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HomeMy WebLinkAboutItem 8.3 - 1387 Rules of Conduct Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: April 4, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Rules of Conduct for Meetings of the City Council Prepared by: Caroline P. Soto, City Clerk/Records Manager EXECUTIVE SUMMARY: The City Council will discuss the Rules for the Conduct of Meetings of the City Council to address time limits on speakers based on number of speakers, close of acceptance period of speaker slips, and posting of Rules at City Council meetings. STAFF RECOMMENDATION: Discuss Rules for the Conduct of Meetings of the City Council, and provide direction, as appropriate. FINANCIAL IMPACT: None. DESCRIPTION: At its March 21, 2017 meeting, the City Council requested Staff bring back a report to discuss the length of time speakers have to comment on items, based on number of speaker requests per item, at City Council meetings, and also, at what point speaker requests are no longer accepted. The current language in Resolution No. 9-16 Amending and Restating the Rules for the Conduct of Meetings of the City Council (Attachment 1), states: 3. AGENDA (Page 2 of 8) The agenda prepared by the City Clerk shall, at a minimum, include: 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 statement that no person may speak longer than three (3) minutes, or such shorter period as may be established by the City Council based on number of speakers, and including language that the City Council Page 2 of 2 can only briefly respond with questions, refer to Staff, or place on a future agenda. 14. MANNER OF ADDRESSING CITY COUNCIL (Page 6 of 8) On each agenda item, each member of the public shall be given a specified amount of time to address the City Council during the public comment period, and the time limits shall be reasonably and uniformly applied to all speakers, so far as is possible, with the exception of formal applicants for approvals from the City who will be allotted additional time. Unless determined otherwise by a majority vote of the City Council, the time limits shall be as follows based on the number of speaker slips submitted to the City Clerk prior to the commencement of the public comment period.  1-9 speaker slips – 3 minutes  10-14 speaker slips – 2 minutes  15+ speaker slips – 1 minute The City Council also requested that the Rules be posted in the Council Chamber, and the time limits be printed on the speaker slips. This will be completed at a later date, including revisions, if needed. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Resolution No. 9-16 Amending and Restating Rules for the Conduct of Meetings of the City Council RESOLUTION NO. 9 - 16 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 WHEREAS, from time to time the City Council amends and restates the Rules of Conduct of Meetings of the City Council, and the Rules were last restated by Resolution No. 154-13; and, WHEREAS, the City Council wishes to amend and restate the Rules in order to specify the length of time for public comment, specify the manner of producing the agenda, and make other changes to ensure compliance with applicable law. 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 a. Time 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. b. Place All regular meetings of the City Council shall be held at the Civic Center, as designated by Ordinance. c.Public 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. Page 1 of 8 3. AGENDA The City Clerk shall, in consultation with the City Manager, arrange an agenda of matters according tothe order of business and furnish each member of the CityCouncil, the City Manager, City Attorney, and City Department Heads with a copy of the agenda packetprior to the City Council meeting at least 72 hours in advance of a regular meeting, and 24 hours in advanceof a special meeting, as timeforpreparation will permit. The agenda prepared by theCityClerk shall, at a minimum, include: a. Thedate of the meeting b. Thetime of themeeting 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 publicthat are withinthe jurisdiction ofthe City Council, including a statementthat no personmay speak longer than three (3) minutes, or such shorter period as may be established by the City Council based on number of speakers, and including language that theCity Council can only briefly respond with questions, refer to Staff, or place on a future agenda. f.A specified sectionunder which City Councilmembers and Staff may present informational only reports. At least seventy-two (72) hours before each regularmeeting, 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 ofthe 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 theCity Council, City Staff or interested persons in the audience. TheCityCouncil shall consider all of the items on the Consent Calendar portion of theagenda at one time by a vote after a motion has been dulymade and seconded. If any member of the City Council, City Staff or interested person in the audience requests that a consent item be removed fromthe 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 Councilmeetings 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. TheMayor shall be recognized as theofficial head of the City for all ceremonial purposes. Page 2 of 8 The Mayor shallpreserve strict order and decorum at all regular and special meetings of the City Council. TheMayorshall state everyquestion coming beforethe City Council, call for the vote, announce the decision ofthe City Council on all subjects and decide all questionsof 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 theMayor, the Mayor Pro Tempore shall sign Ordinances and Resolutions as then adopted. 5. CALL TO ORDER The Mayor, or in his/her absence, the Mayor Pro Tempore, shall take the chairprecisely at the hour appointed for themeeting, and shall immediately call the City Council to order. In the absence of the MayororMayor Pro Tempore, the City Clerk shall call the City Council to order, whereupon a temporarychair shall be elected by the members of the City Council present. Upon thearrival of the Mayor or Mayor Pro Tempore, the temporarychair shall immediately relinquishthe chair upon the conclusion of the business immediately beforetheCityCouncil. 