess no veto power. The Mayor
shall be recognized as the official head of the City for all ceremonial purposes.
The Mayor shall preserve strict order and decorum at all regular and
special meetings of the City Council. The Mayor shall state every question
coming before the City Council, call for the vote, announce the decision of the
City Council on all subjects and decide all questions of order, subject however, to
an appeal of the City Council, in which event a majority vote of the City Council
shall govern and conclusively determine such question of order. The Mayor shall
sign all Ordinances adopted by the City Council during his/her presence. In the
event of the absence of the Mayor, the Mayor Pro Tempore shall sign
Ordinances as then adopted.
5. CALL TO ORDER
The Mayor, or in his/her absence, the Mayor Pro Tempore, shall take the
chair precisely at the hour appointed for the meeting, and shall immediately call
the City Council to order. In the absence of the Mayor or Mayor Pro Tempore, the
City Clerk shall call the City Council to order, whereupon a temporary chair shall
be elected by the members of the City Council present. Upon the arrival of the
Mayor or Mayor Pro Tempore, the temporary chair shall immediately relinquish
the chair upon the conclusion of the business immediately before the City
Council.
6. ATTENDANCE
Before proceeding with the business of the City Council, the City Clerk
shall enter into the minutes, the names of the members present or absent. No
formal roll call need be taken.
7. QUORUM
A majority of the members of the City Council shall constitute a quorum for
the transaction of business, but a lesser number than a quorum may adjourn
from time to time. The City Council may adjourn any regular, adjourned regular,
special or adjourned special meeting to a time and place specified in the order of
adjournment. If all members are absent from any regular or adjourned regular
meeting, the City Clerk may declare the meeting adjourned to a stated time and
place. If he/she does, he/she shall cause written notice of the adjournment to be
given in the same manner as provided for special meetings. A copy of the order
or notice of adjournment shall be posted in the Civic Center Kiosk and other
places designated by the City Council within twenty-four (24) hours after the time
of adjournment. Whenever a regular or adjourned regular meeting is adjourned
as provided in this section, the resulting adjourned regular meeting is a regular
meeting for all purposes. When an order of adjournment of any meeting fails to
state the hour at which the adjournment meeting shall be held, it shall be held at
the hour specified for regular meetings.
8. ORDER OF BUSINESS
Promptly at the hour set on the day of each regular meeting, the members
of the City Council, City Clerk (or Designee) and City Manager (or Designee)
shall take their regular stations in the City Council Chambers and the business of
the City Council shall be taken up for consideration and disposition in the
following order except that with the unanimous consent of the City Council,
matters may be taken up out of order:
• Call to Order (Closed Session)
• Call to Order & Pledge of Allegiance to the Flag
• Report on Closed Session Action
• Oral Communications
• Consent Calendar
• Written Communications
• Public Hearings
• Unfinished Business
• New Business
• Other Business (City Council/Staff Informational Only
Reports/Matters Too Late for the Agenda)
• Adjournment
9. MATTERS TOO LATE FOR THE AGENDA
a. No action or discussion shall take place on any item not appearing
on the agenda for a regular meeting as posted, unless
(1) The City Council determines by majority vote that an
emergency situation exists, as defined in Government Code Section 54956.5;
(2) The City Council determines by vote of two-thirds of the
members present (i.e. four votes if five members are present and three votes if
four members are present), or by a unanimous vote of the members of the City
Council if only 3 members are present, that there is a need to take immediate
action and that the need for action came to the City Council's attention after the
agenda was posted;
(3) The item was included in a posted agenda for a prior
meeting held not more than five (5) calendar days prior to the meeting at which
the item is acted upon and at the prior meeting the item was continued to the
meeting at which the action is being taken.
b. When an item not on an agenda is raised by a member of the
public, the City Council may briefly respond, may ask questions for clarification,
provide a reference to Staff or other resources, or request Staff to report back at
a subsequent meeting. Furthermore, a member of the City Council may take
action to place a matter of business on a future agenda.
10. READING OF MINUTES
Unless the reading of the minutes of a City Council meeting is requested
by a member of the City Council, such minutes may be approved without reading
if the City Clerk has previously furnished each member with a copy thereof.