6. ATTENDANCE Before proceeding withthe 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 majorityof the members of the City Council shall constitute a quorum for the transaction of business, but a lesser number than a quorummay adjournfromtime to time. The City Council mayadjourn any regular, adjournedregular, special or adjournedspecial meeting to a time and place specified in the order ofadjournment. If all members are absent fromany regular or adjournedregular meeting, the City Clerk may declare themeeting adjourned to a stated time and place. If the City Clerkdoes, theCity Clerk shall cause written notice of the adjournment to be given in thesame 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 adjournedregular meeting is adjourned as provided in this section, the resulting adjourned regular meeting is a regular meeting for all purposes. When an orderof adjournment of any meeting fails to statethe hour at which the adjournment meeting shall be held, it shall beheld at thehour specified for regularmeetings. 8. TELECONFERENCING In rare cases and exceptional circumstances, the City Council permits teleconferencing by City Councilmembers at regular and special City Council meetings. Only one (1) Councilmember is permitted to attend via teleconference permeeting. The first Councilmember whonotifies the CityClerk of his or her intention to do so will be permitted to attend by teleconference. Only audio teleconferencing is permitted. Videoconference or any other form of non-telephonic communication are not approvedforms of teleconferencing of City Councilmeetings. Page 3 of 8 9. ORDER OF BUSINESS Promptly at the hour set on the day of each regular meeting, the membersof theCity Council, City Clerk (or Designee) and City Manager (or Designee) shall take their regularstations in the City Council Chambers and the business of theCity Council shall be taken up for consideration and disposition in the followingorderexceptthat, with the unanimousconsentof the City Council, matters may be taken up out of order: Call to Order (Closed Session) Call to Order & Pledgeof 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 10. 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 one of the three items below, occurs: 1) The City Council determines by majority vote that an emergency situation exists, as defined in Government Code Section 54956.5; or 2) The City Council determines by vote of two-thirds of themembers present i.e. four votes if five members are present and three votes if four members are present), or by a unanimousvote ofthe members of theCity Council if only 3 members are present, thatthere is a need to takeimmediate action and that the need for action came to the City Council's attentionafter the agenda was posted; or 3) The item was included in a posted agenda for a prior meeting held not more than five (5) calendar daysprior to themeeting at which the item is acted upon and at the priormeetingthe item was continued to themeeting at which the action is being taken. b. When an item not on the agenda is raised by a member of the public, theCity 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 theCity Council may request that theCity Council, and the City Councilmay, direct staff to place a matter ofbusiness on a future agenda. 11. 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. Page 4 of 8 12. RULES OF DEBATE a. Presiding Officer may debate The Mayor or such othermember of the City Council as may be presiding maymove, second and debate from thechair, subject only to such limitations of debate as are by these rules imposed upon all members. He/she shallnot be deprived of any of the rights and privileges of a City Councilmember by reason of his /her acting as thePresiding Officer. b. Getting the floor Every member desiring to speak shall address the Mayor, and upon recognition by theMayor, shall confine himself/herself to thequestion under debate. c.Interruptions A member, once recognized, shall notbe interruptedwhen 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/sheshall ceasespeaking until thequestion of order is determined, and if in order, he/sheshall be permitted to proceed. d.Privilege of closingdebate TheCity Councilmember moving the adoption of an Ordinance or Resolutionshall have theprivilege of closing the debate. e. Motion to reconsider Amotion to reconsider any actiontaken by the City Council may be made at any time. Such a motionmust be made by one of the prevailingside, 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 hasthe floor; it shall be debatable. Nothinghereinshall be construed to prevent any memberof the City Council frommaking or remaking the same or other motion at a subsequent meeting of the City Council. f.Remarks of City CouncilmemberA City Councilmember may request, through the Mayor, the privilege of having an abstract of his /her statement on any subject under consideration by theCityCouncilentered in theminutes. 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 discussionof any question coming regularly beforethe City Council. h. Rules of Order Except as otherwiseprovided in this Resolution, the current edition of "Roberts Rules of Order" shallgovern the conduct of the meetings of the City Council. 13. ADDRESSING THE CITY COUNCIL Any persondesiring to addressthe City Council at a meeting shall first secure the permission of the Mayor to do so; provided, however, that under thefollowingheadings of business, members of the public shallhave the right to address the City Council upon obtaining recognition by the Mayor. a. Written Communications Interested personsor their authorized representative may request to address the City Council by written communication on any matters concerning the City's business, or any mattersover which the City Council has control. Such written communication shall be delivered to the City Clerk. b. Public Comment on Agenda Items The City Council shall providemembers of thepublic an opportunity to addressthe City Council before orduring its consideration of the item. Although members of the public may submit comments in writing, the City Council is not required to read written comments into the record. c.Oral Communications — Items Not on the Agenda The City Council shall provide members of the public an opportunity during the "Oral Communications" portion of the agenda to address theCityCouncil on any item of interest to the publicthat is within the subject matter jurisdiction of theCityCouncil. Page 5 of 8 14. MANNER OF ADDRESSING CITY COUNCIL City Councilmeetings are business meetings, and personsaddressing the City Council are expected to conduct themselves accordingly. Eachperson addressing the City Council shall stand at thepodium and should give, in an audible tone of voice for the record, his/her name and his/her address, although providing one's name and address is not required. Persons desiring to address theCity Council shall submit a speaker slip, the purpose of which is to allow theMayor to manage the meeting and the City Clerk to produce theminutes, although the person need not provide his or hername in order to speak. The City Council expects that remarks will be addressed to the City Council as a body and not to individuals or thepublic. No person, other thanthe City Council and theperson 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 theMayor. No question shall be asked of a City Councilmember except through the Mayor. On each agenda item, each member of the public shall be given a specified amountof time to address the City Council during the public comment period, and thetime limits shall be reasonably and uniformly applied to all speakers, so far as is possible, with the exception of formal applicants for approvals from the City who will be allottedadditional time. Unless determinedotherwise by a majority vote of the City Council, the time limits shall be as follows based on the number of speaker slipssubmitted to the City Clerkprior to the commencement of thepublic comment period. 1-9 speaker slips — 3 minutes 10-14 speaker slips — 2 minutes 15+ speaker slips — 1 minute 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 Mayorshall announce the result of the vote. As required by Government Code section 54953(c)(2), the City Clerk shall record in theminutes the vote or abstention of each City Councilmember present for theaction. b. Thevote on any matter being considered by theCity Council may be delayed by theMayor until all members of theCity Council present for a meeting, and not excused as herein provided, are present at the City Council dais. c. A member of theCity Council who has a conflictof interest regardingany 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 CouncilmembersWhile the City Council is in session, the members must preserveorder and decorum, and a member shall neither by conversation or otherwise, delay or interrupt the proceedings or thepeace of the City Council nor disturb any member whilespeaking or refuse to obey the orders of the City Council or Mayor, except as otherwise herein provided. Page 6 of 8 b. By Persons Any person making remarks or engaging in conduct which actually disrupts, disturbs, or impedes the proceedings or the peace of theCity Council or disturbs any member while speaking or refuses to obey the orders of theCity 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. In order to maintain the appropriate level of civility in the City Council's businessmeetings, persons are expected to refrain from making personal, impertinent, or slanderous remarks and from becoming boisterous. c.Enforcement of Order and Decorum A law enforcement officer shall be designated as Sergeant-at-Arms of the City Councilmeetingswhenrequested by theMayor. He/she shall carry out all orders and instructions given at the City Council meeting. Upon instruction of theMayor, it shall be theduty of the Sergeant-at-Arms to remove and barsuch person from the City Council meeting who violates the order and decorum of themeeting. Violationof the order and decorum of a CityCouncilmeeting is a misdemeanor. d. SmokingSmoking is prohibited at all times in all City-owned facilities. 17. PROHIBITION ON POLITICAL ACTIVITIES Members of the City Council shallnot engage in political activities related to local, state, or federal elections during Council meetings. For the purposesof thissection, the term "political activity" shall mean an activity directed toward the success or failure of a politicalparty, a candidate for elected office, a ballot measure, or a political group. Nothing in this section shall preventthe City Council from considering whether ornot to support or oppose a ballot measure or state or federallegislation. 18. SPECIAL COMMITTEES/TASK FORCES All special committees/task forces shall be appointed by theMayor, subject to approval of the City Council. 19. CITY COUNCILMEMBER VACANCIES When a vacancy occurs on the City Council, in theoffice of City Councilmember or Mayor, and the City Council determines to consider filling the vacancy by appointment, theCityCouncil will make such appointment only at a meeting at which all remaining City Councilmembers including theMayor) are present. This rule shall not preclude the City Council from calling a special election to fill the vacancy or fromadopting an ordinance tofill the vacancy pursuant to Government Code Section 36512 at a meeting at which one of the remainingCity Councilmembers (including theMayor) is absent. 20. PROTESTS Any City Councilmember shall have the right to have thereasons for his/her dissent from, or protest against, any action of the City Councilentered in the minutes. 21. ADJOURNMENT A motion to adjourn shall always be in order and decided without debate. Page 7 of 8 22. RULES AVAILABLE FOR PUBLIC REVIEW Acopyof 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 January, 2016, by thefollowingvote: AYES: Councilmember Biddle, Gupta, Hart, and Wehrenberg NOES: None ABSENT: Mayor Haubert ABSTAIN: None yor Pro Tem ATTES : ALL. L I P )T City Clerk Reso No. 9-16,Adopted 1-19-16, Item 8.2 Page 8 of 8