11. RULES OF DEBATE
a. Presiding Officer may debate The Mayor or such other member of
the City Council as may be presiding may move, second and debate from the
chair, subject only to such limitations of debate as are by these rules imposed
upon all members. He/she shall not be deprived of any of the rights and
privileges of a City Councilmember by reason of his /her acting as the Presiding
Officer.
b. Getting the floor Every member desiring to speak shall address the
Mayor, and upon recognition by the Mayor, shall confine himself/herself to the
question under debate.
c. Interruptions A member once recognized, shall not be interrupted
when speaking unless it be to call him/her to order, or as herein otherwise
provided. If a member, while speaking, be called to order, he/she shall cease
speaking until the question of order be determined, and if in order, he/she shall
be permitted to proceed.
d. Privilege of closing debate The City Councilmember moving the
adoption of an Ordinance or Resolution shall have the privilege of closing the
debate.
e. Motion to reconsider A motion to reconsider any action taken by
the City Council may be made at any time. Such a motion must be made by one
of the prevailing side, but may be seconded by any member, and may be made
at any time and have precedence over all other motions or while a member has
the floor; it shall be debatable. Nothing herein shall be construed to prevent any
member of the City Council from making or remaking the same or other motion at
a subsequent meeting of the City Council.
f. Remarks of City Councilmember A City Councilmember may
request through the Mayor, the privilege of having an abstract of his /her
statement on any subject under consideration by the City Council entered in the
minutes. If the City Council consents thereto, such statement shall be entered in
the minutes.
g. Synopsis of Debate The City Clerk may be directed by the Mayor
with the consent of the City Council, to enter in the minutes a synopsis of the
discussion of any question coming regularly before the City Council.
h. Rules of Order Except as otherwise provided in this Resolution, the
current edition of “Roberts Rules of Order” shall govern the conduct of the
meetings of the City Council.
12. ADDRESSING THE CITY COUNCIL
Any person desiring to address the City Council at a meeting shall first
secure the permission of the Mayor to do so; provided, however, that under the
following headings of business, any qualified and interested person shall have
the right to address the City Council upon obtaining recognition by the Mayor.
a. Written Communications Interested persons or their authorized
representative may address the City Council by written communication on any
matters concerning the City's business, or any matters over which the City
Council has control. Such written communication shall be delivered to the City
Clerk no later than 11:00 a.m., of the Tuesday immediately preceding the regular
City Council meeting for which such written communication is intended.
b. Oral Communications Interested persons in the audience or their
authorized representatives may address the City Council by oral communications
on any matters over which the City Council has control; provided, however, that
preference shall be given to those persons who have notified the City Clerk in
advance of their desire to speak in order that the same may appear on the
agenda of the City Council.
13. ADDRESSING THE CITY COUNCIL AFTER MOTION IS MADE
After a motion is made by the City Council, no person shall address the
City Council without first securing the permission of the Mayor to do so.
14. MANNER OF ADDRESSING CITY COUNCIL
Each person addressing the City Council shall stand at the podium, and
give his/her name and address in an audible tone of voice for the record. A
Speaker Slip shall be completed in order to facilitate preparation of the minutes.
All remarks shall be addressed to the City Council as a body and not to any
member thereof. No person, other than the City Council and the person having
the floor shall be permitted to enter into any discussion, either directly or through
a member of the City Council, without the permission of the Mayor. No question
shall be asked a City Councilmember except through the Mayor.
15. VOTING
a. Members of the City Council shall vote by a “voice vote” on all
Ordinances, Resolutions and other matters, unless a roll call vote is required by
law or is requested by a City Councilmember. Silence shall be recorded as an
affirmative vote. The Mayor shall announce the result of the vote. The City Clerk
shall show on Ordinances and Resolutions, the names of City Councilmembers
voting “Aye” and “No”.
b. The vote on any matter being considered by the City Council may
be delayed by the Mayor until all members of the City Council present for a
meeting, and not excused as herein provided, are present at the City Council
dais.
c. A member of the City Council who has a conflict of interest
regarding any matter being considered by the City Council shall declare the
conflict and excuse himself/herself from participating in the City Council's
deliberations and decisions regarding that matter.
16. ORDER AND DECORUM
a. By City Councilmembers While the City Council is in session, the
members must preserve order and decorum, and a member shall neither by
conversation or otherwise, delay or interrupt the proceedings or the peace of the
City Council nor disturb any member while speaking or refuse to obey the orders
of the City Council or Mayor, except as otherwise herein provided.
b. By Persons Any person making personal, impertinent, or
slanderous remarks or who shall become boisterous while addressing the City
Council or who shall by conversation or otherwise, delay or interrupt the
proceedings or the peace of the City Council or disturb any member while
speaking or refuse to obey the orders of the City Council or the Mayor shall be
forthwith, by the Mayor, barred from further audience before the City Council,
unless permission to continue is granted by a majority vote of the City Council.
c. Enforcement of Order and Decorum A law enforcement officer
shall be designated as Sergeant-at-Arms of the City Council meetings when
requested by the Mayor. He/she shall carry out all orders and instructions given
at the City Council meeting. Upon instruction of the Mayor, it shall be the duty of
the Sergeant-at -Arms, as to any person who violates the order and decorum of
the meeting to remove and bar such person from the City Council meeting.
Violation of the order and decorum of a City Council meeting is a misdemeanor.
d. Smoking Smoking is prohibited at all times in all City-owned
facilities.
17. PROHIBITION ON POLITICAL ACTIVITIES
Members of the City Council shall not engage in political activities related
to local, state, or federal elections during Council meetings. For the purposes of
this section, the term “political activity” shall mean an activity directed toward the
success or failure of a political party, a candidate for elected office, a ballot
measure, or a political group. Nothing in this section shall prevent the City
Council from considering whether or not to support or oppose a ballot measure or
state or federal legislation.
18. SPECIAL COMMITTEES/TASK FORCES
All special committees/task forces shall be appointed by the Mayor,
subject to approval of the City Council.
19. CITY COUNCILMEMBER VACANCIES
When a vacancy occurs on the City Council, in the office of City
Councilmember or Mayor, and the City Council determines to consider filling the
vacancy by appointment, the City Council will make such appointment only at a
meeting at which all remaining City Councilmembers (including the Mayor) are
present. This rule shall not preclude the City Council from calling a special
election to fill the vacancy or from adopting an ordinance to fill the vacancy
pursuant to Government Code Section 36512 at a meeting at which one of the
remaining City Councilmembers (including the Mayor) is absent.
20. PROTESTS
Any City Councilmember shall have the right to have the reasons for
his/her dissent from or protest against, any action of the City Council entered in
the minutes.
21. ADJOURNMENT
A motion to adjourn shall always be in order and decided without debate.
22. RULES AVAILABLE FOR PUBLIC REVIEW
A copy of these Rules shall be available at all meetings of the City Council
for review by the public.
PASSED, APPROVED AND ADOPTED
this 19th day of February, 2013.
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________________
Mayor
ATTEST:
_______________________________________
City Clerk
RESOLUTION NO. - 13
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
AMENDING AND RESTATING THE POLICY PROHIBITING CITY COUNCIL
MEMBERS FROM ENGAGING IN POLITICAL ACTIVITIES AT THE CIVIC CENTER
AND WHILE REPRESENTING THE CITY IN AN OFFICIAL CAPACITY
WHEREAS
, California Government Code section 3207 authorizes the City to
adopt rules prohibiting officers and employees from engaging in political activities during
working hours and prohibiting political activities on the premises of the City ; and
WHEREAS
, consistent with this authority, the City Council previously adopted
Resolution 26-08, which enacted a policy to prohibiting City Council members from
engaging in political activities at the Civic Center and while acting in an official capacity;
and
WHEREAS
, the City Council desires to amend and restate the policy set forth in
Resolution 26-08.
NOW, THEREFORE, BE IT RESOLVED
that Resolution 26-08 is hereby
repealed.
BE IT FURTHER RESOLVED
that the City Council hereby adopts an amended
and restated policy prohibiting City Councilmembers from engaging in political activities
at the Civic Center and while representing the City in an official capacity to read as
follows:
POLICY PROHIBITING CITY COUNCILMEMBERS FROM ENGAGING IN
POLITICAL ACTIVITIES AT THE CIVIC CENTER AND WHILE
REPRESENTING THE CITY IN AN OFFICIAL CAPACITY
1) Members of the City Council of the City of Dublin shall not engage in political
activities relating to local, state, or federal elections at the Dublin Civic Center—
exclusive of the parking lot area of the Dublin Civic Center—or while representing the
City in an official capacity as a member of the City Council.
2) Notwithstanding the foregoing, members of the City Council may participate in
candidate forums and debates conducted in connection with elections to fill the offices
of Mayor and City Councilmember.
3) For the purposes of this policy, the term “political activity” shall mean an
activity directed toward the success or failure of a political party, a candidate for elected
office, a ballot measure, or a political group.
4) For the purposes of this policy, “representing the City in an official capacity”
shall be limited to those circumstances in which the City Council has delegated the
authority to a member of the City Council to act on behalf of the City or to represent the
City.
PASSED, APPROVED AND ADOPTED
this 19th day of February, 2013.
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________________
Mayor
ATTEST:
_______________________________________
City Clerk